reglab/housing_qa huggingface dataset:
SD Codified L § 43-41B-23 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 41B - Uniform Unclaimed Property Act|Section 43-41B-23 - Public sale of abandoned property.

43-41B-23. Public sale of abandoned property.(a) No earlier than three years after the receipt of abandoned property, the administrator shall sell the property to the highest bidder at a public sale or by means of an internet auction, depending on which method of sale the administrator determines affords the most favorable market for the property. The administrator may decline the highest bid and reoffer the property for sale if the administrator determines that the bid is insufficient. If the administrator determines that the probable cost of the sale will exceed the value of the property, the administrator need not offer the property for sale. Any sale held under this section shall be preceded by a publication of notice, at least three weeks in advance of sale, in a newspaper of general circulation in the county in which the property is to be sold.(b) Securities listed on an established stock exchange shall be sold at prices prevailing at the time of sale on the exchange. Other securities may be sold over the counter at prices prevailing at the time of sale or by any other method the administrator considers advisable.(c) The state treasurer shall sell all stocks, bonds, and other negotiable instruments within one hundred eighty days of confirmed receipt of such instruments, unless the property is on an open claim. The state treasurer is not liable for any loss or gain in the value that the instrument would have obtained had the instrument been held instead of being sold.(d) The purchaser of property at any sale conducted by the administrator pursuant to this chapter takes the property free of all claims by the owner or previous holder of the property and by all persons claiming through or under the owner or previous holder. (e) The administrator shall execute all documents necessary to complete the transfer of ownership. Source: SL 1992, ch 312, §22; SL 2017, ch 190, §1, eff. Mar. 10, 2017; SL 2018, ch 258, §1; SL 2019, ch 194, §4.
SD Codified L § 43-41B-23.1 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 41B - Uniform Unclaimed Property Act|Section 43-41B-23.1 - Sale of securities, stocks, bonds, and other intangible ownership interests.

43-41B-23.1. Sale of securities, stocks, bonds, and other intangible ownership interests.All securities, stocks, bonds, or other intangible ownership interests in business associations held by the Unclaimed Property Division with any value shall be sold after March 10, 2017. Source: SL 2017, ch 190, §3, eff. Mar. 10, 2017.
SD Codified L § 43-41B-24 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 41B - Uniform Unclaimed Property Act|Section 43-41B-24 - Deposit of funds.

43-41B-24. Deposit of funds.(a) Except as otherwise provided by this section, the administrator shall promptly deposit in the general fund of this state all funds received under this chapter, including the proceeds from the sale of abandoned property under §43-41B-23. The administrator shall retain in a separate trust fund an amount not more than fifty thousand dollars from which prompt payment of claims duly allowed must be made by him. Before making the deposit, the administrator shall record the name and last known address of each person appearing from the holders' reports to be entitled to the property and the name and last known address of each insured person or annuitant and beneficiary and with respect to each policy or contract listed in the report of an insurance company its number, the name of the company, and the amount due. The record must be available for public inspection at all reasonable business hours.(b) The administrator may pay from the unclaimed property trust fund:(1)Any costs in connection with the sale of abandoned property;(2)Costs of mailing and publication in connection with any abandoned property;(3)Reasonable service charges; and(4)Costs incurred in examining records of holders of property and in collecting the property from those holders. Source: SL 1992, ch 312, §23; SL 1993, ch 327, §1.
SD Codified L § 43-41B-24.1 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 41B - Uniform Unclaimed Property Act|Section 43-41B-24.1 - Continuous appropriation of fund--Report--Approval of certain expenditures.

43-41B-24.1. Continuous appropriation of fund--Report--Approval of certain expenditures .Money in the unclaimed property trust fund for payment of costs and expenses authorized under §43-41B-24 is continuously appropriated for those purposes. Any expenditures shall be paid upon warrants drawn by the state auditor pursuant to vouchers authorized by the state treasurer. All funds paid out by the state treasurer under chapter 43-41B shall be set forth in an informational budget as described in §4-7-7.2 and be annually reviewed by the Legislature. Any expenditure other than unclaimed property claims that exceeds the informational budget shall be approved by the Board of Finance pursuant to chapter 4-1. Source: SL 1993, ch 327, §§2, 3; SL 2012, ch 210, §1.
SD Codified L § 43-41B-25 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 41B - Uniform Unclaimed Property Act|Section 43-41B-25 - Filing claim with administrator--Handling of claims by administrator.

