reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 28. Property › 523A. Unclaimed Property › 523A-5 Rules of taking custody.

§523A-5 Rules of taking custody.
Except as otherwise provided in this part or by other statute of this State, property that is presumed abandoned, whether located in this or another state, shall be subject to the custody of this State if:
(1) The last known address of the apparent owner, as shown on the records of the holder, is in this State;
(2) The records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this State;
(3) The records of the holder do not reflect the last known address of the apparent owner and it is established that:
(A) The last known address of the person entitled to the property is in this State; or
(B) The holder is domiciled in this State or is a government or governmental subdivision, agency, or instrumentality of this State and has not previously paid or delivered the property to the state of the last known address of the apparent owner or other person entitled to the property;
(4) The last known address of the apparent owner, as shown on the records of the holder, is in a state that does not provide for the escheat or custodial taking of the property and the holder is domiciled in this State or is a government or governmental subdivision, agency, or instrumentality of this State;
(5) The last known address of the apparent owner, as shown on the records of the holder, is in a foreign country and the holder is domiciled in this State or is a government or governmental subdivision, agency, or instrumentality of this State;
(6) The transaction out of which the property arose occurred in this State, the holder is domiciled in a state that does not provide for the escheat or custodial taking of the property, and the last known address of the apparent owner or other person entitled to the property is unknown or is in a state that does not provide for the escheat or custodial taking of the property; or
(7) The property is a traveler's check or money order purchased in this State, or the issuer of the traveler's check or money order has its principal place of business in this State and the issuer's records show that the instrument was purchased in a state that does not provide for the escheat or custodial taking of the property, or do not show the state in which the instrument was purchased. [L 2008, c 55, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 523A. Unclaimed Property › 523A-6 Dormancy charge.

§523A-6 Dormancy charge.
A holder may deduct from property presumed abandoned a charge imposed by reason of the owner's failure to claim the property within a specified time only if there is a valid and enforceable written contract between the holder and the owner under which the holder may impose the charge and the holder regularly imposes the charge, which is not regularly reversed or otherwise canceled. The amount of the deduction shall be limited to an amount that is not unconscionable. [L 2008, c 55, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 523A. Unclaimed Property › 523A-7 Burden of proof as to property evidenced by record of check or draft.

§523A-7 Burden of proof as to property evidenced by record of check or draft.
A record of the issuance of a check, draft, or similar instrument shall be prima facie evidence of an obligation. In claiming property from a holder who is also the issuer, the administrator's burden of proof as to the existence and amount of the property and its abandonment shall be satisfied by showing issuance of the instrument and passage of the requisite period of abandonment. Defenses of payment, satisfaction, discharge, and want of consideration are affirmative defenses that shall be established by the holder. [L 2008, c 55, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 523A. Unclaimed Property › 523A-8 Report of abandoned property.

§523A-8 Report of abandoned property.
(a) A holder of property presumed abandoned shall make a report to the administrator concerning the property.
(b) The report shall be verified and shall contain:
(1) A description of the property;
(2) Except with respect to a traveler's check or money order, the name, if known, and last known address, if any, and the social security number or taxpayer identification number, if readily ascertainable, of the apparent owner of property of the value of $50 or more;
(3) An aggregated amount of items valued under $50 each;
(4) In the case of an amount of $50 or more held or owing under an annuity or a life or endowment insurance policy, the full name and last known address of the annuitant or insured and of the beneficiary;
(5) In the case of property held in a safe deposit box or other safekeeping depository, an indication of the place where it is held and where it may be inspected by the administrator, and any amounts owing to the holder;
(6) The date, if any, on which the property became payable, demandable, or returnable, the date of the last transaction with the apparent owner with respect to the property, and whether the property is an interest bearing account; and
(7) Other information that the administrator by rules adopted under chapter 91 prescribes as necessary for the administration of this part.
(c) If a holder of property presumed abandoned is a successor to another person who previously held the property for the apparent owner or the holder has changed its name while holding the property, the holder shall file with the report its former names, if any, and the known names and addresses of all previous holders of the property.
(d) The report shall be filed before November 1 of each year and cover the twelve months next preceding July 1 of that year; provided that a report with respect to a life insurance company shall be filed before November 1 of each year for the calendar year next preceding.
(e) The holder of property presumed abandoned shall send written notice to the apparent owner, not more than six months before filing the report, stating that the holder is in possession of property subject to this part, if:
(1) The holder has in its records an address for the apparent owner which the holder's records do not disclose to be inaccurate;
(2) The claim of the apparent owner is not barred by a statute of limitations; and
(3) The value of the property is $50 or more.
(f) Before the date for filing the report, the holder of property presumed abandoned may request the administrator to extend the time for filing the report. The administrator may grant the extension for good cause. The holder, upon receipt of the extension, may make an interim payment on the amount the holder estimates will ultimately be due, which shall terminate the accrual of additional interest on the amount paid.
(g) The holder of property presumed abandoned shall file with the report an affidavit stating that the holder has complied with subsection (e). [L 2008, c 55, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 523A. Unclaimed Property › 523A-9 Payment or delivery of abandoned property.

