Unclaimed property

AN ACT Relating to modifying provisions of the revised uniform 1
unclaimed property act by clarifying the abandonment period and 2
reporting procedures for prearrangement funeral service contracts 3
trusts, modifying holder reporting requirements, modifying owner 4
notification requirements, and making other changes not estimated to 5
impact revenue; amending RCW 18.39.370, 63.30.010, 63.30.040, 6
63.30.050, 63.30.090, 63.30.230, 63.30.240, 63.30.280, 63.30.300, 7
63.30.330, 63.30.340, 63.30.360, 63.30.410, 63.30.420, 63.30.460, 8
63.30.550, 63.30.650, 63.30.680, 63.30.690, 63.30.730, 63.30.740, 9
63.30.790, and 63.30.820; adding a new section to chapter 63.30 RCW; 10
creating new sections; repealing RCW 63.30.670; and providing an 11
effective date. 12
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:13
Sec. 1. RCW 18.39.370 and 1989 c 390 s 13 are each amended to 14
read as follows: 15
Any trust ((which)) created under this chapter that has not 16
matured or has not been refunded as provided in RCW 18.39.250 and for 17
which no beneficiary of the prearrangement funeral service contract 18
can be located ((fifty years after its creation shall )) within the 19
time specified by section 2 of this act must be ((considered 20
abandoned and will be handled in accordance with the escheat laws 21
Z-0217.1
SENATE BILL 5316
State of Washington 69th Legislature 2025 Regular Session
By Senators Harris, Hasegawa, Krishnadasan, and Nobles; by request of
Department of Revenue
Read first time 01/16/25. Referred to Committee on Ways & Means.
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of)) transferred to the state ((of Washington)) as unclaimed property 1
under chapter 63.30 RCW. 2
NEW SECTION. Sec. 2. A new section is added to chapter 63.30 3
RCW to read as follows: 4
(1) The proceeds of any prearrangement funeral service contract 5
for which money paid is required to be deposited in a trust, 6
including money required to be deposited in a trust under RCW 7
18.39.250, is presumed abandoned three years after the earlier of the 8
following: 9
(a) The date of death of the contract beneficiary.10
(i) The date of death of a contract beneficiary may be documented 11
through any source, including a declaration of death, a death 12
certificate, a comparison of the contract seller's records against 13
the United States social security administration death master file, 14
or other equivalent resource. 15
(ii) A funeral establishment may but is under no duty to compare 16
its records to the United States social security administration death 17
master file, or other equivalent resource; 18
(b) The date the contract beneficiary, if living, would have 19
attained the age of 107 years; 20
(c) 50 years from the date that the contract was executed.21
(2) For purposes of this section: 22
(a) The amount reportable for an abandoned prearrangement funeral 23
service contract is determined under the laws of the state where the 24
contract was executed. For contracts entered under the laws of this 25
state, the amount reportable for an abandoned prearrangement funeral 26
service contract is the trust balance, inclusive of accrued interest 27
or income, less any amounts authorized by law under RCW 18.39.250.28
(b) The apparent owner of an unclaimed prearrangement funeral 29
service contract is determined under the laws of the state where the 30
contract was executed. For contracts entered under the laws of this 31
state, the apparent owner is the contract purchaser, the contract 32
beneficiary, or the estate or heirs; however, with respect to an 33
irrevocable contract for which money paid was deposited into a trust 34
under RCW 18.39.250, the apparent owner is the department of social 35
and health services, office of financial recovery.36
(c)(i) "Contract beneficiary" means the person for whom the 37
prearrangement funeral service contract is purchased and will be the 38
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recipient of the funeral merchandise or services at the time of the 1
person's death. 2
(ii) "Contract purchaser" means the person who purchases the 3
prearrangement funeral service contract either on the person's behalf 4
or on behalf of the contract beneficiary. 5
(iii) "Funeral establishment" means a place of business licensed 6
in accordance with RCW 18.39.145 that provides for any aspect of the 7
care, shelter, transportation, embalming, preparation, and 8
arrangements for the disposition of human remains and includes all 9
areas of such entity and all equipment, instruments, and supplies 10
used in the care, shelter, transportation, preparation, and embalming 11
of human remains. 12
(iv) "Prearrangement funeral service contract" means any contract 13
under which, for a specified consideration, a funeral establishment 14
promises to furnish funeral merchandise or services upon the death of 15
the person named or implied in the contract. 16
Sec. 3. RCW 63.30.010 and 2022 c 225 s 102 are each amended to 17
read as follows: 18
The definitions in this section apply throughout this chapter 19
unless the context clearly requires otherwise. 20
(1) "Administrator" means the department of revenue established 21
under RCW 82.01.050. 22
(2) "Administrator's agent" means a person with which the 23
administrator contracts to conduct an examination under RCW 63.30.570 24
through 63.30.690 on behalf of the administrator. The term includes 25
an independent contractor of the person and each individual 26
participating in the examination on behalf of the person or 27
contractor. 28
(3) "Apparent owner" means a person whose name appears on the 29
records of a holder as the owner of property held, issued, or owing 30
by the holder. 31
(4) "Business association" means a corporation, joint stock 32
company, investment company other than an investment company 33
registered under the investment company act of 1940, as amended, 15 34
U.S.C. Secs. 80a-1 through 80a-64, partnership, unincorporated 35
association, joint venture, limited liability company, business 36
trust, trust company, land bank, safe deposit company, safekeeping 37
depository, financial organization, insurance company, federally 38
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chartered entity, utility, sole proprietorship, or other business 1
entity, whether or not for profit. 2
(5) "Confidential information" means records, reports, and 3
information that are confidential under RCW 63.30.820.4
(6) "Domicile" means: 5
(a) For a corporation, the state of its incorporation;6
(b) For a business association whose formation requires a filing 7
with a state, other than a corporation, the state of the principal 8
place of business of such a business association, if formed under the 9
laws of a state other than the state in which its principal place of 10
business is located, unless determined to be otherwise by a court of 11
competent jurisdiction; 12
(c) For a federally chartered entity or an investment company 13
registered under the investment company act of 1940, as amended, 15 14
U.S.C. Secs. 80a-1 through 80a-64, the state of its home office; and15
(d) For any other holder, the state of its principal place of 16
business. 17
(7) "Electronic" means relating to technology having electrical, 18
digital, magnetic, wireless, optical, electromagnetic, or similar 19
capabilities. 20
(8) "Email" means a communication by electronic means which is 21
automatically retained and stored and may be readily accessed or 22
retrieved. 23
(9) "Financial organization" means a savings and loan 24
association, building and loan association, savings bank, industrial 25
bank, bank, banking organization, or credit union.26
(10) "Game-related digital content" means digital content that 27
exists only in an electronic game or electronic game platform. The 28
term: 29
(a) Includes: 30
(i) Game-play currency such as a virtual wallet, even if 31
denominated in United States currency; and 32
(ii) The following if for use or redemption only within the game 33
or platform or another electronic game or electronic game platform:34
(A) Points sometimes referred to as gems, tokens, gold, and 35
similar names; and 36
(B) Digital codes; and 37
(b) Does not include an item that the issuer: 38
(i) Permits to be redeemed for use outside a game or platform 39
for: 40
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(A) Money; or 1
(B) Goods or services that have more than minimal value; or2
(ii) Otherwise monetizes for use outside a game or platform.3
(11) "Gift certificate" means a record described in RCW 4
19.240.010, and includes both gift cards and gift certificates, 5
including both tangible instruments and electronic records.6
(12) "Holder" means a person obligated to hold for the account 7
