7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to certain notices.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies the method by which an owner of a self-service storage facility sends
13 notice to an occupant before enforcing a lien against the occupant's property by
14 requiring the owner to deliver the notice:
15 • by certified mail and by email; or
16 • in person, with a signed document that acknowledges receipt;
17 ▸ requires certain notices under the Revised Uniform Unclaimed Property Act be
19 • by certified mail and by email; or
20 • in person, with a signed document that acknowledges receipt; and
21 ▸ makes technical and conforming changes.
22 Money Appropriated in this Bill:
24 Other Special Clauses:
26 Utah Code Sections Affected:
28 38-8-3, as last amended by Laws of Utah 2013, Chapter 163
29 67-4a-102, as last amended by Laws of Utah 2019, Chapter 78
30 67-4a-501, as last amended by Laws of Utah 2018, Chapter 281
31 67-4a-503, as last amended by Laws of Utah 2018, Chapter 459
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 38-8-3 is amended to read:
35 38-8-3. Enforcement of lien -- Notice requirements -- Sale procedure and effect.
36 (1) An owner may enforce a lien described in Section 38-8-2 against an occupant if:
37 (a) the occupant is in default for a continuous 30-day period; and
38 (b) the owner provides written notice of the owner's intent to enforce the lien, in
39 accordance with the requirements of this section, to:
40 (i) the occupant;
41 (ii) each lienholder disclosed by the occupant under Subsection 38-8-2(3)(b);
42 (iii) each person that has filed a valid financing statement with the Division of
43 Corporations and Commercial Code; and
44 (iv) each person identified as a lienholder in the records of the Motor Vehicle Division.
45 (2) (a) An owner shall provide the written notice described in Subsection (1)(b):
50 (b) An owner who provides the written notice described in Subsection (1)(b) in person
51 shall obtain a certificate of receipt signed by the individual who received the written notice.
57 (a) an itemized statement of the owner's claim showing the sum due at the time of the
58 notice and the date when the sum became due;
59 (b) a brief description of the personal property subject to the lien that permits the
60 person to identify the property, unless the property is locked, fastened, sealed, tied, or
61 otherwise stored in a manner that prevents immediate identification of the property;
62 (c) if permitted by the terms of the rental agreement, a notice that the occupant may not
63 access the occupant's personal property until the occupant complies with the requirements
64 described in Subsection [
65 (d) the name, street address, and telephone number of the owner or the individual the
66 occupant may contact to respond to the notification;
67 (e) a demand for payment within a specified time not less than 15 days after the day on
68 which the notice is delivered; and
69 (f) a conspicuous statement that, unless the claim is paid within the time stated in the
70 notice, the personal property will be advertised for sale and will be sold at a specified time and
73 with the United States Postal Service and properly addressed with postage prepaid.
75 an advertisement of the sale of the personal property subject to the lien once in a newspaper of
76 general circulation in the county where the self-service storage facility is located.
77 (b) An advertisement described in Subsection [
78 (i) the address of the self-service storage facility and the number, if any, of the space
79 where the personal property is located;
80 (ii) the name of the occupant; and
81 (iii) the time, place, and manner of the sale, which shall take place not sooner than 15
82 days after the day on which the sale is advertised under Subsection [
84 provided for in this section.
86 at the nearest suitable place to where the personal property is held or stored, or online.
88 amount necessary to satisfy the lien and the reasonable expenses incurred under this section
89 and thereby redeem the personal property; upon receipt of this payment, the owner shall return
90 the personal property, and thereafter the owner shall have no liability to any person with respect
91 to that personal property.
93 provided for in this chapter takes the property free of any rights of persons against whom the
94 lien was valid and free of any rights of a secured creditor, despite noncompliance by the owner
95 with the requirements of this section.
97 the proceeds of the sale, subject to the rights of any prior lienholder; the lien rights of the prior
98 lienholder are automatically transferred to the proceeds of the sale; if the sale is made in good
99 faith and is conducted in a reasonable manner, the owner shall not be subject to any surcharge
100 for a deficiency in the amount of a prior secured lien, but shall hold the balance, if any, for
101 delivery to the occupant, lienholder, or other person in interest; if the occupant, lienholder, or
102 other person in interest does not claim the balance of the proceeds within one year of the date
103 of sale, it shall become the property of the Utah state treasurer as unclaimed property with no
104 further claim against the owner.
