As Amended by Senate Committee
Session of 2000
SENATE BILL No. 505
By Committee on Judiciary
1-27
11 AN ACT
concerning crime victims restitution; relating to compensation;
12 amending K.S.A.
19-4804 and K.S.A. 1999 Supp. 19-101a and
repeal-
13 ing the existing
sections; also repealing K.S.A. 1999 Supp.
19-101j.
14
section.
15
16 Be it enacted by the Legislature of the
State of Kansas:
17 Section
1. K.S.A. 1999 Supp. 19-101a is hereby amended to read
as
18 follows: 19-101a. (a) The board of
county commissioners may transact all
19 county business and perform all
powers of local legislation and adminis-
20 tration it deems appropriate,
subject only to the following limitations,
21 restrictions or
prohibitions:
22
(1) Counties shall be subject to all acts of the legislature
which apply
23 uniformly to all
counties.
24
(2) Counties may not consolidate or alter county
boundaries.
25
(3) Counties may not affect the courts located
therein.
26
(4) Counties shall be subject to acts of the legislature
prescribing
27 limits of
indebtedness.
28 (5) In
the exercise of powers of local legislation and
administration
29 authorized under provisions of this
section, the home rule power con-
30 ferred on cities to determine their
local affairs and government shall not
31 be superseded or impaired without
the consent of the governing body of
32 each city within a county which may
be affected.
33
(6) Counties may not legislate on social welfare administered
under
34 state law enacted pursuant to or in
conformity with public law No. 271--
35 74th congress, or amendments
thereof.
36
(7) Counties shall be subject to all acts of the legislature
concerning
37 elections, election commissioners
and officers and their duties as such
38 officers and the election of county
officers.
39
(8) Counties shall be subject to the limitations and
prohibitions im-
40 posed under K.S.A. 12-187 to
12-195, inclusive, and amendments thereto,
41 prescribing limitations upon the
levy of retailers' sales taxes by counties.
42
(9) Counties may not exempt from or effect changes in statutes
made
43 nonuniform in application solely by
reason of authorizing exceptions for
2
1 counties having adopted a
charter for county government.
2
(10) No county may levy ad valorem taxes under the authority
of this
3 section upon real property
located within any redevelopment area estab-
4 lished under the authority of
K.S.A. 12-1772, and amendments thereto,
5 unless the resolution
authorizing the same specifically authorized a por-
6 tion of the proceeds of such
levy to be used to pay the principal of and
7 interest upon bonds issued by
a city under the authority of K.S.A. 12-
8 1774, and amendments
thereto.
9
(11) Counties shall have no power under this section to exempt
from
10 any statute authorizing or
requiring the levy of taxes and providing sub-
11 stitute and additional provisions
on the same subject, unless the resolution
12 authorizing the same specifically
provides for a portion of the proceeds
13 of such levy to be used to pay a
portion of the principal and interest on
14 bonds issued by cities under the
authority of K.S.A. 12-1774, and amend-
15 ments thereto.
16
(12) Counties may not exempt from or effect changes in the
provi-
17 sions of K.S.A. 19-4601 to 19-4625,
inclusive, and amendments thereto.
18
(13) Except as otherwise specifically authorized by K.S.A.
12-1,101
19 to 12-1,109, inclusive, and
amendments thereto, counties may not levy
20 and collect taxes on incomes from
whatever source derived.
21
(14) Counties may not exempt from or effect changes in K.S.A.
19-
22 430, and amendments
thereto. Any charter resolution adopted by
a
23 county prior to July 1, 1983,
exempting from or effecting changes in
24 K.S.A. 19-430, and amendments
thereto, is null and void.
25
(15) Counties may not exempt from or effect changes in
K.S.A. 19-
26 302, 19-502b, 19-503, 19-805 or
19-1202, and amendments thereto.
27 (16)
(A) Counties may not exempt from or effect changes in
K.S.A.
28 13-13a26, and amendments
thereto. Any charter resolution adopted by
a
29 county, prior to the effective date
of this act, exempting from or effecting
30 changes in K.S.A. 13-13a26, and
amendments thereto, is null and void.
31 (B) This
provision shall expire on June 30, 2003.
32 (17)
(A) Counties may not exempt from or effect changes in
K.S.A.
33 71-301, and amendments
thereto. Any charter resolution adopted by
a
34 county, prior to the effective date
of this act, exempting from or effecting
35 changes in K.S.A. 71-301, and
amendments thereto, is null and void.
36 (B) This
provision shall expire on June 30, 2003.
37
(18) Counties may not exempt from or effect changes in K.S.A.
19-
38 15,139, 19-15,140 and 19-15,141,
and amendments thereto. Any charter
39 resolution adopted by a county
prior to the effective date of this act,
40 exempting from or effecting changes
in such sections is null and void.
