reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 1A - Revised Uniform Unclaimed Property Act › Subchapter X - Verified Report of Property; Examination of Records › § 41–160.05. Evidence of unpaid debt or undischarged obligation

§ 41–160.05. 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 for a debt or obligation described in subsection (a) of this section 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) of this section by establishing by a preponderance of the evidence that a check, draft, or similar instrument was:
(1) Issued as an unaccepted offer in settlement of an unliquidated amount;
(2) Issued but later was replaced with another instrument because the earlier instrument was lost or contained an error that was corrected;
(3) Issued to a party affiliated with the issuer;
(4) Paid, satisfied, or discharged;
(5) Issued in error;
(6) Issued without consideration;
(7) Issued but there was a failure of consideration;
(8) Voided not later than 90 days after issuance for a valid business reason set forth in a contemporaneous record; or
(9) Issued but not delivered to the third-party payee for a sufficient reason recorded within a reasonable time after issuance.
(d) In asserting a defense under this section, a putative holder may present evidence of a course of dealing between the putative holder and the apparent owner or of custom and practice.
(Nov. 13, 2021, D.C. Law 24-45, § 7062, 68 DCR 010163.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 1A - Revised Uniform Unclaimed Property Act › Subchapter X - Verified Report of Property; Examination of Records › § 41–160.06. Failure of person examined to retain records

§ 41–160.06. Failure of person examined to retain records.
If a person subject to examination under § 41-160.02 does not retain the records required by § 41-154.04, the Administrator may determine the value of property due using a reasonable method of estimation based on all information available to the Administrator, including extrapolation and use of statistical sampling when appropriate and necessary, consistent with examination procedures and standards adopted under § 41-160.03(a) and in accord with § 41-160.03(b).
(Nov. 13, 2021, D.C. Law 24-45, § 7063, 68 DCR 010163.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 1A - Revised Uniform Unclaimed Property Act › Subchapter X - Verified Report of Property; Examination of Records › § 41–160.07. Report to person whose records were examined

§ 41–160.07. Report to person whose records were examined.
At the conclusion of an examination under § 41-160.02, the Administrator shall provide to the person whose records were examined a complete and unredacted examination report that specifies:
(1) The work performed;
(2) The property types reviewed;
(3) The methodology of any estimation technique, extrapolation, or statistical sampling used in conducting the examination;
(4) Each calculation showing the value of property determined to be due; and
(5) The findings of the person conducting the examination.
(Nov. 13, 2021, D.C. Law 24-45, § 7064, 68 DCR 010163.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 1A - Revised Uniform Unclaimed Property Act › Subchapter X - Verified Report of Property; Examination of Records › § 41–160.08. Complaint to Administrator about conduct of person conducting examination

§ 41–160.08. Complaint to Administrator about conduct of person conducting examination.
(a) If a person subject to examination under § 41-160.02 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 Administrator to intervene and take appropriate remedial action, including countermanding the request of the person conducting the examination, imposing a time limit for completion of the examination, or reassigning the examination to another person.
(b) If a person in a record requests a conference with the Administrator to present matters that are the basis of a request under subsection (a) of this section, the Administrator shall hold the conference not later than 30 days after receiving the request. The Administrator may hold the conference in person, by telephone, or by electronic means.
(c) If a conference is held under subsection (b) of this section, not later than 30 days after the conference ends, the Administrator shall provide a report in a record of the conference to the person that requested the conference.
(Nov. 13, 2021, D.C. Law 24-45, § 7065, 68 DCR 010163.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 1A - Revised Uniform Unclaimed Property Act › Subchapter X - Verified Report of Property; Examination of Records › § 41–160.09. Administrator's contract with another to conduct examination

