Report Title:

Unclaimed Property; Affidavit of Ownership

 

Description:

Allows individuals attempting to claim certain unclaimed property from the State to assert ownership through a notarized affidavit signed under penalty of perjury. (SD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2145

TWENTY-FOURTH LEGISLATURE, 2008

H.D. 1

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO UNCLAIMED PROPERTY.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 523A-24, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  A person, excluding another state, claiming an interest in any property paid or delivered to the director may file with the director a claim on a form prescribed by the director and verified by the claimant.  If a claimant is unable to present requested documentation of ownership to the director, then the claimant may assert ownership through a notarized affidavit signed under penalty of perjury, punishable under section 710-1060, and verifying that the following information is true:

     (1)  The claimant's residence was previously the address associated, if applicable, with the unclaimed property;

     (2)  The claimant is the intended recipient of the unclaimed property; and

     (3)  In the case of an uncashed check, the claimant maintained a business relationship with the check's issuer at or near the time of issue;

provided that no person may assert ownership solely through an affidavit under this subsection over unclaimed property with a fair market value over $          .  The claimant's signature shall appear at the bottom of the affidavit.  This subsection shall not affect any other requirements for claiming unclaimed property under this chapter."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2008.