of, or to deliver or pay to, the owner, property subject to this 8
chapter. 9
(13) "Insurance company" means an association, corporation, or 10
fraternal or mutual benefit organization, whether or not for profit, 11
engaged in the business of providing life endowments, annuities, or 12
insurance, including accident, burial, casualty, credit life, 13
contract performance, dental, disability, fidelity, fire, health, 14
hospitalization, illness, life, malpractice, marine, mortgage, 15
surety, wage protection, and ((worker compensation )) industrial 16
insurance. The term does not include governmental agencies that 17
provide industrial insurance.18
(14) "Internal revenue code" means the United States internal 19
revenue code of 1986, as amended, as of January 1, 2023, or such 20
subsequent date as the department of revenue may provide by rule 21
consistent with the purpose of this chapter unless the context 22
clearly indicates otherwise.23
(15) "Loyalty card" means a record given without direct monetary 24
consideration under an award, reward, benefit, loyalty, incentive, 25
rebate, or promotional program, which may be used or redeemed only to 26
obtain goods or services or a discount on goods or services. The term 27
does not include a record that may be redeemed for money or otherwise 28
monetized by the issuer. 29
(((15))) (16) "Mineral" means gas, oil, coal, oil shale, other 30
gaseous liquid or solid hydrocarbon, cement material, sand and 31
gravel, road material, building stone, chemical raw material, 32
gemstone, fissionable and nonfissionable ores, colloidal and other 33
clay, steam and other geothermal resources, and any other substance 34
defined as a mineral by law of this state other than this chapter.35
(((16))) (17) "Mineral proceeds" means an amount payable for 36
extraction, production, or sale of minerals, or, on the abandonment 37
of the amount, an amount that becomes payable after abandonment. The 38
term includes an amount payable: 39
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(a) For the acquisition and retention of a mineral lease, 1
including a bonus, royalty, compensatory royalty, shut-in royalty, 2
minimum royalty, and delay rental; 3
(b) For the extraction, production, or sale of minerals, 4
including a net revenue interest, royalty, overriding royalty, 5
extraction payment, and production payment; and 6
(c) Under an agreement or option, including a joint operating 7
agreement, unit agreement, pooling agreement, and farm-out agreement.8
(((17))) (18) "Money order" means a payment order for a specified 9
amount of money. The term includes an express money order and a 10
personal money order on which the remitter is the purchaser.11
(((18))) (19) "Municipal bond" means a bond or evidence of 12
indebtedness issued by a municipality or other political subdivision 13
of a state. 14
(((19))) (20) "Net card value" means the original purchase price 15
or original issued value of a stored value card, plus amounts added 16
to the original price or value, minus amounts used and any service 17
charge, fee, or dormancy charge permitted by law. 18
(((20))) (21) "Nonfreely transferable security" means a security 19
that cannot be delivered to the administrator by the depository trust 20
clearing corporation or similar custodian of securities providing 21
posttrade clearing and settlement services to financial markets or 22
cannot be delivered because there is no agent to effect transfer. The 23
term includes a worthless security. 24
(((21))) (22) "Owner" means a person that has a legal, 25
beneficial, or equitable interest in property subject to this chapter 26
or the person's legal representative when acting on behalf of the 27
owner. The term includes: 28
(a) A depositor, for a deposit; 29
(b) A beneficiary, for a trust other than a deposit in trust;30
(c) A creditor, claimant, or payee, for other property; and31
(d) The lawful bearer of a record that may be used to obtain 32
money, a reward, or a thing of value. 33
(((22))) (23) "Payroll card" means a record that evidences a 34
payroll card account as defined in Regulation E, 12 C.F.R. Part 1005, 35
as it existed on January 1, 2023. 36
(((23))) (24) "Person" means an individual, estate, business 37
association, public corporation, government or governmental 38
subdivision, agency, or instrumentality, or other legal entity.39
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(((24))) (25) "Property" means tangible property described in RCW 1
63.30.080 or a fixed and certain interest in intangible property 2
held, issued, or owed in the course of a holder's business or by a 3
government, governmental subdivision, agency, or instrumentality. The 4
term: 5
(a) Includes all income from or increments to the property;6
(b) Includes property referred to as or evidenced by:7
(i) Money, virtual currency, interest, or a dividend, check, 8
draft, deposit, or payroll card; 9
(ii) A credit balance, customer's overpayment, stored value card, 10
security deposit, refund, credit memorandum, unpaid wage, unused 11
ticket for which the issuer has an obligation to provide a refund, 12
mineral proceeds, or unidentified remittance; 13
(iii) A security except for: 14
(A) A worthless security; or 15
(B) A security that is subject to a lien, legal hold, or 16
restriction evidenced on the records of the holder or imposed by 17
operation of law, if the lien, legal hold, or restriction restricts 18
the holder's or owner's ability to receive, transfer, sell, or 19
otherwise negotiate the security; 20
(iv) A bond, debenture, note, or other evidence of indebtedness;21
(v) Money deposited to redeem a security, make a distribution, or 22
pay a dividend; 23
(vi) An amount due and payable under an annuity contract or 24
insurance policy; and 25
(vii) An amount distributable from a trust or custodial fund 26
established under a plan to provide health, welfare, pension, 27
vacation, severance, retirement, death, stock purchase, profit-28
sharing, employee savings, supplemental unemployment insurance, or a 29
similar benefit; and 30
(c) Does not include: 31
(i) Property held in a plan described in ((section)) Title 26 32
U.S.C. Sec. 529A of the internal revenue code ((, as it existed on 33
January 1, 2023, 26 U.S.C. Sec. 529A)); 34
(ii) Game-related digital content; 35
(iii) A loyalty card; 36
(iv) A gift certificate complying with chapter 19.240 RCW;37
(v) Store credit for returned merchandise; and38
(vi) A premium paid by an agricultural fair by check. For the 39
purposes of this subsection, the following definitions apply:40
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(A) "Agricultural fair" means a fair or exhibition that is 1
intended to promote agriculture by including a balanced variety of 2
exhibits of livestock and agricultural products, as well as related 3
manufactured products and arts, including products of the farm home 4
and educational contests, displays, and demonstrations designed to 5
train youth and to promote the welfare of farmers and rural living; 6
and 7
(B) "Premium" means an amount paid for exhibits and educational 8
contests, displays, and demonstrations of an educational nature. A 9
"premium" does not include judges' fees and expenses; livestock sale 10
revenues; or prizes or amounts paid for promotion or entertainment 11
activities such as queen contests, parades, dances, rodeos, and 12
races. 13
(((25))) (26) "Putative holder" means a person believed by the 14
administrator to be a holder, until the person pays or delivers to 15
the administrator property subject to this chapter or the 16
administrator or a court makes a final determination that the person 17
is or is not a holder. 18
(((26))) (27) "Record" means information that is inscribed on a 19
tangible medium or that is stored in an electronic or other medium 20
and is retrievable in perceivable form. 21
(((27))) (28) "Security" means: 22
(a) A security as defined in RCW 62A.8-102; 23
(b) A security entitlement as defined in RCW 62A.8-102, including 24
a customer security account held by a registered broker-dealer, to 25
the extent the financial assets held in the security account are not:26
(i) Registered on the books of the issuer in the name of the 27
person for which the broker-dealer holds the assets;28
(ii) Payable to the order of the person; or 29
(iii) Specifically indorsed to the person; or 30
(c) An equity interest in a business association not included in 31
(a) or (b) of this subsection. 32
(((28))) (29) "Sign" means, with present intent to authenticate 33
or adopt a record: 34
(a) To execute or adopt a tangible symbol; or 35
(b) To attach to or logically associate with the record an 36
electronic symbol, sound, or process. 37
(((29))) (30) "State" means a state of the United States, the 38
