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Minutes for HB2582 - Committee on Appropriations
Short Title
Claims against the state.
Minutes Content for Wed, Apr 4, 2018
Chairman Waymaster opened discussion on the bill.
Dylan Dear, Legislative Research Department, provided background and updated information on Claimant Barbara Reece (Attachment 2). He stated that upon further review of the statutes, related to seizure of property, the Kansas Highway Patrol would have received 80 percent of the value of the property seized and the federal government would have retained 20 percent. The committee approved awarding the claimant 20 percent of the value of the property, which was based on the inaccurate interpretation of the statute.
Dylan Dear responded to questions from committee members. He stated that Ms. Reece claimed the amount seized was $17,660. The Wyandotte County Court records reflect $15,200 and the federal forfeiture record 95DA319479, dated February 2, 1996, reflects an amount of $14,936.
Committee members received information on the Barbara Reese's claim and the Statute of Limitations (Att. 2). Dylan Dear reviewed the House Report No. 106-192 from the Federal Committee on Judiciary in 1999. He stated that there were no records located to indicate that Ms. Reese contested, filed additional claims for this property, or that a settlement was awarded. A prior claim was filed by Barbara Reese in the 1980's for injuries to her thumb while at the Lansing Correctional Facility.
Chairman Waymaster welcomed Mark Bruce, Superintendent, Kansas Highway Patrol, to the committee. Mark Bruce stated that as Superintendent of the Kansas Highway Patrol, it was his duty to defend the honor of the Highway Patrol and the image of the agency, and provide protection for the citizens served. He provided non-confidential background information on Barbara Reese, and reviewed the incident surrounding the seizure of her property. The agency requested that the committee oppose awarding any money to Ms. Reese, regarding her claim.
Mark Bruce responded to questions from committee members. He stated that he has been in attendance during the hearing on the bill. A copy of the Wyandotte County Court judge's letter authorizing the award to Ms. Reese is available, and will be provided, as requested by Representative Ralph. There were no charges filed against Ms. Reese, he responded. The case as closed on August 26, 1996, and the forfeiture of funds was received by the Kansas Highway Patrol on August, 29, 1996 in the amount of $11,833.60.
Representative Alcala emphasized that this issue with this claim relates to the process by which the money was seized, and the numerous attempt to resolve this issue.
Representative Alcala made a motion to award Barbara Reese $11,948 for this claim. Representative Helgerson seconded the motion.
Discussion followed by committee members regarding the amount equal to 80 percent of the money seized that was sent to the Kansas Highway Patrol by the federal government.
Representative Alcala amended the motion to award Barbara Reese $11,833.60, which would be paid by the State Highway Fund. The amendment was at the approval of the second to the motion. Motion passed.
Chairman Waymaster made a motion for a technical amendment regarding line 8 of the bill which reflects the correct address of 3144 Highway 159. Representative Helgerson seconded the motion. Motion passed.
Representative Landwehr made a motion to approve HB 2582 favorable for passage as amended. Representative Wolfe Moore seconded the motion. Motion passed.
Meeting adjourned at: 10:09 a.m.
