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


February 22, 2019


The Honorable Fred Patton, Chairperson
House Committee on Judiciary
Statehouse, Room 519-N
Topeka, Kansas 66612
Dear Representative Patton:
SUBJECT: Fiscal Note for HB 2193 by House Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2193 is
respectfully submitted to your committee.
HB 2193 would amend the Kansas Standard Asset Seizure and Forfeiture Act to provide
that when a person from whose possession or control property was seized under this Act is charged
with a criminal offense related to the conduct or offense giving rise to forfeiture under this Act,
and the person is either acquitted of the criminal charge or the criminal charge is dismissed, the
property seized would be returned to the person in the same condition as when it was seized.
The Office of Judicial Administration indicates enactment of HB 2193 would have a
negligible fiscal effect on the operations of the Judicial Branch.
The Office of the Attorney General indicates enactment of HB 2193 would have a
negligible fiscal effect on agency operations.
The Kansas Highway Patrol indicates enactment of HB 2193 would not allow the agency
to go forward with a civil case, if a criminal case is pending and the agency would be required to
maintain the seized property. For a worst-case scenario, the agency indicates it could be holding
property for years, until all appeals have been exhausted. The agency states it would need to store
the seized property, which could result in space and funding issues. The Patrol indicates if it had
to store a vehicle, then the agency would have to perform regular maintenance and store the vehicle
out of the weather, or the agency states it could be liable for damage. Any fiscal effect associated
with HB 2193 is not reflected in The FY 2020 Governor’s Budget Report.
The Honorable Fred Patton, Chairperson
Page 2—HB 2193

Both the Kansas Association of Counties and the League of Kansas Municipalities indicate
that local governments may currently pursue civil forfeiture cases regardless of the outcome of a
criminal case. Local governments could experience a decrease in federal forfeiture revenues if a
criminal case is dismissed or if the person is acquitted. However, a fiscal effect on local
governments cannot be estimated because it is unknown how many cases enactment of HB 2193
would affect.


Sincerely,

Larry L. Campbell
Director of the Budget


cc: Janie Harris, Judiciary
Jay Hall, Association of Counties
Willie Prescott, Office of the Attorney General
Sherry Macke, Highway Patrol
Paul Weisgerber, KBI
Chardae Caine, League of Municipalities


Statutes affected:
As introduced: 60-4112, 60-4117, 65-7014