Regulatory Analysis
On January 17, 2024, the Hawaii Senate introduced SB 2130 proposing to add an additional due diligence mailing for financial organizations. If passed, financial organizations will be required to send written notice “to each person listed in the holder’s records as potentially having an interest in the property, regardless of whether the person is an […]
On January 18, 2024, a draft, IA D 5342, was prefiled. This draft proposes to amend the current unclaimed property law by adding new sections addressing virtual currency and amending the report of abandoned property section of the current law. The changes are as follows. Virtual Currency A definition for virtual currency is added to […]
FL HB 989 was prefiled on December 21, 2023. This bill proposes sweeping amendments to Florida’s unclaimed property law. The proposed changes are as follows: Definitions New definitions are added for Audit, Audit Agent, Claimant Representative, Electronic, Person, Record, Unclaimed Property Purchase Agreement, Unclaimed Property Recovery Agreement, and Virtual Currency The definition of “Banking Organization” […]
This is to advise that the State of Washington has introduced companion bills addressing unclaimed gift cards. House Bill 2095 and Senate Bill 5988 were prefiled on January 3, 2024, and January 4, 2023, respectively, and both were introduced on January 8, 2024. The bills seek to remove the gift card exemption from Washington’s Unclaimed […]
This is to advise that the Oregon House Bill was enacted on 7/13/23. The new law becomes effective on 1/1/24. This law focuses on due diligence, securities, and abandonment presumptions and provides detailed updates to the current legislation. This law enacts changes in the following areas: Definitions: A new definition of Security A new definition […]
Companion bills have been introduced in Iowa proposing to amend the banking provisions in Iowa’s Unclaimed Property law to include electronic messaging as an activity that constitutes contact. On January 17, 2023, Iowa House Study Bill 33 was introduced and on January 18, 2023, Senate Study Bill 1055 was introduced. The identical bills propose to […]
On January 17, 2023, Oregon Senate Bill 311 was introduced. The bill proposes to amend Oregon’s False Claims Act. Because False Claims Act violations are increasingly being alleged against holders regarding their unclaimed property reporting, it’s important to take note of states’ actions relating to their False Claims laws. Oregon is now proposing to increase […]
On January 17, 2023, Oregon House Bill 2160 was introduced. The bill proposes to amend both the securities and wages provisions in Oregon’s unclaimed property law. Securities 1. Presumption of Abandonment – Under the current law, securities are presumed abandoned after a period of 3 years when: (1) A dividend, distribution or other sum has […]
On December 29, 2022, President Biden signed the Omnibus Bill (HR 2617) also known as SECURE ACT 2.0. The new law includes provisions that will incrementally increase the required beginning date for Mandatory Distributions for Individual Retirement Accounts. In most states, for purposes of unclaimed property, the dormancy trigger period is delayed until the requirement […]
California recently introduced two new questions to their state income tax forms regarding unclaimed property compliance; Has the company ever filed unclaimed property reports with the state of California and if yes, how much? Based on what we know today, we’re anticipating that California will use the information garnered through the responses to identify organizations […]
On February 16, 2022, California introduced AB 2280 allowing the California Controller to establish a California Voluntary Compliance Program (VDA Program). Interest due on late reported property will be waived for holders completing the program. The VDA program will be available to any holder who has failed to timely report property. However, a holder is […]
NY AB 7742 was introduced on May 21, 2021. Click here to read a copy of the bill. This proposed legislation is significant because it defines virtual currency and provides guidelines for reporting. A dormancy period of 3 years will be used. The state would be able to accept the currency in native units so […]
The Washington Department of Revenue has rolled out a new website to make reporting and claiming of property easier. The new website, claimyourcash.org, has features to simplify the claims process: Claims that meet a certain criteria can now be fast tracked and processed within 5 days. The website has a mobile friendly design to make […]
Enacted by signature of the Governor and effective April 28, 2021. These are companion bills with identical wording. These bills make changes to the state’s existing law. The bills can be found here. The amendments to the law will change the date used to determine when property held in a pension or retirement account that […]
ND S 2048: Enacted – Variation of the “Revised Uniform Unclaimed Property Act” Enacted by signature of the Governor on April 19, 2021. The bill enacts RUUPA legislation. The bill is effective August 1, 2021. The changes will impact reporting for 2022. The new law has standard RUUPA provisions with a few exceptions. Dormancy for […]
Introduced April 14, 2021 this bill, if enacted, would become effective on August 1, 2021; with certain provisions applying retroactively to any claims, examinations, or litigation pending as of the effective date. This proposed bill covers three areas: audit practices, Voluntary Disclosure Agreements (VDA’s) and Individual Retirement Accounts (IRA’s). If passed this bill would expand […]
Introduced April 14, 2021 this bill, if enacted, would become effective on August 1, 2021. This bill would add provisions to the Delaware Unclaimed Property Act specifically requiring the reporting and remittance of virtual currency. DE S 103 defines virtual currency as a digital representation of value, including cryptocurrency, that does not have legal tender […]
Enacted and effective by signature of the Governor on April 15, 2021. The bill makes multiple changes to the Revised Uniform Unclaimed Property Act (the “Act”). This bill provides a specific definition of Financial Organization Loyalty Cards and exempts such items from the definition of Property under the Act. CO S 121 also removed two […]