43-41B-25. Filing claim with administrator--Handling of claims by administrator.(a) A person, excluding another state, claiming an interest in any property paid or delivered to the administrator may file a claim on a form prescribed by the administrator and verified by the claimant.(b) The administrator shall consider each claim within one hundred eighty days after it is filed and provide notice to the claimant if the claim is denied in whole or in part. The notice may be sent by mail to the last address of the claimant stated in the claim for the receipt of notices. In the alternative, the notice may be sent electronically to the last e-mail address of the claimant or to the e-mail address stated in the claim for the receipt of notices.If no address for notices is stated in the claim, the notice may be mailed to the last address, or e-mailed to the last e-mail address of the claimant, as stated in the claim. No notice of denial need be given if the claim fails to state either the last mailing or e-mail address to which notices are to be sent or the mailing or e-mail address of the claimant.(c) If a claim is allowed, the administrator shall pay over or deliver to the claimant the property or the amount the administrator actually received or the net proceeds if the property has been sold by the administrator, together with any additional amount required by §43-41B- 22.If the claim is for property that is presumed abandoned under §43-41B-10 and that was sold by the administrator within one hundred eighty days of confirmed receipt of the property, the amount payable for that claim is the net proceeds of sale. When property is paid or delivered to the administrator under this chapter, the owner is not entitled to receive income or other increments accruing thereafter. Source: SL 1992, ch 312, §24; SL 2017, ch 190, §2, eff. Mar. 10, 2017; SL 2018, ch 258, §2; SL 2019, ch 194, §5.
SD Codified L § 43-41B-26 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 41B - Uniform Unclaimed Property Act|Section 43-41B-26 - Claim of another state to recover property--Procedure.

43-41B-26. Claim of another state to recover property--Procedure.(a) At any time after property has been paid or delivered to the administrator under this chapter another state may recover the property if:(1)The property was subjected to custody by this state because the records of the holder did not reflect the last known address of the apparent owner when the property was presumed abandoned under this chapter, and the other state establishes that the last known address of the apparent owner or other person entitled to the property was in that state and under the laws of that state the property escheated to or was subject to a claim of abandonment by that state;(2)The last known address of the apparent owner or other person entitled to the property, as reflected by the records of the holder, is in the other state and under the laws of that state the property has escheated to 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 reflect the actual owner of the property and the last known address of the actual owner is in the other state and under the laws of that state the property escheated to or was subject to a claim of abandonment by that state;(4)The property was subjected to custody by this state under subdivision 43-41B-3(6) and under the laws of the state of domicile of the holder the property has escheated to or become subject to a claim of abandonment by that state; or(5)The property is the sum payable on a travelers check, money order, or other similar instrument that was subjected to custody by this state under §43-41B-4, and the instrument was purchased in the other state, and under the laws of that state the property escheated to or became subject to a claim of abandonment by that state.(b) The claim of another state to recover escheated or abandoned property must 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 if he determines that the other state is entitled to the abandoned property under subsection (a).(c) The administrator shall require a state, before recovering property under this section, to agree to indemnify this state and its officers and employees against any liability on a claim for the property. Source: SL 1992, ch 312, §25.
SD Codified L § 43-41B-27 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 41B - Uniform Unclaimed Property Act|Section 43-41B-27 - Action to establish claim.

43-41B-27. Action to establish claim.A person aggrieved by a decision of the administrator or whose claim has not been acted upon within ninety days after its filing may bring an action to establish the claim in the circuit court, naming the administrator as a defendant. The action must be brought within ninety days after the decision of the administrator or within one hundred eighty days after the filing of the claim if he has failed to act on it. The action shall be trial de novo without a jury. Source: SL 1992, ch 312, §26.
SD Codified L § 43-41B-28 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 41B - Uniform Unclaimed Property Act|Section 43-41B-28 - Election to take payment or delivery.

43-41B-28. Election to take payment or delivery.(a) The administrator may decline to receive any property reported under this chapter which he considers to have a value less than the expense of giving notice and of sale. If the administrator elects not to receive custody of the property, the holder shall be notified.(b) A holder, with the written consent of the administrator and upon conditions and terms prescribed by him, may report and deliver property before the property is presumed abandoned. Property delivered under this subsection must be held by the administrator and is not presumed abandoned until such time as it otherwise would be presumed abandoned under this chapter. Source: SL 1992, ch 312, §27.
SD Codified L § 43-41B-29 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 41B - Uniform Unclaimed Property Act|Section 43-41B-29 - Destruction or disposition of property having insubstantial commercial value--Immunity from liability.

