reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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; January 1, 2000.
2023 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.
2023 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; April 27.
2023 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.
2023 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.
2023 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; April 27.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 39 - Disposition Of Unclaimed Property Act › 58-3975 Application to certain intangible property originating or issued in Kansas.

58-3975.
Application to certain intangible property originating or issued in Kansas.
(a) All intangible property, including but not limited to, any interest, dividend or other earnings thereon, less any lawful charges, held by a business association, federal, state or local government or governmental subdivision, agency or entity, or any other person or entity, regardless of where the holder may be found, if the owner has not claimed or corresponded in writing concerning the property within three years after the date prescribed for payment or delivery, is presumed abandoned and subject to the custody of this state as unclaimed property if:
(1) The address of the owner is unknown; and
(2) the person or entity originating or issuing the intangible property is this state or any political subdivision of this state or is incorporated, organized, created or otherwise located in this state.
(b) The provisions of subsection (a) shall not apply to property which is or may be presumed abandoned and subject to the custody of this state pursuant to any other provision of law containing a dormancy period different from that prescribed in subsection (a).
(c) The provisions of subsection (a) shall apply to all property held at the time of enactment, or at any time thereafter, regardless of when such property became or becomes presumptively abandoned.
History:
L. 1994, ch. 8, § 42; March 3.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 39 - Disposition Of Unclaimed Property Act › 58-3976 Government agency cooperation.

58-3976.
Government agency cooperation.
Any public authority, public corporation, court or public officer of this state, or a political subdivision thereof, shall provide the administrator with such information as is necessary for carrying out the provisions of this act.
History:
L. 1994, ch. 8, § 43; March 3.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 39 - Disposition Of Unclaimed Property Act › 58-3977 Unclaimed mineral proceeds trust fund; transfers from and to state general fund; annual accounting report.

58-3977.
Unclaimed mineral proceeds trust fund; transfers from and to state general fund; annual accounting report.
(a) On the effective date of this act, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $5,000,000 from the state general fund to the unclaimed mineral proceeds trust fund which is hereby created in the state treasury. All moneys in the unclaimed mineral proceeds trust fund shall be used for the payment of mineral proceeds claims made by another state for unclaimed mineral proceeds received in fiscal year 1994 and after the effective date of this act. Upon the request of the administrator and upon approval by the state finance council acting on this matter which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c, and amendments thereto, the director of accounts and reports shall transfer an additional amount not to exceed $5,000,000 from the state general fund to the unclaimed mineral proceeds trust fund.
(b) Upon the request of the administrator, the director of accounts and reports shall make one or more transfers of moneys from the unclaimed mineral proceeds trust fund to the state general fund in such amounts and on such dates as may be requested by the administrator.
(c) The director of accounts and reports shall transfer from the unclaimed mineral proceeds trust fund to the state general fund any moneys remaining in such fund five years following the effective date of this act.
(d) The administrator shall issue an annual accounting report on the moneys paid from the unclaimed mineral proceeds trust fund for the prior fiscal year.
History:
L. 1994, ch. 8, § 44; March 3.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 39 - Disposition Of Unclaimed Property Act › 58-3978 Approval of expenditures from unclaimed property claims fund, unclaimed property expense fund and unclaimed mineral proceeds trust fund; transfer of assets and liabilities of prior funds.

58-3978.
Approval of expenditures from unclaimed property claims fund, unclaimed property expense fund and unclaimed mineral proceeds trust fund; transfer of assets and liabilities of prior funds.
(a) All expenditures from the unclaimed property claims fund, the unclaimed property expense fund and the unclaimed mineral proceeds trust fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the administrator or by a person designated by the administrator.
(b) On the effective date of this act, the director of accounts and reports shall transfer all moneys in the unclaimed property suspense fund to the unclaimed property claims fund. On the effective date of this act, the director of accounts and reports shall transfer all moneys in the unclaimed property contract fund to the unclaimed property expense fund and the unclaimed property contract fund is hereby abolished. On the effective date of this act, all liabilities of the unclaimed property suspense fund are hereby imposed on the unclaimed property claims fund and the unclaimed property suspense fund is hereby abolished.
History:
L. 1994, ch. 8, § 45; March 3.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 39 - Disposition Of Unclaimed Property Act › 58-3979 United States savings bonds; unclaimed property; escheat; procedure.

