reglab/housing_qa huggingface dataset:
HI Rev Stat § 523A-14 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-14 Claim of another state to recover property.

  §523A-14 Claim of another state to recover property. (a) Subject to the period of limitation set forth in section 523A-19(c), after property has been paid or delivered to the administrator under this part, another state may recover the property if:  (1) The property was paid or delivered to the custody of this State because the records of the holder did not reflect a last known location of the apparent owner within the borders of the other state and the other state establishes that the apparent owner or other person entitled to the property was last known to be located within the borders of that state and under the laws of that state the property has escheated or become subject to a claim of abandonment by that state;  (2) The property was paid or delivered to the custody of this State because the laws of the other state did not provide for the escheat or custodial taking of the property, and under the laws of that state subsequently enacted the property has escheated or become subject to a claim of abandonment by that state;  (3) The records of the holder were erroneous in that they did not accurately identify the owner of the property and the last known location of the owner within the borders of another state and under the laws of that state the property has escheated or become subject to a claim of abandonment by that state;  (4) The property was subjected to custody by this State under section 523A-5(6) and under the laws of the state of domicile of the holder the property has escheated or become subject to a claim of abandonment by that state; or  (5) The property is a sum payable on a traveler's check, money order, or similar instrument that was purchased in the other state and delivered into the custody of this State under section 523A-5(7), and under the laws of the other state the property has escheated or become subject to a claim of abandonment by that state.  (b) A claim of another state to recover escheated or abandoned property shall be presented in a form prescribed by the administrator, who shall decide the claim within ninety days after it is presented. The administrator shall allow the claim upon determining that the other state is entitled to the abandoned property under subsection (a).  (c) The administrator shall require another state, before recovering property under this section, to agree to indemnify this State and its officers and employees against any liability on a claim to the property. [L 2008, c 55, pt of §1; am L 2014, c 184, §1]
HI Rev Stat § 523A-15 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-15 Filing claim with administrator; handling of claims by administrator.

  §523A-15 Filing claim with administrator; handling of claims by administrator. (a) Subject to the period of limitation set forth in section 523A-19(c), a person, excluding another state, claiming property paid or delivered to the administrator may file a claim on a form prescribed by the administrator and verified by the claimant.  (b) Within one hundred twenty days after a claim is filed, the administrator shall allow or deny the claim and give written notice of the decision to the claimant. If the claim is denied, the administrator shall inform the claimant of the reasons for the denial and specify what additional evidence is required before the claim will be allowed. The claimant may then file a new claim with the administrator or maintain an action under section 523A-16.  (c) Within thirty days after a claim is allowed, the property or the net proceeds of a sale of the property shall be delivered or paid by the administrator to the claimant, together with any dividend, interest, or other increment to which the claimant is entitled under sections 523A-12 and 523A-13.  (d) A holder who pays the owner for property that has been delivered to the State and which, if claimed from the administrator by the owner would be subject to an increment under sections 523A-12 and 523A-13, may recover from the administrator the amount of the increment. [L 2008, c 55, pt of §1; am L 2014, c 184, §2]
HI Rev Stat § 523A-16 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-16 Action to establish claim.

  §523A-16 Action to establish claim. A person, excluding another state, aggrieved by a decision of the administrator or whose claim has not been acted upon within one hundred twenty days after its filing may maintain an original action to establish the claim in the circuit court, naming the administrator as a defendant. If the aggrieved person establishes the claim in an action against the administrator, the court may award the claimant reasonable attorney's fees. [L 2008, c 55, pt of §1]
HI Rev Stat § 523A-17 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-17 Election to take payment or delivery.

  §523A-17 Election to take payment or delivery. (a) The administrator may decline to receive property reported under this part that the administrator considers to have a value less than the expenses of notice and sale.  (b) A holder, with the written consent of the administrator and upon conditions and terms prescribed by the administrator, may report and deliver property before the property is presumed abandoned. Property so delivered shall be held by the administrator and shall not be presumed abandoned until it otherwise would be presumed abandoned under this part. [L 2008, c 55, pt of §1]
HI Rev Stat § 523A-18 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-18 Destruction or disposition of property having no substantial commercial value; immunity from liability.

  §523A-18 Destruction or disposition of property having no substantial commercial value; immunity from liability. If the administrator determines after investigation that property delivered under this part has no substantial commercial value, the administrator may destroy or otherwise dispose of the property at any time. An action or proceeding shall not be maintained against the State or any officer or against the holder for or on account of an act of the administrator under this section, except for intentional misconduct or malfeasance. [L 2008, c 55, pt of §1]
HI Rev Stat § 523A-19 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-19 Periods of limitation.