106 personal property is not in conformity with the notice of sale, or if there is a willful violation of
107 this chapter, nothing in this section affects the rights and liabilities of the owner, occupant, or
108 any other person.
109 Section 2. Section 67-4a-102 is amended to read:
110 67-4a-102. Definitions.
111 As used in this chapter:
112 (1) "Administrator" means the deputy state treasurer assigned by the state treasurer.
113 (2) (a) "Administrator's agent" means a person with which the administrator contracts
114 to conduct an examination under Part 10, Verified Report of Property and Examination of
115 Records, on behalf of the administrator.
116 (b) "Administrator's agent" includes an independent contractor of the person and each
117 individual participating in the examination on behalf of the person or contractor.
118 (3) "Apparent owner" means a person whose name appears on the records of a holder
119 as the owner of property held, issued, or owing by the holder.
120 (4) (a) "Bank draft" means a check, draft, or similar instrument on which a banking or
121 financial organization is directly liable.
122 (b) "Bank draft" includes:
123 (i) a cashier's check; and
124 (ii) a certified check.
125 (c) "Bank draft" does not include:
126 (i) a traveler's check; or
127 (ii) a money order.
128 (5) "Banking organization" means:
129 (a) a bank;
130 (b) an industrial bank;
131 (c) a trust company;
132 (d) a savings bank; or
133 (e) any organization defined by other law as a bank or banking organization.
134 (6) "Business association" means a corporation, joint stock company, investment
135 company other than an investment company registered under the Investment Company Act of
136 1940, partnership, unincorporated association, joint venture, limited liability company,
137 business trust, trust company, land bank, safe deposit company, safekeeping depository,
138 financial organization, banking organization, insurance company, federally chartered entity,
139 utility, sole proprietorship, or other business entity, whether or not for profit.
140 (7) "Cashier's check" means a check that:
141 (a) is drawn by a banking organization on itself;
142 (b) is signed by an officer of the banking organization; and
143 (c) authorizes payment of the amount shown on the check's face to the payee.
144 (8) "Certified mail" means a method of mailing that is offered by the United States
145 Postal Service and provides evidence of mailing.
147 (a) certified by the court as a class action; or
148 (b) treated by the court as a class action without being formally certified as a class
151 confidential under Section 67-4a-1402.
153 time deposit with a banking or financial organization.
154 (b) "Deposit in a financial institution" includes:
155 (i) any interest or dividends on a deposit; and
156 (ii) a deposit that is automatically renewable.
158 (a) for a corporation, the state of the corporation's incorporation;
159 (b) for a business association other than a corporation, whose formation requires a
160 filing with a state, the state of the business association's filing;
161 (c) for a federally chartered entity or an investment company registered under the
162 Investment Company Act of 1940, the state of the entity's or company's home office; and
163 (d) for any other holder, the state of the holder's principal place of business.
165 magnetic, wireless, optical, electromagnetic, or similar capabilities.
167 automatically retained and stored and may be readily accessed or retrieved.
169 (a) a savings and loan association; or
170 (b) a credit union.
172 an electronic game or electronic-game platform.
173 (b) "Game-related digital content" includes:
174 (i) game-play currency, including a virtual wallet, even if denominated in United States
175 currency; and
176 (ii) the following, if for use or redemption only within the game or platform or another
177 electronic game or electronic-game platform:
178 (A) points sometimes referred to as gems, tokens, gold, and similar names; and
179 (B) digital codes.
180 (c) "Game-related digital content" does not include an item that the issuer:
181 (i) permits to be redeemed for use outside a game or platform for:
182 (A) money; or
183 (B) goods or services that have more than minimal value; or
184 (ii) otherwise monetizes for use outside a game or platform.
186 (i) is usable at:
187 (A) a single merchant; or
188 (B) a specified group of merchants;
189 (ii) is prefunded before the record is used; and
190 (iii) can be used for purchases of goods or services.
