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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 http://atq.sd.gov 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 1