Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 larry.campbell@ks.gov
Topeka, KS 66612 Division of the Budget http://budget.kansas.gov
Larry L. Campbell, Director Laura Kelly, Governor


January 31, 2019


The Honorable Rick Wilborn, Chairperson
Senate Committee on Judiciary
Statehouse, Room 541-E
Topeka, Kansas 66612
Dear Senator Wilborn:
SUBJECT: Fiscal Note for SB 46 by Senate Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning SB 46 is
respectfully submitted to your committee.
SB 46 would amend current law regarding pawnbrokers and precious metal dealers by
providing that pawnbrokers, along with precious metal dealers, must require sellers to show proof
of identification and provide a signed statement attesting that they are the legal owner of the
property. SB 46 would also amend the procedures for returning converted or stolen property as
follows:
1. The claimant must provide a written demand, copy of the police report regarding any stolen
items, and an affidavit with certain information;
2. The pawnbroker or dealer must return the property in the presence of a law enforcement
officer within seven days of the demand unless there is reasonable belief that the demand
was false including notice from the police chief or sheriff;
3. If the pawnbroker or dealer refuses to return the property, the claimant would be allowed
to bring a legal action; and
4. A pawnbroker or dealer who returns an item based on false information would be allowed
to bring a legal action.
The bill would also add the pledger or seller as a third party to any action. The bill would
include definitions for act, claimant, law enforcement officer and misappropriated.
The Honorable Rick Wilborn, Chairperson
Page 2—SB 46

SB 46 has the potential for increasing litigation in the courts; as a result, the Office of
Judicial Administration indicates that there would be a fiscal effect on the operations of the court
system. However, it is not possible to estimate the number of additional court cases that would
arise or how complex and time-consuming the cases would be. The fiscal effect would most likely
be negligible and could be accommodated within the existing budget resources. Any fiscal effect
associated with SB 46 is not reflected in The FY 2020 Governor’s Budget Report.


Sincerely,

Larry L. Campbell
Director of the Budget


cc: Janie Harris, Judiciary
Chardae Caine, League of Municipalities
Jay Hall, Association of Counties


Statutes affected:
As introduced: 16-706, 16-720