41
(19) Counties may not exempt from or effect changes in the
provi-
42 sions of K.S.A. 12-1223, 12-1225,
12-1225a, 12-1225b, 12-1225c and 12-
43 1226, and amendments thereto, or
the provisions of K.S.A. 1999 Supp.
3
1 12-1260 to 12-1270,
inclusive, and amendments thereto, and 12-1276,
2 and amendments
thereto.
3
(20) Counties may not exempt from or effect changes in the
provi-
4 sions of K.S.A. 19-211, and
amendments thereto.
5
(21) Counties may not exempt from or effect changes in the
provi-
6 sions of K.S.A. 19-4001 to
19-4015, inclusive, and amendments thereto.
7
(22) Counties may not regulate the production or drilling of
any oil
8 or gas well in any manner
which would result in the duplication of reg-
9 ulation by the state
corporation commission and the Kansas department
10 of health and environment pursuant
to chapter 55 and chapter 65 of the
11 Kansas Statutes Annotated and any
rules and regulations adopted pur-
12 suant thereto. Counties may not
require any license or permit for the
13 drilling or production of oil and
gas wells. Counties may not impose any
14 fee or charge for the drilling or
production of any oil or gas well.
15
(23) Counties may not exempt from or effect changes in K.S.A.
79-
16 41a04, and amendments
thereto.
17
(24) Counties may not exempt from or effect changes in K.S.A.
79-
18 1611, and amendments
thereto.
19
(25) Counties may not exempt from or effect changes in K.S.A.
79-
20 1494, and amendments
thereto.
21
(26) Counties may not exempt from or effect changes in
subsection
22 (b) of K.S.A. 19-202, and
amendments thereto.
23
(27) Counties may not exempt from or effect changes in
subsection
24 (b) of K.S.A. 2-1915, 19-204, and
amendments thereto.
25
(28) Counties may not levy or impose an excise, severance or
any
26 other tax in the nature of an
excise tax upon the physical severance and
27 production of any mineral or other
material from the earth or water. Any
28 resolution adopted by any county
prior to the effective date of this act
29 imposing or levying any such tax is
null and void.
30
(29) Counties may not exempt from or effect changes in
K.S.A. 79-
31 2017 or 79-2101, and amendments
thereto. Any charter resolution
32 adopted prior to the effective date
of this act, which affected the provi-
33 sions of K.S.A. 79-2017 or 79-2101,
and amendments thereto, is hereby
34 declared to be null and
void.
35
(30) Counties may not exempt from or effect changes in
K.S.A. 2-
36 1915, 2-3302, 2-3305, 2-3307,
17-5904, 17-5908, 47-1219, 65-171d,
74-
37 5065, 74-5066, 74-8902, 74-8905 and
79-32,117, and 65-171d and K.S.A.
38 1999 Supp. 65-1,178 through
65-1,198, 2-3318, 79-32,204, 65-1,199
and
39 17-5909 and amendments thereto or
revivers thereof 17-5909 and 65-
40 1,178 through 65-1,199, and
amendments thereto.
41
(31) Counties may not exempt from or effect changes
in K.S.A. 1999
42 Supp. 80-121 and amendments
thereto.
43
(32) Counties may not exempt from or effect changes in K.S.A.
19-
4
1 4804, and amendments
thereto.
2
(b) Counties shall apply the powers of local
legislation granted in
3 subsection (a) by resolution
of the board of county commissioners. If no
4 statutory authority exists
for such local legislation other than that set forth
5 in subsection (a) and the
local legislation proposed under the authority
6 of such subsection is not
contrary to any act of the legislature, such local
7 legislation shall become
effective upon passage of a resolution of the
8 board and publication in the
official county newspaper. If the legislation
9 proposed by the board under
authority of subsection (a) is contrary to an
10 act of the legislature which is
applicable to the particular county but not
11 uniformly applicable to all
counties, such legislation shall become effec-
12 tive by passage of a charter
resolution in the manner provided in K.S.A.
13 19-101b, and amendments
thereto.
14
(c) Any resolution adopted by a county which
conflicts with the re-
15 strictions of subsection (a) is
null and void.
16 Sec.
2 Section 1. K.S.A. 19-4804 is hereby
amended to read as fol-
17 lows: 19-4804. (a) An application for
compensation shall be made in the
18 manner and form prescribed by the state
crime victims compensation
19 board. A victim may seek compensation under
this act whether or not an
20 offender has been charged with the crime
which results in the victim's
21 loss.
22 (b) Compensation
may not be awarded unless the crime has been
23 reported to an appropriate law enforcement
agency within 72 hours after
24 its discovery and the claim has been filed
with the local board within 60
25 days after the filing of such report,
unless the local board finds there was
26 good cause for the failure to report such
crime within the time required.
27 (c) Compensation
may not be awarded to a victim who was the of-
28 fender or an accomplice of the offender and
may not be awarded to
29 another person if the award would unjustly
benefit the offender or
30 accomplice.