District of Columbia, the Commonwealth of Puerto Rico, the United 39
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States Virgin Islands, or any territory or insular possession subject 1
to the jurisdiction of the United States. 2
(((30))) (31) "Stored value card" means a record evidencing a 3
promise made for consideration by the seller or issuer of the record 4
that goods, services, or money will be provided to the owner of the 5
record to the value or amount shown in the record. The term:6
(a) Includes: 7
(i) A record that contains or consists of a microprocessor chip, 8
magnetic strip, or other means for the storage of information, which 9
is prefunded and whose value or amount is decreased on each use and 10
increased by payment of additional consideration; and11
(ii) A payroll card; and 12
(b) Does not include a loyalty card, gift certificate, or game-13
related digital content. 14
(((31))) (32) "Utility" means a person that owns or operates for 15
public use a plant, equipment, real property, franchise, or license 16
for the following public services: 17
(a) Transmission of communications or information;18
(b) Production, storage, transmission, sale, delivery, or 19
furnishing of electricity, water, steam, or gas; or20
(c) Provision of sewage or septic services, or trash, garbage, or 21
recycling disposal. 22
(((32))) (33) "Virtual currency" means ((a)) any type of digital 23
((representation of value)) unit, including cryptocurrency, used as a 24
medium of exchange, unit of account, or store of value, which does 25
not have legal tender status recognized by the United States. The 26
term does not include: 27
(a) The software or protocols governing the transfer of the 28
digital representation of value; 29
(b) Game-related digital content; or 30
(c) A loyalty card or gift certificate. 31
(((33))) (34) "Worthless security" means a security whose cost of 32
liquidation and delivery to the administrator would exceed the value 33
of the security on the date a report is due under this chapter.34
Sec. 4. RCW 63.30.040 and 2023 c 258 s 8 are each amended to 35
read as follows: 36
Subject to RCW 63.30.120, the following property is presumed 37
abandoned if it is unclaimed by the apparent owner during the period 38
specified below: 39
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(1) A traveler's check, 15 years after issuance;1
(2) A money order, five years after issuance; 2
(3) A state or municipal bond, bearer bond, or original issue 3
discount bond, not held by a government entity or governmental 4
subdivision, agency, or instrumentality, three years after the 5
earliest of the date the bond matures or is called or the obligation 6
to pay the principal of the bond arises; 7
(4) A debt of a business association, three years after the 8
obligation to pay arises; 9
(5) A demand, savings, or time deposit, including a deposit that 10
is automatically renewable, three years after the later of maturity, 11
if applicable, of the deposit or the owner's last indication of 12
interest in the deposit, except a deposit that is automatically 13
renewable is deemed matured on its initial date of maturity unless 14
the apparent owner consented in a record on file with the holder to 15
renewal at or about the time of the renewal; 16
(6) Money or a credit owed to a customer as a result of a retail 17
business transaction, three years after the obligation arose;18
(7) An amount owed by an insurance company on a life or endowment 19
insurance policy or an annuity contract that has matured or 20
terminated, three years after the obligation to pay arose under the 21
terms of the policy or contract or, if a policy or contract for which 22
an amount is owed on proof of death has not matured by proof of the 23
death of the insured or annuitant, as follows: 24
(a) With respect to an amount owed on a life or endowment 25
insurance policy, three years after the earlier of the date:26
(i) The insurance company has knowledge of the death of the 27
insured; or 28
(ii) The insured has attained, or would have attained if living, 29
the limiting age under the mortality table on which the reserve for 30
the policy is based; and 31
(b) With respect to an amount owed on an annuity contract, three 32
years after the date the insurance company has knowledge of the death 33
of the annuitant; 34
(8) Property distributable by a business association in the 35
course of dissolution, one year after the property becomes 36
distributable; 37
(9) Property held by a court, including property received as 38
proceeds of a class action, one year after the property becomes 39
distributable; 40
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(10) Property held by a government or governmental subdivision, 1
agency, or instrumentality, including municipal bond interest and 2
unredeemed principal under the administration of a paying agent or 3
indenture trustee, one year after the property becomes distributable;4
(11) Wages, commissions, or bonuses((, or reimbursements )) to 5
which an employee is entitled, or other compensation for personal 6
services, one year after the amount becomes payable;7
(12) A deposit or refund owed to a subscriber by a utility, one 8
year after the deposit or refund becomes payable; 9
(13) Payroll card, one year after the amount becomes payable;10
(14) Excess proceeds from the sale of property by an owner of a 11
self-service storage facility conducted pursuant to RCW 19.150.080, 12
((six months)) one year from the date of sale; 13
(15) Excess income from the sale of tenant property by a landlord 14
conducted pursuant to RCW 59.18.312 and 59.18.595, one year from the 15
date of the sale; 16
(16) Excess funds from the sale of an abandoned vessel by an 17
operator of a private moorage facility conducted pursuant to RCW 18
88.26.020, one year from the date of the sale; ((and))19
(17) A gift certificate issued with an expiration date, three 20
years after the amount becomes payable or distributable; and21
(18) Property not specified in this section or RCW 63.30.050 22
through 63.30.100, the earlier of three years after the owner first 23
has a right to demand the property or the obligation to pay or 24
distribute the property arises. 25
Sec. 5. RCW 63.30.050 and 2022 c 225 s 202 are each amended to 26
read as follows: 27
(1) Subject to RCW 63.30.120, property held in a pension account 28
or retirement account that qualifies for tax deferral under the 29
income tax laws of the United States is presumed abandoned if it is 30
unclaimed by the apparent owner three years after the later of:31
(a) The following dates: 32
(i) Except as in (a)(ii) of this subsection, the date a second 33
consecutive communication sent by the holder by first-class United 34
States mail to the apparent owner is returned to the holder 35
undelivered by the United States postal service; or36
(ii) If the second communication is sent later than 30 days after 37
the date the first communication is returned undelivered, the date 38
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the first communication was returned undelivered by the United States 1
postal service; or 2
(b) The earlier of the following dates if the apparent owner is 3
required to take a distribution to avoid a tax penalty:4
(i) The date the apparent owner ((becomes 72 years of age )) 5
reaches the required minimum distribution age to avoid a tax penalty 6
under Title 26 U.S.C. Sec. 4974 of the internal revenue code , if 7
determinable by the holder; or 8
(ii) ((If the internal revenue code, as it existed on January 1, 9
2023, 26 U.S.C. Sec. 1 et seq., requires distribution to avoid a tax 10
penalty, two)) Two years after the date the holder:11
(A) Receives confirmation of the death of the apparent owner in 12
the ordinary course of its business; or 13
(B) Confirms the death of the apparent owner under subsection (2) 14
of this section. 15
(2) If a holder in the ordinary course of its business receives 16
notice or an indication of the death of an apparent owner and 17
subsection (1)(b) of this section applies, the holder ((shall)) must 18
attempt not later than 90 days after receipt of the notice or 19
indication to confirm whether the apparent owner is deceased.20
(3) If the holder does not send communications to the apparent 21
owner of an account described in subsection (1) of this section by 22
first-class United States mail, the holder ((shall)) must attempt to 23
confirm the apparent owner's interest in the property by sending the 24
apparent owner an email communication not later than two years after 25
the apparent owner's last indication of interest in the property. 26
However, the holder promptly ((shall)) must attempt to contact the 27
apparent owner by first-class United States mail if:28
(a) The holder does not have information needed to send the 29