191 (b) "Gift card" includes a prepaid commercial mobile radio service as defined in 47
192 C.F.R. Sec. 20.3.
194 or pay to, the owner property subject to this chapter.
196 mutual benefit organization, whether or not for profit, engaged in the business of providing life
197 endowments, annuities, or insurance, including:
198 (a) accident insurance;
199 (b) burial insurance;
200 (c) casualty insurance;
201 (d) credit life insurance;
202 (e) contract performance insurance;
203 (f) dental insurance;
204 (g) disability insurance;
205 (h) fidelity insurance;
206 (i) fire insurance;
207 (j) health insurance;
208 (k) hospitalization insurance;
209 (l) illness insurance;
210 (m) life insurance, including endowments and annuities;
211 (n) malpractice insurance;
212 (o) marine insurance;
213 (p) mortgage insurance;
214 (q) surety insurance;
215 (r) wage protection insurance; and
216 (s) worker compensation insurance.
218 owner sufficient for the purpose of the delivery of mail.
220 consideration under an award, reward, benefit, loyalty, incentive, rebate, or promotional
221 program that may be used or redeemed only to obtain goods or services or a discount on goods
222 or services.
223 (b) "Loyalty card" does not include a record that may be redeemed for money or
224 otherwise monetized by the issuer.
226 considered a mineral, regardless of the depth at which the substance is found.
227 (b) "Mineral" includes:
228 (i) building stone;
229 (ii) cement material;
230 (iii) chemical raw material;
231 (iv) coal;
232 (v) colloidal and other clay;
233 (vi) fissionable and nonfissionable ore;
234 (vii) gas;
235 (viii) gemstone;
236 (ix) gravel;
237 (x) lignite;
238 (xi) oil;
239 (xii) oil shale;
240 (xiii) other gaseous liquid or solid hydrocarbon;
241 (xiv) road material;
242 (xv) sand;
243 (xvi) steam and other geothermal resources;
244 (xvii) sulphur; and
245 (xviii) uranium.
247 (i) for extraction, production, or sale of minerals; or
248 (ii) for the abandonment of an interest in minerals.
249 (b) "Mineral proceeds" includes an amount payable:
250 (i) for the acquisition and retention of a mineral lease, including a bonus, royalty,
251 compensatory royalty, shut-in royalty, minimum royalty, or delay rental;
252 (ii) for the extraction, production, or sale of minerals, including a net revenue interest,
253 royalty, overriding royalty, extraction payment, or production payment; and
254 (iii) under an agreement or option, including a joint-operating agreement, unit
255 agreement, pooling agreement, and farm-out agreement.
257 (b) "Money order" includes an express money order and a personal money order on
258 which the remitter is the purchaser.
259 (c) "Money order" does not include a cashier's check.
261 municipality or other political subdivision of a state.
263 delivered to the administrator by the Depository Trust Clearing Corporation or a similar
264 custodian of securities providing post-trade clearing and settlement services to financial
265 markets or cannot be delivered because there is no agent to effect transfer.
266 (b) "Nonfreely transferable security" includes a worthless security.
268 in property subject to this chapter or the person's legal representative when acting on behalf of
269 the owner.
270 (b) "Owner" includes:
271 (i) a depositor, for a deposit;
272 (ii) a beneficiary, for a trust other than a deposit in trust;
273 (iii) a creditor, claimant, or payee, for other property; and
274 (iv) the lawful bearer of a record that may be used to obtain money, a reward, or a thing
275 of value.
277 defined in 12 C.F.R. Part 1005, Electronic Fund Transfers (Regulation E).
279 (a) an individual;
280 (b) an estate;
281 (c) a business association;
282 (d) a public corporation;
283 (e) a government entity;
284 (f) an agency;
285 (g) a trust;
286 (h) an instrumentality; or
287 (i) any other legal or commercial entity.
289 fixed and certain interest in intangible property held, issued, or owed in the course of a holder's
290 business or by a government entity.