31 (d) Compensation
may not be awarded unless the local board finds
32 the victim has fully cooperated with
appropriate law enforcement agen-
33 cies. The local board may deny, withdraw or
reduce an award of com-
34 pensation for noncooperativeness.
35 (e) Compensation
otherwise payable to a victim shall be diminished:
36 (1) To the
extent, if any, that the economic loss upon which the vic-
37 tim's claim is based is recouped from other
persons, including collateral
38 sources; or
39 (2) to the extent
a local board deems reasonable because of the con-
40 tributory misconduct of the victim.
41 (f) Compensation
may be awarded only if the local board finds a gen-
42 uine need is present.
43 (g) No
compensation payment may exceed $250 $500
if the property
5
1 crime results in a felony charge. If
the crime is committed by a juvenile,
2 whether this subsection applies shall
be determined on the basis of
3 whether a felony would be charged had
the offender been an adult.
4 (h) No
compensation payment may exceed $150 $250
if the property
5 crime results in a misdemeanor or
traffic charge. If the crime is commit-
6 ted by a juvenile, whether this
subsection applies shall be determined on
7 the basis of whether a misdemeanor
would be charged had the offender
8 been an adult. If the original crime
charged was a felony and through
9 plea negotiations the adult or
juvenile offender is charged with and pleads
10 guilty or nolo contendere to a
misdemeanor, in the discretion of the local
11 board, subsection (g) limits may
apply to the compensation payment.
12 (i) If
extraordinary circumstances are present and subject to the
13 requirements imposed by subsection (c) of
K.S.A. 19-4803 and amend-
14 ments thereto, the local board may
exceed the amounts in subsections (g)
15 and (h).
16 (j) Compensation
for work loss or personal injury due to criminally
17 injurious conduct shall be governed by
K.S.A. 74-7301 et seq. and amend-
18 ments thereto, and rules and regulations
promulgated by the state crime
19 victims compensation board for that
purpose. No local board may dupli-
20 cate compensation for criminally injurious
conduct through payments un-
21 der this act.
22 (k) The local
board may determine a floor amount of compensation
23 which would be administratively wasteful.
Once such an amount is chosen
24 it shall be made public and must be
uniformly applied to all persons filing
25 claims with the local board.
26 (l) The local
board may provide written policy for the handling of an
27 expedited claims process where prompt
assistance and payment of serv-
28 ices needed to repair property damage is
needed to thwart the possibility
29 of the onset of illness or disease to the
victim or victim's family, and where
30 the victim has no other means of paying for
such services.
31 (m) No award made
pursuant to this act shall be subject to execution,
32 attachment, garnishment or other legal
process, except that an award for
33 allowable expenses shall not be exempt from
a claim of a creditor to the
34 extent the creditor has provided products,
services or accommodations
35 the costs of which are included in the
payment made pursuant to this act.
36 (n) No assignment
or agreement to assign any right to compensation
37 for loss under this act shall be
enforceable in this state.
38 (o) No local fund
shall pay any single individual or such individual's
39 immediate family member compensation on
more than two claims within
40 a given fiscal year.
41
(p) Except as provided further,
no claim shall be paid from the local
42 fund to any corporation,
partnership or other business entity or govern-
43 mental entity.
In a county having a population of less than 10,000, a
claim
6
1 may be paid from the local
fund to any corporation, partnership or other
2 business entity or
governmental entity provided such fund does not
con-
3 tain moneys from the state
crime victims assistance fund, crime victims
4 compensation fund or from
any taxing authority.
5
(q) No claim shall be allowed unless the
crime charged is pursuant
6 to article 37 of chapter 21 of Kansas
Statutes Annotated or similar crimes
7 in county or municipal penal codes.
If the crime charged is pursuant to
8 K.S.A. 21-3707, 21-3708, 21-3722,
21-3725, 21-3734, 21-3736, 21-3737,
9 21-3739, 21-3748, 21-3749, 21-3750,
21-3753, 21-3754 and 21-3756 and
10 amendments thereto, no claim for
compensation under this act shall be
11 allowed. In addition to claims that may be
made for criminally injurious
12 conduct with the state crime victims
compensation board, a claim for
13 compensation for property damage may be
allowed under this act for
14 crimes charged under K.S.A. 21-3418,
21-3426 or 21-3427 and amend-
15 ments thereto.
16 (r)
(q) Payment or payments made from a local fund
under this act
17 shall not limit, impair or preclude the
ability of a court or the parole board
18 to order restitution, and prescribe the
manner and conditions of payment
19 of restitution, as allowed by
law.
20 Sec. 3
2. K.S.A. 19-4804 and K.S.A. 1999 Supp.
19-101a and 19-101j
21 are is
hereby repealed.
22 Sec. 4
3. This act shall take effect and be in force
from and after its
23 publication in the statute book.