58-3979.
United States savings bonds; unclaimed property; escheat; procedure.
(a) Notwithstanding the provisions of subsection (b) of K.S.A. 58-3953, and amendments thereto, United States savings bonds which are unclaimed property and subject to the provisions of K.S.A. 58-3934 et seq., and amendments thereto, shall escheat to the state of Kansas three years after becoming unclaimed property and subject to the provisions of K.S.A. 58-3934 et seq., and amendments thereto, and all property rights to such United States savings bonds or proceeds from such bonds shall vest solely in the state of Kansas.
(b) Within 180 days after the three years in subsection (a), if no claim has been filed in accordance with the provisions of K.S.A. 58-3934 et seq., and amendments thereto, for such United States savings bonds, the administrator shall commence a civil action in the district court of Shawnee county for a determination that such United States savings bonds shall escheat to the state. The administrator may postpone the bringing of such action until sufficient United States savings bonds have accumulated in the administrators custody to justify the expense of such proceedings.
(c) If no person shall file a claim or appear at the hearing to substantiate a claim or where the court shall determine that a claimant is not entitled to the property claimed by such claimant, then the court, if satisfied by evidence that the administrator has substantially complied with the laws of this state, shall enter a judgment that the subject United States savings bonds have escheated to the state.
(d) The administrator shall redeem such United States savings bonds escheated to the state and the proceeds from such redemption of United States savings bonds shall be deposited in the state general fund in accordance with the provisions of K.S.A. 58-3956, and amendments thereto.
History:
L. 2000, ch. 125, § 1; April 27.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 39 - Disposition Of Unclaimed Property Act › 58-3980 United States savings bonds; claim for such bonds.

58-3980.
United States savings bonds; claim for such bonds.
Any person making a claim for the United States savings bonds escheated to the state under K.S.A. 58-3979, and amendments thereto, or for the proceeds from such bonds, may file a claim in accordance with the provisions of K.S.A. 58-3934, et seq., and amendments thereto. Upon providing sufficient proof the validity of such person's claim, the administrator may pay such claim in accordance with the provisions of K.S.A. 58-3934 et seq., and amendments thereto.
History:
L. 2000, ch. 125, § 2; April 27.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 40 - Museum Property › 58-4001 Citation of act.

58-4001.
Citation of act.
K.S.A. 58-4001 through 58-4013 shall be known and may be cited as the museum property act.
History:
L. 1989, ch. 120, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 40 - Museum Property › 58-4002 Definitions.

58-4002.
Definitions.
As used in K.S.A. 58-4001 through 58-4013, unless the context otherwise requires:
(a) "Claimant" means a person who files a notice of intent to preserve an interest in property on loan to a museum as provided in K.S.A. 58-4007.
(b) "Claimant's address" means the most recent address as shown on a notice of intent to preserve an interest in property on loan to a museum, or notice of change of address, which notice is on file with the museum.
(c) "Lender" means a person whose name appears on the records of the museum as the person legally entitled to property held or owing by the museum.
(d) "Lender's address" means the most recent address as shown on the museum's records pertaining to the property on loan from the lender.
(e) "Loan" means a deposit of property not accompanied by a transfer of title to the property.
(f) "Museum" means an institution which is located in this state and operated by a nonprofit corporation or a public agency, primarily for educational, scientific, historic preservation or aesthetic purposes, and which owns, borrows, cares for, exhibits, studies, archives or catalogs property. Museum includes, but is not limited to, historical societies, historic sites or landmarks, parks, monuments and libraries.
(g) "Property" means a tangible object, animate or inanimate, under a museum's care which has intrinsic historic, artistic, scientific or cultural value.
(h) "Restricted certified mail" means certified mail which carries on its face, in a conspicuous place where it will not be obliterated, the endorsement "deliver to addressee only" and for which the post office provides the mailer with a return receipt showing the date of delivery, the place of delivery and person to whom delivered.
(i) "Undocumented property" means property in the possession of a museum for which the museum cannot determine by reference to the museum's records the property's owner.
History:
L. 1989, ch. 120, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 40 - Museum Property › 58-4003 Notices; required information; certified mail; publication.

