History: L. 1970, ch. 200, § 1; Repealed, L. 1979, ch. 186, § 33; July 1.
History: L. 1970, ch. 200, § 2; L. 1978, ch. 202, § 1; Repealed, L. 1979, ch. 186, § 33; July 1.
History: L. 1978, ch. 202, § 2; Repealed, L. 1979, ch. 186, § 33; July 1.
History: L. 1970, ch. 200, § 3; L. 1979, ch. 186, § 23; July 1.
History: L. 1970, ch. 200, § 4; L. 1971, ch. 184, § 27; Repealed, L. 1975, ch. 275, § 4 March 15.
History: L. 1970, ch. 200, § 5; Repealed, L. 1975, ch. 275, § 4; March 15.
History: L. 1970, ch. 200, § 6; L. 1971, ch. 184, § 28; Repealed, L. 1975, ch. 275, § 4; March 15.
History: L. 1970, ch. 200, § 7; L. 1975, ch. 275, § 1; L. 1978, ch. 203, § 2; May 11.
History: L. 1970, ch. 200, § 8; L. 1974, ch. 219, § 1; Repealed, L. 1975, ch. 275, § 4; March 15.
History: L. 1970, ch. 200, § 9; Repealed, L. 1975, ch. 275, § 4; March 15.
History: L. 1970, ch. 200, § 10; L. 1971, ch. 184, § 29; Repealed, L. 1975, ch. 275, § 4; March 15.
History: L. 1970, ch. 200, § 11; March 26.
The provisions of article 12 of chapter 46 of the Kansas Statutes Annotated, and amendments thereto, applicable to special committees shall apply to the joint committee on special claims against the state to the extent the same do not conflict with the specific provisions of this act applicable to such committee.
History: L. 1978, ch. 203, § 1; L. 1985, ch. 178, § 1; L. 1987, ch. 196, § 3; Feb. 19.
(1) The name and address of the claimant; the name and address of the claimant's principal, if the claimant is acting in a representative capacity; and the name and address of the claimant's attorney, if the claimant is so represented;
(2) A concise statement of the basis of the claim (including the date, time, place and circumstances of the act or event complained of, if applicable);
(3) a statement itemizing the amount claimed; and
(4) any other pertinent information requested by the joint committee.
(b) Upon the filing of a claim, the joint committee shall inform the claimant in writing of any additional information it will require in order to take action upon the claim.
(c) No claim based upon a canceled state warrant shall be considered by the joint committee if such claim is filed more than five years after the date the warrant originally was issued.
History: L. 1978, ch. 203, § 3; L. 1994, ch. 274, § 2; July 1.
(b) The joint committee shall not be bound by the strict rules of evidence, except when specifically required by its rules but shall admit all testimony having reasonable probative value, and shall conduct all hearings in a fair and impartial manner, giving full opportunity for presentation of evidence and argument.
(c) All officers and employees of the state shall provide such information and assistance as may be deemed necessary by the joint committee in the investigation and determination of claims filed under the provisions of this act.
History: L. 1978, ch. 203, § 4; May 11.
History: L. 1978, ch. 203, § 5; L. 1987, ch. 196, § 4; Feb. 19.
History: L. 1978, ch. 203, § 6; May 11.
History: L. 1978, ch. 203, § 7; May 11.
History: L. 1978, ch. 203, § 8; May 11.
History: L. 1978, ch. 203, § 9; May 11.
(b) When an inmate owes an outstanding unpaid amount of restitution ordered by a court pursuant to K.S.A. 21-4603, 21-4603d or 21-4610, and amendments thereto, the secretary of corrections shall withdraw from the inmate's trust account as a set-off:
(1) Money received by the inmate from the state as a settlement of a claim against the state through the joint committee on special claims against the state which is otherwise specifically approved for payment by appropriation act of the legislature, or which is approved through the department of corrections internal claims procedure under this section; or
(2) money received by the inmate from the state as the result of a settlement or a final judgment in a civil action in which the state of Kansas or an employee of the department of corrections was a named defendant and the state was found to be liable.
