Section 905 – Allowance of claim for property.

• (1)
  • (a) The administrator shall pay or deliver to the owner the property or pay to the owner the net proceeds of a sale of the property together with income or gain to which the owner is entitled under Section 67-4a-607.
  • (b) On request of the owner, the administrator may sell or liquidate a security and pay the net proceeds to the owner.

• (2) Property held under this chapter by the administrator is subject to a claim for the payment of an enforceable debt the owner owes in this state for:
  • (a) child support arrearages, including child support collection costs and child support arrearages that are combined with maintenance;
  • (b) a civil or criminal fine or penalty, court costs, a surcharge, or restitution imposed by a final order of an administrative agency or a final court judgment; or
  • (c) state taxes, penalties, and interest that have been determined to be delinquent or as to which notice has been recorded with the State Tax Commission.

• (3)
  • (a) Before delivery or payment to an owner under Subsection (1) of property or payment to the owner of net proceeds of a sale of the property, the administrator first shall apply the property or net proceeds to a debt under Subsection (2) the administrator determines is owed by the owner.
  • (b) The administrator shall pay the amount to the appropriate state agency and notify the owner of the payment.

• (4)
  • (a) The administrator may make periodic inquiries of state agencies in the absence of a claim filed under Section 67-4a-903 to determine whether an apparent owner included in the unclaimed property records of this state has enforceable debts described in Subsection (2).
  • (b) The administrator first shall apply the property or net proceeds of a sale of property held by the administrator to a debt under Subsection (2) of an apparent owner that appears in the records of the administrator and deliver the amount to the appropriate state agency.
  • (c) The administrator shall notify the apparent owner of the payment.

Enacted by Chapter 371, 2017 General Session