  §523A-19 Periods of limitation. (a) The expiration, before or after July 1, 2009, of a period of limitation on the owner's right to receive or recover property, whether specified by contract, statute, or court order, shall not preclude the property from being presumed abandoned or affect a duty to file a report or to pay or deliver or transfer property to the administrator as required by this part.  (b) An action or proceeding may not be maintained by the administrator to enforce this part in regard to the reporting, delivery, or payment of property more than ten years after the holder specifically identified the property in a report filed with the administrator or gave express notice to the administrator of a dispute regarding the property. In the absence of such a report or other express notice, the period of limitation shall be tolled. The period of limitation shall also be tolled by the filing of a report that is fraudulent.  (c) Beginning on July 1, 2014, any claim made under this part for funds in the unclaimed property trust fund shall be void if the claim is:  (1) For funds totaling less than $100; and  (2) Filed more than ten years after the date that the full amount of the claim was deposited into the unclaimed property trust fund; provided that for funds totaling less than $100 that were deposited into the unclaimed property trust fund on or prior to June 30, 2014, the ten-year time limitation on claiming the funds shall commence on July 1, 2014. Unclaimed funds subject to this subsection, upon the expiration of the ten-year time limitation, shall escheat to the State and be transferred to the general fund. [L 2008, c 55, pt of §1; am L 2014, c 184, §3]
HI Rev Stat § 523A-21 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-21 Retention of records.

  §523A-21 Retention of records. (a) Except as otherwise provided in subsection (b), a holder required to file a report under section 523A-8 shall maintain the records containing the information required to be included in the report for ten years after the holder files the report, unless a shorter period is provided by rule of the administrator.  (b) A business association or financial organization that sells, issues, or provides to others for sale or issue in this State, traveler's checks, money orders, or similar instruments other than third-party bank checks, on which the business association or financial organization is directly liable, shall maintain a record of the instruments while they remain outstanding, indicating the state and date of issue, for three years after the holder files the report. [L 2008, c 55, pt of §1]
HI Rev Stat § 523A-22 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-22 Enforcement.

  §523A-22 Enforcement. The administrator may maintain an action in this or another state to enforce this part. The court may award reasonable attorney's fees to the prevailing party. [L 2008, c 55, pt of §1]
HI Rev Stat § 523A-23 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-23 Interstate agreements and cooperation; joint and reciprocal actions with other states.

  §523A-23 Interstate agreements and cooperation; joint and reciprocal actions with other states. (a) The administrator may enter into an agreement with another state to exchange information relating to abandoned property or its possible existence. The agreement may permit the other state, or another person acting on behalf of a state, to examine records as authorized in section 523A-20. The administrator by rule may require the reporting of information needed to enable compliance with an agreement made under this section and prescribe the form.  (b) The administrator may join with another state to seek enforcement of this part against any person who is or may be holding property reportable under this part.  (c) At the request of another state, the attorney general of this State may maintain an action on behalf of the other state to enforce, in this State, the unclaimed property laws of the other state against a holder of property subject to escheat or a claim of abandonment by the other state, if the other state has agreed to pay expenses incurred by the attorney general in maintaining the action.  (d) The administrator may request that the attorney general of another state or another attorney commence an action in the other state on behalf of the administrator. With the approval of the attorney general of this State, the administrator may retain any other attorney to commence an action in this State on behalf of the administrator. This State shall pay all expenses, including attorney's fees, in maintaining an action under this subsection. With the administrator's approval, the expenses and attorney's fees may be paid from money received under this part. The administrator may agree to pay expenses and attorney's fees based in whole or in part on a percentage of the value of any property recovered in the action. Any expenses or attorney's fees paid under this subsection may not be deducted from the amount that is subject to the claim by the owner under this part. [L 2008, c 55, pt of §1]
HI Rev Stat § 523A-24 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-24 Interest and penalties.

