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Office of the Revisor of Statutes

SF 1631 Senate Long Description

Enacting the "Uniform Unclaimed Property Act of 1995" to be administered by the commissioner of commerceARTICLE 1 - UNCLAIMED PROPERTYDefining certain terms; providing presumptions of abandonment of certain property to the custody of the state under certain conditions; restricting dormancy charges; providing for prima facie evidence of obligation and for burden of proof relating to existence and amount of the abandoned property; specifying reporting requirements; providing for payment or delivery of abandoned property; requiring notice and publication of lists of abandoned property; providing for state assumption of custody and responsibility for safekeeping and for recovery by holders; providing for the crediting of certain dividend, interest and increments to the property owner; specifying requirements for public sale of abandoned property and providing for the deposit of funds and proceeds; providing for treatment of claims for recovery of property from other states; providing for the filing of claims with and the handling of claims by the commissioner of commerce, authorizing certain actions to establish claims; authorizing the commissioner to decline to receive certain lesser valued property and providing for delivery before the presumption of abandonment; authorizing and providing for the destruction or disposition of property with no substantial commercial value, liability immunity provision; establishing certain periods of limitation; granting the commissioner certain report request and records examination authority, specifying certain property holder records retention requirements; providing for enforcement by the commissioner, authorizing court award of reasonable attorney fees to prevailing parties; providing for interstate agreements and cooperation; imposing and regulating interest and penalties; providing for the enforceability of owner agreements to locate property presumed abandoned; transitional provisions; authorizing commissioner rules; providing for the uniformity of application and construction; repealing certain existing provisions regulating abandoned propertyARTICLE 2 - CONFORMING CHANGESMaking conforming amendments to certain statutory provisions relating to the cancellation of outstanding unpaid warrants by the commissioner of finance or the state treasurer, the deposit of certain state license and service fees, mortgage originator and servicer license application content requirements and standards of conduct, franchise registration exemptions, personal property of discharged veterans home residents, the distribution of unclaimed property of cooperatives and abandoned public pension fund amounts and receipts by insolvent financial institutions (ra)