apparent owner an email communication or the holder believes that the 30
apparent owner's email address in the holder's records is not valid;31
(b) The holder receives notification that the email communication 32
was not received; or 33
(c) The apparent owner does not respond to the email 34
communication not later than 30 days after the communication was 35
sent. 36
(4) If first-class United States mail sent under subsection (3) 37
of this section is returned to the holder undelivered by the United 38
States postal service, the property is presumed abandoned three years 39
after the later of: 40
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(a) Except as in (b) of this subsection, the date a second 1
consecutive communication to contact the apparent owner sent by 2
first-class United States mail is returned to the holder undelivered;3
(b) If the second communication is sent later than 30 days after 4
the date the first communication is returned undelivered, the date 5
the first communication was returned undelivered; or6
(c) The date established by subsection (1)(b) of this section.7
(5) This section does not apply to property held in a pension 8
account or retirement account established by the state of Washington 9
or any local governmental entity under chapter 41.28 RCW.10
Sec. 6. RCW 63.30.090 and 2022 c 225 s 206 are each amended to 11
read as follows: 12
(1) Subject to RCW 63.30.120, the net card value of a stored 13
value card, other than a payroll card, is presumed abandoned on the 14
latest of three years after: 15
(a) ((December 31st of the year in which the )) The card is issued 16
or additional funds are deposited into it; 17
(b) The most recent indication of interest in the card by the 18
apparent owner; or 19
(c) A verification or review of the balance by or on behalf of 20
the apparent owner. 21
(2) The amount presumed abandoned in a stored value card is the 22
net card value at the time it is presumed abandoned.23
Sec. 7. RCW 63.30.230 and 2022 c 225 s 402 are each amended to 24
read as follows: 25
(1) The report required under RCW 63.30.220 must:26
(a) Be signed by or on behalf of the holder and verified as to 27
its completeness and accuracy; 28
(b) If filed electronically, be in a secure format approved by 29
the administrator which protects confidential information of the 30
apparent owner in the same manner as required of the administrator 31
and the administrator's agent under RCW 63.30.810 through 63.30.880;32
(c) Describe the property; 33
(d) Except for a traveler's check, money order, or similar 34
instrument, contain the name, if known, last known address, if known, 35
and social security number or taxpayer identification number, if 36
known or readily ascertainable, of the apparent owner of property 37
with a value of (($50)) $5 or more; 38
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(e) For an amount held or owing under a life or endowment 1
insurance policy or annuity contract, contain the name and last known 2
address of the insured, annuitant, or other apparent owner of the 3
policy or contract and of the beneficiary; 4
(f) For property held in or removed from a safe deposit box, 5
indicate the location of the property, where it may be inspected by 6
the administrator, and any amounts owed to the holder under RCW 7
63.30.370; 8
(g) Contain the commencement date for determining abandonment 9
under RCW 63.30.040 through 63.30.140; 10
(h) State that the holder has complied with the notice 11
requirements of RCW 63.30.280; and12
(i) ((Identify property that is a nonfreely transferable security 13
and explain why it is a nonfreely transferable security; and14
(j))) Contain other information the administrator prescribes by 15
rules. 16
(2) A report under RCW 63.30.220 may include in the aggregate 17
items valued under (($50)) $5 each. If the report includes items in 18
the aggregate valued under (($50)) $5 each, the administrator may not 19
require the holder to provide the name and address of an apparent 20
owner of an item unless the information is necessary to verify or 21
process a claim in progress by the apparent owner.22
(3) A report under RCW 63.30.220 may include personal information 23
as defined in RCW 63.30.810(1) about the apparent owner or the 24
apparent owner's property to the extent not otherwise prohibited by 25
federal law. 26
(4) If a holder has changed its name while holding property 27
presumed abandoned or is a successor to another person that 28
previously held the property for the apparent owner, the holder must 29
include in the report under RCW 63.30.220 its former name or the name 30
of the previous holder, if any, and the known name and address of 31
each previous holder of the property. 32
Sec. 8. RCW 63.30.240 and 2022 c 225 s 403 are each amended to 33
read as follows: 34
(1) Except as otherwise provided in subsection (2) of this 35
section and subject to subsection (3) of this section, the report 36
under RCW 63.30.220 must be filed and paid on or before ((November 37
1st)) October 31st of each year and cover the 12 months preceding 38
July 1st of that year. 39
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(2) Subject to subsection (3) of this section, the report under 1
RCW 63.30.220 to be filed by an insurance company must be filed and 2
paid on or before ((May 1st )) April 30th of each year for the 3
immediately preceding calendar year. 4
(3) Before the date for filing the report under RCW 63.30.220, 5
the holder of property presumed abandoned may request the 6
administrator to extend the time for filing. The administrator may 7
grant an extension. If the extension is granted, the holder may pay 8
or make a partial payment of the amount the holder estimates 9
ultimately will be due. The payment or partial payment terminates 10
accrual of interest on the amount paid. 11
Sec. 9. RCW 63.30.280 and 2022 c 225 s 501 are each amended to 12
read as follows: 13
(1) Subject to subsection (2) of this section, the holder of 14
property presumed abandoned ((shall)) must send to the apparent owner 15
notice by first-class United States mail that complies with RCW 16
63.30.290 in a format acceptable to the administrator not more than 17
180 days nor less than 60 days before filing the report under RCW 18
63.30.220 if: 19
(a) The holder has in its records an address for the apparent 20
owner which the holder's records do not disclose to be invalid and is 21
sufficient to direct the delivery of first-class United States mail 22
to the apparent owner; and 23
(b) The value of the property is (($75)) $50 or more.24
(2) If an apparent owner has consented to receive email delivery 25
from the holder, the holder ((shall)) must send the notice described 26
in subsection (1) of this section both by first-class United States 27
mail to the apparent owner's last known mailing address and by email, 28
unless the holder believes that the apparent owner's email address is 29
invalid. 30
Sec. 10. RCW 63.30.300 and 2022 c 225 s 503 are each amended to 31
read as follows: 32
(1) The administrator ((shall)) must give notice to an apparent 33
owner that property presumed abandoned and appears to be owned by the 34
apparent owner is held by the administrator under this chapter.35
(2) In providing notice under subsection (1) of this section, the 36
administrator ((shall)) must: 37
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(a) Except as otherwise provided in (b) of this subsection, send 1
written notice by first-class United States mail to each apparent 2
owner of property valued at (($75)) $50 or more held by the 3
administrator, unless the administrator determines that a mailing by 4
first-class United States mail would not be received by the apparent 5
owner, and, in the case of a security held in an account for which 6
the apparent owner had consented to receiving email from the holder, 7
send notice by email if the email address of the apparent owner is 8
known to the administrator instead of by first-class United States 9
mail; or 10
(b) Send the notice to the apparent owner's email address if the 11
administrator does not have a valid United States mail address for an 12
apparent owner, but has an email address that the administrator does 13
not know to be invalid. 14
(3) In addition to the notice under subsection (2) of this 15
section, the administrator ((shall)) must: 16
(a) Publish every 12 months in the printed or online version of a 17
newspaper of general circulation within this state, which the 18
administrator determines is most likely to give notice to the 19
apparent owner of the property, notice of property held by the 20
administrator which must include: 21
(i) The total value of property received by the administrator 22
