Session of 1999
SENATE BILL No. 1
By Senator Becker
11-16
9 AN ACT concerning unclaimed property; amending K.S.A. 58-3936 and
10 K.S.A. 1998 Supp. 58-3950 and repealing the existing sections.
11
12 Be it enacted by the Legislature of the State of Kansas:
13 Section 1. K.S.A. 58-3936 is hereby amended to read as follows: 58-
14 3936. Unless otherwise provided in this act or by other statute of this
15 state, intangible property which is required to be reported pursuant to
16 K.S.A. 58-3950 and amendments thereto is subject to the custody of this
17 state as unclaimed property if the conditions raising a presumption of
18 abandonment under K.S.A. 58-3935 and 58-3938 through 58-3949, and
19 amendments thereto, are satisfied and:
20 (a) The last known address, as shown on the records of the holder,
21 of the apparent owner is in this state;
22 (b) the records of the holder do not reflect the identity of the person
23 entitled to the property and it is established that the last known address
24 of the person entitled to the property is in this state;
25 (c) the records of the holder do not reflect the last known address of
26 the apparent owner, and it is established that:
27 (1) The last known address of the person entitled to the property is
28 in this state; or
29 (2) the holder is a domiciliary or a government or governmental sub-
30 division or agency of this state and has not previously paid or delivered
31 the property to the state of the last known address of the apparent owner
32 or other person entitled to the property;
33 (d) the last known address, as shown on the records of the holder, of
34 the apparent owner is in a state that does not provide by law for the
35 escheat or custodial taking of the property or its escheat or unclaimed
36 property law is not applicable to the property and the holder is a domi-
37 ciliary or a government or governmental subdivision or agency of this
38 state;
39 (e) the last known address, as shown on the records of the holder, of
40 the apparent owner is in a foreign nation and the holder is a domiciliary
41 or a government or governmental subdivision or agency of this state; or
42 (f) the transaction out of which the property arose occurred in this
43 state:
44 (1) (A) The last known address of the apparent owner or other per-
45 son entitled to the property is unknown; or
46 (B) the last known address of the apparent owner or other person
47 entitled to the property is in a state that does not provide by law for the
48 escheat or custodial taking of the property or its escheat or unclaimed
49 property law is not applicable to the property; and
50 (2) the holder is a domiciliary of a state that does not provide by law
51 for the escheat or custodial taking of the property or its escheat or un-
52 claimed property law is not applicable to the property.
53 Sec. 2. K.S.A. 1998 Supp. 58-3950 is hereby amended to read as
54 follows: 58-3950. (a) A person holding property tangible or intangible,
55 presumed abandoned and subject to custody as unclaimed property under
56 this act shall report to the administrator concerning the property as pro-
57 vided in this section.
58 (b) The report shall be verified and shall include:
59 (1) Except with respect to travelers checks and money orders, the
60 name, if known, and last known address, if any, of each person appearing
61 from the records of the holder to be the owner of property of the value
62 of $100 or more presumed abandoned under this act;
63 (2) in the case of unclaimed funds of $100 or more held or owing
64 under any life or endowment insurance policy or annuity contract, the
65 full name and last known address of the insured or annuitant and of the
66 beneficiary according to the records of the insurance company holding
67 or owing the funds;
68 (3) in the case of the contents of a safe deposit box or other safe-
69 keeping repository or of other tangible property, a description of the
70 property and any amounts owing to the holder;
71 (4) the nature and identifying number, if any, or description of the
72 property and the amount appearing from the records to be due, but items
73 of value under $100 each shall be reported in the aggregate;
74 (5) the date the property became payable, demandable or returnable
75 and the date of the last transaction with the apparent owner with respect
76 to the property; and
77 (6) other information the administrator prescribes by rules and reg-
78 ulations as necessary for the administration of this act.
79 (c) If the person holding property presumed abandoned and subject
80 to custody as unclaimed property is a successor to other persons who
81 previously held the property for the apparent owner or the holder has
82 changed names while holding the property, the holder shall file with the
83 report all the known names and addresses for each previous holder of the
84 property.
85 (d) The report shall be filed before November 1 of each year as of
86 June 30 next preceding, but the report of any life insurance company shall
87 be filed before May 1 of each year as of December 31 next preceding.
88 On written request by any person required to file a report, the adminis-
89 trator may postpone the reporting date.
90 (e) Not more than 120 days before filing the report required by this
91 section and no later than 60 days before filing the report required by this
92 section, the holder in possession of property presumed abandoned and
93 subject to custody as unclaimed property under this act shall send written
94 notice to the apparent owner's last known address informing the apparent
95 owner that the holder is in possession of property subject to this act if:
96 (1) The claim of the apparent owner is not barred by the statute of
97 limitations; and
98 (2) the property has a value of $100 or more, or is reported under
99 K.S.A. 58-3943 or 58-3949 and amendments thereto.
100 (f) The written notice shall also contain the following:
101 (1) Nature and identifying number, if any, or description of the funds
102 or other property; and
103 (2) the amount appearing on the records of the holder to be due the
104 apparent owner.
105 (g) If the holder is not a life insurance company, the written notice
106 shall set forth an additional statement that the funds or other property
107 will be reported as unclaimed property to the state treasurer of Kansas
108 no later than November 1 of the current year.
109 (h) If the holder is a life insurance company, the written notice shall
110 set forth an additional statement that the funds or other property will be
111 reported as unclaimed property to the state treasurer of Kansas no later
112 than May 1 of the current year.
113 (i) Notwithstanding the provisions of subsection (b) of this section, no
114 person shall be required to file a report for any item of intangible property
115 having a value of less than $500.
116 Sec. 3. K.S.A. 58-3936 and K.S.A. 1998 Supp. 58-3950 are hereby
117 repealed.
118 Sec. 4. This act shall take effect and be in force from and after its
119 publication in the statute book.