§ 41–160.09. Administrator's contract with another to conduct examination.
(a) In this section, "related to the Administrator" means an individual who is:
(1) The Administrator's spouse, partner in a civil union, domestic partner, or reciprocal beneficiary;
(2) The Administrator's child, stepchild, grandchild, parent, stepparent, sibling, step-sibling, half-sibling, aunt, uncle, niece, or nephew;
(3) A spouse, partner in a civil union, domestic partner, or reciprocal beneficiary of an individual under paragraph (2) of this subsection; or
(4) Any individual residing in the Administrator's household.
(b) The Administrator may contract with a person to conduct an examination under this subchapter.
(c) If the person with which the Administrator contracts under subsection (b) of this section is:
(1) An individual, the individual may not be related to the Administrator; or
(2) A business entity, the entity may not be owned in whole or in part by the Administrator or an individual related to the Administrator.
(d) At least 60 days before assigning a person under contract with the Administrator under subsection (b) of this section to conduct an examination, the Administrator shall demand in a record that the person to be examined submit a report and deliver property that is previously unreported.
(e) If the Administrator contracts with a person under subsection (b) of this section:
(1) The contract may provide for compensation of the person based on a fixed fee, hourly fee, or contingent fee;
(2) A contingent fee arrangement may not provide for a payment that exceeds 10 percent of the amount or value of property paid or delivered as a result of the examination, except for contracts in force on November 13, 2021; and
(3) On request by a person subject to examination by a contractor, the Administrator shall deliver to the person a complete and unredacted copy of the contract and any contract between the contractor and a person employed or engaged by the contractor to conduct the examination.
(f) A contract under subsection (b) of this section is subject to public disclosure without redaction under subchapter II of Chapter 5 of Title 2.
(Nov. 13, 2021, D.C. Law 24-45, § 7066, 68 DCR 010163.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 1A - Revised Uniform Unclaimed Property Act › Subchapter X - Verified Report of Property; Examination of Records › § 41–160.10. Limit on future employment

§ 41–160.10. Limit on future employment.
The Administrator or an individual employed by the Administrator who participates in, recommends, or approves the award of a contract under § 41-160.09(b) is subject to the Code of Conduct, or other ethical rules, applicable to employees in the Office of the Chief Financial Officer concerning post-employment conflicts of interest.
(Nov. 13, 2021, D.C. Law 24-45, § 7067, 68 DCR 010163.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 1A - Revised Uniform Unclaimed Property Act › Subchapter X - Verified Report of Property; Examination of Records › § 41–160.11. Report by Administrator at request of Mayor

§ 41–160.11. Report by Administrator at request of Mayor.
(a) Pursuant to a request of the Mayor, the Administrator shall compile and submit a report containing information about property presumed abandoned for the preceding fiscal year for the District. The information requested may include:
(1) The total amount and value of all property paid or delivered under this chapter to the Administrator;
(2) The name of and amount paid to each contractor under § 41-160.09 and the percentage the total compensation paid to all contractors under § 41-160.09 bears to the total amount paid or delivered to the Administrator as a result of all examinations performed under § 41-160.09;
(3) The total amount and value of all property paid or delivered by the Administrator to persons that made claims for property held by the Administrator under this chapter and the percentage the total payments made and value of property delivered to claimants bears to the total amounts paid and value delivered to the Administrator; and
(4) The total amount of claims made by persons claiming to be owners.
(b) The report under subsection (a) of this section is a public record subject to public disclosure without redaction under subchapter II of Chapter 5 of Title 2.
(Nov. 13, 2021, D.C. Law 24-45, § 7068, 68 DCR 010163.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 1A - Revised Uniform Unclaimed Property Act › Subchapter XI - Determination of Liability; Putative Holder Remedies › § 41–161.01. Determination of liability for unreported reportable property

§ 41–161.01. Determination of liability for unreported reportable property.
If the Administrator determines from an examination conducted under § 41-160.02 that a putative holder failed or refused to pay or deliver to the Administrator property that is reportable under this chapter, the Administrator shall issue a determination of the putative holder's liability to pay or deliver and give notice in a record to the putative holder of the determination.
(Nov. 13, 2021, D.C. Law 24-45, § 7069, 68 DCR 010163.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 1A - Revised Uniform Unclaimed Property Act › Subchapter XI - Determination of Liability; Putative Holder Remedies › § 41–161.03. Review of Administrator's determination

§ 41–161.03. Review of Administrator's determination.
(a) Not later than 90 days after receiving notice of the Administrator's determination under § 41-161.01, a putative holder may request a hearing on the Administrator's determination by the Office of Administrative Hearings, which shall make findings of fact and conclusions of law and render a final order in accordance with Chapter 5 of Title 2.
(b) A final decision in a proceeding under subsection (a) of this section is subject to judicial review by the District of Columbia Court of Appeals.
(Nov. 13, 2021, D.C. Law 24-45, § 7071, 68 DCR 010163.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 1A - Revised Uniform Unclaimed Property Act › Subchapter XII - Enforcement › § 41–162.01. Judicial action to enforce liability

§ 41–162.01. Judicial action to enforce liability.
(a) If a determination under § 41-161.01 becomes final and is not subject to administrative or judicial review, the Administrator may request that the Attorney General bring an action in the Superior Court or in an appropriate court of another state to enforce the determination and secure payment or delivery of past due, unpaid, or undelivered property. The action must be brought not later than one year after the determination becomes final.
(b) In an action under subsection (a) of this section, if no court in the District has jurisdiction over the defendant, the Attorney General may commence an action in any court having jurisdiction over the defendant.
(Nov. 13, 2021, D.C. Law 24-45, § 7072, 68 DCR 010163.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 1A - Revised Uniform Unclaimed Property Act › Subchapter XII - Enforcement › § 41–162.02. Interstate and international agreement; cooperation

