ORS 98.424
Agreements with other states
- exchange of information
- rules
- Attorney General action in name of other state
(1)
The State Treasurer may enter into agreements with other states to exchange information needed to enable this or another state to audit or otherwise determine unclaimed property that this state or another state may be entitled to subject to a claim of custody under ORS 98.348 (Recovery of abandoned property by another state). The State Treasurer may adopt rules requiring the other states to report information needed to enable compliance with agreements made pursuant to this section and prescribing the form for making a claim of custody under ORS 98.348 (Recovery of abandoned property by another state).(2)
Before adopting, amending or repealing any rules under this section, to avoid conflicts between the State Treasurer’s procedures and the procedures of administrators in other jurisdictions that enact an unclaimed property act, consistent with the purposes, policies and provisions of ORS 98.302 (Definitions for ORS 98.302 to 98.436) to 98.436 (Short title) and 98.992 (Penalty for failure to report, pay or deliver property under ORS 98.302 to 98.436), the State Treasurer shall advise and consult with administrators in other jurisdictions that enact a substantially similar unclaimed property act and take into consideration the rules of administrators in other jurisdictions that enact an unclaimed property act.(3)
The State Treasurer may join with other states to seek enforcement of ORS 98.302 (Definitions for ORS 98.302 to 98.436) to 98.436 (Short title) and 98.992 (Penalty for failure to report, pay or deliver property under ORS 98.302 to 98.436) against any person who is or may be holding property reportable under ORS 98.352 (Report of abandoned property).(4)
At the request of another state, the Attorney General of this state may bring an action in the name of another state to enforce the unclaimed property laws of the other state against a holder in this state 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 bringing the action, including attorney fees.(5)
The State Treasurer, through the Attorney General of this state, may request the attorney general of another state or any other person to bring an action in the other state in the name of the State Treasurer against the holder of property in the other state that is subject to escheat or a claim of abandonment by this state. This state shall pay all expenses including attorney fees in any action under this subsection. Any expenses paid pursuant to this subsection may not be deducted from the amount that is subject to the claim by the owner under ORS 98.302 (Definitions for ORS 98.302 to 98.436) to 98.436 (Short title) and 98.992 (Penalty for failure to report, pay or deliver property under ORS 98.302 to 98.436).(6)
The State Treasurer may not disclose to any other state any confidential information provided by the Department of Revenue from taxpayer returns. [1983 c.716 §39; 1985 c.403 §3; 1993 c.694 §21; 2019 c.678 §28]
Source:
Section 98.424 — Agreements with other states; exchange of information; rules; Attorney General action in name of other state, https://www.oregonlegislature.gov/bills_laws/ors/ors098.html.
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