SB 495 California Senate · 2011-2012 Regular Session

Unclaimed property.

Summary
(1) Existing law provides that the contents of a safe deposit box, or the proceeds of their sale, held in this state by a business association escheat to the state if unclaimed by the owner for more than 3 years, as specified. This bill would make a clarifying, technical change to this provision. (2) Existing law specifies the circumstances under which property held or owing by a business association escheats to the state, including funds the business association holds in a retirement account or plan. Existing law also specifies the circumstances under which tangible and intangible personal property, and income and increments to that property, held in a fiduciary capacity escheat to the state if the owner fails to take certain actions within a period of 3 years after the property becomes payable or distributable to him or her. This bill would specify additional circumstances under which certain funds in retirement accounts and plans become due and payable for purposes of escheat and would exempt tangible or intangible property from escheating to the state if the fiduciary and owner of the property have taken certain actions regarding the property. (3) Existing law requires a person holding funds or other property escheated to the state to file a report with the Controller and to pay or deliver the escheated property to the Controller within a specified time, unless another person has established his or her right to any of the property specified in the report. Under existing law, the person holding the property is required to report that property to the Controller as well as any other property that does not appear to be subject to escheat. This bill would instead require the person holding the property to report to the Controller only the property subject to escheat. The bill would make additional technical changes. (4) Existing law requires that property delivered to the Controller that has no apparent commercial value be retained for a period of not less than 18 months from the date the property is delivered. This bill would require that this property be retained for a period of not less than 7 years.
Bill status signed all 5 stages cleared
Introduction
Feb 2011
Committee Review
Aug 2011
Senate Passage
Jun 2011
Assembly Passage
Aug 2011
Signed into Law
Sep 2011
Introduced Feb 17, 2011 Signed Sep 21, 2011
Floor votes · Senate Aug 30, 2011 · Assembly Aug 25, 2011

How they voted

37–0
Passed · 2 other
Total votes 39
Aug 30, 2011
D Democratic24
24 Yea
100% Yea
R Republican15
13 Yea 2
86% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
32
Key actions
7
Committee
6
Amendments
2
Sep 20, 2011
Signed into law
Approved by the Governor.
legislature
Aug 30, 2011
Senate · Passed
Senate Vote: pass (37-0-2)
senate
Aug 30, 2011
Upper · Passed
Assembly amendments concurred in. (Ayes 38. Noes 0. Page 2149.) Ordered to engrossing and enrolling.
upper
Aug 25, 2011
Assembly · Passed
Assembly Vote: pass (70-3-6)
assembly
Aug 25, 2011
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Jul 13, 2011
Lower · Passed
From committee: Do pass. Ordered to consent calendar. (Ayes 16. Noes 0.) (July 13).
lower
Jun 21, 2011
Committee
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 10. Noes 0.) (June 21). Re-referred to Com. on APPR.
lower
Jun 16, 2011
Committee
Referred to Com. on JUD.
lower
May 26, 2011
Upper · Passed
From committee: Do pass. (Ayes 9. Noes 0. Page 1118.) (May 26).
upper
May 9, 2011
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 860.) (May 3).
upper
Mar 3, 2011
Committee
Referred to Com. on JUD.
upper
Feb 17, 2011
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Jean Fuller
Jean Fuller
RRepublican
CA
16