(c) When an inmate on post release, parole or conditional release supervision owes an outstanding unpaid amount of restitution ordered by a court pursuant to K.S.A. 21-4603, 21-4603d or 21-4610 and amendments thereto, the state shall setoff the unpaid restitution from:
(1) Money payable to the inmate from the state as a settlement of a claim against the state through the joint committee against the state which is specifically approved for payment by appropriation act of the legislature or which is approved through the department of corrections under this section; or
(2) money payable to the inmate from the state as a result of a settlement or final judgment in a civil action in which the state of Kansas or an employee of the department of corrections was a named defendant and the state was found to be liable.
(d) Vouchers certifying the amount to be setoff under subsection (c) for the outstanding unpaid restitution and any balance remaining payable to the inmate shall be prepared and submitted to the director of accounts and reports of the department of administration.
(e) When more than one state court order of restitution is outstanding and unpaid, moneys shall be applied to and paid for the restitution orders in accordance with this section in the order in which the final judgment orders were entered.
(f) Moneys collected for payment towards outstanding unpaid restitution in accordance with this section shall be forwarded to the appropriate clerk of the district court for disbursement.
History: L. 1980, ch. 254, § 1; L. 1982, ch. 220, § 1; L. 1988, ch. 183, § 1; L. 1996, ch. 108, § 1; July 1.
History: L. 1980, ch. 254, § 2; L. 1983, ch. 53, § 2; L. 1990, ch. 318, § 1; L. 2005, ch. 44, § 1; July 1.
(b) The head of any state agency is authorized to make payment to the officers or employees of such state agency for property damage or loss occurring while that officer or employee is acting within the scope of such office or employment if such property loss or damage, in the opinion of the state agency head, did not occur as a result of negligence of the claimant.
(c) Except as otherwise provided by this section, the head of any state agency is authorized to make payment to any other person for personal injury or property damage or loss occurring under circumstances which establish, in the state agency head's opinion, that such damage or loss was caused by the negligence of the state or any agency, officer or employee thereof. The secretary of social and rehabilitation services is authorized to make payment from funds appropriated to the secretary for the homemaker program to any person for personal injury or property damage or loss caused by an act of a homemaker employed by the secretary.
(d) Except as otherwise provided by this section, no payment shall be made under this section on any claim for an amount in excess of $1,000 or in any amount on a claim by a person who is an insurer and who is making the claim as a subrogee for all or part of any amount paid to such person's insured.
(e) The vice-chancellor of the university of Kansas medical center is authorized to make payment in an amount of not more than $2,500 to any other person for a claim made against the hospital of the university of Kansas medical center for personal injury or property damage or loss occurring under circumstances which establish, in the vice-chancellor's opinion, that (1) such damage or loss was caused by the negligence of the hospital of the university of Kansas medical center or any officer or employee thereof or (2) that such damage or loss occurred at the hospital of the university of Kansas medical center and it is in the best interests of such hospital to make such payment. No payment shall be made under this subsection in any amount on a claim by a person who is an insurer and who is making the claim as a subrogee for all or part of any amount paid to such person's insured.
(f) No payment shall be made under this section for any loss sustained to a state employee's personal conveyance, or any related expense, when the conveyance was used on official state business.
(g) The superintendent of the Kansas highway patrol is authorized to make payment in an amount of not more than $2,500 to any other person for a claim made against the Kansas highway patrol for personal injury or property damage or loss occurring under circumstances which establish, in the superintendent's opinion, that such damage or loss occurred during law enforcement efforts by the Kansas highway patrol to persons who were not negligent during such effort. No information filed pursuant to this subsection, testimony or evidence presented to the Kansas highway patrol, or determination, finding or recommendation of the superintendent shall be admissible in any subsequent civil or criminal proceeding. The Kansas highway patrol is authorized to adopt rules and regulations to implement this subsection.
History: L. 1980, ch. 254, § 3; L. 1983, ch. 175, § 1; L. 1984, ch. 190, § 1; L. 1988, ch. 183, § 2; L. 1992, ch. 149, § 1; L. 1994, ch. 274, § 3; L. 2006, ch. 129, § 2; Apr. 27.
History: L. 1980, ch. 254, § 4; L. 2004, ch. 62, § 1; July 1.
History: L. 1980, ch. 254, § 5; L. 1994, ch. 274, § 4; July 1.
History: L. 1980, ch. 254, § 6; L. 1987, ch. 196, § 5; L. 2002, ch. 151, § 9; July 1.