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13  AN ACT concerning child support enforcement; the uniform interstate
14    family support act; income withholding act [state agencies and the
15    procedure thereof]; [requiring the attorney general to bring suit
16    to determine the constitutionality of certain federal mandates;]
17    amending K.S.A. [21-3805,] [23-492, 23-493, 23-495, 23-496, 23-
18    497, 23-498, 23-4,100,] 23-4,101, 23-4,106, 23-4,107, 23-4,108, 23-
19    4,109, 23-4,110, 23-4,111, 23-4,129, 23-4,133, 23-4,146, 23-9,101, 23-
20    9,202, 23-9,205, 23-9,206, 23-9,207, 23-9,301, 23-9,304, 23-9,305,
21    23-9,306, 23-9,307, 23-9,311, 23-9,313, 23-9,401, 23-9,501, 23-9,605,
22    23-9,606, 23-9,607, 23-9,609, 23-9,610, 23-9,611, 23-9,801, 23-9,902,
23    32-930, 38-1113, 38-1131, 39-702, 39-753, 39-758, 39-759, 44-514, 44-
24    710b, 60-2202, 60-2401 and[,] 75-3306[, 75-3306, as amended by
25    section 77 of this act, and 77-518] and K.S.A. 1996 Supp. 38-1115,
26    38-1119, 38-1121, 38-1137, 38-1138, 44-710, 44-717, 60-1610, [60-
27    2310,] 74-146, 74-147[, 75-6202][, 77-514, 77-518] and 79-3234 and
28    repealing the existing sections[; also repealing K.S.A. 1996 Supp.
29    75-6202a].
30
31  Be it enacted by the Legislature of the State of Kansas:
32    New Section 1.  (a) The department of human resources is hereby
33  designated as the agency to collect the new hires information required
34  by the personal responsibility and work opportunity act of 1996. Such
35  information shall be reported on the current employer quarterly report
36  of wages filed pursuant to K.S.A. 44-710, and amendments thereto, which
37  became effective on January 1, 1937. Such information shall include the
38  newly hired employee's address during the quarter such employee was
39  hired. The secretary of human resources shall contract with the secretary
40  of social and rehabilitation services to provide the information needed to
41  be in compliance with the personal responsibility and work opportunity
42  act of 1996.
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1    (b)  The state directory of new hires shall receive, retain and, to the
 2  extent permitted by federal law, make information reported to the direc-
 3  tory available pursuant to subsection (c).
 4    (c)  Except as otherwise permitted by federal law, any agency receiv-
 5  ing information from the state directory of new hires shall handle the
 6  information as confidential information for use in administering the pro-
 7  grams for which it was received. The state directory of new hires shall
 8  make information available:
 9    (1)  Upon implementation of the national directory of new hires, to
10  the national directory; and
11    (2)  to the secretary of social and rehabilitation services for use in
12  administering an eligibility verification system and, not later than May 1,
13  1998, the title IV-D program.
14    (d)  Any employer who reports electronically or magnetically and is
15  required to report newly hired employees to more than one state may
16  elect to transmit all such reports to one state by complying with the
17  requirements of title IV-D.
18    [(e)  Beginning July 1, 1999, the secretary of human resources
19  shall annually delete information about individuals contained in
20  the new hires directory if the information is at least two years old.
21  Nothing in this subsection shall be construed as requiring the sec-
22  retary of human resources to delete information needed to admin-
23  ister the employment security or workers compensation pro-
24  grams.]
25    New Sec. 2.  (a) If the court in any support enforcement proceeding
26  finds that an obligor has failed to comply with an outstanding warrant or
27  subpoena issued by a court of competent jurisdiction of this state or any
28  other state and such obligor has or may have an occupational, professional
29  or driver's license, the court may impose such sanctions under this section
30  as the court deems appropriate until the person has complied with the
31  warrant or subpoena. As used in this section, ``support enforcement pro-
32  ceeding'' means any civil proceeding to:
33    (1)  Establish paternity; or
34    (2)  establish, modify or enforce the duty to provide child support or
35  maintenance.
36    (b)  If the obligor is or may be authorized to practice a profession by
37  a licensing body as defined in K.S.A. 1996 Supp. 74-146 and amendments
38  thereto, the court may order that a notice pursuant to K.S.A. 1996 Supp.
39  74-147 and amendments thereto be served on the licensing body. If the
40  obligor is or may be a licensed attorney, the court may file a complaint
41  with the disciplinary administrator of the Kansas supreme court or with
42  the appropriate official or agency of any state in which the obligor may
43  be licensed.
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 1    (c)  The court may restrict the obligor's driving privileges as provided
 2  in K.S.A. 1996 Supp. 8-292 and amendments thereto.
 3    New Sec. 3.  The [Pursuant to a subpoena for records issued un-
 4  der the code of civil procedure or section 13, and amendments
 5  thereto, the] secretary and any [or a] title IV-D agency of another state
 6  upon order of a Kansas court shall have access to information related to
 7  a IV-D case that is in the custody or control of an individual or private
 8  entity as follows:
 9    (a)  Each party to a paternity or child support proceeding in any case
10  included in the state case registry shall provide, and update as appropri-
11  ate, information about the location and identity of the party. To the extent
12  such information exists, it shall include but not be limited to the person's
13  full name, social security number, residential and mailing addresses, tel-
14  ephone number, driver's license number and the name, address and tel-
15  ephone number of the person's employer.
16    (b)  Any employer shall promptly provide information on the employ-
17  ment, compensation and benefits of any individual employed by such
18  person or entity as an employee or contractor.
19    (c)  Any person or entity holding customer records of a public utility
20  or cable television company shall comply with a subpoena for information
21  about an individual consisting of the individual's name, address, employer,
22  or employer's address as reflected in such records.
23    (d)  A financial institution shall promptly provide information upon
24  request about an individual or the individual's property of liabilities.
25    (e)  Confidential information received by the secretary under this sec-
26  tion shall be subject to the safeguards of K.S.A. 39-759 and amendments
27  thereto.
28    (f)  This section shall be part of and supplemental to article 7 of chap-
29  ter 39 of the Kansas Statutes Annotated.
30    Sec. 4.  K.S.A. 1996 Supp. 60-1610 is hereby amended to read as
31  follows: 60-1610. A decree in an action under this article may include
32  orders on the following matters:
33    (a)  Minor children. (1) Child support and education. The court shall
34  make provisions for the support and education of the minor children. The
35  court may modify or change any prior order, including any order issued
36  in a title IV-D case, within three years of the date of the original order
37  or a modification order, when a material change in circumstances is
38  shown, irrespective of the present domicile of the child or the parents. If
39  more than three years has passed since the date of the original order or
40  modification order, a material change in circumstance need not be shown.
41  The court may make a modification of child support retroactive to a date
42  at least one month after the date that the motion to modify was filed with
43  the court. Any increase in support ordered effective prior to the date the
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 1  court's judgment is filed shall not become a lien on real property pursuant
 2  to K.S.A. 60-2202 and amendments thereto. Regardless of the type of
 3  custodial arrangement ordered by the court, the court may order the child
 4  support and education expenses to be paid by either or both parents for
 5  any child less than 18 years of age, at which age the support shall ter-
 6  minate unless: (A) The parent or parents agree, by written agreement
 7  approved by the court, to pay support beyond the time the child reaches
 8  18 years of age; (B) the child reaches 18 years of age before completing
 9  the child's high school education in which case the support shall not ter-
10  minate automatically, unless otherwise ordered by the court, until June
11  30 of the school year during which the child became 18 years of age if
12  the child is still attending high school; or (C) the child is still a bona fide
13  high school student after June 30 of the school year during which the
14  child became 18 years of age, in which case the court, on motion, may
15  order support to continue through the school year during which the child
16  becomes 19 years of age so long as the child is a bona fide high school
17  student and the parents jointly participated or knowingly acquiesced in
18  the decision which delayed the child's completion of high school. The
19  court, in extending support pursuant to subsection (a)(1)(C), may impose
20  such conditions as are appropriate and shall set the child support utilizing
21  the guideline table category for 16-year through 18-year old children.
22  Provision for payment of support and educational expenses of a child after
23  reaching 18 years of age if still attending high school shall apply to any
24  child subject to the jurisdiction of the court, including those whose sup-
25  port was ordered prior to July 1, 1992. If an agreement approved by the
26  court prior to July 1, 1988, provides for termination of support before the
27  date provided by subsection (a)(1)(B), the court may review and modify
28  such agreement, and any order based on such agreement, to extend the
29  date for termination of support to the date provided by subsection
30    (a)(1)(B). If an agreement approved by the court prior to July 1, 1992,
31  provides for termination of support before the date provided by subsec-
32  tion (a)(1)(C), the court may review and modify such agreement, and any
33  order based on such agreement, to extend the date for termination of
34  support to the date provided by subsection (a)(1)(C). For purposes of this
35  section, ``bona fide high school student'' means a student who is enrolled
36  in full accordance with the policy of the accredited high school in which
37  the student is pursuing a high school diploma or a graduate equivalency
38  diploma (GED). In determining the amount to be paid for child support,
39  the court shall consider all relevant factors, without regard to marital
40  misconduct, including the financial resources and needs of both parents,
41  the financial resources and needs of the child and the physical and emo-
42  tional condition of the child. Until a child reaches 18 years of age, the
43  court may set apart any portion of property of either the husband or wife,
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 1  or both, that seems necessary and proper for the support of the child.
 2  Every order requiring payment of child support under this section shall
 3  require that the support be paid through the clerk of the district court or
 4  the court trustee except for good cause shown.
 5    (2)  Child custody and residency. (A) Changes in custody. Subject to
 6  the provisions of the uniform child custody jurisdiction act (K.S.A. 38-
 7  1301 et seq., and amendments thereto), the court may change or modify
 8  any prior order of custody when a material change of circumstances is
 9  shown.
10    (B)  Examination of parties. The court may order physical or mental
11  examinations of the parties if requested pursuant to K.S.A. 60-235 and
12  amendments thereto.
13    (3)  Child custody or residency criteria. The court shall determine
14  custody or residency of a child in accordance with the best interests of
15  the child.
16    (A)  If the parties have a written agreement concerning the custody
17  or residency of their minor child, it is presumed that the agreement is in
18  the best interests of the child. This presumption may be overcome and
19  the court may make a different order if the court makes specific findings
20  of fact stating why the agreement is not in the best interests of the child.
21    (B)  In determining the issue of custody or residency of a child, the
22  court shall consider all relevant factors, including but not limited to:
23    (i)  The length of time that the child has been under the actual care
24  and control of any person other than a parent and the circumstances
25  relating thereto;
26    (ii)  the desires of the child's parents as to custody or residency;
27    (iii)  the desires of the child as to the child's custody or residency;
28    (iv)  the interaction and interrelationship of the child with parents,
29  siblings and any other person who may significantly affect the child's best
30  interests;
31    (v)  the child's adjustment to the child's home, school and community;
32    (vi)  the willingness and ability of each parent to respect and appre-
33  ciate the bond between the child and the other parent and to allow for a
34  continuing relationship between the child and the other parent; and
35    (vii)  evidence of spousal abuse.
36    Neither parent shall be considered to have a vested interest in the
37  custody or residency of any child as against the other parent, regardless
38  of the age of the child, and there shall be no presumption that it is in the
39  best interests of any infant or young child to give custody or residency to
40  the mother.
41    (4)  Types of custodial arrangements. Subject to the provisions of this
42  article, the court may make any order relating to custodial arrangements
43  which is in the best interests of the child. The order shall include, but
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 1  not be limited to, one of the following, in the order of preference:
 2    (A)  Joint custody. The court may place the custody of a child with
 3  both parties on a shared or joint-custody basis. In that event, the parties
 4  shall have equal rights to make decisions in the best interests of the child
 5  under their custody. When a child is placed in the joint custody of the
 6  child's parents, the court may further determine that the residency of the
 7  child shall be divided either in an equal manner with regard to time of
 8  residency or on the basis of a primary residency arrangement for the child.
 9  The court, in its discretion, may require the parents to submit a plan for
10  implementation of a joint custody order upon finding that both parents
11  are suitable parents or the parents, acting individually or in concert, may
12  submit a custody implementation plan to the court prior to issuance of a
13  custody decree. If the court does not order joint custody, it shall include
14  in the record the specific findings of fact upon which the order for custody
15  other than joint custody is based.
16    (B)  Sole custody. The court may place the custody of a child with one
17  parent, and the other parent shall be the noncustodial parent. The cus-
18  todial parent shall have the right to make decisions in the best interests
19  of the child, subject to the visitation rights of the noncustodial parent.
20    (C)  Divided custody. In an exceptional case, the court may divide the
21  custody of two or more children between the parties.
22    (D)  Nonparental custody. If during the proceedings the court deter-
23  mines that there is probable cause to believe that: (i) The child is a child
24  in need of care as defined by subsections (a)(1), (2) or (3) of K.S.A. 38-
25  1502 and amendments thereto; (ii) neither parent is fit to have custody;
26  or (iii) the child is currently residing with such child's grandparent, grand-
27  parents, aunt or uncle and such relative has had actual physical custody
28  of such child for a significant length of time, the court may award tem-
29  porary custody of the child to such relative, another person or agency if
30  the court finds the award of custody to such relative, another person or
31  agency is in the best interests of the child. In making such a custody
32  order, the court shall give preference, to the extent that the court finds
33  it is in the best interests of the child, first to awarding such custody to a
34  relative of the child by blood, marriage or adoption and second to award-
35  ing such custody to another person with whom the child has close emo-
36  tional ties. The court may make temporary orders for care, support, ed-
37  ucation and visitation that it considers appropriate. Temporary custody
38  orders are to be entered in lieu of temporary orders provided for in K.S.A.
39  38-1542 and 38-1543, and amendments thereto, and shall remain in effect
40  until there is a final determination under the Kansas code for care of
41  children. An award of temporary custody under this paragraph shall not
42  terminate parental rights nor give the court the authority to consent to
43  the adoption of the child. When the court enters orders awarding tem-
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  porary custody of the child to an agency or a person other than the parent
 2  but not a relative as described in subpart (iii), the court shall refer a
 3  transcript of the proceedings to the county or district attorney. The county
 4  or district attorney shall file a petition as provided in K.S.A. 38-1531 and
 5  amendments thereto and may request termination of parental rights pur-
 6  suant to K.S.A. 38-1581 and amendments thereto. The costs of the pro-
 7  ceedings shall be paid from the general fund of the county. When a final
 8  determination is made that the child is not a child in need of care, the
 9  county or district attorney shall notify the court in writing and the court,
10  after a hearing, shall enter appropriate custody orders pursuant to this
11  section. If the same judge presides over both proceedings, the notice is
12  not required. Any disposition pursuant to the Kansas code for care of
13  children shall be binding and shall supersede any order under this section.
14  When the court enters orders awarding temporary custody of the child
15  to a relative as described in subpart (iii), the court shall annually review
16  the temporary custody to evaluate whether such custody is still in the best
17  interests of the child. If the court finds such custody is in the best interests
18  of the child, such custody shall continue. If the court finds such custody
19  is not in the best interests of the child, the court shall determine the
20  custody pursuant to this section.
21    (b)  Financial matters. (1) Division of property. The decree shall di-
22  vide the real and personal property of the parties, including any retire-
23  ment and pension plans, whether owned by either spouse prior to mar-
24  riage, acquired by either spouse in the spouse's own right after marriage
25  or acquired by the spouses' joint efforts, by: (A) a division of the property
26  in kind; (B) awarding the property or part of the property to one of the
27  spouses and requiring the other to pay a just and proper sum; or (C)
28  ordering a sale of the property, under conditions prescribed by the court,
29  and dividing the proceeds of the sale.  Upon request, the trial court shall
30  set a valuation date to be used for all assets at trial, which may be the
31  date of separation, filing or trial as the facts and circumstances of the case
32  may dictate. The trial court may consider evidence regarding changes in
33  value of various assets before and after the valuation date in making the
34  division of property. In dividing defined-contribution types of retirement
35  and pension plans, the court shall allocate profits and losses on the non-
36  participant's portion until date of distribution to that nonparticipant. In
37  making the division of property the court shall consider the age of the
38  parties; the duration of the marriage; the property owned by the parties;
39  their present and future earning capacities; the time, source and manner
40  of acquisition of property; family ties and obligations; the allowance of
41  maintenance or lack thereof; dissipation of assets; the tax consequences
42  of the property division upon the respective economic circumstances of
43  the parties; and such other factors as the court considers necessary to
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 1  make a just and reasonable division of property. The decree shall provide
 2  for any changes in beneficiary designation on: (A) Any insurance or an-
 3  nuity policy that is owned by the parties, or in the case of group life
 4  insurance policies, under which either of the parties is a covered person;
 5  (B) any trust instrument under which one party is the grantor or holds a
 6  power of appointment over part or all of the trust assets, that may be
 7  exercised in favor of either party; or (C) any transfer on death or payable
 8  on death account under which one or both of the parties are owners or
 9  beneficiaries. Nothing in this section shall relieve the parties of the ob-
10  ligation to effectuate any change in beneficiary designation by the filing
11  of such change with the insurer or issuer in accordance with the terms
12  of such policy.
13    (2)  Maintenance. The decree may award to either party an allowance
14  for future support denominated as maintenance, in an amount the court
15  finds to be fair, just and equitable under all of the circumstances. The
16  decree may make the future payments modifiable or terminable under
17  circumstances prescribed in the decree. The court may make a modifi-
18  cation of maintenance retroactive to a date at least one month after the
19  date that the motion to modify was filed with the court. In any event, the
20  court may not award maintenance for a period of time in excess of 121
21  months. If the original court decree reserves the power of the court to
22  hear subsequent motions for reinstatement of maintenance and such a
23  motion is filed prior to the expiration of the stated period of time for
24  maintenance payments, the court shall have jurisdiction to hear a motion
25  by the recipient of the maintenance to reinstate the maintenance pay-
26  ments. Upon motion and hearing, the court may reinstate the payments
27  in whole or in part for a period of time, conditioned upon any modifying
28  or terminating circumstances prescribed by the court, but the reinstate-
29  ment shall be limited to a period of time not exceeding 121 months. The
30  recipient may file subsequent motions for reinstatement of maintenance
31  prior to the expiration of subsequent periods of time for maintenance
32  payments to be made, but no single period of reinstatement ordered by
33  the court may exceed 121 months. Maintenance may be in a lump sum,
34  in periodic payments, on a percentage of earnings or on any other basis.
35  At any time, on a hearing with reasonable notice to the party affected,
36  the court may modify the amounts or other conditions for the payment
37  of any portion of the maintenance originally awarded that has not already
38  become due, but no modification shall be made without the consent of
39  the party liable for the maintenance, if it has the effect of increasing or
40  accelerating the liability for the unpaid maintenance beyond what was
41  prescribed in the original decree. Every order requiring payment of main-
42  tenance under this section shall require that the maintenance be paid
43  through the clerk of the district court or the court trustee except for good
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 1  cause shown.
