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UNCLAIMED PROPERTY FOCUS is a blog written by and for UPPO members, featuring diverse perspectives and insights from unclaimed property practitioners across the U.S. and Canada. We welcome your submissions to Unclaimed Property Focus. Please contact Tim Dressen via tim@uppo.org with any questions about submitting a blog post for consideration and refer to our editorial guidelines when writing your blog post. Disclaimer: Information and/or comments to this blog is not intended as a substitute for legal advice on compliance or reporting requirements.

 

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UPPO Advocacy Update: April 2019

Posted By Administration, Wednesday, April 10, 2019

To help members remain aware of UPPO’s advocacy activities, the Unclaimed Property Focus blog presents the recurring Advocacy Update when legislatures are active or significant advocacy activity has occurred. Following are recent activities and trends from UPPO’s Government Relations and Advocacy Committee (GRAC).

 

Industry Groups, Including UPPO, Submit Joint Comments Regarding Minnesota RUUPA Bills

On March 31, 2019, UPPO along with organizations representing life insurers, bankers, shareholder services professionals and transfer agents submitted a letter regarding RUUPA-inspired legislation to the Minnesota Department of Commerce. The coalition raised several concerns with Article 13 of H.F. 2208 and companion bill S.B. 2611. Learn more.

 

The language from H.F. 2208 has since been amended to a different House bill, H.F. 2538. 

 

More RUUPA-Inspired Bills on the Move

In Colorado, S.B. 88 was introduced in January. The RUUPA-inspired bill includes the reduction of some established state dormancy periods and retains some Colorado-specific sections from the current version of state’s unclaimed property statute. The Colorado Senate passed the bill in February and sent it to the House, where it passed with amendments. On March 26, the senate concurred with the House amendments and repassed the legislation. 

 

In Washington, D.C., B. 225 was introduced on March 27. The RUUPA-inspired bill has been assigned to the Finance and Revenue Committee for review. 

 

California Report Makes a Case for Amnesty

On March 20, 2019, the Sacramento Bee published an article discussing the estimated $24 billion in unreported unclaimed property in California. According to the article, only 2 percent of unclaimed property holders reported to the state in 2016, leaving more than a million businesses out of compliance with the state’s unclaimed property laws. 

 

The state’s Legislative Analyst’s Office recommended in a March 15 report, Increasing Compliance with Unclaimed Property Law, that the state implement “a one-time amnesty for holders who voluntarily report past‑due unclaimed property by temporarily waiving the penalty associated with delinquent reports.”

 

UPPO supports adoption of a voluntary disclosure agreement (VDA) program in California and recently registered as a lobbyist in the state to promote VDA legislation on behalf of its members.

 

Hawaii Bill Proposes Changes to Handling of Low Value Property

In the Hawaiian legislature, H.B. 1130 was introduced on Jan. 24, proposing a minor language change that could have a significant effect for Hawaiian residents. If enacted, unclaimed property valued under $100 would be transferred directly to the state’s general fund, and the unclaimed property administrator would be exempted from having to advertise such property. 

 

Currently, Hawaii escheats amounts of less than $100 to the general fund, but only after it has remained unclaimed for 10 years. 

   

Arkansas Adopts Law Calling for Immediate Liquidation of Securities

On March 15, Arkansas Gov. Asa Hutchinson signed H.B. 1427 into law. The bill allows the state unclaimed property administrator to sell securities upon receipt from holders. It states that a claimant to such securities may receive the securities if they remain in the custody of the administrator, or alternately may receive proceeds received from the sale of the securities, less any fees and expenses incurred from the sale. 

 

This legislation conflicts with the consumer protection intent of unclaimed property programs, as it prevents property holders from being able to take steps to recover the full value of their shares and creates irreversible tax consequences. It also raises constitutional issues addressed by the U.S. Supreme Court in the Taylor v. Yee decision regarding due process. 

 

GAO Calls for Clarity Regarding Unclaimed 401(k) Plan Tax Treatment

On Feb. 19, 2019, the U.S. Government Accountability Office issued a 59-page report calling on the Internal Revenue Service, Department of Treasury and Department of Labor to provide clarity regarding the tax treatment of unclaimed 401(k) plans transferred to states. Learn more.

 

As more and more legislatures and regulatory agencies take on issues affecting unclaimed property compliance, advocacy has become an increasingly important role for UPPO.

Please take a few minutes to complete our 
Government Relations and Advocacy Survey to help us build our grassroots network. Responses will give us the ability to mobilize UPPO members when we are faced with legislative and regulatory challenges and opportunities.

 

Tags:  401(k)  Arkansas  California  GAO  Hawaii  Minnesota  Washington D.C. 

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2018 Unclaimed Property Legislative Roundup

Posted By Administration with contribution by Marcella Easly, senior compliance advisor at UPCR, Thursday, July 12, 2018

Unclaimed property continues to be a popular topic for state legislatures. Although a handful of state legislatures are still in session, most have completed their work. Following is a brief summary of some of the noteworthy unclaimed property bills that became law during the 2018 session. 

