reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-34. Declining Custody of Property; Delivering Property Before Presumed Abandoned

Sec. 34. (a) The attorney general may decline to take custody of property reported under section 18 of this chapter if the attorney general determines that:
(1) the property has a value less than the estimated expenses of notice and sale of the property; or
(2) taking custody of the property would be unlawful.
(b) A holder may pay or deliver property to the attorney general before the property is presumed abandoned under this chapter if the holder:
(1) sends the apparent owner of the property notice required by section 23 of this chapter and provides the attorney general evidence of the holder's compliance with this subsection;
(2) includes with the payment or delivery a report regarding the property conforming to section 19 of this chapter; and
(3) first obtains the attorney general's consent in a record to accept payment or delivery.
(c) A holder's request for the attorney general's consent under subsection (b)(3) must be in a record. If the attorney general fails to respond to the request not later than thirty (30) days after receipt of the request, the attorney general is deemed to have denied the payment or delivery of the property.
(d) On payment or delivery of property under subsection (b), the property is presumed abandoned.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-35. Disposal of Property; Actions Against State

Sec. 35. (a) If the attorney general takes custody of property delivered under this chapter and later determines that the property has no substantial commercial value or that the cost of disposing of the property will exceed the value of the property, the attorney general may return the property to the holder or destroy or otherwise dispose of the property.
(b) An action or proceeding may not be commenced against the state, an agency of the state, the attorney general, another officer, employee, or agent of the state, or a holder for or because of an act of the attorney general under this section, except for intentional misconduct or malfeasance.
As added by P.L.141-2021, SEC.20.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 five thousand dollars ($5,000).
(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. Amended by P.L.101-2023, SEC.7.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-57. Estimating Value of Property

Sec. 57. If a person subject to examination under section 53 of this chapter does not retain the records required by section 21 of this chapter, the attorney general may determine the value of property due using a reasonable method of estimation based on all information available to the attorney general, including extrapolation and use of statistical sampling when appropriate and necessary, consistent with examination procedures and standards under section 54 of this chapter.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-58. Examination Report

Sec. 58. At the conclusion of an examination under section 53 of this chapter, the attorney general or the attorney general's agent shall provide to the person whose records were examined a complete and unredacted examination report that specifies:
(1) the work performed;
(2) the property types reviewed;
(3) the methodology of any estimation technique, extrapolation, or statistical sampling used in conducting the examination;
(4) each calculation showing the value of property determined to be due; and
(5) the findings of the person conducting the examination.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-59. Intervention in Examination; Request for Conference

Sec. 59. (a) If a person subject to examination under section 53 of this chapter believes the person conducting the examination has made an unreasonable or unauthorized request or is not proceeding expeditiously to complete the examination, the person in a record may ask the attorney general to intervene and take appropriate remedial action, including countermanding the request of the person conducting the examination, imposing a time limit for completion of the examination, or reassigning the examination to another person.
(b) If a person in a record requests a conference with the attorney general to present matters that are the basis of a request under subsection (a), the attorney general shall hold the conference not later than thirty (30) days after receiving the request. The attorney general may hold the conference in person, by telephone, or by electronic means.
(c) If a conference is held under subsection (b), not later than thirty (30) days after the conference ends, the attorney general shall provide a report in a record of the conference to the person that requested the conference.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-60. Contract With Person to Conduct Examination

