reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-158 - Rules for conducting examination

(a)
The treasurer shall prescribe by rule procedures and standards for an examination under §
66-29-157
, including procedures and standards for the use of an estimation, extrapolation, and statistical sampling during an examination.
(b)
An examination under §
66-29-157
must be performed in accordance with procedures and standards adopted by rule under subsection (a) and with generally accepted examination procedures and standards applicable to unclaimed property examinations.
(c)
If a person subject to examination under §
66-29-157
has filed all reports required by §
66-29-123
and has retained the records required by §
66-29-126
, the following provisions apply:
(1)
The examination must include a review of the person's records;
(2)
The examination must not be based on an estimate unless the person expressly consents in a record to the use of an estimate; and
(3)
The person conducting the examination shall consider all evidence presented by the person in good faith in preparing a report of the examination under §
66-29-162
.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-159 - Confidentiality of records obtained during examination

(a)
Records obtained in the course of conducting an examination under §
66-29-157
, including work papers compiled by the treasurer or the treasurer's agents, employees, or designated representatives, and any information that identifies the fact that a particular person, institution, business, or entity was or is the subject of an examination under §
66-29-157
, are confidential and are not public records; provided, that the records and information are not confidential:
(1)
To the extent that the person, institution, business, or entity that was or is the subject of the examination consents to disclosure;
(2)
To the extent that the treasurer, or the treasurer's employees, agents, or representatives use the records for the purpose of administering this part;
(3)
If used for the purposes of complying with a subpoena or a court order;
(4)
In joint unclaimed property examinations or audits conducted by the treasurer with, or pursuant to, an agreement with another state, federal agency, or any other governmental subdivision, agency, or instrumentality;
(5)
To the extent that the comptroller of the treasury or the comptroller's designees use the records for the purpose of an audit; or
(6)
In the course of any action or proceeding by the treasurer or the treasurer's employees, agents, or representatives to collect unclaimed property, to collect any unpaid interest due on unclaimed property, or to otherwise enforce this part.
(b)
As used in this section, "work papers" means those records created to serve as an input for final reporting documents.
(c)
All final reports submitted to the treasurer pursuant to §
66-29-123
are records open to the public, including the identity of any holder that submits a report; provided, that any information included in a final report that identifies the fact that a holder was the subject of an audit conducted under this part must be redacted prior to disclosure unless the disclosure falls within one (1) of the exceptions under subsection (a).
(d)
The treasurer has the sole discretion to implement disciplinary actions against any employee, agent, or representative of the treasurer who intentionally discloses records that are deemed confidential under this section, including, but not limited to, terminating a contract with any vendor that violates this section.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-160 - Evidence of unpaid debt or undischarged obligation

(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 with respect to such debt or obligation 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 replaced with another instrument because the earlier instrument was lost or contained errors that were corrected;
(3)
Issued to a party affiliated with the issuer;
(4)
Paid, satisfied, or discharged;
(5)
Issued in error;
(6)
Issued without consideration;
(7)
Voided within a reasonable time after issuance for a valid business reason set forth in a contemporaneous record; or
(8)
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 or custom and practice between the putative holder and the apparent owner.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-161 - Failure of person examined to retain records

If a person subject to examination under §
66-29-157
does not retain the records required by §
66-29-126
, the treasurer may determine the amount of property due using a reasonable method of estimation based on all information available to the treasurer, including extrapolation and the use of statistical sampling when appropriate and necessary, consistent with examination procedures and standards adopted under §
66-29-158
.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-162 - Report to person whose records were examined

At the conclusion of an examination under §
66-29-157
, unless waived in writing by the person being examined, the treasurer shall provide to the person whose records were examined a complete and unredacted examination report, which must identify in detail:
(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.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-163 - Request for intervention-Conference

(a)
If a person subject to examination under §
66-29-157
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 treasurer to intervene and take remedial action as the circumstances may require, 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 treasurer to present matters that are the basis of a request for intervention under subsection (a), the treasurer shall hold the conference not later than thirty (30) days after receiving the request. The treasurer may hold the conference in person, by telephone, or by electronic means. The treasurer may designate an employee of the treasurer to hold the conference under this subsection (b).
(c)
If a conference is held under subsection (b), the treasurer, or the treasurer's designee, shall provide a report in a record of the conference to the person that requested the conference not later than thirty (30) days after the conference.
Added by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-164 - Treasurer's contract with another to conduct examination

