Title 28, Property

[§523A-13] Public sale of abandoned property. (a) Except as otherwise provided in this section, the administrator, within three years after the receipt of abandoned property, shall sell it to the highest bidder at public sale at a location in the State which in the judgment of th…

§523A-14 Claim of another state to recover property. (a) Subject to the period of limitation set forth in section 523A-19(c), after property has been paid or delivered to the administrator under this part, another state may recover the property if: (1) The property was paid or de…

§523A-15 Filing claim with administrator; handling of claims by administrator. (a) Subject to the period of limitation set forth in section 523A-19(c), a person, excluding another state, claiming property paid or delivered to the administrator may file a claim on a form prescribe…

[§523A-16] Action to establish claim. A person, excluding another state, aggrieved by a decision of the administrator or whose claim has not been acted upon within one hundred twenty days after its filing may maintain an original action to establish the claim in the circuit court…

[§523A-17] Election to take payment or delivery. (a) The administrator may decline to receive property reported under this part that the administrator considers to have a value less than the expenses of notice and sale. (b) A holder, with the written consent of the administrator …

[§523A-18] Destruction or disposition of property having no substantial commercial value; immunity from liability. If the administrator determines after investigation that property delivered under this part has no substantial commercial value, the administrator may destroy or oth…

§523A-19 Periods of limitation. (a) The expiration, before or after July 1, 2009, of a period of limitation on the owner's right to receive or recover property, whether specified by contract, statute, or court order, shall not preclude the property from being presumed abandoned o…

[§523A-2] Definitions. As used in this part, unless the context otherwise requires: "Administrator" means the director of finance. "Apparent owner" means a person whose name appears on the records of a holder as the person entitled to property held, issued, or owing by the holder…

[§523A-20] Requests for reports and examination of records. (a) The administrator may require a person who has not filed a report, or a person who the administrator believes has filed an inaccurate, incomplete, or false report, to file a verified report in a form specified by the…

[§523A-21] Retention of records. (a) Except as otherwise provided in subsection (b), a holder required to file a report under section 523A-8 shall maintain the records containing the information required to be included in the report for ten years after the holder files the report…

[§523A-22] Enforcement. The administrator may maintain an action in this or another state to enforce this part. The court may award reasonable attorney's fees to the prevailing party. [L 2008, c 55, pt of §1]

[§523A-23] Interstate agreements and cooperation; joint and reciprocal actions with other states. (a) The administrator may enter into an agreement with another state to exchange information relating to abandoned property or its possible existence. The agreement may permit the ot…

[§523A-24] Interest and penalties. (a) A holder who fails to report, pay, or deliver property within the time prescribed by this part shall pay to the administrator interest at the annual rate of two percentage points above the annual rate of discount in effect on the date the pr…

§523A-25 Agreement to locate property. (a) An agreement by an owner, the primary purpose of which is to locate, deliver, recover, or assist in the recovery of property that is presumed abandoned shall be void and unenforceable if it was entered into during the period commencing o…

§523A-26 Deposit of funds. (a) There is established in the state treasury the unclaimed property trust fund, which shall be administered by the administrator. All moneys collected by the unclaimed property program from holders of property presumed abandoned and all proceeds from …

[§523A-27] Foreign transactions. This part does not apply to property held, due, and owing in a foreign country and arising out of a foreign transaction. [L 2008, c 55, pt of §1]

[§523A-28] Transitional provisions. (a) An initial report filed under this part for property that was not required to be reported before July 1, 2009 but which is subject to this part shall include all items of property that would have been presumed abandoned during the ten-year …

[§523A-29] Rules. The administrator may adopt, pursuant to chapter 91, rules necessary to carry out this part. [L 2008, c 55, pt of §1]

[§523A-3] Presumptions of abandonment. (a) Property is presumed abandoned if it is unclaimed by the apparent owner during the time set forth below for the particular property: (1) Traveler's check, fifteen years after issuance; (2) Money order, seven years after issuance; (3) Sto…

[§523A-3.5] Gift certificates and gift cards. (a) This part shall not apply to a gift certificate or gift card; provided the gift certificate or gift card has no expiration date, no expiration period, and no type of post-sale charge or fee (including but not limited to service ch…

[§523A-30] Uniformity of application and construction. This part shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this part among states enacting it. [L 2008, c 55, pt of §1]