during the preceding 12-month period, taken from the reports under 23
RCW 63.30.220; 24
(ii) The total value of claims paid by the administrator during 25
the preceding 12-month period; 26
(iii) The internet web address of the unclaimed property website 27
maintained by the administrator; 28
(iv) A telephone number and email address to contact the 29
administrator to inquire about or claim property; and30
(v) A statement that a person may access the internet by a 31
computer to search for unclaimed property and a computer may be 32
available as a service to the public at a local public library; and33
(b) Maintain a website or database accessible by the public and 34
electronically searchable which contains the names reported to the 35
administrator of all apparent owners for whom property is being held 36
by the administrator. 37
(4) The website or database maintained under subsection (3)(b) of 38
this section must include instructions for filing with the 39
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administrator a claim to property and a printable claim form with 1
instructions for its use. 2
(5) In addition to giving notice under subsection (2) of this 3
section, publishing the information under subsection (3)(a) of this 4
section and maintaining the website or database under subsection 5
(3)(b) of this section, the administrator may use other printed 6
publication, telecommunications, the internet, or other media to 7
inform the public of the existence of unclaimed property held by the 8
administrator. 9
Sec. 11. RCW 63.30.330 and 2022 c 225 s 602 are each amended to 10
read as follows: 11
(1) A holder may deduct a dormancy charge from property required 12
to be paid or delivered to the administrator if: 13
(a) A valid contract between the holder and the apparent owner 14
authorizes imposition of the charge for the apparent owner's failure 15
to claim the property within a specified time; ((and))16
(b) The holder regularly imposes the charge and regularly does 17
not reverse or otherwise cancel the charge; and18
(c) The holder notifies the apparent owner three months before 19
ceasing interest payments or charging dormancy fees.20
(2) The amount of the deduction under subsection (1) of this 21
section is limited to an amount that is not unconscionable 22
considering all relevant factors, including the marginal 23
transactional costs incurred by the holder in maintaining the 24
apparent owner's property and any services received by the apparent 25
owner. A deduction of $10 a year for maintaining property valued at 26
$50 or less, or $20 per year for maintaining property valued at more 27
than $50, or other amounts established by the administrator by rule, 28
is not unconscionable. However, if permitted under subsection (1) of 29
this section, a higher charge may be appropriate considering all 30
relevant factors.31
Sec. 12. RCW 63.30.340 and 2022 c 225 s 603 are each amended to 32
read as follows: 33
(1)(a) Except as otherwise provided in this section, on filing a 34
report under RCW 63.30.220, the holder ((shall)) must pay or deliver 35
to the administrator the property described in the report. Holders 36
who are required to file a report electronically under this chapter 37
must remit payments under this section by electronic funds transfer 38
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or other form of electronic payment acceptable to the administrator. 1
However, the administrator, upon request or its own initiative, may 2
relieve any holder or class of holders from the electronic payment 3
requirement under this subsection for good cause as determined by the 4
administrator. 5
(b) For purposes of this subsection, "good cause" means:6
(i) A circumstance or condition exists that, in the 7
administrator's judgment, prevents the holder from remitting payments 8
due under this section electronically; or 9
(ii) The administrator determines that relief from the electronic 10
payment requirement under this subsection supports the efficient or 11
effective administration of this chapter. 12
(2) If property in a report under RCW 63.30.220 is an 13
automatically renewable deposit and a penalty or forfeiture in the 14
payment of interest would result from paying the deposit to the 15
administrator at the time of the report, the date for payment of the 16
property to the administrator is extended until a penalty or 17
forfeiture no longer would result from payment, if the holder informs 18
the administrator of the extended date. 19
(3) ((Tangible property in a safe deposit box may not be 20
delivered to the administrator until 180 days after filing the report 21
under RCW 63.30.220.22
(4))) If property reported to the administrator under RCW 23
63.30.220 is a security, the administrator may: 24
(a) Make an endorsement, instruction, or entitlement order on 25
behalf of the apparent owner to invoke the duty of the issuer, its 26
transfer agent, or the securities intermediary to transfer the 27
security; or 28
(b) Dispose of the security under RCW 63.30.430.29
(((5))) (4) If the holder of that property reported to the 30
administrator under RCW 63.30.220 is the issuer of a certificated 31
security, the administrator may obtain a replacement certificate in 32
physical or book-entry form under RCW 62A.8-405. An indemnity bond is 33
not required. 34
(((6))) (5) The administrator ((shall)) must establish procedures 35
for the registration, issuance, method of delivery, transfer, and 36
maintenance of securities delivered to the administrator by a holder.37
(((7))) (6) An issuer, holder, and transfer agent or other person 38
acting under this section under instructions of and on behalf of the 39
issuer or holder is not liable to the apparent owner for, and must be 40
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indemnified by the state against, a claim arising with respect to 1
property after the property has been delivered to the administrator.2
(((8))) (7) A holder is not required to deliver to the 3
administrator a security identified by the holder as a nonfreely 4
transferable security. If the administrator or holder determines that 5
a security is no longer a nonfreely transferable security, the holder 6
((shall)) must deliver the security on the next regular date 7
prescribed for delivery of securities under this chapter. The holder 8
((shall)) must make a determination annually whether a security 9
identified in a report filed under RCW 63.30.220 as a nonfreely 10
transferable security is no longer a nonfreely transferable security.11
(8) If the property reported to the administrator is virtual 12
currency, the holder must liquidate the virtual currency within 30 13
days before filing the report under RCW 63.30.220. The report and 14
liquidated proceeds must be submitted according to the due dates 15
under RCW 63.30.240. The owner will not have recourse against the 16
holder or the administrator to recover any gain in value after the 17
virtual currency's liquidation under this subsection.18
Sec. 13. RCW 63.30.360 and 2022 c 225 s 605 are each amended to 19
read as follows: 20
(1) A holder that under this chapter pays money to the 21
administrator may file a claim for ((reimbursement)) a refund from 22
the administrator of the amount paid if the holder:23
(a) Paid the money in error to the administrator; or24
(b) After paying the money to the administrator, paid money to a 25
person the holder reasonably believed was entitled to the money.26
(2) If a claim for ((reimbursement)) a refund under subsection 27
(1) of this section is made for a payment made on a negotiable 28
instrument, including a traveler's check, money order, or similar 29
instrument, the holder must submit proof that the instrument was 30
presented and the payment was made to a person the holder reasonably 31
believed was entitled to the payment. The holder may claim 32
((reimbursement)) a refund even if the payment was made to a person 33
whose claim was made after the expiration of a period of limitation 34
on the owner's right to receive or recover property, whether 35
specified by contract, statute, or court order. 36
(3) If a holder is ((reimbursed)) paid by the administrator under 37
subsection (1)(b) of this section, and the property was an interest-38
bearing demand, savings, or time deposit, the holder may also recover 39
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from the administrator ((income or gain )) interest under RCW 1
63.30.380 that would have been paid to the owner if the money had 2
been claimed from the administrator by the owner to the extent the 3
((income or gain)) interest was paid by the holder to the owner.4
(4) A holder that under this chapter delivers property other than 5
money to the administrator may file a claim for return of the 6
