Interstate agreements; interstate enforcement and actions;
document confidentiality
Sec. 44. (a) The attorney general may enter into an agreement
with other states to exchange information relating to unclaimed
property or the possible existence of unclaimed property. The
agreements may permit other states, or a person acting on behalf of
a state, to examine records as authorized in section 42 of this chapter.
The attorney general may, by rule, require the reporting of
information needed to enable compliance with any agreements made
under this section and prescribe the form.
(b) The attorney general may join with other states to seek
enforcement of this chapter against a person who is or may be
holding property reportable under this chapter.
(c) At the request of another state, the attorney general may
commence an action on behalf of the administrator of the other state
to enforce in Indiana the unclaimed property laws of the other state
against a holder of property subject to escheat or a claim of
abandonment by the other state, if the other state has agreed to pay
expenses incurred by the attorney general in maintaining the action.
(d) The attorney general may request that the attorney general of
another state or any other attorney commence an action in that state
on behalf of the attorney general. The attorney general may retain
another attorney to commence an action in Indiana on behalf of the
attorney general. This state shall pay all expenses, including
attorney's fees, in maintaining an action under this subsection. With
the attorney general's approval, the expenses and attorney's fees may
be paid from money received under this chapter. The attorney
general may agree to pay the person bringing the action attorney's
fees based in whole or in part on a percentage of the value of any
property recovered in the action. Expenses or attorney's fees paid
under this subsection may not be deducted from the amount that is
subject to the claim by the owner under this chapter.
(e) Any documents and working papers obtained or compiled by
the attorney general or the attorney general's agents, employees, or
designated representatives in the course of conducting an audit under
section 42 of this chapter are confidential and are not public records
except:
(1) when used by the attorney general to maintain an action to
collect unclaimed property or otherwise enforce this chapter;
(2) when used in joint audits conducted with or under
agreements with other states, the federal government, or other
governmental entities; or
(3) under subpoena or court order.
The documents and working papers may be disclosed to the
abandoned property office of another state for that state's use in
circumstances equivalent to those described in this subsection if the
other state is bound to keep the documents and papers confidential.
(f) The attorney general's final completed audit reports are public
records, available for inspection and copying under IC 5-14-3. A
final report may not contain confidential documentation or working
papers unless an exception under subsection (e) applies.
As added by P.L.2-2002, SEC.19.
Last modified: May 24, 2006