January 20, 1994

ATTORNEY GENERAL OPINION NO. 94- 4

Brent Bengtson, Director

Governor's Office of Drug Abuse Programs

112 Landon State Office Building

900 Jackson

Topeka, Kansas 66612-1220

Re:	Public Health--Controlled Substances; Forfeitures; Procedure--Forfeitures of Property Under K.S.A. 65-4135 or 65-4156; State Special Asset Forfeiture Fund; Authorized Expenditures; Use for Matching Funds

Synopsis:	Moneys in local special law enforcement trust funds or the state special asset forfeiture fund may be used to provide matching funds to obtain federal grants for law enforcement purposes, as long as such use does not replace or reduce amounts previously budgeted or appropriated by the local or state government for that purpose. Cited herein: K.S.A. 65-4173.

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Dear Mr. Bengston:

You request our opinion regarding the provisions of K.S.A. 65-4173 relative to the authorized uses of moneys in local special law enforcement trust funds and the state special asset forfeiture fund. As we understand it, your question is whether K.S.A. 65-4173 would permit such moneys to be used as matching funds for a federal grant for closed circuit televising of testimony of abused children.

K.S.A. 65-4173 sets forth restrictions on disposition of property and money obtained through forfeiture pursuant to the provisions of K.S.A. 65-4135 or 65-4156. The purpose for forfeiture statutes generally is to provide a mechanism whereby the law enforcement agency that incurred costs in preparing a case for prosecution and forfeiture proceedings may recoup those costs, and to provide law enforcement agencies with additional incentives to pursue certain types of cases. See Attorney General Opinion No. 93-106. K.S.A. 65-4173 provides in part:

"(c) Moneys in the special law enforcement trust fund in the county or city treasury shall be expended only upon appropriation to the sheriff's office or police department, by the respective board of county commissioners or governing body of the city, to defray the costs of protracted or complex investigations, to provide additional technical equipment or expertise, to provide matching funds to obtain federal grants or for such other law enforcement purposes as the respective board of county commissioners or governing body of the city deems appropriate and shall not be considered a source of revenue to meet normal operating expenses.

"(d) . . . Such proceeds or money [in the state special asset forfeiture fund] may be expended by the agency originating the forfeiture to defray the costs of protracted or complex investigations, to provide additional technical equipment or expertise, to provide matching funds to obtain federal grants or for such other law enforcement purposes as the attorney general deems appropriate but shall not be considered a source of revenue to meet normal operating expenses. . . ." Emphasis added.

While forfeitures under the provisions of K.S.A. 65-4171 et seq. are obtained through arrests and prosecutions for drug offenses, the authorized uses of the proceeds of a forfeiture as listed in K.S.A. 65-4173 are not limited to use in drug cases. Clearly such moneys may be used to provide matching funds to obtain federal grants for law enforcement purposes. The only exception to this authorized use is that the moneys may not replace or reduce established appropriations for the same purpose. See Attorney General Opinions No. 93-106, 93-112. It is therefore our opinion that moneys in a local special law enforcement trust fund or the state special asset forfeiture fund may be used as matching funds for a federal grant for closed circuit televising of testimony of abused children as long as such moneys do not supplant established appropriations for that purpose.

Very truly yours,

ROBERT T. STEPHAN

Attorney General of Kansas

Julene L. Miller

Deputy Attorney General

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