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April 25, 2019
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Minutes for HB2582 - Committee on Appropriations

Short Title

Claims against the state.

Minutes Content for Thu, Mar 22, 2018

Chairman Waymaster opened discussion on the bill.

David Weise, Office of the Revisor of Statutes, provided an overview of a technical amendments to the bill (Attachment 1)

Chairman Waymaster made a motion to approve the technical amendments of HB 2852. Representative Proehl seconded the motion.

Dylan Dear responded to questions from committee members.  He stated that it is not uncommon for inmates to move between facilities, which resulted in the change of location for facilities lost property claim.

Chairman Waymaster renewed the motion.  Motion passed.

Representative Alcala reviewed an amendment regarding money improperly seized from the claimant, Barbara Reese, (Attachment 2).

Representative Alcala made a motion for an amendment to reimburse Barbara Reese $15,660 for money seized by the Highway Patrol during a routine check, as was the amount awarded by the judge.  Representative Helgerson seconded the motion.

Chairman Waymaster stated that additional information was requested last fall, regarding this claim, which has been compiled by the Legislative Research Department

Dylan Dear, Legislative Research Department, provided an overview of Claim #6735, Barbara Reese (Attachment 3)

Chairman Waymaster stated that the court order  from 1996, ordered the Kansas Highway Patrol to return $15,660 to Ms. Reese.  A subsequent letter from 1998 from the same judge stated that the money seized was turned over to the federal government and that her recourse would be to seek the return of this money from the federal government.  Ms. Reese did not appear for the hearing  and due to the time lapsed the Joint Committee on special claims denied the claim and Ms. Reese did not refile with the Joint Committee.  Ms. Reese's claims have been amended into appropriations bills twice and stricken twice. A copy of the judge's ruling from the Wyandotte County District Court was distributed to committee members (Attachment 4).

Representative Alcala provided information on the filing and details surrounding Ms. Reece's claim.  Lengthy discussion followed by committee members on the circumstances involved with Ms. Reece's claim.  In response to questions from committee members, Dylan Dear stated that $14,936 was sent to the federal government, and the judge awarded $15,200 to the claimant.  The Highway Patrol would receive a 20 percent distribution from the federal government at the end of the year, which would have been approximately $3,040.   Discussion continued by committee members regarding the claim.

Representative Claeys made a substitute motion to award Ms. Reece $3,040.  Representative Williams seconded the motion.

Discussion continued by committee members regarding the substitute motion.

Representative Claeys added to the substitute motion that these funds would come from the Forfeiture Fund, as was approved by the second to the motion.

Discussion continued by committee members regarding the procedure for claiming forfeiture of property.  Dylan Dear stated that there is a federal forfeiture site for all federal agencies on the internet.  He noted that the statute of limitations is three years, and has long run out on this claim.  He added the the claim was in 1995 and the judge's ruling was not issued until 1998.

Representative Claeys renewed the substitute motion.  Motion passed.

Representative Wolfe Moore reviewed an amendment for the reimbursement of payment to Martin Griffey from Emporia State University (Attachment 5).

Representative Wolfe Moore made a motion for an amendment that would reimburse Martin Griffey on behalf of his son Connor Griffey $1,257.32 for personal property damage  Representative Helgerson seconded the motion.  Motion passed.

Representative Hoffman made a motion for favorable passage of HB 2582 as amended.  Representative Claeys seconded the motion.  Motion passed.

Meeting adjourned at:  10:00 a.m.