SUBJECT
Title
ESCHEATMENT OF UNCLAIMED MONEY IN COUNTY TRUST FUNDS (DISTRICTS: ALL)
Body
OVERVIEW
This is a request to approve the escheatment of specified unclaimed funds pursuant to California Government Code sections 50050-50057 and Penal Code 1420 - 1422. Public notice has been given by the Treasurer-Tax Collector that 1) the amount of $234,635.47 was deposited in Trust Funds in the Treasury of San Diego, 2) was not the property of the County of San Diego (the “County”), 3) has remained unclaimed for the requisite years, and 4) will become property of the local agency effective December 17, 2021 if no claim is received prior to that date.
RECOMMENDATION(S)
TREASURER-TAX COLLECTOR
1. Direct the identified County Departments to transfer a total of $134,140.98 from County Trust Funds and deposit it as revenue in the County’s General Fund.
2. Direct the Office of Revenue and Recovery to transfer a total of $100,494.49 from its Trust Funds and deposit it as revenue in the Office of Revenue and Recovery’s Victim Services Fund.
EQUITY IMPACT STATEMENT
The Treasurer-Tax Collector recognizes the systemic impacts that inequitable policies may create for residents of the County of San Diego. Impacts have historically included outcomes related to racial justice and issues of belonging that are reflected in the programs, services and resources allocated to communities. County departments submit a list of unclaimed monies in their possession to the Treasurer-Tax Collect for inclusion in the Treasurer-Tax Collection escheatment noticing and advertising activity. The Treasurer-Tax Collector includes those unclaimed monies in all wide-spread public notice that these unclaimed monies are available to claim by displaying a full list of items on the Treasurer-Tax Collector website, and by placing display ads in local community news publications throughout the County and supplying local shelters with the display ad information to post in their establishment as means to notify the public of the upcoming deadline to claim the monies before they are escheated. The notices and display ads utilize ‘plain language’ and graphics to convey the message and action that is needed to make a claim. Concurrent to these efforts staff perform extensive research and make attempts to contact the rightful owner the money and encourage a claim be submitted. It is anticipated that these actions have a positive impact on all equity-seeking groups to include Black, Indigenous, People of Color (BIPOC), women, people with disabilities, immigrants, youth, and the LGBTQ community.
FISCAL IMPACT
If approved, this request will result in $134,140.98 of unanticipated revenue to be realized by the County’s General Fund and $100,494.49 by the Office of Revenue and Recovery Victim Services Fund. There will be no change in net General Fund cost and no additional staff years.
BUSINESS IMPACT STATEMENT
N/A
Details
ADVISORY BOARD STATEMENT
N/A
BACKGROUND
Pursuant to California Government Code sections 50050-50057, funds that are not the property of a local agency but that remain unclaimed in the Treasury or in official custody for three years will be escheated to the local agency, thus becoming property of the local agency. Prior to transferring the funds, the County must issue public notices indicating the amount of unclaimed money, the fund in which it is held and the deadline to claim funds, which is not more than 60 days after the first publication of the notice.
Pursuant to Penal Code sections 1420 - 1422, funds received by the courts that remained unclaimed after final judgement shall be deposited with the county treasurer. Upon expiration of two years after the deposit, the county shall cause a notice pursuant to Section 1421 to be published in the county once a week for two successive weeks in a newspaper of general circulation published in the county.
To comply with these requirements, County departments submit a list of unclaimed monies in their possession to the Treasurer-Tax Collect for inclusion in the Treasurer-Tax Collection escheatment noticing and advertising activity. Prior to escheatment, Treasurer-Tax Collector staff conduct a due diligence effort to locate the owners of unclaimed money utilizing tax roll records, internet searches and other web-based search tools. The full list of unclaimed money was also published in a local newspaper and display ads published in local newspapers throughout the County directing people to view the list displayed on the San Diego County Treasurer-Tax Collector website for 60 days notifying the public of the upcoming escheatment if no claim is received. The Treasurer-Tax Collector sends out press releases to media outlets informing the public of the available unclaimed funds and reminding the public of the deadline to file.
The County has complied with all requirements as specified by sections 50050-50057, of the California Government Code and sections 1420 - 1422 of the Penal Code. The remaining unclaimed funds in the amount of 234,635.47 have been reviewed and approved by the following County departments and are available to be transferred from County Trust Funds to the County’s General Fund and the Office of Revenue and Recovery Victim Services Fund. As required by Government Code section 50050, money representing restitution collected on behalf of victims shall be deposited into a fund specific for purposes of victim services.
Attached is the 2020-21 Countywide Escheatment List by Department and Fund.
LINKAGE TO THE COUNTY OF SAN DIEGO STRATEGIC PLAN
The proposed recommendation uses sound management practices to ensure the efficient, ethical, and lawful use of public funds, commensurate with the Sustainability and Empower Strategic Initiatives in the County of San Diego’s 2022-2027 Strategic Plan.
Respectfully submitted,
DAN MCALLISTER
Treasurer-Tax Collector
ATTACHMENT(S)
2020-21 Escheatment List County Unclaimed Monies