58-3958. Claim of another state to recover property; procedure.
58-3958
58-3958. Claim of another state to recover property; procedure.(a) At any time after property has been paid or delivered to theadministrator under this act another state may recover the property if:
(1) The property was subjected to custody by this state becausethe records of the holder did not reflect the last known addressof the apparent owner when the property was presumed abandonedunder this act, and the other state establishes that the lastknown address of the apparent owner or other person entitled tothe property was in that state and under the laws of that statethe property escheated to or was subject to a claim ofabandonment by that state;
(2) the last known address of the apparent owner or other personentitled to the property, as reflected by the records of theholder, is in the other state and under the laws of that statethe property has escheated to or become subject to a claim ofabandonment by that state;
(3) the records of the holder were erroneous in that they didnot accurately reflect the actual owner of the property and thelast known address of the actual owner is in the other state andunder the laws of that state the property escheated to or wassubject to a claim of abandonment by that state;
(4) the property was subjected to custody by this state undersubsection (f) of K.S.A. 58-3936 and amendments thereto and under the laws ofthestate of domicile of theholder the property has escheated to or become subject to a claimof abandonment by that state; or
(5) the property is the sum payable on a travelers check, moneyorder or other similar instrument that was subjected to custodyby this state under K.S.A 58-3937 and amendments thereto, and the instrumentwaspurchasedin the other state, and under the laws of that state the propertyescheated to or became subject to a claim of abandonment by thatstate.
(b) The claim of another state to recover escheated or abandonedproperty shall be presented in a form prescribed by the administratorwho shall decide the claim within 90 days after it is presented. Theadministrator shall allow the claim if the other state is determinedto be entitled to the abandoned property under subsection (a).
(c) The administrator shall require a state, before recoveringproperty under this section, to agree to indemnify this state and itsofficers and employees against any liability on a claim for theproperty.
History: L. 1994, ch. 8, § 25; March 3.