§523A-9 Payment or delivery of abandoned property.
(a) Except for property held in a safe deposit box or other safekeeping depository, upon filing the report required by section 523A-8, the holder of property presumed abandoned shall pay, deliver, or cause to be paid or delivered to the administrator the property described in the report as unclaimed; provided that if the property is an automatically renewable deposit, and a penalty or forfeiture in the payment of interest would result, the time for compliance shall be extended until a penalty or forfeiture would no longer result. Tangible property held in a safe deposit box or other safekeeping depository shall not be delivered to the administrator until an additional one hundred twenty days after the time for payment or delivery to the administrator of property presumed abandoned as required by this subsection.
(b) If the property reported to the administrator is a security or security entitlement under article 8 of the Uniform Commercial Code €“ Investment Securities, the administrator shall be an appropriate person to make an indorsement, instruction, or entitlement order on behalf of the apparent owner to invoke the duty of the issuer or its transfer agent or the securities intermediary to transfer or dispose of the security or the security entitlement in accordance with article 8 of the Uniform Commercial Code €“ Investment Securities.
(c) If the holder of property reported to the administrator is the issuer of a certificated security, the administrator shall have the right to obtain a replacement certificate pursuant to section 490:8-405; provided that an indemnity bond shall not be required.
(d) An issuer, the holder, and any transfer agent or other person acting pursuant to the instructions of and on behalf of the issuer or holder in accordance with this section shall not be liable to the apparent owner and shall be indemnified against claims of any person in accordance with section 523A-11. [L 2008, c 55, pt of §1; am L 2012, c 229, §1]
2023 Hawaii Revised Statutes › Title 28. Property › 523A. Unclaimed Property › 523A-10 Notice and publication of lists of abandoned property.

§523A-10 Notice and publication of lists of abandoned property.
(a) The administrator shall publish a notice not later than March 1 of the year next following the report required by section 523A-8 at least once statewide. The notice shall be in a form that, in the judgment of the administrator, is likely to attract the attention of the apparent owner of the unclaimed property. The form shall contain:
(1) The name of each person appearing to be the owner of the property, as set forth in the report filed by the holder;
(2) The last known address or location of each person appearing to be the owner of the property, if an address or location is set forth in the report filed by the holder;
(3) A statement explaining that property of the owner is presumed to be abandoned and has been taken into the protective custody of the administrator; and
(4) A statement that information about the property and its return to the owner is available to a person having a legal or beneficial interest in the property, upon request to the administrator.
(b) The notice shall be given by using one or more of the following methods:
(1) Posting on the State of Hawaii, department of budget and finance internet website;
(2) Publication in a daily or weekly publication of statewide circulation; or
(3) Any other method the administrator deems effective for publicizing the notice.
(c) The administrator shall not be required to advertise the name and address or location of an owner of property having a total value less than $100, or information concerning a traveler's check, money order, or similar instrument. [L 2008, c 55, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 523A. Unclaimed Property › 523A-12 Crediting of dividends, interest, and increments to owner's account.

§523A-12 Crediting of dividends, interest, and increments to owner's account.
If property other than money is delivered to the administrator under this part, the owner shall be entitled to receive from the administrator any income or gain realized or accruing on the property at or before liquidation or conversion of the property into money. If the property was an interest-bearing demand, savings, or time deposit, including a deposit that is automatically renewable, the administrator shall pay simple interest at the legal rate of interest established in section 478-2, or any lesser rate the property earned while in the possession of the administrator. Interest shall begin to accrue when the property is delivered to the administrator and ceases on the earlier of the expiration of ten years after delivery or the date on which payment is made to the owner. Interest on interest-bearing property shall not be payable for any property delivered to the administrator before July 1, 2009. [L 2008, c 55, pt of §1]
Revision Note
"July 1, 2009" substituted for "the effective date of this chapter".
2023 Hawaii Revised Statutes › Title 28. Property › 523A. Unclaimed Property › 523A-13 Public sale of abandoned property.