[§523A-4] Contents of safe deposit box or other safekeeping depository. Tangible property held in a safe deposit box or other safekeeping depository in this State in the ordinary course of the holder's business and proceeds resulting from the sale of the property permitted by oth…

[§523A-5] Rules of taking custody. Except as otherwise provided in this part or by other statute of this State, property that is presumed abandoned, whether located in this or another state, shall be subject to the custody of this State if: (1) The last known address of the appar…

[PART II.] UNCLAIMED PROPERTY HELD BY THE UNITED STATES [§523A-51] Declaration of policy. It is the policy of this State to discover property in the custody of officers, departments, and agencies of the United States, which property is unclaimed or abandoned by owners whose addre…

[§523A-52] Definitions. For purposes of this part, the following words shall have the following meanings: "Unclaimed property" means any tangible personal property or intangible personal property, including money, deposits, choses in action in amounts certain, and all debts owed …

[§523A-53] Unclaimed property subject to delivery to State; presumptions. (a) All intangible unclaimed property is subject to delivery to this State if the last known address of the owner is in this State. If the last known address of an owner is in this State, any other owner's …

[§523A-54] Request by director of finance for report of previously unreported information. On the thirtieth day of June of each year, the director shall request the Comptroller General or other proper officer of the United States to report all previously unreported information re…

[§523A-55] Agreement for State's payment of share of costs. The director is authorized to enter into agreements establishing the time and manner for paying the State's proportionate share of any actual and necessary cost incurred by the United States in examining its records and …

§523A-56 Posting copy of report; notice of interest and intention to claim; determination of asserted interest. (a) When a report is received from the Comptroller General or other proper officer of the United States, the director shall give the notice described in subsection (b) …

[§523A-57] State's right unaffected by expiration of time for proceeding. The expiration of any period of time specified by statute or court order, during which an action or proceeding may be commenced or enforced to obtain payment of a claim for funds or delivery of property sha…

[§523A-58] Petition for determination of State's right to custody of unclaimed property; venue; service not required. (a) Within one hundred twenty days following the date of publication by the director, or whenever it appears, after investigation by the director or otherwise, th…

[§523A-59] Notice of proceedings. (a) Commencing within five days after the filing of the petition, notice of the proceeding shall be published once each week for three consecutive weeks in a newspaper of general circulation published within the city and county of Honolulu. At th…

[§523A-6] Dormancy charge. A holder may deduct from property presumed abandoned a charge imposed by reason of the owner's failure to claim the property within a specified time only if there is a valid and enforceable written contract between the holder and the owner under which t…

[§523A-60] Answer; disposition of funds on deposit; dismissal without prejudice. Any person, whether or not named in the petition, may within fifteen days but not more than sixty days after the date of the first publication of the notice respond to the petition by answer describi…

[§523A-61] Application for judgment relating to property not claimed by answer, and finding and declaration thereon. Within twenty days following expiration of time for filing an answer under section 523A-60, the attorney general shall apply to the court for a judgment relating t…

[§523A-62] Request for delivery or payment of unclaimed property described in judgment; receipts. The director of finance shall request delivery or payment of all unclaimed property described in the judgment declaring the right of the State to receive custody of such property. Th…

§523A-63 Disposition of property received. Property received under this part shall be deposited or sold by the director as though received under part I of this chapter. Property received under this part shall not be subject to claim within two years following the date upon which …

[§523A-64] Undertaking to hold the United States harmless; intervention by state attorney general. (a) Upon the payment and delivery of property to the director, the State assumes custody and responsibility for the safekeeping of the property. An officer, department or agency of …

§523A-65 State rights not affected. (a) Notwithstanding any other provision of law, the right of the State to maintain an action and to recover presumptively abandoned property and the obligation of the federal government, or any federal agency, entity, officer, or appointee ther…

[§523A-7] Burden of proof as to property evidenced by record of check or draft. A record of the issuance of a check, draft, or similar instrument shall be prima facie evidence of an obligation. In claiming property from a holder who is also the issuer, the administrator's burden …

[§523A-8] Report of abandoned property. (a) A holder of property presumed abandoned shall make a report to the administrator concerning the property. (b) The report shall be verified and shall contain: (1) A description of the property; (2) Except with respect to a traveler's che…

§523A-9 Payment or delivery of abandoned property. (a) Except for property held in a safe deposit box or other safekeeping depository, upon filing the report required by section 523A-8, the holder of property presumed abandoned shall pay, deliver, or cause to be paid or delivered…