reglab/housing_qa huggingface dataset:
AL Code § 35-12-84 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 12 - Lost or Unclaimed Property.|Article 2 - Uniform Disposition of Unclaimed Property Act.|Article 2A - Uniform Disposition of Unclaimed Property Act of 2004.|Section 35-12-84 - Filing of a Claim - Intestate and Small Claims.

Section 35-12-84Filing of a claim - intestate and small claims. (a) The surviving spouse or, if none, the surviving child or children or, if none, the surviving parent or parents of an abandoned property owner who has died intestate may claim the abandoned property under this section, and will have a defeasible right to the property, if all of the following conditions exist: (1) The aggregate value of the abandoned property held on behalf of the owner, as established by rule, must not exceed the amount allowed in Section 43-2-692. (2) The claim need not be accompanied by an order of a probate court if the claimant files documentation established in the rules, including, but not limited to, a. a written confirmation by the probate court that no estate has been opened or filed; b. an affidavit, signed by all beneficiaries, as applicable, stating that all beneficiaries have amicably agreed among themselves upon a division of the property; c. supporting documentation showing heir rights; and d. authorization to release the name and address of the claimant to subsequent claimants. (b) Nothing in this section shall be construed to remove the jurisdiction of the probate court in matters of estates. (c) A person may claim abandoned property in his or her name under this section and will have a defeasible right to the property, if all of the following conditions exist: (1) The aggregate amount value of the abandoned property held on behalf of the owner is equal to or less than two hundred dollars ($200), or a greater amount if established by rule. (2) The claim is accompanied by an affidavit swearing to the authenticity of a claim and lack of matching documentation, an authorization to release the name and address of the claimant to subsequent claimants, and any other required documentation if established by rule. (d) Any person to whom payment, delivery, transfer, or issuance is made under this section shall be answerable and accountable therefor to any heir of the decedent, to any person having a superior right to the decedent's property, or to the surviving spouse, children, or parents of the decedent who shall proceed against such person. This liability shall only be to the extent of the value of the property received by each person under this section. (e) Any person who was lawfully entitled to share in the property but did not receive his or her share of the property may enforce his or her rights in appropriate legal proceedings against those who received the property. (Act 2004-440, p. 755, §1; Act 2013-91, p. 192, §1.)
AL Code § 35-12-85 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 12 - Lost or Unclaimed Property.|Article 2 - Uniform Disposition of Unclaimed Property Act.|Article 2A - Uniform Disposition of Unclaimed Property Act of 2004.|Section 35-12-85 - Action to Establish a Claim.

Section 35-12-85Action to establish a claim. A person aggrieved by a decision of the Treasurer or whose claim has not been acted upon within 120 days after its filing may maintain an original action to establish the claim in the Circuit Court of Montgomery County, Alabama, naming the Treasurer as a defendant. In any proceeding for determination of a claim to property under this article, the burden shall be upon the claimant to establish entitlement to the property by a preponderance of evidence. The proceeding shall be brought by the claimant within 90 days after the decision of the Treasurer. (Act 2004-440, p. 755, §1.)
AL Code § 35-12-86 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 12 - Lost or Unclaimed Property.|Article 2 - Uniform Disposition of Unclaimed Property Act.|Article 2A - Uniform Disposition of Unclaimed Property Act of 2004.|Section 35-12-86 - Election to Take Payment or Delivery.

Section 35-12-86Election to take payment or delivery. (a) The Treasurer may decline to receive property reported under this article which the Treasurer considers to have a value less than the expenses of notice and sale. (b) A holder, with the written consent of the Treasurer and upon conditions and terms prescribed by the Treasurer, may report and deliver property before the property is presumed abandoned. A holder exempt from reporting, upon conditions and terms prescribed by the Treasurer, may voluntarily report. Property delivered under this section is deemed abandoned upon receipt by the Treasurer and shall be handled in the same manner as other abandoned property under this article. (Act 2004-440, p. 755, §1; Act 2013-91, p. 192, §1.)
AL Code § 35-12-87 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 12 - Lost or Unclaimed Property.|Article 2 - Uniform Disposition of Unclaimed Property Act.|Article 2A - Uniform Disposition of Unclaimed Property Act of 2004.|Section 35-12-87 - Disposition of Property Having No Substantial Commercial Value.