§523A-13 Public sale of abandoned property.
(a) Except as otherwise provided in this section, the administrator, within three years after the receipt of abandoned property, shall sell it to the highest bidder at public sale at a location in the State which in the judgment of the administrator affords the most favorable market for the property. The administrator may decline the highest bid and reoffer the property for sale if the administrator considers the bid to be insufficient. The administrator need not offer the property for sale if the administrator considers that the probable cost of sale will exceed the proceeds of the sale. A sale held under this section shall be preceded by a single publication of notice, at least three weeks before 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 on the exchange at the time of sale. Other securities may be sold over-the-counter at prices prevailing at the time of sale or by any reasonable method selected by the administrator. If securities are sold by the administrator before the expiration of three years after their delivery to the administrator, a person making a valid claim under this part before the end of the three-year period shall be entitled to the proceeds of the sale of the securities or the market value of the securities at the time the valid claim is made, whichever is greater, plus dividends, interest, and other increments thereon up to the time the valid claim is made, less any deduction for expenses of sale. A person making a valid claim under this part after the expiration of the three-year period shall be entitled to receive the securities delivered to the administrator by the holder, if they still remain in the custody of the administrator, or the net proceeds received from sale, and shall not be entitled to receive any appreciation in the value of the property occurring after delivery to the administrator, except in a case of intentional misconduct or malfeasance by the administrator.
(c) A purchaser of property at a sale conducted by the administrator pursuant to this part shall take the property free of all claims of the owner or previous holder and of all persons claiming through or under them. The administrator shall execute all documents necessary to complete the transfer of ownership. [L 2008, c 55, pt of §1]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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 $3,000,000 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; am L 2023, c 36, §2]
2023 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".
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Hawaii Revised Statutes › Title 28. Property › 523A. Unclaimed Property › 523A-55 Agreement for State's payment of share of costs.

§523A-55 Agreement for State's payment of share of costs.
The director is authorized to enter into agreements establishing the time and manner for paying the State's proportionate share of any actual and necessary cost incurred by the United States in examining its records and reporting information to the State. Said agreements may provide for single payments at stated times over a period of years. The director shall make all payments at the time and in the manner provided in said agreements. [L 1988, c 93, pt of §2]
2023 Hawaii Revised Statutes › Title 28. Property › 523A. Unclaimed Property › 523A-56 Posting copy of report; notice of interest and intention to claim; determination of asserted interest.

§523A-56 Posting copy of report; notice of interest and intention to claim; determination of asserted interest.
(a) When a report is received from the Comptroller General or other proper officer of the United States, the director shall give the notice described in subsection (b) not later than May 1 of the year immediately following the report required by section 523A-54, at least once statewide.
(b) The public notice shall contain:
(1) The names in alphabetical order and last known address, if any, of any person listed in the report with property valued greater than $100;
(2) A statement identifying the location of a list of names and last known addresses, if any, of persons appearing to be owners of abandoned property; and stating that this list shall be made available as a government record; and
(3) A statement that information concerning the property and the name and last known address of the holder may be obtained by any person possessing an interest in the property by addressing an inquiry to the director.
(c) The director shall not be required to list in the notice any items of less than $50 unless the director considers the notice to be in the public interest. Any person asserting an interest in property described in the report may elect to claim against the United States, under the laws of the United States, in which event and within ninety days following the date of initial public notice the person shall notify the director of the person's asserted interest and intention to so claim. The director shall omit the property from any claim by the State until the asserted interest may be finally determined against the claimant. The interest shall not thereafter be asserted against the State. [L 1988, c 93, pt of §2; am L 1996, c 214, §8; am L 1998, c 2, §109]
2023 Hawaii Revised Statutes › Title 28. Property › 523A. Unclaimed Property › 523A-57 State's right unaffected by expiration of time for proceeding.

§523A-57 State's right unaffected by expiration of time for proceeding.
The expiration of any period of time specified by statute or court order, during which an action or proceeding may be commenced or enforced to obtain payment of a claim for funds or delivery of property shall not affect the right of this State to acquire possession of unclaimed property in accordance with the provisions of this part. [L 1988, c 93, pt of §2]
2023 Hawaii Revised Statutes › Title 28. Property › 523A. Unclaimed Property › 523A-59 Notice of proceedings.

