Chapter 228 |
2025 -- H 5740 Enacted 06/24/2025 |
A N A C T |
RELATING TO PROBATE PRACTICE AND PROCEDURE -- UNCLAIMED INTANGIBLE AND TANGIBLE PROPERTY |
Introduced By: Representatives Noret, Casimiro, Kazarian, Corvese, Diaz, Read, Dawson, and Fogarty |
Date Introduced: February 26, 2025 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 33-21.1-1 of the General Laws in Chapter 33-21.1 entitled |
"Unclaimed Intangible and Tangible Property" is hereby amended to read as follows: |
33-21.1-1. Definitions and use of terms. |
As used in this chapter, unless the context otherwise requires: |
(1) “Administrator” means the general treasurer or his or herthe general treasurer’s |
designee, including agents hired for the express purpose of auditing, assessing, and collecting |
unclaimed property. |
(2) “Apparent owner” means the person whose name appears on the records of the holder |
as the person entitled to property held, issued, or owing by the holder. |
(3) “Banking organization” means a bank, trust, company, savings bank (industrial bank, |
land bank, safe deposit company), private banker, or any organization defined by any of the laws |
of this or any other state as a bank or banking organization. |
(4) “Business association” means a public corporation, a non-public corporation, joint |
stock company, investment company, business trust, partnership, or association for business |
purposes of two (2) or more individuals, whether or not for profit, including a banking organization, |
financial organization, insurance company, or utility, but not including hospitals, private, nonprofit |
institutions of higher education, and other domestic charitable corporations as those terms are |
defined in this section. |
(5) “Domicile” means the state of incorporation of a corporation and the state of the |
principal place of business of an unincorporated person. |
(6) “Financial organization” means a savings and loan association, cooperative bank, |
building and loan association, or credit union. |
(7) “Hospital” means: |
(i) Any nonprofit hospital incorporated under the laws of the state, including any nonprofit |
subsidiary corporations formed by any hospital or formed by the parent corporation of a hospital,; |
or |
(ii) Any nonprofit corporation the member or members of which consist solely of one or |
more hospitals or parent corporations of hospitals,; or |
(iii) Any other hospital which is licensed as a general hospital or maternity hospital |
pursuant to chapter 17 of title 23 which is exempt from taxation. |
(8) “Holder” means a person, wherever organized or domiciled, who is: |
(i) In possession of property belonging to another,; |
(ii) A trustee,; or |
(iii) Indebted to another on an obligation. |
(9) “Insurance company” means an association, corporation, fraternal, or mutual benefit |
organization, whether or not for profit, which is engaged in providing insurance coverage, including |
accident, burial, casualty, credit life, contract performance, dental, fidelity, fire, health, |
hospitalization, illness, life (including endowments and annuities), malpractice, marine, mortgage, |
surety, and wage protection insurance; but not including a nonprofit corporation organized pursuant |
to chapters 19, 20, 20.1, 20.2 and 20.3 of title 27. |
(10) “Intangible property” includes: |
(i) Money, checks, drafts, deposits, interest, dividends, income, and bonds; |
(ii) Credit balances, customer overpayments, security deposits, refunds, credit memos, |
unpaid wages, unused airline tickets, unclaimed pari-mutuel tickets, and unidentified remittances; |
(iii) Stocks and other intangible ownership interests in business associations; |
(iv) Money deposited to redeem stocks, bonds, coupons, and other securities, or to make |
distributions; |
(v) Amounts due and payable under the terms of insurance policies; and |
(vi) Amounts distributable from a trust or custodial fund established under a plan to provide |
health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, |
employee savings, supplemental unemployment insurance, or similar benefits; and |
(vii) All other intangible property as identified by the administrator. |
(11) “Last known address” means a description of the location of the apparent owner |
sufficient for the purpose of the delivery of mail. |
(12) “Other domestic charitable corporation” means a corporation, except a hospital or |
private, nonprofit institution of higher education, as those terms are defined herein, organized and |
existing under chapter 6 of title 7, chapter 19 of title 27, or created by general or special act of the |
general assembly; provided however that domestic charitable corporations which qualify as |
charitable corporations under 26 U.S.C. § 501(c)(3) and have one hundred (100) or fewer |
employees shall be exempt from the provisions of this chapter. |
(13) “Owner” means a depositor in the case of a deposit, a beneficiary in the case of a trust |
other than a deposit in trust, a creditor, claimant, or payee in the case of other intangible property, |
or a person having a legal or equitable interest in property subject to this chapter or his or herthe |
person’s legal representative. |
(14) “Person” means an individual, business association, state or other government, |
governmental subdivision or agency, public corporation, public authority, estate, trust, two (2) or |
more persons having a joint or common interest, or any other legal or commercial entity. |
(15) “Private, nonprofit institution of higher education” means an educational institution |
situated within this state which by virtue of law or charter is a private, nonprofit educational |
institution empowered to provide a program of education beyond the high school level and which |
is accredited by a nationally recognized educational accrediting agency or association and awards |
a bachelor’s or advance degree or provides a program of not less than two (2) years’ duration which |
is accepted for full credit toward a bachelor’s degree. |
(16) “State” means any state, district, commonwealth, territory, insular possession, or any |
other area subject to the legislative authority of the United States. |
(17) “Tangible property” includes all other property not defined as intangible property and |
which is not otherwise defined in this section. |
(18) “Utility” means a person who owns or operates for public use any plan, equipment, |
property, franchise, or license for the transmission of communications or the production, storage, |
transmission, sale, delivery, or furnishing of electricity, water, steam, or gas. |
SECTION 2. This act shall take effect upon passage. |
======== |
LC001713 |
======== |