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. (HB131 HD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	131
TWENTY-FIFTH LEGISLATURE, 2009		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO UNCLAIMED PROPERTY.

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

     SECTION 1.  Section 523A-15, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  A person, excluding another state, claiming property paid or delivered to the administrator may file a claim on a form prescribed by the administrator 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 unsworn falsification to authorities, punishable under section 710-1063, 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 within        months prior to its 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 January 1, 2046.