reglab/housing_qa huggingface dataset:
KS Stat § 58-3957 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 39 - Disposition Of Unclaimed Property Act|58-3957 Filing of claim with administrator.

58-3957. Filing of claim with administrator. (a) (1) A person, excluding another state, claiming an interest in any property paid or delivered to the administrator may file with the administrator a claim on a form prescribed by the administrator and verified by the claimant.(2) The department of health and environment may claim an interest in any property paid or delivered to the administrator if the deceased owner of such property received medical assistance under K.S.A. 39-709, and amendments thereto, except that such claim shall not exceed the amount of medical assistance received by the deceased owner.(3) The administrator may hold a hearing on the claim in accordance with the provisions of the Kansas administrative procedure act. The decision resulting from any hearing shall be a public record.(b) The administrator shall consider each claim within 90 days after it is filed and give written notice to the claimant if the claim is denied in whole or in part. The notice may be given by mailing it to the last address, if any, stated in the claim as the address to which notices are to be sent. If no address for notices is stated in the claim, the notice may be mailed to the last address, if any, of the claimant as stated in the claim. No notice of denial need be given if the claim fails to state either the last address to which notices are to be sent or the address of the claimant.(c) If a claim is allowed, the administrator shall pay over or deliver to the claimant the property or the amount the administrator actually received or the net proceeds if it has been sold by the administrator, together with any additional amount required by K.S.A. 58-3954, and amendments thereto. Interest reported under the previous disposition of unclaimed property act shall not be computed, paid or delivered to the claimant after enactment of this act. If the claim is for property presumed abandoned under K.S.A. 58-3943, and amendments thereto, which was sold by the administrator within three years after the date of delivery, the amount payable for that claim is the value of the property at the time the claim was made or the net proceeds of sale, whichever is greater.(d) Any holder who pays the owner for property that has been delivered to the state and which, if claimed from the administrator, would be subject to subsection (c) shall add any additional amount as provided in K.S.A. 58-3954, and amendments thereto. The additional amount shall be repaid to the holder by the administrator in the same manner as the principal.History: L. 1994, ch. 8, § 24; L. 2013, ch. 112, § 24; July 1.
KS Stat § 58-3958 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 39 - Disposition Of Unclaimed Property Act|58-3958 Claim of another state to recover property; procedure.

58-3958. Claim of another state to recover property; procedure. (a) At any time after property has been paid or delivered to the administrator under this act another state may recover the property if:(1) The property was subjected to custody by this state because the records of the holder did not reflect the last known address of the apparent owner when the property was presumed abandoned under this act, and the other state establishes that the last known address of the apparent owner or other person entitled to the property was in that state and under the laws of that state the property escheated to or was subject to a claim of abandonment by that state;(2) the last known address of the apparent owner or other person entitled to the property, as reflected by the records of the holder, is in the other state and under the laws of that state the property has escheated to or become subject to a claim of abandonment by that state;(3) the records of the holder were erroneous in that they did not accurately reflect the actual owner of the property and the last known address of the actual owner is in the other state and under the laws of that state the property escheated to or was subject to a claim of abandonment by that state;(4) the property was subjected to custody by this state under subsection (f) of K.S.A. 58-3936 and amendments thereto and under the laws of the state of domicile of the holder the property has escheated to or become subject to a claim of abandonment by that state; or(5) the property is the sum payable on a travelers check, money order or other similar instrument that was subjected to custody by this state under K.S.A. 58-3937 and amendments thereto, and the instrument was purchased in the other state, and under the laws of that state the property escheated to or became subject to a claim of abandonment by that state.(b) The claim of another state to recover escheated or abandoned property shall be presented in a form prescribed by the administrator who shall decide the claim within 90 days after it is presented. The administrator shall allow the claim if the other state is determined to be entitled to the abandoned property under subsection (a).(c) The administrator shall require a state, before recovering property under this section, to agree to indemnify this state and its officers and employees against any liability on a claim for the property.History: L. 1994, ch. 8, § 25; March 3.
KS Stat § 58-3959 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 39 - Disposition Of Unclaimed Property Act|58-3959 Action to establish claim.

