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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
|||| 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
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