reglab/statecodes huggingface dataset:
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 1b - Transition to New Gubernatorial Administration › Section 106 - Governor's budget.

Effective 5/5/2021
67-1b-106.
Governor's budget.
(1) During a transition period:
(a) the governor-elect is entitled to participate in all executive branch budget meetings;
(b) subject to Title 63G, Chapter 2, Government Records Access and Management Act, the executive branch shall make records and information related to the preparation of the governor's confidential draft proposed budget available to the governor-elect; and
(c) the incumbent governor shall consider any proposed additions or changes from the governor-elect in preparing the governor's confidential draft proposed budget recommendations to be submitted to the Office of Legislative Fiscal Analyst in accordance with Section 63J-1-201.
(2)
(a) If the governor-elect proposes additions or changes to the governor that are not adopted by the governor in preparing the governor's confidential draft proposed budget recommendations, the governor-elect may prepare confidential proposed additions or changes and submit them to the Office of the Legislative Fiscal Analyst concurrent with the governor's confidential draft proposed budget recommendations.
(b) The Governor's Office of Planning and Budget shall, at the request of the governor-elect, assist the governor-elect in preparing confidential proposed additions or changes to the incumbent governor's draft proposed budget recommendations for submission to the Office of the Legislative Fiscal Analyst.
(3)
(a) After the incumbent governor's confidential draft proposed budget recommendations are submitted to the Office of the Legislative Fiscal Analyst, the governor-elect is responsible for preparing the proposed budget to be submitted to the presiding officers of each house of the Legislature in accordance with Section 63J-1-201, and shall submit the proposed budget to the presiding officers of each house of the Legislature after assuming the office of governor.
(b) The executive branch shall provide the governor-elect with any assistance reasonably requested by the governor-elect to prepare the proposed budget to be submitted to the presiding officers of each house of the Legislature.
(c) A governor whose term ends following a transition period may not submit a proposed budget to the presiding officers of each house of the Legislature.
Enacted by Chapter 394, 2021 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 3 - Auditor › Section 1.5 - Fees of state auditor.

67-3-1.5.
Fees of state auditor.
The state auditor shall receive the following fees:
For a copy of any paper filed or recorded in his office, 20 cents per folio.
For affixing certificate, with or without seal, $1.
For filing any paper not otherwise provided for, $1.
Renumbered and Amended by Chapter 46, 2001 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 3 - Auditor › Section 2 - Right to compel accounting by, and state accounts with, all collectors of state money -- Escheats.

67-3-2.
Right to compel accounting by, and state accounts with, all collectors of state money -- Escheats.
Whenever any person has received money, or has money or other personal property which belongs to the state by escheat or otherwise, or has been entrusted with the collection, management or disbursement of any money, bonds, or interest accruing thereon, belonging to or held in trust by the state, and fails to render an account thereof to and make settlement with the state auditor within the time prescribed by law, or, when no particular time is specified, fails to render such account and make settlement, or who fails to pay into the state treasury any money belonging to the state, upon being required so to do by the state auditor, within 20 days after such requisition, the state auditor must state an account with such person, charging 25% damages, and interest at the rate of 10% per annum from the time of failure; a copy of such account in any suit thereon shall be prima facie evidence of the things therein stated. In case the state auditor cannot, for want of information, state such an account, he may in any action brought by him aver the fact, and allege generally the amount of money or other property which is due to or which belongs to the state.
No Change Since 1953
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 3 - Auditor › Section 4 - Appropriations not to be diverted from purposes.

67-3-4.
Appropriations not to be diverted from purposes.
No appropriation and no surplus of any appropriation shall be diverted from any account to any other account, except as provided by law, and the money appropriated, or so much as may be necessary, shall be applied to the payment of the item for which the appropriation is made and nothing else.
No Change Since 1953
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 3 - Auditor › Section 5 - Right of visitation and examination.

67-3-5.
Right of visitation and examination.
For the purpose of carrying out the duties of the state auditor, the state auditor shall have access to all offices of public entities during business hours for the inspection of their records, regardless of any general limitation on access to records provided in an entity's individual statute.
Amended by Chapter 78, 2003 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 3 - Auditor › Section 8 - Preparation and distribution of budget forms.