property from the administrator if: 7
(a) The holder delivered the property to the administrator in 8
error; or 9
(b) The apparent owner has claimed the property from the holder.10
(5) If a claim for return of property under subsection (4) of 11
this section is made, the holder ((shall)) must include with the 12
claim evidence sufficient to establish that the apparent owner has 13
claimed the property from the holder or that the property was 14
delivered by the holder to the administrator in error.15
(6) The administrator may determine that an affidavit submitted 16
by a holder is evidence sufficient to establish that the holder is 17
entitled to ((reimbursement)) a refund or to recover property under 18
this section. 19
(7) A holder is not required to pay a fee or other charge for 20
((reimbursement)) a refund or return of property under this section.21
(8) Not later than 90 days after a claim is filed under 22
subsection (1) or (4) of this section, the administrator ((shall)) 23
must allow or deny the claim and give the ((claimant)) holder notice 24
of the decision in a record. If the administrator does not take 25
action on a claim during the 90-day period, the claim is deemed 26
denied. 27
(9)(a) If, upon receipt of an application under this section for 28
a refund or return of property, or an examination conducted under RCW 29
63.30.580, it is determined by the administrator that any amount, 30
interest, or penalty has been paid in excess of what was properly due 31
under this chapter or that any property was delivered to the 32
administrator under this chapter in error, then except for amounts 33
delivered by the administrator to a claimant under RCW 63.30.540 and 34
63.30.550, the excess amount must be refunded to the holder, or the 35
property delivered in error returned to the holder, as the case may 36
be.37
(b)(i) Except as otherwise provided in this section, no refund or 38
return of property may be made for any amount or property paid or 39
delivered, or for any interest or penalty paid, more than six years 40
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after the end of the calendar year in which the payment or delivery 1
occurred. 2
(ii) The expiration of the limitations period in (b)(i) of this 3
subsection will not restrict a refund or the return of property if 4
the administrator received a complete application for such refund or 5
return of property before the expiration of such limitations period.6
(10) The execution of a written waiver signed by the holder and 7
the administrator will extend the time for making a refund of any 8
amounts paid, or a return of property delivered in error, during, or 9
attributable to, the years covered by the waiver if, before the 10
expiration of the waiver, a complete application for refund or return 11
of such amounts or property is made by the holder or the 12
administrator discovers a refund is due or a return of property under 13
this section is required.14
(11) For purposes of this section, an application for a refund or 15
return of property is complete if it includes information the 16
administrator deems sufficient to substantiate the holder's claim for 17
a refund or return of property. If the administrator receives an 18
incomplete application before the expiration of the limitations 19
period in subsection (9)(b)(i) of this section, the administrator 20
must provide the holder written notice of the deficiencies of 21
information in the application and grant the holder 90 days from the 22
date of such notice to provide sufficient documentation to 23
substantiate the holder's claim for a refund or return of property.24
(12) Interest as provided under RCW 82.32.050 (1)(c) and (2) must 25
be added to the amount of any refund allowed by the administrator or 26
any court. Interest must be computed from the date the administrator 27
received the excess payment until the date the refund is issued.28
(13) Decisions under this section are subject to review under RCW 29
63.30.730 and 63.30.740. 30
Sec. 14. RCW 63.30.410 and 2022 c 225 s 610 are each amended to 31
read as follows: 32
(1) Expiration, before, on, or after January 1, 2023, of a period 33
of limitation on an owner's right to receive or recover property, 34
whether specified by contract, statute, or court order, does not 35
prevent the property from being presumed abandoned or affect the duty 36
of a holder under this chapter to file a report or pay or deliver 37
property to the administrator. 38
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(2) ((The administrator may not commence an action or proceeding 1
to enforce this chapter with respect to the reporting, payment, or 2
delivery of property )) If a holder files a report meeting the 3
requirements under RCW 63.30.220, the administrator, absent a showing 4
of fraud, may not issue a determination of liability under RCW 5
63.30.680 more than six years after the holder filed ((a 6
nonfraudulent report under RCW 63.30.220 with the administrator)) the 7
report. The parties may agree in a record to extend the limitation in 8
this subsection. 9
(3) The administrator may not issue a determination of liability 10
under RCW 63.30.680 or otherwise commence an action, proceeding, or 11
examination with respect to a reporting obligation or other duty of a 12
holder under this chapter more than 10 years after the duty arose , 13
including circumstances where the holder:14
(a) Fails to file a report with the administrator;15
(b) Files an incomplete report with the administrator; or16
(c) Files a fraudulent report with the administrator.17
Sec. 15. RCW 63.30.420 and 2022 c 225 s 701 are each amended to 18
read as follows: 19
(1) Except as otherwise provided in RCW 63.30.430, the 20
administrator may sell the property (((a))) not earlier than two 21
years after receipt of property stored in a safe deposit box and 22
presumed abandoned ((; and (b) not earlier than three years after 23
receipt of all other property presumed abandoned)).24
(2) Before selling property under subsection (1) of this section, 25
the administrator ((shall)) must give notice to the public of:26
(a) The date of the sale; and 27
(b) A reasonable description of the property. 28
(3) A sale under subsection (1) of this section must be to the 29
highest bidder: 30
(a) At public sale at a location in this state which the 31
administrator determines to be the most favorable market for the 32
property; 33
(b) On the internet; or 34
(c) On another forum the administrator determines is likely to 35
yield the highest net proceeds of sale. 36
(4) The administrator may decline the highest bid at a sale under 37
this section and reoffer the property for sale if the administrator 38
determines the highest bid is insufficient. 39
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(5) The administrator must publish at least one notice of the 1
sale, at least three weeks but not more than five weeks before the 2
sale, in a newspaper of general circulation in the county in which 3
the property is sold. 4
Sec. 16. RCW 63.30.460 and 2022 c 225 s 705 are each amended to 5
read as follows: 6
(1) The administrator may not sell a medal or decoration awarded 7
for military service in the armed forces of the United States.8
(2) The administrator, with the consent of the respective 9
organization under (a) of this subsection, agency under (b) of this 10
subsection, or entity under (c) of this subsection, may deliver a 11
medal or decoration described in subsection (1) of this section to be 12
held in custody for the owner, to: 13
(a) A military veterans organization qualified under the internal 14
revenue code ((, as it existed on January 1, 2023, 26 U.S.C. Sec. 15
501(c)(19))); 16
(b) The agency that awarded the medal or decoration; or17
(c) A governmental entity. 18
(3) On delivery under subsection (2) of this section, the 19
administrator is not responsible for safekeeping the medal or 20
decoration. 21
Sec. 17. RCW 63.30.550 and 2022 c 225 s 905 are each amended to 22
read as follows: 23
(1) Not later than 30 days after a claim is allowed under RCW 24
63.30.540(2), the administrator ((shall)) must pay or deliver to the 25
owner the property or pay to the owner the net proceeds of a sale of 26
the property, together with income or gain to which the owner is 27
entitled under RCW 63.30.380. ((On request of the owner, the 28
administrator may sell or liquidate a security and pay the net 29
proceeds to the owner, even if the security had been held by the 30
administrator for less than three years or the administrator has not 31
complied with the notice requirements under RCW 63.30.430.))32
(2) Property held under this chapter by the administrator is 33
subject to a claim for the payment of an enforceable debt the owner 34
owes in this state for: 35