 2    (3)  Separation agreement. If the parties have entered into a separa-
 3  tion agreement which the court finds to be valid, just and equitable, the
 4  agreement shall be incorporated in the decree. The provisions of the
 5  agreement on all matters settled by it shall be confirmed in the decree
 6  except that any provisions for the custody, support or education of the
 7  minor children shall be subject to the control of the court in accordance
 8  with all other provisions of this article. Matters settled by an agreement
 9  incorporated in the decree, other than matters pertaining to the custody,
10  support or education of the minor children, shall not be subject to sub-
11  sequent modification by the court except: (A) As prescribed by the agree-
12  ment or (B) as subsequently consented to by the parties.
13    (4)  Costs and fees. Costs and attorney fees may be awarded to either
14  party as justice and equity require. The court may order that the amount
15  be paid directly to the attorney, who may enforce the order in the attor-
16  ney's name in the same case.
17    (c)  Miscellaneous matters. (1) Restoration of name. Upon the request
18  of a spouse, the court shall order the restoration of that spouse's maiden
19  or former name.
20    (2)  Effective date as to remarriage. Any marriage contracted by a
21  party, within or outside this state, with any other person before a judg-
22  ment of divorce becomes final shall be voidable until the decree of divorce
23  becomes final. An agreement which waives the right of appeal from the
24  granting of the divorce and which is incorporated into the decree or
25  signed by the parties and filed in the case shall be effective to shorten
26  the period of time during which the remarriage is voidable.
27    Sec. 5.  K.S.A. 1996 Supp. 38-1121 is hereby amended to read as
28  follows: 38-1121. (a) The judgment or order of the court determining the
29  existence or nonexistence of the parent and child relationship is deter-
30  minative for all purposes, but if any person necessary to determine the
31  existence of a father and child relationship for all purposes has not been
32  joined as a party, a determination of the paternity of the child shall have
33  only the force and effect of a finding of fact necessary to determine a
34  duty of support.
35    (b)  If the judgment or order of the court is at variance with the child's
36  birth certificate, the court shall order that a new birth certificate be is-
37  sued, but only if any man named as the father on the birth certificate is
38  a party to the action.
39    (c)  Upon adjudging that a party is the parent of a minor child, the
40  court shall make provision for support and education of the child includ-
41  ing the necessary medical expenses incident to the birth of the child. The
42  court may order the support and education expenses to be paid by either
43  or both parents for the minor child. When the child reaches 18 years of
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 1  age, the support shall terminate unless: (1) The parent or parents agree,
 2  by written agreement approved by the court, to pay support beyond that
 3  time; (2) the child reaches 18 years of age before completing the child's
 4  high school education in which case the support shall not automatically
 5  terminate, unless otherwise ordered by the court, until June 30 of the
 6  school year during which the child became 18 years of age if the child is
 7  still attending high school; or (3) the child is still a bona fide high school
 8  student after June 30 of the school year during which the child became
 9  18 years of age, in which case the court, on motion, may order support
10  to continue through the school year during which the child becomes 19
11  years of age so long as the child is a bona fide high school student and
12  the parents jointly participated or knowingly acquiesced in the decision
13  which delayed the child's completion of high school. The court, in ex-
14  tending support pursuant to subsection (c)(3), may impose such condi-
15  tions as are appropriate and shall set the child support utilizing the guide-
16  line table category for 16-year through 18-year old children. Provision for
17  payment of support and educational expenses of a child after reaching 18
18  years of age if still attending high school shall apply to any child subject
19  to the jurisdiction of the court, including those whose support was or-
20  dered prior to July 1, 1992. If an agreement approved by the court prior
21  to July 1, 1988, provides for termination of support before the date pro-
22  vided by subsection (c)(2), the court may review and modify such agree-
23  ment, and any order based on such agreement, to extend the date for
24  termination of support to the date provided by subsection (c)(2). If an
25  agreement approved by the court prior to July 1, 1992, provides for ter-
26  mination of support before the date provided by subsection (c)(3), the
27  court may review and modify such agreement, and any order based on
28  such agreement, to extend the date for termination of support to the date
29  provided by subsection (c)(3). For purposes of this section, ``bona fide
30  high school student'' means a student who is enrolled in full accordance
31  with the policy of the accredited high school in which the student is
32  pursuing a high school diploma or a graduate equivalency diploma
33  (GED). The judgment shall specify the terms of payment and shall re-
34  quire payment to be made through the clerk of the district court or the
35  court trustee except for good cause shown. The judgment may require
36  the party to provide a bond with sureties to secure payment. The court
37  may at any time during the minority of the child modify or change the
38  order of support, including any order issued in a title IV-D case, within
39  three years of the date of the original order or a modification order, as
40  required by the best interest of the child. If more than three years has
41  passed since the date of the original order or modification order, a re-
42  quirement that such order is in the best interest of the child need not be
43  shown. The court may make a modification of support retroactive to a
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 1  date at least one month after the date that the motion to modify was filed
 2  with the court. Any increase in support ordered effective prior to the date
 3  the court's judgment is filed shall not become a lien on real property
 4  pursuant to K.S.A. 60-2202, and amendments thereto.
 5    (d)  If both parents are parties to the action, the court shall enter such
 6  orders regarding custody and visitation as the court considers to be in the
 7  best interest of the child.
 8    (e)  In entering an original order for support of a child under this
 9  section, the court may award an additional judgment to reimburse the
10  expenses of support and education of the child from the date of birth to
11  the date the order is entered. If the determination of paternity is based
12  upon a presumption arising under K.S.A. 38-1114 and amendments
13  thereto, the court shall award an additional judgment to reimburse all or
14  part of the expenses of support and education of the child from at least
15  the date the presumption first arose to the date the order is entered,
16  except that no additional judgment need be awarded for amounts accrued
17  under a previous order for the child's support.
18    (f)  In determining the amount to be paid by a parent for support of
19  the child and the period during which the duty of support is owed, a court
20  enforcing the obligation of support shall consider all relevant facts in-
21  cluding, but not limited to, the following:
22    (1)  The needs of the child.
23    (2)  The standards of living and circumstances of the parents.
24    (3)  The relative financial means of the parents.
25    (4)  The earning ability of the parents.
26    (5)  The need and capacity of the child for education.
27    (6)  The age of the child.
28    (7)  The financial resources and the earning ability of the child.
29    (8)  The responsibility of the parents for the support of others.
30    (9)  The value of services contributed by the custodial parent.
31    (g)  The provisions of K.S.A. 23-4,107, and amendments thereto, shall
32  apply to all orders of support issued under this section.
33    (h)  An order granting visitation rights pursuant to this section may
34  be enforced in accordance with K.S.A. 23-701, and amendments thereto.
35    New Sec. 6.  (a) Nothing in sections 6 through 21 and amendments
36  thereto shall be construed as a waiver by the state of Kansas of immunity
37  from suit under the 11th amendment to the constitution of the United
38  States or as allowing any jurisdiction outside this state to impose sanctions
39  or penalties against the state of Kansas, any agency or instrumentality
40  thereof, its officers or employees.
41    (b)  Sections 6 through 21 and amendments thereto shall be part of
42  and supplemental to article 7 of chapter 39 of the Kansas Statutes An-
43  notated.
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 1    New Sec. 7.  The following definitions shall apply in any IV-D ad-
 2  ministrative proceeding related to sections 6 through 21 and amendments
 3  thereto, except where the context requires otherwise.
 4    (a)  ``Account'' means a demand deposit account, checking or nego-
 5  tiable withdrawal order account, savings account, time deposit account or
 6  money-market mutual fund account.
 7    (b)  ``Arrearages'' means past due support under any support order of
 8  any tribunal of this or any other state, including but not limited to the
 9  unpaid balance of any costs awarded, public assistance debt or accrued
10  interest.
11    (c)  ``Business day'' means a day on which state offices in Kansas are
12  open for regular business.
13    (d)  ``Cash asset'' means any intangible property that consistently
14  maintains a fair market value of one dollar per unit. It shall be presumed
15  that any account held by a financial institution and from which the obligor
16  may make cash withdrawals, with or without penalty, consists entirely of
17  cash assets.
18    (e)  ``Current support'' includes but is not limited to the duty to pro-
19  vide for a child's ongoing medical needs through cash, insurance coverage
20  or other means. ``Current support'' does not include any periodic amount
21  specified to defray arrearages.
22    (f)  ``Custodial parent'' means the parent or other person receiving IV-
23  D services on the child's behalf and may include an agency acting in loco
24  parentis, a guardian, or a blood or adoptive relative with whom the child
25  resides.
26    (g)  ``Duty of support'' means any duty to support another person that
27  is imposed or imposable by law or by any order, decree or judgment of
28  any tribunal, whether interlocutory or final or whether incidental to a
29  proceeding for divorce, judicial separation, separate maintenance or oth-
30  erwise, including but not limited to the duty to provide current support,
31  the duty to provide medical support, the duty to pay birth expenses, the
32  duty to pay a public assistance debt and the duty to pay arrearages.
33    (h)  ``Financial institution'' means any financial institution as defined
34  in 469A of the federal social security act (42 U.S.C. (section) 469A) and amend-
35  ments thereto.
36    (i)  ``Holder'' means any person who is or may be in possession or
37  control of any cash asset of the responsible parent.
38    (j)  ``IV-D'' or ``title IV-D'' means part D of title IV of the federal
39  social security act (42 U.S.C. (section) 651 et seq.) and amendments thereto, as
40  in effect on May 1, 1997. ``IV-D services'' means those services the sec-
41  retary provides pursuant to title IV-D.
42    (k)  ``Party'' means the secretary, the responsible parent, the custodial
43  parent or the child or any assignee or other successor in interest to any
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  of them.
 2    (l)  ``Public assistance debt'' means the obligation to reimburse public
 3  assistance as described in K.S.A. 39-718b or 39-719 and amendments
 4  thereto or in any similar law of this or any other state.
 5    (m)  ``Responsible parent'' means, if a child is receiving or has re-
 6  ceived IV-D services from the secretary, the mother, father or alleged
 7  father of the child.
 8    (n)  ``Secretary'' means the secretary of social and rehabilitation serv-
 9  ices or a designee of the secretary.
10    (o)  ``State'' means a state of the United States, the District of Colum-
11  bia, Puerto Rico, the United States Virgin Islands or any territory or in-
12  sular possession subject to the jurisdiction of the United States. The term
13  ``state'' includes an Indian tribe and includes any jurisdiction declared a
14  foreign reciprocating country by the United States secretary of state and
15  any foreign jurisdiction that has established procedures for issuance and
16  enforcement of child support orders which are substantially similar to the
17  procedures of this state. It shall be presumed that a foreign jurisdiction
18  which is the subject of an unrevoked declaration by the attorney general
19  pursuant to K.S.A. 23-4,101 and amendments thereto is a state as defined
20  in this subsection.
21    (p)  ``Support order'' means any order by which a person's duty of
22  support is established, including but not limited to any order modifying
23  a prior support order.
24    (q)  ``Tribunal'' means any court, administrative agency or quasi-ju-
25  dicial entity authorized to establish, modify or enforce support orders or
26  to determine parentage. With respect to support orders entered in this
27  state, the courts are the tribunals in Kansas.
28    New Sec. 8.  (a) The powers and remedies provided in this section
29  are cumulative and do not affect any other powers of the secretary or the
30  availability of remedies under other law.
31    (b)  In any case for which the secretary is providing IV-D services, the
32  secretary, subject to de novo court review as provided in subsection (c),
33  may:
34    (1)  Obtain access to information as authorized by law;
35    (2)  subpoena records pursuant to section 13 and amendments
36  thereto;
37    (3)  order genetic tests pursuant to section 14 and amendments
38  thereto;
39    (4)  order minimum payments to defray arrearages pursuant to section
40  15 and amendments thereto;
41    (5)  enforce any duty of support by income withholding pursuant to
42  the income withholding act and section 16 et seq. and amendments
43  thereto;
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 1    (6)  enforce any duty of support by administrative levy pursuant to
 2  section 19 and amendments thereto;
 3    (7)  perfect any lien against property;
 4    (8)  order executions against property pursuant to K.S.A. 60-2401 and
 5  amendments thereto; and
 6    (9)  change the payee of any support order pursuant to section 20 and
 7  amendments thereto.
 8    (c)  In any action by the secretary pursuant to subsection (b), an ag-
 9  grieved person has the right to file a petition with the district court pur-
10  suant to chapter 60 of the Kansas Statutes Annotated, and amendments
11  thereto, for de novo court review of such action by the secretary. An
12  aggrieved person shall not be required to first exhaust administrative rem-
13  edies that may be available to such person. If such person files a petition
14  for de novo review and a request for an administrative hearing has already
15  been docketed, such administrative hearing shall be stayed until the court
16  has reviewed and rendered a decision on such petition. The secretary of
17  social and rehabilitation services shall be a necessary party to the action.
18  In any action under this subsection, the court may grant relief that would
19  have been available to the parties in an administrative hearing conducted
20  pursuant to K.S.A. 75-3306, and amendments thereto.
21    (d)  In any action by the secretary pursuant to subsection (b), the
22  secretary shall give written notice to the party, clearly and conspicuously,
23  of the right to a de novo court review pursuant to subsection (c).
24    (e)  The secretary may designate employees of the secretary to serve
25  as authorized agents to exercise powers of the secretary in IV-D admin-
26  istrative proceedings. By written contract, the secretary may designate
27  other persons to serve as authorized agents to exercise specific powers of
28  the secretary in IV-D cases.
29    New Sec. 9.  (a) The secretary shall have jurisdiction over:
30    (1)  Any person receiving IV-D services from the secretary;
31    (2)  any person within or without this state who may be made subject
32  to the jurisdiction of the courts of this state for the purpose of determining
33  the person's duty of support or for establishing or enforcing a support
34  order;
35    (3)  any person without this state who may be made subject to the
36  jurisdiction of the secretary for IV-D purposes by the laws of the juris-
37  diction in which the person resides or may be found; and
38    (4)  any person who may be made subject to the jurisdiction of the
39  courts of this state because the person is or may be in possession or
40  control of property of the responsible parent, is or may be indebted to
41  the responsible parent or is or may be the responsible parent's payor as
42  defined in the income withholding act and amendments thereto.
43    (b)  The jurisdiction of the secretary over any person shall commence
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  at the time the person is served with an initial notice or order in any IV-
 2  D administrative proceeding or, for a person receiving IV-D services from
 3  the secretary, at the time the secretary's IV-D services begin. ``Initial
 4  notice or order'' includes a subpoena, an order for genetic tests, a notice
 5  of lien, an income withholding order and an order to restrict transfer.
 6      The secretary's jurisdiction over the responsible parent shall con-
 7  tinue so long as IV-D administrative proceedings are pending or so long
 8  as a duty of support exists, whichever is longer, regardless of the respon-
 9  sible parent's subsequent departure from this state.
10    (c)  Except as provided in subsection (d) or as otherwise specifically
11  required by law, service of any subpoena, notice or order in any IV-D
12  administrative proceeding upon any person shall be by regular mail ad-
13  dressed to the person's last known address. Service by mail is complete
14  upon mailing. Nothing in this subsection shall prevent the secretary and
15  any person from agreeing to an alternative method of service, including
16  but not limited to electronic data transfer. Any person accepting an al-
17  ternative method of service under this subsection shall not be liable to
18  any person solely because of the method of service.
19    (d)  Service upon the responsible parent of an order for genetic tests
20  shall be made in any manner permitted for service of summons and pe-
21  tition by the statutes contained in article 3 of chapter 60 of the Kansas
22  Statutes Annotated and amendments thereto [only by personal service
23  or registered mail, return receipt requested].
24    (e)  If service of any notice or order in a IV-D administrative pro-
25  ceeding must be made in the manner of a summons and petition, any
26  person qualified to serve process pursuant to article 3 of chapter 60 of
27  the Kansas Statutes Annotated and amendments thereto [only by per-
28  sonal service or registered mail, return receipt requested] is qual-
29  ified to serve the notice or order.
30    (f)  Except as otherwise provided in this subsection, substantial com-
31  pliance with the requirements for any method of service provided by this
32  section shall effect valid service if, upon review, the hearing officer or
33  tribunal finds that, notwithstanding some irregularity or omission, the
34  person served was made aware that an action or proceeding was pending
35  in which the person's person, status or property could be affected.
36    After commencement of any IV-D administrative proceeding, service
37  upon the secretary of any notice or document in the same IV-D admin-
38  istrative proceeding at any address other than the current address pro-
39  vided by the secretary shall not be effective service upon or notice to the
40  secretary.
41    New Sec. 10.  Except to the extent precluded by another provision
42  of law, a person may waive any right conferred upon that person with
43  respect to any IV-D proceeding. Anyone seeking waiver shall advise the
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  person of the right to seek independent legal advice. Such waiver may be
 2  revoked in writing within 20 days following the date of such waiver.
 3    New Sec. 11.  (a) The provisions of this section shall apply to all or-
 4  ders entered by an authorized agent of the secretary in any IV-D admin-
 5  istrative proceeding under sections 6 through 21 and amendments
 6  thereto.
 7    (b)  Every administrative order entered shall specify:
 8    (1)  Identifying information about the IV-D case;
 9    (2)  the mailing address of the Kansas office providing IV-D services;
10    (3)  any finding of fact required by law; and
11    (4)  when review of the administrative order is available and how to
12  request review.
13    (c)  Each administrative order shall be signed and dated by the secre-
14  tary's authorized agent. The date of entry shall be the date the adminis-
15  trative order is signed by the secretary's authorized agent. The adminis-
16  trative order shall be effective as of the date of entry except to the extent
17  that the order's effectiveness is stayed.
18    (d)  A copy of the administrative order shall be served on each person
19  required to comply with the administrative order, on the responsible par-
20  ent, and on any other person required by law to receive a copy of the
21  administrative order.
22    (e)  The secretary may correct any technical error arising from over-
23  sight or omission or any clerical mistake that is discovered in any admin-
24  istrative order. Except as otherwise provided in this section, the amend-
25  ment may be made at any time upon the secretary's own initiative or upon
26  request of any person and after such notice, if any, that the secretary
27  determines appropriate. If a review is pending, an amendment under this
28  section may be made only with leave of the presiding officer. The amend-
29  ment shall relate back to the date of the original administrative order,
30  except that any person who has relied in good faith upon the original
31  administrative order shall not be prejudiced by the relation back of any
32  amendment under this section. A copy of the amended administrative
33  order shall be served upon the same parties as the original administrative
34  order, with a statement explaining the change, when review of the
35  amended administrative order is available and how to request review. For
36  the purpose of determining whether review of the amended order is avail-
37  able, the date the amended order was served upon the person requesting
38  review shall be treated as the date the amended administrative order was
39  entered.
40    New Sec. 12.  (a) Subject to subsection (b), an administrative sub-
41  poena or order whose effect has not been stayed shall be enforceable
42  pursuant to the civil enforcement provisions of the t for judicial review
43  and civil enforcement of agency actions, K.S.A. 77-601 et seq. and amend-
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  ments thereto, from the date of the subpoena's issuance or the order's
 2  entry.