67-3-8.
Preparation and distribution of budget forms.
The state auditor shall formulate and print budget forms for all cities, all counties, and all school districts. These budget forms shall be distributed at cost to each city, county, and school district.
Amended by Chapter 292, 2003 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 3 - Auditor › Section 10 - Background checks for employees.

Effective 5/8/2018
67-3-10.
Background checks for employees.
(1) As used in this section, "bureau" means the Bureau of Criminal Identification created in Section 53-10-201.
(2) Beginning July 1, 2018, the state auditor shall require employees involved in an audit, investigation, or review requiring access to information and records, the access to which requires a background check by federal statute or regulation, to submit to a fingerprint-based local, regional, and national criminal history background check and ongoing monitoring as a condition of employment.
(3) Each individual in a position listed in Subsection (2) shall provide a completed fingerprint card to the state auditor upon request.
(4) The state auditor shall require that an individual required to submit to a background check under Subsection (3) provide a signed waiver on a form provided by the state auditor that meets the requirements of Subsection 53-10-108(4).
(5) For a noncriminal justice background search and registration in accordance with Subsection 53-10-108(13), the state auditor shall submit to the bureau:
(a) the applicant's personal identifying information and fingerprints for a criminal history search of applicable local, regional, and national databases; and
(b) a request for all information received as a result of the local, regional, and nationwide background check.
(6) The state auditor is responsible for the payment of all fees required by Subsection 53-10-108(15) and any fees required to be submitted to the Federal Bureau of Investigation by the bureau.
(7) The state auditor may set office policy that:
(a) determines how the state auditor will assess the employment status of an individual upon receipt of background information; and
(b) identifies the appropriate privacy risk mitigation strategy to be used in accordance with Subsection 53-10-108(13)(b).
Enacted by Chapter 427, 2018 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 3 - Auditor › Section 11 - Health care price transparency tool -- Transparency tool requirements.

Affected by 63I-1-267 on 7/1/2024
Effective 5/3/2023
67-3-11.
Health care price transparency tool -- Transparency tool requirements.
(1) The state auditor shall create a health care price transparency tool:
(a) subject to appropriations from the Legislature and any available funding from third-party sources;
(b) with technical support from the Public Employees' Benefit and Insurance Program created in Section 49-20-103, the Department of Health and Human Services, and the Insurance Department; and
(c) in accordance with the requirements in Subsection (2).
(2) A health care price transparency tool created by the state auditor under this section shall:
(a) present health care price information for consumers in a manner that is clear and accurate;
(b) be available to the public in a user-friendly manner;
(c) incorporate existing data collected under Section 26B-8-504;
(d) incorporate data collected under Section 26B-4-204, regarding fees for qualified medical providers recommending medical cannabis, as those terms are defined in Section 26B-4-201;
(e) group billing codes for common health care procedures;
(f) be updated on a regular basis; and
(g) be created and operated in accordance with all applicable state and federal laws.
(3) The state auditor may make the health care pricing data from the health care price transparency tool available to the public through an application program interface format if the data meets state and federal data privacy requirements.
(4)
(a) Before making a health care price transparency tool available to the public, the state auditor shall:
(i) seek input from the Health Data Committee created in Section 26B-1-204 on the overall accuracy and effectiveness of the reports provided by the health care price transparency tool; and
(ii) establish procedures to give data providers a 30-day period to review pricing information before the state auditor publishes the information on the health care price transparency tool.
(b) If the state auditor complies with the requirements of Subsection (4)(a), the health care price transparency tool is not subject to the requirements of Section 26B-8-506.
(5) Each year in which a health care price transparency tool is operational, the state auditor shall report to the Health and Human Services Interim Committee before November 1 of that year:
(a) the utilization of the health care price transparency tool; and
(b) policy options for improving access to health care price transparency data.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4 - Treasurer › Section 1 - Duties.