§ 41–162.02. Interstate and international agreement; cooperation.
(a) Subject to subsection (b) of this section, the Administrator may:
(1) Exchange information with another state or foreign country relating to property presumed abandoned or relating to the possible existence of property presumed abandoned; and
(2) Authorize in a record another state or foreign country or a person acting on behalf of the other state or country to examine its records of a putative holder as provided in subchapter X of this chapter.
(b) An exchange or examination under subsection (a) of this section may be done only if the state or foreign country has confidentiality and security requirements substantially equivalent to those in subchapter XIV of this chapter or agrees in a record to be bound by the District's confidentiality and security requirements.
(Nov. 13, 2021, D.C. Law 24-45, § 7073, 68 DCR 010163.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 1A - Revised Uniform Unclaimed Property Act › Subchapter XII - Enforcement › § 41–162.03. Action involving another state or foreign country

§ 41–162.03. Action involving another state or foreign country.
(a) The Administrator may request that the Attorney General join another state or foreign country to examine and seek enforcement of this chapter against a putative holder.
(b) On request of another state or foreign country, the Attorney General may commence an action on behalf of the other state or country to enforce, in the District, the law of the other state or country against a putative holder subject to a claim by the other state or country, if the other state or country agrees to pay costs incurred by the Attorney General in the action.
(c) The Administrator may request the official authorized to enforce the unclaimed property law of another state or foreign country to commence an action to recover property in the other state or country on behalf of the Administrator.
(d) The Administrator may request that the Attorney General pursue an action on behalf of the District to recover property subject to this chapter but delivered to the custody of another state if the Administrator believes the property is subject to the custody of the Administrator.
(e) The Administrator, with the approval of the Attorney General, may retain an attorney in the District, another state, or a foreign country to commence an action to recover property on behalf of the Administrator and may agree to pay attorney's fees based in whole or in part on a fixed fee, hourly fee, or a percentage of the amount or value of property recovered in the action.
(f) Expenses incurred by the District in an action under this section may be paid from property received under this chapter or the net proceeds of the property subject to appropriations. Expenses paid to recover property may not be deducted from the amount that is subject to a claim under this chapter by the owner.
(Nov. 13, 2021, D.C. Law 24-45, § 7074, 68 DCR 010163.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 1A - Revised Uniform Unclaimed Property Act › Subchapter XII - Enforcement › § 41–162.04. Interest and penalty for failure to act in timely manner

§ 41–162.04. Interest and penalty for failure to act in timely manner.
(a) A holder that fails to report, pay, or deliver property within the time prescribed by this chapter shall pay to the Administrator interest at 10% per year on the property or value of the property from the date the property should have been reported, paid, or delivered to the Administrator until the date reported, paid, or delivered.
(b) Except as otherwise provided in § 41-162.05 or § 41-162.06, the Administrator may require a holder that fails to report, pay, or deliver property within the time prescribed by this chapter to pay to the Administrator, in addition to interest included under subsection (a) of this section, a civil penalty of $200 for each day the duty is not performed, up to a cumulative maximum amount of $5,000.
(Nov. 13, 2021, D.C. Law 24-45, § 7075, 68 DCR 010163.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 1A - Revised Uniform Unclaimed Property Act › Subchapter XII - Enforcement › § 41–162.05. Other civil penalties

§ 41–162.05. Other civil penalties.
(a) If a holder enters into a contract or other arrangement for the purpose of evading an obligation under this chapter or otherwise willfully fails to perform a duty imposed on the holder under this chapter, the Administrator may require the holder to pay the Administrator, in addition to interest as provided in § 41-162.04(a), a civil penalty of $1,000 for each day the obligation is evaded or the duty is not performed, up to a cumulative maximum amount of $25,000, plus 25 percent of the amount or value of property that should have been but was not reported, paid, or delivered as a result of the evasion or failure to perform.
(b) If a holder makes a fraudulent report under this chapter, the Administrator may require the holder to pay to the Administrator, in addition to interest under § 41-162.04(a), a civil penalty of $1,000 for each day from the date the report was made until corrected, up to a cumulative maximum of $25,000, plus 25 percent of the amount or value of any property that should have been reported but was not included in the report or was underreported.
(Nov. 13, 2021, D.C. Law 24-45, § 7076, 68 DCR 010163.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 1A - Revised Uniform Unclaimed Property Act › Subchapter XII - Enforcement › § 41–162.06. Waiver of interest and penalty