 

Arizona

Effective on July 1, 2018, Arizona S.B. 1412 revises provisions concerning unclaimed property credits of electric cooperatives. Among its provisions, it allows a cooperative to use all unclaimed capital credits or fees for any lawful purpose that is consistent with the cooperative’s bylaws and authorized by the cooperative’s board of directors. Additionally, the bill exempts unclaimed capital credits and fees from the state’s Unclaimed Property Act. It also prohibits an individual, corporation, business association or other organization from diverting personal property to circumvent the unclaimed property process.

 

Effective on April 17. 2018, Arizona S.B. 1264 prohibits a gift card from being subject to a fee, except as noted. It also states that the underlying monies on a gift card may not be subject to an expiration date, though a gift card, code or device associated with a gift card may contain an expiration date if certain conditions are met.

 

Hawaii

Effective on Jan. 1, 2019, Hawaii S.B. 208 adopts the National Conference of Insurance Legislators’ Model Unclaimed Life Insurance Benefits Act, which requires life insurers to conduct database searches using the federal Social Security Administration’s death master file or similar database to determine whether an insured has died. It requires life insurers to use good faith efforts to locate any beneficiaries to a policy, contract or retained asset account.

 

Indiana

Effective on July 1, 2018, Indiana S.B. 376 provides, for purposes of the unclaimed property act, that a time deposit that is automatically renewable is considered matured upon the expiration of its initial period, unless: (1) the owner has consented to a renewal at the time of the account opening or at about the time of the renewal; and (2) the consent is in writing or is evidenced by the original account agreement or by any memorandum or other record on file with the holder of the account.

 

Kentucky

Effective on July 14, 2018, Kentucky H.B. 394 enacts the Revised Uniform Unclaimed Property Act of 2016. it also requires the State Treasurer to submit a report on the status of the abandoned property fund to the Legislative Research Commission by December 15, 2018.

 

Missouri

Effective on Aug. 28, 2018, Missouri S.B. 644 creates the crime of failure to register with the state treasurer to claim property on behalf of another person for a fee, set as a class A misdemeanor. The claim form will provide notice of the requirement to register with the treasurer if one is acting as a compensated representative for another individual entitled to unclaimed property. It also allows the treasurer to review and withhold any claim until he or she is reasonably satisfied that the claim is legitimate and that the person making the claim is aware of the nature and potential value of his or her claim.

 

Effective on Aug, 28, 2018, Missouri H.B. 1879 revises notification and abandonment requirements pertaining to consumer deposit accounts with a banking or financial organization.

 

Effective on Aug. 28, 2018, Missouri S.B. 769 provides that whenever a consumer deposit account with a banking organization or financial organization has been inactive for 12 months or more and inactivity fees apply, the organization must notify the account holder of such inactivity through first class mail postage prepaid marked “Address Correction Requested” or through electronic notice if the consumer has agreed to this. Additionally, the bank must send annual statements for such account and charge a fee up to $5 per statement.

 

Pennsylvania

Effective on Dec. 25, 2018, Pennsylvania H.B. 152 requires life insurance providers to participate in the Life Policy Locator Service adopted by NAIC.

 

South Dakota

Effective on Jan. 1, 2019, South Dakota H.B. 45 revises certain provisions regarding the sale of unclaimed property. It extends the timeframe before the state treasurer can sell abandoned stocks, bonds, and other negotiable instruments from 90 to 180 days.

 

Utah

Effective on May 8, 2018, Utah S.B. 156 defines various terms, subjects stored-value cards and payroll cards to the Revised Uniform Unclaimed Property Act, provides a time period after which a stored-value card is considered unclaimed property, exempts 529 educational savings accounts from certain provisions, and addresses the State Tax Commission's responsibilities with regard to unclaimed property.

 

Virginia

Effective on July 1, 2018, Virginia S.B. 253 and H.B. 686 clarify the criteria that must be met for a bank or other financial organization to impose charges or cease to pay interest on a dormant or inactive account that differs from those imposed on active accounts. The holder may reverse or cancel dormancy charges or retroactively credit interest upon the request of the owner if it also does so for all such property that becomes subject to certain unclaimed property reporting requirements.

 

Wisconsin

Effective on April 5, 2018, Wisconsin S.B. 274 implements the Model Unclaimed Life Insurance Benefits Act prepared by the National Conference of Insurance Legislators. Generally, the bill addresses the obligations of an insurer providing life insurance policies, annuities, or retained asset accounts with respect to identifying insureds who have died and their beneficiaries.

 

For the latest information about these and other noteworthy unclaimed property bills, visit UPPO’s govWATCH website

Tags:  Arizona  Hawaii  Indiana  Kentucky  legislation  Missouri  Pennsylvania  South Dakota  unclaimed property  Utah  Virginia  Wisconsin 

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