2006 Regular Session
To: Judiciary A
By: Representative Moak
AN ACT TO AMEND SECTION 89-12-3, MISSISSIPPI CODE OF 1972, TO CLARIFY CERTAIN DEFINITIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 89-12-3, Mississippi Code of 1972, is amended as follows:
89-12-3. As used in this act, unless the context otherwise requires:
(a) "Banking organization" means any national or state bank, trust company, savings bank, land bank, private banker, or any similar organization which is engaged in business in this state.
(b) "Business association" means any corporation, joint stock company, business trust, partnership, or any association for business purposes of two (2) or more individuals, whether organized for profit or nonprofit, including, but not limited to, a banking organization, financial organization, life insurance corporation and utility.
(c) "Financial organization" means any federal or state savings and loan association, building and loan association, credit union, cooperative bank or investment company, or any similar organization which is engaged in business in this state.
(d) "Holder" means any person in possession of property subject to the provisions of this act belonging to another, or who is trustee in case of a trust, or is indebted to another on an obligation subject to the provisions of this chapter.
(e) "Insurance corporation" means any association or corporation transacting in this state the business of insurance involving in any manner a person or property; however, this term does not include self-insured workers' compensation groups or associations comprised of members who have joint and several liability for the workers' compensation obligation of the other members.
(f) "Intangible personal property" includes, but is not limited to:
(i) Monies, checks, drafts, deposits, interest, dividends, and income;
(ii) Credit balances, customer overpayments, gift certificates, security deposits, refunds, credit memos, unpaid wages, unused airline tickets, and unidentified remittances; except future and prior dividends made by the workers' compensation groups or associations described in paragraph (e);
(iii) Monies deposited to redeem stocks, bonds, coupons, and other securities, or to make distributions;
(iv) Amounts due and payable under the terms of insurance policies;
(v) Amounts distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance, or similar benefits;
(vi) Shares of corporate stock and other intangible ownership interests in business associations; and
(vii) Bonds, notes and other debt obligations.
(g) "Owner" means a depositor in case of a deposit, a beneficiary in case of a trust, a creditor, claimant or payee in case of other choses in action, or any person having a legal or equitable interest in property subject to the provisions of this act, or his legal representative.
(h) "Apparent owner" means the person who appears from the records of the holder to be entitled to property held by the holder.
(i) "Person" means any individual, business association, government or political subdivision or agency, corporation, public authority, estate, trust, two (2) or more persons having a joint or common interest, or any other legal or commercial entity whether such person is acting in his own right or in a representative capacity.
(j) "Treasurer" means the State Treasurer of the State of Mississippi.
(k) "Utility" means any person who owns or operates in this state for public use, any plant, equipment, property, franchise, or license for the transmission of communications or the production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam or gas.
SECTION 2. This act shall take effect and be in force from and after July 1, 2006.