 3    (b)  A subpoena issued pursuant to section 13 and amendments
 4  thereto or an order to restrict transfer or to verify information entered
 5  pursuant to section 19 and amendments thereto shall not be enforceable
 6  more than two years after the date of issuance or entry, as shown on the
 7  face of the subpoena or order.
 8    New Sec. 13.  (a) In any title IV-D case, the secretary may issue a
 9  subpoena pursuant to this section to obtain information about the re-
10  sponsible parent's whereabouts or finances if the information is needed
11  to establish, modify or enforce a support order. The subpoena shall re-
12  quire the person to whom it is directed to produce a copy of the records
13  designated in the subpoena or, if applicable, to complete a form furnished
14  pursuant to subsection (c). At least 14 days shall be allowed for compli-
15  ance with the subpoena. A subpoena issued pursuant to this section shall
16  be subject to defenses which would apply if the subpoena had been issued
17  by a court of this state.
18    (b)  A subpoena issued pursuant to this section shall be served in any
19  manner permitted for service of a subpoena to produce records issued
20  pursuant to chapter 60 of the Kansas Statutes Annotated, and amend-
21  ments thereto [only by personal service or registered mail, return
22  receipt requested].
23    (c)  The secretary may furnish with the subpoena a form requesting
24  specific information from the records of the person to whom the sub-
25  poena is directed. The person may elect to furnish the copy of the des-
26  ignated records or to complete the form in full. If the person completes
27  the form in full and returns it to the secretary's authorized agent by mail
28  or otherwise within the time allowed, it shall be sufficient compliance
29  with the subpoena.
30    (d)  Except as otherwise provided in this subsection or subsection (c),
31  the person to whom a subpoena is directed shall comply with the sub-
32  poena by delivering to the secretary's authorized agent by mail or oth-
33  erwise a sworn statement and a true and correct copy of the records
34  designated in the subpoena. The sworn statement shall certify that the
35  copy delivered by the person is a true and correct copy of the records
36  designated in the subpoena.  When more than one person has custody of
37  the records or has knowledge of the facts required to be stated in the
38  sworn statement, more than one sworn statement may be made.
39    If the person has none of the records designated in the subpoena, or
40  only part thereof, the person shall so state in the sworn statement and
41  shall send a copy of those records of which the person has custody.
42    (e)  Before the time specified in the subpoena for compliance there-
43  with, the person to whom the subpoena is directed may request: (1) An
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  administrative hearing to review all or part of the subpoena by complying
 2  with procedures established by the secretary for requesting such a review;
 3  or (2) a de novo court review pursuant to section 8, and amendments
 4  thereto. The person shall comply with any portion of the subpoena for
 5  which review is not requested. If the subpoena is served by mail, the time
 6  for requesting review shall be extended by three days. If the request for
 7  review is made within the time allowed, the effect of the subpoena shall
 8  be stayed pending resolution of the review. Upon request, the presiding
 9  officer may limit the stay to the matters under review.
10    (f)  Except as otherwise provided in this subsection, a subpoena issued
11  pursuant to this section whose effect has not been stayed may be enforced
12  pursuant to the civil enforcement provisions of the act for judicial review
13  and civil enforcement of agency actions, K.S.A. 77-601, et seq., and
14  amendments thereto, after the time for compliance with the subpoena
15  has expired. A subpoena issued pursuant to this section shall not be en-
16  forceable more than two years after the date of issuance shown on the
17  face of the subpoena.
18    New Sec. 14.  (a) This section shall not apply if an action to establish
19  the father's duty of support on behalf of the child is pending before any
20  tribunal.  As used in this section, ``mother'' means the natural mother of
21  the child whose parentage is in issue.
22    (b)  Except as otherwise provided in subsection (d), genetic tests may
23  be ordered by the secretary if the alleged father consents and the nec-
24  essary persons are available for testing. Except as otherwise provided in
25  subsection (e), the secretary shall pay the costs of genetic tests, subject
26  to recoupment from the father if paternity is established.  For purposes
27  of this section, a person receiving title IV-D services is not available for
28  testing if a claim for good cause not to cooperate under title IV-D is
29  pending or has been determined in the person's favor or if the person
30  ceases to receive title IV-D services for any reason.
31    (c)  A copy of the order for genetic tests shall be served upon persons
32  required to comply with the order in any manner permitted for service
33  of summons and petition pursuant to article 3 of chapter 60 of the Kansas
34  Statutes Annotated, and amendments thereto [only by personal service
35  or registered mail, return receipt requested]. The order shall specify
36  the time and place the person is required to appear for testing, which
37  shall be at least ten days after the date the order is entered.
38    (d)  If a presumption of paternity arises pursuant to subsection (a) of
39  K.S.A. 38-1114 and amendments thereto because the mother married or
40  attempted to marry any man, the secretary shall not order genetic testing
41  unless a court of this state or an appropriate tribunal in another state has
42  found that determining the child's biological father is in the child's best
43  interests. If a tribunal subsequently determines that the prohibition of
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 1  this subsection applied at the time genetic tests were ordered by the
 2  secretary, any support order based in whole or in part upon the genetic
 3  tests may be set aside only as provided in K.S.A. 60-260 and amendments
 4  thereto.
 5    (e)  Upon receiving the results of genetic testing, the secretary shall
 6  promptly send a copy of the results to the parties, together with notice
 7  of the time limits for requesting any additional genetic tests or for chal-
 8  lenging the results pursuant to K.S.A. 38-1118 and amendments thereto,
 9  how to make such request or challenge, and any associated costs. The
10  notice shall state the consequences pursuant to K.S.A. 38-1118 and
11  amendments thereto of failing to act within the time allowed by the stat-
12  ute. Any additional genetic tests shall be at the expense of the person
13  making the request for additional genetic tests. Failure of the person
14  requesting additional tests to make advance payment as required by the
15  secretary shall be deemed withdrawal of the request.
16    (f)  Any person required to comply with an order issued pursuant to
17  this section may request: (1) An administrative hearing pursuant to K.S.A.
18  75-3306, and amendments thereto, by complying with procedures estab-
19  lished by the secretary within ten days after entry of the order; or (2) a
20  de novo court review pursuant to section 8, and amendments thereto. If
21  the order is served on the person by mail, the time for requesting review
22  shall be extended by three days. An order issued pursuant to this section
23  shall be subject to defenses that would apply if the order had been issued
24  by a court of this state. If the request for review is made within the time
25  allowed, the effect of the order shall be stayed with respect to the person
26  requesting review pending resolution of the review.
27    (g)  An order issued pursuant to this section whose effect has not been
28  stayed may be enforced pursuant to the civil enforcement provisions of
29  the act for judicial review and civil enforcement of agency actions, K.S.A.
30  77-601, et seq., and amendments thereto, after the time for compliance
31  with the order has expired.
32    New Sec. 15.  (a) If the responsible parent owes any arrearages, the
33  secretary may serve upon the responsible parent an order for minimum
34  payments to defray the arrearages. The order shall identify the amount
35  of unpaid arrearages and the minimum periodic payment the obligor is
36  required to make to defray the arrearages. The amount specified for the
37  minimum periodic payment shall be in addition to any current support
38  order. The order shall state that failure to request review of the stated
39  amount of arrearages may bar any later challenge to the amount. The
40  order shall be served on the responsible parent in any manner permitted
41  for service of summons and petition pursuant to article 3 of chapter 60
42  of the Kansas Statutes Annotated, and amendments thereto [only by
43  personal service or registered mail, return receipt requested].
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1    (b)  The secretary shall adopt guidelines for determining minimum
 2  payments to defray arrearages that may be ordered pursuant to this sec-
 3  tion. To the extent that information is known, the following factors shall
 4  be considered: the financial condition of the child, custodial parent and
 5  responsible parent; the amount of the current support order; the exis-
 6  tence of other dependents; and the total of unpaid arrearages.
 7    (c)  Unless stayed, an order issued pursuant to this section shall be
 8  effective 30 days after the date of entry. The responsible parent may
 9  request: (1) An administrative hearing pursuant to K.S.A. 75-3306, and
10  amendments thereto, by complying with procedures established by the
11  secretary within ten days after entry of the order; or (2) a de novo court
12  review pursuant to section 8, and amendments thereto. If the order is
13  served by mail, the time shall be extended by three days.
14    (d)  If, after an order issued pursuant to this section becomes effec-
15  tive, the responsible parent fails to make the minimum payments to defray
16  arrearages, the order may be enforced pursuant to the civil enforcement
17  provisions of the act for judicial review and civil enforcement of agency
18  actions, K.S.A. 77-601 et seq., and amendments thereto.
19    New Sec. 16.  (a) Except as otherwise provided in K.S.A. 23-4,107 or
20  section 18, and amendments thereto, if no income withholding order is
21  in effect to enforce a support order in a title IV-D case, an income with-
22  holding order may be entered by the secretary. A notice of intent to
23  initiate income withholding, as described in K.S.A. 23-4,107 and amend-
24  ments thereto, shall be served on the responsible parent at least seven
25  days before the secretary issues the income withholding order. If the
26  amount of arrearages is less than the amount of current support due for
27  one month, the requirements of subsection (d) must be met. The income
28  withholding order shall conform to the requirements of the income with-
29  holding act and amendments thereto and shall have the same force and
30  effect as an income withholding order issued by a district court of this
31  state.
32    (b)  If an income withholding order is issued by the secretary to en-
33  force a support order entered by a court of this state, the original docu-
34  ment shall be delivered for filing to the clerk of the court that entered
35  the support order. Thereafter, if the secretary is no longer providing title
36  IV-D services in the case, the clerk of the district court shall use the
37  income withholding order issued by the secretary in the same manner as
38  an income withholding order issued by the court.
39    (c)  If an income withholding order is issued by the secretary to en-
40  force a support order entered by a tribunal of another state, the secretary
41  shall transmit a copy of the income withholding order to the tribunal of
42  the other state.
43    (d)  If there are no arrearages or the amount of arrearages under the
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  support order is less than the amount of current support due for one
 2  month, the secretary may initiate income withholding only if:
 3    (1)  Any arrearages are owed;
 4    (2)  a medical child support order exists;
 5    (3)  the secretary determines that immediate issuance of the income
 6  withholding order was required by K.S.A. 23-4,107 and amendments
 7  thereto or by a similar law of another state, but no income withholding
 8  order was entered;
 9    (4)  the responsible parent consents;
10    (5)  required payments have been received after the due date at least
11  twice within the preceding 12 months, regardless of whether any arrear-
12  ages are owed; or
13    (6)  the support order was entered by a tribunal of another state.
14    (e)  If the support order was entered by or registered with a court of
15  this state, the notice of intent to initiate income withholding shall be
16  served on the responsible parent by first class mail, with service complete
17  upon deposit in the United States mail [only personal service or reg-
18  istered mail, return receipt requested]. In all other cases, the notice
19  of intent to initiate income withholding shall be served upon the respon-
20  sible parent in any manner permitted for service of summons and petition
21  pursuant to article 3 of chapter 60 of the Kansas Statutes Annotated, and
22  amendments thereto [only by personal service or registered mail,
23  return receipt requested].
24    New Sec. 17.  (a) At any time after issuing an income withholding
25  order, the secretary shall: (1) Modify or terminate the income withholding
26  order because of a modification or termination of the underlying support
27  order; (2) modify the amount of income withheld to reflect payment in
28  full of the arrearages; (3) modify or terminate the income withholding
29  order to reflect the final order in a fair hearing pursuant to K.S.A. 75-
30  3306 and amendments thereto; or (4) modify, or when appropriate ter-
31  minate, an income withholding order consisting in whole or in part of a
32  medical withholding order because of a modification or termination of
33  the underlying medical child support order.
34    (b)  In addition to modifications required by subsection (a), at any
35  time the secretary may issue a modified income withholding order: (1)
36  To change the amount to be withheld to defray arrearages; or (2) to
37  conform the terms of a medical withholding order to the requirements
38  of a payer. The provisions of this subsection shall apply only to income
39  withholding orders issued pursuant to section 16, and amendments
40  thereto, including any modifications of such orders.
41    (c)  The secretary shall provide notice of any proposed modification
42  to the responsible parent by first class mail [only personal service or
43  registered mail, return receipt requested] at least 14 days before
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  entry of the modified income withholding order. The responsible parent
 2  may request: (1) An administrative hearing pursuant to K.S.A. 75-3306,
 3  and amendments thereto, for review of the proposed modification by
 4  complying with procedures established by the secretary within ten days
 5  after service of the notice; or (2) a de novo court review pursuant to
 6  section 8, and amendments thereto. If the notice is served by mail, the
 7  time for requesting review shall be extended by three days. If the pro-
 8  posed modification increases the total amount to be withheld from the
 9  responsible parent's income, entry of the modified income withholding
10  order shall be stayed pending resolution of the review. In all other in-
11  stances, entry of the proposed modification shall be stayed only for cause.
12  The issues in the administrative hearing shall be limited to whether the
13  amount of current support is as stated in the proposed modification and
14  whether the total arrearages are less than the proposed installment to
15  defray arrearages.
16    (d)  The responsible parent may request that the secretary terminate
17  an income withholding order for cash support if: (1) Withholding has not
18  previously been terminated and reinitiated; and (2) there is a written
19  agreement among the parties that provides for an alternative arrange-
20  ment. If an income withholding order is terminated and the obligor sub-
21  sequently accrues any arrearages, the secretary may issue another income
22  withholding order as provided in section 16 and amendments thereto.
23    (e)  If the income withholding order includes both a medical with-
24  holding order and an income withholding order for cash support, modi-
25  fication or termination of one portion of the income withholding order
26  shall not modify or terminate any other portion of the income withholding
27  order except as expressly provided in the order.
28    (f)  The provisions of section 16 and amendments thereto, relating to
29  transmitting income withholding orders to the tribunal that issued the
30  underlying support order, shall apply to any order issued modifying or
31  terminating income withholding that is issued pursuant to this section.
32    New Sec. 18.  (a) The responsible parent may request: (1) An admin-
33  istrative hearing pursuant to K.S.A. 75-3306, and amendments thereto,
34  for review of a notice of intent to initiate income withholding served
35  pursuant to section 16 and amendments thereto by complying with pro-
36  cedures established by the secretary within seven days after service of the
37  notice of intent; or (2) a de novo court review pursuant to section 8, and
38  amendments thereto. If the notice is served by mail, the time for re-
39  questing review shall be extended by three days. The request for review
40  shall specify the mistake of fact alleged to be the basis for the stay or any
41  applicable defense under this section. If the amount of the current sup-
42  port order or the amount of arrearages is challenged, the request shall
43  specify the amount that is uncontested.
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1    (b)  The issues on review shall be limited to whether a mistake of fact
 2  existed at the time the notice to the responsible parent was prepared or,
 3  if specified in the request for review, whether a defense exists under this
 4  section. As used in this section, ``mistake of fact'' means an incorrect
 5  statement of the amount of current support due, the amount of arrear-
 6  ages, the amount of income to be withheld or the identity of the respon-
 7  sible parent.
 8    (c)  Except as otherwise provided in this subsection, the presiding
 9  officer shall immediately authorize issuance of an income withholding
10  order upon request of the secretary if the identity of the responsible
11  parent is not contested and the uncontested facts in the case show that
12  the requirements of subsection (d) of section 16 and amendments thereto
13  have been met. If a defense under subsection (g) has been alleged, the
14  presiding officer shall authorize immediate issuance of an income with-
15  holding order only if the uncontested arrearages equal or exceed the
16  amount of support due for one month. A copy of the request shall be
17  served on the responsible parent.  The income withholding order author-
18  ized by this subsection shall specify an amount sufficient to satisfy the
19  order for current support and to defray any arrearages, but only to the
20  extent that each amount is not contested. Any income withholding order
21  issued pursuant to this subsection shall be effective until modified or
22  terminated.
23    (d)  Entry of the income withholding order may be stayed only to the
24  extent permitted by the income withholding act, and amendments
25  thereto, or this section. A request for review under this section shall stay
26  issuance of the administrative income withholding order until further or-
27  der of the presiding officer.
28    (e)  Within 45 days of the date the notice of intent to initiate income
29  withholding was served on the responsible parent, the presiding officer
30  shall provide the responsible parent an opportunity to present the re-
31  sponsible parent's case, determine if an income withholding order may
32  be issued and notify the responsible parent and the secretary whether or
33  not withholding is to occur.
34    (f)  In addition to any other circumstances warranting issuance of an
35  income withholding order under this section and notwithstanding any
36  claim made pursuant to subsection (g), if the presiding officer finds that
37  a notice of intent to initiate income withholding was served on the re-
38  sponsible parent and that there were arrearages, as of the date the notice
39  was prepared, in an amount equal to or greater than the amount of sup-
40  port payable for one month, the presiding officer shall authorize issuance
41  of an income withholding order. Subsequent payments to defray arrear-
42  ages shall not prevent issuance of an income withholding order under this
43  subsection unless there is no current support due and all arrearages are
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  satisfied.
 2    (g)  If an income withholding order was not entered at the time the
 3  support order was entered because the tribunal found that there was good
 4  cause not to order immediate income withholding or that the parties had
 5  entered into an agreement for an alternative arrangement, the responsible
 6  parent may request that income withholding be stayed pursuant to this
 7  subsection.
 8    If the responsible parent shows that the tribunal issuing the support
 9  order found good cause not to require immediate income withholding
10  and that the basis for the finding of good cause still exists, the presiding
11  officer shall stay issuance of the income withholding order unless subsec-
12  tion (f) applies.
13    If the responsible parent shows that the tribunal issuing the support
14  order did not require immediate income withholding based upon an
15  agreement of the interested parties for an alternative arrangement, the
16  presiding officer may stay issuance of the income withholding order un-
17  less the presiding officer finds that: (1) Subsection (f) applies; (2) the
18  agreement was not in writing; (3) the agreement was not approved by all
19  interested parties, including any IV-D agency involved in the case at the
20  time of the agreement; (4) the terms of the agreement or alternative
21  arrangement are not being met; (5) the agreement or alternative arrange-
22  ment is not in the best interests of the child; or (6) the agreement or
23  alternative arrangement places an unnecessary burden upon the custodial
24  parent, the responsible parent, or a public office.
25    (h)  If the proposed administrative income withholding order specifies
26  a periodic amount to defray arrearages, the presiding officer may order
27  a reduction in the periodic amount to defray arrearages only if the total
28  arrearages owed are less than the periodic amount to defray arrearages.
29    New Sec. 19.  (a) Upon determining that arrearages exist in a title IV-
30  D case, the secretary may enforce the support order by an administrative
31  levy upon the responsible parent's cash assets. Any retirement fund that
32  may be revoked or terminated by the responsible parent and is composed
33  of cash assets shall be subject to administrative levy under this section,
34  notwithstanding any other provision of law unless the retirement fund has
35  any primary beneficiary other than the responsible parent or the respon-
36  sible parent's spouse.
37    (b)  To initiate an administrative levy under this section, the secretary
38  shall serve an order to restrict transfer upon the holder of any cash asset
39  of the responsible parent. The secretary may include with the order to
40  restrict transfer an order to verify information concerning the cash asset.
