reglab/housing_qa huggingface dataset:
IN Code § 32-34-1.5-36 (2021)
2021 Indiana Code|Title 32. Property|Article 34. Lost or Unclaimed Personal Property|Chapter 1.5. Revised Unclaimed Property Act|32-34-1.5-36. Periods of Limitation; Commencement of Action by Attorney General

Sec. 36. (a) Expiration before, on, or after the effective date of this chapter of a period of limitation on an owner's right to receive or recover property, whether specified by contract, statute, or court order, does not prevent the property from being presumed abandoned or affect the duty of the holder under this chapter to file a report or pay or deliver property to the attorney general.(b) The attorney general may not commence an action or proceeding to enforce this chapter with respect to the reporting, payment, or delivery of property more than five (5) years after the holder filed a nonfraudulent report under section 18 of this chapter with the attorney general. The parties may agree in a record to extend the limitation in this subsection.(c) The attorney general may not commence an action, proceeding, or examination with respect to a duty of a holder under this chapter more than ten (10) years after the duty arose.As added by P.L.141-2021, SEC.20.
IN Code § 32-34-1.5-37 (2021)
2021 Indiana Code|Title 32. Property|Article 34. Lost or Unclaimed Personal Property|Chapter 1.5. Revised Unclaimed Property Act|32-34-1.5-37. Sale of Property

Sec. 37. (a) Subject to section 38 of this chapter, not earlier than three (3) years after receipt of property presumed abandoned, the attorney general may sell the property.(b) Before selling property under subsection (a), the attorney general must give notice to the public of:(1) the date of the sale; and(2) a reasonable description of the property.(c) A sale under subsection (a) must be to the highest bidder:(1) at public sale at a location in this state which the attorney general determines to be the most favorable market for the property;(2) on the Internet; or(3) on another forum the attorney general determines is likely to yield the highest net proceeds of sale.(d) The attorney general may decline the highest bid at a sale under this section and reoffer the property for sale if the attorney general determines the highest bid is insufficient.(e) If a sale held under this section is to be conducted other than on the Internet, the attorney general must publish at least one (1) notice of the sale, at least three (3) weeks but not more than five (5) weeks before the sale, in a newspaper of general circulation in the county in which the property is sold.As added by P.L.141-2021, SEC.20.
IN Code § 32-34-1.5-38 (2021)
2021 Indiana Code|Title 32. Property|Article 34. Lost or Unclaimed Personal Property|Chapter 1.5. Revised Unclaimed Property Act|32-34-1.5-38. Sale of Securities

Sec. 38. (a) The attorney general shall sell a security as soon as reasonably possible.(b) The attorney general may not sell a security listed on an established stock exchange for less than the price prevailing on the exchange at the time of sale. The attorney general may sell a security not listed on an established exchange by any commercially reasonable method.As added by P.L.141-2021, SEC.20.
IN Code § 32-34-1.5-39 (2021)
2021 Indiana Code|Title 32. Property|Article 34. Lost or Unclaimed Personal Property|Chapter 1.5. Revised Unclaimed Property Act|32-34-1.5-39. Transfer of Securities

Sec. 39. If a valid claim is made for a security in the possession of the attorney general, the attorney general shall:(1) transfer the security to the claimant; or(2) pay the claimant the value of the security as of the date the security was delivered to the attorney general.As added by P.L.141-2021, SEC.20.
IN Code § 32-34-1.5-40 (2021)
2021 Indiana Code|Title 32. Property|Article 34. Lost or Unclaimed Personal Property|Chapter 1.5. Revised Unclaimed Property Act|32-34-1.5-40. Property Purchased at Sale

Sec. 40. A purchaser of property at a sale conducted by the attorney general under this chapter takes the property free of all claims of the owner, a previous holder, or a person claiming through the owner or holder. The attorney general shall execute documents necessary to complete the transfer of ownership to the purchaser.As added by P.L.141-2021, SEC.20.
IN Code § 32-34-1.5-41 (2021)
2021 Indiana Code|Title 32. Property|Article 34. Lost or Unclaimed Personal Property|Chapter 1.5. Revised Unclaimed Property Act|32-34-1.5-41. Medal or Decoration Awarded for Military Service