Sec. 60. (a) As used in this section, "related to the attorney general" means an individual who is:
(1) the attorney general's spouse, partner in a civil union, domestic partner, or reciprocal beneficiary;
(2) the attorney general's child, stepchild, grandchild, parent, stepparent, sibling, stepsibling, half-sibling, aunt, uncle, niece, or nephew;
(3) a spouse, partner in a civil union, domestic partner, or reciprocal beneficiary of an individual under subdivision (2); or
(4) any individual residing in the attorney general's household.
(b) The attorney general may contract with a person to conduct an examination under this chapter. The contract may be awarded only under IC 5-22.
(c) If the person with which the attorney general contracts under subsection (b) is:
(1) an individual, the individual may not be related to the attorney general; or
(2) a business entity, the entity may not be owned in whole or in part by the attorney general or an individual related to the attorney general.
(d) At least sixty (60) days before assigning a person under contract with the attorney general under subsection (b) to conduct an examination, the attorney general shall demand in a record that the person to be examined submit a report and deliver property that is previously unreported.
(e) If the attorney general contracts with a person under subsection (b):
(1) the contract may provide for compensation of the person based on a fixed fee, hourly fee, or contingent fee;
(2) a contingent fee arrangement may not provide for a payment that exceeds ten percent (10%) of the amount or value of property paid or delivered as a result of the examination; and
(3) on request by a person subject to examination by a contractor, the attorney general shall deliver to the person a complete and unredacted copy of the contract and any contract between the contractor and a person employed or engaged by the contractor to conduct the examination.
(f) A contract under subsection (b) is subject to public disclosure without redaction under IC 5-14-3.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-61. Ethics and Conflicts of Interest

Sec. 61. The attorney general or an individual employed by the attorney general who participates in, recommends, or approves the award of a contract under section 60(b) of this chapter on or after July 1, 2021, is subject to the ethics and conflicts of interest provisions under IC 4-2-6.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-62. Annual Report to Treasurer of State

Sec. 62. (a) Not later than three (3) months after the end of the fiscal year, the attorney general shall compile and submit a report to the treasurer of state. The report must contain the following information about property presumed abandoned for the preceding fiscal year for the state:
(1) The total amount and value of all property paid or delivered under this act to the attorney general, separated into the following:
(A) The part voluntarily paid and delivered.
(B) The part paid or delivered as a result of an examination under section 53 of this chapter, separated into the following:
(i) The part received as a result of an examination conducted by a state employee.
(ii) The part received as a result of an examination conducted by a contractor under section 60 of this chapter.
(2) The name of and amount paid to each contractor under section 60 of this chapter and the percentage of the total compensation paid to all contractors under section 60 of this chapter bears to the total amount paid or delivered to the attorney general as a result of all examinations performed under section 60 of this chapter.
(3) The total amount and value of all property paid or delivered by the attorney general to persons that made claims for property held by the attorney general under this chapter and the percentage the total payments made and value of property delivered to claimants bears to the total amounts paid and value delivered to the attorney general.
(4) The total amount of claims made by persons claiming to be owners which were denied, were allowed, and are pending.
(b) The report under subsection (a) is a public record subject to public disclosure without redaction under IC 5-14-3.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-63. Determination of Putative Holder's Liability

Sec. 63. If the attorney general determines from an examination conducted under section 53 of this chapter that a putative holder failed or refused to pay or deliver to the attorney general property which is reportable under this chapter, the attorney general shall issue a determination of the putative holder's liability to pay or deliver and give notice in a record to the putative holder of the determination.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-65. Relief From Determination Made by Attorney General

Sec. 65. A putative holder may seek relief from a determination under section 63 of this chapter by:
(1) administrative review under section 66 of this chapter; and
(2) after the administrative remedies under section 66 of this chapter are exhausted, judicial review under section 67 of this chapter.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-66. Administrative Remedies

Sec. 66. (a) Not later than ninety (90) days after receiving notice of the attorney general's determination under section 63 of this chapter, a putative holder may initiate a proceeding under IC 4-21.5 for review of the attorney general's determination.
(b) A final decision in an administrative proceeding initiated under subsection (a) is subject to judicial review by a court with jurisdiction.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-67. Judicial Review and Procedure

Sec. 67. (a) Not later than ninety (90) days after the putative holder has exhausted the administrative remedies available in section 66 of this chapter, the putative holder may:
(1) file an action against the attorney general in a court with jurisdiction challenging the attorney general's determination of liability and seeking a declaration that the determination is unenforceable, in whole or in part; or
(2) pay the amount or deliver the property determined by the attorney general to be paid or delivered to the attorney general and, not later than six (6) months after payment or delivery, file an action against the attorney general in a court with jurisdiction for a refund of all or part of the amount paid or return of all or part of the property delivered.
(b) If a putative holder pays or delivers property the attorney general determined must be paid or delivered to the attorney general at any time after the putative holder files an action under subsection (a)(1), the court shall continue the action as if it had been filed originally as an action for a refund or return of property under subsection (a)(2).
(c) Upon the final determination of an action filed under subsection (a), the court may award reasonable attorney's fees to a putative holder that prevails in an action under this section.
(d) A putative holder that prevails in an action under subsection (a)(2) for a refund of money paid to the attorney general is entitled to interest on the amount refunded, at the same rate a holder is required to pay to the attorney general under section 71(a) of this chapter, from the date paid to the attorney general until the date of the refund.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-68. Enforcement of Determination

