[§523A-64]  Undertaking to hold the United
States harmless; intervention by state attorney general.  (a)  Upon the
payment and delivery of property to the director, the State assumes custody and
responsibility for the safekeeping of the property.  An officer, department or
agency of the United States who pays or delivers property to the director in
good faith is relieved of all liability to the extent of the value of the
property paid or delivered for any claim then existing or which thereafter may
arise or be made in respect to such property.



(b)  The State hereby undertakes to hold the
United States harmless against any claim concerning property delivered to the
custody of the State in accordance with the provisions of this part.  In the
event an action or proceeding on such claim is brought against the United
States the attorney general shall intervene therein upon receipt of actual
notice thereof.  The State consents to suit by such claimant in such event and
any defense in favor of the United States shall be available to and urged by
the State.



(c)  If an officer, department, or agency of
the United States pays or delivers property to the director in good faith and
thereafter another person claims the property from such officer, department, or
agency, or another state claims the property under its laws relating to escheat
or abandoned or unclaimed property, the director, upon written notice of the
claim, shall defend such officer, department, or agency against the claim and
indemnify such officer, department, or agency against any liability on the
claim.



(d)  For the purposes of this section
"good faith" means that:



(1)  Payment or delivery was made in a reasonable
attempt to comply with this part; and



(2)  The person paying or delivering the property had
a reasonable basis for believing, based on the facts then known to the person,
that the property was abandoned or unclaimed for the purposes of this part.



(e)  If, and as often as may be, required by
federal statute, the governor shall certify to the Comptroller General or other
proper officer of the United States that the law of this State provides
effective means whereby the United States shall be held harmless in the event
of claim for property delivered to this State in accordance with the provisions
of this part. [L 1988, c 93, pt of §2]