Effective 5/14/2019
67-4-1.
Duties.
(1) The state treasurer shall:
(a) receive and maintain custody of all state funds;
(b) unless otherwise provided by law, invest all funds delivered into the state treasurer's custody according to the procedures and requirements of Title 51, Chapter 7, State Money Management Act;
(c) pay warrants drawn by the Division of Finance as they are presented;
(d) return each redeemed warrant to the Division of Finance for purposes of reconciliation, post-audit, and verification;
(e) ensure that state warrants not presented to the state treasurer for payment within one year from the date of issue, or a shorter period if required by federal regulation or contract, are canceled and credited to the proper fund;
(f) account for all money received and disbursed;
(g) keep separate account of the different funds;
(h) keep safe all bonds, warrants, and securities delivered into his custody;
(i) at the request of either house of the Legislature, or of any legislative committee, give information in writing as to the condition of the treasury, or upon any subject relating to the duties of his office;
(j) keep the books open at all times for the inspection by the governor, the state auditor, or any member of the Legislature, or any committee appointed to examine them by either house of the Legislature;
(k) authenticate and validate documents when necessary;
(l) adopt a seal and file a description and an impression of it with the Division of Archives;
(m) discharge the duties of a member of all official boards of which he is or may be made a member by the Constitution or laws of Utah; and
(n) oversee and support the advocacy of the Land Trusts Protection and Advocacy Office, created in Title 53D, Chapter 2, Land Trusts Protection and Advocacy Office.
(2) The state treasurer may prescribe the manner and method of receipt, deposit, or custody for any funds to be paid to, remitted to, or deposited with the state treasurer by:
(a) letter; or
(b) rule that the office of the state treasurer makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(3) When necessary to perform his duties, the state treasurer may inspect the books, papers, and accounts of any state entity.
(4) The state treasurer may take temporary custody of public funds if ordered by a court to do so under Subsection 67-3-1(12).
Amended by Chapter 434, 2019 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4 - Treasurer › Section 2 - Definitions.

Effective 12/31/2017
67-4-2.
Definitions.
As used in this chapter:
(1) "Federal funds" means cash received from the United States government or from other individuals or entities for or on behalf of the United States and deposited with the state treasurer or any agency of the state.
(2) "General Fund" means money received into the treasury and not specially appropriated to any other fund.
(3) "Maintain custody" means to direct the safekeeping and investment of state funds.
(4)
(a) "State entity" means each department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state.
(b) "State entity" includes independent state agencies and public corporations.
(5)
(a) "State funds" means funds that are owned, held, or administered by a state entity, regardless of the source of the funds.
(b) "State funds" includes funds of independent state agencies or public corporations, regardless of the source of funds.
(c) "State funds" does not include funds held by the Utah State Retirement Board.
(6) "Warrant" means an order in a specific amount drawn upon the treasurer by the Division of Finance or another state agency.
Amended by Chapter 363, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4 - Treasurer › Section 3 - Warrants upon state treasurer -- Legislative policy.

67-4-3.
Warrants upon state treasurer -- Legislative policy.
It is the legislative purpose in the enactment of this measure to make uniform the laws of the state of Utah with respect to the preparation, issuance and drawing of warrants upon the state treasurer.
No Change Since 1953
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4 - Treasurer › Section 10 - Official bond.

67-4-10.
Official bond.
(1) The state treasurer, within 30 days after taking office, shall give to the state a surety-company bond in a sum to be determined by the State Money Management Council.
(2) The state shall pay the premium of the surety-company bond.
Amended by Chapter 14, 1998 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4 - Treasurer › Section 11 - Delict of treasurer -- Duties of auditor and governor -- Suspension.

67-4-11.
Delict of treasurer -- Duties of auditor and governor -- Suspension.
(1) The state auditor shall notify the governor if the state auditor examines the books of the state treasurer, and finds that:
(a) the books do not correspond with the amount of funds on hand;
(b) the books do not show the actual condition of the funds;
(c) money belonging to the state has been embezzled, diverted, or in any manner taken from the treasury without authority of law; or
(d) the state treasurer has been guilty of negligence in keeping the books or in taking care of the public money.
(2) Upon receipt of the notice, the governor shall:
(a) take possession of all books, money, papers, and other property belonging to the state in the possession of the state treasurer; and
(b) temporarily suspend the state treasurer from office.
(3)
(a) The state auditor shall:
(i) examine the books, papers, and all matters connected with the office of the suspended state treasurer; and
(ii) notify the governor of the findings.
(b) If, based upon the examination, the auditor concludes that the state treasurer has embezzled or converted to personal use the public money, or has been negligent in keeping the books, or in taking care of the public money, the governor shall appoint another person to replace the suspended state treasurer.
(c) The new state treasurer shall execute an official bond, and enter upon the office of state treasurer, as provided by law.
(d) The governor shall report all of the acts done under this section to the Legislature.
(4) The new state treasurer shall hold office until the suspended state treasurer is restored or until his successor is elected and qualified.
Amended by Chapter 342, 2011 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4 - Treasurer › Section 15 - Insurance protection for funds, warrants and securities.