§ 41–162.06. Waiver of interest and penalty.
The Administrator:
(1) May waive, in whole or in part, interest under § 41-162.04(a) and penalties under § 41-162.04(b) or § 41-162.05; and
(2) Shall waive a penalty under § 41-162.04(b) if the Administrator determines that the holder acted in good faith and without negligence.
(Nov. 13, 2021, D.C. Law 24-45, § 7077, 68 DCR 010163.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 1A - Revised Uniform Unclaimed Property Act › Subchapter XII - Enforcement › § 41–162.07. Right to administrative hearing; entry of civil judgment by Superior Court

§ 41–162.07. Right to administrative hearing; entry of civil judgment by Superior Court.
(a) A holder is entitled to a hearing on the Administrator's imposition of a civil penalty or interest under § 41-162.04 or a civil penalty under § 41-162.05 by the Office of Administrative Hearings, which shall make findings of fact and conclusions of law and render a final order in accordance with Chapter 5 of Title 2.
(b) The Administrator may cause a final order requiring a holder to pay a civil penalty, interest, or costs entered by the Office of Administrative Hearings under subsection (c) of this section as a judgment against the holder by requesting that the Attorney General file an action to enter the civil penalty, interest, or costs to as a civil judgment.
(Nov. 13, 2021, D.C. Law 24-45, § 7078, 68 DCR 010163.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 1A - Revised Uniform Unclaimed Property Act › Subchapter XIII - Agreement to Locate Property of Apparent Owner Held by Administrator › § 41–163.01. When agreement to locate property enforceable

§ 41–163.01. When agreement to locate property enforceable.
An agreement by an apparent owner and another person, the primary purpose of which is to locate, deliver, recover, or assist in the location, delivery, or recovery of property held by the Administrator, is enforceable only if the agreement:
(1) Is in a record that clearly states the nature of the property and the services to be provided;
(2) Is signed by or on behalf of the apparent owner; and
(3) States the amount or value of the property reasonably expected to be recovered, computed before and after a fee or other compensation to be paid to the person has been deducted.
(Nov. 13, 2021, D.C. Law 24-45, § 7079, 68 DCR 010163.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 1A - Revised Uniform Unclaimed Property Act › Subchapter XIII - Agreement to Locate Property of Apparent Owner Held by Administrator › § 41–163.02. When agreement to locate property void

§ 41–163.02. When agreement to locate property void.
(a) Subject to subsection (b) of this section, an agreement under § 41-163.01 is void if it is entered into during the period beginning on the date the property was paid or delivered by a holder to the Administrator and ending 24 months after the payment or delivery.
(b) If a provision in an agreement described in subsection (a) of this section applies to mineral proceeds for which compensation is to be paid to the other person based in whole or in part on a part of the underlying minerals or mineral proceeds not then presumed abandoned, the provision is void regardless of when the agreement was entered into.
(c) An agreement under subsection (a) of this section that provides for compensation in an amount that is unconscionable is unenforceable except by the apparent owner. An apparent owner that believes the compensation the apparent owner has agreed to pay is unconscionable may file an action in the Superior Court to reduce the compensation to the maximum amount that is not unconscionable.
(d) An apparent owner may assert that an agreement described in this section is void on a ground other than it provides for payment of unconscionable compensation.
(e) This section does not apply to an apparent owner's agreement with an attorney to pursue a claim for recovery of specifically identified property held by the Administrator or to contest the Administrator's denial of a claim for recovery of the property.
(Nov. 13, 2021, D.C. Law 24-45, § 7080, 68 DCR 010163.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 1A - Revised Uniform Unclaimed Property Act › Subchapter XIII - Agreement to Locate Property of Apparent Owner Held by Administrator › § 41–163.03. Right of agent of apparent owner to recover property held by Administrator

§ 41–163.03. Right of agent of apparent owner to recover property held by Administrator.
(a) An apparent owner that contracts with another person to locate, deliver, recover, or assist in the location, delivery, or recovery of property of the apparent owner which is held by the Administrator may designate the person as the agent of the apparent owner. The designation must be in a record signed by the apparent owner.
(b) The Administrator shall give the agent of the apparent owner all information concerning the property that the apparent owner is entitled to receive, including information that otherwise is confidential information under § 41-164.02.
(c) If authorized by the apparent owner, the agent of the apparent owner may bring an action against the Administrator on behalf of and in the name of the apparent owner.
(Nov. 13, 2021, D.C. Law 24-45, § 7081, 68 DCR 010163.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 1A - Revised Uniform Unclaimed Property Act › Subchapter XIV - Confidentiality and Security of Information › § 41–164.01. Definitions; applicability