43-41B-29. Destruction or disposition of property having insubstantial commercial value--Immunity from liability.If the administrator determines after investigation that any property delivered under this chapter has insubstantial commercial value, the administrator may destroy or otherwise dispose of the property at any time. No action or proceeding may be maintained against the state or any officer or against the holder for or on account of any action taken by the administrator pursuant to this section. Source: SL 1992, ch 312, §28.
SD Codified L § 43-41B-30 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 41B - Uniform Unclaimed Property Act|Section 43-41B-30 - Period of limitation.

43-41B-30. Period of limitation.(a) The expiration, before or after July 1, 1993, of any period of time specified by contract, statute, or court order, during which a claim for money or property can be made or during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or to recover property, does not prevent the money or property from being presumed abandoned or affect any duty to file a report or to pay or deliver abandoned property to the administrator as required by this chapter.(b) No action or proceeding may be commenced by the administrator with respect to any duty of a holder under this chapter more than ten years after the duty arose. Source: SL 1992, ch 312, §29.
SD Codified L § 43-41B-31 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 41B - Uniform Unclaimed Property Act|Section 43-41B-31 - Requests for reports and examination of records.

43-41B-31. Requests for reports and examination of records.(a) The administrator may require any person who has not filed a report to file a verified report stating whether or not the person is holding any unclaimed property reportable or deliverable under this chapter. The administrator may contract with the Department of Revenue to conduct such examinations.(b) The administrator, at reasonable times and upon reasonable notice, may examine the records of any person to determine whether the person has complied with the provisions of this chapter. The administrator may conduct the examination even if the person believes it is not in possession of any property reportable or deliverable under this chapter.(c) If a person is treated under §43-41B-13, as the holder of the property only insofar as the interest of the business association in the property is concerned, the administrator, pursuant to subsection (b), may examine the records of the person if the administrator has given the notice required by subsection (b) to both the person and the business association at least sixty days before the examination.(d) If an examination of the records of a person results in the disclosure of property reportable and deliverable under this chapter, the administrator may assess the cost of the examination against the holder at the rate of one hundred dollars a day for each examiner, but in no case may the charges exceed the value of the property found to be reportable and deliverable. Source: SL 1992, ch 312, §30; SL 1993, ch 326, §5; SL 1996, ch 261, §1; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 43-41B-32 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 41B - Uniform Unclaimed Property Act|Section 43-41B-32 - Retention of records.

43-41B-32. Retention of records.(a) Every holder required to file a report under §43-41B-18, as to any property for which it has obtained the last known address of the owner, shall maintain a record of the name and last known address of the owner for ten years after the property becomes reportable, except to the extent that a shorter time is provided in subsection (b) or by rule of the administrator.(b) Any holder that sells in this state its travelers checks, money orders, or other similar written instruments, other than third-party bank checks on which the holder is directly liable, or that provides such instruments to others for sale in this state, shall maintain a record of those instruments while they remain outstanding, indicating the state and date of issue for three years after the date the property is reportable. Source: SL 1992, ch 312, §31.
SD Codified L § 43-41B-33 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 41B - Uniform Unclaimed Property Act|Section 43-41B-33 - Enforcement.

43-41B-33. Enforcement.The administrator may bring an action in a court of competent jurisdiction to enforce this chapter. Source: SL 1992, ch 312, §32.
SD Codified L § 43-41B-34 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 41B - Uniform Unclaimed Property Act|Section 43-41B-34 - Interstate agreements and cooperation--Joint and reciprocal actions with other states.

43-41B-34. Interstate agreements and cooperation--Joint and reciprocal actions with other states.(a) To avoid conflicts between the administrator's procedures and the procedures of administrators in other jurisdictions that enact the Uniform Unclaimed Property Act, the administrator, so far as is consistent with the purposes, policies, and provisions of this chapter, before adopting, amending, or repealing rules, may advise and consult with administrators in other jurisdictions that enact substantially the Uniform Unclaimed Property Act and take into consideration the rules of administrators in other jurisdictions that enact the Uniform Unclaimed Property Act.(b) The administrator may join with other states to seek enforcement of this chapter against any person who is or may be holding property reportable under this chapter.(c) The administrator may enter into agreements with other states to exchange information. Source: SL 1992, ch 312, §33; SL 1993, ch 326, §6.
SD Codified L § 43-41B-35 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 41B - Uniform Unclaimed Property Act|Section 43-41B-35 - Interest on untimely payments.

43-41B-35. Interest on untimely payments.A person who fails to pay or deliver property within the time prescribed by this chapter shall pay to the administrator interest at the Category A rate on the property or value thereof from the date the property should have been paid or delivered. Source: SL 1992, ch 312, §34.
SD Codified L § 43-41B-36 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 41B - Uniform Unclaimed Property Act|Section 43-41B-36 - Agreements to locate reported property.

