Title 63 — Title 63 PERSONAL PROPERTY

Property received by the administrator under this chapter is held in custody for the benefit of the owner and is not owned by the state.[ 2022 c 225 s 804.]

(1) If the administrator knows that property held by the administrator under this chapter is subject to a superior claim of another state, the administrator shall:(a) Report and pay or deliver the property to the other state; or(b) Return the property to the holder so that the ho…

(1) Property held under this chapter by the administrator is subject to the right of another state to take custody of the property if:(a) The property was paid or delivered to the administrator because the records of the holder did not reflect a last known address in the other st…

(1) A person claiming to be the owner of property held under this chapter by the administrator may file a claim for the property on a form prescribed by the administrator. The claimant must verify the claim as to its completeness and accuracy.(2) The administrator may waive the r…

(1) The administrator shall pay or deliver property to a claimant under RCW 63.30.530(1) if the administrator receives evidence sufficient to establish to the satisfaction of the administrator that the claimant is the owner of the property.(2) Not later than 90 days after a claim…

(1) Not later than 30 days after a claim is allowed under RCW 63.30.540(2), the administrator must pay or deliver to the owner the property or pay to the owner the net proceeds of a sale of the property, together with income or gain to which the owner is entitled under RCW 63.30.…

Not later than one year after filing a claim under RCW 63.30.540(1), the claimant may commence an action against the administrator in Thurston county superior court to establish a claim that has been denied or deemed denied under RCW 63.30.540.[ 2022 c 225 s 906.]

If a person does not file a report required by RCW 63.30.220 or the administrator believes that a person may have filed an inaccurate, incomplete, or false report, the administrator may require the person to file a verified report in a form prescribed by the administrator. The ve…

The administrator, at reasonable times and on reasonable notice, may:(1) Examine the records of a person, including examination of appropriate records in the possession of an agent of the person under examination, if the records are reasonably necessary to determine whether the p…

(1) The administrator shall adopt rules governing procedures and standards for an examination under RCW 63.30.580, including rules for use of an estimation, extrapolation, and statistical sampling in conducting an examination.(2) An examination under RCW 63.30.580 must be perform…

Records obtained and records, including work papers, compiled by the administrator in the course of conducting an examination under RCW 63.30.580:(1) Are subject to the confidentiality and security provisions of RCW 63.30.810 through 63.30.880 and are not public records;(2) May b…

(1) A record of a putative holder showing an unpaid debt or undischarged obligation is prima facie evidence of the debt or obligation.(2) A putative holder may establish by a preponderance of the evidence that there is no unpaid debt or undischarged obligation for a debt or oblig…

If a person subject to examination under RCW 63.30.580 does not retain the records required by RCW 63.30.250, the administrator may determine the value of property due using a reasonable method of estimation based on all information available to the administrator, including extra…

At the conclusion of an examination under RCW 63.30.580, the administrator shall provide to the person whose records were examined a complete and unredacted examination report that specifies:(1) The work performed;(2) The property types reviewed;(3) The methodology of any estimat…

(1) If a person subject to examination under RCW 63.30.580 believes the person conducting the examination has made an unreasonable or unauthorized request or is not proceeding expeditiously to complete the examination, the person in a record may ask the administrator to intervene…

(1) In this section, "related to the administrator" refers to an individual who is:(a) The administrator's spouse, partner in a civil union, domestic partner, or reciprocal beneficiary;(b) The administrator's child, stepchild, grandchild, parent, stepparent, sibling, stepsibling,…

The administrator or an individual employed by the administrator who participates in, recommends, or approves the award of a contract under RCW 63.30.650(2) on or after January 1, 2023, may not be employed by, contracted with, or compensated in any capacity by the contractor or a…

If the administrator determines from an examination conducted under RCW 63.30.580 that a holder failed or refused to pay or deliver to the administrator property which is reportable under this chapter, the administrator must issue a determination of the holder's liability to pay …

(1) A holder who fails to pay or deliver property when due is required to pay to the administrator interest at the rate as computed under RCW 82.32.050(1)(c) and set under RCW 82.32.050(2). However, the administrator must waive or cancel interest imposed under this subsection if:…

The administrator may waive, in whole and in part, interest under RCW 63.30.690 and penalties under RCW 63.30.690 (5) and (9).[ 2022 c 225 s 1014.]

