43-41B-37. Effect of new provisions--Clarification of application.
(a)This chapter does not relieve a holder of a duty that arose before July 1, 1993, to report, pay, or deliver property. A holder who did not comply with the law in effect before July 1, 1993, is subject to the applicable enforcement and penalty provisions that then existed and they are continued in effect for the purpose of this subsection, subject to subdivision 43-41B-30(b).
(b)Except to the extent previously reported to a state, the initial report filed under this chapter for property that was not required to be reported before July 1, 1993, but which is subject to this chapter must include all items of property that would have been presumed abandoned during the ten-year period preceding July 1, 1993, as if this chapter had been in effect during that period.
Source: SL 1992, ch 312, §36; SL 1993, ch 326, §8.
Structure South Dakota Codified Laws
Chapter 41B - Uniform Unclaimed Property Act
Section 43-41B-1 - Definitions and use of terms.
Section 43-41B-2 - Property presumed abandoned--General rule.
Section 43-41B-3 - General rules for taking custody of intangible unclaimed property.
Section 43-41B-4 - Travelers checks and money orders.
Section 43-41B-6 - Bank deposits and funds in financial organizations.
Section 43-41B-7 - Funds owing under life insurance.
Section 43-41B-8 - Deposits held by utilities.
Section 43-41B-9 - Refunds held by business associations.
Section 43-41B-10 - Stock and other intangible interests in business associations.
Section 43-41B-11 - Property of business associations held in course of dissolution.
Section 43-41B-13 - Property held by agents and fiduciaries.
Section 43-41B-14 - Property held by courts and public agencies.
Section 43-41B-15 - Gift certificates and credit memos.
Section 43-41B-18 - Report of abandoned property.
Section 43-41B-20 - Payment or delivery of abandoned property.
Section 43-41B-22 - Crediting of dividends, interest, or increments to owner's account .
Section 43-41B-23 - Public sale of abandoned property.
Section 43-41B-23.1 - Sale of securities, stocks, bonds, and other intangible ownership interests.
Section 43-41B-24 - Deposit of funds.
Section 43-41B-24.1 - Continuous appropriation of fund--Report--Approval of certain expenditures.
Section 43-41B-25 - Filing claim with administrator--Handling of claims by administrator.
Section 43-41B-26 - Claim of another state to recover property--Procedure.
Section 43-41B-27 - Action to establish claim.
Section 43-41B-28 - Election to take payment or delivery.
Section 43-41B-30 - Period of limitation.
Section 43-41B-31 - Requests for reports and examination of records.
Section 43-41B-32 - Retention of records.
Section 43-41B-33 - Enforcement.
Section 43-41B-35 - Interest on untimely payments.
Section 43-41B-36 - Agreements to locate reported property.
Section 43-41B-37 - Effect of new provisions--Clarification of application.
Section 43-41B-40 - Open-loop prepaid cards exempt.
Section 43-41B-41 - Rewards cards exempt.
Section 43-41B-43 - Certain gift certificates and closed-loop prepaid cards exempt.