(a) Child support arrearages, including child support collection 36
costs and child support arrearages that are combined with 37
maintenance; 38
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(b) A civil or criminal fine or penalty, court costs, a 1
surcharge, or restitution imposed by a final order of an 2
administrative agency or a final court judgment; or3
(c) State or local taxes, penalties, and interest that have been 4
determined to be delinquent. 5
(3) Before delivery or payment to an owner under subsection (1) 6
of this section of property or payment to the owner of net proceeds 7
of a sale of the property, the administrator first ((shall)) must 8
apply the property or net proceeds to a debt under subsection (2) of 9
this section the administrator determines is owed by the owner. The 10
administrator ((shall)) must pay the amount to the appropriate state 11
or local agency and notify the owner of the payment.12
(4) The administrator may make periodic inquiries of state and 13
local agencies in the absence of a claim filed under RCW 63.30.530 to 14
determine whether an apparent owner included in the unclaimed 15
property records of this state has enforceable debts described in 16
subsection (2) of this section. The administrator first ((shall)) 17
must apply the property or net proceeds of a sale of property held by 18
the administrator to a debt under subsection (2) of this section of 19
an apparent owner which appears in the records of the administrator 20
and deliver the amount to the appropriate state or local agency. The 21
administrator ((shall)) must notify the apparent owner of the 22
payment. 23
Sec. 18. RCW 63.30.650 and 2022 c 225 s 1009 are each amended to 24
read as follows: 25
(1) In this section, "related to the administrator" refers to an 26
individual who is: 27
(a) The administrator's spouse, partner in a civil union, 28
domestic partner, or reciprocal beneficiary; 29
(b) The administrator's child, stepchild, grandchild, parent, 30
stepparent, sibling, stepsibling, half-sibling, aunt, uncle, niece, 31
or nephew; 32
(c) A spouse, partner in a civil union, domestic partner, or 33
reciprocal beneficiary of an individual under (b) of this subsection; 34
or 35
(d) Any individual residing in the administrator's household.36
(2) The administrator may contract with a person to conduct an 37
examination under this section and RCW 63.30.570 through 63.30.640 38
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and 63.30.660 through 63.30.690. The contract may be awarded only 1
under chapter 39.26 RCW. 2
(3) If the person with which the administrator contracts under 3
subsection (2) of this section is: 4
(a) An individual, the individual may not be related to the 5
administrator; or 6
(b) A business entity, the entity may not be owned in whole or in 7
part by the administrator or an individual related to the 8
administrator. 9
(4) ((At least 60 days before assigning a person under contract 10
with the administrator under subsection (2) of this section to 11
conduct an examination, the administrator shall demand in a record 12
that the person to be examined submit a report and deliver property 13
that is previously unreported.14
(5))) If the administrator contracts with a person under 15
subsection (2) of this section: 16
(a) The contract may provide for compensation of the person based 17
on a fixed fee, hourly fee, or contingent fee; 18
(b) A contingent fee arrangement may not provide for a payment 19
that exceeds 10 percent of the amount or value of property paid or 20
delivered as a result of the examination; and 21
(c) On request by a person subject to examination by a 22
contractor, the administrator ((shall)) must deliver to the person a 23
complete and unredacted copy of the contract. 24
(((6))) (5) A contract under subsection (2) of this section is 25
subject to public disclosure without redaction under chapter 42.56 26
RCW. 27
Sec. 19. RCW 63.30.680 and 2022 c 225 s 1012 are each amended to 28
read as follows: 29
If the administrator determines from an examination conducted 30
under RCW 63.30.580 that a ((putative)) holder failed or refused to 31
pay or deliver to the administrator property which is reportable 32
under this chapter, the administrator ((shall)) must issue a 33
determination of the ((putative)) holder's liability to pay or 34
deliver and give notice in a record to the ((putative)) holder of the 35
determination. 36
Sec. 20. RCW 63.30.690 and 2023 c 258 s 9 are each amended to 37
read as follows: 38
p. 25 SB 5316
(1) A ((person)) holder who fails to pay or deliver property when 1
due is required to pay to the administrator interest at the rate as 2
computed under RCW 82.32.050(1)(c) and set under RCW 82.32.050(2). 3
However, the administrator must waive or cancel interest imposed 4
under this subsection if: 5
(a) The administrator finds that the failure to pay or deliver 6
the property within the time prescribed by this chapter was the 7
result of circumstances beyond the ((person's)) holder's control 8
sufficient for waiver or cancellation of interest under RCW 9
82.32.105; 10
(b) The failure to timely pay or deliver the property within the 11
time prescribed by this chapter was the direct result of written 12
instructions given to the ((person)) holder by the administrator; or13
(c) The extension of a due date for payment or delivery under an 14
assessment issued by the administrator was not at the ((person's)) 15
holder's request and was for the sole convenience of the 16
administrator. 17
(2) If a ((person)) holder fails to file any report or to pay or 18
deliver any amounts or property when due under a report required 19
under this chapter, there is assessed a penalty equal to 10 percent 20
of the amount unpaid and the value of any property not delivered.21
(3) If an examination results in an assessment for amounts unpaid 22
or property not delivered, there is assessed a penalty equal to 10 23
percent of the amount unpaid and the value of any property not 24
delivered. 25
(4) If a ((person)) holder fails to pay or deliver to the 26
administrator by the due date any amounts or property due under ((an 27
assessment)) a determination issued by the administrator to the 28
((person)) holder, there is assessed an additional penalty of five 29
percent of the amount unpaid and the value of any property not 30
delivered. 31
(5) If a holder makes a fraudulent report under this chapter, the 32
administrator may require the holder to pay the administrator, in 33
addition to interest under this section, a civil penalty of $1,000 34
for each day from the date the report was made until corrected, up to 35
a cumulative maximum amount of $25,000, plus 25 percent of the amount 36
or value of any property that should have been reported or was 37
underreported. 38
(6) Penalties under subsections (2) through (4) of this section 39
may be waived or canceled only if: 40
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(a) The administrator finds that the failure to pay or deliver 1
within the time prescribed by this chapter was the result of 2
circumstances beyond the ((person's)) holder's control sufficient for 3
waiver or cancellation of penalties under RCW 82.32.105; or4
(b) The ((person)) holder requests the waiver for a report 5
required to be filed under RCW 63.30.220 and has timely filed as 6
provided by RCW 63.30.240 all reports due under RCW 63.30.220 and 7
paid or delivered all property associated with those reports for a 8
period of 24 months immediately preceding the period covered by the 9
report for which the waiver is being requested. 10
(7) If a ((person)) holder willfully fails to file a report or to 11
provide written notice to apparent owners as required under this 12
chapter, the administrator may assess a civil penalty of $100 for 13
each day the report is withheld or the notice is not sent, but not 14
more than $5,000. 15
(8) If a holder, having filed a report, failed to file the report 16
electronically as required by RCW 63.30.220, or failed to pay 17
electronically any amounts due under the report as required by RCW 18
63.30.340, the administrator must assess a penalty equal to five 19
percent of the amount payable or deliverable under the report, unless 20
the administrator grants the ((taxpayer)) holder relief from the 21
electronic filing and payment requirements. Total penalties assessed 22
under this subsection may not exceed five percent of the amount 23
payable and value of property deliverable under the report.24
(9) If a holder enters into a contract or other arrangement for 25
the purpose of evading an obligation under this chapter or otherwise 26
willfully fails to perform a duty imposed on the holder under this 27
chapter, the administrator may require the holder to pay the 28
