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Bill

SB 6162

Adding a penalty for excessive fees for locating abandoned property held by a county.

2023-2024 Regular Session Introduced by Perry Dozier and 4 co-sponsors

Sets a 5% cap on fees to locate county-held property or funds, makes excess charges a misdemeanor, and allows CPA enforcement of the rule.

By resolution, returned to Senate Rules Committee for third reading.
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Bill Summary · SB 6162

Summary: SB 6162 – Penalty for Excessive Fees for Locating Abandoned Property Held by a County (Washington, 2024)

Overview

SB 6162 adds a new prohibited practice and misdemeanor penalties related to charging excessive fees for locating or purportedly locating property held by a county. The bill targets private individuals or entities that seek or receive compensation for locating county-held property arising from foreclosures, distraint sales for delinquent taxes, or unclaimed funds held by the county.

Key Provisions

  • New section to RCW 63.30: It is unlawful for any person to seek, receive, or contract for any fee or compensation for locating property held by a county (including proceeds from foreclosure/distraint, or unclaimed funds) if the fee exceeds 5% of the value of the property or funds returned to the owner.
  • Penalty (two versions):
    • Substitute version S-4431.1SUBSTITUTE: Violation is a misdemeanor; punishment is a fine of up to $1,000, imprisonment up to 90 days, or both.
    • Full bill version (S-3675.1): Violation is a misdemeanor with a punishment of not less than the charged fee amount and not more than 10 times that amount, or imprisonment up to 30 days, or both.
  • Consumer Protection alignment: The act is deemed to affect the public interest; violations are unfair or deceptive practices under the state consumer protection act (CPA, RCW 19.86). Remedies under the CPA are cumulative with other penalties.

Who is Affected

  • Private individuals or entities that seek or contract for fees to locate county-held property or funds.
  • Counties and property owners could be indirectly affected, as the regime establishes a 5% cap on locating fees and establishes enforcement mechanisms.

Procedural and Timeline Aspects

  • Introduced: January 11, 2024.
  • Legislative path (highlights):
    • First reading and referral to Law & Justice (Jan 11, 2024).
    • 1st substitute introduced (Feb 13, 2024); Rules suspended; placed on Third Reading.
    • Third reading passed (Feb 13, 2024) with a vote of 49-0.
    • By March 7, 2024: status shows “By resolution, returned to Senate Rules Committee for third reading.”
  • No explicit effective date is stated in the text; typical enactment would follow passage and signature, unless otherwise specified.

Relation to Existing Law

  • Establishes a new provision within RCW 63.30 and ties enforcement to the consumer protection framework (CPA, RCW 19.86), with provisions on cumulative remedies.

Practical Impact

  • Creates a clear cap (5%) on locating fees for county-held property.
  • Establishes misdemeanor penalties to deter profiteering in locating abandoned or unclaimed county funds.
  • Provides a basis for civil enforcement under the CPA, potentially enabling additional remedies for violators.

Compiled from official sources — confirm details with the bill’s official record.

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