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SUBSTITUTE
HOUSE BILL 1166
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Passed
Legislature - 1997 Regular Session
State
of Washington 55th Legislature 1997 Regular Session
By
Read
first time 02/03/97.
Establishing procedures for handling found property.
AN
ACT Relating to property; and amending RCW 63.21.010 and 63.21.030.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
63.21.010 and 1979 ex.s. c 85 s 1 are each amended to read as follows:
(1)
Any person who finds property that is not unlawful to possess, the owner of
which is unknown, and who wishes to claim the found property, shall:
(((1)))
(a) Within seven days of the finding acquire a signed statement setting
forth an appraisal of the current market value of the property prepared by a
qualified person engaged in buying or selling like items or by a district court
judge, unless the found property is cash; and
(((2)))
(b) Within seven days report the find of property and surrender, if
requested, the property and a copy of the evidence of the value of the property
to the chief law enforcement officer, or his or her designated representative,
of the governmental entity where the property was found, and serve written
notice upon the officer of the finder's intent to claim the property if the
owner does not make out his or her right to it under this chapter((; and
(3)
Within thirty days of the finding cause notice of the finding to be published
at least once a week for two successive weeks in a newspaper of general
circulation in the county where the property was found)).
(2)
Within thirty days of the report the governmental entity shall cause notice of
the finding to be published at least once a week for two successive weeks in a
newspaper of general circulation in the county where the property was found,
unless the appraised value of the property is less than the cost of publishing
notice. If the value is less than the cost of publishing notice, the
governmental entity may cause notice to be posted or published in other media
or formats that do not incur expense to the governmental entity.
Sec.
2. RCW
63.21.030 and 1979 ex.s. c 85 s 3 are each amended to read as follows:
(1)
The found property shall be released to the finder and become the property of
the finder sixty days after the find was reported to the appropriate officer if
no owner has been found, or sixty days after the final disposition of any
judicial or other official proceeding involving the property, whichever is
later. The property shall be released only after the finder has presented
evidence of((:
(a)
Compliance with the publication requirement of this chapter; and
(b)
If the property is valued at more than twenty-five dollars,))
payment to the treasurer of the governmental entity handling the found
property, the amount of ((five)) ten dollars((, or ten percent
of the appraised value of the property, whichever is greater)) plus the
amount of the cost of publication of notice incurred by the government entity
pursuant to RCW 63.21.010, which amount shall be deposited in the general
fund of the governmental entity. If the appraised value of the property is
less than the cost of publication of notice of the finding, then the finder is
not required to pay any fee.
(2)
When ninety days have passed after the found property was reported to the
appropriate officer, or ninety days after the final disposition of a judicial
or other proceeding involving the found property, and the finder has not
completed the requirements of this chapter, the finder's claim shall be deemed
to have expired and the found property may be disposed of as unclaimed property
under chapter 63.32 or 63.40 RCW. Such laws shall also apply whenever a finder
states in writing that he or she has no intention of claiming the found
property.
Passed the House February 19, 1997.
Passed the Senate April 7, 1997.
Approved by the Governor May
1, 1997.
Filed
in Office of Secretary of State May 1, 1997.