(1) Not later than 30 days after receipt of a notice under RCW 63.30.680, the putative holder may request an informal conference with the administrator to review the determination. Except as otherwise provided in this section, the administrator may designate an employee to act on…

A putative holder may seek relief from a determination under RCW 63.30.680 by:(1) Administrative review under RCW 63.30.730; or(2) Judicial review under RCW 63.30.740.[ 2022 c 225 s 1102.]

Any putative holder having been issued a determination by the administrator, or a denial of an application for a refund or return of property, under the provisions of this chapter is entitled to a review by the administrator conducted in accordance with the provisions of RCW 34.0…

(1) Any putative holder who has paid or delivered property to the administrator under the provisions of this chapter, except one who has failed to keep and preserve records as required in this chapter, feeling aggrieved by such payment or delivery, may appeal to the Thurston coun…

(1) If a determination under RCW 63.30.680 becomes final and is not subject to administrative or judicial review, the administrator may commence an action in superior court or in an appropriate court of another state to enforce the determination and secure payment or delivery of …

(1) Subject to subsection (2) of this section, the administrator may:(a) Exchange information with another state or foreign country relating to property presumed abandoned or relating to the possible existence of property presumed abandoned; and(b) Authorize in a record another s…

(1) The administrator may join another state or foreign country to examine and seek enforcement of this chapter against a putative holder.(2) On request of another state or foreign country, the attorney general may commence an action on behalf of the other state or country to enf…

An agreement by an apparent owner and another person, the primary purpose of which is to locate, deliver, recover, or assist in the location, delivery, or recovery of property held by the administrator, is enforceable only if the agreement:(1) Is in a record that clearly states t…

(1) An agreement under RCW 63.30.780 is void if a provision in the agreement applies to mineral proceeds for which compensation is to be paid to the other person based in whole or in part of the underlying minerals or mineral proceeds not then presumed abandoned.(2) An agreement …

(1) An apparent owner that contracts with another person to locate, deliver, recover, or assist in the location, delivery, or recovery of property of the apparent owner which is held by the administrator may designate the person as the agent of the apparent owner. The designation…

(1) In this section and RCW 63.30.820 through 63.30.880, "personal information" means:(a) Information that identifies or reasonably can be used to identify an individual, such as first and last name in combination with the individual's:(i) Social security number or other governme…

(1) Except as otherwise provided in this chapter, the following are confidential and exempt from public inspection or disclosure:(a) Reports and records of a holder in the possession of the administrator or the administrator's agent;(b) Personal information and other information …

(1) When reasonably necessary to enforce or implement this chapter, the administrator may disclose confidential information concerning property held by the administrator or the administrator's agent only to:(a) An apparent owner or the apparent owner's personal representative, at…

A person to be examined under RCW 63.30.580 may require, as a condition of disclosure of the records of the person to be examined, that each person having access to the records disclosed in the examination execute and deliver to the person to be examined a confidentiality agreeme…

Except as otherwise provided in RCW 63.30.280 and 63.30.290, a holder is not required under this chapter to include confidential information in a notice the holder is required to provide to an apparent owner under this chapter.[ 2022 c 225 s 1405.]

(1) If a holder is required to include confidential information in a report to the administrator, the information must be provided by a secure means.(2) If confidential information in a record is provided to and maintained by the administrator or administrator's agent as required…

(1) Except to the extent prohibited by law other than this chapter, the administrator or administrator's agent shall notify a holder as soon as practicable of:(a) A suspected loss, misuse, or unauthorized access, disclosure, modification, or destruction of confidential informatio…

(1) If a claim is made or action commenced arising out of an event described in RCW 63.30.870(1) relating to confidential information possessed by the administrator, this state shall indemnify, defend, and hold harmless a holder and the holder's affiliates, officers, directors, e…

(1) The department may enter into an agreement in writing with any holder with respect to any duties under this chapter or any property or amounts due under this chapter, including penalties and interest.(2) Upon its execution by all parties, the agreement is final and conclusive…

This chapter may be cited as the revised uniform unclaimed property act.[ 2022 c 225 s 101.]

In applying and construing this uniform chapter and chapter 225, Laws of 2022, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.[ 2022 c 225 s 1501.]

This chapter modifies, limits, or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the not…

(1) An initial report filed under this chapter for property that was not required to be reported before January 1, 2023, but that is required to be reported under this chapter, must include all items of property that would have been presumed abandoned during the six-year period p…

If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies dire…

This act takes effect January 1, 2023.[ 2022 c 225 s 1507.]