Sec. 41. (a) The attorney general may not sell a medal or decoration awarded for military service in the armed forces of the United States.(b) The attorney general, with the consent of the respective organization under subdivision (1), agency under subdivision (2), or entity under subdivision (3), may deliver a medal or decoration described in subsection (a) to be held in custody for the owner, to:(1) a military veterans organization qualified under Section 501(c) of the Internal Revenue Code;(2) the agency that awarded the medal or decoration; or(3) a governmental entity.(c) Upon delivery under subsection (b), the attorney general is not responsible for safekeeping the medal or decoration.As added by P.L.141-2021, SEC.20.
IN Code § 32-34-1.5-42 (2021)
2021 Indiana Code|Title 32. Property|Article 34. Lost or Unclaimed Personal Property|Chapter 1.5. Revised Unclaimed Property Act|32-34-1.5-42. Abandoned Property Fund

Sec. 42. (a) Except as otherwise provided in this section, the attorney general shall transfer to the treasurer of state for deposit in the abandoned property fund all funds received under this chapter, including proceeds from the sale of property under sections 37 and 38 of this chapter.(b) The attorney general shall maintain an account with an amount of funds the attorney general reasonably estimates is sufficient to pay claims allowed under this chapter. If the aggregate amount of claims by owners allowed at any time exceeds the amount held in the account, an excess claim must be paid out of the state general fund.As added by P.L.141-2021, SEC.20.
IN Code § 32-34-1.5-43 (2021)
2021 Indiana Code|Title 32. Property|Article 34. Lost or Unclaimed Personal Property|Chapter 1.5. Revised Unclaimed Property Act|32-34-1.5-43. Records Maintained by Attorney General

Sec. 43. The attorney general shall:(1) record and retain the name and last known address of each person shown on a report filed under section 18 of this chapter to be the apparent owner of property delivered to the attorney general;(2) record and retain the name and last known address of each insured or annuitant and beneficiary shown on the report;(3) for each policy of insurance or annuity contract listed in the report of an insurance company, record and retain the policy or account number, the name of the company, and the amount due or paid; and(4) for each apparent owner listed in the report, record and retain the name of the holder that filed the report and the amount due or paid.As added by P.L.141-2021, SEC.20.
IN Code § 32-34-1.5-44 (2021)
2021 Indiana Code|Title 32. Property|Article 34. Lost or Unclaimed Personal Property|Chapter 1.5. Revised Unclaimed Property Act|32-34-1.5-44. Deductions; Transfer to State General Fund

Sec. 44. (a) Before transferring funds received under this chapter to the treasurer of state for deposit in the abandoned property fund, the attorney general may deduct:(1) expenses of disposition of property delivered to the attorney general under this chapter;(2) costs of mailing and publication in connection with property delivered to the attorney general under this chapter;(3) reasonable service charges; and(4) expenses incurred in examining records of or collecting property from a putative holder or holder.(b) If the balance of the principal in the abandoned property fund exceeds five hundred thousand dollars ($500,000), the treasurer of state may, and at least once each fiscal year shall, transfer to the state general fund the balance of the principal of the abandoned property fund that exceeds five hundred thousand dollars ($500,000).(c) If a claim is allowed or a refund is ordered under this chapter that is more than five hundred thousand dollars ($500,000), the treasurer of state shall transfer from the state general fund sufficient money to make prompt payment of the claim. There is annually appropriated to the treasurer of state from the state general fund the amount of money sufficient to implement this subsection.(d) Except as provided in subsection (e), earnings on the abandoned property fund must be credited to the fund.(e) On July 1 of each year, the interest balance in the abandoned property fund must be transferred to the state general fund.As added by P.L.141-2021, SEC.20.
IN Code § 32-34-1.5-45 (2021)
2021 Indiana Code|Title 32. Property|Article 34. Lost or Unclaimed Personal Property|Chapter 1.5. Revised Unclaimed Property Act|32-34-1.5-45. Property Not Owned by State

Sec. 45. Property received by the attorney general under this chapter is held in custody for the benefit of the owner and is not owned by the state.As added by P.L.141-2021, SEC.20.
IN Code § 32-34-1.5-46 (2021)
2021 Indiana Code|Title 32. Property|Article 34. Lost or Unclaimed Personal Property|Chapter 1.5. Revised Unclaimed Property Act|32-34-1.5-46. Property Subject to Superior Claim

