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Senate Study Bill 1018

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  556.3A  UNCLAIMED DEMUTUALIZATION
  1  2 PROCEEDS HELD BY INSURANCE COMPANIES.
  1  3    Property distributable in the course of demutualization or
  1  4 related reorganization of an insurance company that remains
  1  5 unclaimed is deemed abandoned two years after the earlier of:
  1  6    1.  The first date on which the property of an insurance
  1  7 company being demutualized or reorganized was distributable.
  1  8    2.  The date of last contact by the insurance company with
  1  9 a policyholder.
  1 10    Sec. 2.  Section 556.9, subsection 1, Code 2003, is amended
  1 11 to read as follows:
  1 12    1.  All intangible personal property, not otherwise covered
  1 13 by this chapter, including any income or increment earned on
  1 14 the property and deducting any lawful charges, that is held or
  1 15 owing in this state in the ordinary course of the holder's
  1 16 business and has remained unclaimed by the owner for more than
  1 17 three years after it became payable or distributable is
  1 18 presumed abandoned.  However, unpaid wages, including wages
  1 19 represented by payroll checks or other compensation for
  1 20 personal services owing in the ordinary course of the holder's
  1 21 business that remain unclaimed by the owner for more than one
  1 22 year after becoming payable are presumed abandoned.
  1 23    Sec. 3.  Section 556.11, subsection 4, Code 2003, is
  1 24 amended to read as follows:
  1 25    4.  The report shall be filed annually before November 1
  1 26 for the fiscal year ending on the preceding June 30.  However,
  1 27 the report of unclaimed demutualization proceeds as provided
  1 28 in section 556.3A shall be made before May 1 for the preceding
  1 29 calendar year.  The treasurer of state may postpone the
  1 30 reporting date upon written request by any person required to
  1 31 file a report.
  1 32    Sec. 4.  Section 556.12, subsection 1, Code 2003, is
  1 33 amended to read as follows:
  1 34    1.  If a report has been filed with the treasurer of state,
  1 35 or property has been paid or delivered to the treasurer of
  2  1 state, for the fiscal year ending on June 30 or in the case of
  2  2 unclaimed demutualization proceeds, for the preceding calendar
  2  3 year as required by section 556.11, the treasurer of state
  2  4 shall provide for the publication annually of at least one
  2  5 notice not later than the following November 30.  Each notice
  2  6 shall be published at least once each week for two successive
  2  7 weeks in an English language newspaper of general circulation
  2  8 in the county in this state in which is located the last known
  2  9 address of any person to be named in the notice.  If an
  2 10 address is not listed or if the address is outside this state,
  2 11 the notice shall be published in the county in which the
  2 12 holder of the abandoned property has its principal place of
  2 13 business within this state.
  2 14    Sec. 5.  EFFECTIVE DATE.  Sections 1, 3, and 4 of this Act,
  2 15 being deemed of immediate importance, take effect upon
  2 16 enactment.  
  2 17                           EXPLANATION
  2 18    This bill specifies that unclaimed insurance company
  2 19 demutualization proceeds are deemed abandoned the earlier of
  2 20 two years after the first distribution date or two years after
  2 21 the last contact date with the policyholder.  The insurance
  2 22 company must submit its report on these presumed abandoned
  2 23 proceeds by May 1 instead of November 1.
  2 24    The bill also sets the period for presuming the abandonment
  2 25 of unpaid wages at one year.
  2 26    The provisions relating to unclaimed demutualization
  2 27 proceeds take effect upon enactment.  
  2 28 LSB 1254XD 80
  2 29 mg/sh/8
     

Text: SSB01017                          Text: SSB01019
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