SENATE BILL No. 137
AN ACT concerning the Kansas standard asset seizure and forfeiture act; relating to the
disposition of forfeited property; authorizing the sale or transfer of forfeited firearms
to a licensed federal firearms dealer; amending K.S.A. 2024 Supp. 60-4117 and
repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2024 Supp. 60-4117 is hereby amended to read
as follows: 60-4117. Except as provided in K.S.A. 65-7014, and
amendments thereto: (a) When property is forfeited under this act, the
law enforcement agency may:
(1) Retain such property for official use or transfer the custody or
ownership to any local or state agency, subject to any lien preserved by
the court;
(2) transfer the custody or ownership to any federal agency if
authorized pursuant to K.S.A. 60-4107, and amendments thereto;
(3) destroy or use for investigative or training purposes, any illegal
or controlled substances and equipment or other contraband, provided
that materials necessary as evidence shall be preserved;
(4) sell property which is not required by law to be destroyed and
which is not harmful to the public:
(A) All property, except real property, designated by the seizing
agency to be sold shall be sold at public sale to the highest bidder for
cash without appraisal. The seizing agency shall first cause notice of
the sale to be made by publication at least once in an official county
newspaper as defined by K.S.A. 64-101, and amendments thereto. Such
notice shall include the time, place, and conditions of the sale and
description of the property to be sold. Nothing in this subsection shall
prevent a state agency from using the state surplus property system and
such system's procedures shall be sufficient to meet the requirements of
this subsection.
(B) Real property may be sold pursuant to subsection (a)(3)(A), or
the seizing agency may contract with a real estate company, licensed in
this state, to list, advertise and sell such real property in a commercially
reasonable manner.
(C) No employee or public official of any agency involved in the
investigation, seizure or forfeiture of seized property may purchase or
attempt to purchase such property; or
(5) salvage the property, subject to any lien preserved by the court.
(b) When firearms are forfeited under this act, the firearms, in the
discretion of the seizing agency, shall be destroyed, used within the
seizing agency for official purposes, traded to another law enforcement
agency for use within such agency, sold or transferred to a properly
licensed federal firearms dealer or given to the Kansas bureau of
investigation for law enforcement, testing, comparison or destruction
by the Kansas bureau of investigation forensic laboratory.
(c) The proceeds of any sale shall be distributed in the following
order of priority:
(1) For satisfaction of any court preserved security interest or lien,
or in the case of a violation, as defined by K.S.A. 60-4104(i), and
amendments thereto, the proceeds shall be remitted to the state
treasurer in accordance with the provisions of K.S.A. 75-4215, and
amendments thereto. Upon receipt of such remittance, the state
treasurer shall deposit the entire amount into the state treasury to the
credit of the medicaid fraud reimbursement fund;
(2) thereafter, for payment of all proper expenses of the
proceedings for forfeiture and disposition, including expenses of
seizure, inventory, appraisal, maintenance of custody, preservation of
availability, advertising, service of process, sale and court costs;
(3) reasonable attorney fees:
(A) If the plaintiff's attorney is a county or district attorney, an SENATE BILL No. 137—page 2
assistant, or another governmental agency's attorney, fees shall not
exceed 15% of the total proceeds, less the amounts of subsection (c)(1)
and (2), in an uncontested forfeiture nor 20% of the total proceeds, less
the amounts of subsection (c)(1) and (2), in a contested forfeiture. Such
fees shall be deposited in the county or city treasury and credited to the
special prosecutor's trust fund. Moneys in such fund shall not be
considered a source of revenue to meet normal operating expenditures,
including salary enhancement. Such fund shall be expended by the
county or district attorney, or other governmental agency's attorney
through the normal county or city appropriation system and shall be
used for such additional law enforcement and prosecutorial purposes as
the county or district attorney or other governmental agency's attorney
deems appropriate, including educational purposes. All moneys derived
from past or pending forfeitures shall be expended pursuant to this act.
The board of county commissioners shall provide adequate funding to
the county or district attorney's office to enable such office to enforce
this act. Neither future forfeitures nor the proceeds therefrom shall be
used in planning or adopting a county or district attorney's budget;
(B) if the plaintiff's attorney is the attorney general and the
conduct and offense giving rise to forfeiture is pursuant to K.S.A. 60-
4104(i), and amendments thereto, fees shall not exceed 15% of the total
proceeds, less the amounts of subsection (c)(1) and (2) in an
uncontested forfeiture nor 20% of the total proceeds, less the amounts
of subsection (c)(1) and (2) in a contested forfeiture. Such fees shall be
remitted to the state treasurer in accordance with the provisions of
K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
remittance, the state treasurer shall deposit the entire amount in the
state treasury to the credit of the medicaid fraud prosecution revolving
fund. Moneys paid into the medicaid fraud prosecution revolving fund
pursuant to this subsection shall be appropriated to the attorney general
for use by the attorney general in the investigation and prosecution of
medicaid fraud and abuse; or
(C) if the plaintiff's attorney is a private attorney, such reasonable
fees shall be negotiated by the employing law enforcement agency;
(4) repayment of law enforcement funds expended in purchasing
of contraband or controlled substances, subject to any interagency
agreement.