§ 41–164.01. Definitions; applicability.
(a) In this subchapter, "personal information" means:
(1) Information that identifies or reasonably can be used to identify an individual, such as first and last name in combination with the individual's:
(A) Social security number or other government-issued number or identifier;
(B) Date of birth;
(C) Home or physical address;
(D) Electronic-mail address or other online contact information or Internet provider address;
(E) Financial account number or credit or debit card number;
(F) Biometric data, health or medical data, or insurance information; or
(G) Passwords or other credentials that permit access to an online or other account;
(2) Personally identifiable financial or insurance information, including nonpublic personal information defined by applicable federal law; and
(3) Any combination of data that, if accessed, disclosed, modified, or destroyed without authorization of the owner of the data or if lost or misused, would require notice or reporting under §§ 28-3851 to 28-3864 and federal privacy and data security law, whether or not the Administrator or the Administrator's agent is subject to the law.
(b) A provision of this subchapter that applies to the Administrator or the Administrator's records applies to an Administrator's agent.
(Nov. 13, 2021, D.C. Law 24-45, § 7082, 68 DCR 010163.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 1A - Revised Uniform Unclaimed Property Act › Subchapter XIV - Confidentiality and Security of Information › § 41–164.02. Confidential information

§ 41–164.02. Confidential information.
(a) Except as otherwise provided in this chapter, the following are confidential and exempt from public inspection or disclosure:
(1) Records of the Administrator and the Administrator's agent related to the administration of this chapter;
(2) Reports and records of a holder in the possession of the Administrator or the Administrator's agent; and
(3) Personal information and other information derived or otherwise obtained by or communicated to the Administrator or the Administrator's agent from an examination under this chapter of the records of a person.
(b) A record or other information that is confidential under law of the District other than this chapter, another state, or the United States continues to be confidential when disclosed or delivered under this chapter to the Administrator or Administrator's agent.
(Nov. 13, 2021, D.C. Law 24-45, § 7083, 68 DCR 010163.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 1A - Revised Uniform Unclaimed Property Act › Subchapter XIV - Confidentiality and Security of Information › § 41–164.03. When confidential information may be disclosed

§ 41–164.03. When confidential information may be disclosed.
(a) When reasonably necessary to enforce or implement this chapter, the Administrator may disclose confidential information concerning property held by the Administrator or the Administrator's agent only to:
(1) An apparent owner or the apparent owner's personal representative, attorney, other legal representative, relative, or agent designated under § 41-163.03 to have the information;
(2) The personal representative other legal representative, relative of a deceased apparent owner, agent designated under § 41-163.03 by the deceased apparent owner, or a person entitled to inherit from the deceased apparent owner;
(3) Another department or agency of the District or the United States;
(4) The person that administers the unclaimed property law of another state, if the other state accords substantially reciprocal privileges to the Administrator of the District if the other state is required to maintain the confidentiality and security of information obtained in a manner substantially equivalent to this subchapter; or
(5) A person subject to an examination as required by § 41-160.04(6).
(b) Except as otherwise provided in § 41-164.02(a), the Administrator shall include on the website or in the database required by § 41-155.03(c)(2) the name of each apparent owner of property held by the Administrator. The Administrator may include in published notices, printed publications, telecommunications, the Internet, or other media and on the website or in the database additional information concerning the apparent owner's property if the Administrator believes the information will assist in identifying and returning property to the owner and does not disclose personal information except the home or physical address of an apparent owner.
(c) The Administrator and the Administrator's agent may not use confidential information provided to them or in their possession except as expressly authorized by this chapter or required by law other than this chapter.
(Nov. 13, 2021, D.C. Law 24-45, § 7084, 68 DCR 010163.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 1A - Revised Uniform Unclaimed Property Act › Subchapter XIV - Confidentiality and Security of Information › § 41–164.04. Confidentiality agreement

§ 41–164.04. Confidentiality agreement.
A person to be examined under § 41-160.02 may require, as a condition of disclosure of the records of the person to be examined, that each person having 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 Administrator; and
(2) Requires the person having access to the records to comply with the provisions of this subchapter applicable to the person.
(Nov. 13, 2021, D.C. Law 24-45, § 7085, 68 DCR 010163.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 1A - Revised Uniform Unclaimed Property Act › Subchapter XIV - Confidentiality and Security of Information › § 41–164.05. No confidential information in notice