Sec. 68. If a determination under section 63 of this chapter becomes final and is not subject to administrative or judicial review, the attorney general may commence an action in a court with jurisdiction over the defendant to enforce the determination and secure payment or delivery of past due, unpaid, or undelivered property. The action must be brought not later than one (1) year after the determination becomes final.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-69. Exchanging Records With Another State or Foreign Country

Sec. 69. (a) Subject to subsection (b), the attorney general may:
(1) exchange information with another state or foreign country relating to property presumed abandoned or relating to the possible existence of property presumed abandoned; and
(2) authorize in a record another state or foreign country or a person acting on behalf of the other state or country to examine its records of a putative holder under sections 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, and 62 of this chapter.
(b) An exchange or examination under subsection (a) may be done only if the state or foreign country has confidentiality and security requirements substantially equivalent to those in sections 77, 78, 79, 80, 81, 82, 83, and 84 of this chapter or agrees in a record to be bound by this state's confidentiality and security requirements.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-70. Action With or on Behalf of Another State or Foreign Country

Sec. 70. (a) The attorney general may join another state or foreign country to examine and seek enforcement of this chapter against a putative holder.
(b) On request of another state or foreign country, the attorney general may commence an action on behalf of the other state or country to enforce, in this state, the law of the other state or country against a putative holder subject to a claim by the other state or country, if the other state or country agrees to pay the costs incurred by the attorney general in the action.
(c) The attorney general may request the official authorized to enforce the unclaimed property law of another state or foreign country to commence an action to recover property in the other state or country on behalf of the attorney general. The state shall pay all the costs, including reasonable attorney's fees and expenses, incurred by the other state or foreign country in an action under this subsection.
(d) The attorney general may pursue an action on behalf of this state to recover property subject to this chapter but delivered to the custody of another state if the attorney general believes the property is subject to the custody of the attorney general.
(e) The attorney general may retain an attorney in this state, another state, or a foreign country to commence an action to recover property on behalf of the attorney general and may agree to pay attorney's fees based in whole or in part on a fixed fee, hourly fee, or a percentage of the amount or value of property recovered in the action.
(f) Expenses incurred by the state in an action under this section may be paid from property received under this chapter or the net proceeds of the property. Expenses paid to recover property may not be deducted from the amount that is subject to a claim under this chapter by the owner.
As added by P.L.141-2021, SEC.20. Amended by P.L.9-2022, SEC.71.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-71. Interest Rates and Civil Penalties for Undelivered Property

Sec. 71. (a) A holder that fails to report, pay, or deliver property within the time prescribed by this chapter shall pay to the attorney general interest at the following rates:
(1) The annual interest rate for a period of one (1) year or less after the time required by this chapter for reporting, payment, or delivery of property is the one (1) year Treasury Bill rate published in The Wall Street Journal or its successor on the third Tuesday of the month in which the remittance was due, plus one (1) percentage point.
(2) The interest rate for each year after the initial year to which subdivision (1) applies is the one (1) year Treasury Bill rate published in The Wall Street Journal or its successor on the third Thursday of the month immediately preceding the anniversary of the due date, plus one (1) percentage point.
(b) Except as otherwise provided in sections 72 and 73 of this chapter, the attorney general may require a holder that fails to report, pay, or deliver property within the time prescribed by this chapter to pay to the attorney general, in addition to interest under subsection (a), a civil penalty of two hundred dollars ($200) for each day the duty is not performed, up to a cumulative maximum of five thousand dollars ($5,000).
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-72. Civil Penalties for Evasion and Fraudulent Reports