(a)
The treasurer may contract with a person to conduct an examination under this part. The treasurer shall make any contract entered into under this section available for public inspection during normal business hours.
(b)
Not less than sixty (60) days before contracting with a person to conduct an examination for the treasurer under subsection (a), the treasurer shall give the person to be examined a demand in a record to submit a report and deliver property that is subject to this part.
(c)
On request by a person subject to examination by a contractor, the treasurer shall deliver to the person a complete unredacted copy of the contract between the treasurer and the contractor relating to the examination and any contract between the contractor and a person employed or engaged by the contractor to conduct the examination.
(d)
(1)
It is hereby declared unlawful for the treasurer, or an individual employed by the treasurer who participates in, recommends, or approves the award of a contract under this section, to bid on, procure, or have any interest in a contract to conduct an examination under this section during the tenure of the treasurer's or employee's office or employment, and for six (6) months thereafter.
(2)
A person violating subsection (a) is liable to the state for any and all sums paid out by the state, together with interest at the rate of eight percent (8%) per annum, growing out of any such transaction.
(3)
A violation of subdivision (d)(1) is a Class E felony.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-165 - Report by treasurer

(a)
Not later than four (4) months after the end of a fiscal year, the treasurer shall compile and submit a report to the governor, comptroller of the treasury, speaker of the senate, and speaker of the house of representatives which must contain the following information for the immediately preceding fiscal year:
(1)
The total amount and value of all property paid or delivered to the treasurer under this part, separated into:
(A)
The amount voluntarily paid or delivered; and
(B)
The amount paid or delivered as a result of an examination under §
66-29-157
, which amount must be separated into the amount recovered as a result of an examination conducted by:
(i)
A state employee; and
(ii)
A person under contract under §
66-29-164
;
(2)
The name and amount paid to each contractor under §
66-29-164
and the percentage the total compensation paid to all contractors under §
66-29-164
bears to the total value of all property paid or delivered to the treasurer as a result of examinations;
(3)
The total amount and value of all property paid or delivered by the treasurer to persons that made claims for property held by the treasurer and the percentage the total payments made, or value of property paid or delivered, to claimants bears to the total value of property paid or delivered to the treasurer; and
(4)
The total amount of:
(A)
Claims made by persons claiming to be owners which were denied;
(B)
Claims made by persons claiming to be owners which were approved; and
(C)
Funds received and the value of property held by the treasurer subject to claims of owners.
(b)
The report submitted by the treasurer under subsection (a) is a public record subject to public disclosure without redaction under title 10, chapter 7, part 5.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-166 - Determination of liability for failure or refusal to pay or deliver property to treasurer

If the treasurer determines from an examination conducted under §
66-29-157
that a putative holder has failed or refused to pay or deliver property to the treasurer which is reportable under this part, the treasurer shall issue a determination of the putative holder's liability with respect to the payment or delivery of property, and provide to the putative holder notice in a record of the determination.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-168 - Judicial review of determination

A putative holder may seek relief from a determination under §
66-29-166
by seeking judicial review of the determination under §
66-29-169
.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-169 - Action against treasurer

(a)
Not later than ninety (90) days after receiving notice of the treasurer's determination under §
66-29-166
, the putative holder may:
(1)
File an action against the treasurer in the chancery court for Davidson County challenging all or part of the treasurer's determination of liability and seeking a declaration that the determination is unenforceable, in whole or in part; or
(2)
Pay or deliver the property to the treasurer and, not later than six (6) months after payment or delivery, initiate an action against the treasurer in the chancery court for Davidson County for a refund of all or part of the amount paid or a return of all or part of the property delivered.
(b)
If a putative holder pays or delivers the property to the treasurer at any time after the putative holder files an action under subdivision (a)(1), the court must continue the action as if it had been filed originally as an action for a refund or return of property under subdivision (a)(2).
(c)
A putative holder that is the prevailing party in an action under subsection (a) for a refund of money paid to the treasurer is entitled to interest on the amount refunded, at the same rate of interest a holder is required to pay to the treasurer under §
66-29-137
, from the date paid to the treasurer until the date of the refund.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-170 - Action to enforce determination and secure payment or delivery