58-3959. Action to establish claim. A person aggrieved by a decision of the administrator or whose claims have not been acted upon within 90 days may bring an action to establish a claim in accordance with the Kansas judicial review act.History: L. 1994, ch. 8, § 26; L. 2010, ch. 17, § 107; July 1.
KS Stat § 58-3960 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 39 - Disposition Of Unclaimed Property Act|58-3960 Election to take property or delivery.

58-3960. Election to take property or delivery. (a) The administrator may decline to receive any property reported under this act which is considered to have a value less than the expense of giving notice and of sale. If the administrator elects not to receive custody of the property, the holder shall be notified within 120 days after filing the report required under K.S.A. 58-3950 and amendments thereto.(b) A holder, with the written consent of the administrator and upon conditions and terms prescribed by the administrator, may report and deliver property before the property is presumed abandoned. Property delivered under this subsection shall be held by the administrator and is not presumed abandoned until such time as it otherwise would be presumed abandoned under this act.History: L. 1994, ch. 8, § 27; March 3.
KS Stat § 58-3961 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 39 - Disposition Of Unclaimed Property Act|58-3961 Destruction or disposition of property having insubstantial commercial value; immunity from liability.

58-3961. Destruction or disposition of property having insubstantial commercial value; immunity from liability. If the administrator determines after investigation that any property delivered under this act has insubstantial commercial value, the administrator may destroy or otherwise dispose of the property at any time. No action or proceeding may be maintained against the state or any officer or against the holder for or on account of any action taken by the administrator pursuant to this section.History: L. 1994, ch. 8, § 28; March 3.
KS Stat § 58-3962 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 39 - Disposition Of Unclaimed Property Act|58-3962 Periods of limitation.

58-3962. Periods of limitation. (a) The expiration, before or after the effective date of this act, or any period of time specified by contract, statute or court order during which a claim for money or property can be made or during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or to recover property does not prevent the money or property from being presumed abandoned or affect any duty to file a report or to pay or deliver abandoned property to the administrator as required by this act.(b) No action or proceeding may be commenced by the administrator against a holder concerning any provision of this act more than five years after the holder either specifically reported the property, or gave notice of a dispute regarding the property, to the administrator. In the absence of such a report or other express notice, the period of limitation is tolled. The period of limitation is tolled by the filing of a fraudulent report.History: L. 1994, ch. 8, § 29; L. 1999, ch. 100, § 10; Jan. 1, 2000.
KS Stat § 58-3964 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 39 - Disposition Of Unclaimed Property Act|58-3964 Retention of records.

58-3964. Retention of records. (a) Every holder required to file a report under K.S.A. 58-3950 and amendments thereto, as to any property for which the holder has obtained the last known address of the owner, shall maintain a record of the name and last known address of the owner for 10 years after the property becomes reportable, except to the extent that a shorter time is provided in subsection (b) or by rules and regulations of the administrator.(b) Any business association that sells in this state travelers checks or money orders, other than third-party bank checks on which the business association is directly liable, or that provides such instruments to others for sale in this state shall maintain a record of those instruments while they remain outstanding, indicating the state and date of issue for three years after the date the property is reportable.History: L. 1994, ch. 8, § 31; March 3.
KS Stat § 58-3965 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 39 - Disposition Of Unclaimed Property Act|58-3965 Enforcement.

58-3965. Enforcement. (a) The administrator, for and on behalf of this state, may commence an action in a district court of Kansas:(1) For an adjudication that certain property is unclaimed and payable or distributable to the administrator;(2) to compel presentation of a report or payment or distribution of property to the administrator;(3) to enforce the duty of a person to permit the examination or audit of the records of that person;(4) to enjoin any act that violates the public policy or provisions of this act; or(5) to enforce any aspect of this act in any manner.(b) The administrator may commence such an action in the following situations:(1) The holder is a person domiciled in this state or is a governmental entity of this state;(2) the holder is a person engaged in or transacting any business in this state, although not domiciled in this state; or(3) the subject matter is tangible personal property held in this state.(c) The administrator, for and on behalf of this state, may commence an action against the United States government or any agency or subdivision thereof for an adjudication that the proceeds of United States savings bonds subject to the provisions of K.S.A. 58-3934, et seq., and amendments thereto, are payable to the administrator.(d) In a situation where no district court in this state can obtain jurisdiction over the person involved, the administrator may commence such an action in a federal court or state court of another state having jurisdiction over that person.(e) The administrator shall be deemed an indispensable party to any judicial or administrative proceedings concerning the disposition and handling of unclaimed property that is or may be payable or distributable into the protective custody of the administrator. The administrator shall have a right to intervene and participate in any judicial or administrative proceeding when to do so will be in the best interest of this state, the apparent owner or the unclaimed property or to conserve and safeguard the unclaimed property against dissipation, undue diminishment or adverse discriminatory treatment.History: L. 1994, ch. 8, § 32; L. 2000, ch. 125, § 8; Apr. 27.
KS Stat § 58-3966 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 39 - Disposition Of Unclaimed Property Act|58-3966 Interstate agreements and cooperation; joint and reciprocal actions with other states.

