Senate Substitute for HB 2212 by Committee on Judiciary - Authorizing the governor to make a declaration of need for enhanced public safety and security for an extraordinary event and providing certain powers to the governor during a period of such declaration.

2025-2026 Regular Session

Raises the inmate administrative payout cap from $500 to $750 for negligence claims; adds required notice for claims over $750, while preserving Joint Committee review.

Approved by Governor on Friday, April 3, 2026

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Main purpose

HB 2212 amends K.S.A. 46-920 to increase the maximum amount the Secretary of Corrections may pay an inmate administratively for personal injury or personal property damage or loss caused by negligence, and to add a notice requirement for larger claims. The change is intended to expand the Secretary’s authority to settle small inmate claims administratively and to clarify notice procedures for claims above that threshold.

Key provisions

Raises the Secretary’s administrative reimbursement cap from $500 to $750.

Requires an inmate who has a claim exceeding $750 to provide the Secretary with notice that includes the nature of the claim and the time, date, and place of the incident.

Makes explicit that failure to provide the foregoing notice does not prevent the Joint Committee on Special Claims Against the State from considering the inmate’s claim.

Retains existing statutory provisions authorizing the Secretary to credit payments to an inmate’s institutional account and provisions requiring setoff of court-ordered restitution from any settlement or award (subsections concerning withdrawals/setoffs remain in place).

The bill, as amended by the Senate Committee on Judiciary, is to take effect upon publication in the Kansas Register.

Who is affected

Inmates in facilities under the jurisdiction of the Kansas Secretary of Corrections (claimants for injury, damage, or loss allegedly caused by state negligence).

The Kansas Department of Corrections (administrative processing of claims).

The Joint Committee on Special Claims Against the State (retains jurisdiction to consider claims, including those for which notice was not provided).

Courts and victims insofar as setoff provisions for restitution continue to apply to settlement proceeds.

Fiscal/procedural impact and timeline

Fiscal note (Division of the Budget, Feb. 10, 2025): the Department of Corrections indicates no fiscal effect. DOC anticipates the higher cap could lead to more claims being settled administratively by the agency but would not change the overall number or total value of claims paid.

Key procedural dates: introduced Jan. 29, 2025 (House Committee on Judiciary at Representative Humphries’ request); committee hearings Feb.–Mar. 2025; House passage reported Feb. 19, 2025 (111–8); Committee Report recommending passage as amended (Mar. 7, 2025). The Senate Judiciary Committee adopted an amendment making the act effective upon publication in the Kansas Register.

Notes

Under current practice (prior to this amendment) inmates typically must be denied reimbursement by the Secretary for claims up to the administrative cap before filing with the Joint Committee; claims above the cap could be filed directly with the Joint Committee. HB 2212 raises that administrative cap to $750 and adds the informational notice requirement for larger claims, while preserving Joint Committee consideration regardless of notice.

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