§ 41–164.05. No confidential information in notice.
Except as otherwise provided in §§ 41-155.01 and 41-155.02, a holder is not required under this chapter to include confidential information in a notice the holder is required to provide to an apparent owner under this chapter.
(Nov. 13, 2021, D.C. Law 24-45, § 7086, 68 DCR 010163.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 1A - Revised Uniform Unclaimed Property Act › Subchapter XIV - Confidentiality and Security of Information › § 41–164.06. Security of information

§ 41–164.06. Security of information.
(a) If a holder is required to include confidential information in a report to the Administrator, the information must be provided by a secure means.
(b) If confidential information in a record is provided to and maintained by the Administrator or Administrator's agent as required by this chapter, the Administrator or agent shall:
(1) Implement administrative, technical, and physical safeguards to protect the security, confidentiality, and integrity of the information required by §§ § 28-3851 to 28-3864 and federal privacy and data security law whether or not the Administrator or the Administrator's agent is subject to the law;
(2) Protect against reasonably anticipated threats or hazards to the security, confidentiality, or integrity of the information; and
(3) Protect against unauthorized access to or use of the information that could result in substantial harm or inconvenience to a holder or the holder's customers, including insureds, annuitants, and policy or contract owners and their beneficiaries.
(c) The Administrator:
(1) After notice and comment, shall adopt and implement a security plan that identifies and assesses reasonably foreseeable internal and external risks to confidential information in the Administrator's possession and seeks to mitigate the risks; and
(2) Shall ensure that an Administrator's agent adopts and implements a similar plan with respect to confidential information in the agent's possession.
(d) The Administrator and the Administrator's agent shall educate and train their employees regarding the plan adopted under subsection (c) of this section.
(e) The Administrator and the Administrator's agent shall in a secure manner return or destroy all confidential information no longer reasonably needed under this chapter.
(Nov. 13, 2021, D.C. Law 24-45, § 7087, 68 DCR 010163.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 1A - Revised Uniform Unclaimed Property Act › Subchapter XIV - Confidentiality and Security of Information › § 41–164.07. Security breach

§ 41–164.07. Security breach.
(a) Except to the extent prohibited by law other than this chapter, the Administrator or Administrator's agent shall notify a holder as soon as practicable of:
(1) A suspected loss, misuse or unauthorized access, disclosure, modification, or destruction of confidential information obtained from the holder in the possession of the Administrator or an Administrator's agent; and
(2) Any interference with operations in any system hosting or housing confidential information that:
(A) Compromises the security, confidentiality, or integrity of the information; or
(B) Creates a substantial risk of identity fraud or theft.
(b) Except as necessary to inform an insurer, attorney, investigator, or others as required by law, the Administrator and an Administrator's agent may not disclose, without the express consent in a record of the holder, an event described in subsection (a) of this section to a person whose confidential information was supplied by the holder.
(c) If an event described in subsection (a) of this section occurs, the Administrator and the Administrator's agent shall:
(1) Take action necessary for the holder to understand and minimize the effect of the event and determine its scope; and
(2) Cooperate with the holder with respect to:
(A) Any notification required by law concerning a data or other security breach; and
(B) A regulatory inquiry, litigation, or similar action.
(Nov. 13, 2021, D.C. Law 24-45, § 7088, 68 DCR 010163.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 1A - Revised Uniform Unclaimed Property Act › Subchapter XIV - Confidentiality and Security of Information › § 41–164.08. Indemnification for breach by agent

§ 41–164.08. Indemnification for breach by agent.
(a) If a claim is made or action commenced arising out of an event described in § 41-164.07(a) relating to confidential information possessed by an Administrator's agent, the Administrator's agent shall indemnify, defend, and hold harmless a holder and the holder's affiliates, officers, directors, employees, and agents as to:
(1) Any claim or action and
(2) A liability, obligation, loss, damage, cost, fee, penalty, fine, settlement, charge, or other expense, including reasonable attorney's fees and costs, established by the claim or action.
(b) The Administrator shall require an Administrator's agent that will receive confidential information required under this chapter to maintain adequate insurance for indemnification obligations of the Administrator's agent under subsection (a) of this section. The agent required to maintain the insurance shall provide evidence of the insurance to:
(1) The Administrator not less frequently than annually; and
(2) The holder on commencement of an examination and annually thereafter until all confidential information is returned or destroyed under § 41-164.06(e).
(Nov. 13, 2021, D.C. Law 24-45, § 7089, 68 DCR 010163.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 1A - Revised Uniform Unclaimed Property Act › Subchapter XV - Miscellaneous Provisions › § 41–165.01. Uniformity of application and construction

