44-316. Claim of another state to recover property

A. After property has been paid or delivered to the department pursuant to this chapter, another state may recover the property if any of the following applies:

1. The property was paid or delivered to the custody of this state because the records of the holder did not indicate a last known location of the apparent owner within the borders of the other state and the other state establishes that the apparent owner or other person who is entitled to the property was last known to be located within the borders of that state and under the laws of that state the property has escheated or become subject to a claim of abandonment by that state.

2. The property was paid or delivered to the custody of this state because at the time of the payment or delivery the laws of the other state did not provide for the escheat or custodial taking of the property, but after the payment or delivery the other state enacts laws that cause the property to escheat or become subject to a claim of abandonment by that state.

3. The records of the holder did not accurately identify the owner of the property and the last known location of the owner within the borders of another state and under the laws of that state the property has escheated or become subject to a claim of abandonment by that state.

4. The property was subjected to custody by this state pursuant to section 44-304, paragraph 6 and under the laws of the state of domicile of the holder the property has escheated or become subject to a claim of abandonment by that state.

5. The property is a sum that is payable on a traveler's check, money order or similar instrument that was purchased in the other state and delivered to the custody of this state pursuant to section 44-304, paragraph 7 and under the laws of the other state the property has escheated or become subject to a claim of abandonment by that state.

B. In order to file a claim to recover escheated or abandoned property, another state shall present the claim in a form prescribed by the department. The department shall decide the claim within ninety days after the claim is presented. The department shall allow the claim on determining that the other state is entitled to the abandoned property pursuant to subsection A of this section.

C. Before recovering property under this section, the department shall require the other state to agree to indemnify this state and its officers and employees against any liability on a claim to the property.