Date: January 14, 1969

To: State College Presidents

From: Raymond A. Rydell, Executive Vice Chancellor

Subject: Disposition of Lost Property, Executive Order No. 60

I am pleased to transmit a copy of Executive Order No. 60, which designates and authorizes State College Presidents to provide for the care, restitution, sale or destruction of unclaimed, lost or abandoned property.  Attached for your reference is a copy of Civil Code Section 2080.9 and Title 5, California Administrative Code Sections 42375 and 42376.

RAR/pz
Attachment
Distribution: Chancellor's Office Staff

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This Executive order is issued pursuant to Section 42375 of Title 5 of the California Administrative Code.

Each California State College President is, by this Executive Order, designated and authorized to provide for the care, restitution, sale or destruction of unclaimed, lost or abandoned property in the possession of his State College, in accordance with Sections 42375 and 42376 of Title 5 of the California Administrative Code.

(Signed)
Glenn S, Dumke, Chancellor
January 14, 1969

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§ 2080.6 Public agency; adoption of regulations
Any public agency may elect to be governed by the provisions of this article with respect to disposition of personal property found or saved on property subject to its jurisdiction, or may adopt reasonable regulations for the care, restitution, sale or destruction of unclaimed property in its possession.  Any public agency adopting such regulations shall provide therein (1) that such unclaimed property shall be held by such agency for a period of at least three months, (2) that thereafter such property will be sold at public auction to the highest bidder, and (3) that notice of such sale shall be given by the chief administrative officer of such agency at least five days before the time fixed therefor by publication once in a newspaper of general circulation published in the county in which such property was found.  Any property remaining unsold after being offered at such public auction may be destroyed or otherwise disposed of by the public agency.  (Added Stats. 1967, c. 1512, p. 3601, § 3.)

Former section 2080.0 was repealed by
Stats. 1967, c. 1512, p. 3601, § 2.
See, now, section 2080.3.

§ 2080.7 Abandoned property
The provisions of this article have no application to things which have been intentionally abandoned by their owner. (Added Stats. 1067, c. 1512, p. 3601, § 3.)

Former section 2080.7 was repealed by
Stats. 1967, c. 1512, P. 3601, § 2.
See, now, section 2080.2.

1. Construction and application
Former section 1864 et seq. dealt only with things "lost" and had no application to things which had been intentionally abandoned by their owners, and hence were inapplicable in determining ownership of ring found by skin diver in sunken ancient vessel on ungranted tide and submerged lands within three-mile marginal belt off the coast.
28 Ops.Atty.Gen. 1.

§ 2080.8 University regents or police department
The Regents of the University of California may provide by resolution or regulation for the care, restitution, sale or destruction of unclaimed property in the possession of the Regents of the University of California or of the University of California Police Department.  Any resolution or regulation adopted pursuant to this Section shall provide therein (1) that such unclaimed property shall be held by the Regents of the University of California or the University of California Police Department for a period of at least six months, (2) that thereafter such property will be sold at public auction to the highest bidder, and (3) that notice of such sale shall be given by the Regents of the University of California or the University of California Police Department at least five days before the time therefor by publication once in a newspaper of general circulation published in the county in which such property is held.  The Regents of the University of California may dispose of any such property upon which no bid is made at any such sale. (Added Stats. 1967, c. 1512, p. 3601, § 3.)

Former section 2080.8 was repealed by
Stats. 1967, c. 1512, p. 3601, § 2.

Derivation: Former section 1874, added by
Stats. 1961, c. 816, p. 2094, § 1.

§ 2080.9 Trustees of state colleges
The Trustees of the California State Colleges may provide by resolution or regulation for the care, restitution, sale or destruction of unclaimed, lost or abandoned property in the possession of any state college.  Any resolution or regulation adopted pursuant to this section shall include therein (1) that such unclaimed or lost property shall be held by the particular state college for a period of at least six months, (2) that thereafter such property, as well as abandoned property, will be sold at public auction to the highest bidder, and (3) that notice of such sale shall be given by the Trustees of the California State Colleges at least five days before the time therefor by publication once in a newspaper of general circulation published in the county in which such property is held.  The Trustees of the California State Colleges may dispose of any such property upon which no bid is made at any such sale.  (Added Stats. 1967, c. 1512, p. 3601, § 3.)

Former section 2080.9 was repealed by
State. 1967, c. 1512, p. 3601, § 2.

Derivation: Former section 1875, added
by Stats. 1961, c. 766, p. 2154, § 1.

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Section 42375.  Care, Restitution, Sale or Destruction of Lost Property.

The Chancellor or his designee may provide for the care, restitution, sale or destruction of unclaimed, lost or abandoned property in the possession of any State College, in accordance with California Civil Code Section 2080.9.

Section 42376. Proceeds of Sale.

Money received by reason of a sale pursuant to Section 42375 shall be used for scholarships and loans to students enrolled at the State College at which such sale is held.  Criteria of eligibility and procedures for the award of such scholarships and loans shall be established by the State College at which the award is made.  While held pending the grant of a scholarship or loan, such money may be invested by the State Treasurer upon approval of the Chancellor or his designee, in those eligible securities listed in Section 16430 of the Government Code, in which event all interest or other earnings received pursuant to such investment shall also be used for such scholarships and loans.

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