Passed by the Senate April 22, 2003 YEAS 45   ________________________________________ President of the Senate Passed by the House April 17, 2003 YEAS 98   ________________________________________ Speaker of the House of Representatives | I, Milton H. Doumit, Jr., Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5737 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 | 58th Legislature | 2003 Regular Session |
READ FIRST TIME 03/10/03.
AN ACT Relating to reporting abandoned property; and amending RCW 63.29.170 and 63.29.180.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 63.29.170 and 1996 c 45 s 2 are each amended to read
as follows:
(1) A person holding property presumed abandoned and subject to
custody as unclaimed property under this chapter shall report to the
department concerning the property as provided in this section.
(2) The report must be verified and must include:
(a) Except with respect to travelers checks and money orders, the
name, if known, and last known address, if any, of each person
appearing from the records of the holder to be the owner of property
((of the)) with a value of ((twenty-five)) more than fifty dollars ((or
more)) presumed abandoned under this chapter;
(b) In the case of unclaimed funds of ((twenty-five)) more than
fifty dollars ((or more)) held or owing under any life or endowment
insurance policy or annuity contract, the full name and last known
address of the insured or annuitant and of the beneficiary according to
the records of the insurance company holding or owing the funds;
(c) In the case of the contents of a safe deposit box or other
safekeeping repository or in the case of other tangible property, a
description of the property and the place where it is held and where it
may be inspected by the department, and any amounts owing to the
holder;
(d) The nature and identifying number, if any, or description of
the property and the amount appearing from the records to be due, but
items ((of)) with a value ((under twenty-five)) of fifty dollars or
less each may be reported in the aggregate;
(e) The date the property became payable, demandable, or
returnable, and the date of the last transaction with the apparent
owner with respect to the property; and
(f) Other information the department prescribes by rule as
necessary for the administration of this chapter.
(3) If the person holding property presumed abandoned and subject
to custody as unclaimed property is a successor to other persons who
previously held the property for the apparent owner or the holder has
changed his or her name while holding the property, ((he)) the holder
shall file with ((his)) the report all known names and addresses of
each previous holder of the property.
(4) The report must be filed before November 1st of each year and
shall include all property presumed abandoned and subject to custody as
unclaimed property under this chapter that is in the holder's
possession as of the preceding June 30th. On written request by any
person required to file a report, the department may postpone the
reporting date.
(5) After May 1st, but before August 1st, of each year in which a
report is required by this section, the holder in possession of
property presumed abandoned and subject to custody as unclaimed
property under this chapter shall send written notice to the apparent
owner at ((his)) the last known address informing him or her that the
holder is in possession of property subject to this chapter if:
(((i))) (a) The holder has in its records an address for the
apparent owner which the holder's records do not disclose to be
inaccurate((,));
(((ii))) (b) The claim of the apparent owner is not barred by the
statute of limitations((,)); and
(((iii))) (c) The property has a value of ((seventy-five)) more
than seventy-five dollars ((or more)).
Sec. 2 RCW 63.29.180 and 1993 c 498 s 9 are each amended to read
as follows:
(1) The department shall cause a notice to be published not later
than ((September)) November 1st, immediately following the report
required by RCW 63.29.170 ((at least once a week for two consecutive
weeks)) in a newspaper of general circulation in the county of this
state in which is located the last known address of any person to be
named in the notice. If no address is listed or the address is outside
this state, the notice must be published in the county in which the
holder of the property has its principal place of business within this
state.
(2) The published notice must be entitled "Notice of Names of
Persons Appearing to be Owners of Abandoned Property" and contain:
(a) The names in alphabetical order and last known address, if any,
of persons listed in the report and entitled to notice within the
county as specified in subsection (1) of this section; and
(b) A statement that information concerning the property and the
name and last known address of the holder may be obtained by any person
possessing an interest in the property by addressing an inquiry to the
department.
(3) The department is not required to publish in the notice any
items of ((less than seventy-five)) seventy-five dollars or less unless
the department considers their publication to be in the public
interest.
(4) Not later than September 1st, immediately following the report
required by RCW 63.29.170, the department shall mail a notice to each
person whose last known address is listed in the report and who appears
to be entitled to property ((of the)) with a value of ((seventy-five))
more than seventy-five dollars ((or more)) presumed abandoned under
this chapter and any beneficiary of a life or endowment insurance
policy or annuity contract for whom the department has a last known
address.
(5) The mailed notice must contain:
(a) A statement that, according to a report filed with the
department, property is being held to which the addressee appears
entitled; and
(b) The name and last known address of the person holding the
property and any necessary information regarding the changes of name
and last known address of the holder.
(6) This section is not applicable to sums payable on travelers
checks, money orders, and other written instruments presumed abandoned
under RCW 63.29.040.