administrator, in addition to interest as provided in this section, a 29
civil penalty of $1,000 for each day the obligation is evaded or the 30
duty not performed, up to a cumulative maximum amount of $25,000, 31
plus 25 percent of the amount or value of property that should have 32
been but was not reported, paid, or delivered as a result of the 33
evasion or failure to perform. 34
(10) The penalties imposed in this section are cumulative.35
Sec. 21. RCW 63.30.730 and 2022 c 225 s 1103 are each amended to 36
read as follows: 37
Any ((person)) putative holder having been issued a determination 38
by the administrator, or a denial of an application for a refund or 39
p. 27 SB 5316
return of property, under the provisions of this chapter is entitled 1
to a review by the administrator conducted in accordance with the 2
provisions of RCW 34.05.410 through 34.05.494, subject to judicial 3
review under RCW 34.05.510 through 34.05.598. A petition for review 4
under this section is timely if received in writing by the 5
administrator on or before 90 days after the holder receives the 6
determination from the administrator pursuant to RCW 63.30.680 or 7
from any extension of the due date granted by the administrator, or 8
in the case of a refund or return application, 30 days after the 9
administrator rejects the application in writing, regardless of any 10
subsequent action by the administrator to reconsider its initial 11
decision. The period for filing a petition for review under this 12
section may be extended as provided in a rule adopted by the 13
administrator under chapter 34.05 RCW or upon a written agreement 14
signed by the holder and the administrator. 15
Sec. 22. RCW 63.30.740 and 2022 c 225 s 1104 are each amended to 16
read as follows: 17
(1) Any ((person)) putative holder who has paid or delivered 18
property to the administrator under the provisions of this chapter, 19
except one who has failed to keep and preserve records as required in 20
this chapter, feeling aggrieved by such payment or delivery, may 21
appeal to the Thurston county superior court. The ((person)) putative 22
holder filing a notice of appeal under this section is deemed the 23
plaintiff, and the administrator, the defendant. 24
(2) An appeal under this section must be made within 30 days 25
after the administrator rejects in writing an application for refund 26
or return of property, regardless of any subsequent action by the 27
administrator to reconsider its initial decision. 28
(3)(a) In an appeal filed under this section, the plaintiff must 29
set forth the amount or property, if any, payable or deliverable on 30
the report or assessment that the plaintiff is contesting, which the 31
holder concedes to be the correct amount payable or deliverable, and 32
the reason why the amount payable or deliverable should be reduced or 33
abated. 34
(b) The appeal is perfected only by serving a copy of the notice 35
of appeal upon the administrator and filing the original with proof 36
of service with the clerk of the superior court of Thurston county, 37
within the time specified in subsection (2) of this section.38
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(4)(a) The trial in the superior court on appeal must be de novo 1
and without the necessity of any pleadings other than the notice of 2
appeal. At trial, the burden is on the plaintiff to (i) prove that 3
the amount paid by that ((person)) putative holder is incorrect, 4
either in whole or in part, or the property in question was delivered 5
in error to the administrator, and (ii) establish the correct amount 6
payable or the property required to be delivered to the 7
administrator, if any. 8
(b) Both parties are entitled to subpoena the attendance of 9
witnesses as in other civil actions and to produce evidence that is 10
competent, relevant, and material to determine the correct amount 11
due, if any, that should be paid by the plaintiff.12
(c) Either party may seek appellate review in the same manner as 13
other civil actions are appealed to the appellate courts.14
(5) An appeal may be maintained under this section without the 15
need for the plaintiff to first: 16
(a) Protest against the payment of any amount due or reportable 17
under this chapter or to make any demand to have such amount refunded 18
or returned; or 19
(b) Petition the administrator for a refund, return of property, 20
or a review of its action as authorized in RCW 63.30.730.21
(6) No court action or proceeding of any kind may be maintained 22
by the plaintiff to recover any amount paid, delivered, or reported 23
to the administrator under this chapter, except as provided in this 24
section or as may be available to the plaintiff under RCW 34.05.510 25
through 34.05.598. 26
(7) No appeal may be maintained under this section with respect 27
to matters reviewed by the administrator under the provisions of 28
chapter 34.05 RCW. 29
Sec. 23. RCW 63.30.790 and 2022 c 225 s 1302 are each amended to 30
read as follows: 31
(1) ((Subject to subsection (2) of this section, an )) An 32
agreement under RCW 63.30.780 is void if ((it is entered into during 33
the period beginning on the date the property was paid or delivered 34
by a holder to the administrator and ending 24 months after the 35
payment or delivery.36
(2) If a provision in an agreement described in subsection (1) of 37
this section applies to mineral proceeds for which compensation is to 38
be paid to the other person based in whole or in part on a part of 39
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the underlying minerals or mineral proceeds not then presumed 1
abandoned, the provision is void regardless of when the agreement was 2
entered into. 3
(3))) a provision in the agreement applies to mineral proceeds 4
for which compensation is to be paid to the other person based in 5
whole or in part of the underlying minerals or mineral proceeds not 6
then presumed abandoned.7
(2) An agreement under ((subsection (1) of this section which )) 8
RCW 63.30.780 that provides for compensation in an amount that ((is 9
unconscionable)) exceeds five percent of the value of the property 10
reasonably expected to be recovered, is unenforceable ((except by the 11
apparent owner. An apparent owner that believes the compensation the 12
apparent owner has agreed to pay is unconscionable or the 13
administrator, acting on behalf of an apparent owner, or both, may 14
file an action in superior court to reduce the compensation to the 15
maximum amount that is not unconscionable)). 16
(((4))) (3) An apparent owner or the administrator may assert 17
that an agreement ((described in this section )) under RCW 63.30.780 18
is void on a ground other than it provides for payment of 19
unconscionable compensation in an amount that exceeds five percent of 20
the value of the property reasonably expected to be recovered.21
(((5))) (4) This section does not apply to an apparent owner's 22
agreement with an attorney to pursue a claim for recovery of 23
specifically identified property held by the administrator or to 24
contest the administrator's denial of a claim for recovery of the 25
property. 26
Sec. 24. RCW 63.30.820 and 2022 c 225 s 1402 are each amended to 27
read as follows: 28
(1) Except as otherwise provided in this chapter, the following 29
are confidential and exempt from public inspection or disclosure:30
(a) Reports and records of a holder in the possession of the 31
administrator or the administrator's agent; ((and))32
(b) Personal information and other information derived or 33
otherwise obtained by or communicated to the administrator or the 34
administrator's agent from an examination under this chapter of the 35
records of a person; and36
(c) Correspondence sent by the administrator or the 37
administrator's agent to holders concerning past, current, pending, 38
or potential examinations. 39
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(2) A record or other information that is confidential under law 1
of this state other than this chapter, another state, or the United 2
States continues to be confidential when disclosed or delivered under 3
this chapter to the administrator or administrator's agent.4
NEW SECTION. Sec. 25. RCW 63.30.670 (Report by administrator to 5
state official) and 2022 c 225 s 1011 are each repealed.6
NEW SECTION. Sec. 26. Sections 1 and 2 of this act apply to 7
prearrangement funeral service contracts executed before, on, or 8
after the effective date of this section.9
NEW SECTION. Sec. 27. Sections 3 through 6, 13 through 16, and 10
19 through 22 of this act apply retroactively and prospectively to 11
January 1, 2023.12
NEW SECTION. Sec. 28. Sections 7 and 9 through 11 of this act 13
take effect January 1, 2026.14
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