67-4-15.
Insurance protection for funds, warrants and securities.
The state treasurer shall procure such insurance protecting the funds, warrants and securities in his custody against loss from such causes and in such amounts as the Commission of Finance may from time to time determine. The cost of such insurance shall be paid out of the fund for the protection of which it is carried.
No Change Since 1953
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4 - Treasurer › Section 16 - State financial advisor -- Duties -- Conflict of interest restrictions.

Effective 7/1/2021
67-4-16.
State financial advisor -- Duties -- Conflict of interest restrictions.
(1) The state treasurer may hire a state financial advisor on a fee-for-service basis.
(2) The state financial advisor shall advise the state treasurer, the executive director of the Governor's Office of Planning and Budget, the director of the Division of Finance, the director of the Division of Facilities Construction and Management, and the Legislature and its staff offices on the issuance of bonds and other debt, and on all other public debt matters generally.
(3) The financial advisor may assist in the preparation of the official statement, represent the state's creditworthiness before credit rating agencies, and assist in the preparation, marketing, or issuance of public debt.
(4)
(a) The state financial advisor or the firm that the advisor represents may not negotiate to underwrite debt issued by the state of Utah for which he has provided financial advisor services.
(b) The state financial advisor may enter a competitive bid, either for his own account or in cooperation with others, in response to a call for public bids for the sale of state debt.
(5)
(a) Fees directly related to the preparation, marketing, or issuance of public debt, including ordinary and necessary expenses, may be paid from the debt proceeds.
(b) Fees for other services shall be paid from the state treasurer's budget.
Amended by Chapter 382, 2021 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4 - Treasurer › Section 17 - Federal/state cash transfers.

67-4-17.
Federal/state cash transfers.
(1)
(a) The state treasurer and the Division of Finance shall enter into an agreement with the United States Secretary of the Treasury that establishes procedures and requirements for implementing the United States Cash Management Improvement Act of 1990.
(b) The agreement shall stipulate that:
(i) the time elapsed between the transfer of funds from the United States Treasury and the redemption of warrants shall be minimized; and
(ii) if the state:
(A) deposits federal funds before the time funds are paid out of the state treasury for the redemption of warrants issued for federal programs, the Division of Finance may pay to the United States Treasury, out of interest earnings on the funds, an interest amount as required by federal regulation; or
(B) disburses its own funds for federal programs, the Division of Finance shall bill the federal government for interest from the time state funds are paid out to redeem warrants until the federal funds are received.
(2) To the degree allowed by federal regulation, all direct costs of calculating the interest may be:
(a) deducted from any interest payments made to the United States Treasury; or
(b) included in any billings to the United States Treasury.
Enacted by Chapter 195, 1991 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 1 - General Provisions › Section 101 - Title.

Effective 5/9/2017
67-4a-101.
Title.
This chapter is known as the "Revised Uniform Unclaimed Property Act."
Repealed and Re-enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 1 - General Provisions › Section 103 - Inapplicability to foreign transaction.

Effective 5/9/2017
67-4a-103.
Inapplicability to foreign transaction.
This chapter does not apply to property held, due, and owing in a foreign country if the transaction out of which the property arose was a foreign transaction.
Repealed and Re-enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 1 - General Provisions › Section 104 - Rulemaking.

Effective 5/9/2017
67-4a-104.
Rulemaking.
(1) The administrator may adopt rules to implement and administer this chapter.
(2) The administrator shall follow the notice, hearing, and publication requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 2 - Presumption of Abandonment › Section 203 - When other tax-deferred account presumed abandoned.

Effective 5/9/2017
67-4a-203.
When other tax-deferred account presumed abandoned.
Subject to Section 67-4a-208 and except for property described in Section 67-4a-202 and property held in a plan described in Section 529A, Internal Revenue Code, property held in an account or plan, including a health savings account, that qualifies for tax deferral under the income tax laws of the United States is presumed abandoned if the property is unclaimed by the apparent owner three years after the earlier of:
(1) the date, if determinable by the holder, specified in the income tax laws and regulations of the United States by which distribution of the property must begin to avoid a tax penalty, with no distribution having been made; or
(2) 30 years after the date the account was opened.
Repealed and Re-enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 2 - Presumption of Abandonment › Section 204 - When custodial account for minor presumed abandoned.