Section 35-12-87Disposition of property having no substantial commercial value. If the Treasurer determines after investigation that property delivered under this article has no substantial commercial value, the Treasurer may destroy or otherwise dispose of the property at any time. An action or proceeding may not be maintained against the state, the Treasurer, or the holder for or on account of an act of the Treasurer under this section, except for intentional misconduct of malfeasance. (Act 2004-440, p. 755, §1.)
AL Code § 35-12-88 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 12 - Lost or Unclaimed Property.|Article 2 - Uniform Disposition of Unclaimed Property Act.|Article 2A - Uniform Disposition of Unclaimed Property Act of 2004.|Section 35-12-88 - Periods of Limitation.

Section 35-12-88Periods of limitation. (a) The expiration, before or after May 12, 2004, of a period of limitation on the owner's right to receive or recover property, whether specified by contract, statute, or court order, does 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 Treasurer as required by this article. (b) An action or proceeding may not be maintained by the Treasurer to enforce this article in regard to the reporting, delivery, or payment of property more than 10 years after the holder specifically identified the property in a report filed with the Treasurer or gave express notice to the Treasurer of a dispute regarding the property. In the absence of such a report or other express notice, the period of limitation is tolled. The period of limitation is also tolled by the filing of a report that is fraudulent. (Act 2004-440, p. 755, §1.)
AL Code § 35-12-90 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 12 - Lost or Unclaimed Property.|Article 2 - Uniform Disposition of Unclaimed Property Act.|Article 2A - Uniform Disposition of Unclaimed Property Act of 2004.|Section 35-12-90 - Retention of Records.

Section 35-12-90Retention of records. (a) Except as otherwise provided in subsection (b), a holder required to file a report under Section 35-12-76 shall maintain the records containing the information required to be included in the report for 10 years after the holder files the report, unless a shorter period is provided by rule of the Treasurer. (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. (Act 2004-440, p. 755, §1.)
AL Code § 35-12-91 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 12 - Lost or Unclaimed Property.|Article 2 - Uniform Disposition of Unclaimed Property Act.|Article 2A - Uniform Disposition of Unclaimed Property Act of 2004.|Section 35-12-91 - Interstate Agreements.

Section 35-12-91Interstate agreements. (a) The Treasurer 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 35-12-89. The Treasurer, 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 Treasurer may join with another state to seek enforcement of this article against any person who is or may be holding property reportable under this article. (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 Attorney General of this state may request the attorney general of another state or another attorney commence an action in the other state on behalf of the Treasurer. With the approval of the Attorney General of this state, the Treasurer may retain any other attorney to commence an action in this state on behalf of the Treasurer. This state shall pay all expenses, including attorney's fees, in maintaining an action under this subsection. With the Treasurer's approval, the expenses and attorney's fees may be paid from money received under this article. 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 article. (Act 2004-440, p. 755, §1.)
AL Code § 35-12-92 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 12 - Lost or Unclaimed Property.|Article 2 - Uniform Disposition of Unclaimed Property Act.|Article 2A - Uniform Disposition of Unclaimed Property Act of 2004.|Section 35-12-92 - Penalties and Enforcement.