58-4003.
Notices; required information; certified mail; publication.
(a) In addition to any other information prescribed for a particular notice, all notices given pursuant to this act shall contain the following information:
(1) The lender's name, or the claimant's name, as appropriate;
(2) the lender's last known address, or the claimant's last known address, as appropriate;
(3) a brief description of the property on loan;
(4) the date of the loan, if known;
(5) the name of the museum; and
(6) the name, address and telephone number of the appropriate person or office to be contacted regarding the property.
(b) All notices given by a museum pursuant to this act shall be mailed to the lender's, and any claimant's, last known address by restricted certified mail. Notice is deemed given if the museum receives proof of receipt within 30 days after mailing the notice.
(c) If the museum does not know the identity of the lender, or does not have an address or telephone number for the lender, or if proof of receipt is not received by the museum within 30 days after mailing a notice under subsection (b), notice is deemed given if the museum publishes notice at least once a week for three consecutive weeks in a newspaper or newspapers having circulation in both the county where the museum is located and the county of the lender's or claimant's address, if any, and having the qualifications to publish legal notices pursuant to K.S.A. 64-101 and amendments thereto.
History:
L. 1989, ch. 120, § 3; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 40 - Museum Property › 58-4004 Authority to apply conservation measures or dispose of property on loan; effect.

58-4004.
Authority to apply conservation measures or dispose of property on loan; effect.
(a) Unless there is a written loan agreement to the contrary, a museum may apply conservation measures to or dispose of property on loan to the museum without the lender's or claimant's permission, or formal notice, if:
(1) Immediate action is required to protect the property on loan or other property in the custody of the museum or the property on loan is a hazard to the health and safety of the public or the museum staff; and
(2) any of the following apply:
(A) The museum is unable to reach the lender or claimant at the lender's or claimant's last known address or phone number, if action is to be taken within more than three days but less than one week from the time the museum determined action was necessary;
(B) the museum is unable to reach the lender or claimant at the lender's or claimant's last known phone number prior to taking action, if the action is to be taken within three days or less from the time the museum determined action was necessary; or
(C) the lender or claimant does not respond or will not agree to the protective measures the museum recommends, yet is unwilling or unable to terminate the loan and retrieve the property.
(b) If a museum applies conservation measures to or disposes of property under this section, or with the agreement of the lender and claimants unless the agreement provides otherwise, the museum:
(1) Has a lien on the property and on the proceeds of any disposition of the property for the costs incurred by the museum; and
(2) is not liable for injury to or loss of the property if the museum:
(A) Had a reasonable belief at the time the action was taken that the action was necessary to protect the property on loan or other property in the custody of the museum or that the property on loan was a hazard to the health and safety of the public or the museum staff; and
(B) exercised reasonable care in the choice and application of conservation measures.
History:
L. 1989, ch. 120, § 4; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 40 - Museum Property › 58-4005 Loaned property; acquisition of title.

58-4005.
Loaned property; acquisition of title.
(a) A museum may acquire title to loaned property pursuant to this section. A museum may give notice of termination of a loan of property at any time if either of the following apply:
(1) The property was loaned to the museum for an indefinite term; or
(2) the property was loaned to the museum for a specified term, and that term has expired.
(b) If the lender or claimant does not respond to the notice of termination provided under subsection (a) within 90 days by filing a notice of intent to preserve an interest in property on loan, the museum acquires title to the property.
(c) A notice of intent to terminate a loan must include a statement containing substantially the following information:
"The records of (name of museum) indicate that you have property on loan to it. The institution wishes to terminate the loan. You must contact the institution, establish your ownership of the property pursuant to K.S.A. 58-4007 and make arrangements to collect the property. If you fail to do so promptly, you will be considered to have donated the property to the institution."
History:
L. 1989, ch. 120, § 5; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 40 - Museum Property › 58-4006 Undocumented property; acquisition of title.