Effective 5/8/2018
67-4a-204.
When custodial account for minor presumed abandoned.
(1) Subject to Section 67-4a-208, and except as provided in Subsection (5), property held in an account established under a state's Uniform Gifts to Minors Act or Uniform Transfers to Minors Act is presumed abandoned if the property is unclaimed by or on behalf of the minor on whose behalf the account was opened three years after the later of:
(a) except as in Subsection (1)(b), the date a communication sent by the holder by first-class United States mail to the custodian of the minor on whose behalf the account was opened is returned undelivered to the holder by the United States Postal Service;
(b) if communication is re-sent within 30 days after the date the first communication under Subsection (1)(a) is returned undelivered, the date the second communication was returned undelivered; or
(c) the date on which the custodian is required to transfer the property to the minor or the minor's estate in accordance with the Uniform Gifts to Minors Act or Uniform Transfers to Minors Act of the state in which the account was opened.
(2)
(a) Subject to Subsection (2)(b), if the holder does not send communications to the custodian of the minor on whose behalf an account described in Subsection (1) was opened by first-class United States mail on at least an annual basis, the holder shall attempt to confirm the custodian's interest in the property by sending the custodian an electronic mail communication not later than two years after the custodian's last indication of interest in the property.
(b) The holder shall promptly attempt to contact the custodian by first-class United States mail if:
(i) the holder does not have information needed to send the custodian an electronic mail communication or the holder believes that the custodian's electronic mail address in the holder's records is not valid;
(ii) the holder receives notification that the electronic mail communication was not received; or
(iii) the custodian does not respond to the electronic mail communication within 30 days after the communication was sent.
(3) If first-class United States mail sent under Subsection (2) is returned undelivered to the holder by the United States Postal Service, the property is presumed abandoned three years after the later of:
(a) the date a second consecutive communication to contact the custodian by first-class United States mail is returned to the holder undelivered by the United States Postal Service; or
(b) the date established by Subsection (1)(c).
(4) When the property in the account described in Subsection (1) is transferred to the minor on whose behalf an account was opened or to the minor's estate, the property in the account is no longer subject to this section.
(5) This section does not apply to a qualified tuition program described in 26 U.S.C. Sec. 529.
Amended by Chapter 459, 2018 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 2 - Presumption of Abandonment › Section 205 - When contents of safe-deposit box presumed abandoned.

Effective 5/9/2017
67-4a-205.
When contents of safe-deposit box presumed abandoned.
Tangible property held in a safe-deposit box and proceeds from a sale of the property by the holder permitted by law of this state other than this chapter are presumed abandoned if the property remains unclaimed by the apparent owner five years after the earlier of the:
(1) expiration of the lease or rental period for the box; or
(2) earliest date when the lessor of the box is authorized by law of this state other than this chapter to enter the box and remove or dispose of the contents without consent or authorization of the lessee.
Repealed and Re-enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 2 - Presumption of Abandonment › Section 206 - When security presumed abandoned.

Effective 5/9/2017
67-4a-206.
When security presumed abandoned.
(1) Subject to Section 67-4a-208, a security is presumed abandoned three years after:
(a) the date a second consecutive communication sent by the holder by first-class United States mail to the apparent owner is returned to the holder undelivered by the United States Postal Service; or
(b) if the second communication is made later than 30 days after the first communication is returned, the date the first communication is returned undelivered to the holder by the United States Postal Service.
(2)
(a) Except as provided in Subsection (2)(b), if the holder does not send communications to the apparent owner of a security by first-class United States mail, the holder shall attempt to confirm the apparent owner's interest in the security by sending the apparent owner an electronic-mail communication not later than two years after the apparent owner's last indication of interest in the security.
(b) The holder shall promptly attempt to contact the apparent owner by first-class United States mail if:
(i) the holder does not have information needed to send the apparent owner an electronic-mail communication or the holder believes that the apparent owner's electronic-mail address in the holder's records is not valid;
(ii) the holder receives notification that the electronic-mail communication was not received; or
(iii) the apparent owner does not respond to the electronic-mail communication not later than 30 days after the communication was sent.
(3) If first-class United States mail sent under Subsection (2) is returned to the holder undelivered by the United States Postal Service, the security is presumed abandoned three years after the date the mail is returned.
Repealed and Re-enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 2 - Presumption of Abandonment › Section 207 - When related property presumed abandoned.

