Louisiana 2012 Regular Session

Louisiana House Bill HB537 Latest Draft

Bill / Introduced Version

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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 537
BY REPRESENTATIVE ROBIDEAUX
PROPERTY/UNCLAIMED:  Provides with respect to the Uniform Unclaimed Property Act
AN ACT1
To amend and reenact R.S. 9:161(A)(introductory paragraph), (2), and (3), and (C) and to2
enact R.S. 9:161(D), relative to the Uniform Unclaimed Property Act; to provide3
relative to the administration of unclaimed property; to provide for publication of4
notice of unclaimed property; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 9:161(A)(introductory paragraph), (2), and (3), and (C) are hereby7
amended and reenacted and R.S. 9:161(D) is hereby enacted  to read as follows: 8
ยง161.  Notice and publication of lists of abandoned property9
A. The administrator shall cause a notice to be published not later than10
November thirtieth of the year following the year in which abandoned property has11
been paid or delivered to the administrator. The notice shall be published in a12
newspaper of general circulation in the parish of this state in which is located the last13
known address of any person named in the notice is located. If a holder does not14
report an address for the apparent owner, or the address is outside this state, the15
notice shall be published in the parish in which the holder has its principal place of16
business within this state or another parish that the administrator reasonably selects.17
The advertisement notice shall be in a form that, in the judgment of the18
administrator, is likely to attract the attention of the apparent owner of the unclaimed19
property.  The form shall contain the following information:20
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HB NO. 537
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(2) The last known address or general location of each person appearing to1
be the owner of the property, if an address or general location is set forth in the2
report filed by the holder.3
(3) A statement explaining that the property of the owner is presumed to be4
abandoned and has been taken into the protective custody of the administrator.5
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C.(1) In a parish where the number of reported owners of abandoned7
property exceeds five thousand in a year, the administrator may elect to publish the8
notice on the Internet website or portal of the designated newspaper of general9
circulation.10
(2) When the administrator elects to proceed in accordance with the11
provisions of Paragraph (1) of this Subsection, a minimum of five thousand owners12
of abandoned property, to be determined by the administrator, shall be published as13
a notice in a traditional newspaper advertisement of the same designated newspaper14
of general circulation.15
D. The administrator shall, not less than thirty days prior to any notice of16
unclaimed property being published in any newspaper, mail or provide electronically17
to each legislator a list of the names and addresses of all unclaimed property owners18
by parish of last known residence for the parishes in the legislator's district and the19
amount of property unclaimed. The administrator shall not send any written20
communication to any unclaimed property owner until thirty days following the21
notice required by this Subsection.22
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Robideaux	HB No. 537
Abstract: Authorizes the notice of the list of unclaimed property owners to be published
on the Internet in certain circumstances.
Present law provides that the administrator shall cause a notice to be published not later than
Nov. 30 of the year following the year in which abandoned property has been paid or HLS 12RS-1229	ORIGINAL
HB NO. 537
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
delivered to the administrator, and requires the notice to be published in a newspaper of
general circulation in the parish of this state in which the last known address of any person
named in the notice is located.
Present law provides for the contents of the notice which shall include, in part, the name of
each person appearing to be the owner of the property, and the last known address or
location of each person appearing to be the owner of the property.
Proposed law specifies that the location of the person appearing to be the owner of the
property may be a general location.
Proposed law provides that in a parish where the number of reported owners of abandoned
property exceeds 5,000 in a year, the administrator may elect to publish the notice on the
Internet website or portal of the designated newspaper of general circulation, and if he elects
to do so, also publish a minimum of 5,000 owners of abandoned property as a notice in a
traditional newspaper advertisement.
Present law provides that the administrator shall mail a list to each legislator the names and
addresses of those persons in that legislator's district.
Proposed law authorizes the list to be provided electronically.
(Amends R.S. 9:161(A)(intro. para.), (2), and (3), and (C); Adds R.S. 9:161(D))