41  Except as otherwise provided pursuant to subsection (i), the order to
42  restrict transfer shall be served in any manner permitted for service of
43  summons and petition pursuant to article 3 of chapter 60 of the Kansas
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  Statutes Annotated, and amendments thereto [only by personal service
 2  or registered mail, return receipt requested].
 3    (c)  The order to restrict transfer shall attach, upon receipt by the
 4  holder, the interest of the responsible parent in any cash asset in the
 5  possession or control of the holder subject to any prior attachment or lien
 6  or any right of setoff that the holder may have against such assets. If the
 7  total value of all attachable cash assets is less than $25 at that time, no
 8  interest shall be attached by the order to restrict transfer. Upon attach-
 9  ment, the holder shall not transfer any of the attached assets without the
10  consent of the secretary until further order of the secretary.
11    (d)  Any cash asset held by the responsible parent in joint tenancy
12  with rights of survivorship shall be presumed to be owned entirely by the
13  responsible parent. The burden of proving otherwise shall be upon any
14  person asserting ownership of any attached cash asset. Neither the holder
15  nor the secretary shall be liable to the joint owners if the ownership of
16  the cash assets is later proven not to be the responsible parent's.
17    (e)  The holder shall promptly notify any co-owner of the cash asset
18  or account about the attachment if the co-owner's interest appears to be
19  affected by the attachment.
20    (f)  If an order to restrict transfer is issued, the secretary shall simul-
21  taneously send notice to the responsible parent by first class mail [only
22  personal service or registered mail, return receipt requested]. The
23  notice shall state when review is available and how to request review.
24    (g)  If the secretary includes with the order to restrict transfer an
25  order to verify information, the holder shall comply with the terms of the
26  order to verify information within 14 days of receipt.
27    (h)  If the time allowed to request an administrative hearing has
28  elapsed and the proposed levy has not been challenged or the challenge
29  has been resolved, in whole or in part, in favor of the secretary, the
30  secretary shall issue an order to the holder to disburse the attached funds.
31    (i)  If the holder is a financial institution that has entered into an
32  agreement with the secretary, the agreement may provide for alternative
33  methods of: (1) Notifying the financial institution to restrict transfer of
34  cash assets or to disburse proceeds of the order; (2) resolving disputes
35  between the financial institution and the secretary concerning an admin-
36  istrative levy; and (3) exchanging any data related to the IV-D program.
37    (j)  The exemptions contained in article 23 of chapter 60 shall apply
38  to any attachment under this section.
39    (k)  The responsible parent, the holder or any co-owner may contest
40  any order entered under this section that affects the person's rights or
41  duties. The aggrieved person may request: (1) an administrative hearing
42  pursuant to K.S.A. 75-3306, and amendments thereto, by complying with
43  procedures established by the secretary within ten days after entry of the
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  order being contested; or (2) a de novo court review pursuant to section
 2  8, and amendments thereto. If the order is served on the person by mail,
 3  the person's time for requesting review shall be extended by three days.
 4    (l)  Except as otherwise provided in this subsection, the effect of an
 5  order to restrict transfer may be stayed pending resolution of any admin-
 6  istrative hearing only upon request and only if the person requesting the
 7  stay posts a cash or surety bond or provides other unencumbered security
 8  equal in value to the amount of the attached assets. Upon notice and
 9  opportunity for hearing, the presiding officer may stay or limit the effect
10  of an order to restrict transfer if the request for stay is accompanied by
11  a sworn statement that the responsible parent is not the owner of the
12  attached assets.
13    The effect of an order to verify information or an order to disburse
14  attached funds shall be stayed only at the discretion of the presiding
15  officer.
16    (m)  An order issued pursuant to this section whose effect has not
17  been stayed may be enforced pursuant to the civil enforcement provisions
18  of the act for judicial review and civil enforcement of agency actions,
19  K.S.A. 77-601 et seq., and amendments thereto, after the time for com-
20  pliance with the order has expired. An order issued pursuant to this sec-
21  tion shall not be enforceable more than two years after the date of entry
22  shown on the face of the order.
23    New Sec. 20.  (a) Nothing in this section shall be construed to prevent
24  the secretary from redirecting support payments by filing a notice of as-
25  signment pursuant to K.S.A. 39-754 and amendments thereto, or to re-
26  quire the secretary to issue an order to change payee in lieu of filing such
27  a notice of assignment.
28    (b)  If a support order has been entered in any IV-D case, the sec-
29  retary may enter an order to change the payee. The order may be directed
30  to the clerk of court or any other payer under the support order and shall
31  require payments to be made and disbursed as provided in the order to
32  change payee until further notice. The order to change payee shall be
33  served on the clerk of the court or other payer by first class mail [only
34  personal service or registered mail, return receipt requested]. The
35  secretary shall serve a copy of the order to change payee on the respon-
36  sible parent and the custodial parent and, if the previous payee is a real
37  party in interest, upon the previous payee by first class mail [only per-
38  sonal service or registered mail, return receipt requested]. An or-
39  der to change payee may be entered pursuant to this section only if the
40  payer is subject, or may be made subject, to the jurisdiction of the courts
41  of this state. The jurisdiction of the secretary over the payer for purposes
42  of this section shall commence when the payer is served with the order
43  to change payee and shall continue so long as the order to change payee
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  is in effect and has not been superseded.
 2    (c)  If an order to change payee is directed to any payer other than
 3  the clerk of court, a copy shall also be filed with the tribunal that issued
 4  the support order.
 5    (d)  If the underlying support order was entered or has been regis-
 6  tered in this state, no order to change payee issued by any IV-D agency
 7  shall be effective to require any payer, other than a clerk of court, to send
 8  payments to any location other than to the clerk of court where the sup-
 9  port order was entered or registered, a location specified in the support
10  order or a location specified by court rule. If the clerk of court receives
11  an order to change payee from anyone other than the secretary and a
12  notice of assignment pursuant to K.S.A. 39-754 and amendments thereto
13  or a conflicting order to change payee is still in effect, the clerk of court
14  may at any time request an administrative hearing pursuant to K.S.A. 75-
15  3306, and amendments thereto, by complying with procedures estab-
16  lished by the secretary.
17    (e)  If the underlying support order was not entered and has not been
18  registered in this state, any person whose interest may be prejudiced by
19  the order to change payee may request: (1) An administrative hearing
20  pursuant to K.S.A. 75-3306, and amendments thereto, by complying with
21  procedures established by the secretary within 10 days after entry of the
22  order being contested; or (2) a de novo court review pursuant to section
23  8, and amendments thereto. If the order is served on the person by mail,
24  the person's time for requesting review shall be extended by three days.
25    (f)  An order to change payee issued by a IV-D agency in another state
26  shall have the same force and effect in this state, and be subject to the
27  same limitations, as an order to change payee issued by the secretary
28  under this section. Upon request of a IV-D agency in another state, the
29  secretary may enforce such an order to change payee as though it had
30  been issued by the secretary of social and rehabilitation services. By serv-
31  ing an order to change payee related to a support order entered in this
32  state, such IV-D agency shall be deemed to have consented to the juris-
33  diction of this state to determine how payments will be directed to main-
34  tain accurate payment records and rapid disbursement of support collec-
35  tions.
36    (g)  As used in this section, ``clerk of court'' includes any district court
37  trustee generally designated to process support payments and includes
38  any disbursement unit or entity that may be established by court rule to
39  process support payments.
40    (h)  In an administrative hearing pursuant to K.S.A. 75-3306, and
41  amendments thereto, the effect of an order to change payee may be
42  stayed only upon request and only if the new payee is a person or entity
43  other than the clerk of the court.
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1    (i)  An order issued pursuant to this section whose effect has not been
 2  stayed may be enforced pursuant to the civil enforcement provisions of
 3  the act for judicial review and civil enforcement of agency actions, K.S.A.
 4  77-601 et seq., and amendments thereto, after the time for compliance
 5  with the order has expired.
 6    New Sec. 21.  If arrearages have accrued under a support order en-
 7  tered by or registered with a court of this state, the secretary may issue
 8  execution pursuant to K.S.A. 60-2401 and amendments thereto.
 9    Sec. 22.  K.S.A. 23-4,101 is hereby amended to read as follows: 23-
10  4,101. (a) If the attorney general finds that reciprocal provisions are avail-
11  able in a foreign nation or a state of a foreign nation for the enforcement
12  of support orders issued in this state, the attorney general may declare
13  the foreign nation or state of a foreign nation to be a reciprocating state
14  for the purpose of K.S.A. 23-451 et seq. and amendments thereto.
15    (b)  establishing or enforcing any duty of support. A declaration made
16  pursuant to this section subsection may be revoked by the attorney gen-
17  eral.
18    (b)  The attorney general shall review any declaration made pursuant
19  to subsection (a) to determine whether the declaration should be revoked
20  if all or part of the same jurisdiction was declared a foreign reciprocating
21  country by the United States secretary of state and the declaration by the
22  United States secretary of state has been revoked.
23    Sec. 23.  K.S.A. 23-4,106 is hereby amended to read as follows: 23-
24  4,106. As used in the income withholding act:
25    (a)  ``Arrearage'' means the total amount of unpaid support which is
26  due and unpaid under an order for support, based upon the due date
27  specified in the order for support or, if no specific date is stated in the
28  order, the last day of the month in which the payment is to be made. If
29  the order for support includes a judgment for reimbursement, an arrear-
30  age equal to or greater than the amount of support payable for one month
31  exists on the date the order for support is entered.
32    (b)  ``Business day'' means a day on which state offices in Kansas are
33  open for regular business.
34    (b) (c)  ``Health benefit plan'' means any benefit plan, other than pub-
35  lic assistance, which is able to provide hospital, surgical, medical, dental
36  or any other health care or benefits for a child, whether through insurance
37  or otherwise, and which is available through a parent's employment or
38  other group plan.
39    (c) (d)  ``Income'' means any form of periodic payment to an individ-
40  ual, regardless of source, including, but not limited to, wages, salary, trust,
41  royalty, commission, bonus, compensation as an independent contractor,
42  annuity and retirement benefits, workers compensation and any other
43  periodic payments made by any person, private entity or federal, state or
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  local government or any agency or instrumentality thereof. ``Income''
 2  does not include: (1) Any amounts required by law to be withheld, other
 3  than creditor claims, including but not limited to federal and state taxes,
 4  social security tax and other retirement and disability contributions; (2)
 5  any amounts exempted by federal law; (3) public assistance payments;
 6  and (4) unemployment insurance benefits except to the extent otherwise
 7  provided by law. Any other state or local laws which limit or exempt
 8  income or the amount or percentage of income that can be withheld shall
 9  not apply. Workers compensation shall be considered income only for the
10  purposes of child support and not for the purposes of maintenance.
11    (d) (e)  ``Income withholding order'' means an order issued under this
12  act which requires a payor to withhold income to satisfy an order for
13  support or to defray an arrearage.
14    (e) (f)  ``Medical child support order'' means an order requiring a par-
15  ent to provide coverage for a child under a health benefit plan and, where
16  the context requires, may include an order requiring a payor to enroll a
17  child in a health benefit plan.
18    (f) (g)  ``Medical withholding order'' means an income withholding
19  order which requires an employer, sponsor or other administrator of a
20  health benefit plan to enroll a child under the health coverage of a parent.
21    (g) (h)  ``Nonparticipating parent'' means, if one parent is a partici-
22  pating parent as defined in this section, the other parent.
23    (h) (i)  ``Obligee'' means the person or entity to whom a duty of sup-
24  port is owed.
25    (i) (j)  ``Obligor'' means any person who owes a duty to make payments
26  or provide health benefit coverage under an order for support.
27    (j) (k)  ``Order for support'' means any order of a court, or of an ad-
28  ministrative agency authorized by law to issue such an order, which pro-
29  vides for payment of funds for the support of a child, or for maintenance
30  of a spouse or ex-spouse, and includes an order which provides for mod-
31  ification or resumption of a previously existing order; payment of unin-
32  sured medical expenses; payment of an arrearage accrued under a pre-
33  viously existing order; a reimbursement order, including but not limited
34  to an order established pursuant to K.S.A. 39-718a or 39-718b, and
35  amendments thereto; an order established pursuant to K.S.A. 23-451 et
36  seq. and amendments thereto; or a medical child support order.
37    (k) (l)  ``Participating parent'' means a parent who is eligible for single
38  coverage under a health benefit plan as defined in this section, regardless
39  of the type of coverage actually in effect, if any.
40    (l) (m)  ``Payor'' means any person or entity owing income to an obligor
41  or any self-employed obligor and includes, with respect to a medical child
42  support order, the sponsor or administrator of a health benefit plan.
43    (m) (n)  ``Public office'' means any elected or appointed official of the
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  state or any political subdivision or agency of the state, or any subcon-
 2  tractor thereof, who is or may become responsible by law for enforcement
 3  of, or who is or may become authorized to enforce, an order for support,
 4  including but not limited to the department of social and rehabilitation
 5  services, court trustees, county or district attorneys and other subcon-
 6  tractors.
 7    (n) (o)  ``Title IV-D'' means part D of title IV of the federal social
 8  security act (42 U.S.C. (section) 651 et seq.) and amendments thereto, as in effect
 9  on May 1, 1997. ``Title IV-D cases'' means those cases required by part
10  D of title IV of the federal social security act (42 U.S.C. (section) 651 et seq.),
11  as amended, title IV-D to be processed by the department of social and
12  rehabilitation services under the state's plan for support enforcement pro-
13  viding title IV-D services.
14    Sec. 24.  K.S.A. 23-4,107 is hereby amended to read as follows: 23-
15  4,107. (a) Any new or modified order for support entered on or after
16  January 1, 1986, shall include a provision for the withholding of income
17  to enforce the order for support. Except as otherwise provided in sub-
18  section (b) or (c), withholding shall take effect only if there is: (1) An
19  arrearage in an amount equal to or greater than the amount of support
20  payable for one month; and (2) compliance with requirements of subsec-
21  tions (d) and (h).
22    (b)  Except as otherwise provided in this subsection or in subsection
23    (j), (k) or (m) (l), all new or modified orders for support entered on or
24  after October 1, 1990, in title IV-D cases and all new or modified orders
25  for support entered on or after July 1, 1993, in all other cases shall provide
26  for immediate issuance of an income withholding order. Prior to July 1,
27  1993, whenever an order of support is entered or modified in a case other
28  than a title IV-D case, the court shall have discretion to order immediate
29  issuance of an income withholding order. The income withholding order
30  shall be issued without further notice to the obligor specifying and shall
31  specify an amount sufficient to satisfy the order for support and to defray
32  any arrearage. The income withholding order shall be issued regardless
33  of whether a payor subject to the jurisdiction of this state can be identified
34  at the time the order for support is entered.
35    (c)  If the provisions of subsection (b) do not apply, the obligee or
36  public office may file a motion in a title IV-D case requesting that an
37  income withholding order be issued regardless of the amount of the ar-
38  rearage. If no arrearage existed as of the date the notice pursuant to
39  subsection (h) was served upon the obligor, the motion shall only be
40  granted if the court finds that good cause exists for issuing the income
41  withholding order or if the obligor consents to issuance of an income
42  withholding order. If the motion is granted, an Except as otherwise pro-
43  vided in this subsection or subsections (j) or (l), if no income withholding
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  order is in effect to enforce the support order, an income withholding
 2  order shall be issued by the court upon request of the obligee or public
 3  office, provided that the obligor accrued an arrearage equal to or greater
 4  than the amount of support payable for one month and the requirements
 5  of subsections (d) and (h) have been met. The income withholding order
 6  shall be issued without further notice to the obligor specifying and shall
 7  specify an amount sufficient to satisfy the order for support and to defray
 8  any arrearage. The income withholding order may shall be issued regard-
 9  less of whether a payor subject to the jurisdiction of this state can be
10  identified at the time the income withholding order is issued.
11    (d) (1)  Not less than seven days after the obligee or public office has
12  served a notice of intent to apply for an income withholding order pur-
13  suant to subsection (h), the obligee or public office may initiate income
14  withholding pursuant to paragraph (1) or (2).
15    (1)  The obligee or public office may apply for an income withholding
16  order by filing with the court an affidavit stating: (A) The date that the
17  notice was served on the obligor and the manner of service; (B) that the
18  obligor has not filed a motion to stay issuance of the income withholding
19  order or, if a motion to stay has been filed, the reason an income with-
20  holding order must be issued immediately; (C) a specified amount to be
21  withheld by the payor to satisfy the order of support and to defray any
22  arrearage; (D) whether the income withholding order is to include a med-
23  ical withholding order; and (E) except in title IV-D cases, that the amount
24  of the arrearage as of the date the notice to the obligor was prepared was
25  equal to or greater than the amount of support payable for one month.
26  In addition to any other penalty provided by law, the filing of such an
27  affidavit with knowledge of the falsity of a material declaration is punish-
28  able as a contempt.
29    (2)  Upon the filing of an the affidavit pursuant to paragraph (1), the
30  income withholding order shall be issued without further notice to the
31  obligor, hearing or amendments of the support order. Payment of all or
32  part of the arrearage before issuance of the income withholding order
33  shall not prevent issuance of the income withholding order, unless the
34  arrearage is paid in full and the order for support does not include an
35  amount for the current support of a person. No affidavit is required if the
36  court, upon hearing a motion to stay issuance of the income withholding
37  order or otherwise, issues an income withholding order.
38    (2)  In a title IV-D case, the IV-D agency may issue an income with-
39  holding order as authorized by section 16, and amendments thereto. Any
40  such income withholding order shall be considered an income withholding
41  order issued pursuant to this act.
42    (e) (1)  An income withholding order shall be directed to any payor
43  of the obligor. Notwithstanding any other requirement of this act as to
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 1  form or content, any income withholding order prepared in a standard
 2  format prescribed by the secretary of social and rehabilitation services
 3  shall be deemed to be in compliance with this act.
 4    (2)  An income withholding order which does not include a medical
 5  withholding order shall require the payor to withhold from any income
 6  due, or to become due, to the obligor a specified amount sufficient to
 7  satisfy the order of support and to defray any arrearage and shall include
 8  notice of and direction to comply with the provisions of K.S.A. 23-4,108
 9  and 23-4,109, and amendments thereto.
10    (3)  An income withholding order which consists only of a medical
11  withholding order shall include notice of the medical child support order
12  and shall conform to the requirements of K.S.A. 23-4,121 and amend-
13  ments thereto. The medical withholding order shall include notice of and
14  direction to comply with the requirements of K.S.A. 23-4,108, 23-4,109,
15  23-4,119 and 23-4,122 and amendments thereto.
16    (4)  An income withholding order which includes both a medical with-
17  holding order and an income withholding order for cash support shall
18  meet the requirements of paragraphs (2) and (3).
19    (f)(1)  Upon written request and without the requirement of further
20  notice to the obligor, the clerk of the district court shall cause a copy of
21  the income withholding order to be served on the payor in any manner
22  permitted for service of summons and petition by the statutes contained
23  in article 3 of chapter 60 of the Kansas Statutes Annotated and acts amen-
24  datory thereof or supplemental thereto [only by personal service or
25  registered mail, return receipt requested].