Effective 5/9/2017
67-4a-207.
When related property presumed abandoned.
At and after the time property is presumed abandoned under this chapter, any other property right or interest accrued or accruing from the property and not previously presumed abandoned is also presumed abandoned.
Repealed and Re-enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 2 - Presumption of Abandonment › Section 208 - Indication of apparent owner interest in property.

Effective 5/14/2019
67-4a-208.
Indication of apparent owner interest in property.
(1) The period after which property is presumed abandoned is measured from the later of:
(a) the date the property is presumed abandoned under this part; or
(b) the latest indication of interest by the apparent owner in the property.
(2) Under this chapter, an indication of an apparent owner's interest in property includes:
(a) a record communicated by the apparent owner to the holder or agent of the holder concerning the property or the account in which the property is held;
(b) an oral communication by the apparent owner to the holder or agent of the holder concerning the property or the account in which the property is held, if the holder or the holder's agent contemporaneously makes and preserves a record of the fact of the apparent owner's communication;
(c) presentment of a check or other instrument of payment of a dividend, interest payment, or other distribution, or evidence of receipt of a distribution made by electronic or similar means, with respect to an account, underlying security, or interest in a business association;
(d) activity directed by an apparent owner in the account in which the property is held, including accessing the account or information concerning the account, or a direction by the apparent owner to increase, decrease, or otherwise change the amount or type of property held in the account;
(e) a deposit into or withdrawal from an account at a banking organization or financial organization, including an automatic deposit or withdrawal previously authorized by the apparent owner other than an automatic reinvestment of dividends or interest;
(f) any other action by the apparent owner which reasonably demonstrates to the holder that the apparent owner knows that the account exists; and
(g) subject to Subsection (5), payment of a premium on an insurance policy.
(3) An action by an agent or other representative of an apparent owner, other than the holder acting as the apparent owner's agent, is presumed to be an action on behalf of the apparent owner.
(4) A communication with an apparent owner by a person other than the holder or the holder's representative is not an indication of interest in the property by the apparent owner unless a record of the communication evidences the apparent owner's knowledge of a right to the property.
(5) If the insured dies or the insured or beneficiary of an insurance policy otherwise becomes entitled to the proceeds before depletion of the cash surrender value of the policy by operation of an automatic premium loan provision or other nonforfeiture provision contained in the policy, the operation does not prevent the policy from maturing or terminating.
Amended by Chapter 78, 2019 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 2 - Presumption of Abandonment › Section 209 - Deposit account for proceeds of insurance policy or annuity contract.

Effective 5/9/2017
67-4a-209.
Deposit account for proceeds of insurance policy or annuity contract.
If proceeds payable under a life or endowment insurance policy or annuity contract are deposited into an account with check- or draft-writing privileges for the beneficiary of the policy or contract and, under a supplementary contract not involving annuity benefits other than death benefits, the proceeds are retained by the insurance company, the financial organization, or the banking organization where the account is held, the policy or contract includes the assets in the account.
Repealed and Re-enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 3 - Rules for Taking Custody of Property Presumed Abandoned › Section 301 - Address of apparent owner to establish priority.

Effective 5/9/2017
67-4a-301.
Address of apparent owner to establish priority.
In this part, the following rules apply:
(1) the last known address of an apparent owner is any description, code, or other indication of the location of the apparent owner that identifies the state, even if the description, code, or indication of location is not sufficient to direct the delivery of first-class United States mail to the apparent owner;
(2) if the United States postal zip code associated with the apparent owner is for a post office located in this state, this state is considered to be the state of the last known address of the apparent owner unless other records associated with the apparent owner specifically identify the physical address of the apparent owner to be in another state;
(3) if the address under Subsection (2) is in another state, the other state is considered to be the state of the last-known address of the apparent owner; and
(4) the address of the apparent owner of a life or endowment insurance policy or annuity contract or the policy's or contract's proceeds is presumed to be the address of the insured or annuitant if a person other than the insured or annuitant is entitled to the amount owed under the policy or contract and the address of the other person is not known by the insurance company and cannot be determined under Section 67-4a-302.
Repealed and Re-enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 3 - Rules for Taking Custody of Property Presumed Abandoned › Section 302 - Address of apparent owner in this state.