§523A-59 Notice of proceedings.
(a) Commencing within five days after the filing of the petition, notice of the proceeding shall be published once each week for three consecutive weeks in a newspaper of general circulation published within the city and county of Honolulu. At the time the notice is first published, a copy of the petition and notice shall be posted at the courthouse in the county where each respondent was last known or presumed to have had an address. Such petition and such notice shall remain posted for forty-five days.
(b) The notice of proceeding shall advise that the State seeks custody of unclaimed property held by the United States. The names but not the addresses of the respondents shall be contained in the notice with a statement that such persons are believed to live or to have lived within the State and are believed to be or to have been owners of the unclaimed property. The notice shall not contain a description of the unclaimed property but shall advise that such description together with the last known or presumed addresses of owners may be determined by examining the petition filed in the proceeding. The petition and its place of filing shall be sufficiently identified and described. The notice shall specify when answers to the petition must be filed and advise that persons claiming an interest must answer the petition within the time prescribed by law if they elect to pursue their claims against the United States, otherwise their rights to property shall not be preserved, subject to delayed delivery as provided by law. The notice shall advise that section 523A-60 should be consulted for the time, form, and costs of any answer.
(c) The notice shall be deemed completed forty-five days after the date of first publication, whereupon the court shall have full and complete jurisdiction over the property described in the petition and not claimed within the time or in the manner provided in section 523A-61, and shall have full and complete jurisdiction to determine the right of the State to custody and to render an appropriate judgment therefor.
(d) The notice shall be served by first class mail, together with a copy of the petition, on the clerk, registrar, or other person in charge of the federal agency, department, instrumentality, or corporation having possession, custody, or control of such property, together with a statement that no personal claim is made against such clerk, registrar, or other person. [L 1988, c 93, pt of §2]
2023 Hawaii Revised Statutes › Title 28. Property › 523A. Unclaimed Property › 523A-60 Answer; disposition of funds on deposit; dismissal without prejudice.

§523A-60 Answer; disposition of funds on deposit; dismissal without prejudice.
Any person, whether or not named in the petition, may within fifteen days but not more than sixty days after the date of the first publication of the notice respond to the petition by answer describing the property, asserting an interest as owner or successor, and declaring an intention to claim the same from the United States under the laws of the United States. Such answer shall not be filed unless accompanied by the sum of $50, and no other answer or response shall be filed by or on behalf of a claimant. The court shall strike from the petition and dismiss from the proceeding all property described in an answer. Such dismissal shall be without prejudice to a subsequent petition should it appear that the claimant is not entitled to the property, and the interest asserted in said answer shall not thereafter be asserted against the State. The funds deposited with any answer shall be transmitted by the court to the director and shall be received for deposit in the general fund as total reimbursement for costs and services expended on behalf of the claimant. [L 1988, c 93, pt of §2]
2023 Hawaii Revised Statutes › Title 28. Property › 523A. Unclaimed Property › 523A-61 Application for judgment relating to property not claimed by answer, and finding and declaration thereon.

§523A-61 Application for judgment relating to property not claimed by answer, and finding and declaration thereon.
Within twenty days following expiration of time for filing an answer under section 523A-60, the attorney general shall apply to the court for a judgment relating to all property set forth in the petition and not claimed by answer. The court shall find that such property appears to be or to have been owned by persons residing within this State and remains unclaimed by such persons. The court shall declare that the property, which shall be described, is subject to custody of the State and shall be delivered to and received by the State to be retained until such time as it may be claimed pursuant to law. [L 1988, c 93, pt of §2]
2023 Hawaii Revised Statutes › Title 28. Property › 523A. Unclaimed Property › 523A-62 Request for delivery or payment of unclaimed property described in judgment; receipts.

§523A-62 Request for delivery or payment of unclaimed property described in judgment; receipts.
The director of finance shall request delivery or payment of all unclaimed property described in the judgment declaring the right of the State to receive custody of such property. The request shall be accompanied by a certified copy of said judgment and shall be directed to such officer, agency, or department of the United States as may have custody, possession or control of such property. The director shall furnish receipts for all property delivered or paid. [L 1988, c 93, pt of §2]
2023 Hawaii Revised Statutes › Title 28. Property › 523A. Unclaimed Property › 523A-63 Disposition of property received.

§523A-63 Disposition of property received.
Property received under this part shall be deposited or sold by the director as though received under part I of this chapter. Property received under this part shall not be subject to claim within two years following the date upon which it is paid to or received by the State. Thereafter, persons claiming an interest in the unclaimed property delivered to the State pursuant to this part shall make their claims in the manner provided in part I of this chapter. [L 1988, c 93, pt of §2]
Note
The amendment made by L 2008, c 55, §2 is not included in this section.