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75-765. Fraud and abuse criminal prosecution fund; deposits and expenditures. (a) There is hereby established in the state treasury the fraud and abuse criminal prosecution fund which shall be administered by the attorney general. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the attorney general or the attorney general's designee. All moneys credited to the fraud and abuse criminal prosecution fund shall be expended for the prevention and detection of fraud and abuse and for support of criminal investigations and prosecutions within the jurisdiction of the attorney general. In expending moneys from the fund, the attorney general shall give priority to criminal cases referred to the attorney general for investigation or prosecution by or pursuant to:

(1) The office of the securities commissioner of Kansas, established by K.S.A. 75-6301, and amendments thereto;

(2) the criminal anti-fraud division of the department of insurance, established by K.S.A. 40-113, and amendments thereto; and

(3) the abuse, neglect and exploitation unit established by K.S.A. 75-723, and amendments thereto.

(b) On July 1 of each year, or as soon thereafter as unencumbered funds are available, the director of accounts and reports shall transfer to the fraud and abuse criminal prosecution fund an amount equal to: (1) $200,000 from the securities act fee fund created by K.S.A. 17-12a601, and amendments thereto; and (2) $200,000 from the insurance department service regulation fund created by K.S.A. 40-112, and amendments thereto. Upon making any such transfer, the director of accounts and reports shall give notice thereof to the attorney general, the commissioner of insurance and the securities commissioner who shall make the proper entries on the records of their respective offices to show such transfers.

(c) The attorney general may apply for, receive and accept moneys from any source for the purposes for which moneys in the fraud and abuse criminal prosecution fund may be expended. Upon receipt of any such moneys, the attorney general shall remit the entire amount 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 fraud and abuse criminal prosecution fund.

History: L. 2017, ch. 81, ยง 1; July 1.


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