Effective 5/9/2017
67-4a-302.
Address of apparent owner in this state.
The administrator may take custody of property that is presumed abandoned, whether located in this state, another state, or a foreign country if:
(1) the last known address of the apparent owner in the records of the holder is in this state; or
(2) the records of the holder do not reflect the identity or last known address of the apparent owner, but the administrator has determined that the last known address of the apparent owner is in this state.
Repealed and Re-enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 3 - Rules for Taking Custody of Property Presumed Abandoned › Section 303 - If records show multiple addresses of apparent owner.

Effective 5/9/2017
67-4a-303.
If records show multiple addresses of apparent owner.
(1) Except as in Subsection (2), if records of a holder reflect multiple addresses for an apparent owner and this state is the state of the most recently recorded address, this state may take custody of property presumed abandoned, whether located in this state or another state.
(2) If it appears from records of the holder that the most recently recorded address of the apparent owner under Subsection (1) is a temporary address and this state is the state of the next most recently recorded address that is not a temporary address, this state may take custody of the property presumed abandoned.
Repealed and Re-enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 3 - Rules for Taking Custody of Property Presumed Abandoned › Section 304 - Holder domiciled in this state.

Effective 5/9/2017
67-4a-304.
Holder domiciled in this state.
(1) Except as in Subsection (2) or Section 67-4a-302 or 67-4a-303, the administrator may take custody of property presumed abandoned, whether located in this state, another state, or a foreign country, if the holder is domiciled in this state or is this state or a governmental subdivision, agency, or instrumentality of this state, and:
(a) another state or foreign country is not entitled to the property because there is no last known address of the apparent owner or other person entitled to the property in the records of the holder; or
(b) the state or foreign country of the last known address of the apparent owner or other person entitled to the property does not provide for custodial taking of the property.
(2) Property is not subject to custody of the administrator under Subsection (1) if the property is specifically exempt from custodial taking under the law of this state or the state or foreign country of the last known address of the apparent owner.
(3) If a holder's state of domicile has changed since the time property was presumed abandoned, the holder's state of domicile in this section is considered to be the state where the holder was domiciled at the time the property was presumed abandoned.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 3 - Rules for Taking Custody of Property Presumed Abandoned › Section 305 - Custody if transaction took place in this state.

Effective 5/9/2017
67-4a-305.
Custody if transaction took place in this state.
Except as in Section 67-4a-302, 67-4a-303, or 67-4a-304, the administrator may take custody of property presumed abandoned whether located in this state or another state if:
(1) the transaction out of which the property arose took place in this state;
(2) the holder is domiciled in a state that does not provide for the custodial taking of the property, except that if the property is specifically exempt from custodial taking under the law of the state of the holder's domicile, the property is not subject to the custody of the administrator; and
(3) the last known address of the apparent owner or other person entitled to the property is unknown or in a state that does not provide for the custodial taking of the property, except that if the property is specifically exempt from custodial taking under the law of the state of the last known address, the property is not subject to the custody of the administrator.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 3 - Rules for Taking Custody of Property Presumed Abandoned › Section 306 - Traveler's check, money order, or similar instrument.

Effective 5/9/2017
67-4a-306.
Traveler's check, money order, or similar instrument.
The administrator may take custody of sums payable on a traveler's check, money order, or similar instrument presumed abandoned to the extent permissible under 12 U.S.C. Secs. 2501 through 2503.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 3 - Rules for Taking Custody of Property Presumed Abandoned › Section 307 - Burden of proof to establish administrator's right to custody.

Effective 5/9/2017
67-4a-307.
Burden of proof to establish administrator's right to custody.
Subject to Part 4, Report by Holder, if the administrator asserts a right to custody of unclaimed property and there is a dispute concerning such property, the administrator has the initial burden to prove:
(1) the existence and amount of the property;
(2) the property is presumed abandoned; and
(3) the property is subject to the custody of the administrator.
Enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 4 - Report by Holder › Section 401 - Report required by holder.

