Passed by the Senate March 3, 2011 YEAS 45   ________________________________________ President of the Senate Passed by the House April 5, 2011 YEAS 95   ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5633 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 02/02/11. Referred to Committee on Agriculture & Rural Economic Development.
AN ACT Relating to exempting agricultural fair premiums from the unclaimed property act; and amending RCW 63.29.020.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 63.29.020 and 2010 c 29 s 1 are each amended to read
as follows:
(1) Except as otherwise provided by this chapter, all intangible
property, including any income or increment derived therefrom, less any
lawful charges, that is held, issued, or owing in the ordinary course
of the holder's business and has remained unclaimed by the owner for
more than three years after it became payable or distributable is
presumed abandoned.
(2) Property, with the exception of unredeemed Washington state
lottery tickets and unpresented winning parimutuel tickets, is payable
and distributable for the purpose of this chapter notwithstanding the
owner's failure to make demand or to present any instrument or document
required to receive payment.
(3) This chapter does not apply to claims drafts issued by
insurance companies representing offers to settle claims unliquidated
in amount or settled by subsequent drafts or other means.
(4) This chapter does not apply to property covered by chapter
63.26 RCW.
(5) This chapter does not apply to used clothing, umbrellas, bags,
luggage, or other used personal effects if such property is disposed of
by the holder as follows:
(a) In the case of personal effects of negligible value, the
property is destroyed; or
(b) The property is donated to a bona fide charity.
(6) This chapter does not apply to a gift certificate subject to
the prohibition against expiration dates under RCW 19.240.020 or to a
gift certificate subject to RCW 19.240.030 through 19.240.060.
However, this chapter applies to gift certificates presumed abandoned
under RCW 63.29.110.
(7) Except as provided in RCW 63.29.350, this chapter does not
apply to excess proceeds held by counties, cities, towns, and other
municipal or quasi-municipal corporations from foreclosures for
delinquent property taxes, assessments, or other liens.
(8)(a) This chapter does not apply to a premium paid by an
agricultural fair by check.
(b) For the purposes of this subsection the following definitions
apply:
(i) "Agricultural fair" means a fair or exhibition that is intended
to promote agriculture by including a balanced variety of exhibits of
livestock and agricultural products, as well as related manufactured
products and arts, including: Products of the farm home and
educational contests, displays, and demonstrations designed to train
youth and to promote the welfare of farmers and rural living; and
(ii) "Premium" means an amount paid for exhibits and educational
contests, displays, and demonstrations of an educational nature. A
"premium" does not include judges' fees and expenses; livestock sale
revenues; or prizes or amounts paid for promotion or entertainment
activities such as queen contests, parades, dances, rodeos, and races.