HOUSE BILL NO. 80

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Daily Data Tracking History



H0080..................................................by REVENUE AND TAXATION
UNCLAIMED PROPERTY - Amends existing law to permit the time period within
which the administrator of unclaimed property must grant or deny a claim to be
extended to a date certain by a written agreement of the claimant and the
administrator; and to provide for administrative review of a denied claim
prior to a judicial appeal.
                                                                        
01/15    House intro - 1st rdg - to printing
01/16    Rpt prt - to Rev/Tax
01/21    Rpt out - rec d/p - to 2nd rdg
01/22    2nd rdg - to 3rd rdg
01/23    3rd rdg - PASSED - 64-0-6
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
      Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
      Cuddy, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Gagner, Garrett, Harwood, Jaquet, Jones, Kellogg,
      Kulczyk, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,
      Miller, Mitchell, Moyle, Nacarrato, Nielsen, Raybould, Ridinger, Ring,
      Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Shepherd, Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman,
      Trail, Wills, Mr. Speaker
      NAYS -- None
      Absent and excused -- Black, Deal, Henbest, Lake, Schaefer, Wood
    Floor Sponsor - Collins
    Title apvd - to Senate
01/24    Senate intro - 1st rdg - to Loc Gov
01/28    Rpt out - rec d/p - to 2nd rdg
01/29    2nd rdg - to 3rd rdg
01/31    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
      Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
      McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Calabretta
    Floor Sponsor - Werk
    Title apvd - to House
02/03    To enrol
02/04    Rpt enrol - Sp signed
02/05    Pres signed
02/06    To Governor
02/10    Governor signed
         Session Law Chapter 11
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 80
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE UNCLAIMED PROPERTY LAW; AMENDING SECTION 14-524,  IDAHO  CODE,
  3        TO  PERMIT  THE  TIME  PERIOD  WITHIN WHICH THE ADMINISTRATOR OF UNCLAIMED
  4        PROPERTY MUST GRANT OR DENY A CLAIM TO BE EXTENDED TO A DATE CERTAIN BY  A
  5        WRITTEN AGREEMENT OF THE CLAIMANT AND THE ADMINISTRATOR; AND AMENDING SEC-
  6        TION  14-526, IDAHO CODE, TO PROVIDE FOR ADMINISTRATIVE REVIEW OF A DENIED
  7        CLAIM UNDER SECTION 63-3045, IDAHO CODE, PRIOR TO A JUDICIAL APPEAL.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Section 14-524, Idaho Code, be, and the  same  is  hereby
 10    amended to read as follows:
                                                                        
 11        14-524.  FILING  OF  CLAIM  WITH  ADMINISTRATOR.  (1)  A person, excluding
 12    another state, claiming an interest in any property paid or delivered  to  the
 13    administrator,  may file a claim on a form prescribed by the administrator and
 14    verified by the claimant.
 15        (2)  The administrator shall consider each claim within ninety  (90)  days
 16    after  it  is  filed  and  give written notice to the claimant if the claim is
 17    denied in whole or in part. The ninety (90) day time period may be extended by
 18    the claimant and the administrator upon their written  agreement.  The  notice
 19    may be given by mailing it to the last address, if any, stated in the claim as
 20    the  address  to  which  notices  are to be sent. If no address for notices is
 21    stated in the claim, the notice may be mailed to the last address, if any,  of
 22    the  claimant as stated in the claim. No notice of denial need be given if the
 23    claim fails to state either the last address to which notices are to  be  sent
 24    or the address of the claimant.
 25        (3)  If a claim is allowed, the administrator shall pay over or deliver to
 26    the claimant the property or the amount the administrator actually received or
 27    the  net proceeds, if it has been sold by the administrator, together with any
 28    additional amount required by section 14-521,  Idaho  Code.  If  the  property
 29    claimed  was  interest-bearing  to  the  owner on the date of surrender by the
 30    holder, the administrator also shall pay interest at a rate  of  five  percent
 31    (5%)  a year or any lesser rate the property earned while in the possession of
 32    the holder. Interest begins to accrue when the property is  delivered  to  the
 33    administrator  and  ceases  on the earlier of the expiration of ten (10) years
 34    after delivery or the date on which payment is made to the owner.
 35        (4)  Any holder who pays the owner for property that has been delivered to
 36    the state and which, if claimed from the administrator, would  be  subject  to
 37    the  provisions  of subsection (3) of this section, shall add interest as pro-
 38    vided in subsection (3). The added interest must be repaid to  the  holder  by
 39    the administrator in the same manner as the principal.
 40        (5)  A   person  claiming  an  abandoned  utility  deposit  under  section
 41    14-508(1), Idaho Code, who is entitled thereto under this section,  which  was
 42    not  deposited with the administrator under section 14-508(2), Idaho Code, may
 43    file a claim on a form prescribed by the administrator  and  verified  by  the
                                                                        
                                           2
                                                                        
  1    claimant. The administrator will forward the claim to the utility company, who
  2    shall remit such payment to the claimant upon receipt of the claim.
                                                                        
  3        SECTION  2.  That  Section  14-526, Idaho Code, be, and the same is hereby
  4    amended to read as follows:
                                                                        
  5        14-526.  ACTION TO ESTABLISH CLAIM. A person aggrieved by  a  decision  of
  6    denial  of a claim by the administrator or whose claim has not been acted upon
  7    within ninety (90) days after its filing the time provided in  subsection  (2)
  8    of  section  14-524,  Idaho Code,  may obtain review a redetermination as pro-
  9    vided in section 63-3049(a) and (c) 63-3045, Idaho Code, by filing  a  written
 10    protest  with  the administrator within sixty-three (63) days after the denial
 11    was mailed or after the time period for issuing the denial has  lapsed.  Judi-
 12    cial  review  of  any redetermination shall be as provided in section 63-3049,
 13    Idaho Code.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE

                             RS 12398

This bill makes procedural amendments to the Uniform Unclaimed
Property Act. 

Permits a written agreement between the claimant of property and
the administrator of unclaimed property (the State Tax Commission)
to extend the 90-day the time within which the administrator must
grant or deny a claim.  

Provides a claimant an opportunity for administrative review of a
denied claim before having to a file a judicial appeal. 






                         FISCAL IMPACT

No fiscal effect.  






CONTACT
Name:        Dan John / Ted Spangler
Agency:      State Tax Commission
Phone:       334-7530

Statement of Purpose/Fiscal Impact                        H8