26    (2)  Without the requirement of further notice to the obligor, the IV-
27  D agency may cause a copy of any income withholding order to be served
28  on the payor by first class mail, by any means permitted for service of
29  summons and petition by the statutes contained in article 3 of chapter 60
30  of the Kansas Statutes Annotated and acts amendatory thereof or supple-
31  mental thereto [only by personal service or registered mail, return
32  receipt requested] or by any alternate method acceptable to the payor.
33  No payor shall be liable to any person solely because of the method of
34  service accepted by the payor.
35    (3)  As used in this section, ``copy of the income withholding order''
36  means any document or notice, regardless of format, that advises the
37  payor of the same general duties, requires the same amount to be withheld
38  from income and requires medical withholding to the same extent as the
39  original income withholding order.
40    (g)  An income withholding order shall be binding on any existing or
41  future payor on whom a copy of the order is served and shall require the
42  continued withholding of income from each periodic payment of income
43  until further order of the court or agency that issued the income with-
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 1  holding order. At any time following issuance of an income withholding
 2  order, the obligee, obligor or public office may request service of a copy
 3  of the income withholding order may be served on any payor without the
 4  requirement of further notice to the obligor.
 5    (h)  Except as provided in subsection (k), or (l) or (m), at any time
 6  following entry of an order for support the obligee or public office may
 7  serve upon the obligor a written notice of intent to apply for issuance of
 8  an initiate income withholding order. If any notice in the court record
 9  indicates that title IV-D services are being provided in the case, whether
10  or not the IV-D services include enforcement of current support, the per-
11  son or public office requesting issuance of the income withholding order
12  shall obtain the consent of the IV-D agency to the terms of the proposed
13  income withholding order.
14    The notice of intent to initiate income withholding shall be served on
15  the obligor by first-class mail or in the manner for service of a summons
16  pursuant to the statutes contained in article 3 of chapter 60 of the Kansas
17  Statutes Annotated and acts amendatory thereof or supplemental thereto
18  at least seven days before the date the affidavit is filed [only by personal
19  service or registered mail, return receipt requested]. The notice
20  served on the obligor must state: (1) The terms of the order of support
21  and the total arrearage as of the date the notice was prepared; (2) the
22  amount of income that will be withheld, not including premiums to satisfy
23  a medical withholding order; (3) whether a medical withholding order
24  will be requested included; (4) that the provision for withholding applies
25  to any current or subsequent payor; (5) the procedures available for con-
26  testing the withholding and that the only basis for contesting the with-
27  holding is a mistake of fact concerning the amount of the support order,
28  the amount of the arrearage, the amount of income to be withheld or the
29  proper identity of the obligor; (6) the period within which the obligor
30  must file a motion act to stay issuance of the income withholding order
31  and that failure to take such action within the specified time will result
32  in payors' being ordered to begin withholding; and (7) the action which
33  will be taken if the obligor contests the withholding.
34    The obligor may, at any time, waive in writing the notice required by
35  this subsection.
36    (i)  On request of an obligor, the court shall issue an income with-
37  holding order which shall be honored by a payor regardless of whether
38  there is an arrearage. Nothing in this subsection shall limit the right of
39  the obligee to request modification of the income withholding order.
40    (j) (1)  Before entry of a new or modified order for support, a party
41  may request that no income withholding order be issued pursuant to
42  subsection (b) if notice of the request has been served on all interested
43  parties and: (A) The party demonstrates, and the court finds, that there
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 1  is good cause not to require immediate income withholding, or (B) a
 2  written agreement among all interested parties provides for an alternative
 3  arrangement. In a title IV-D case, the determination that there is good
 4  cause not to require immediate income withholding must include a find-
 5  ing that immediate income withholding would not be in the child's best
 6  interests and, if an obligor's existing obligation is being modified, proof
 7  of timely payment of previously ordered support.
 8    (2)  Notwithstanding the provisions of subsection (j)(1), the court shall
 9  issue an income withholding order when an affidavit pursuant to subsec-
10  tion (d) is filed if an arrearage exists in an amount equal to or greater
11  than the amount of support payable for one month.
12    (3)  If a notice pursuant to subsection (h) has been served in a title
13  IV-D case, there is no arrearage or the arrearage is less than the amount
14  of support payable for one month, and the obligor files a motion to stay
15  issuance of the income withholding order based upon the court's previous
16  finding of good cause not to require immediate income withholding pur-
17  suant to subsection (j)(1), the obligor must demonstrate the continued
18  existence of good cause. Unless the court again finds that good cause not
19  to require immediate income withholding exists, the court shall issue the
20  income withholding order.
21    (4)  If a notice pursuant to subsection (h) has been served in a title
22  IV-D case, there is no arrearage or the arrearage is less than the amount
23  of support payable for one month, and the obligor files a motion to stay
24  issuance of an income withholding order based upon a previous agree-
25  ment of the interested parties for an alternative arrangement pursuant to
26  subsection (j)(1), the court shall issue an income withholding order, not-
27  withstanding any previous agreement, if the court finds that:
28    (A)  The agreement was not in writing;
29    (B)  the agreement was not approved by all interested parties;
30    (C)  the terms of the agreement or alternative arrangement are not
31  being met;
32    (D)  the agreement or alternative arrangement is not in the best in-
33  terests of the child; or
34    (E)  the agreement or alternative arrangement places an unnecessary
35  burden upon the obligor, obligee or a public office.
36    (5)  The procedures and requirements of K.S.A. 23-4,110 and amend-
37  ments thereto apply to any motion pursuant to paragraph (3) or (4) of
38  this subsection (j).
39    (k) (1)  An ex parte interlocutory order for support may be enforced
40  pursuant to subsection (b) or (c) only if the obligor has consented to the
41  income withholding in writing.
42    (2)  An ex parte interlocutory order for support may be enforced pur-
43  suant to subsection (d) (c) only if 10 or more days have elapsed since the
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 1  order for support was served on the obligor.
 2    (3)  Any other interlocutory order for support may be enforced by
 3  income withholding pursuant to this act in the same manner as a final
 4  order for support.
 5    (4)  No bond shall be required for the issuance of an income with-
 6  holding order to enforce an interlocutory order pursuant to this act.
 7    (l)  If the provisions of subsection (b) do not apply and the case is not
 8  a title IV-D case, a notice of intent to apply for issuance of an income
 9  withholding order may be served on the obligor only if there is an ar-
10  rearage, as of the date the notice is prepared, in an amount equal to or
11  greater than the amount of support payable for one month.
12    (m) (l)  All new or modified orders for maintenance of a spouse or ex-
13  spouse, except orders for a spouse or ex-spouse living with a child for
14  whom an order of support is also being enforced, entered on or after July
15  1, 1992, shall include a provision for the withholding of income to enforce
16  the order of support. Unless the parties consent in writing to earlier is-
17  suance of a withholding order, withholding shall take effect only after
18  there is an arrearage in an amount equal to or greater than the amount
19  of support payable for two months and after service of a notice as provided
20  in subsection (h).
21    Sec. 25.  K.S.A. 23-4,108 is hereby amended to read as follows: 23-
22  4,108. (a) It shall be the affirmative duty of any payor to respond within
23  10 days to written requests for information presented by the public office
24  concerning: (1) The full name of the obligor; (2) the current address of
25  the obligor; (3) the obligor's social security number; (4) the obligor's work
26  location; (5) the number of the obligor's claimed dependents; (6) the
27  obligor's gross income; (7) the obligor's net income; (8) an itemized state-
28  ment of deductions from the obligor's income; (9) the obligor's pay sched-
29  ule; (10) the obligor's health insurance coverage; and (11) whether or not
30  income owed the obligor is being withheld pursuant to this act. This is
31  an exclusive list of the information that the payor is required to provide
32  under this section.
33    (b)  It shall be the duty of any payor who has been served an income
34  withholding order for payment of an order for cash support to deduct
35  and pay over income as provided in this section. The payor shall begin
36  the required deductions no later than the next payment of income due
37  the obligor after 14 days following service of the order on the payor.
38    (c)  Within 10 seven business days of the time the obligor is normally
39  paid, the payor shall pay the amount withheld as directed by the income
40  withholding agency pursuant to K.S.A. 23-4,109 and amendments
41  thereto, otherwise to the clerk of court or court trustee as directed by the
42  income withholding order or by a rule of the Kansas supreme court. The
43  payor shall identify each payment with the name of the obligor, the county
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 1  and case number of the income withholding order, and the date the in-
 2  come was withheld from the obligor. A payor subject to more than one
 3  income withholding order from a single county payable to the same payee
 4  may combine the amounts withheld into a single payment, but only if the
 5  amount attributable to each income withholding order is clearly identi-
 6  fied. Premiums required for a child's coverage under a health benefit
 7  plan shall be remitted as provided in the health benefit plan and shall not
 8  be combined with any other support payment required by the income
 9  withholding order.
10    (d)  The payor shall continue to withhold income as required by the
11  income withholding order until further order of the court or agency.
12    (e)  From income due the obligor, the payor may withhold and retain
13  to defray the payor's costs a cost recovery fee of $5 for each pay period
14  for which income is withheld or $10 for each month for which income is
15  withheld, whichever is less. Such cost recovery fee shall be in addition to
16  the amount withheld as support.
17    (f)  The entire sum withheld by the payor, including the cost recovery
18  fee and premiums due from the obligor which are incurred solely because
19  of a medical withholding order, shall not exceed the limits provided for
20  under section 303(b) of the consumer credit protection act (15 U.S.C. (section)
21  1673(b)). If amounts of earnings required to be withheld exceed the max-
22  imum amount of earnings which may be withheld according to the con-
23  sumer credit protection act, priority shall be given to payment of current
24  and past due support, and the payor shall promptly notify the holder of
25  the limited power of attorney of any nonpayment of premium for a health
26  benefit plan on the child's behalf. An income withholding order issued
27  pursuant to this act shall not be considered a wage garnishment as defined
28  in subsection (b) of K.S.A. 60-2310 and amendments thereto. If amounts
29  of earnings required to be withheld in accordance with this act are less
30  than the maximum amount of earnings which could be withheld according
31  to the consumer credit protection act, the payor shall honor garnishments
32  filed by other creditors to the extent that the total amount taken from
33  earnings does not exceed consumer credit protection act limitations.
34    (g)  The payor shall promptly notify the clerk of the district court or
35  the court trustee court or agency that issued the income withholding order
36  of the termination of the obligor's employment or other source of income,
37  or the layoff of the obligor from employment, and provide the obligor's
38  last known address and the name and address of the individual's current
39  employer, if known.
40    (h)  Payment as required by an income withholding order issued un-
41  der this act shall be a complete defense by the payor against any claims
42  of the obligor or the obligor's creditors as to the sums paid. A payor who
43  complies with an income withholding order that is regular on its face shall
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  not be subject to civil liability to any person or agency for conduct in
 2  compliance with the income withholding order.
 3    (i)  Except as provided further, if any payor violates the provisions of
 4  this act, the court shall may enter a judgment against the payor for the
 5  total amount which should have been withheld and paid over and may
 6  enter judgment against the payor to the extent of the total arrearage, as
 7  defined in K.S.A. 23-4,106, and amendments thereto, owed. If the payor,
 8  without just cause or excuse, intentionally fails to pay over income within
 9  the time established in subsection (c) and the obligee files a motion to
10  have such income paid over, the court shall enter a judgment against the
11  payor and in favor of the obligee for three times the amount of the income
12  owed and reasonable attorney fees.
13    (j)  Any In addition to any judgment authorized by subsection (i), a
14  payor who intentionally discharges, refuses to employ or takes disciplinary
15  action against an obligor solely because of an income withholding order
16  issued under this act shall be subject to a civil penalty not exceeding $500
17  and such other equitable relief as the court considers proper if the payor:
18    (1) Discharges, refuses to employ or takes disciplinary action against an
19  obligor subject to an income withholding order because of such withhold-
20  ing and the obligations or additional obligations which it imposes upon
21  the payor; or (2) fails to withhold support from income or to pay such
22  amounts in the manner required by this act.
23    Sec. 26.  K.S.A. 23-4,109 is hereby amended to read as follows: 23-
24  4,109. (a) An income withholding order issued under this act shall have
25  priority over any other legal process under state law against the same
26  income. Withholding of income under this section shall be made without
27  regard to any prior or subsequent garnishments, attachments, wage as-
28  signments or other claims of creditors.
29    (b)  Except as provided by this act K.S.A. 60-2310, and amendments
30  thereto, any state law which limits or exempts income from legal process
31  or the amount or percentage of income that can be withheld shall not
32  apply to withholding income under this act.
33    (c)  If Subject to the provisions of section 47 and amendments thereto,
34  if more than one income withholding order requires withholding from
35  the same source of income of a single obligor, the payor shall withhold
36  and disburse as ordered the total amount required by all income with-
37  holding orders if such amount does not exceed the limits of subsection
38    (f) of K.S.A. 23-4,108 and amendments thereto, as shown in the with-
39  holding order which specifies the highest percentage of income allowed
40  to be withheld. If the total amount required by all income withholding
41  orders, including premiums due from the obligor which are incurred
42  solely because of a medical withholding order, exceeds such limits, the
43  payor shall withhold the amount permitted to be withheld under such
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  limits and from the amount withheld the payor shall retain any cost re-
 2  covery fee charged by the payor. The remaining funds shall first be pro-
 3  rated by the payor among all income withholding orders for the obligor
 4  that require payment of current support. When all current support for
 5  the month has been satisfied, any remaining funds shall be prorated
 6  among all income withholding orders for the obligor that require payment
 7  of an amount for arrearages. The With respect to a medical withholding
 8  order, the payor shall promptly notify the affected holder of the limited
 9  power of attorney of any nonpayment of premium. The payor may request
10  assistance from the income withholding agency in determining the
11  amount to be disbursed for each income withholding order, but such
12  assistance shall not relieve the payor from any responsibility under this
13  act. Upon request of a public office or of any obligee whose income
14  withholding order is affected by this subsection, the payor shall provide
15  the county, case number and terms of all the obligor's income withholding
16  orders.
17    (d)  The provisions of this section as amended by this act shall apply
18  to all income withheld on or after July 1, 1992, regardless of when the
19  applicable income withholding order was entered or modified.
20    Sec. 27.  K.S.A. 23-4,110 is hereby amended to read as follows: 23-
21  4,110. This section shall not apply if the notice of intent to initiate income
22  withholding was issued by the IV-D agency pursuant to section 16 and
23  amendments thereto.
24    (a)  A motion to stay issuance of the income withholding order must
25  be filed with the court and a copy served on the obligee or public office
26  within seven days after service on the obligor of a notice pursuant to
27  subsection (h) of K.S.A. 23-4,107 and amendments thereto. Except as
28  provided in subsection (j) of K.S.A. 23-4,107 and amendments thereto,
29  the grounds for obtaining the stay shall be limited to a mistake of fact in
30  the notice concerning the amount of the order for support, the amount
31  of the arrearage, the amount of income to be withheld or the proper
32  identity of the obligor. The motion shall specify the mistake of fact alleged
33  to be the basis for the motion. If the amount of the order for support or
34  the amount of the arrearage is challenged, the motion shall specify the
35  amount of the order for support or the arrearage which is uncontested.
36  In addition to any other penalty provided by law, filing a motion to stay
37  with knowledge of the falsity of any material declaration or without spec-
38  ifying the uncontested amount of the order for support or the arrearage,
39  when required, is punishable as a contempt.
40    (b)  The court, upon notice of the date, time and place of hearing to
41  the obligor and the obligee or public office, shall hear the matter within
42  14 days after the motion to stay issuance of the income withholding order
43  is filed with the court.
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 1    (c) (1)  If a motion to stay has been filed and the identity of the ob-
 2  ligor is not contested, the obligee, obligor or public office may apply for
 3  immediate issuance of an income withholding order pursuant to subsec-
 4  tion (d) of K.S.A. 23-4,107 and amendments thereto pending resolution
 5  of the contested issues. The affidavit shall specify an amount sufficient to
 6  satisfy the order for support or the arrearage only to the extent that the
 7  amount of the order for support or the arrearage is not contested. A copy
 8  of the affidavit shall be served on the obligor.
 9    (2)  Whenever an affidavit has been filed as provided in this subsec-
10  tion, the court shall immediately issue the income withholding order.
11    (d)  If the court cannot promptly resolve all issues, the court may
12  continue the hearing on the unresolved issues, provided that within 45
13  days of the date the notice was served on the obligor the court notifies
14  the obligor and the obligee or public office of whether or not the with-
15  holding is to occur. If the court upholds the issuance of an income with-
16  holding order in a contested case, the court must include in its order
17  notice of the time within which the withholding will begin and the infor-
18  mation given to the payor as required in K.S.A. 23-4,108 and 23-4,109,
19  and amendments thereto.
20    (e)  In addition to any other circumstances warranting issuance of an
21  income withholding order, if the court finds that a notice of intent to
22  apply for issuance of an initiate income withholding order was served on
23  the obligor and that there was an arrearage, as of the date the notice was
24  prepared, in an amount equal to or greater than the amount of support
25  payable for one month, the court shall issue an income withholding order.
26  The provisions of this subsection shall only apply to an order for support
27  of a spouse or ex-spouse if the spouse or ex-spouse is living with a child
28  for whom an order of support is also being enforced.
29    Sec. 28.  K.S.A. 23-4,111 is hereby amended to read as follows: 23-
30  4,111. This section shall not apply if the income withholding order was
31  issued by the IV-D agency pursuant to section 16 or 17 and amendments
32  thereto, unless IV-D services are no longer being provided with respect
33  to either current support or arrearages.
34    (a)  At any time upon motion the court shall: (1) Modify or terminate
35  the income withholding order because of a modification or termination
36  of the underlying order for support; (2) modify the amount of income
37  withheld to reflect payment in full of the arrearage by income withholding
38  or otherwise; or (3) modify, or when appropriate terminate, an income
39  withholding order consisting in whole or in part of a medical withholding
40  order because of a modification or termination of the underlying medical
41  child support order.
42    (b)  On request of the obligee or public office, the court shall issue
43  an order which modifies the amount of income withheld, subject to the
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  limitations of subsection (f) of K.S.A. 23-4,108 and amendments thereto.
 2    (c)  The obligor may file a motion to terminate an income order for
 3  cash support if: (1) The withholding order has not previously been ter-
 4  minated under this subsection and subsequently initiated; and (2) there
 5  is a written agreement among all interested parties which provides for an
 6  alternative arrangement. Under this subsection, the court may terminate
 7  the income withholding order unless it finds good cause for denying the
 8  motion because of the obligor's payment history or otherwise. If an in-
 9  come withholding order is terminated for any reason and the obligor
10  subsequently becomes delinquent in the payment of the order for sup-
11  port, the obligee or public office may obtain another income withholding
12  order by complying with all requirements for notice and service pursuant
13  to this act.
14    (d)  If the income withholding order includes both a medical with-
15  holding order and an income withholding order for cash support, modi-
16  fication or termination of one portion of the income withholding order
17  shall not modify or terminate any other portion of the income withholding
18  order except as expressly provided by the court.