291 (b) "Property" includes:
292 (i) all income from or increments to the property;
293 (ii) property referred to as or evidenced by:
294 (A) money, virtual currency, interest, or a dividend, check, draft, or deposit;
295 (B) a credit balance, customer's overpayment, stored-value card, payroll card, security
296 deposit, refund, credit memorandum, unpaid wage, unused ticket for which the issuer has an
297 obligation to provide a refund, mineral proceeds, or unidentified remittance; and
298 (C) a security except for:
299 (I) a worthless security; or
300 (II) a security that is subject to a lien, legal hold, or restriction evidenced on the records
301 of the holder or imposed by operation of law, if the lien, legal hold, or restriction restricts the
302 holder's or owner's ability to receive, transfer, sell, or otherwise negotiate the security;
303 (iii) a bond, debenture, note, or other evidence of indebtedness;
304 (iv) money deposited to redeem a security, make a distribution, or pay a dividend;
305 (v) an amount due and payable under an annuity contract or insurance policy;
306 (vi) an amount distributable from a trust or custodial fund established under a plan to
307 provide health, welfare, pension, vacation, severance, retirement, death, stock purchase,
308 profit-sharing, employee-savings, supplemental-unemployment insurance, or a similar benefit;
310 (vii) an amount held under a preneed funeral or burial contract, other than a contract
311 for burial rights or opening and closing services, where the contract has not been serviced
312 following the death or the presumed death of the beneficiary.
313 (c) "Property" does not include:
314 (i) property held in a plan described in Section 529A, Internal Revenue Code;
315 (ii) game-related digital content;
316 (iii) a loyalty card;
317 (iv) an in-store credit for returned merchandise;
318 (v) patronage capital of an electric, telephone, or agricultural cooperative; or
319 (vi) a gift card.
321 holder, until:
322 (a) the person pays or delivers to the administrator property subject to this chapter; or
323 (b) the administrator or a court makes a final determination that the person is or is not a
326 is stored in an electronic or other medium and is retrievable in perceivable form.
328 (a) a security as defined in Revised Article 8 of the Uniform Commercial Code; or
329 (b) a security entitlement as defined in Revised Article 8 of the Uniform Commercial
330 Code, including a customer security account held by a registered broker-dealer, to the extent
331 the financial assets held in the security account are not:
332 (i) registered on the books of the issuer in the name of the person for which the
333 broker-dealer holds the assets;
334 (ii) payable to the order of the person;
335 (iii) specifically endorsed to the person; or
336 (iv) an equity interest in a business association not included in this Subsection [
339 (a) to execute or adopt a tangible symbol; or
340 (b) to attach to or logically associate with the record an electronic symbol, sound, or
343 Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular
344 possession subject to the jurisdiction of the United States.
346 (i) with a monetary value or amount that can be:
347 (A) used to purchase or otherwise acquire goods or services;
348 (B) used to obtain cash; or
349 (C) redeemed for cash value; and
350 (ii) of which the issuer or the issuer's agent has a record of the name and last known
351 address of the apparent owner and the address is in the state of Utah.
352 (b) "Stored-value card" does not include:
353 (i) a record described in Subsection [
354 intermediary or other party for resale, for sale on consignment, or as a gift to the card user,
355 when the issuer does not know the name and address of the ultimate buyer or recipient of the
357 (ii) a loyalty card;
358 (iii) a gift card; or
359 (iv) game-related digital content.
361 equipment, real property, franchise, or license for:
362 (a) the transmission of communications or information;
363 (b) the production, storage, transmission, sale, delivery, or furnishing of electricity,
364 water, steam, or gas; or
365 (c) the provision of sewage or septic services, or trash, garbage, or recycling disposal.
367 medium of exchange, unit of account, or store of value, which does not have legal tender status
368 recognized by the United States.
369 (b) "Virtual currency" does not include:
370 (i) the software or protocols governing the transfer of the digital representation of
372 (ii) game-related digital content;
373 (iii) a loyalty card;
374 (iv) membership rewards; or
375 (v) a gift card.
377 delivery to the administrator would exceed the value of the security on the date a report is due
378 under this chapter.
379 Section 3. Section 67-4a-501 is amended to read:
380 67-4a-501. Notice to apparent owner by holder.
