SUMMARY

The purpose of this bill is to restore the provisions of the abandoned property law governing property held by landlords or by state institutions that were repealed when the 1995 Uniform Unclaimed Property Act was adopted by the enactment of Public Law 1997, chapter 508. The provisions were found in former sections 1818 and 1819 of Title 33 of the Maine Revised Statutes.

Property left by a tenant is presumed abandoned when the tenant is no longer living on the premises and after the landlord has made reasonable attempts to notify the tenant that the landlord is holding the tenant's property. The landlord must report property worth $500 or more to the unclaimed property administrator within the office of the Treasurer of State. The administrator may either accept delivery of the property or authorize the landlord to sell the property in a commercially reasonable manner. The landlord may use the proceeds to cover any unpaid rent and damages to the property as well as expenses of storage, notice and sale. Records of the sale and the deductions and any remaining proceeds must be turned over to the administrator. Property worth $500 or less may be handled by the landlord in much the same way.

Property left by a patient or inmate at an institution of the Department of Mental Health, Mental Retardation and Substance Abuse Services or the Department of Corrections is presumed abandoned after one year. The head of the institution may sell the property after providing notice to the owner. Records of the sale and the proceeds must be turned over to the administrator. Prescription drugs that are presumed abandoned must be disposed of in accordance with rules established by the Board of Commissioners of the Profession of Pharmacy.