Bill Summary for H 294 (2017-2018)

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Summary date: 

Apr 25 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 294 (Public) Filed Wednesday, March 8, 2017
AN ACT TO MAKE CHANGES TO THE NOTICE REQUIREMENTS AND PENALTY FOR THE DISPOSITION OF ABANDONED PROPERTY AND TO MAKE TECHNICAL AND CLARIFYING CHANGES TO THE UNCLAIMED PROPERTY STATUTES, AND TO MODIFY TERMS OF APPOINTMENT FOR VARIOUS BOARDS.
Intro. by Hurley.

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Bill summary

House committee substitute makes the following changes to the 1st edition:

Deletes amendments to GS 116B-70 (regarding the Treasurer's authority to destroy or dispose of abandoned property with no substantial commercial value).

Amends GS 116B-59 (Notice by holders to apparent owners). Replaces proposed references to "stocks" with references to "securities." Amends notice to apparent owner requirements to require holders to exercise reasonable care to ascertain that notice is being sent to the apparent owner's correct address, and deletes proposed language regarding database searches and notice by electronic mail. Amends the requirements for the contents of the written notice, restoring the requirement of a statement of the amount of the property.

Amends GS 116B-77. Deletes proposed separate civil penalty for failure to perform duties under GS 116B-59, and provides that failure to perform duties under that statute are subject to the already-existing civil penalty in this statute.

Amends a definition within GS 116B-52 to replace a reference to "stock" with a reference to "security."

Amends GS 116B-53 (Presumptions of abandonment) to replace references to "stock" with references to "security." Makes a conforming change.