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)]
HB 445 Original 2020 Regular Session Schexnayder
Abstract: Creates the La. Unclaimed Property Permanent Trust Fund (UCP Permanent Trust Fund)
to fund claims made by owners of unclaimed property.
Proposed constitutional amendment creates the UCP Permanent Trust Fund to be used solely for the
payment of claims made by owners. Further, exempts the UCP Permanent Trust Fund from present
constitution requirements relative to the Bond Security and Redemption Fund. Proposed
constitutional amendment prohibits appropriation from the UCP Permanent Trust Fund.
Proposed constitutional amendment requires the net amount of monies received pursuant to present
law (Uniform Unclaimed Property Act, R.S. 9:151 et seq.) be credited to the UCP Permanent Trust
Fund. Further provides that realized capital gains, dividend income, and interest income, earned on
investments in the fund, net of trust fund investment and administrative expenses, shall be deposited
into the State General Fund.
Proposed constitutional amendment requires the state treasurer to annually report the UCP
Permanent Trust Fund balance and the state's potential liability for unclaimed property claims to the
legislature and the governor. Further authorizes money to be deposited into the UCP Permanent
Trust Fund until the balance in that fund equals the state's reported potential liability for all
unclaimed property. Once this threshold is reached in the UCP Permanent Trust Fund, proposed
constitutional amendment requires any additional money received to be deposited into the State
General Fund.
Proposed constitutional amendment authorizes the state treasurer to invest up to 50% of the balance
in the UCP Permanent Trust Fund in equities. Requires the legislature to establish procedures for
the investment of the funds and authorizes the treasurer to contract for the management of the
investments.
Proposed constitutional amendment authorizes the treasurer to transfer money from the UCP
Permanent Trust Fund if claims for unclaimed property exceed receipts. Requires the treasurer to
certify the amount needed to pay claims received and immediately notify the legislature and the
governor of the new fund balance once he has transferred the money.
Provides for submission of the proposed amendment to the voters at the statewide election to be held
Nov. 3, 2020.
Effective July 1, 2021. (Adds Const. Art. VII, §10(F)(4)(i) and §28)