58-3966. Interstate agreements and cooperation; joint and reciprocal actions with other states. (a) The administrator 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 it or another state may be entitled to subject to a claim of custody. The administrator by rules and regulations may require the reporting of information needed to enable compliance with agreements made pursuant to this section and prescribe the form.(b) To avoid conflicts between the administrator's procedures and the procedures of administrators in other jurisdictions that enact the uniform unclaimed property act, the administrator, so far as is consistent with the purposes, policies and provisions of this act before adopting, amending or repealing rules and regulations, shall advise and consult with administrators in other jurisdictions that enact substantially the uniform unclaimed property act and take into consideration the rules and regulations of administrators in other jurisdictions that enact the uniform unclaimed property act.(c) The administrator may join with other states to seek enforcement of this act against any person who is or may be holding property reportable under this act.(d) At the request of another state, the attorney general of this state may bring an action in the name of the administrator of the other state in any court of competent jurisdiction 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.(e) The administrator may request that the attorney general of another state or any other person bring an action in the name of the administrator in the other state. This state shall pay all expenses including attorney fees in any action under this subsection. The administrator may agree to pay the person bringing the action attorney fees based in whole or in part on a percentage of the value of any property recovered in the action. Any expenses paid pursuant to this subsection may not be deducted from the amount that is subject to the claim by the owner under this act.History: L. 1994, ch. 8, § 33; March 3.
KS Stat § 58-3967 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 39 - Disposition Of Unclaimed Property Act|58-3967 Interest and penalties.

58-3967. Interest and penalties. (a) A person who willfully fails to present a report to the administrator when due or to perform any other duty required by this act, other than payment or delivery of unclaimed property as required by this act, shall pay a civil penalty of $100 for each day the report is not presented or the duty is not performed, except the total civil penalty shall not exceed $5,000.(b) A person who willfully fails to send written notice as required in K.S.A. 58-3950, and amendments thereto, shall pay a civil penalty not to exceed $5 for each failure to send written notice to an apparent owner.(c) A person who willfully fails to pay or deliver to the administrator any unclaimed property as required by this act shall pay a civil penalty equal to 25% of the value of the property that should have been paid or delivered.(d) A person who fails to pay or deliver unclaimed property to the administrator within the time period required by this act shall pay to the administrator interest at the annual rate of 10% above the annual rate of discount, in effect on the date the property should have been paid or delivered, for the most recent issue of 52-week United States treasury bills, calculated upon the value of the unclaimed property from the date that property should have been paid or delivered. If the property remains unpaid or undelivered for more than one year after becoming payable or deliverable, the interest rate for each succeeding year shall be calculated at an annual rate of 10% above the discount rate on each succeeding anniversary of the date that the unclaimed property was payable or distributable. For the purposes of assessing and calculating the penalties and interest on unclaimed property that was discovered during an examination or audit and that was not paid or distributed, as required, the date upon which the unclaimed property should have been paid or delivered shall be used as the date upon or from which penalties and interest are assessed and calculated.(e) The administrator shall have discretion to waive or reduce the payment of penalties and interest in an appropriate circumstance.History: L. 1994, ch. 8, § 34; L. 2014, ch. 105, § 2; July 1.
KS Stat § 58-3968 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 39 - Disposition Of Unclaimed Property Act|58-3968 Agreement to locate reported property.

