§ 1577.5. — 1577.5. (Repealed and added by Stats. 2022, Ch. 282, Sec. 4.)

California § 1577.5.

• Jurisdiction: California
• Code CCP: Code of Civil Procedure - CCP
• Title: 10.
• Part 3.: TITLE 10. UNCLAIMED PROPERTY
• Ch. 7.: CHAPTER 7. Unclaimed Property Law
• Art. 6.: ARTICLE 6. Compliance and Enforcement

Text

(a)
This section shall be known, and may be cited, as the “California Voluntary Compliance Program.”
(b)
The Controller may establish a program for the voluntary compliance of holders for the purpose of resolving unclaimed property that is due and owing to the state under this chapter.
(c)
A holder that has not reported unclaimed property in accordance with Section 1530 may request to enroll in the program using a form prescribed by the Controller.
(d)
The Controller, in their discretion, may enroll eligible holders in the program. A holder is
ineligible to participate in the program if any of the following apply:
(1)
At the time the holder’s request to enroll is received by the Controller, the holder is the subject of an examination of records or has received notification from the Controller of an impending examination under Section 1571.
(2)
At the time the holder’s request to enroll is received by the Controller, the holder is the subject of a civil or criminal prosecution involving compliance with this chapter.
(3)
The Controller has notified the holder of an interest assessment under Section 1577 within the previous five years, and the interest assessment remains unpaid at the time of the holder’s request to enroll.
A holder subject to an outstanding interest assessment may file or refile a request to enroll in the program after resolving the outstanding interest assessment.
(4)
The Controller has waived interest assessed against the holder under this section within the previous five years. Notwithstanding the foregoing, if a holder acquired or merged with another entity within the five-year period, the holder may request to enroll in the program for the purpose of resolving unclaimed property that may be due and owing to the state as a result of the acquisition or merger.
(e)
The Controller shall waive interest
assessed under Section 1577 for a holder enrolled in the program if the holder does all the following within the prescribed timeframes and satisfies the other requirements of this section:
(1)
Enrolls and participates in an unclaimed property educational training program provided by the Controller within three months after the date on which the Controller notified the holder of their enrollment in the program, unless the Controller sets a different date.
(2)
Reviews their books and records for unclaimed property for at least the previous 10 years, starting from June 30 or the fiscal yearend preceding the date on which the
report required by paragraph (4) is due.
(3)
Makes reasonable efforts to notify owners of reportable property by mail or electronically, as applicable, pursuant to Sections 1513.5, 1514, 1516, or 1520, no less than 30 days prior to submitting the report required by paragraph (4).
(4)
Reports to the Controller as required by subdivisions (b), (c), and (e) of Section 1530 within six months after the date on which the Controller notified the holder of their enrollment in the program. Upon written request by the enrolled holder, the Controller may
postpone the reporting date for a period not to exceed 18 months after the date on which the Controller notified the holder of their enrollment in the program.
(5)
Submits to the Controller an updated report and pays or delivers to the Controller all escheated property specified in the report as required by Section 1532, no sooner than seven months and no later than seven months and 15 days after the Controller received the report submitted pursuant to paragraph (4).
(f)
The Controller may reinstate interest waived under subdivision (d) of Section 1577 if the holder does not pay or deliver all escheated property specified in the report submitted pursuant to and within the timeframe prescribed by paragraph (5) of subdivision (e).
(g)
The Controller may adopt guidelines and forms that provide specific procedures for the administration of the program.
(h)
This section shall become operative only upon an appropriation by the Legislature in the annual Budget Act for this purpose.

Legislative History

Repealed and added by Stats. 2022, Ch. 282, Sec. 4. (AB 2280) Effective January 1, 2023. Conditionally operative by its own provisions.