58-4006.
Undocumented property; acquisition of title.
(a) A museum may acquire title to undocumented property held by a museum for seven years or longer with no valid claim or written contact by any person, all verifiable through the museum's written records, by giving notice of acquisition of title to undocumented property.
(b) If a lender or claimant does not respond to the notice provided in subsection (a) within one year by filing a notice of intent to retain an interest in property on loan, the museum's title to the property becomes uncontestable under K.S.A. 58-4008.
(c) A notice of acquisition of title must include a statement containing substantially the following information:
"The records of (name of museum) fail to indicate the owner of record of certain property in its possession. The museum intends to acquire title to the following property: (general description of the property). If you claim ownership or other legal interest in this property you must contact the institution, establish your ownership of the property pursuant to K.S.A. 58-4007 and make arrangements to collect the property. If you fail to do so promptly, you will be considered to have waived any claim you may have had to the property."
History:
L. 1989, ch. 120, § 6; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 40 - Museum Property › 58-4007 Preservation of interest in loaned property; notice, contents.

58-4007.
Preservation of interest in loaned property; notice, contents.
(a) A notice of intent to preserve an interest in property on loan to a museum filed pursuant to this act shall be in writing and contain all of the following information:
(1) A description of the property adequate to enable the museum to identify the property;
(2) documentation sufficient to establish the claimant as owner of the property;
(3) a statement attesting to the truth, to the best of the signer's knowledge, of all information included in or with the notice; and
(4) the signature, under penalty of perjury, of the claimant or a person authorized to act on behalf of the claimant.
(b) The museum need not retain a notice which does not meet the requirements set forth in subsection (a). If, however, the museum does not intend to retain a notice for this reason, the museum shall promptly notify the claimant at the address given on the notice that the museum believes the notice is ineffective to preserve an interest, and the reasons for the insufficiency. The fact that a museum retains a notice under K.S.A. 58-4011 does not mean that the museum accepts the sufficiency or accuracy of the notice or that the notice is effective to preserve an interest in property on loan to the museum.
(c) A museum shall provide a form for notice of intent to preserve an interest in property on loan to the museum. The form shall satisfy the requirements of subsection (a) and shall notify the claimant of the rights and procedures to preserve an interest in museum property. The form shall also facilitate recordkeeping and record retrieval by a museum. At a minimum the form shall provide a place for recording evidence of receipt of a notice by the museum, including the date of receipt, signature of the person receiving the notice and the date on which a copy of the receipt is returned to the claimant.
History:
L. 1989, ch. 120, § 7; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 40 - Museum Property › 58-4008 Limitations on certain actions regarding loaned property; exceptions; nonliability for returning property.

