Berry, 012611 INAGO, AGO 2011-2

• Case Date: January 26, 2011
• Court: Indiana

The Honorable Tim Berry AGO 2011-2 Official Opinion No. 2011-2 Indiana Attorney General Opinion January 26, 2011          The Honorable Tim Berry          Auditor of State          200 W. Washington St.          Indianapolis, IN 46204          RE: Disposition of Uncashed Warrants Issued By the State Auditor          Dear Auditor Berry:          You have requested information, in addition to that already provided by Ind. Att’y Gen. Op. No. 2008-04,1 concerning the proper handling of all uncashed warrants issued by the Auditor of State. Specifically, you request our opinion regarding when payments should be distributed to the Abandoned Property Fund.          BRIEF ANSWER          1. The funds represented by uncashed warrants issued by the Auditor of State should be paid over to Indiana's Abandoned Property Fund once they are presumed abandoned unless another controlling statute exists that provides an alternate means for the proper handling of the abandoned funds.          2. When funds represented by uncashed warrants are held by the state, they are presumed to be abandoned and are subject to the Indiana Unclaimed Property Act when the owner of the funds fails to communicate in writing with the state within one year after the funds are distributable.          ANALYSIS          The purpose of the Indiana Unclaimed Property Act (IUPA) is to place abandoned property into the custody and safekeeping of the State for possible recovery by the owner. Ind. Code Chpt. 32-34-1. The IUPA's provisions set out the process by which "holders" must turn over applicable property to the Abandoned Property Fund administered by the Office of the Attorney General and kept by the Treasurer of State.          The language of the IUPA is clear in establishing state agencies as holders. The IUPA defines a "holder" as "a person obligated to deliver or pay to the owner property that is subject to this chapter." Ind. Code § 32-34-1-8. Its definition of "person" includes "a government, a governmental subdivision, agency, or instrumentality .... "...