35-12-76
Section 35-12-76 Report of abandoned property. (a) A holder of property presumed abandoned
shall make a report to the Treasurer concerning the property. The report shall be filed electronically
and the monies remitted electronically. The Treasurer may grant an exception upon written
request as established by rule. A report should contain only tangible property or intangible
property. If a holder possesses both property types, two reports shall be filed. (b) The report
must be verified, balanced, and must contain, at a minimum, all of the following: (1) A description
of the property. (2) The date, if any, on which the property became payable, demandable, or
returnable, and the date of the last transaction with the apparent owner with respect to the
property. (3) Other information that the Treasurer by rule prescribes as necessary for the
administration of this article. (4) Except with respect to a traveler's check, money order,
or State of Alabama issued payment instruments, the name,...
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35-12-78
Section 35-12-78 Notification of abandoned property. (a) It is specifically recognized that
the state has an obligation to make an effort to notify apparent owners of abandoned property
in a cost-effective manner. (b) The Treasurer shall make at least one active attempt to notify
apparent owners of the existence of abandoned property held by the office of the Treasurer.
Within 12 months of the receipt of the property, the Treasurer shall mail a postcard notification
to the apparent owner containing all of the following information set forth in the report
filed by the holder: (1) The name of each person appearing to be the owner of the property.
(2) The last known address or location of each person appearing to be the owner of the property.
(3) A statement explaining that the property of the apparent owner is presumed to be abandoned
and has been delivered into the protective custody of the Treasurer. (4) A statement that
information about the property and its return to the owner is...
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35-12-81
Section 35-12-81 Deposit of funds. (a) The Treasurer shall promptly deposit in the Unclaimed
Property Reserve Fund, created within the Treasury, all funds received under this article,
including but not limited to, the proceeds from the sale of abandoned property under Section
35-12-80, from which the Treasurer shall pay claims duly allowed and shall transfer funds
to the State Treasury Operations Fund. The Treasurer shall record the name and last known
address of each person appearing from the holder's reports to be entitled to the property,
and the name and last known address of each insured person or annuitant and beneficiary and
with respect to each policy or annuity listed in the report of an insurance company, its number,
the name of the company, and the amount due. (b) All costs and expenses of administering the
program under this article and all costs and expenses of administering the Office of State
Treasurer shall be paid from the State Treasury Operations Fund. (c) On a...
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35-12-72
Section 35-12-72 Presumption 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
checks, 15 years after issuance. (2) Money order, five years after issuance. (3) A demand,
savings, or time deposit including a deposit that is automatically renewable, three years
after the earlier of maturity, as extended from time to time, or the date of the last indication
by the apparent owner of interest in the property. (4) Tangible and intangible 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
other law, three years after expiration of the lease or rental period on the box or other
depository. (5) Money or credits owed to a customer as a result of a retail business transaction,
one year after the obligation accrued. (6) Property in an...
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35-12-79
Section 35-12-79 Custody by state; recovery by holder; defense of holder. (a) In this article,
good faith means honesty in fact in the conduct or transaction concerned. (b) Upon payment
or delivery of property to the Treasurer, the state assumes custody and responsibility for
the safekeeping of the property. A holder who pays or delivers property to the Treasurer in
good faith is relieved of all liability arising thereafter with respect to the property. The
payment or delivery of property to the Treasurer shall operate as a full, absolute and unconditional
release and discharge of the holder from any and all claims or demands of or liability to
any person entitled thereto, or to any other claimant or state, and the payment or delivery
may be pleaded as an absolute bar to any action brought against the holder by any other person
entitled thereto, or by any other claimant or state. Once properly pleaded, the holder shall
immediately and thereafter be relieved of and held harmless from...
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45-13-120
Section 45-13-120 Compensation; election; oath and bond; office space, equipment; chief clerk;
powers and duties; issuance of licenses; disposition of funds. (a)(1) Effective October 1,
1991, there is hereby created the office of commissioner of licenses. The salary of the commissioner
of licenses shall be in the amount of thirty-six thousand dollars ($36,000) annually. The
annual salary shall be payable in equal biweekly installments from the general funds of the
county, as all other county employees are paid. (2) The office of commissioner of licenses
shall be established upon the occurrence of a vacancy before October 1, 1991, in either the
office of tax assessor or tax collector, then, in that event, the officer remaining after
the office of revenue commissioner is established, shall be the license commissioner for the
remainder of the unexpired term for which he or she was elected as either tax assessor or
as tax collector, as the case may be, and the license commissioner shall be...
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32-8-87
Section 32-8-87 Dismantling, destroying, changing identity of vehicle; certificate requirements;
insurance claims; "total loss"; removal of identification numbers, plates, etc.;
transfer of salvage vehicles; inspections; "component parts"; rebuilt vehicles;
flood vehicles; online verifications. (a) Each owner of a motor vehicle and each person mentioned
as owner in the last certificate of title who scraps, dismantles, destroys, or changes the
motor vehicle in such a manner that it is not the same motor vehicle described in the certificate
of origin or certificate of title shall as soon as practicable cause the certificate of origin
or certificate of title, if any, and any other documents or information required by the department
to be mailed or delivered to the department for processing. The department shall, with the
consent of any holder of liens noted on the surrendered certificate, enter a cancellation
upon its records. Upon cancellation of a certificate of origin or certificate of...
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35-12-74
Section 35-12-74 Rules for taking custody. Except as otherwise provided in this article, or
by other statute of this state, property that is presumed abandoned, whether located in this
or another state, is subject to the custody of this state if any of the following occur: (1)
The last known address of the apparent owner, as shown on the records of the holder, is in
this state. (2) The records of the holder do not reflect the identity of the person entitled
to the property and it is established that the last known address of the person entitled to
the property is in this state. (3) The records of the holder do not reflect the last known
address of the apparent owner and it is established that: a. The last known address of the
person entitled to the property is in this state; or b. The holder is domiciled in this state
or is a government or governmental subdivision, agency, or instrumentality of this state and
has not previously paid or delivered the property to the state of the last...
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35-12-82
Section 35-12-82 Claim of another state to recover property. (a) After property has been paid
or delivered to the Treasurer under this article, another state may recover the property if
any of the following apply: (1) The property was paid or delivered to the custody of this
state because the records of the holder did not reflect a last known location of the apparent
owner within the borders of the other state and the other state establishes that the apparent
owner or other person entitled to the property was last known to be located within the borders
of that state and under the laws of that state the property has escheated or become subject
to a claim of abandonment by that state. (2) The property was paid or delivered to the custody
of this state because the laws of the other state did not provide for the escheat or custodial
taking of the property, and under the laws of that state subsequently enacted the property
has escheated or become subject to a claim of abandonment by that...
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35-12-77
Section 35-12-77 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 in Section
35-12-76, the holder of property presumed abandoned shall pay, deliver, or cause to be paid
or delivered to the Treasurer the property described in the report as unclaimed, but if the
property is an automatically renewable deposit, and a penalty or forfeiture in the payment
of interest would result, the time for compliance is extended until a penalty or forfeiture
would no longer result. (b) Tangible property held in a safe deposit box or other safekeeping
depository shall be delivered to the Treasurer within 120 days after filing the report required
in Section 35-12-76. (c) If the property reported to the Treasurer is a security or security
entitlement under Article 8 of Title 7, the Uniform Commercial Code, the Treasurer is an appropriate
person to make an indorsement, instruction, or entitlement...
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