Sec. 46. (a) If the attorney general knows that property held by the attorney general under this chapter is subject to a superior claim of another state, the attorney general shall:(1) report and pay or deliver the property to the other state;(2) return the property to the holder so that the holder may pay or deliver the property to the other state; or(3) pay or deliver the property to the owner if the owner makes a claim while the property is in the custody of the attorney general.(b) The attorney general is not required to enter into an agreement to transfer property to the other state under subsection (a).As added by P.L.141-2021, SEC.20.
IN Code § 32-34-1.5-47 (2021)
2021 Indiana Code|Title 32. Property|Article 34. Lost or Unclaimed Personal Property|Chapter 1.5. Revised Unclaimed Property Act|32-34-1.5-47. Right of Another State to Take Custody of Property

Sec. 47. (a) Property held under this chapter by the attorney general is subject to the right of another state to take custody of the property if:(1) the property was paid or delivered to the attorney general because the records of the holder did not reflect a last known address in the other state of the apparent owner and:(A) the other state establishes that the last known address of the apparent owner or other person entitled to the property was in the other state; or(B) under the law of the other state, the property has become subject to a claim by the other state of abandonment;(2) the records of the holder did not accurately identify the owner of the property, the last known address of the owner was in another state, and, under the law of the other state, the property has become subject to a claim by the other state of abandonment;(3) the property was subject to the custody of the attorney general of this state under section 15 of this chapter and, under the law of the state of domicile of the holder, the property has become subject to a claim by the state of domicile of the holder of abandonment; or(4) the property:(A) is a sum payable on a traveler's check, money order, or similar instrument that was purchased in the other state and delivered to the attorney general under section 16 of this chapter; and(B) under the law of the other state, has become subject to a claim by the other state of abandonment.(b) A claim by another state to recover property under this section must be presented in a form prescribed by the attorney general, unless the attorney general waives presentation of the form.(c) The attorney general shall decide a claim under this section not later than ninety (90) days after it is presented. If the attorney general determines that the other state is entitled under subsection (a) to custody of the property, the attorney general shall allow the claim and pay or deliver the property to the other state.(d) The attorney general may require another state, before recovering property under this section, to agree to indemnify this state and its agents, officers, and employees against any liability on a claim to the property.As added by P.L.141-2021, SEC.20.
IN Code § 32-34-1.5-48 (2021)
2021 Indiana Code|Title 32. Property|Article 34. Lost or Unclaimed Personal Property|Chapter 1.5. Revised Unclaimed Property Act|32-34-1.5-48. Filing Claims for Property

Sec. 48. (a) A person claiming to be the owner of property held under this chapter by the attorney general may file a claim for the property on a form prescribed by the attorney general. The claimant must verify the claim as to its completeness and accuracy.(b) The attorney general may waive the requirement in subsection (a) and may pay or deliver property directly to a person if:(1) the person receiving the property or payment is shown to be the apparent owner included on a report filed under section 18 of this chapter;(2) the attorney general reasonably believes the person is entitled to receive the property or payment; and(3) the property has a value of less than one thousand dollars ($1,000).(c) A person may file a claim under subsection (a) at any time not later than twenty-five (25) years after the date on which the property is presumed abandoned under this chapter, notwithstanding the expiration of any other time period specified by statute, contract, or court order during which an action or a proceeding may be commenced or enforced to obtain payment of a claim for money or recovery of property.As added by P.L.141-2021, SEC.20.
IN Code § 32-34-1.5-49 (2021)
2021 Indiana Code|Title 32. Property|Article 34. Lost or Unclaimed Personal Property|Chapter 1.5. Revised Unclaimed Property Act|32-34-1.5-49. Allowing and Denying Claims

