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John Bel Edwards is suing to use unclaimed funds

Posted on 2/7/20 at 8:41 am
Posted by papasmurf1269
Hells Pass
Member since Apr 2005
20887 posts
Posted on 2/7/20 at 8:41 am
LINK I don’t know which part he doesn’t understand about the fact that it is not the states money. But like any Democrat it’s full steam ahead no matter what
Posted by CarRamrod
Spurbury, VT
Member since Dec 2006
57429 posts
Posted on 2/7/20 at 8:53 am to
typical democrat. LEt me take what isnt mine and spend it. The tards in Louisiana who voted for this idiot deserves it.
Posted by Jimmy2shoes
The South
Member since Mar 2014
11004 posts
Posted on 2/7/20 at 9:07 am to
Democrats love spending other people's money
Posted by Motorboat
At the camp
Member since Oct 2007
22666 posts
Posted on 2/7/20 at 9:08 am to
quote:

I don’t know which part he doesn’t understand about the fact that it is not the states money.


quote:

For decades, the state treasurer has sent over millions of dollars a year in unclaimed property to the state general fund, where it can be spent by lawmakers and the governor on a wide range of areas. Unclaimed property is money from forgotten bank accounts, retirement accounts and other assets that are eventually taken over by the government.


The law specifically provides that the money is turned over to the state if unclaimed. don't be dense.
Posted by papasmurf1269
Hells Pass
Member since Apr 2005
20887 posts
Posted on 2/7/20 at 10:32 am to
quote:

The law specifically provides that the money is turned over to the state if unclaimed. don't be dense.
I didn’t see anything in the article that specifies that it is law
Posted by BigJim
Baton Rouge
Member since Jan 2010
14486 posts
Posted on 2/7/20 at 10:38 am to
Legally, JBE is correct.

Substantially, policy-wise, the Treasurer is correct.

The treasurer brought a constitutional amendment last year that would correct this issue, but JBE got Alario killed it in the Senate.

Posted by papasmurf1269
Hells Pass
Member since Apr 2005
20887 posts
Posted on 2/7/20 at 10:53 am to
quote:

The treasurer brought a constitutional amendment last year that would correct this issue, but JBE got Alario killed it in the Senate.
Guess that means game on
Posted by Aforem7
Baton Rouge
Member since Apr 2019
875 posts
Posted on 2/7/20 at 11:18 am to
The hypocrisy is hysterical. Had the governor been the one withholding the funds and Schroder suing, Schroder would be deemed a hero for standing up for the state
Posted by michael corleone
baton rouge
Member since Jun 2005
5807 posts
Posted on 2/7/20 at 11:30 am to
The problem is that most of the “unclaimed” money ended up in the Treasury bc a third party didn’t have the correct address for someone. My grandfather died and grandmother moved. He had a small (500-1000) insurance premium refund that was sent to the old house. They ended up sending it to the Treasurer. We found it by chance when searching the site. No one “forfeited” , let alone knew it existed. A lot of these are similar situations. I can’t grasp how anyone can believe the state has a right to the money. If it sits at the Treasury for more than 5-10 years, I get that the State May be able to own it via acquisitive prescription. Otherwise it should be for the citizen.
Posted by Aforem7
Baton Rouge
Member since Apr 2019
875 posts
Posted on 2/7/20 at 11:35 am to
Not commenting on the unclaimed funds because I honestly dont have much of an opinion on it. Just simply pointing out that had it been the other way around the story line would be flipped
Posted by teke184
Zachary, LA
Member since Jan 2007
94994 posts
Posted on 2/7/20 at 11:38 am to
Kennedy used to do a big “Your money!” push while Treasurer in dealing with this kind of thing.
Posted by 90proofprofessional
Member since Mar 2004
24445 posts
Posted on 2/7/20 at 11:39 am to
quote:

I didn’t see anything in the article that specifies that it is law


it is though

it seems extremely likely the gov gets his way in court
Posted by 90proofprofessional
Member since Mar 2004
24445 posts
Posted on 2/7/20 at 11:40 am to
quote:

Kennedy used to do a big “Your money!” push while Treasurer in dealing with this kind of thing.


supposedly the current guy ramped it up further, but they still have a bunch unclaimed
Posted by BigJim
Baton Rouge
Member since Jan 2010
14486 posts
Posted on 2/7/20 at 11:43 am to
Agree. The law favors JBE’s position...but the law is bad.

Given that he blocked the reform, I don’t think JBE has the high ground here.
Posted by Oilfieldbiology
Member since Nov 2016
37466 posts
Posted on 2/7/20 at 11:45 am to
Planet Money podcast on Escheat

I think this is some of the most bullshite thing I’ve ever heard of. Why not attempt to contact the account owners?
Posted by 90proofprofessional
Member since Mar 2004
24445 posts
Posted on 2/7/20 at 11:58 am to
quote:

Given that he blocked the reform

wasn't the "reform" something that'd have just given the Treasurer security for his own little Capital Outlay fund to use at his discretion?

if the argument is that this is the taxpayer's money and therefore should never go into the general fund, someone's talking out of both sides of their mouth here
Posted by BigJim
Baton Rouge
Member since Jan 2010
14486 posts
Posted on 2/7/20 at 12:03 pm to
I would have to double check but I think that state only got the interest from the unclaimed property.

Now it might have restricted the interest to capital outlay. And that would be fine.

If it put the process in the treasurer’s hands, then that would be stupid.
Posted by Golfer
Member since Nov 2005
75052 posts
Posted on 2/7/20 at 12:46 pm to
The original law is bullshite and needs to be fixed.

What I don’t understand is why can’t the state just park the $$$ in a money market and get the interest. And any accounts unclaimed over 5 years have a certain percentage withheld for the state as their cost of managing the funds.
Posted by Number 9 Fan
Baton Rouge
Member since Jan 2020
681 posts
Posted on 2/7/20 at 1:06 pm to
quote:

The original law is bull shite and needs to be fixed.

What I don’t understand is why can’t the state just park the $$$ in a money market and get the interest. And any accounts unclaimed over 5 years have a certain percentage withheld for the state as their cost of managing the funds.



I think common sense should apply. The state should spend a majority of the money, but keep a reserve such that if the money is claimed by the rightful owner they have the funds on hand to pay them.

Keeping the money into perpetuity does no good.
Posted by 90proofprofessional
Member since Mar 2004
24445 posts
Posted on 2/7/20 at 1:20 pm to
quote:

I would have to double check but I think that state only got the interest from the unclaimed property.

Now it might have restricted the interest to capital outlay. And that would be fine.

i'm pretty sure the general fund ultimately gets property deemed abandoned, but it could probably still be claimed. otherwise this fight over 25 million wouldn't make sense.

eta: i can see the bill. it's HB292 from last year. you're right- the capital outlay part would be securitized by cap gains and interest, not the whole fund.
This post was edited on 2/7/20 at 1:24 pm
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