Section 35-12-92Penalties and enforcement. (a) A holder who fails to report, pay, or deliver property within the time prescribed by this article, or fails to perform other duties imposed by this article, shall pay to the Treasurer for credit to the General Fund a civil penalty of one hundred dollars ($100) for each business day the report, payment, or delivery is withheld, or the duty is not performed, up to a maximum of five thousand dollars ($5,000). (b) A holder who willfully fails to report, pay, or deliver property within the time prescribed by this article, or willfully fails to perform other duties imposed by this article, shall pay to the Treasurer for credit to the General Fund a civil penalty of five hundred dollars ($500) for each business day the report, payment, or delivery is withheld, or the duty is not performed, up to a maximum of twenty-five thousand dollars ($25,000). (c) A holder who makes an intentional fraudulent report shall pay to the Treasurer for credit to the General Fund a civil penalty of one thousand dollars ($1,000) for each business day from the date a report under this article was due, up to a maximum of twenty-five thousand dollars ($25,000). (d) The Treasurer for good cause may waive, in whole or part, penalties under subsections (a) and (b); and shall waive penalties if the holder acted in good faith. (e) The Attorney General may maintain an action in this or another state to enforce this article. (Act 2004-440, p. 755, §1.)
AL Code § 35-12-93 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 12 - Lost or Unclaimed Property.|Article 2 - Uniform Disposition of Unclaimed Property Act.|Article 2A - Uniform Disposition of Unclaimed Property Act of 2004.|Section 35-12-93 - Agreement to Locate Property.

Section 35-12-93 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, is 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 24 months after the date the property is paid or delivered to the Treasurer. This subsection does not apply to an owner's agreement with an attorney to file a claim as to identified property or contest the Treasurer's denial of a claim. (b) An agreement by an owner, the primary purpose of which is to locate, deliver, recover, or assist in the recovery of property, is enforceable only if the agreement is in writing, clearly sets forth the nature of the property and the services to be rendered, states that the property is in custody of the State of Alabama Treasurer's Office, is signed by the apparent owner, states the compensation fee percentage of the value of the amount to be claimed, and states any other compensation to be 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 is void and unenforceable. (d) Total compensation in an agreement covered by this section may not exceed 10 percent of the value of the amount claimed. (e) This section does not preclude an owner from asserting that an agreement covered by this section is invalid on grounds other than unconscionable compensation. It is the sole responsibility of the owner to enforce this section. (Act 2004-440, p. 755, §1; Act 2013-91, p. 192, §1.)
AL Code § 35-12-94 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 12 - Lost or Unclaimed Property.|Article 2 - Uniform Disposition of Unclaimed Property Act.|Article 2A - Uniform Disposition of Unclaimed Property Act of 2004.|Section 35-12-94 - Confidentiality; Staff.

Section 35-12-94Confidentiality; staff. (a) Certain information contained in a holder's report to the Treasurer under this article, such as Social Security numbers, policy numbers, tangible property descriptions, and property dollar amounts, is not considered a public writing, but is confidential and exempt from the provisions of Section 36-12-40, and not subject to dissemination to anyone other than the Treasurer and the property owner. Except as expressly authorized by the Treasurer, it shall be unlawful for any person to print, publish, or divulge any information regarding property subject to this article. (b) The Treasurer, pursuant to the Alabama Administrative Procedure Act, may adopt rules necessary to carry out this article. (c) The Treasurer may employ the staff necessary to carry out the duties conferred upon the Treasurer pursuant to this article. The salaries for these persons shall be fixed according to the Merit System. The Treasurer may employ one individual outside the classified Merit System service. Salaries shall be paid from the Unclaimed Property Administrative Fund. (Act 2004-440, p. 755, §1.)
AL Code § 35-12-95 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 12 - Lost or Unclaimed Property.|Article 2 - Uniform Disposition of Unclaimed Property Act.|Article 2A - Uniform Disposition of Unclaimed Property Act of 2004.|Section 35-12-95 - Transitional Provisions.