(a)
When a determination under §
66-29-166
becomes final, and after the period for filing an action under §
66-29-169
, the treasurer may commence an action in the chancery court for Davidson County or in an appropriate court of another state to enforce the determination and secure payment or delivery of past due, unpaid, or undelivered property.
(b)
In an action under subsection (a), if no court in this state has jurisdiction over the defendant, the treasurer may commence an action in a federal or state court of competent jurisdiction.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-171 - Cooperation with another state or foreign country

The treasurer may:
(1)
Securely 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 another state or country, to examine its records of a putative holder; provided, that the state, country, or person agrees to abide by §
66-29-159
.
Added by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-172 - Action involving another state or foreign country

(a)
The treasurer, with the approval of the attorney general and reporter, may join other states or foreign countries to examine and seek enforcement of this part against any person believed to be holding property reportable under this part.
(b)
On request of another state or foreign country, the attorney general and reporter may commence an action on behalf of such state or country to enforce, in this state, the law of such state or country against a putative holder of property presumed abandoned and subject to a claim by the other state or country; provided, that such state or country agrees to pay the costs incurred by the attorney general and reporter in the action.
(c)
The treasurer, with approval of the attorney general and reporter, 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 such state or country on behalf of the treasurer. This state shall pay all costs, including reasonable attorney's fees and expenses, incurred by such state or country in an action under this subsection (c).
(d)
The treasurer, with approval of the attorney general and reporter, may pursue an action on behalf of this state to recover property subject to this part that is delivered into the custody of another state if the treasurer believes the property is subject to the custody of the treasurer.
(e)
The treasurer, with approval of the attorney general and reporter, may retain a private attorney in this state or another state or foreign country to commence an action to recover property on behalf of the treasurer 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 this state in an action under this section may be paid from property received under this part or net proceeds from the property. Expenses incurred to recover property must not be deducted from the amount that is subject to a claim under this part by the owner.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-173 - Civil penalty for failure to report, pay, or deliver property within prescribed time

Except as otherwise provided in §§
66-29-174
and
66-29-175
, the treasurer may assess against a holder who fails to report, pay, or deliver property within the time prescribed by this part a civil penalty of two hundred dollars ($200) for each day the duty is not performed, up to a cumulative maximum amount of five thousand dollars ($5,000).
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-174 - Civil penalty for evasion or failure to perform duty-Civil penalty for making fraudulent report

(a)
If a holder enters into a contract or other arrangement for the purpose of evading an obligation under this part, or otherwise willfully fails to perform a duty imposed on the holder under this part, the treasurer may assess against the holder 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 an additional twenty-five percent (25%) of the amount or value of any property for which the holder had a duty or obligation to report, pay, or deliver under this part.
(b)
If a holder makes a fraudulent report under this part, the treasurer may assess against the holder a civil penalty of one thousand dollars ($1,000) for each day from the date the fraudulent report was filed until a true and correct report is filed, up to a cumulative maximum of twenty-five thousand dollars ($25,000), plus an additional twenty-five percent (25%) of the amount or value of any property for which the holder had duty to report.
Added by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-175 - Waiver of civil penalty

The treasurer has the authority to not assess or to waive any penalty under §
66-29-173
or §
66-29-174
.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-176 - Enforceability of agreement to locate property

(a)
An agreement with an owner whereby the owner is to pay a fee or other remuneration for locating, delivering, recovering, or assisting in the recovery of property that has not yet been reported to the treasurer under this part is enforceable only if the agreement:
(1)
Is in writing;
(2)
Clearly sets forth the nature of the property and the services to be rendered;
(3)
Is signed by the apparent owner;
(4)
States the value of the property before and after the fee; and
(5)
Contains such other information as the state treasurer may, by rule, require.
(b)
An agreement by an apparent owner and a person, the primary purpose of which is to locate, deliver, recover, or assist in the location, delivery, or recovery of property held by the treasurer, is enforceable only if the agreement:
(1)
Is in a record that clearly sets forth 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 estimated or expected to be recovered, computed both before and after a fee or other compensation to be paid to the other person has been deducted;
(4)
Does not provide for compensation of more than ten percent (10%) of the value of the recoverable property or fifty dollars ($50.00), whichever is greater; and
(5)
Contains such other information as the state treasurer may, by rule, require.
(c)
An agreement under this section is void and unenforceable if it is entered into within two (2) years from the date on which the property was paid or delivered by the holder to the treasurer.
(d)
If a provision in an agreement described in this section applies to mineral proceeds for which compensation must be paid to a person based in whole or in part on a portion of the underlying minerals or mineral proceeds not then presumed abandoned, the provision is void and unenforceable, regardless of when the agreement is executed.
(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 treasurer or to contest the treasurer's denial of a claim for recovery of the property.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-177 - Apparent owner's agent

