UNIFORM UNCLAIMED PROPERTY ACT - S.B. 1369 (S-1): FLOOR ANALYSIS
Senate Bill 1369 (Substitute S-1 as reported)
Sponsor: Senator Joanne G. Emmons
Committee: Finance
CONTENT
The bill would amend the Uniform Unclaimed Property Act to prohibit the State Treasurer and the Department of Treasury from hiring, employing, or contracting with third party auditors to find abandoned property or investigate a property holder; and reduce the minimum period of time that a holder must maintain certain records.
The Act specifies the conditions under which property is considered abandoned, creates a general presumption of abandonment of unclaimed property after five years, provides for public notice of abandoned property, and provides for the disposition, sale, reclaiming, and reimbursement for sale of abandoned property. In general, all property that is held, issued, or owing in the ordinary course of a holder's business and remains unclaimed by the owner for more than five years after it becomes payable or distributable, is presumed abandoned. "Holder" means a trustee or a person who possesses property belonging to another or is indebted to another on an obligation. Abandoned property is subject to the custody of the State as provided in the Act.
Under the Act, a person holding property presumed abandoned must send certain reports to the State Treasurer regarding the property. A holder who is required to file a report as to any property for which it has obtained the last known address of the owner, must maintain a record of the name and address for 10 years after the property becomes reportable. The bill would reduce the time period to five years.
MCL 567.252 et al. - Legislative Analyst: George Towne
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
Date Completed: 11-18-02 - Fiscal Analyst: Jessica RunnelsFloor\sb1369 - Bill Analysis @ www.senate.michigan.gov/sfa
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.