58-3965. Enforcement.
58-3965
58-3965. Enforcement.(a) The administrator, for and on behalf of this state, maycommencean action in a district court of Kansas:
(1) For an adjudication that certain property is unclaimed andpayable or distributable to the administrator;
(2) to compel presentation of a report or payment ordistribution of property to the administrator;
(3) to enforce the duty of a person to permit the examination oraudit of the records of that person;
(4) to enjoin any act that violates the public policy orprovisions 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 followingsituations:
(1) The holder is a person domiciled in this state or is agovernmental entity of this state;
(2) the holder is a person engaged in or transacting anybusiness in this state, although not domiciled in this state; or
(3) the subject matter is tangible personal property held in thisstate.
(c) The administrator, for and on behalf of this state, may commence anaction against the United States government or any agency or subdivisionthereof for an adjudication that the proceeds of United States savings bondssubject to the provisions of K.S.A. 58-3934, et seq., and amendmentsthereto, are payable to theadministrator.
(d) In a situation where no district court in this statecan obtainjurisdiction over the person involved, the administrator may commencesuch an action in a federal court or state court of another statehaving jurisdiction over that person.
(e) The administrator shall be deemed an indispensableparty to anyjudicial or administrative proceedings concerning the disposition andhandling of unclaimed property that is or may be payable ordistributable into the protective custody of the administrator.The administrator shall have a right to intervene and participate inany judicial or administrative proceeding when to do so will be in thebest interest of this state, the apparent owner or the unclaimedproperty or to conserve and safeguard the unclaimed property againstdissipation, undue diminishment or adverse discriminatory treatment.
History: L. 1994, ch. 8, § 32;L. 2000, ch. 125, § 8; Apr. 27.