  §523A-24 Interest and penalties. (a) A holder who fails to report, pay, or deliver property within the time prescribed by this part shall pay to the administrator interest at the annual rate of two percentage points above the annual rate of discount in effect on the date the property should have been paid or delivered for the most recent issue of fifty-two-week United States Treasury bills on the property or value thereof from the date the property should have been reported, paid, or delivered.  (b) Except as otherwise provided in subsection (c), a holder who fails to report, pay, or deliver property within the time prescribed by this part, or fails to perform other duties imposed by this part, shall pay to the administrator, in addition to interest as provided in subsection (a), a civil penalty of $200 for each day the report, payment, or delivery is withheld, or the duty is not performed, up to a maximum of $5,000.  (c) A holder who wilfully fails to report, pay, or deliver property within the time prescribed by this part, or wilfully fails to perform other duties imposed by this part, shall pay to the administrator, in addition to interest as provided in subsection (a), a civil penalty of $1,000 for each day the report, payment, or delivery is withheld, or the duty is not performed, up to a maximum of $25,000, plus twenty-five per cent of the value of any property that should have been but was not reported.  (d) A holder who makes a fraudulent report shall pay to the administrator, in addition to interest as provided in subsection (a), a civil penalty of $1,000 for each day from the date a report under this part was due, up to a maximum of $25,000, plus twenty-five per cent of the value of any property that should have been but was not reported.  (e) The administrator for good cause may waive, in whole or in part, interest under subsection (a) and penalties under subsections (b) and (c), and shall waive penalties if the holder acted in good faith and without negligence. [L 2008, c 55, pt of §1]
HI Rev Stat § 523A-25 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-25 Agreement to locate property.

  §523A-25 Agreement to locate property. (a) An agreement by an owner, the primary purpose of which is to locate, deliver, recover, or assist in the recovery of property that is presumed abandoned shall be void and unenforceable if it was entered into during the period commencing on the date the property was presumed abandoned and extending to a time that is twenty-four months after the date the property is paid or delivered to the administrator.  (b) An agreement by an owner, the primary purpose of which is to locate, deliver, recover, or assist in the recovery of property shall be enforceable only if the agreement is in writing, clearly sets forth the nature of the property and the services to be rendered, is signed by the apparent owner, and states the value of the property before and after the fee or other compensation has been deducted.  (c) If an agreement covered by this section applies to mineral proceeds and the agreement contains a provision to pay compensation that includes a portion of the underlying minerals or any mineral proceeds not then presumed abandoned, the provision shall be void and unenforceable.  (d) An agreement covered by this section that provides for compensation that exceeds twenty-five per cent of the total value of the property shall be unenforceable except by the owner. An owner who has agreed to pay compensation that exceeds twenty-five per cent of the total value of the property, or the administrator on behalf of the owner, may maintain an action to reduce the compensation to an amount not to exceed twenty-five per cent of the total value of the property. The court may award reasonable attorney's fees to an owner who prevails in the action.  (e) This section does not preclude an owner from asserting that an agreement covered by this section is invalid on grounds other than excessive or unjust compensation. The court may award reasonable attorney's fees to an owner who prevails in the action.  (f) This section does not apply to an owner's agreement with an attorney to file a claim as to identified property or contest the administrator's denial of a claim; provided that:  (1) An owner's agreement with an attorney covered by this subsection that provides for compensation shall not exceed twenty-five per cent of the total value of the property, except as provided in paragraph (2); and  (2) An owner's agreement with an attorney to maintain an action in circuit court under section 523A-16 may provide for compensation that exceeds twenty-five per cent of the total value of the property only upon approval of the court. [L 2008, c 55, pt of §1; am L 2012, c 229, §2; am L 2013, c 286, §1]
HI Rev Stat § 523A-26 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-26 Deposit of funds.

  §523A-26 Deposit of funds. (a) There is established in the state treasury the unclaimed property trust fund, which shall be administered by the administrator. All moneys collected by the unclaimed property program from holders of property presumed abandoned and all proceeds from the sale of unclaimed property, less costs in connection with the sale of the abandoned property, shall be deposited into the unclaimed property trust fund.  (b) Moneys in the unclaimed property trust fund shall be used for the payment of the following:  (1) Claims for the return of abandoned property to their rightful owners;  (2) Payment to other states' unclaimed property programs for owners whose last known address was in that other state;  (3) Any costs incurred in connection with the sale of abandoned property;  (4) Costs of mailing and publication in connection with any abandoned property;  (5) Reasonable service charges;  (6) Costs incurred in examining the records of holders of property and in collecting such property from those holders; and  (7) Any other charges, costs, or expenses incurred in the operation, administration, and enforcement of this part.  (c) Except as provided in section 523A-12, moneys in the unclaimed property trust fund shall be invested by the administrator, and all investment earnings shall be deposited to the credit of the general fund.  (d) All unencumbered and unexpended moneys in excess of $1,300,000 remaining on balance in the unclaimed property trust fund on June 30 of each year shall lapse to the credit of the state general fund. [L 2008, c 55, pt of §1]
HI Rev Stat § 523A-27 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-27 Foreign transactions.