§ 41–165.01. Uniformity of application and construction.
In applying and construing this uniform act consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Nov. 13, 2021, D.C. Law 24-45, § 7090, 68 DCR 010163.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 1A - Revised Uniform Unclaimed Property Act › Subchapter XV - Miscellaneous Provisions › § 41–165.02. Relation to electronic signatures in global and national commerce act

§ 41–165.02. Relation to electronic signatures in global and national commerce act.
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 464; 15 U.S.C. § 7001
et seq.
), but does not modify, limit, or supersede section 101(c) of that act (15 U.S.C. § 7001(c)), or authorize electronic delivery of any of the notices described in section 103(b) of that act (15 U.S.C. § 7003(b)).
(Nov. 13, 2021, D.C. Law 24-45, § 7091, 68 DCR 010163.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 1A - Revised Uniform Unclaimed Property Act › Subchapter XV - Miscellaneous Provisions › § 41–165.03. Transitional provision

§ 41–165.03. Transitional provision.
(a) An initial report filed under this chapter for property that was not required to be reported before November 13,2021, but that is required to be reported under this chapter, must include all items of property that would have been presumed abandoned during the 10-year period preceding November 13,2021 as if this chapter had been in effect during that period.
(b) This chapter does not relieve a holder of a duty that arose before November 13, 2021 to report, pay, or deliver property. Subject to § 41-156.10(b) and (c), a holder that did not comply with the law governing unclaimed property before November 13, 2021 is subject to applicable provisions for enforcement and penalties in effect before November 13, 2021.
(Nov. 13, 2021, D.C. Law 24-45, § 7092, 68 DCR 010163.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 1A - Revised Uniform Unclaimed Property Act › Subchapter XV - Miscellaneous Provisions › § 41–165.04. Transfer of funds

§ 41–165.04. Transfer of funds.
All funds in the trust fund established under § 41-123 shall be transferred to the Unclaimed Property Account, established under § 41-158.01(a).
(Nov. 13, 2021, D.C. Law 24-45, § 7093, 68 DCR 010163.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 2 - Recordation of Instruments › § 41–201. Filing and indexing of financial statements; legal effect

§ 41–201. Filing and indexing of financial statements; legal effect.
It is not necessary for the Recorder of Deeds to spread upon the records of his office the financing statements or other papers filed pursuant to part 4 of Article 9 of Subtitle I of Title 28 of the District of Columbia Official Code, but they shall be indexed and, except as hereinafter provided, shall be kept on file and shall be open to inspection by the public, and shall have the same force and legal effect as if they were actually recorded in the books of his office.
(Mar. 3, 1901, ch. 854, § 546-C; Mar. 3, 1925, 43 Stat. 1103, ch. 417; June 5, 1952, 66 Stat. 126, ch. 370, § 2; Dec. 30, 1963, 77 Stat. 772, Pub. L. 88-243, § 10.)
Prior Codifications
1981 Ed., § 42-101.
1973 Ed., § 42-102.
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 2 - Recordation of Instruments › § 41–202. Disposal of void or lapsed instruments; termination statement; exceptions

§ 41–202. Disposal of void or lapsed instruments; termination statement; exceptions.
(a) Unless the Recorder of Deeds has notice of an action pending relative thereto, he may remove from the files and destroy:
(1) An instrument filed in his office pursuant to Chapter 12 of Title 50, which has become void or lapsed, and which has been void or lapsed for 1 year or more, together with any affidavit, release, assignment, or continuation or termination statement relating thereto;
(2) A lapsed financing statement, a lapsed continuation statement, a statement of assignment or release relating to either, filed pursuant to part 4 of Article 9 of Subtitle I of Title 28, and any index of any of them, 1 year or more after lapse of the financing statement and every continuation statement related thereto; and
(3) A termination statement filed pursuant to § 28:9-404, and the index on which it is noted, 1 year or more after the filing of the termination statement.
(b) Subsection (a) of this section does not apply to a bill of sale, mortgage, deed of trust, conditional sale of, financing statement or security agreement covering, railroad rolling stock.
(Mar. 3, 1901, ch. 854, § 546-D; June 5, 1952, 66 Stat. 126, ch. 370, § 3; June 18, 1953, 67 Stat. 64, ch. 126, § 1; Dec. 30, 1963, 77 Stat. 772, Pub. L. 88-243, § 11.)
Prior Codifications
1981 Ed., § 42-102.
1973 Ed., § 42-104.
Section References
This section is referenced in § 42-1210.
Cross References
Fees, see § 42-1210.
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 2 - Recordation of Instruments › § 41–203. Destruction of released instruments