(a)
An apparent owner that contracts with a person to locate, deliver, recover, or assist in the location, delivery, or recovery of property of the apparent owner that is held by the treasurer may appoint or designate the person as the apparent owner's agent. The appointment or designation must be in a record signed by the apparent owner and delivered to the treasurer.
(b)
An apparent owner's agent is entitled to receive from the treasurer all information concerning the property which the apparent owner would be entitled to receive, including information that would otherwise be confidential information under §
66-29-178
.
(c)
If authorized by the apparent owner, the apparent owner's agent may bring an action against the treasurer on behalf of, and in the name of, the apparent owner.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-178 - Disclosure and use of confidential information

(a)
Information that is confidential under any law of this state other than this part, another state, or the United States, including personally identifying information, as that term is defined in §
10-7-504(a)(29)(C)
, and personal information, as that term is defined in §
47-18-2107
, continues to be confidential when disclosed or delivered under this part to the treasurer or the treasurer's agent; provided, that information that would otherwise be confidential, if for good cause and reasonably necessary for the enforcement or implementation of this part, may be disclosed by the treasurer or the treasurer's agent to:
(1)
An apparent owner or the apparent owner's personal representative or attorney, next of kin, or agent designated under §
66-29-177
;
(2)
A deceased apparent owner's personal representative or attorney, next of kin, agent designated under §
66-29-177
, or heir;
(3)
Another department or agency of this state or the United States;
(4)
The person who administers the unclaimed property law of another state, if the state accords substantially reciprocal privileges to the treasurer and the state agrees to maintain the confidentiality and security of the information in the same manner as the treasurer; and
(5)
A person who is the subject of an examination in an administrative or judicial proceeding relating to the property.
(b)
The treasurer and the treasurer's agent shall not use confidential information provided to them or in their possession for any purpose except as expressly authorized by this part or required by any other law of this state.
(c)
Except as otherwise provided in subsection (a), the treasurer shall include on a website or in a database as required by §
66-29-130(b)(4)
the name of each apparent owner of property held by the treasurer. The treasurer may include on the website or in the database additional information concerning the apparent owner's property if the treasurer believes the information will assist in facilitating identification and return of the property to the owner, and the treasurer does not disclose personally identifying information other than the home or physical address of an apparent owner.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-179 - Confidentiality agreement

A person to be examined under §
66-29-157
may require, as a condition of disclosing the person's records, that the treasurer or the treasurer's agent who has access to the records disclosed in the examination execute and deliver to the person to be examined a confidentiality agreement that:
(1)
Is in a form that is reasonably satisfactory to the treasurer; and
(2)
Requires the person to comply with the provisions of this part applicable to the person.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-180 - Inclusion of confidential information in notice not required

A holder is not required under this part to include confidential information in a notice the holder is required to provide to an apparent owner under this part.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-181 - Maintenance of confidential information in secure manner

(a)
If a holder is required to include confidential information in a report to the treasurer, the information must be provided in a secure manner.
(b)
If confidential information in a record is provided to and maintained by the treasurer and the treasurer's agent as required by this part, the treasurer and the treasurer's agent shall:
(1)
Implement administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of the information as required by state and federal law; and
(2)
Protect against reasonably anticipated threats or hazards to the security, confidentiality, or integrity of the information, and against unauthorized access to or use of the information for the purpose of preventing substantial harm or inconvenience to a holder or the holder's customers, including insureds, annuitants, policy or contract owners, and beneficiaries.
(c)
The treasurer shall:
(1)
Maintain confidential information held pursuant to this part in accordance with security and confidentiality policies prescribed by rule of the department of treasury; and
(2)
Require that the treasurer's agent maintain confidential information held pursuant to this part in a secure manner.
(d)
The treasurer or the treasurer's agent shall comply, and shall cooperate with a holder, if applicable, in complying with the requirements of §
47-18-2107
regarding the unauthorized acquisition of computerized data.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-182 - Uniformity of application and construction

In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-183 - Relation to Electronic Signatures in Global and National Commerce Act