58-4008.
Limitations on certain actions regarding loaned property; exceptions; nonliability for returning property.
On and after July 1, 1990:
(a) An action shall not be brought against a museum for damages because of injury to or loss of property loaned to the museum more than three years from the date the museum gives the lender or claimant notice of the injury or loss or 10 years from the date of the injury or loss, whichever occurs earlier.
(b) An action shall not be brought against a museum to recover property on loan more than one year from the date the museum gives the lender or claimant notice of its intent to terminate the loan or notice of acquisition of title to undocumented property.
(c) An action shall not be brought against a museum to recover property on loan more than seven years from the date of the last written contact between the lender or claimant and the museum as evidenced by the museum's records.
(d) A lender or claimant is considered to have donated loaned property to the museum if the lender fails to file an action to recover the property on loan to the museum within the periods specified in subsections (a) through (c).
(e) Notwithstanding subsections (c) and (d), a lender or claimant who was not given notice as provided in this act that the museum intended to terminate a loan, as provided in K.S.A. 58-4005, and who proves that the museum received an adequate notice of intent to preserve an interest in loaned property, which satisfies all of the requirements of K.S.A. 58-4007, within the seven years immediately preceding the filing of an action to recover the property, may recover the property or, if the property has been disposed of, the reasonable value of the property at the time it was disposed of plus interest at the legal rate.
(f) A museum is not liable at any time, in the absence of a court order, for returning property to the original lender, even if a claimant other than the lender has filed a notice of intent to preserve an interest in property. If persons claim competing interests in property in the possession of a museum, the burden is upon the claimants to prove their interests in an action in equity initiated by a claimant. A museum is not liable at any time for returning property to an uncontested claimant who produced reasonable proof of ownership pursuant to K.S.A. 58-4007.
History:
L. 1989, ch. 120, § 8; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 40 - Museum Property › 58-4009 Museum obligations to lender or claimant.

58-4009.
Museum obligations to lender or claimant.
In order to take title pursuant to this act, a museum has the following obligations to a lender or claimant:
(a) The museum shall retain all written records regarding the property for at least three years from the date of taking title pursuant to this act.
(b) The museum shall keep written records on all loaned property acquired pursuant to K.S.A. 58-4005. Records shall contain the following information:
(1) The lender's name, address and phone number;
(2) the claimant's name, address and phone number;
(3) the nature and terms of the loan; and
(4) the beginning date of the loan period, if known.
(c) A museum accepting a loan of property on or after January 1, 1990, shall inform the lender in writing at the time of the loan of the provisions of this act. A copy of the form notice prescribed in K.S.A. 58-4007, or a citation to this act, is adequate for this purpose.
(d) The museum is responsible for notifying a lender or claimant of the museum's change of address or dissolution.
History:
L. 1989, ch. 120, § 9; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 40 - Museum Property › 58-4010 Property records; retention period.

58-4010.
Property records; retention period.
On or after January 1, 1990, a museum shall at minimum maintain and retain the following records, either originals or accurate copies, for a period of not less than 25 years:
(a) A notice of intent to preserve an interest in property;
(b) the loan agreement, if any;
(c) a receipt or ledger for property delivered to an owner or claimant;
(d) records containing the following information, as available, for property in the museum's possession:
(1) The lender's name, address and phone number;
(2) the claimant's name, address and phone number;
(3) the donor's name, address and phone number;
(4) the seller's name, address and phone number;
(5) the nature and terms of the transaction (loan for specified term, loan for unspecified term, donation, purchase, etc.); and
(6) the beginning date of the loan period or transaction date.
History:
L. 1989, ch. 120, § 10; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 40 - Museum Property › 58-4011 Property lender or claimant; required notices.

58-4011.
Property lender or claimant; required notices.
(a) The lender or claimant of property on loan to a museum shall notify the museum of a change of address or change in ownership of the property. Failure to notify the museum of these changes may result in the lender's or claimant's loss of rights in the property.
(b) The lender or claimant of property on loan to a museum may file with the museum a notice of intent to preserve an interest in the property as provided for in K.S.A. 58-4007. The filing of a notice of intent to preserve an interest in property on loan to a museum does not validate or make enforceable any claim which would be extinguished under the terms of a written agreement, or which would otherwise be invalid or unenforceable.
History:
L. 1989, ch. 120, § 11; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 40 - Museum Property › 58-4012 Act exclusive procedure for museums; exception, state historical society.

58-4012.
Act exclusive procedure for museums; exception, state historical society.
(a) The state historical society and its institutions and libraries may, at its option, acquire title to property pursuant to the provisions of this act or pursuant to the provisions of K.S.A. 33-104 and amendments thereto.
(b) Museums, other than the state historical society and its institutions and libraries, may acquire title to loaned property only as provided by this act.
History:
L. 1989, ch. 120, § 12; July 1.