2024 -- H 7976 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS -- CONDITIONAL

ESCHEAT OF UNCLAIMED FUNDS IN COURT REGISTRIES

     Introduced By: Representatives Craven, and Dawson

     Date Introduced: March 05, 2024

     Referred To: House Judiciary

     (Judiciary)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 8-12-1 and 8-12-2 of the General Laws in Chapter 8-12 entitled

"Conditional Escheat of Unclaimed Funds in Court Registries" are hereby amended to read as

follows:

     8-12-1. Report of unclaimed funds in court registries. Report of unclaimed funds held

by the courts.

     (a) The clerks of the supreme, superior, family, district, workers’ compensation courts and

the traffic tribunal shall, every year during the month of July, return report to the state court

administrator those funds which have been on deposit in the registry of the respective court for a

period of five (5) years two (2) years or more as of the last business day of June of that year. A

sworn statement listing all money or funds shall also be submitted.

     (b) The statement shall contain as to each deposit or fund:

     (1) The number, deposit type, and title of the case and the date of the order deposit entered

on the case in accordance with which the money was paid into the registry of received by the court;

     (2) The name and address of the person, persons, firm, or corporation who paid the money

into the registry of the court so far as the name and address appears of record;

     (3) The name and address of the person, persons, firm, or corporation entitled to the money

in the registry so far as the name and address appear of record in the case or are otherwise known

to the clerk;

     (4) The amount and date of the deposit in the registry of the court and the amount including

accretions from interest or otherwise at the date of the statement; and

     (5) An assertion as to whether or not any claim to the deposit or fund or portion thereof is

being actively prosecuted by any person and/or whether such claim has been made during the five

(5) years prior to the last business day of June of that year.; and

     (6) An assertion as to whether or not a deposit or fund or portion thereof should be deemed

as unclaimed.

     8-12-2. Deposit of unclaimed funds.

     If, upon examination of the sworn statement required to be filed by the several clerks under

the provisions of § 8-12-1, it appears to the state court administrator that there are deposits in the

registry of the supreme court, the superior court, the family court, the district court, the workers’

compensation court and/or the traffic tribunal that have been are unclaimed by any person prima

facie entitled to the deposits, or his or her or its representative, for a period of five (5) years

preceding the last business day of June of the then current year, then all of those unclaimed deposits

in the registry of the applicable court, together with any interest on the deposit, shall be paid to the

general fund to be held and used by the administrator of the state courts as approved by the chief

justice of the supreme court subject to being repaid to the person(s), firm(s) or corporation(s) who

may subsequently establish a lawful right to the deposit as provided in § 8-12-3 or escheated to the

general treasurer.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS -- CONDITIONAL

ESCHEAT OF UNCLAIMED FUNDS IN COURT REGISTRIES

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     This act would update the process by which the supreme court reports, holds, and escheats

unclaimed property in the court registries by allowing the finance unit of the supreme court to place

unclaimed funds into the general fund or escheat them to the general treasurer after two (2) years

as opposed to the current five (5) years.

     This act would take effect upon passage.

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