Guam § 21116 - Unclaimed or Unpaid Checks.

§ 21116. Unclaimed or Unpaid Checks.

(a) Upon audit caused by the Director of Administration, the

amounts of all government of Guam checks or drafts which shall have

been unclaimed or outstanding for more than one year from the

respective dates thereof, shall be accounted for separately and a record

made of each such check or draft.

(b) All such unclaimed checks or drafts shall be cancelled as of the

date of the audit. Upon demand by the lawful claimant thereof within

three years after such cancellation, the Director of Administration shall

issue a new check or draft in lieu thereof.

(c) Upon presentation of any such outstanding check or draft within

three years of the date of audit thereof to the Director of Administration

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by the lawful holder thereof, the Director shall cancel the check or draft

so presented and issue a new check or draft in lieu thereof.

(d) The amounts of all checks or drafts which shall have been

unclaimed or outstanding for more than three years from the date of audit

shall be paid into the Treasury as revenue of the General Fund.

(e) Publishing Unclaimed Tax Refund Checks. Within ninety (90)

days of the enactment of this Subsection, the Department shall create and

enact a policy establishing guidelines for the reporting and publishing of

unclaimed tax refund checks. The publishing of unclaimed tax refund

checks shall be made in a publication of general circulation and shall be

posted on the official Department website within six (6) months after

each annual tax filing deadline. Such unclaimed tax refund check

postings on the official Department website shall be updated not less than

semi-annually.

Information to be included in each publication and posting shall

contain:

(1) taxpayer name;

(2) address; and

(3) date to claim check.

(f) Notwithstanding any other provision of law or this Section, any

and all unclaimed or outstanding government of Guam checks or drafts

specific to the payment of income tax refunds may be demanded by the

lawful claimant thereof within ten (10) years after cancellation, and the

funds from such unclaimed or outstanding checks or drafts which shall

have been unclaimed or outstanding for more than ten (10) years from

the date of the audit, shall be deposited into the Income Tax Refund

Efficient Payment Trust Fund (Trust Fund), established pursuant to

Chapter 51 of Title 11 GCA, and shall be administered pursuant to §

51102, Chapter 51, Title 11 GCA. Such deposits to the Trust Fund herein

shall be considered separate and apart from any required deposits in

Chapters 50 and 51, Title 11 GCA; and shall not be credited toward any

required deposits in Chapters 50 and 51 of Title 11 GCA.