AN ACT Relating to protecting charitable organizations and ensuring the timely and secure transfer of property designated to them;
Bill Description
Protecting charitable organizations and ensuring the timely and secure transfer of property designated to them.
What this bill does Powered by Legitron
The bill creates a new law called the "charitable organizations privacy protection act" as a new chapter in Title 11 RCW. It requires holders of property subject to beneficiary designations to notify each named charitable beneficiary within 10 business days after the holder has been notified of the owner's death, and specifies the notice must include the holder's name and contact information and instructions for submitting a claim or inquiry.
The bill establishes a procedure allowing a qualifying 501(c)(3) charitable organization, registered with the Washington Secretary of State, to present a sworn affidavit and supporting documents to a holder to obtain property or information. The affidavit must include specified information about the decedent, the property, the organization, a request for transfer or release of information, statements about superior rights, and a declaration under penalty of perjury; required supporting documents include the organization's IRS determination letter, Secretary of State certificate of existence, proof of the decedent's death, evidence of the affiant's authority, and a completed IRS Form W-9. Holders are prohibited from requiring personal identifying information from charity employees or board members or imposing conditions such as forcing the charity to open an account or coordinating simultaneous claims by co-beneficiaries. A holder who receives a compliant affidavit must pay, deliver, or transfer the property within 30 days if the affidavit requests transfer of ownership.
The bill provides liability protections for holders and others who in good faith rely on a compliant affidavit and validates transactions by a charity that later misapplies received property. It creates a civil cause of action in superior court for charities when holders fail to transfer property, provide requested information, or give required notice, authorizing actual damages, court costs, reasonable attorneys' fees, and a civil penalty of $500 to $10,000; such actions must be commenced within one year of the act or failure to act. The text references RCW chapter 19.09, IRC section 501(c)(3), IRS Form W-9, and involves the Secretary of State, IRS, holders, and superior courts. The extracted material does not specify the new chapter number in Title 11, what constitutes adequate notification to a holder, detailed enforcement mechanics for imposing the civil penalty, or any implementing agency or rulemaking authority or timeline.
Why it matters Powered by Legitron
If enacted, charities that are 501(c)(3) and registered in Washington will be able to present a specific affidavit and supporting documents to quickly claim property that was designated to them at a donor’s death, and holders (banks, insurers, transfer agents, or others holding such accounts) will be required to notify named charities within 10 business days of learning of the owner’s death and to transfer property within 30 days when the affidavit complies. Practically this means charities can get nonprobate gifts faster and with less invasive information-sharing, but they must gather IRS and Secretary of State paperwork, a W‑9, proof of death, and evidence of authority to act; holders will need new intake, notice, and payment procedures and may face litigation, attorneys’ fees, and civil penalties ($500–$10,000) if they fail to comply, though they get a good‑faith safe harbor when relying on a compliant affidavit.
The text leaves some operational details unclear—most importantly what counts as adequate notice to a holder and who will oversee or enforce penalties beyond suits in superior court—so banks and charities will likely need to interpret or seek clarification before changing processes.