Except as otherwise provided in this section, this part modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act (
15 U.S.C. § 7001
et seq.). This part does not modify, limit, or supersede Section 101(c) of the Act (
15 U.S.C. § 7001(c)
), or authorize electronic delivery of any of the notices described in Section 103(b) of the Act (
15 U.S.C. § 7003(b)
).
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 1 - UNIFORM UNCLAIMED PROPERTY ACT (§§ 66-29-101 — 66-29-184) › Section 66-29-184 - Transitional provision

(a)
An initial report filed under this part for property that was not required to be reported before July 1, 2017, but that is required to be reported under this part after July 1, 2017, must include all items of property that would have been presumed abandoned during the ten-year period immediately preceding July 1, 2017, as if this chapter had been in effect during that period.
(b)
This part does not relieve a holder of a duty that arose before July 1, 2017, to report, pay, or deliver property under any provision of law in effect before July 1, 2017. Except as otherwise provided in §
66-29-140
, a holder who did not comply with the law governing unclaimed property before July 1, 2017, is subject to applicable provisions for enforcement and penalties in effect before July 1, 2017.
(c)
Interest on interest-bearing property is not payable for any period before July 1, 2017, unless authorized by a provision of law superseded by this part.
Added by 2017 Tenn. Acts, ch. 457,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 2 - ABANDONED CULTURAL PROPERTY ACT (§§ 66-29-201 — 66-29-204) › Section 66-29-201 - Short title

This part shall be known and may be cited as the "Abandoned Cultural Property Act."
Acts 1984, ch. 862, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 2 - ABANDONED CULTURAL PROPERTY ACT (§§ 66-29-201 — 66-29-204) › Section 66-29-202 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Abandoned cultural property" means cultural property meeting the following three (3) conditions:
(A)
The property shall have been deposited with a museum, historical society, or similar not-for-profit institution for a period of at least twenty (20) years; or the property shall have been deposited with a museum, historical society, or similar not-for-profit institution for a definite term which has been expired for at least twenty (20) years;
(B)
The museum, historical society, or similar not-for-profit institution has been unable to contact the original depositor by certified mail; and
(C)
The original depositor or such depositor's heirs or assigns have not contacted the museum, historical society, or similar not-for-profit institution for at least twenty (20) years;
(2)
"Cultural property" means any work of art, regardless of the medium; any work of decorative art; any craft work; photographs; documents; costumes; weapons; the tools and equipment of the various trades and professions; archaeological and geological specimens; zoological and botanical specimens; historical postage and currency; silverware; objects associated with historical persons or events; and in general, any object which, when exhibited, serves to further the educational goals of the exhibiting institution; and
(3)
"Museum" means those museums and art galleries owned or operated by the state or any political subdivision of the state, and those museums, historical societies, and art galleries owned and operated by not-for-profit corporations.
Acts 1984, ch. 862, § 2; 1985, ch. 153, § 1; 1991, ch. 203, §§ 1, 2.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 2 - ABANDONED CULTURAL PROPERTY ACT (§§ 66-29-201 — 66-29-204) › Section 66-29-203 - Abandonment - Notice - Vesting of title in museum

(a)
Any abandoned cultural property held by a museum to which no person has made claim shall be deemed to be abandoned.
(b)
A museum holding abandoned cultural property shall publish in at least one (1) newspaper of general circulation in the county in which the institution is located at least once a week for two (2) consecutive weeks a notice and listing of the property. The notice shall contain:
(1)
The name and last known address, if any, of the last known owner of the property;
(2)
A description of the property; and
(3)
A statement that if proof of claim is not presented by the owner to the museum and if the owner's right to receive that property is not established to the museum's satisfaction within sixty-five (65) days from the date of the second published notice, the property will be deemed abandoned and shall become the property of the museum.
(c)
If no claim has been made to the abandoned cultural property within sixty-five (65) days from the date of the second published notice, title to the property shall vest in the museum, free from all claims of the owner and of all persons claiming through or under the owner.
Acts 1984, ch. 862, § 3.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 2 - ABANDONED CULTURAL PROPERTY ACT (§§ 66-29-201 — 66-29-204) › Section 66-29-204 - Exclusivity of provisions

