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HB0136 • 2020

Unclaimed property funds-investments.

AN ACT relating to the investment of unclaimed property funds; authorizing investment of unclaimed property funds in equities; amending the distribution of investment earnings from unclaimed property funds; naming existing accounts; providing immunity for certain actions; making conforming amendments; and providing for an effective date.

Budget
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Appropriations
Last action
2020-03-05
Official status
enrolled
Effective date
7/1/2020

Plain English Breakdown

The official source does not specify how earnings from investments will be used or what happens in case of losses, leaving these points as unknowns.

Investment Rules for Unclaimed Property Funds

The bill allows up to fifty percent of unclaimed property funds to be invested in equities like stocks and provides immunity from legal action for state officials involved in these investments.

What This Bill Does

  • Limits the amount that can go into this investment pool from unclaimed property funds to no more than 50%.
  • Separates out earnings from these investments into a different account for distribution.
  • Protects state officials from legal action related to how they invest unclaimed property money.

Who It Names or Affects

  • The State Treasurer and their team who manage the funds
  • People or businesses with unclaimed property in Wyoming

Terms To Know

Unclaimed Property
Money, stocks, bonds, or other assets that have been abandoned by their owners.
Pool A Investment Account
A special account where up to 70% of the funds can be invested in equities like stocks.

Limits and Unknowns

  • The bill does not specify how the earnings from investments will be used.
  • It is unclear what happens if there are losses on these investments.

Bill History

  1. 2020-03-05 LSO

    Assigned Chapter Number 11

  2. 2020-03-05 Governor

    Governor Signed HEA No. 0012

  3. 2020-03-04 Senate

    S President Signed HEA No. 0012

  4. 2020-03-04 House

    H Speaker Signed HEA No. 0012

  5. 2020-03-03 LSO

    Assigned Number HEA No. 0012

  6. 2020-03-03 Senate

    S 3rd Reading:Passed 30-0-0-0-0

  7. 2020-03-02 Senate

    S 2nd Reading:Passed

  8. 2020-02-28 Senate

    S COW:Passed

  9. 2020-02-26 Senate

    S Placed on General File

  10. 2020-02-26 Senate

    S02 - Appropriations:Recommend Do Pass 4-0-1-0-0

  11. 2020-02-24 Senate

    S Introduced and Referred to S02 - Appropriations

  12. 2020-02-17 Senate

    S Received for Introduction

  13. 2020-02-17 House

    H 3rd Reading:Passed 52-6-2-0-0

  14. 2020-02-14 House

    H 2nd Reading:Passed

  15. 2020-02-13 House

    H COW:Passed

  16. 2020-02-12 House

    H Placed on General File

  17. 2020-02-12 House

    H02 - Appropriations:Recommend Do Pass 7-0-0-0-0

  18. 2020-02-10 House

    H Introduced and Referred to H02 - Appropriations 59-0-1-0-0

  19. 2020-02-07 House

    H Received for Introduction

  20. 2020-02-07 LSO

    Bill Number Assigned

Official Summary Text

Bill Summary - 20LSO-0379
Bill No.:

HB0136

Effective:

7/1/2020 12:00:00 AM

LSO No.:

20LSO-0379

Enrolled Act No.:

HEA No. 0012

Chapter No.:

11

Prime Sponsor:

Joint Appropriations Committee

Catch Title:

Unclaimed property funds-investments.

Subject:

Authorizing investments of unclaimed property funds.

Summary/Major Elements:

The Uniform Unclaimed Property Act requires all abandoned and unclaimed property to be held by the State Treasurer for the owner's benefit until claimed by the owner.

The act authorizes the State Treasurer to invest up to fifty percent (50%) of the unclaimed property funds in the Pool
A
Investment Account, which authorizes investment of up to seventy percent (70%) of the funds in Pool A in equities. The act provides that no action can be brought against the State Treasurer or his designee for any act or decision involving the investment of unclaimed property.

The act also distinguishes between two (2) existing unclaimed property accounts: one (1) for the property itself, and one (1) for the investment earnings from the unclaimed property account.

The act rearranges existing statutory language to improve clarity.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text
20LSO-0379

ORIGINAL House

Bill No
.
HB0136

ENROLLED ACT NO. 12,

HOUSE OF REPRESENTATIVES

SIXTY-FIFTH LEGISLATURE OF THE STATE OF WYOMING
2020 Budget Session

AN ACT relating to the investment of unclaimed property funds; authorizing investment of unclaimed property funds in equities; amending the distribution of investment earnings from unclaimed property funds; naming existing accounts; providing immunity for certain actions; making conforming amendments; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 9
‑
4
‑
715(p) by creating a new paragraph (viii) and 34
‑
24
‑
124 are amended to read:

9
‑
4
‑
715.

Permissible investments.

(p)

There is created the pool A investment account. The state treasurer, or his designee, which shall be registered under the Investment Advisor's Act of 1940 as amended if required to be registered by the terms of that act as amended, pursuant to subsections (c) and (d) of this section and after consultation with the state agency or agencies receiving or administering investment earnings from the monies invested in the pool A investment account, may invest up to seventy percent (70%) of the monies comprising the pool A investment account in equities including stocks of corporations. The state loan and investment board, in consultation with the state agency or agencies receiving or administering investment earnings from the monies invested in the pool A investment account, shall annually review the state investment policy statements for the investment pool created by this subsection as required under W.S. 9
‑
4
‑
716. Monies in the following funds shall be invested in the pool A investment account:

(viii)

Not more than fifty percent (50%) of all funds received under the Uniform Unclaimed Property Act that are deposited into the unclaimed property account created by W.S. 34
‑
24
‑
124, excluding investment earnings from the account.

34
‑
24
‑
124.

Deposit of funds; investment of funds; loans; immunity from liability.

(a)

Except as otherwise provided by this section, the administrator shall promptly deposit in
a separate
the unclaimed property
account all funds received under this act, including the proceeds from the sale of abandoned property under W.S. 34
‑
24
‑
123.
Before making the deposit, the administrator shall record the name and last known address of each person appearing from the holders' reports to be entitled to the property and the name and last known address of each insured person or annuitant and beneficiary and with respect to each policy or contract listed in the report of an insurance company its number, the name of the company and the amount due. The claimant's name and last
known address shall be available for public inspection at all reasonable business hours.

(b)

The administrator or his designee shall invest the funds in the unclaimed property account created by subsection (a) of this section as authorized by law in a manner to obtain the highest return possible consistent with the purposes of this act.

Interest
Investment earnings
from the account shall be deposited into
another separate
the unclaimed property investment earnings
account. There is continuously appropriated to the administrator from the
interest
unclaimed property investment earnings
account an amount equal to the administrator's expenses in carrying out this act. Annually
after the end of each fiscal year
the administrator shall deposit in the general fund
interest
investment earnings
earned on the
unclaimed property
account which
exceeds
exceed
the amount necessary to administer this act
for the fiscal year and which exceeds the amount equal to one hundred percent (100%) of the immediately prior biennium's appropriation for the unclaimed property division
.
Before making the deposit, the administrator shall record the name and last known address
of each person appearing from the holders' reports to be entitled to the property and the name and last known address of each insured person or annuitant and beneficiary and with respect to each policy or contract listed in the report of an insurance company its number, the name of the company and the amount due. The claimant's name and last known address shall be available for public inspection at all reasonable business hours.

(c)

An action or proceeding shall not be commenced against the state, the administrator or his designee because of an act of the administrator under this section or under W.S. 9-4-715(p)(viii) involving the investment of unclaimed property funds.

Section 2
.

This act is effective July 1, 2020
.

(END)

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