Section 35-12-95Transitional provisions. (a) An initial report filed under this article for property that was not required to be reported before May 12, 2004, but which is subject to this article must include all items of property that would have been presumed abandoned during the 10-year period next preceding May 12, 2004, as if this article had been in effect during that period. (b) This article does not relieve a holder of a duty that arose before May 12, 2004, to report, pay, or deliver property. Except as otherwise provided in subsection (b) of Section 35-12-88, a holder who did not comply with the law in effect before May 12, 2004, is subject to the applicable provisions for enforcement and penalties which then existed, which are continued in effect for the purpose of this section. (Act 2004-440, p. 755, §1.)
AL Code § 35-12-96 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 12 - Lost or Unclaimed Property.|Article 2 - Uniform Disposition of Unclaimed Property Act.|Article 2A - Uniform Disposition of Unclaimed Property Act of 2004.|Section 35-12-96 - Uniformity of Application and Construction.

Section 35-12-96Uniformity of application and construction.  This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it. (Act 2004-440, p. 755, §1.)
AL Code § 36-5-40 (2021)
2021 Code of Alabama|Title 36 - Public Officers and Employees.|Chapter 5 - Official Bonds.|Article 2 - Bonds of State Officers, Employees, etc., Generally.|Division 1 - General Provisions.|Section 36-5-40 - Additional Bonds of Director of Finance, Treasurer or Other State Officers - When Required.

Section 36-5-40Additional bonds of Director of Finance, Treasurer or other state officers — When required. It shall be the duty of the Governor to require additional bonds of the Director of Finance and Treasurer or any other officer whose bond is required to be approved by the Governor whenever in his opinion the interest of the state demands. (Code 1852, §134; Code 1867, §173; Code 1876, §183; Code 1886, §278; Code 1896, §3110; Code 1907, §1525; Code 1923, §2659; Code 1940, T. 41, §59.)
AL Code § 36-5-41 (2021)
2021 Code of Alabama|Title 36 - Public Officers and Employees.|Chapter 5 - Official Bonds.|Article 2 - Bonds of State Officers, Employees, etc., Generally.|Division 1 - General Provisions.|Section 36-5-41 - Additional Bonds of Director of Finance, Treasurer or Other State Officers - Procedure, Form, Etc.

Section 36-5-41Additional bonds of Director of Finance, Treasurer or other state officers - Procedure, form, etc. The form, procedure, etc., for the additional bonds under Section 36-5-40 shall be as provided in Sections 11-2-23 through 11-2-29. (Acts 1977, No. 20, p. 28, §2.)
AL Code § 36-5-42 (2021)
2021 Code of Alabama|Title 36 - Public Officers and Employees.|Chapter 5 - Official Bonds.|Article 2 - Bonds of State Officers, Employees, etc., Generally.|Division 1 - General Provisions.|Section 36-5-42 - Bonds to Be Made by Surety or Guaranty Companies.

Section 36-5-42Bonds to be made by surety or guaranty companies. Official bonds required of all officers, agents and employees of the State of Alabama and its boards, agencies and commissions or any additional bond that may be required must be made by a surety company or surety companies or guaranty company or guaranty companies authorized by the laws of this state to make such bonds and qualified to do business in this state. (Acts 1965, 2nd Ex. Sess., No. 125, p. 178, §1.)
AL Code § 36-5-43 (2021)
2021 Code of Alabama|Title 36 - Public Officers and Employees.|Chapter 5 - Official Bonds.|Article 2 - Bonds of State Officers, Employees, etc., Generally.|Division 1 - General Provisions.|Section 36-5-43 - Premiums on Bonds.

Section 36-5-43Premiums on bonds. The premiums on bonds required by this code of officers, agents and employees of the state and its boards, agencies and commissions shall not exceed the rate established for the same or comparable bonds by a nationally recognized rating bureau. But the minimum charge for the premium on any such bonds may be $5.00. (Acts 1915, No. 66, p. 115; Code 1923, §2639; Code 1940, T. 41, §122; Acts 1943, No. 521, p. 488, §1.)
AL Code § 36-5-44 (2021)
2021 Code of Alabama|Title 36 - Public Officers and Employees.|Chapter 5 - Official Bonds.|Article 2 - Bonds of State Officers, Employees, etc., Generally.|Division 1 - General Provisions.|Section 36-5-44 - Payment of Premiums on Bonds.

