SECTIONS 50050-50057 - California Statutes

GOVERNMENT CODE

SECTION 50050-50057

50050. For purposes of this article, "local agency" includes all
districts. Except as otherwise provided by law, money, excluding
restitution to victims, that is not the property of a local agency
that remains unclaimed in its treasury or in the official custody of
its officers for three years is the property of the local agency
after notice if not claimed or if no verified complaint is filed and
served. At any time after the expiration of the three-year period,
the treasurer of the local agency may cause a notice to be published
once a week for two successive weeks in a newspaper of general
circulation published in the local agency. Money representing
restitution collected on behalf of victims shall be either deposited
into the Restitution Fund or used by the local agency for purposes of
victim services after the expiration of the three-year period.
However, with respect to moneys deposited with the county treasurer
pursuant to Section 7663 of the Probate Code, this three-year period
to claim money held by a local agency is extended for an infant or
person of unsound mind until one year from the date his or her
disability ceases.
For purposes of this section, "infant" and "person of unsound mind"
have the same meaning as given to those terms as used in Section
1441 of the Code of Civil Procedure.

50051. The notice shall state the amount of money, the fund in
which it is held, and that it is proposed that the money will become
the property of the local agency on a designated date not less than
forty-five days nor more than sixty days after the first publication
of the notice.

50052. Upon or prior to publication, a party of interest may file a
claim with the treasurer which must include the claimant's name,
address, amount of claim, the grounds on which the claim is founded,
and any other information that may be required by the treasurer. The
claim shall be filed before the date the unclaimed money becomes the
property of the local agency as provided under Section 50051 and the
treasurer shall accept or reject that claim. If the claim is rejected
by the treasurer, the party who submitted the claim may file a
verified complaint seeking to recover all, or a designated part, of
the money in a court of competent jurisdiction within the county in
which the notice is published, and serves a copy of the complaint and
the summons issued thereon upon the treasurer. The copy of the
complaint and summons shall be served within 30 days of receiving
notice that the claim was rejected. The treasurer shall withhold the
release of the portion of unclaimed money for which a court action
has been filed as provided in this section until a decision is
rendered by the court.

50052.5. (a) Notwithstanding Section 50052, the treasurer may
release to the depositor of the unclaimed money, their heir,
beneficiary, or duly appointed representative, unclaimed money if
claimed prior to the date the money becomes the property of the local
agency upon submitting proof satisfactory to the treasurer, unless
the unclaimed money is deposited pursuant to Section 7663 of the
Probate Code.
(b) Notwithstanding Section 50052, the treasurer may release
unclaimed money deposited with the county treasurer pursuant to
Section 7663 of the Probate Code, to any adult blood relative of
either the decedent or the decedent's predeceased spouse.
(c) Notwithstanding Section 50052, the treasurer may release
unclaimed money deposited with the county treasurer pursuant to
Section 7663 of the Probate Code to the parent who has legal and
physical custody of a minor who is a blood relative of either the
decedent or the decedent's predeceased spouse without the need to
appoint a legal guardian for the minor as follows:
(1) If the value of the unclaimed money deposited with the county
treasurer is five thousand dollars ($5,000) or less, the treasurer
may release the money according to Section 3401 of the Probate Code.
(2) If the value of the unclaimed money deposited with the county
treasurer is sixty thousand dollars ($60,000) or less, and the money
is not released under paragraph (1), the unclaimed money may be
released by the treasurer to the parent who shall, after payment of
any costs incurred in making the claim, hold the money in trust, to
be used only for the care, maintenance, and education of the minor,
and the parent shall be liable therefor to the minor under the
fiduciary laws of this state. The money held in trust shall be
released to the minor when the minor reaches the age of majority.
(d) The claim shall be presented to the county treasurer in
affidavit form and signed under penalty of perjury. Notwithstanding
Section 13101 of the Probate Code, the claimant, to be entitled to
the entire escheated estate, needs only to establish with documentary
proof the existence of a blood relationship to either the decedent
or of the predeceased spouse, if any, and the documentary proof, if
regular on its face, need not be certified. Notwithstanding Section
13101 of the Probate Code, the claimant shall not be required to
declare that no other person has an equal or superior claim to the
escheated estate.
The county treasurer may rely in good faith on the sworn
statements made in the claim and shall have no duty to inquire into
the truth or credibility of evidence submitted.
In paying out the escheated estate, the county treasurer shall be
held harmless to all. Payment shall act as total acquittance and
shall completely discharge the county treasurer from any liability.
If the county treasurer rejects any claim made hereunder, the
claimant may take his or her grievance to the Superior Court of the
county holding the escheated estate.
Any claim paid hereunder shall be paid without interest.

50053. When any such money becomes the property of a local agency
and is in a special fund, the legislative body may transfer it to the
general fund.

50054. Whenever any city or county or city and county renders
construction services or constructs public works for any city,
county, city and county or any other governmental agency below the
level of the state government, the price charged for such services or
construction shall be sufficient to reimburse the governmental body
performing such services for the full cost thereof including labor,
material, equipment costs or rentals and a reasonable allowance for
overhead. In computing overhead, without limitation on other factors
properly includable, there shall be allocated to the overhead cost
its proportionate share of indirect labor and administrative costs.

50055. Any other provision of this article notwithstanding, any
individual items of less than fifteen dollars ($15), or any amount if
the depositor's name is unknown, which remain unclaimed in the
treasury or in the official custody of an officer of a local agency
for the period of one year or upon an order of the court may be
transferred to the general fund by the legislative body without the
necessity of publication of a notice in a newspaper.

50056. The responsibilities of the treasurer as provided under this
article may be delegated by the treasurer to the agency, district,
or department that maintains the supporting records of the unclaimed
money based on the initial receipt or deposit of that money or both.

50057. For individual items in the amount of one thousand dollars
($1,000) or less, the legislative body of any county may, by
resolution, authorize the county treasurer to perform on its behalf
any act required or authorized to be performed by it under Sections
50050, 50053, and 50055. The resolution shall require that the county
auditor be informed of each act performed under the authorization.