  §523A-27 Foreign transactions. This part does not apply to property held, due, and owing in a foreign country and arising out of a foreign transaction. [L 2008, c 55, pt of §1]
HI Rev Stat § 523A-28 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-28 Transitional provisions.

  §523A-28 Transitional provisions. (a) An initial report filed under this part for property that was not required to be reported before July 1, 2009 but which is subject to this part shall include all items of property that would have been presumed abandoned during the ten-year period next preceding July 1, 2009 as if this part had been in effect during that period.  (b) This part does not relieve a holder of a duty that arose before July 1, 2009 to report, pay, or deliver property. Except as otherwise provided in section 523A-19(b), a holder who did not comply with the law in effect before July 1, 2009 shall be subject to the applicable provisions for enforcement and penalties which then existed, which are continued in effect for the purpose of this section. [L 2008, c 55, pt of §1] Revision Note  "July 1, 2009" substituted for "the effective date of this chapter".
HI Rev Stat § 523A-29 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-29 Rules.

  §523A-29 Rules. The administrator may adopt, pursuant to chapter 91, rules necessary to carry out this part. [L 2008, c 55, pt of §1]
HI Rev Stat § 523A-30 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-30 Uniformity of application and construction.

 §523A-30 Uniformity of application and construction. This part shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this part among states enacting it. [L 2008, c 55, pt of §1]
HI Rev Stat § 523A-51 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-51 Declaration of policy.

  §523A-51 Declaration of policy. It is the policy of this State to discover property in the custody of officers, departments, and agencies of the United States, which property is unclaimed or abandoned by owners whose addresses are known or presumed to be in this State. [L 1988, c 93, pt of §2]
HI Rev Stat § 523A-52 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-52 Definitions.

  §523A-52 Definitions. For purposes of this part, the following words shall have the following meanings:  "Unclaimed property" means any tangible personal property or intangible personal property, including money, deposits, choses in action in amounts certain, and all debts owed on entrusted funds or other property (except bonuses and gratuities) held by any federal agency or any officer or employee thereof, whether occasioned by contract or operation of law or otherwise, and all interest, income, or increment derived therefrom, less any lawful charges, which has remained unclaimed by the owner for:  (1) One year from the date of maturity or call for payment, if arising from transactions under the public debt; or  (2) One year after the property first became payable, demandable or returnable, if arising from any other transaction. [L 1988, c 93, pt of §2]
HI Rev Stat § 523A-53 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-53 Unclaimed property subject to delivery to State; presumptions.

  §523A-53 Unclaimed property subject to delivery to State; presumptions. (a) All intangible unclaimed property is subject to delivery to this State if the last known address of the owner is in this State. If the last known address of an owner is in this State, any other owner's address which is unknown shall be presumed to be in this State. If the last known addresses of owners are in this State and in one or more other states, the addresses of other owners whose addresses are unknown shall be presumed to be within this State if the federal agency or instrumentality having custody of the unclaimed property initially acquired possession in this State or if the federal agency or instrumentality possessing, holding, controlling, or owning such property is a corporation domiciled in this State. If the records of any officer, department, or agency of the United States do not disclose the address of any owner of unclaimed property, such address shall be presumed to be within this State if the federal agency having custody of the unclaimed property initially acquired possession in this State or is a corporation domiciled in this State. All addresses presumed to be within this State are presumed to be within the city and county of Honolulu. For the purpose of this part, it shall be presumed that the situs of intangible unclaimed property is in this State if the last known or presumed address of the owner is in this State.  (b) All tangible unclaimed property is subject to delivery in this State if the federal agency having custody of the unclaimed property initially acquired possession in this State. [L 1988, c 93, pt of §2]
HI Rev Stat § 523A-54 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-54 Request by director of finance for report of previously unreported information.

  §523A-54 Request by director of finance for report of previously unreported information. On the thirtieth day of June of each year, the director shall request the Comptroller General or other proper officer of the United States to report all previously unreported information relating to unclaimed property as determined by that officer pursuant to federal law. [L 1988, c 93, pt of §2]