Section 36-5-44Payment of premiums on bonds. When any official bond or bonds required by this code of officers, agents and employees of the state and its boards, agencies and commissions shall be secured or insured by a guaranty or surety company or companies, the premiums shall be paid out of the funds of the department, institution, commission, bureau or agency for the officers or employees of the same. (Code 1940, T. 41, §118.)
AL Code § 36-5-45 (2021)
2021 Code of Alabama|Title 36 - Public Officers and Employees.|Chapter 5 - Official Bonds.|Article 2 - Bonds of State Officers, Employees, etc., Generally.|Division 1 - General Provisions.|Section 36-5-45 - Cancellation of Bonds Upon Termination, Consolidation, etc., of Positions.

Section 36-5-45Cancellation of bonds upon termination, consolidation, etc., of positions. If any state office or position for which a bond is required by this code should be abolished, terminated or consolidated with another office or position, then the bond provided for in this code shall be cancelled on those employees who by reason of the termination of their positions will not be continued in the service of the state. (Acts 1915, No. 66, p. 115; Code 1923, §2638; Code 1940, T. 41, §121.)
AL Code § 36-5-60 (2021)
2021 Code of Alabama|Title 36 - Public Officers and Employees.|Chapter 5 - Official Bonds.|Article 2 - Bonds of State Officers, Employees, etc., Generally.|Division 2 - Discharge of Sureties on Bonds of State Officers or Employees.|Section 36-5-60 - When Surety May Apply for Discharge.

Section 36-5-60When surety may apply for discharge. Any person who is surety upon the official bond of any state officer or employee may discharge himself of such suretyship whenever he is in danger of being made liable on such bond and has no adequate remedy against his principal in consequence of his inability to discharge such liability, upon his making an application in writing setting forth such facts. (Code 1852, §144; Code 1867, §183; Code 1876, §197; Code 1886, §292; Code 1896, §3124; Code 1907, §1540; Code 1923, §2674; Code 1940, T. 41, §123.)
AL Code § 36-5-61 (2021)
2021 Code of Alabama|Title 36 - Public Officers and Employees.|Chapter 5 - Official Bonds.|Article 2 - Bonds of State Officers, Employees, etc., Generally.|Division 2 - Discharge of Sureties on Bonds of State Officers or Employees.|Section 36-5-61 - To Whom Application Addressed; Application to Be Sworn.

Section 36-5-61To whom application addressed; application to be sworn. This application must be addressed to the official or to one of the officials required to approve such bond and must be sworn to. (Code 1852, §145; Code 1867, §184; Code 1876, §198; Code 1886, §293; Code 1896, §3125; Code 1907, §1541; Code 1923, §2675; Code 1940, T. 41, §124.)
AL Code § 36-5-62 (2021)
2021 Code of Alabama|Title 36 - Public Officers and Employees.|Chapter 5 - Official Bonds.|Article 2 - Bonds of State Officers, Employees, etc., Generally.|Division 2 - Discharge of Sureties on Bonds of State Officers or Employees.|Section 36-5-62 - Officer to Whom Application Addressed to Require Principal to Appear and Give New Bond; Form and Service of Requisition.

Section 36-5-62Officer to whom application addressed to require principal to appear and give new bond; form and service of requisition. The officer to whom such application is addressed must require the principal named in such application to appear before him on and at a certain day and place and give a new bond, which requisition must be in writing, signed by the officer making the same and must be personally served on such principal before the day named therein. (Code 1852, §146; Code 1867, §185; Code 1876, §199; Code 1886, §294; Code 1896, §3126; Code 1907, §1542; Code 1923, §2676; Code 1940, T. 41, §125.)