AGO 2008 No. 4.

Case DateAugust 22, 2008
CourtIndiana
Indiana Attorney General Opinions 2008. AGO 2008 No. 4. August 22, 2008OFFICIAL OPINION 2008-04Mr. Bruce HartmanState Examiner, State Board of Accounts Indiana Government Center South - Rm. E418302 West Washington StreetIndianapolis, Indiana 46204 Re: Disposition of Uncashed Indiana Tax Refund and Prisoner Discharge ChecksDear Mr. Hartman: You have requested our opinion regarding the proper handling of uncashed Indiana tax refund checks and uncashed prisoner discharge checks. Your question is occasioned by a possible inconsistency between Indiana's Unclaimed Property Act ("IUPA") at Indiana Code section 32-34-1-1, et seq., and Indiana's Warrant Cancellation Statute at Indiana Code section 4-10-10-1, et seq. Brief Answer The funds represented by uncashed Indiana tax refund checks and uncashed prisoner discharge checks should be paid over to Indiana's Abandoned Property Fund, which is administered by the Office of the Attorney General and kept by the Treasurer of State in the Abandoned Property Fund Legal Analysis The purpose of IUPA is to place abandoned intangible property into the custody and safekeeping of the State for possible recovery by the owner. IUPA defines a "holder" as "a person obligated to deliver or pay to the owner property that is subject to this chapter"(fn1) and "person" includes "a government, a governmental subdivision, agency, or instrumentality. . ."(fn2) "'Property' means an interest in intangible personal property, except an unliquidated claim, and all income or increment derived from the interest, including an interest that is referred to as or evidenced by: (1) money, a check, a draft, a deposit, an interest, or a dividend. . . ." Ind. Code 32-34-1-17. Although some types of intangible property are excluded from the IUPA, there is no specific exclusion for state-held property. Ind. Code 32-34-1-1(b). IUPA also is specific on when property becomes abandoned. Indiana Code 32-34-1-20 provides, in pertinent part (emphasis supplied):
(c) Property that is held, issued, or owed in the ordinary course of a holder's business is presumed abandoned if the owner or apparent owner has not communicated in writing with the holder concerning the property or has not otherwise given an indication of interest in the property during the following times: . . .
(7) For property held by a state or other government,
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