Sec. 49. (a) The attorney general shall pay or deliver property to a claimant under section 48(a) of this chapter if the attorney general receives evidence sufficient to establish to the satisfaction of the attorney general that the claimant is the owner of the property.(b) Not later than ninety (90) days after a claim is filed under section 48(a) of this chapter, the attorney general shall allow or deny the claim and give the claimant notice in a record of the decision.(c) If the claim is denied under subsection (b):(1) the attorney general shall inform the claimant of the reason for the denial and specify what additional evidence, if any, is required for the claim to be allowed;(2) the claimant may file an amended claim with the attorney general or commence an action under section 51 of this chapter; and(3) the attorney general shall consider an amended claim filed under subdivision (2) as an initial claim.(d) If the attorney general does not take action on a claim during the ninety (90) day period following the filing of a claim under section 48(a) of this chapter, the claim is deemed denied.As added by P.L.141-2021, SEC.20.
IN Code § 32-34-1.5-50 (2021)
2021 Indiana Code|Title 32. Property|Article 34. Lost or Unclaimed Personal Property|Chapter 1.5. Revised Unclaimed Property Act|32-34-1.5-50. Delivery of Property to Owner; Payment of Enforceable Debt

Sec. 50. (a) Not later than thirty (30) days after a claim is allowed under section 49(b) of this chapter, the attorney general shall pay or deliver to the owner the property or pay to the owner the net proceeds of a sale of the property, together with income or gain to which the owner is entitled under section 33 of this chapter.(b) Property held under this chapter by the attorney general is subject to a claim for the payment of an enforceable debt the owner owes in this state for:(1) child support arrearages, including child support collection costs and child support arrearages that are combined with maintenance;(2) a civil or criminal fine or penalty, court costs, surcharge, or restitution imposed by a final order of an administrative agency or a final court judgment; or(3) state or local taxes, penalties, and interest that have been determined to be delinquent or as to which notice has been recorded with the local taxing authority.(c) Before delivery or payment to an owner under subsection (a) of property or payment to the owner of net proceeds of a sale of the property, the attorney general first shall apply the property or net proceeds to a debt under subsection (b) the attorney general determines is owed by the owner. The attorney general shall pay the amount to the appropriate state or local agency.(d) The attorney general may make periodic inquiries of state and local agencies in the absence of a claim filed under section 48 of this chapter to determine whether an apparent owner included in the unclaimed property records of this state has enforceable debts described in subsection (b). The attorney general first shall apply the property or net proceeds of a sale of property held by the attorney general to a debt under subsection (b) of an apparent owner which appears in the records of the attorney general and deliver the amount to the appropriate state or local agency.As added by P.L.141-2021, SEC.20.
IN Code § 32-34-1.5-51 (2021)
2021 Indiana Code|Title 32. Property|Article 34. Lost or Unclaimed Personal Property|Chapter 1.5. Revised Unclaimed Property Act|32-34-1.5-51. Action for Denial of Claim

Sec. 51. Not later than one (1) year after filing a claim under section 48(a) of this chapter, the claimant may commence an action against the attorney general in a court with jurisdiction to establish a claim that has been denied or deemed denied under section 49(d) of this chapter.As added by P.L.141-2021, SEC.20.
IN Code § 32-34-1.5-52 (2021)
2021 Indiana Code|Title 32. Property|Article 34. Lost or Unclaimed Personal Property|Chapter 1.5. Revised Unclaimed Property Act|32-34-1.5-52. Verified Report

Sec. 52. If a person does not file a report required by section 18 of this chapter or the attorney general believes that a person may have filed an inaccurate, incomplete, or false report, the attorney general may require the person to file a verified report in a form prescribed by the attorney general. The verified report must:(1) state whether the person is holding property reportable under this chapter;(2) describe property not previously reported or about which the attorney general has inquired;(3) specifically identify property described under subdivision (2) about which there is a dispute whether it is reportable under this chapter; and(4) state the amount or value of the property.As added by P.L.141-2021, SEC.20.
IN Code § 32-34-1.5-53 (2021)
2021 Indiana Code|Title 32. Property|Article 34. Lost or Unclaimed Personal Property|Chapter 1.5. Revised Unclaimed Property Act|32-34-1.5-53. Examining Records

Sec. 53. The attorney general, at reasonable times and with reasonable notice, may:(1) examine the records of a person, including examination of appropriate records in the possession of an agent of the person under examination, if the records are reasonably necessary to determine whether the person has complied with this chapter;(2) issue an administrative subpoena requiring the person or agent of the person to make records available for examination; and(3) bring an action seeking judicial enforcement of the subpoena.As added by P.L.141-2021, SEC.20.
IN Code § 32-34-1.5-54 (2021)
2021 Indiana Code|Title 32. Property|Article 34. Lost or Unclaimed Personal Property|Chapter 1.5. Revised Unclaimed Property Act|32-34-1.5-54. Rules for Examining Records