This part shall control the procedure and disposition of any property to which it applies in lieu of any other procedure prescribed by law including the Uniform Unclaimed Property Act, compiled in part 1 of this chapter.
Acts 1984, ch. 862, § 4.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 3 - ABANDONED AIRCRAFT (§§ 66-29-301 — 66-29-306) › Section 66-29-301 - Part definitions

As used in this part:
(1)
"Abandoned aircraft" means:
(A)
An aircraft left in a wrecked, inoperative, or partially dismantled condition on a public-use airport; and
(B)
An aircraft that has remained in an idle state on a public-use airport for forty-five (45) consecutive calendar days without a contractual agreement between the owner or operator of the aircraft and the airport authority for use of the airport premises;
(2)
"Airport authority" means an authority created pursuant to title 42, chapter 3, 4, or 5;
(3)
"Derelict aircraft" means any aircraft that is not in a flyable condition, does not have a current certificate of air worthiness issued by the federal aviation administration, and is not in the process of actively being repaired; and
(4)
"Public-use airport" is an airport owned or controlled by an airport authority.
Added by 2016 Tenn. Acts, ch. 800,s 1, eff. 4/14/2016.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 3 - ABANDONED AIRCRAFT (§§ 66-29-301 — 66-29-306) › Section 66-29-302 - Discovery of derelict or abandoned aircraft at public-use airport - Notification of owner or other interested party

(a)
If a derelict or abandoned aircraft is discovered on a public-use airport, whether or not the public-use airport is under a lease or license to a third party, the airport authority shall:
(1)
Make a record of the date the aircraft was discovered on the public-use airport; and
(2)
Inquire as to the name and address of any person having an equitable or legal interest in the aircraft, including the owner and any lien holders, by:
(A)
Contacting the federal aviation administration, aircraft registration branch, and making a diligent search of the appropriate records; or
(B)
Contacting an aircraft title search company.
(b)
Within ten (10) business days of receiving the information requested pursuant to subsection (a), the airport authority shall notify the owner and all other interested parties by certified mail, return receipt requested:
(1)
Of the location of the derelict or abandoned aircraft on the public-use airport;
(2)
That fees and charges for the use of the airport by the aircraft have accrued and the amount of those fees and charges;
(3)
That the aircraft is subject to a lien under §
66-29-304
for any unpaid and accrued fees and charges for the use of the airport and for the transportation, storage, and removal of the aircraft;
(4)
That the lien is subject to enforcement pursuant to this part;
(5)
That the airport may use, trade, sell, or remove the aircraft as described in §
66-29-303
if, within thirty (30) calendar days after the date of receipt of the notice, the owner or other interested party has not removed the aircraft from the airport and paid in full all accrued fees and charges for the use of the airport and for the transportation, storage, and removal of the aircraft; and
(6)
That the airport authority may remove the aircraft in less than thirty (30) calendar days if the aircraft poses a danger to the health or safety of users of the public-use airport, as determined by the airport authority.
(c)
(1)
If, after the inquiry required by subdivision (a)(2), the owner of the aircraft is unknown or cannot be found, the airport authority shall place a notice upon the aircraft in a conspicuous position containing the information required by subdivisions (b)(2)-(6).
(2)
The notice under subdivision (c)(1) shall be not less than eight inches (8") by ten inches (10") and shall be laminated or otherwise sufficiently weatherproof to withstand normal exposure to rain, snow, and other conditions.
Added by 2016 Tenn. Acts, ch. 800,s 1, eff. 4/14/2016.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 3 - ABANDONED AIRCRAFT (§§ 66-29-301 — 66-29-306) › Section 66-29-303 - Retention, trade, sale, or disposal of aircraft by airport authority