§ 41–203. Destruction of released instruments.
When a financing statement filed pursuant to part 4 of Article 9 of Subtitle I of Title 28 of the District of Columbia Official Code has not lapsed, but all the collateral described in the financing statement has been released in the manner provided by part 4 thereof, the Recorder of Deeds may, after the expiration of 3 years from the date of the filing of the statement releasing all the collateral, destroy the financing statement and each continuation statement, statement of assignment, and statement of release relating thereto.
(Mar. 3, 1901, ch. 854, § 546-F; June 5, 1952, 66 Stat. 126, ch. 370, § 3; Dec. 30, 1963, 77 Stat. 773, Pub. L. 88-243, § 12.)
Prior Codifications
1981 Ed., § 42-103.
1973 Ed., § 42-106.
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 2 - Recordation of Instruments › § 41–204. False statements; failure to render termination statement; “Attorney General” defined

§ 41–204. False statements; failure to render termination statement; “Attorney General” defined.
(a) Whoever intentionally makes a false statement with respect to a financing statement or other paper filed with the Recorder of Deeds pursuant to part 4 of Article 9 of Subtitle I of Title 28 of the District of Columbia Official Code, or, after receipt of payment in full of the debt secured thereby, neglects or refuses, after written demand by the debtor, to send to the debtor a termination statement as provided by § 28:9-404 of the Code, shall be fined not more than $500 or imprisoned not more than 1 year, or both.
(b) Prosecutions for violations of this section shall be by the Corporation Counsel of the District of Columbia or any of his assistants in the name of the District of Columbia.
(c) As used in subsection (b) of this section “Corporation Counsel” means the attorney for the District of Columbia, by whatever title the attorney may be designated by the Mayor of the District of Columbia.
(Mar. 3, 1901, ch. 854, § 546-G; June 5, 1952, 66 Stat. 126, ch. 370, § 3; Dec. 30, 1963, 77 Stat. 773, Pub. L. 88-243, § 13.)
Prior Codifications
1981 Ed., § 42-104.
1973 Ed., § 42-107.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 3 - Civil Asset Forfeiture › § 41–301. Definitions

§ 41–301. Definitions.
For the purposes of this chapter, the term:
(1) “By type of property” means the 4 distinct types of property: real property, vehicles, currency, and other personal property.
(2) “Court” means the Superior Court of the District of Columbia.
(3) “Currency” means cash, or the fair market value of seized property disposed of pursuant to § 41-303(e).
(4) “Forfeitable offense” means an alleged violation of District law that can give rise to forfeiture pursuant to the following provisions: § 7-2507.06a, § 8-905, § 22-902, § 22-1705, § 22-2723, § 48-905.02, § 50-1501.04, or § 50-2201.04b.
(5) “Indigent” means a person who is financially unable to give any bond or give a bond in the required amount.
(6) “Mayor” means the Mayor of the District of Columbia or the Mayor’s designee.
(7) “Owner” means a person with a legal ownership interest in the property subject to seizure or forfeiture.
(8) “Relative” means a spouse, partner, sibling, parent, grandparent, child, grandchild, or the spouse, partner, or child thereof.
(9) “Sale proceeds” means all funds received by the District of Columbia as a result of the sale of seized property pursuant to § 41-303(e) or § 41-310.
(June 16, 2015, D.C. Law 20-278, § 101, 62 DCR 1920; Oct. 8, 2016, D.C. Law 21-155, § 608, 63 DCR 10143.)
2023 District of Columbia Code › Title 41 - Personal Property › Chapter 3 - Civil Asset Forfeiture › § 41–302. General provisions

§ 41–302. General provisions.
(a) Only property designated as forfeitable pursuant to a forfeitable offense shall be subject to forfeiture and may be forfeited only in accordance with the provisions of this chapter. Property that is contained within property subject to forfeiture does not automatically render that property subject to forfeiture.
(b) No property shall be subject to forfeiture by reason of an act or omission committed or omitted without the actual knowledge and consent of the owner, unless the owner was willfully blind to the knowledge of the act or omission.
(c) Except as provided in § 41-308, a conviction of a forfeitable offense shall not be required for the purpose of establishing that property is subject to forfeiture under this chapter.
(d) Property seized as evidence in a criminal case shall not be subject to this chapter while subject to evidentiary hold in a criminal case.
(June 16, 2015, D.C. Law 20-278, § 102, 62 DCR 1920.)