(d) Any proceeds remaining shall be credited as follows, subject to
any interagency agreement:
(1) If the law enforcement agency is a state agency, the entire
amount shall be deposited in the state treasury and credited to such
agency's state forfeiture fund. There is hereby established in the state
treasury the following state funds: Kansas bureau of investigation state
forfeiture fund, Kansas attorney general's state medicaid fraud
forfeiture fund, Kansas highway patrol state forfeiture fund, Kansas
department of corrections state forfeiture fund and Kansas national
guard counter drug state forfeiture fund. Expenditures from the Kansas
bureau of investigation state forfeiture fund shall be made upon
warrants of the director of accounts and reports issued pursuant to
vouchers approved by the attorney general or by a person or persons
designated by the attorney general. Expenditures from the Kansas
attorney general's state medicaid fraud forfeiture fund shall be made
upon warrants of the director of accounts and reports issued pursuant to
vouchers approved by the attorney general or by a person or persons
designated by the attorney general. Expenditures from the Kansas
highway patrol state forfeiture fund shall be made upon warrants of the
director of accounts and reports issued pursuant to vouchers approved
by the superintendent of the highway patrol or by a person or persons
designated by the superintendent. Expenditures from the Kansas SENATE BILL No. 137—page 3
department of corrections state forfeiture fund shall be made upon
warrants of the director of accounts and reports issued pursuant to
vouchers approved by the secretary of the department of corrections or
by a person or persons designated by the secretary. Expenditures from
the Kansas national guard counter drug state forfeiture fund shall be
made upon warrants of the director of accounts and reports issued
pursuant to vouchers approved by the adjutant general of Kansas or by
a person or persons designated by the adjutant general.
(2) If the law enforcement agency is a city or county agency, the
entire amount shall be deposited in such city or county treasury and
credited to a special law enforcement trust fund.
(e) (1) Moneys in the Kansas bureau of investigation state
forfeiture fund, Kansas highway patrol state forfeiture fund, Kansas
department of corrections state forfeiture fund, the special law
enforcement trust funds and the Kansas national guard counter drug
state forfeiture fund shall not be considered a source of revenue to meet
normal operating expenses. Such funds shall be expended by the
agencies or departments through the normal city, county or state
appropriation system and shall be used for such special, additional law
enforcement purposes specified in subsection (e)(2) as the law
enforcement agency head deems appropriate. Neither future forfeitures
nor the proceeds from such forfeitures shall be used in planning or
adopting a law enforcement agency's budget.
(2) Moneys in the funds described in subsection (e)(1) shall be
used only for the following special, additional law enforcement
purposes:
(A) The support of investigations and operations that further the
law enforcement agency's goals or missions;
(B) the training of investigators, prosecutors and sworn and non-
sworn law enforcement personnel in any area that is necessary to
perform official law enforcement duties;
(C) the costs associated with the purchase, lease, construction,
expansion, improvement or operation of law enforcement or detention
facilities used or managed by the recipient agency;
(D) the costs associated with the purchase, lease, maintenance or
operation of law enforcement equipment for use by law enforcement
personnel that supports law enforcement activities;
(E) the costs associated with the purchase of multi-use equipment
and operations used by both law enforcement and non-law enforcement
personnel;
(F) the costs associated with a contract for a specific service that
supports or enhances law enforcement;
(G) the costs associated with travel and transportation to perform
or in support of law enforcement duties and activities;
(H) the costs associated with the purchase of plaques and
certificates for law enforcement personnel in recognition of a law
enforcement achievement, activity or training;
(I) the costs associated with conducting awareness programs by
law enforcement agencies;
(J) the costs associated with paying a state or local law
enforcement agency's matching contribution or share in a state or
federal grant program for items other than salaries;
(K) cash transfers from one state or local law enforcement agency
to another in support of the law enforcement agency's goals or
missions;
(L) transfers from a state or local law enforcement agency to a
state, county or local governmental agency or community non-profit
organization in support of the law enforcement agency's goals or
missions; and SENATE BILL No. 137—page 4
(M) payment of attorney fees, litigation costs and interest ordered
by a court pursuant to K.S.A. 60-4116, and amendments thereto.
(3) Moneys in the funds described in subsection (e)(1) shall be
separated and accounted for in a manner that allows accurate tracking
and reporting of deposits and expenditures of the following categories
of money:
(A) Proceeds from forfeiture credited to the fund pursuant to this
section;
(B) proceeds from pending forfeiture actions under this act; and
(C) proceeds from forfeiture actions under federal law.
(f) Moneys in the Kansas attorney general's medicaid fraud
forfeiture fund shall defray costs of the attorney general in connection
with the duties of investigating and prosecuting medicaid fraud and
abuse.
Sec. 2. K.S.A. 2024 Supp. 60-4117 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
_________________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE ________________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED ____________________________
_________________________
Governor.