Effective 5/9/2017
67-4a-401.
Report required by holder.
(1)
(a) A holder of property presumed abandoned and subject to the custody of the administrator shall report in a record to the administrator concerning the property.
(b) A holder shall report via the Internet in a format approved by the administrator, unless the administrator gives a holder specific permission to file a paper report.
(2) A holder may contract with a third party to make the report required under Subsection (1).
(3) Whether or not a holder contracts with a third party under Subsection (2), the holder is responsible:
(a) to the administrator for the complete, accurate, and timely reporting of property presumed abandoned; and
(b) for paying or delivering to the administrator property described in the report.
Repealed and Re-enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 4 - Report by Holder › Section 402 - Content of report.

Effective 5/9/2017
67-4a-402.
Content of report.
(1) The report required under Section 67-4a-401 shall:
(a) be signed by or on behalf of the holder and verified as to the report's completeness and accuracy;
(b) if filed electronically, be in a secure format approved by the administrator that protects confidential information of the apparent owner;
(c) describe the property;
(d) except for a traveler's check, money order, or similar instrument, contain the name, if known, last known address, if known, and social security number or taxpayer identification number, if known or readily ascertainable, of the apparent owner of property with a value of $50 or more;
(e) for an amount held or owing under a life or endowment insurance policy or annuity contract, contain the name and last known address of the insured, annuitant, or other apparent owner of the policy or contract and of the beneficiary;
(f) for property held in or removed from a safe-deposit box, indicate the location of the property, where the property may be inspected by the administrator, and any amounts owed to the holder under Section 67-4a-606;
(g) contain the commencement date for determining abandonment under Part 2, Presumption of Abandonment;
(h) state that the holder has complied with the notice requirements of Section 67-4a-501;
(i) identify property that is a nonfreely transferable security and explain why the property is a nonfreely transferable security; and
(j) contain other information the administrator prescribes by rules.
(2)
(a) A report under Section 67-4a-401 may include in the aggregate items valued under $50 each.
(b) If the report includes items in the aggregate valued under $50 each, the administrator may not require the holder to provide the name and address of an apparent owner of an item unless the information is necessary to verify or process a claim in progress by the apparent owner.
(3) A report under Section 67-4a-401 may include personal information as defined in Subsection 67-4a-1401(1) about the apparent owner or the apparent owner's property.
(4) If a holder has changed the holder's name while holding property presumed abandoned or is a successor to another person that previously held the property for the apparent owner, the holder shall include in the report under Section 67-4a-401:
(a) the holder's former name or the name of the previous holder, if any; and
(b) the known name and address of each previous holder of the property.
Repealed and Re-enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 4 - Report by Holder › Section 403 - When report to be filed.

Effective 5/9/2017
67-4a-403.
When report to be filed.
(1) Subject to Subsection (2), the report under Section 67-4a-401 shall be filed before November 1 of each year and cover the 12 months preceding July 1 of that year.
(2)
(a) Before the date for filing the report under Section 67-4a-401, the holder of property presumed abandoned may request the administrator to extend the time for filing.
(b) The administrator may grant an extension.
(c) If the extension is granted, the holder may pay or make a partial payment of the amount the holder estimates ultimately will be due.
(d) The payment or partial payment terminates accrual of interest on the amount paid.
Repealed and Re-enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 4 - Report by Holder › Section 404 - Retention of records by holder.

Effective 5/9/2017
67-4a-404.
Retention of records by holder.
(1) A holder required to file a report under Section 67-4a-401 shall retain records for five years after the later of the date the report was filed or the last date a timely report was due to be filed, unless a shorter period is provided by rule of the administrator.
(2) The holder may satisfy the requirement to retain records under this section through an agent.
(3) The records shall contain:
(a) the information required to be included in the report;
(b) the date, place, and nature of the circumstances that gave rise to the property right;
(c) the amount or value of the property;
(d) the last address of the apparent owner, if known to the holder; and
(e) if the holder sells, issues, or provides to others for sale or issue in this state traveler's checks, money orders, or similar instruments, other than third-party bank checks, on which the holder is directly liable, a record of the instruments while they remain outstanding indicating the state and date of issue.
Repealed and Re-enacted by Chapter 371, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 4a - Revised Uniform Unclaimed Property Act › Part 4 - Report by Holder › Section 405 - Property reportable and payable or deliverable absent owner demand.

Effective 5/9/2017
67-4a-405.
Property reportable and payable or deliverable absent owner demand.
Property is reportable and payable or deliverable under this chapter even if the owner fails to make demand or present an instrument or document otherwise required to obtain payment.
Repealed and Re-enacted by Chapter 371, 2017 General Session