381 (1) [
382 abandoned shall send to the apparent owner notice [
383 complies with Section 67-4a-502 in a format acceptable to the administrator not more than 180
384 days nor less than 60 days before filing the report under Section 67-4a-401 if[
392 (2) The holder shall deliver the notice described in Subsection (1):
393 (a) by:
394 (i) certified mail to the apparent owner's last-known address; and
395 (ii) if the apparent owner has consented to receive electronic mail delivery from the
396 holder, by electronic mail; or
397 (b) in person, with a certificate of receipt signed by the individual who received the
399 Section 4. Section 67-4a-503 is amended to read:
400 67-4a-503. Notice by administrator.
401 (1) [
402 an apparent owner that property presumed abandoned and that appears to be owned by the
403 apparent owner is held by the administrator under this chapter.
415 (2) (a) The administrator shall send written notice to each apparent owner of property
416 presumed abandoned that is valued at $50 or more and held by the administrator under this
418 (b) The administrator shall deliver the notice described in Subsection (2)(a):
419 (i) by:
420 (A) certified mail to the apparent owner's last-known address; and
421 (B) if the apparent owner consented to receive electronic mail delivery from the holder
422 and the administrator knows the apparent owner's electronic mail address, by electronic mail;
424 (ii) in person, with a certificate of receipt signed by the individual who received the
426 (3) In addition to the notice under Subsection (2), the administrator shall publish every
427 12 months in at least one English language newspaper of general circulation in this state notice
428 of property held by the administrator, which shall include:
429 (a) the total value of property received by the administrator during the preceding
430 12-month period, taken from the reports under Section 67-4a-401;
431 (b) the total value of claims paid by the administrator during the preceding 12-month
433 (c) the Internet web address of the unclaimed property website maintained by the
435 (d) a telephone number and electronic mail address to contact the administrator to
436 inquire about or claim property; and
437 (e) a statement that a person may access the Internet by a computer to search for
438 unclaimed property, and a computer may be available as a service to the public at a local public
440 (4) (a) The administrator shall maintain a website accessible by the public and
441 electronically searchable that contains the names reported to the administrator of apparent
442 owners for whom property is being held by the administrator.
443 (b) The administrator is not required to list property on the website if:
444 (i) no owner name was reported;
445 (ii) a claim has been initiated or is pending for the property;
446 (iii) the Office of the State Treasurer has made direct contact with the apparent owner
447 of the property; or
448 (iv) the administrator reasonably believes exclusion of the property is in the best
449 interests of both the state and the owner of the property.
450 (5) The website or database maintained under Subsection (4) shall include instructions
451 for filing with the administrator a claim to property and a printable claim form with
453 (6) (a) At least annually, the administrator shall notify the State Tax Commission of the
454 names and social security numbers or federal identification numbers of any persons appearing
455 to be owners of abandoned property under this chapter.
456 (b) The State Tax Commission shall:
457 (i) determine if any person under Subsection (6)(a) has filed a Utah income tax return in
458 that year; and
459 (ii) provide notice to a person described in Subsection (6)(b)(i) that directs the person
460 to access the website described in Subsection (4) for information on property that may be held
461 by the administrator in that person's name.
462 (c) Subject to Subsection (7), in order to facilitate the return of property under this
463 Subsection (6), the administrator and the State Tax Commission may enter into an interagency
464 agreement concerning protection of confidential information, data match rules, and other
466 (7) If the administrator and the State Tax Commission enter into an interagency
467 agreement under Subsection (6)(c), for each person that is owed property that has a value of
468 $2,000 or less:
469 (a) the administrator shall deliver the property or pay the amount owed to the person in
470 the manner provided under Section 67-4a-905; and
471 (b) the person is not required to file a claim under Section 67-4a-903.
472 (8) The administrator may use publicly and commercially available databases to find
473 and update or add information for apparent owners of property held by the administrator.
474 (9) The State Tax Commission may bill the administrator to recover the State Tax
475 Commission's costs for providing the service under this section.
476 (10) In addition to giving notice under Subsection (2), publishing the information
477 under Subsection (3), and maintaining the website or database under Subsection (4), the
478 administrator may use other printed publication, telecommunication, the Internet, or other
479 media to inform the public of the existence of unclaimed property held by the administrator.