SESSION OF 2023
SUPPLEMENTAL NOTE ON SENATE BILL NO. 42
As Recommended by Senate Committee on
Ways and Means

Brief*
SB 42 would authorize expenditures of $22,983 from
existing resources in FY 2023 to pay the following claims
against the State:
● $300 from the El Dorado Correctional Facility for
an inmate’s property that went missing when the
claimant’s cell was left unsecured;
● $29 from the El Dorado Correctional Facility for an
inmate’s damaged radio;
● $36 from the El Dorado Correctional Facility for the
loss of an inmate’s property when the claimant was
moved to another unit;
● $23 from the El Dorado Correctional Facility for an
inmate’s missing necklace;
● $21 from the Ellsworth Correctional Facility for two
claims involving the lost property of an inmate;
● $59 from the Hutchinson Correctional Facility for
an inmate’s food items that were destroyed by
staff;
● $108 from the Hutchinson Correctional Facility for
loss of an inmate’s property when the claimant was
transferred to another correctional facility;
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
● $50 from the Hutchinson Correctional Facility for a
law book wrongfully confiscated by staff;
● $250 from the Lansing Correctional Facility for an
inmate’s property that was lost when the claimant
was moved to another unit;
● $315 from the Lansing Correctional Facility for
unpaid restitution owed to the claimant;
● $50 from Norton Correctional Facility for repair of a
damaged electronic music player;
● $680 from the Larned State Hospital for destruction
of a former resident’s personal property;
● $592 from the Adjutant General’s Department for
damages sustained by the claimant’s vehicle when
it was struck by an agency maintenance truck;
● $5,714 from the Adjutant General’s Department for
damages sustained by the claimant’s vehicle from
a malfunctioning security gate at a state facility;
● $1,607 from the Kansas Bureau of Investigation for
damages sustained by the claimant’s rental
property as a result of a fugitive standoff;
● $4,072 from the Department of Administration for
damages sustained by the claimant’s vehicle from
a malfunctioning security gate at a state parking
garage;
● $1,989 from the Department of Administration for
damages sustained by the claimant’s vehicle from
a malfunctioning security gate at a state parking
garage; and
● $7,087 in motor fuel tax refund claims. Refunds are
allowed for taxes paid on fuel used for school
buses and off-highway uses including farming.
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 These refunds go through the claims process if not
filed in a timely manner.
The bill would be in effect upon publication in the
Kansas Register.

Background
The bill was introduced by the Joint Committee on
Special Claims Against the State (Joint Committee) on
January 18, 2023.
During the 2022 Interim, the Joint Committee met four
times and, excluding motor vehicle fuel tax refunds, heard 80
claims, of which 59 claims, or 73.8 percent, were filed against
the Department of Corrections or specific correctional
facilities. Of the 80 claims heard, the Joint Committee
recommended payment for 18 claims.

Senate Committee on Ways and Means
In the Senate Committee hearing on January 31, 2023,
no testimony was provided.
Appropriations; special claims; state agencies


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Statutes affected:
H Sub for: 2-223, 12-1775a, 12-5256, 65-180, 74-50, 74-8711, 74-8793, 74-99b34, 75-2263, 75-6707, 76-775, 76-7, 79-2959, 79-2964, 79-3425i, 79-34, 79-4804
{As Amended by House Committee of the Whole}: 2-223, 12-1775a, 12-5256, 65-180, 74-50, 74-8711, 74-8793, 74-99b34, 75-2263, 75-6707, 76-775, 76-7, 79-2959, 79-2964, 79-3425i, 79-34, 79-4804
Enrolled: 65-6209, 80-2506, 65-6208
{As Further Amended by House Committee of the Whole}: 65-6209, 80-2506, 65-6208