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2025 Op. S.D. Att'y Gen. 1 (2025)

handle is hein.sag/sagsd0077 and id is 1 raw text is: 









MARTY J. JACKLEY
ATTORNEY GENERAL


       STATE OF SOUTH DAKOTA




OFFICE  OF ATTORNEY   GENERAL
     1302 East Highway 14, Suite 1
     Pierre, South Dakota 57501-8501
        Phone (605) 773-3215
        Fax (605) 773-4106
          htto://atq.sd.qov


BRENT K. KEMPEMA
  CHIEF DEPUTY


January  23, 2025


Josh  Haeder
South  Dakota Treasurer
500  E. Capitol Ave., Suite 212
Pierre, SD 57501

OFFICIAL   OPINION  No. 25-01

Re: Official Opinion Concerning the Use of a Data Matching Process to Locate
Owners  of Unclaimed Property

Dear  Treasurer Haeder,

In your capacity as State Treasurer for South Dakota, you have requested an
official opinion from the Attorney General's Office on the following question:

QUESTION:

Whether  the State Treasurer's Unclaimed Property Division (Division) can use
a data matching process to locate owners of unclaimed property and attempt to
return that property without the owner initiating a claim for the property.

ANSWER:

Yes. The Division can use a data matching process to locate owners of
unclaimed  property and attempt to return that property without the owner
initiating a claim.

FACTS:

During COVID,  the Division began using a data matching process to locate
owners of unclaimed property held by the State Treasurer under the Uniform
Unclaimed  Property Act (SDCL ch. 43-41B). Under this process, the Division's
software provider searches the Unclaimed Property database for qualifying
unclaimed properties between $10.00 and $5,000.00. Qualifying properties are


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