Sec. 54. (a) The attorney general may adopt rules under IC 4-22-2 governing procedures and standards for an examination under section 53 of this chapter, including rules for use of an estimation, extrapolation, and statistical sampling in conducting an examination.(b) An examination under section 53 of this chapter must be performed under rules adopted under subsection (a) and with generally accepted examination practices and standards applicable to an unclaimed property examination.(c) If a person subject to examination under section 53 of this chapter has filed the reports required under sections 18 and 52 of this chapter and has retained the records required by section 21 of this chapter, the following rules apply:(1) The examination must include a review of the person's records.(2) The examination may not be based on an estimate unless the person expressly consents in a record to the use of an estimate.(3) The person conducting the examination shall consider the evidence presented in good faith by the person in preparing the findings of the examination under section 58 of this chapter.As added by P.L.141-2021, SEC.20.
IN Code § 32-34-1.5-55 (2021)
2021 Indiana Code|Title 32. Property|Article 34. Lost or Unclaimed Personal Property|Chapter 1.5. Revised Unclaimed Property Act|32-34-1.5-55. Use and Disclosure of Records

Sec. 55. Records obtained and records, including work papers, compiled by the attorney general in the course of conducting an examination under section 53 of this chapter:(1) are subject to the confidentiality and security provisions of sections 77, 78, 79, 80, 81, 82, 83, and 84 of this chapter;(2) may be used by the attorney general in an action to collect property or otherwise enforce this chapter;(3) may be used in a joint examination conducted with another state, the United States, a foreign country or subordinate unit of a foreign country, or any other governmental entity if the governmental entity conducting the examination is legally bound to maintain the confidentiality and security of information obtained from a person subject to examination in a manner substantially equivalent to sections 77, 78, 79, 80, 81, 82, 83, and 84 of this chapter;(4) must be disclosed, on request, to the person that administers the unclaimed property law of another state for that state's use in circumstances equivalent to circumstances described in sections 77, 78, 79, 80, 81, 82, 83, and 84 of this chapter, if the other state is required to maintain the confidentiality and security of information obtained in a manner substantially equivalent to sections 77, 78, 79, 80, 81, 82, 83, and 84 of this chapter;(5) must be produced by the attorney general under an administrative or judicial subpoena or administrative or court order; and(6) must be produced by the attorney general on request of the person subject to the examination in an administrative or judicial proceeding relating to the property.As added by P.L.141-2021, SEC.20.
IN Code § 32-34-1.5-56 (2021)
2021 Indiana Code|Title 32. Property|Article 34. Lost or Unclaimed Personal Property|Chapter 1.5. Revised Unclaimed Property Act|32-34-1.5-56. Prima Facie Evidence of Debt or Obligation

Sec. 56. (a) A record of a putative holder showing an unpaid debt or undischarged obligation is prima facie evidence of the debt or obligation.(b) A putative holder may establish by a preponderance of the evidence that there is no unpaid debt or undischarged obligation for a debt or obligation described in subsection (a) or that the debt or obligation was not, or no longer is, a fixed and certain obligation of the putative holder.(c) A putative holder may overcome prima facie evidence under subsection (a) by establishing by a preponderance of the evidence that a check, draft, or similar instrument was:(1) issued as an unaccepted offer in settlement of an unliquidated amount;(2) issued but later was replaced with another instrument because the earlier instrument was lost or contained an error that was corrected;(3) issued to a party affiliated with the issuer;(4) paid, satisfied, or discharged;(5) issued in error;(6) issued without consideration;(7) issued but there was a failure of consideration;(8) voided not later than ninety (90) days after issuance for a valid business reason set forth in a contemporaneous record; or(9) issued but not delivered to the third party payee for a sufficient reason recorded within a reasonable time after issuance.(d) In asserting a defense under this section, a putative holder may present evidence of a course of dealing between the putative holder and the apparent owner or of custom and practice.As added by P.L.141-2021, SEC.20.