§523A-14 Claim of another state to recover property. (a) Subject to the period of limitation set forth in section 523A-19(c), after property has been paid or delivered to the administrator under this part, another state may recover the property if:
(1) The property was paid or delivered to the custody of this State because the records of the holder did not reflect 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 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 the laws of the other state did not provide for the escheat or custodial taking of the property, and under the laws of that state subsequently enacted the property has escheated 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 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 under section 523A-5(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; or
(5) The property is a sum payable on a traveler's check, money order, or similar instrument that was purchased in the other state and delivered into the custody of this State under section 523A-5(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) A 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 ninety days after it is presented. The administrator shall allow the claim upon determining that the other state is entitled to the abandoned property under subsection (a).
(c) The administrator shall require another state, before recovering property under this section, to agree to indemnify this State and its officers and employees against any liability on a claim to the property. [L 2008, c 55, pt of §1; am L 2014, c 184, §1]
Structure Hawaii Revised Statutes
523A-1 to 523A-41 REPEALED. §523A-1 Short title.
523A-3 Presumptions of abandonment.
523A-3.5 Gift certificates and gift cards.
523A-4 Contents of safe deposit box or other safekeeping depository.
523A-5 Rules of taking custody.
523A-7 Burden of proof as to property evidenced by record of check or draft.
523A-8 Report of abandoned property.
523A-9 Payment or delivery of abandoned property.
523A-10 Notice and publication of lists of abandoned property.
523A-11 Custody by State; recovery by holder; defense of holder.
523A-12 Crediting of dividends, interest, and increments to owner's account.
523A-13 Public sale of abandoned property.
523A-14 Claim of another state to recover property.
523A-15 Filing claim with administrator; handling of claims by administrator.
523A-16 Action to establish claim.
523A-17 Election to take payment or delivery.
523A-19 Periods of limitation.
523A-20 Requests for reports and examination of records.
523A-23 Interstate agreements and cooperation; joint and reciprocal actions with other states.
523A-24 Interest and penalties.
523A-25 Agreement to locate property.
523A-28 Transitional provisions.
523A-30 Uniformity of application and construction.
523A-51 Declaration of policy.
523A-53 Unclaimed property subject to delivery to State; presumptions.
523A-54 Request by director of finance for report of previously unreported information.
523A-55 Agreement for State's payment of share of costs.
523A-57 State's right unaffected by expiration of time for proceeding.
523A-59 Notice of proceedings.
523A-60 Answer; disposition of funds on deposit; dismissal without prejudice.
523A-62 Request for delivery or payment of unclaimed property described in judgment; receipts.
523A-63 Disposition of property received.
523A-64 Undertaking to hold the United States harmless; intervention by state attorney general.