Allow for automatic return of certain unclaimed property

- 2025
69th Legislature 2025 HB 88
- 1 - Authorized Print Version – HB 88
ENROLLED BILL
AN ACT REVISING LAWS RELATED TO THE RETURN OF UNCLAIMED PROPERTY; PROVIDING
CONDITIONS FOR WHEN THE DEPARTMENT OF REVENUE MAY AUTOMATICALLY RETURN CERTAIN
UNCLAIMED PROPERTY TO ITS OWNER; AMENDING SECTION 70-9-815, MCA; AND PROVIDING AN
IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 70-9-815, MCA, is amended to read:
"70-9-815. Filing claim with administrator -- handling of claims by administrator -- exception.
(1) A Except as provided in subsection (5), a person, excluding another state, claiming property paid or
delivered to the administrator may file a claim on a form prescribed by the administrator and verified by the
claimant.
(2) Within 90 days after a claim is filed, the administrator shall allow or deny the claim and give
written notice of the decision to the claimant. If the claim is denied, the administrator shall inform the claimant of
the reasons for the denial and specify what additional evidence is required before the claim will be allowed. The
claimant may then file a new claim with the administrator or maintain an action under 70-9-816.
(3) Within 30 days after a claim is allowed, the property or the net proceeds of a sale of the
property must be delivered or paid by the administrator to the claimant, together with any dividend, interest, or
other increment to which the claimant is entitled under 70-9-812.
(4) A holder that pays the owner for property that has been delivered to the state and that, if
claimed from the administrator by the owner, would be subject to an increment under 70-9-812 may recover
from the administrator the amount of the increment.
(5) The administrator may waive the requirement in subsection (1) and may pay or deliver property
directly to a person if:
- 2025
69th Legislature 2025 HB 88
- 2 - Authorized Print Version – HB 88
ENROLLED BILL
(a) the person receiving the payment or property is shown to be the apparent owner included on a
report filed under this part;
(b) the administrator reasonably believes the person is entitled to receive the payment or property
and has validated the identity and address of the person receiving the payment or property; and
(c) the property has a value of $1,000 or less.
(6) If the administrator waives the requirement in subsection (1) and pays or delivers property
directly to a person under subsection (5), the administrator shall document and keep record:
(a) of the proof of ownership as provided in subsection (5)(a);
(b) of the proof of identity as provided in subsection (5)(b); and
(c) that the property was returned to the owner."
Section 2. Effective date. [This act] is effective on passage and approval.
- END -
I hereby certify that the within bill,
HB 88, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 88
INTRODUCED BY M. BERTOGLIO
BY REQUEST OF THE DEPARTMENT OF REVENUE
AN ACT REVISING LAWS RELATED TO THE RETURN OF UNCLAIMED PROPERTY; PROVIDING
CONDITIONS FOR WHEN THE DEPARTMENT OF REVENUE MAY AUTOMATICALLY RETURN CERTAIN
UNCLAIMED PROPERTY TO ITS OWNER; AMENDING SECTION 70-9-815, MCA; AND PROVIDING AN
IMMEDIATE EFFECTIVE DATE.