19    (e)  If support payments are undeliverable to the obligee, any such
20  payments shall be held in trust by the court until the payments can be
21  delivered.
22    (f)  The clerk of court shall cause to be served on the payor a copy of
23  any order entered pursuant to this section that affects the duties of the
24  payor.
25    Sec. 29.  K.S.A. 23-4,129 is hereby amended to read as follows: 23-
26  4,129. (a) Upon receiving a support order of another jurisdiction with the
27  documentation specified in subsection (b) from an agency of another
28  jurisdiction operating pursuant to title IV, part D, of the federal social
29  security act (42 U.S.C. (section) 651 et seq.), as amended, the agency shall pro-
30  ceed under section 16 and amendments thereto or file the documents with
31  the clerk of the court in which withholding is being sought. Upon receipt
32  of the documents the clerk of court, without payment of a filing fee or
33  other costs, shall file them in a registry of foreign support orders. Such
34  filing shall constitute entry of the support order under K.S.A. 23-4,125
35  through 23-4,137 and amendments thereto. Nothing in this subsection
36  shall be construed to create an attorney-client relationship between an
37  attorney representing the department of social and rehabilitation services
38  and any party other than the department of social and rehabilitation serv-
39  ices.
40    (b)  The following documentation is required for the entry of a sup-
41  port order of another jurisdiction under the interstate income withholding
42  act:
43    (1)  A certified copy of the support order with all modifications;
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 1    (2)  a certified statement of child support owed and paid, including
 2  dates of payment and to whom paid;
 3    (3)  a certified copy of an income withholding notice or order, if any,
 4  still in effect;
 5    (4)  a copy of the portion of the income withholding statute of the
 6  jurisdiction which issued the support order which states the requirements
 7  for obtaining income withholding under the law of that jurisdiction;
 8    (5)  a sworn statement of the obligee or agency of the arrearages and
 9  the assignment of support rights, if any; and
10    (6)  a statement of:
11    (A)  The name, address and social security number of the obligor, if
12  known;
13    (B)  the name and address of the obligor's employer or of any other
14  source of income of the obligor derived in this state against which income
15  withholding is sought; and
16    (C)  the name and address of the agency or person to whom support
17  payments collected by income withholding shall be transmitted.
18    (c)  If the documentation received under subsection (a) does not con-
19  form to the requirements of subsection (b), the agency shall remedy any
20  defect which it can without the assistance of the requesting agency. If the
21  agency is unable to make such corrections, the requesting agency shall
22  immediately be notified of the necessary additions or corrections. In nei-
23  ther case shall the documentation be returned. The agency and court
24  shall accept the documentation required by subsections (a) and (b) even
25  if it is not in the usual form required by state or local rules, so long as
26  the substantive requirements of these subsections are met.
27    (d)  An obligee not receiving services from any agency operating pur-
28  suant to title IV, part D, of the federal social security act (42 U.S.C. (section)
29  651 et seq.), as amended, may file the documents specified in subsection
30    (b) with the clerk of the court in which withholding is being sought. If
31  the documents are filed by an attorney, they shall be filed by an attorney
32  licensed to practice law in the state of Kansas or authorized in accordance
33  with supreme court rule 116.
34    (e)  A support order entered under subsection (a) or (d) shall be en-
35  forceable by income withholding against income derived in this state in
36  the manner and with the effect as set forth in K.S.A. 23-4,105 through
37  23-4,118 and 23-4,130 through 23-4,137 the income withholding act and
38  the interstate income withholding act and amendments thereto. Entry of
39  the order shall not confer jurisdiction on the courts of this state for any
40  purpose other than income withholding.
41    Sec. 30.  K.S.A. 23-4,133 is hereby amended to read as follows: 23-
42  4,133. The provisions of K.S.A. 23-4,107 and 23-4,108 and amendments
43  thereto, including the notice to the payor, penalties and sanctions against
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  noncomplying payors, payor fees, protection against payor retaliation,
 2  payment directions and ability to issue a single check, apply to income
 3  withholding based on a support order of another jurisdiction entered un-
 4  der K.S.A. 23-4,129 and amendments thereto.
 5    Sec. 31.  K.S.A. 23-4,146 is hereby amended to read as follows: 23-
 6  4,146. (a) Whenever there is an arrearage in payment of an order of
 7  support in an amount equal to or greater than the amount of support
 8  payable for one month, the obligee, the secretary of social and rehabili-
 9  tation services or the secretary's contractors, if the right to support has
10  been assigned to the secretary, may establish a lien shall arise by opera-
11  tion of law upon certain personal property of the obligor. The lien may
12  be perfected as follows:
13    (1)  In the case of a vehicle, the obligee or secretary may establish a
14  secretary may perfect a lien on the vehicle by filing a notice of lien with
15  the division of vehicles of the department of revenue. The perfection of
16  the lien shall not be in effect until the notation of the lien is actually placed
17  upon the certificate of title for the vehicle. The notice shall be in a form
18  prescribed by the division, or on a federal form as required by title IV-
19  D, and shall contain a description of the vehicle, the name and address
20  of the obligee or secretary, the name and last known address of the obligor
21  and any other information required by the division. An affidavit of the
22  obligee or person designated by the secretary shall be filed with the notice
23  and shall state that there is an arrearage in an amount The notice shall
24  state the amount of the arrearage and that the arrearage is equal to or
25  greater than the amount of support payable for one month and that a. A
26  copy of the notice of lien has been sent shall be sent by first-class mail to
27  the obligor at the obligor's last known address.
28    Upon the filing of the notice of lien in accordance with this subsection
29    (a)(1) and payment to the division of a fee of $5, the division shall be
30  authorized to demand in writing the surrender of the title certificate from
31  the owner of the vehicle for the purpose of recording the lien on the title
32  certificate. Once the lien is properly recorded and perfected by actually
33  noting it on the certificate of title, a transfer of title is not valid unless the
34  lien has been released in the manner provided by K.S.A. 8-135 and
35  amendments thereto or the transfer has been consented to in writing by
36  the lienholder. If the obligor fails to surrender the title certificate within
37  15 days after the written demand by the division of vehicles, the division
38  shall notify the person or entity seeking the lien. Such person or entity
39  obligee seeking to perfect the lien. The obligee may obtain an order of the
40  court which issued the support order requiring the obligor to surrender
41  the title certificate to the court so that a the lien may be properly re-
42  corded. [Notwithstanding any provision of this section authorizing
43  a lien on a vehicle of an obligor, no lien shall attach to any vehicle
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  which the obligor has transferred to another person who has pur-
 2  chased the vehicle or accepted it by trade in exchange for other
 3  property or services in good faith, for value, prior to the time that
 4  the lien on the vehicle has been noted and perfected in the manner
 5  provided by this subsection (a)(1).]
 6    (2)  In the case of a vessel or aircraft, the obligee or secretary may
 7  establish may perfect a lien on the vessel or aircraft by filing a notice of
 8  lien with the office where filing is required by K.S.A. 84-9-401 and
 9  amendments thereto to perfect a security interest in the vessel or aircraft.
10  The perfection of the lien shall not be in effect until the notation of the
11  lien is actually placed upon the appropriate documentation of title for the
12  vessel or aircraft. The notice shall contain a description of the make,
13  model designation and serial number of the vessel or aircraft, including
14  its identification or registration number, if any; the name and address of
15  the obligee or secretary; and the name and last known address of the
16  obligor. An affidavit of the obligee or person designated by the secretary
17  shall be filed with the notice and shall state that there is an arrearage in
18  an amount The notice shall state the arrearage and that the arrearage is
19  equal to or greater than the amount of support payable for one month
20  and that a . A copy of the notice of lien has been sent shall be sent
21  simultaneously by first-class mail to the obligor at the obligor's last known
22  address.
23    Upon the filing of the notice of lien in accordance with this subsection
24    (a)(2) and payment of a fee of $5, the notice of lien shall be retained by
25  the office where filed and may be enforced and foreclosed in the same
26  manner as a security agreement under the provisions of the uniform com-
27  mercial code. If such liens are required by law to be the notice of lien is
28  filed in the office of the secretary of state, the filing officer shall file,
29  index, amend, maintain, remove and destroy the lien notification state-
30  ment notice of lien in the same manner as a financing statement filed
31  under part 4 of article 9 of the uniform commercial code. The secretary
32  of state shall charge the same filing and information retrieval fees and
33  credit the amounts in the same manner as financing statements filed
34  under part 4 of article 9 of the uniform commercial code. [Nothwith-
35  standing any provision of this section authorizing a lien on a vessel
36  or aircraft of an obligor, no lien shall attach to any vessel or aircraft
37  which the obligor has transferred to another person who has pur-
38  chased the vessel or aircraft or accepted it by trade in exchange
39  for other property or services in good faith, for value, prior to the
40  time that the lien on the vessel or aircraft has been noted and
41  perfected in the manner provided by this subsection (a)(2).]
42    (3)  In any case filed under chapter 60 or 61 of the Kansas Statutes
43  Annotated, the obligee may perfect a lien on the obligor's interest in any
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  judgment or settlement in the case by filing a notice of lien with the clerk
 2  of the district court. Copies shall be served on appropriate parties to the
 3  action. The notice of lien shall have the effect of attaching the obligor's
 4  interest in any judgment or settlement in the case. Any person holding
 5  property or funds to satisfy any judgment or settlement in the obligor's
 6  favor shall be prohibited from transferring to the obligor any of such
 7  property or funds without the written consent of the obligee. At the time
 8  that the holder would otherwise be required to transfer property to the
 9  obligor, such property shall be transferred to the obligee unless the lien
10  on the property has been released. Nothing in this subsection shall be
11  construed to require the holder to transfer any property to the obligee
12  any sooner than the holder would have been required to transfer property
13  to the obligor. To the extent that an attorney's lien on the obligor's interest
14  in any settlement or judgment is perfected before service of the notice of
15  lien under this section, the attorney's lien shall have priority. If the prop-
16  erty or funds are insufficient to satisfy all liens, the court shall conduct a
17  hearing to determine the division of such property or funds for payment
18  on each lien.
19    Any person affected by the notice of lien who is or will be a payor as
20  defined in the income withholding act and amendments thereto may re-
21  quest that the obligee proceed under the income withholding act and re-
22  lease the lien perfected pursuant to this section.
23    (4)  If the obligor is or may become entitled to workers compensation
24  benefits, the obligee may perfect a lien on the benefits by serving a notice
25  of lien on the obligor. Copies shall be served on appropriate persons,
26  including but not limited to the director of workers compensation. The
27  notice of lien shall have the effect of attaching the obligor's interest in the
28  workers compensation benefits. Any person holding property or funds to
29  satisfy the obligor's interest shall be prohibited from transferring to the
30  obligor any of such property or funds without the written consent of the
31  obligee. At the time that the holder would otherwise be required to trans-
32  fer property to the obligor, such property shall be transferred to the ob-
33  ligee unless the lien on the property has been released. Nothing in this
34  subsection shall be construed to require the holder to transfer any prop-
35  erty to the obligee any sooner than the holder would have been required
36  to transfer property to the obligor. To the extent that attorney fees are
37  allowed by K.S.A. 44-501 et seq. and amendments thereto, the attorney
38  fees shall have priority subject to the current limitations provided in
39  K.S.A. 44-720, and amendments thereto.
40    Any person affected by the notice of lien who is or will be a payor as
41  defined in the income withholding act and amendments thereto may re-
42  quest that the obligee proceed under the income withholding act and re-
43  lease the lien perfected pursuant to this section.
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 1    (b)  As used in this section:
 2    (1)  ``Aircraft'' has the meaning provided by K.S.A. 3-201 and amend-
 3  ments thereto.
 4    (2)  ``Vehicle'' has the meaning provided by K.S.A. 8-126 and amend-
 5  ments thereto.
 6    (3)  ``Vessel'' has the meaning provided by K.S.A. 82a-801 and amend-
 7  ments thereto.
 8    (4)  ``Arrearage,'' ``obligee,'' title IV-D,`` ``obligor'' and ``order for sup-
 9  port'' have the meanings provided by K.S.A. 23-4,106 and amendments
10  thereto.
11    (5)  ``Obligee'' means the person or entity to whom a duty of support
12  is owed, including but not limited to any title IV-D agency.
13    (6)  ``Workers compensation'' has the meaning provided by K.S.A. 44-
14  501 et seq. and amendments thereto.
15    (7)  ``Attorney's lien'' has the meaning provided by K.S.A. 7-108 and
16  amendments thereto.
17    Sec. 32.  K.S.A. 23-9,101 is hereby amended to read as follows: 23-
18  9,101. In this act:
19    (a)  ``Child'' means an individual, whether over or under the age of
20  majority, who is or is alleged to be owed a duty of support by the indi-
21  vidual's parent or who is or is alleged to be the beneficiary of a support
22  order directed to the parent.
23    (b)  ``Child support order'' means a support order for a child, including
24  a child who has attained the age of majority under the law of the issuing
25  state.
26    (c)  ``Duty of support'' means an obligation imposed or imposable by
27  law to provide support for a child, spouse or former spouse, including an
28  unsatisfied obligation to provide support.
29    (d)  ``Home state'' means the state in which a child lived with a parent
30  or a person acting as parent for at least six consecutive months immedi-
31  ately preceding the time of filing of a petition or comparable pleading for
32  support and, if a child is less than six months old, the state in which the
33  child lived from birth with any of them. A period of temporary absence
34  of any of them is counted as part of the six-month or other period.
35    (e)  ``Income'' includes earnings or other periodic entitlements to
36  money from any source and any other property subject to withholding
37  for support under the law of this state.
38    (f)  ``Income withholding order'' means an order or other legal process
39  directed to an obligor's employer, or other debtor, as defined by the
40  income withholding act, K.S.A. 23-4,105 and amendments thereto, to
41  withhold support from the income of the obligor.
42    (g)  ``Initiating state'' means a state in from which a proceeding is
43  forwarded or in which a proceeding is filed for forwarding to a responding
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 1  state under this act or a law or procedure substantially similar to this act,
 2  the uniform reciprocal enforcement of support act or the revised uniform
 3  reciprocal enforcement of support act is filed for forwarding to a respond-
 4  ing state.
 5    (h)  ``Initiating tribunal'' means the authorized tribunal in an initiating
 6  state.
 7    (i)  ``Issuing state'' means the state in which a tribunal issues a support
 8  order or renders a judgment determining parentage.
 9    (j)  ``Issuing tribunal'' means the tribunal that issues a support order
10  or renders a judgment determining parentage.
11    (k)  ``Law'' includes decisional and statutory law and rules and regu-
12  lations having the force of law.
13    (l)  ``Obligee'' means:
14    (1)  An individual to whom a duty of support is or is alleged to be
15  owed or in whose favor a support order has been issued or a judgment
16  determining parentage has been rendered;
17    (2)  a state or political subdivision to which the rights under a duty of
18  support or support order have been assigned or which has independent
19  claims based on financial assistance provided to an individual obligee; or
20    (3)  an individual seeking a judgment determining parentage of the
21  individual's child.
22    (m)  ``Obligor'' means an individual, or the estate of a decedent:
23    (1)  Who owes or is alleged to owe a duty of support;
24    (2)  who is alleged, but has not been, adjudicated to be a parent of a
25  child; or
26    (3)  who is liable under a support order.
27    (n)  ``Register'' means to file a support order or judgment determining
28  parentage in the responding court.
29    (o)  ``Registering tribunal'' means a tribunal in which a support order
30  is registered.
31    (p)  ``Responding state'' means a state to in which a proceeding is
32  forwarded filed or to which a proceeding is forwarded for filing from an
33  initiating state under this act or a law or procedure substantially similar
34  to this act, the uniform reciprocal enforcement of support act, or the
35  revised uniform reciprocal enforcement of support act.
36    (q)  ``Responding tribunal'' means the authorized tribunal in a re-
37  sponding state.
38    (r)  ``Spousal support order'' means a support order for a spouse or
39  former spouse of the obligor.
40    (s)  ``State'' means a state of the United States, the District of Colum-
41  bia, the Commonwealth of Puerto Rico, the United States Virgin Islands,
42  or any territory or insular possession subject to the jurisdiction of the
43  United States. The term ``state'' includes:
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 1    (1)  An Indian tribe and includes; and
 2    (2)  a foreign jurisdiction that has enacted a law or established pro-
 3  cedures for issuance and enforcement of support orders which are sub-
 4  stantially similar to the procedures under this act, the uniform reciprocal
 5  enforcement of support act or the revised uniform reciprocal enforcement
 6  of support act.
 7    (t)  ``Support enforcement agency'' means a public official or agency
 8  authorized to seek:
 9    (1)  Enforcement of support orders or laws relating to the duty of
10  support;
11    (2)  establishment or modification of child support;
12    (3)  determination of parentage; or
13    (4)  to locate obligors or their assets.
14    (u)  ``Support order'' means a judgment, decree or order, whether
15  temporary, final or subject to modification, for the benefit of a child, a
16  spouse or a former spouse, which provides for monetary support, health
17  care, arrearages or reimbursement, and may include related costs and
18  fees, interest, income withholding, attorney fees and other relief.
19    (v)  ``Tribunal'' means a court, administrative agency or quasi-judicial
20  entity authorized to establish, enforce or modify support orders or to
21  determine parentage.
22    Sec. 33.  K.S.A. 23-9,202 is hereby amended to read as follows: 23-
23  9,202. A tribunal of this state exercising personal jurisdiction over a non-
24  resident under K.S.A. 23-9,201 and amendments thereto may apply K.S.A.
25  23-9,316 and amendments thereto (special rules of evidence and proce-
26  dure) to receive evidence from another state, and K.S.A. 23-9,318 and
27  amendments thereto (assistance with discovery) to obtain discovery
28  through a tribunal of another state. In all other respects, K.S.A. 23-9,103,
29  23-9,201 through 23-9,209, 23-9,301 through 23-9,319, 23-9,401, 23-
30  9,501, 23-9,502, 23-9,601 through 23-9,612 and 23-9,701 and amend-
31  ments thereto do not apply and the tribunal shall apply the procedural
32  and substantive law of this state, including the rules on choice of law
33  other than those established by this act.
34    Sec. 34.  K.S.A. 23-9,205 is hereby amended to read as follows: 23-
35  9,205. (a) A tribunal of this state issuing a support order consistent with
36  the law of this state has continuing, exclusive jurisdiction over a child
37  support order:
38    (1)  As long as this state remains the residence of the obligor, the
39  individual obligee or the child for whose benefit the support order is
40  issued; or
41    (2)  until each individual party has all of the parties who are individ-
42  uals have filed written consent consents with the tribunal of this state for
43  a tribunal of another state to modify the order and assume continuing,
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  exclusive jurisdiction.
 2    (b)  A tribunal of this state issuing a child support order consistent
 3  with the law of this state may not exercise its continuing jurisdiction to
 4  modify the order if the order has been modified by a tribunal of another
 5  state pursuant to this act or to a law substantially similar to this act.