Sec. 72. (a) If a holder enters into a contract or other arrangement for the purpose of evading an obligation under this chapter or otherwise willfully fails to perform a duty imposed on the holder under this chapter, the attorney general may require the holder to pay the attorney general, in addition to interest under section 71(a) of this chapter, a civil penalty of one thousand dollars ($1,000) for each day the obligation is evaded or the duty is not performed, up to a cumulative maximum amount of twenty-five thousand dollars ($25,000), plus twenty-five percent (25%) of the amount or value of property that should have been but was not reported, paid, or delivered as a result of the evasion or failure to perform.
(b) If a holder makes a fraudulent report under this chapter, the attorney general may require the holder to pay to the attorney general, in addition to interest under section 71(a) of this chapter, a civil penalty of one thousand dollars ($1,000) for each day from the date the report was made until corrected, up to a cumulative maximum of twenty-five thousand dollars ($25,000), plus twenty-five percent (25%) of the amount or value of any property that should have been reported but was not included in the report or was underreported.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-73. Waiving Interest and Penalties

Sec. 73. The attorney general shall waive interest under section 71(a) of this chapter and penalties under sections 71(b) and 72 of this chapter if the attorney general determines the holder acted in good faith and without negligence.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-74. Agreements to Locate or Recover Property

Sec. 74. An agreement by an apparent owner and another person, the primary purpose of which is to locate, deliver, recover, or assist in the location, delivery, or recovery of property held by the attorney general, is enforceable only if the agreement:
(1) is in a record that clearly states the nature of the property and the services to be provided;
(2) is signed by or on behalf of the apparent owner;
(3) states the amount or value of the property reasonably expected to be recovered, computed before and after a fee or other compensation to be paid to the person has been deducted; and
(4) informs the apparent owner that a claim for property held by the attorney general may be made without charge through the attorney general's office.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-75. Unenforceable Agreements to Locate or Recover Property

Sec. 75. (a) Subject to subsection (b), an agreement under section 74 of this chapter is void if it is entered into during the period beginning on the date the property was paid or delivered by a holder to the attorney general and ending twenty-four (24) months after the payment or delivery.
(b) If a provision in an agreement described in subsection (a) applies to mineral proceeds for which compensation is to be paid to the other person based in whole or in part on a part of the underlying minerals or mineral proceeds not then presumed abandoned, the provision is void regardless of when the agreement was entered into.
(c) An agreement under subsection (a) which provides for compensation in an amount that is unconscionable is unenforceable except by the apparent owner. Compensation for an agreement under subsection (a) is unconscionable if the fee or compensation is more than ten percent (10%) of the amount collected, unless the amount collected is fifty dollars ($50) or less, and may not exceed five thousand dollars ($5,000). An apparent owner that believes the compensation the apparent owner has agreed to pay is unconscionable or the attorney general, acting on behalf of an apparent owner, or both, may file an action in a court with jurisdiction to reduce the compensation to the maximum amount that is not unconscionable. An apparent owner that prevails in an action under this subsection may be awarded reasonable attorney's fees.
(d) An apparent owner or the attorney general may assert that an agreement described in this section is void on a ground other than it provides for payment of unconscionable compensation.
(e) This section does not apply to an apparent owner's agreement with an attorney to pursue a claim for recovery of specifically identified property held by the attorney general or to contest the attorney general's denial of a claim for recovery of the property.
As added by P.L.141-2021, SEC.20.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 1.5. Revised Unclaimed Property Act › 32-34-1.5-76. Agent of Apparent Owner

Sec. 76. (a) An apparent owner that contracts with another person to locate, deliver, recover, or assist in the location, delivery, or recovery of property of the apparent owner which is held by the attorney general may designate the person as the agent of the apparent owner. The designation must be in a record signed by the apparent owner.
(b) The attorney general shall give the agent of the apparent owner all information concerning the property which the apparent owner is entitled to receive, including information that otherwise is confidential information under section 78 of this chapter.
(c) If authorized by the apparent owner, the agent of the apparent owner may bring an action against the attorney general on behalf of and in the name of the apparent owner.
As added by P.L.141-2021, SEC.20.