Louisiana 2021 Regular Session

Louisiana Senate Bill SB74

Introduced
3/24/21  
Introduced
3/24/21  
Refer
3/24/21  
Refer
3/24/21  
Refer
4/12/21  
Refer
4/12/21  
Report Pass
4/28/21  
Engrossed
5/5/21  
Engrossed
5/5/21  
Refer
5/6/21  
Refer
5/6/21  
Report Pass
5/19/21  
Report Pass
5/19/21  
Enrolled
6/1/21  
Enrolled
6/1/21  
Chaptered
6/4/21  
Passed
6/4/21  

Caption

Provides for the disposition of abandoned property deposited at the state archives. (gov sig) (EN SEE FISC NOTE GF EX See Note)

Impact

The implementation of SB 74 is designed to reduce the backlog of unclaimed property within the state archives and provide clarity regarding ownership and claim processes. By clearly defining what constitutes abandoned property and the procedure for handling such assets, the bill provides a method for the state to manage its historical records more efficiently. This change has implications for property owners and their ability to reclaim items previously deposited at the archives, potentially affecting how long records and property can sit unclaimed before being considered abandoned.

Summary

Senate Bill 74 aims to streamline the process for the disposition of property that has been deposited with the state archives. Under this bill, any property held by the state archives for more than ten years, for which no claim has been made, will be considered abandoned and can be taken over by the state archives, provided specific procedures are followed. The bill outlines requirements for notifying potential claimants, including the publication of notices in local newspapers to alert the last known owners about their property being designated as abandoned.

Sentiment

The sentiment surrounding SB 74 appears to be generally positive among legislators, as evidenced by the unanimous support in the House vote, where the final passage received 99 votes in favor and none against. This bipartisan backing reflects a shared recognition of the necessity to manage state property effectively and streamline the administrative processes involved in handling public records. The clear procedural mechanisms outlined in the bill may also instill confidence that property owners will have fair notification opportunities regarding claims.

Contention

While the bill has received broad support, there is an acknowledgment of potential concerns from individuals who may not have been aware that their property was being held by the state archives for an extended period. Some critics could argue that the timeline for claims—specifically the sixty-five day window after the second notice—is insufficient, particularly for individuals living outside Louisiana or those who may not receive notifications. The discussion about adequate notification practices could lead to further debate on how states handle abandoned property and the rights of original owners.

Companion Bills

No companion bills found.

Previously Filed As

LA HB362

Provides that the secretary of state is the chief protocol officer of the state (OR NO IMPACT See Note)

LA HB395

Provides relative to filings with the secretary of state's office

LA SB146

Provides relative to the preservation of public records. (gov sig)

LA HB211

Provides relative to business filings with the secretary of state

LA HB297

Provides relative to the secretary of state's office

LA SB3

Provides for the treasurer and the secretary of state to be members of the board of trustees. (6/30/17) (EN +$48,572 APV)

LA HB151

Provides relative to the sale of maps and the conduct of certain elections by secretary of state and to dedicate the revenues received for such services (EN INCREASE SD RV See Note)

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