 6    (c)  If a child support order of this state is modified by a tribunal of
 7  another state pursuant to this act or to a law substantially similar to this
 8  act, a tribunal of this state loses its continuing, exclusive jurisdiction with
 9  regard to prospective enforcement of the order issued in this state, and
10  may only:
11    (1)  Enforce the order that was modified as to amounts accruing be-
12  fore the modification;
13    (2)  enforce nonmodifiable aspects of that order; and
14    (3)  provide other appropriate relief for violations of that order which
15  occurred before the effective date of the modification.
16    (d)  A tribunal of this state shall recognize the continuing, exclusive
17  jurisdiction of a tribunal of another state which has issued a child support
18  order pursuant to this act or to a law substantially similar to this act.
19    (e)  A temporary support order issued ex parte or pending resolution
20  of a jurisdictional conflict does not create continuing, exclusive jurisdic-
21  tion in the issuing tribunal.
22    (f)  A tribunal of this state issuing a support order consistent with the
23  law of this state has continuing, exclusive jurisdiction over a spousal sup-
24  port order throughout the existence of the support obligation. A tribunal
25  of this state may not modify a spousal support order issued by a tribunal
26  of another state having continuing, exclusive jurisdiction over that order
27  under the law of that state.
28    Sec. 35.  K.S.A. 23-9,206 is hereby amended to read as follows: 23-
29  9,206. (a) A tribunal of this state may serve as an initiating tribunal to
30  request a tribunal of another state to enforce or modify a support order
31  issued in that state.
32    (b)  A tribunal of this state having continuing, exclusive jurisdiction
33  over a support order may act as a responding tribunal to enforce or modify
34  the order. If a party subject to the continuing, exclusive jurisdiction of
35  the tribunal no longer resides in the issuing state, in subsequent pro-
36  ceedings the tribunal may apply K.S.A. 23-9,316 and amendments thereto
37  (special rules of evidence and procedure) to receive evidence from an-
38  other state and K.S.A. 23-9,318 and amendments thereto (assistance with
39  discovery) to obtain discovery through a tribunal of another state.
40    (c)  A tribunal of this state which lacks continuing, exclusive jurisdic-
41  tion over a spousal support order may not serve as a responding tribunal
42  to modify a spousal support order of another state.
43    Sec. 36.  K.S.A. 23-9,207 is hereby amended to read as follows: 23-
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  9,207. (a) If a proceeding is brought under this act, and one or more child
 2  support orders have been issued in this or another state with regard to
 3  an obligor and a child, a tribunal of this state shall apply the following
 4  rules in determining which order to recognize for purposes of continuing,
 5  exclusive jurisdiction:
 6    (1)  If only one tribunal has issued a child support order, the order of
 7  that tribunal must be recognized.
 8    (2)  If two or more tribunals have issued child support orders for the
 9  same obligor and child, and only one of the tribunals would have contin-
10  uing, exclusive jurisdiction under this act, the order of that tribunal must
11  be recognized.
12    (3)  If two or more tribunals have issued child support orders for the
13  same obligor and child, and more than one of the tribunals would have
14  continuing, exclusive jurisdiction under this act, an order issued by a tri-
15  bunal in the current home state of the child must be recognized, but if
16  an order has not been issued in the current home state of the child, the
17  order most recently issued must be recognized.
18    (4)  If two or more tribunals have issued child support orders for the
19  same obligor and child, and none of the tribunals would have continuing,
20  exclusive jurisdiction under this act, the tribunal of this state may issue a
21  child support order, which must be recognized.
22    (b)  The tribunal that has issued an order recognized under subsection
23    (a) is the tribunal having continuing, exclusive jurisdiction.
24    (a)  If a proceeding is brought under this act and only one tribunal
25  has issued a child support order, the order of that tribunal controls and
26  must be so recognized.
27    (b)  If a proceeding is brought under this act, and two or more child
28  support orders have been issued by tribunals of this state or another state
29  with regard to the same obligor and child, a tribunal of this state shall
30  apply the following rules in determining which order to recognize for
31  purposes of continuing, exclusive jurisdiction:
32    (1)  If only one of the tribunals would have continuing, exclusive ju-
33  risdiction under this act, the order of that tribunal controls and must be
34  so recognized.
35    (2)  If more than one of the tribunals would have continuing, exclusive
36  jurisdiction under this act, an order issued by a tribunal in the current
37  home state of the child controls and must be so recognized, but if an order
38  has not been issued in the current home state of the child, the order most
39  recently issued controls and must be so recognized.
40    (3)  If none of the tribunals would have continuing, exclusive jurisdic-
41  tion under this act, the tribunal of this state having jurisdiction over the
42  parties shall issue a child support order, which controls and must be so
43  recognized.
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1    (c)  If two or more child support orders have been issued for the same
 2  obligor and child and if the obligor or the individual obligee resides in
 3  this state, a party may request a tribunal of this state to determine which
 4  order controls and must be so recognized under subsection (b). The re-
 5  quest must be accompanied by a certified copy of every support order in
 6  effect. The requesting party shall give notice of the request to each party
 7  whose rights may be affected by the determination.
 8    (d)  The tribunal that issued the controlling order under subsection
 9    (a), (b) or (c) is the tribunal that has continuing, exclusive jurisdiction
10  under K.S.A. 23-9,205 and amendments thereto.
11    (e)  A tribunal of this state which determines by order the identity of
12  the controlling order under subsection (b)(1) or (2) or which issues a new
13  controlling order under subsection (b)(3) shall state in that order the basis
14  upon which the tribunal made its determination.
15    (f)  Within 30 days after issuance of an order determining the identity
16  of the controlling order, the party obtaining the order shall file a certified
17  copy of it with each tribunal that issued or registered an earlier order of
18  child support. A party who obtains the order and fails to file a certified
19  copy is subject to appropriate sanctions by a tribunal in which the issue
20  of failure to file arises. The failure to file does not affect the validity or
21  enforceability of the controlling order.
22    Sec. 37.  K.S.A. 23-9,301 is hereby amended to read as follows: 23-
23  9,301. (a) Except as otherwise provided in this act, K.S.A. 23-9,301
24  through 23-9,319 and amendments thereto apply to all proceedings under
25  this act.
26    (b)  This act provides for the following proceedings:
27    (1)  Establishment of an order for spousal support or child support
28  pursuant to K.S.A. 23-9,401 and amendments thereto;
29    (2)  enforcement of a support order and income withholding order of
30  another state without registration pursuant to K.S.A. 23-9,501 and 23-
31  9,502 and amendments thereto;
32    (3)  registration of an order for spousal support or child support of
33  another state for enforcement pursuant to K.S.A. 23-9,601 through 23-
34  9,612 and amendments thereto;
35    (4)  modification of an order for child support or spousal support is-
36  sued by a tribunal of this state pursuant to K.S.A. 23-9,203 through 23-
37  9,206 and amendments thereto;
38    (5)  registration of an order for child support of another state for mod-
39  ification pursuant to K.S.A. 23-9,601 through 23-9,612 and amendments
40  thereto;
41    (6)  determination of parentage pursuant to K.S.A. 23-9,701 and
42  amendments thereto; and
43    (7)  assertion of jurisdiction over nonresidents pursuant to K.S.A. 23-
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  9,201 and 23-9,202 and amendments thereto.
 2    (c)  An individual petitioner or a support enforcement agency may
 3  commence a proceeding authorized under this act by filing a petition in
 4  an initiating tribunal for forwarding to a responding tribunal or by filing
 5  a petition or a comparable pleading directly in a tribunal of another state
 6  which has or can obtain personal jurisdiction over the respondent.
 7    Sec. 38.  K.S.A. 23-9,304 is hereby amended to read as follows: 23-
 8  9,304. (a) Upon the filing of a petition authorized by this act, an initiating
 9  tribunal of this state shall forward three copies of the petition and its
10  accompanying documents:
11    (a) (1)  To the responding tribunal or appropriate support enforce-
12  ment agency in the responding state; or
13    (b) (2)  if the identity of the responding tribunal is unknown, to the
14  state information agency of the responding state with a request that they
15  be forwarded to the appropriate tribunal and that receipt be acknowl-
16  edged.
17    (b)  If a responding state has not enacted this act or a law or procedure
18  substantially similar to this act, a tribunal of this state may issue a cer-
19  tificate or other document and make findings required by the law of the
20  responding state. If the responding state is a foreign jurisdiction, the tri-
21  bunal may specify the amount of support sought and provide other doc-
22  uments necessary to satisfy the requirements of the responding state.
23    Sec. 39.  K.S.A. 23-9,305 is hereby amended to read as follows: 23-
24  9,305. (a) When a responding tribunal of this state receives a petition or
25  comparable pleading from an initiating tribunal or directly pursuant to
26  subsection (c) of K.S.A. 23-9,301 and amendments thereto (proceedings
27  under this act), it shall cause the petition or pleading to be filed and notify
28  the petitioner by first-class mail , pursuant to article 3 of chapter 60 of
29  the Kansas Statutes Annotated, and amendments thereto, [only by per-
30  sonal service or registered mail, return receipt requested] where
31  and when it was filed.
32    (b)  A responding tribunal of this state, to the extent otherwise au-
33  thorized by law, may do one or more of the following:
34    (1)  Issue or enforce a support order, modify a child support order or
35  render a judgment to determine parentage;
36    (2)  order an obligor to comply with a support order, specifying the
37  amount and the manner of compliance;
38    (3)  order income withholding;
39    (4)  determine the amount of any arrearages, and specify a method of
40  payment;
41    (5)  enforce orders by civil or criminal contempt, or both;
42    (6)  set aside property for satisfaction of the support order;
43    (7)  place liens and order execution on the obligor's property;
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1    (8)  order an obligor to keep the tribunal informed of the obligor's
 2  current residential address, telephone number, employer, address of em-
 3  ployment and telephone number at the place of employment;
 4    (9)  issue a bench warrant for an obligor who has failed after proper
 5  notice to appear at a hearing ordered by the tribunal and enter the bench
 6  warrant in any local and state computer systems for criminal warrants;
 7    (10)  order the obligor to seek appropriate employment by specified
 8  methods;
 9    (11)  award reasonable attorney fees and other fees and costs; and
10    (12)  grant any other available remedy.
11    (c)  A responding tribunal of this state shall include in a support order
12  issued under this act, or in the documents accompanying the order, the
13  calculations on which the support order is based.
14    (d)  A responding tribunal of this state may not condition the payment
15  of a support order issued under this act upon compliance by a party with
16  provisions for visitation.
17    (e)  If a responding tribunal of this state issues an order under this
18  act, the tribunal shall send a copy of the order by first-class mail to the
19  petitioner, pursuant to article 3 of chapter 60 of the Kansas Statutes An-
20  notated, and amendments thereto, [only by personal service or regis-
21  tered mail, return receipt requested] and the respondent and to the
22  initiating tribunal, if any.
23    Sec. 40.  K.S.A. 23-9,306 is hereby amended to read as follows: 23-
24  9,306. If a petition or comparable pleading is received by an inappropriate
25  tribunal of this state, it shall forward the pleading and accompanying
26  documents to an appropriate tribunal in this state or another state and
27  notify the petitioner by first-class mail and , pursuant to chapter 60 of the
28  Kansas Statutes Annotated, and amendments thereto, [only by personal
29  service or registered mail, return receipt requested] when the
30  pleading was sent.
31    Sec. 41.  K.S.A. 23-9,307 is hereby amended to read as follows: 23-
32  9,307. (a) A support enforcement agency of this state, upon request, shall
33  provide services to a petitioner in a proceeding under this act.
34    (b)  A support enforcement agency that is providing services to the
35  petitioner as appropriate shall:
36    (1)  Take all steps necessary to enable an appropriate tribunal in this
37  state or another state to obtain jurisdiction over the respondent;
38    (2)  request an appropriate tribunal to set a date, time and place for
39  a hearing;
40    (3)  make a reasonable effort to obtain all relevant information, in-
41  cluding information as to income and property of the parties;
42    (4)  within two days, exclusive of Saturdays, Sundays and legal holi-
43  days, after receipt of a written notice from an initiating, responding or
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  registering tribunal, send a copy of the notice by first-class mail , pursuant
 2  to article 3 of chapter 60 of the Kansas Statutes Annotated, and amend-
 3  ments thereto, [only by personal service or registered mail, return
 4  receipt requested] to the petitioner;
 5    (5)  within two days, exclusive of Saturdays, Sundays and legal holi-
 6  days, after receipt of a written communication from the respondent or
 7  the respondent's attorney, send a copy of the communication by first-
 8  class mail to the petitioner; and
 9    (6)  notify the petitioner if jurisdiction over the respondent cannot be
10  obtained.
11    (c)  This act does not create or negate a relationship of attorney and
12  client or other fiduciary relationship between a support enforcement
13  agency or the attorney for the agency and the individual being assisted
14  by the agency.
15    Sec. 42.  K.S.A. 23-9,311 is hereby amended to read as follows: 23-
16  9,311. (a) A petitioner seeking to establish or modify a support order or
17  to determine parentage in a proceeding under this act must verify the
18  petition. Unless otherwise ordered under K.S.A. 23-9,312 and amend-
19  ments thereto (nondisclosure of information in exceptional circum-
20  stances), the petition or accompanying documents must provide, so far
21  as known, the name, residential address and social security numbers of
22  the obligor and the obligee, and the name, sex, residential address, social
23  security number and date of birth of each child for whom support is
24  sought. The petition must be accompanied by a certified copy of any
25  support order in effect. The petition may include any other information
26  that may assist in locating or identifying the respondent.
27    (b)  The petition must specify the relief sought. The petition and ac-
28  companying documents must conform substantially with the require-
29  ments imposed by the forms mandated by federal law for use in cases
30  filed by a support enforcement agency.
31    Sec. 43.  K.S.A. 23-9,313 is hereby amended to read as follows: 23-
32  9,313. (a) The petitioner may not be required to pay a filing fee or other
33  costs.
34    (b)  If an obligee prevails, a responding tribunal may assess against an
35  obligor filing fees, reasonable attorney fees, other costs and necessary
36  travel and other reasonable expenses incurred by the obligee and the
37  obligee's witnesses. The tribunal may not assess fees, costs or expenses
38  against the obligee or the support enforcement agency of either the ini-
39  tiating or the responding state, except as provided by other law. Attorney
40  fees may be taxed as costs, and may be ordered paid directly to the at-
41  torney, who may enforce the order in the attorney's own name. Payment
42  of support owed to the obligee has priority over fees, costs and expenses.
43    (c)  The tribunal shall may order the payment of costs and reasonable
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  attorney fees if it determines that a hearing was requested primarily for
 2  delay. In a proceeding under K.S.A. 23-9,601 through 23-9,612 (enforce-
 3  ment and modification of support order after registration), a hearing is
 4  presumed to have been requested primarily for delay if a registered sup-
 5  port order is confirmed or enforced without change.
 6    Sec. 44.  K.S.A. 23-9,401 is hereby amended to read as follows: 23-
 7  9,401. (a) If a support order entitled to recognition under this act has not
 8  been issued, a responding tribunal of this state may issue a support order
 9  if:
10    (1)  The individual seeking the order resides in another state; or
11    (2)  the support enforcement agency seeking the order is located in
12  another state.
13    (b)  The tribunal may issue a temporary child support order if:
14    (1)  The respondent has signed a verified statement acknowledging
15  parentage;
16    (2)  the respondent has been determined by or pursuant to law to be
17  the parent; or
18    (3)  there is other clear and convincing evidence that the respondent
19  is the child's parent.
20    (c)  Upon finding, after notice and opportunity to be heard, that an
21  obligor owes a duty of support, the tribunal shall issue a support order
22  directed to the obligor and may issue other orders pursuant to K.S.A. 23-
23  9,305 and amendments thereto (duties and powers of responding tribu-
24  nal).
25    Sec. 45.  K.S.A. 23-9,501 is hereby amended to read as follows: 23-
26  9,501. (a) An income withholding order issued in another state may be
27  sent by first-class mail to the person or entity defined as the obligor's
28  employer under the income withholding act, K.S.A. 23-4,105 et seq. and
29  amendments thereto without first filing a petition or comparable pleading
30  or registering the order with a tribunal of this state. Upon receipt of the
31  order, the employer shall:
32    (1)  Treat an income withholding order issued in another state which
33  appears regular on its face as if it had been issued by a tribunal of this
34  state;
35    (2)  immediately provide a copy of the order to the obligor; and
36    (3)  distribute the funds as directed in the withholding order.
37    (b)  An obligor may contest the validity or enforcement of an income
38  withholding order issued in another state in the same manner as if the
39  order had been issued by a tribunal of this state; K.S.A. 23-9,604 (choice
40  of law) applies to the contest. The obligor shall give notice of the contest
41  to any support enforcement agency providing services to the obligee and
42  to:
43    (1)  The person or agency designated to receive payments in the in-
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  come withholding order; or
 2    (2)  if no person or agency is designated, the obligee.
 3    New Sec. 46.  (a) Upon receipt of an income withholding order, the
 4  obligor's employer shall immediately provide a copy of the order to the
 5  obligor.
 6    (b)  The employer shall treat an income withholding order issued in
 7  another state which appears regular on its face as if it had been issued by
 8  a tribunal of this state.
 9    (c)  Except as otherwise provided in subsection (d) and section 47 and
10  amendments thereto the employer shall withhold and distribute the funds
11  as directed in the withholding order by complying with terms of the order
12  which specify:
13    (1)  The duration and amount of periodic payments of current child
14  support, stated as a sum certain;
15    (2)  the person or agency designated to receive payments and the ad-
16  dress to which the payments are to be forwarded;
17    (3)  medical support, whether in the form of periodic cash payment,
18  stated as a sum certain, or ordering the obligor to provide health insurance
19  coverage for the child under a policy available through the obligor's em-
20  ployment;
21    (4)  the amount of periodic payments of fees and costs for a support
22  enforcement agency, the issuing tribunal, and the obligee's attorney,
23  stated as sums certain; and
24    (5)  the amount of periodic payments of arrearages and interest on
25  arrearages, stated as sums certain.
26    (d)  An employer shall comply with the law of the state of the obligor's
27  principal place of employment with that employer for withholding from
28  income with respect to:
29    (1)  The employer's fee for processing an income withholding order;
30    (2)  the maximum amount permitted to be withheld from the obligor's
31  income; and
32    (3)  the times within which the employer must implement the with-
33  holding order and forward the child support payment.
34    New Sec. 47.  If an obligor's employer receives multiple income with-
35  holding orders with respect to the earnings of the same obligor, the em-
36  ployer satisfies the terms of the multiple orders if the employer complies
37  with the law of the state of the obligor's principal place of employment
38  with that employer to establish the priorities for withholding and allocat-
39  ing income withheld for multiple child support obligees.
40    New Sec. 48.  An employer who complies with an income withhold-
41  ing order issued in another state in accordance with this article is not
42  subject to civil liability to an individual or agency with regard to the em-
43  ployer's withholding of child support from the obligor's income.
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1    New Sec. 49.  An employer who willfully fails to comply with an in-
 2  come withholding order issued by another state and received for enforce-
 3  ment is subject to the same penalties that may be imposed for noncom-
 4  pliance with an order issued by a tribunal of this state.