43-41B-36. Agreements to locate reported property.All agreements to pay compensation to recover or assist in the recovery of property reported under §43-41B-18, made within twelve months prior to the reporting and remitting of abandoned property accounts and within twenty-four months after the date payment or delivery is made under §43-41B-20, are unenforceable. No agreement entered into after twenty-four months of the required date of delivery of the property by the holder to the state treasurer is valid if a person thereby undertakes to locate property included in a report for a fee or other compensation exceeding twenty-five percent of the value of the recoverable property unless the agreement is in writing and signed by the owner. Nothing in this section may be construed to prevent an owner from asserting at any time that an agreement to locate property is based upon excessive or unjust consideration. A violation of this section is a Class 1 misdemeanor. Source: SL 1992, ch 312, §35; SL 1993, ch 326, §7; SL 1994, ch 342.
SD Codified L § 43-41B-37 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 41B - Uniform Unclaimed Property Act|Section 43-41B-37 - Effect of new provisions--Clarification of application.

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.
SD Codified L § 43-41B-38 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 41B - Uniform Unclaimed Property Act|Section 43-41B-38 - Rules.

43-41B-38. Rules.The administrator may promulgate rules, pursuant to chapter 1-26, to carry out the provisions of this chapter. Source: SL 1992, ch 312, §37.
SD Codified L § 43-41B-40 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 41B - Uniform Unclaimed Property Act|Section 43-41B-40 - Open-loop prepaid cards exempt.

43-41B-40. Open-loop prepaid cards exempt.The provisions of this chapter do not apply to open-loop prepaid cards for which the underlying funds do not expire and the records of the depository institution do not disclose the identity of the actual owner. For the purposes of this section, an open-loop prepaid card is an electronic payment device that meets the following conditions:(1)Is purchased or loaded, or both, on a prepaid basis for the future purchase or delivery of any goods or services; and(2)Can be used to purchase goods and services at multiple unaffiliated merchants or service providers. Source: SL 2010, ch 215, §1.
SD Codified L § 43-41B-41 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 41B - Uniform Unclaimed Property Act|Section 43-41B-41 - Rewards cards exempt.

43-41B-41. Rewards cards exempt.Notwithstanding §43-41B-40, the provisions of this chapter do not apply to any rewards card. For the purposes of §§43-41B-40 to 43-41B-42, inclusive, a rewards card is any awards, rewards, rebate, loyalty, incentive, or promotional card for which no money was paid by the cardholder. Source: SL 2010, ch 215, §2.
SD Codified L § 43-41B-42 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 41B - Uniform Unclaimed Property Act|Section 43-41B-42 - Unredeemed gift certificates, closed-loop cards, open-loop cards, and rewards cards not subject to state claim.

43-41B-42. Unredeemed gift certificates, closed-loop cards, open-loop cards, and rewards cards not subject to state claim.Any unredeemed gift certificate or closed-loop card that meets the requirements of §43-41B-43 or any open-loop prepaid card or rewards card is subject only to any rights of a purchaser or owner of the gift certificate or card and is not subject to any claim made by any state acting on behalf of a purchaser or owner. Source: SL 2010, ch 215, §3; SL 2011, ch 198, §2.
SD Codified L § 43-41B-43 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 41B - Uniform Unclaimed Property Act|Section 43-41B-43 - Certain gift certificates and closed-loop prepaid cards exempt.

43-41B-43. Certain gift certificates and closed-loop prepaid cards exempt.The provisions of this chapter do not apply to any gift certificate or closed-loop prepaid card that has no expiration date and that is not subject to a dormancy, inactivity, or service fee. For purposes of this chapter, a closed-loop prepaid card is an electronic payment device that meets the following conditions:(1)Is purchased or loaded, or both, on a prepaid basis in exchange for payment for the future purchase or delivery of goods or services; and(2)Is redeemable upon presentation to a single merchant or an affiliated group of merchants for goods and services. Source: SL 2011, ch 198, §1.
SD Codified L § 43-41C-1 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 41C - Unclaimed Property Held By Museums Or Historical Societies|Section 43-41C-1 - Property held by a museum or historical society deemed abandoned.

43-41C-1. Property held by a museum or historical society deemed abandoned.Any property held by a museum or historical society in the state which is held for ten years or more and to which no person has made claim is deemed to be abandoned and becomes the property of the museum or society, if the museum or society has complied with §§43-41C-2 and 43-41C-3. Source: SL 1993, ch 328, §1.