58-3968. Agreement to locate reported property. (a) All agreements to pay compensation to recover or assist in the recovery of property reported under K.S.A. 58-3950, and amendments thereto, made within 24 months after the date payment or delivery is made under K.S.A. 58-3952, and amendments thereto, are unenforceable.(b) All agreements to pay compensation to recover or assist in the recovery of property reported under K.S.A. 58-3950, and amendments thereto, made more than 24 months after the date payment or delivery is made under K.S.A. 58-3952, and amendments thereto, are unenforceable if the fee or compensation agreed upon is in excess of 15% of the value of the recoverable property. The administrator may require a third party seeking information concerning unclaimed property held for an apparent owner to provide a copy of an agreement signed by the claimant before releasing any information to the third party.(c) State warrants that may be issued in payment for and redemption of recoverable property may be issued, in the discretion of the administrator, directly to the rightful owners or, as fiduciary of the estate of a deceased owner, to an heir or legatee, and not to a named attorney in fact, agent, assignee or other person regardless of written instructions to the contrary.History: L. 1994, ch. 8, § 35; L. 2000, ch. 125, § 9; Apr. 27.
KS Stat § 58-3969 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 39 - Disposition Of Unclaimed Property Act|58-3969 Foreign transactions.

58-3969. Foreign transactions. This act does not apply to any property held, due and owing in a foreign country and arising out of a foreign transaction.History: L. 1994, ch. 8, § 36; March 3.
KS Stat § 58-3970 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 39 - Disposition Of Unclaimed Property Act|58-3970 Effect of new provisions; clarification of application.

58-3970. Effect of new provisions; clarification of application. (a) This act does not relieve a holder of a duty that arose before the effective date of this act to report, pay or deliver property. A holder who did not comply with the law in effect before the effective date of this act is subject to the applicable enforcement and penalty provisions that then existed and they are continued in effect for the purpose of this subsection, subject to subsection (b) of K.S.A. 58-3962 and amendments thereto.(b) The initial report filed under this act for property that was not required to be reported before the effective date of this act but is subject to this act shall include all items of property that would have been presumed abandoned during the ten-year period preceding the effective date of this act as if this act had been in effect during that period.History: L. 1994, ch. 8, § 37; March 3.
KS Stat § 58-3971 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 39 - Disposition Of Unclaimed Property Act|58-3971 Rules and regulations.

58-3971. Rules and regulations. The administrator is hereby authorized to adopt such rules and regulations as may be necessary to carry out the provisions of this act.History: L. 1994, ch. 8, § 38; March 3.
KS Stat § 58-3972 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 39 - Disposition Of Unclaimed Property Act|58-3972 Severability.

58-3972. Severability. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.History: L. 1994, ch. 8, § 39; March 3.
KS Stat § 58-3973 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 39 - Disposition Of Unclaimed Property Act|58-3973 Uniformity of application and construction.

58-3973. Uniformity of application and construction. This act shall be applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.History: L. 1994, ch. 8, § 40; March 3.
KS Stat § 58-3974 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 39 - Disposition Of Unclaimed Property Act|58-3974 Act not applicable in certain instances.

58-3974. Act not applicable in certain instances. (a) The provisions of this act shall not apply to any tangible or intangible personal property which is subject to the provisions of K.S.A. 8-1101, 8-1102, 9-1918, 10-815, 17-2206a, 19-320, 47-229, 47-230, 47-232, 47-236 through 47-239, 59-514, 59-901 through 59-905, 70-101 through 70-104, and amendments thereto.(b) This act shall not apply to any personal property which is being administered or has been distributed under the provisions of K.S.A. 59-2701 through 59-2707, and amendments thereto.(c) This act shall not apply to any patronage dividend or capital credit held or owing by any cooperative association, society or corporation organized under the provisions of K.S.A. 17-1501 et seq., 17-1601 et seq. or 17-4601 et seq., and amendments thereto.(d) This act shall not apply to any patronage dividend or any capital credit held or owing by any public utility which is a member-owned nonprofit corporation organized under the provisions of K.S.A. 17-6001 et seq., and amendments thereto.History: L. 1994, ch. 8, § 41; L. 1999, ch. 100, § 11; L. 2013, ch. 83, § 4; L. 2018, ch. 75, § 23; July 1.