(a)
If, after thirty (30) calendar days of the owner or other interested party receiving the notice or after thirty (30) calendar days of posting the notice on the aircraft, the owner or other interested party has not removed the aircraft from the airport and paid in full all accrued fees and charges for the use of the airport and for the transportation, storage, and removal of the aircraft, or shown reasonable cause for the failure to do so, the airport authority may:
(1)
Retain the aircraft for use by the airport, the state, or the unit of local government owning or operating the airport;
(2)
Trade the aircraft to another unit of local government or a state agency;
(3)
Sell the property; or
(4)
Dispose of the property through an appropriate refuse removal company or a company that provides salvage services for aircraft.
(b)
If the airport authority elects to sell the aircraft in accordance with subdivision (a)(3), the aircraft shall be sold at public auction after giving notice of the time and place of sale, at least ten (10) calendar days prior to the date of sale, in a newspaper of general circulation within the county where the airport is located and after providing written notice of the intended sale to all parties known to have an interest in the aircraft.
(c)
If the airport authority elects to dispose of the aircraft in accordance with subdivision (a)(4), the airport authority shall be entitled to negotiate with the company for a price to be received from the company in payment for the aircraft, or, if circumstances so warrant, a price to be paid to the company by the airport authority for the costs of disposing of the aircraft. All information and records pertaining to the establishment of the price and the justification for the amount of the price shall be prepared and maintained by the airport authority.
(d)
If the sale price or the negotiated price is less than the airport authority's then current fees and charges against the aircraft, the owner of the aircraft shall remain liable to the airport authority for the fees and charges that are not offset by the sale price or negotiated price.
(e)
All costs incurred by the airport authority in the removal, storage, and sale of any aircraft shall be recoverable against the owner of the aircraft.
Added by 2016 Tenn. Acts, ch. 800,s 1, eff. 4/14/2016.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 3 - ABANDONED AIRCRAFT (§§ 66-29-301 — 66-29-306) › Section 66-29-304 - Lien on derelict or abandoned aircraft

(a)
The airport authority shall have a lien on a derelict or abandoned aircraft for all unpaid fees and charges for the use of the airport by the aircraft and for all unpaid costs incurred by the airport authority for the transportation, storage, and removal of the aircraft. As a prerequisite to perfecting a lien under this section, the airport authority shall serve a notice in accordance with §
66-29-302
on the last registered owner and all persons having an equitable or legal interest in the aircraft.
(b)
(1)
For the purpose of perfecting its lien under this section, the airport authority shall record a claim of lien that states:
(A)
The name and address of the airport;
(B)
The name of the last registered owner of the aircraft and all persons having a legal or equitable interest in the aircraft;
(C)
The fees and charges incurred by the aircraft for the use of the airport and the costs for the transportation, storage, and removal of the aircraft; and
(D)
A description of the aircraft sufficient for identification.
(2)
The claim of lien shall be signed and sworn to or affirmed by the airport authority's director or the director's designee.
(3)
The claim of lien shall be served on the last registered owner of the aircraft and all persons having an equitable or legal interest in the aircraft. The claim of lien shall be so served before recordation.
(4)
The claim of lien shall be recorded with the register of the county where the airport is located. The recording of the claim of lien shall be constructive notice to all persons of the contents and effect of such claim. The lien shall attach at the time of recordation and shall take priority as of that time.
Added by 2016 Tenn. Acts, ch. 800,s 1, eff. 4/14/2016.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 3 - ABANDONED AIRCRAFT (§§ 66-29-301 — 66-29-306) › Section 66-29-305 - Proceeds of sale of aircraft

(a)
If the aircraft is sold, the airport authority shall satisfy the airport authority's lien, plus the reasonable expenses of notice, advertisement, and sale, from the proceeds of the sale.
(b)
The balance of the proceeds of the sale, if any, shall be held by the airport authority, and delivered on demand to the owner of the aircraft.
(c)
If no person claims the balance within twelve (12) months of the date of sale, the airport authority shall retain the funds and use the funds for airport operations.
Added by 2016 Tenn. Acts, ch. 800,s 1, eff. 4/14/2016.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 29 - ABANDONED OR UNCLAIMED PROPERTY (§§ 66-29-101 — 66-29-306) › Part 3 - ABANDONED AIRCRAFT (§§ 66-29-301 — 66-29-306) › Section 66-29-306 - Person acquiring legal interest in aircraft - Documents of disposition

(a)
Any person acquiring a legal interest in an aircraft under this part shall be the lawful owner of the aircraft and all other legal or equitable interests in that aircraft shall be divested; provided, that the holder of any legal or equitable interest was notified of the intended disposal of the aircraft as required in this part.
(b)
The airport authority may issue documents of disposition to the purchaser or recipient of an aircraft disposed of under this part.
Added by 2016 Tenn. Acts, ch. 800,s 1, eff. 4/14/2016.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 30 - RESIDENTIAL GROUND RENT ACT (§§ 66-30-101 — 66-30-106) › Section 66-30-101 - Short title

This chapter shall be known and may be cited as the "Tennessee Residential Ground Rent Act."
Acts 1980, ch. 735, § 1; T.C.A., § 64-3001.