 5    New Sec. 50.  (a) An obligor may contest the validity or enforcement
 6  of an income withholding order issued in another state and received di-
 7  rectly by an employer in this state in the same manner as if the order had
 8  been issued by a tribunal of this state. K.S.A. 23-9,604 and amendments
 9  thereto (choice of law) applies to the contest.
10    (b)  The obligor shall give notice of the contest to:
11    (1)  A support enforcement agency providing services to the obligee;
12    (2)  each employer that has directly received an income withholding
13  order; and
14    (3)  the person or agency designated to receive payments in the in-
15  come withholding order or if no person or agency is designated, to the
16  obligee.
17    Sec. 51.  K.S.A. 23-9,605 is hereby amended to read as follows: 23-
18  9,605. (a) When a support order or income withholding order issued in
19  another state is registered, the registering tribunal shall notify the non-
20  registering party. Notice must be given by first-class, certified or regis-
21  tered mail or by any means of personal service authorized by the law of
22  this state. Notice shall be given pursuant to article 3 of chapter 60 of the
23  Kansas Statutes Annotated, and amendments thereto [only by personal
24  service or registered mail, return receipt requested]. The notice
25  must be accompanied by a copy of the registered order and the docu-
26  ments and relevant information accompanying the order.
27    (b)  The notice must inform the nonregistering party:
28    (1)  That a registered order is enforceable as of the date of registration
29  in the same manner as an order issued by a tribunal of this state;
30    (2)  that a hearing to contest the validity or enforcement of the reg-
31  istered order must be requested within 20 days after the date of mailing
32  or personal service of the notice;
33    (3)  that failure to contest the validity or enforcement of the registered
34  order in a timely manner will result in confirmation of the order and
35  enforcement of the order and the alleged arrearages and precludes fur-
36  ther contest of that order with respect to any matter that could have been
37  asserted; and
38    (4)  of the amount of any alleged arrearages.
39    (c)  Upon registration of an income withholding order for enforce-
40  ment, the registering tribunal shall notify the obligor's employer pursuant
41  to the income withholding act, K.S.A. 23-4,105 et seq. and amendments
42  thereto.
43    Sec. 52.  K.S.A. 23-9,606 is hereby amended to read as follows: 23-
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  9,606. (a) A nonregistering party seeking to contest the validity or en-
 2  forcement of a registered order in this state shall request a hearing within
 3  20 days after the date of mailing or personal service of notice of the
 4  registration. The nonregistering party may seek to vacate the registration,
 5  to assert any defense to an allegation of noncompliance with the regis-
 6  tered order, or to contest the remedies being sought or the amount of
 7  any alleged arrearages pursuant to K.S.A. 23-9,607 and amendments
 8  thereto (contest of registration or enforcement).
 9    (b)  If the nonregistering party fails to contest the validity or enforce-
10  ment of the registered order in a timely manner, the order is confirmed
11  by operation of law.
12    (c)  If a nonregistering party requests a hearing to contest the validity
13  or enforcement of the registered order, the registering tribunal shall
14  schedule the matter for hearing and give notice to the parties by first-
15  class mail of the date, time and place of the hearing.
16    Sec. 53.  K.S.A. 23-9,607 is hereby amended to read as follows: 23-
17  9,607. (a) A party contesting the validity or enforcement of a registered
18  order or seeking to vacate the registration has the burden of proving one
19  or more of the following defenses:
20    (1)  The issuing tribunal lacked personal jurisdiction over the con-
21  testing party;
22    (2)  the order was obtained by fraud;
23    (3)  the order has been vacated, suspended or modified by a later
24  order;
25    (4)  the issuing tribunal has stayed the order pending appeal;
26    (5)  there is a defense under the law of this state to the remedy sought;
27    (6)  full or partial payment has been made; or
28    (7)  the statute of limitations under K.S.A. 23-9,604 and amendments
29  thereto (choice of law) precludes enforcement of some or all of the ar-
30  rearages.
31    (b)  If a party presents evidence establishing a full or partial defense
32  under subsection (a), a tribunal may stay enforcement of the registered
33  order, continue the proceeding to permit production of additional rele-
34  vant evidence, and issue other appropriate orders. An uncontested por-
35  tion of the registered order may be enforced by all remedies available
36  under the law of this state.
37    (c)  If the contesting party does not establish a defense under subsec-
38  tion (a) to the validity or enforcement of the order, the registering tribunal
39  shall issue an order confirming the order.
40    Sec. 54.  K.S.A. 23-9,609 is hereby amended to read as follows: 23-
41  9,609. A party or support enforcement agency seeking to modify, or to
42  modify and enforce, a child support order issued in another state shall
43  register that order in this state in the same manner provided in K.S.A.
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  23-9,601 through 23-9,604 and amendments thereto if the order has not
 2  been registered. A petition for modification may be filed at the same time
 3  as a request for registration, or later. The pleading must specify the
 4  grounds for modification.
 5    Sec. 55.  K.S.A. 23-9,610 is hereby amended to read as follows: 23-
 6  9,610. A tribunal of this state may enforce a child support order of another
 7  state registered for purposes of modification, in the same manner as if
 8  the order had been issued by a tribunal of this state, but the registered
 9  order may be modified only if the requirements of K.S.A. 23-9,611 and
10  amendments thereto (modification of child support order of another state)
11  have been met.
12    Sec. 56.  K.S.A. 23-9,611 is hereby amended to read as follows: 23-
13  9,611. (a) After a child support order issued in another state has been
14  registered in this state, the responding tribunal of this state may modify
15  that order only if, K.S.A. 23-9,613 and amendments thereto does not apply
16  and after notice and hearing, it finds that:
17    (1)  The following requirements are met:
18    (A)  The child, the individual obligee and the obligor do not reside in
19  the issuing state;
20    (B)  a petitioner who is a nonresident of this state seeks modification;
21  and
22    (C)  the respondent is subject to the personal jurisdiction of the tri-
23  bunal of this state; or
24    (2)  an individual party or the child, or a party who is an individual,
25  is subject to the personal jurisdiction of the tribunal of this state and all
26  of the individual parties who are individuals have filed a written consent
27  consents in the issuing tribunal providing that for a tribunal of this state
28  may to modify the support order and assume continuing, exclusive juris-
29  diction over the order. However, if the issuing state is a foreign jurisdic-
30  tion that has not enacted a law or established procedures substantially
31  similar to the procedures under this act, the consent otherwise required
32  of an individual residing in this state is not required for the tribunal of
33  this state to assume jurisdiction to modify the child support order.
34    (b)  Modification of a registered child support order is subject to the
35  same requirements, procedures and defenses that apply to the modifi-
36  cation of an order issued by a tribunal of this state and the order may be
37  enforced and satisfied in the same manner.
38    (c)  A tribunal of this state may not modify any aspect of a child sup-
39  port order that may not be modified under the law of the issuing state.
40  If two or more tribunals have issued child support orders for the same
41  obligor and child, the order that controls and must be so recognized under
42  K.S.A. 29-9,207 and amendments thereto establishes the aspects of the
43  support order which are nonmodifiable.
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1    (d)  On issuance of an order modifying a child support order issued
 2  in another state, a tribunal of this state becomes the tribunal of contin-
 3  uing, exclusive jurisdiction.
 4    (e)  Within 30 days after issuance of a modified child support order,
 5  the party obtaining the modification shall file a certified copy of the order
 6  with the issuing tribunal which had continuing, exclusive jurisdiction over
 7  the earlier order, and in each tribunal in which the party knows that
 8  earlier order has been registered.
 9    New Sec. 57.  (a) If all of the parties who are individuals reside in
10  this state and the child does not reside in the issuing state, a tribunal of
11  this state has jurisdiction to enforce and to modify the issuing state's child
12  support order in a proceeding to register that order.
13    (b)  A tribunal of this state exercising jurisdiction under this section
14  shall apply the provisions of K.S.A. 23-4,106, 23-4,107, 23-9,101, 23-
15  9,102, 23-9,103, 23-9,201 through 23-9,209, 23-9,601 through 23-9,611
16  and amendments thereto, and the procedural and substantive law of this
17  state to the proceeding for enforcement or modification. K.S.A. 23-9,301
18  et seq., 23-9,401, 23-9,501, 23-9,502, 23-9,701 and 23-9,801, 23-9,802 and
19  amendments thereto do not apply.
20    New Sec. 58.  Within 30 days after issuance of a modified child sup-
21  port order, the party obtaining the modification shall file a certified copy
22  of the order with the issuing tribunal that had continuing, exclusive ju-
23  risdiction over the earlier order, and in each tribunal in which the party
24  knows the earlier order has been registered. A party who obtains the order
25  and fails to file a certified copy is subject to appropriate sanctions by a
26  tribunal in which the issue of failure to file arises. The failure to file does
27  not affect the validity or enforceability of the modified order of the new
28  tribunal having continuing, exclusive jurisdiction.
29    Sec. 59.  K.S.A. 23-9,801 is hereby amended to read as follows: 23-
30  9,801. (a) For purposes of K.S.A. 23-9,801 and 23-9,802 and amendments
31  thereto, ``governor'' includes an individual performing the functions of
32  governor or the executive authority of a state covered by this act.
33    (b)  The governor of this state may:
34    (1)  Demand that the governor of another state surrender an individ-
35  ual found in the other state who is charged criminally in this state with
36  having failed to provide for the support of an obligee; or
37    (2)  on the demand by the governor of another state, surrender an
38  individual found in this state who is charged criminally in the other state
39  with having failed to provide for the support of an obligee.
40    (c)  A provision for extradition of individuals not inconsistent with this
41  act applies to the demand even if the individual whose surrender is de-
42  manded was not in the demanding state when the crime was allegedly
43  committed and has not fled therefrom.
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1    Sec. 60.  K.S.A. 23-9,902 is hereby amended to read as follows: 23-
 2  9,902. This act may be cited as the uniform interstate family support act.
 3  ``Act'' or ``this act,'' as used in K.S.A. 23-9,101 through 23-9,103, 23-9,201
 4  through 23-9,209, 23-9,301 through 23-9,319, 23-9,401, 23-9,501, 23-
 5  9,502, 23-9,601 through 23-9,612, 23-9,701, 23-9,801, 23-9,802 and 23-
 6  9,901 through 23-9,903, means the uniform interstate family support act.
 7  The provisions of K.S.A. 23-9,101 through 23-9,103, 23-9,201 through
 8  23-9,209, 23-9,301 through 23-9,319, 23-9,401, 23-9,501, 23-9,502, 23-
 9  9,601 through 23-9,612, 23-9,701, 23-9,801, 23-9,802, 23-9,901 and 23-
10  9,902 shall be effective on and after July 1, 1995. K.S.A. 23-9,101 to
11  23-9,903 and amendments thereto may be cited as the uniform interstate
12  family support act.
13    Sec. 61.  K.S.A. 32-930 is hereby amended to read as follows: 32-930.
14    (a) Except as provided in subsection (b), the secretary or the secretary's
15  designee is authorized to issue to any Kansas resident a lifetime fishing,
16  hunting or combination hunting and fishing license upon proper appli-
17  cation made therefor to the secretary or the secretary's designee and
18  payment of a license fee as follows:  (1) A total payment made at the time
19  of purchase in the amount prescribed pursuant to K.S.A. 32-988 and
20  amendments thereto; or (2) payment may be made over a two-year period
21  in eight quarter-annual installments in the amount prescribed pursuant
22  to K.S.A. 32-988 and amendments thereto. If payment is in installments,
23  the license shall not be issued until the final installment has been paid.
24  A person making installment payments shall not be required to obtain
25  the appropriate annual license, and each installment payment shall be
26  deemed to be such an annual license for a period of one year following
27  the date of the last installment payment made. If an installment payment
28  is not received within 30 days after it is due and owing, the secretary may
29  consider the payments in default and may retain any payments previously
30  received. Any lifetime license issued to a Kansas resident shall not be
31  made invalid by reason of the holder thereof subsequently residing out-
32  side the state of Kansas. Any nonresident holder of a Kansas lifetime
33  hunting or combination hunting and fishing license shall be eligible under
34  the same conditions as a Kansas resident for a big game permit upon
35  proper application to the secretary. Any nonresident holder of a lifetime
36  fishing license issued before July 1, 1989, shall be eligible under the same
37  conditions as a Kansas resident for a big game permit upon proper ap-
38  plication to the secretary.
39    (b)  Upon request of the secretary of social and rehabilitation services,
40  the secretary of wildlife and parks shall not issue a lifetime fishing, hunting
41  or combination hunting and fishing license to an applicant except as pro-
42  vided in this subsection. The secretary of social and rehabilitation services
43  may make such a request if, at the time of the request, the applicant owed
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  arrearages under a support order in a title IV-D case being administered
 2  by the secretary of social and rehabilitation services or had outstanding
 3  a warrant or subpoena, directed to the applicant, in a title IV-D case
 4  being administered by the secretary of social and rehabilitation services.
 5    Upon receiving a release from an authorized agent of the secretary of
 6  social and rehabilitation services, the secretary of wildlife and parks may
 7  issue the lifetime fishing, hunting or combination hunting and fishing
 8  license. The applicant shall have the burden of obtaining and delivering
 9  the release.
10    The secretary of social and rehabilitation services shall issue a release
11  upon request if, as appropriate:
12    (1)  The arrearages are paid in full or a tribunal of competent juris-
13  diction has determined that no arrearages are owed;
14    (2)  an income withholding order has been served upon the applicant's
15  current employer or payor;
16    (3)  an agreement has been completed or an order has been entered
17  setting minimum payments to defray the arrearages, together with receipt
18  of the first minimum payment; or
19    (4)  the applicant has complied with the warrant or subpoena or the
20  warrant or subpoena has been quashed or withdrawn.
21    Nothing in this subsection shall be construed to require or permit the
22  secretary of wildlife and parks to determine any issue related to the title
23  IV-D case except to resolve questions of mistaken identity or determine
24  the adequacy of any notice relating to this subsection that the secretary
25  of wildlife and parks provides to the applicant.
26    ``Title IV-D'' means part D of title IV of the federal social security act
27  (42 U.S.C. (section) 651 et seq.) and amendments thereto, as in effect on May 1,
28  1997, relating to child support enforcement services.
29    (b) (c)  The secretary, in accordance with K.S.A. 32-805 and amend-
30  ments thereto, may adopt rules and regulations necessary to carry out the
31  provisions of this section.
32    Sec. 62.  K.S.A. 38-1113 is hereby amended to read as follows: 38-
33  1113. The parent and child relationship between a child and:
34    (a)  The mother may be established by proof of her having given birth
35  to the child or under this act.
36    (b)  The father may be established under this act or, in the absence of
37  a final judgment establishing paternity, by a voluntary acknowledgment
38  of paternity meeting the requirements of K.S.A. 38-1138 and amendments
39  thereto, unless the voluntary acknowledgment has been revoked pursuant
40  to K.S.A. 38-1115 and amendments thereto.
41    (c)  An adoptive parent may be established by proof of adoption.
42    Sec. 63.  K.S.A. 1996 Supp. 38-1115 is hereby amended to read as
43  follows: 38-1115. (a) A child or any person on behalf of such a child, may
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  bring an action:
 2    (1)  At any time to determine the existence of a father and child re-
 3  lationship presumed under K.S.A. 38-1114 and amendments thereto; or
 4    (2)  at any time until three years after the child reaches the age of
 5  majority to determine the existence of a father and child relationship
 6  which is not presumed under K.S.A. 38-1114 and amendments thereto.
 7    (b)  When authorized under K.S.A. 39-755 or 39-756, and amend-
 8  ments thereto, the secretary of social and rehabilitation services may bring
 9  an action at any time during a child's minority to determine the existence
10  of the father and child relationship.
11    (c)  This section does not extend the time within which a right of
12  inheritance or a right to a succession may be asserted beyond the time
13  provided by law relating to the probate of estates or determination of
14  heirship.
15    (d)  Any agreement between an alleged or presumed father and the
16  mother or child does not bar an action under this section.
17    (e)  Except as otherwise provided in this subsection, if an acknow-
18  ledgment of paternity has been completed pursuant to K.S.A. 65-2409a
19  1996 Supp. 38-1138, and amendments thereto, has been completed the
20  man named as the father, the mother or the child may bring an action to
21  revoke the acknowledgment of paternity at any time until one year after
22  the child's date of birth. The legal responsibilities, including any child
23  support obligation, of any signatory arising from the acknowledgment of
24  paternity shall not be suspended during the action, except for good cause
25  shown. If the person bringing the action was a minor at the time the
26  acknowledgment of paternity was completed, the action to revoke the
27  acknowledgment of paternity may be brought at any time until one year
28  after that person attains age 18, unless the court finds that the child is
29  more than one year of age and that revocation of the acknowledgment of
30  paternity is not in the child's best interest.
31    The person requesting revocation must show, and shall have the burden
32  of proving, that the acknowledgment of paternity was based upon fraud,
33  duress or material mistake of fact unless the action to revoke the acknow-
34  ledgment of paternity is filed before the earlier of 60 days after completion
35  of the acknowledgment of paternity or the date of a proceeding relating
36  to the child in which the signatory is a party, including but not limited
37  to a proceeding to establish a support order.
38    If a court of this state has assumed jurisdiction over the matter of the
39  child's paternity or the duty of a man to support the child, that court shall
40  have exclusive jurisdiction to determine whether an acknowledgment of
41  paternity may be revoked under this subsection.
42    If an acknowledgment of paternity has been revoked under this sub-
43  section, it shall not give rise to a presumption of paternity pursuant to
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 1  K.S.A. 38-1114 and amendments thereto. Nothing in this subsection shall
 2  prevent a court from admitting a revoked acknowledgment of paternity
 3  into evidence for any other purpose.
 4    If there has been an assignment of the child's support rights pursuant
 5  to K.S.A. 39-709 and amendments thereto, the secretary of social and
 6  rehabilitation services shall be a necessary party to any action under this
 7  subsection.
 8    Sec. 64.  K.S.A. 1996 Supp. 38-1119 is hereby amended to read as
 9  follows: 38-1119. (a) Evidence relating to paternity may include any of
10  the following:
11    (1)  Evidence of sexual intercourse between the mother and alleged
12  father at any possible time of conception.
13    (2)  An expert's opinion concerning the statistical probability of the
14  alleged father's paternity based upon the duration of the mother's preg-
15  nancy.
16    (3)  Genetic test results of the statistical probability of the alleged
17  father's paternity.
18    (4)  Medical or anthropological evidence relating to the alleged fath-
19  er's paternity of the child based on tests performed by experts. The court
20  may, and upon request of a party shall, require the child, the mother and
21  the alleged father to submit to appropriate tests.
22    (5)  Testimony, records and notes of a physician concerning the med-
23  ical circumstances of the pregnancy and the condition and characteristics
24  of the child upon birth. Such testimony, records and notes are not priv-
25  ileged.
26    (6)  Any other evidence relevant to the issue of paternity of the child,
27  including but not limited to voluntary acknowledgment of paternity made
28  in accordance with K.S.A. 38-1130 or 65-2409a, 1996 Supp. 38-1138 and
29  amendments thereto.
30    (b)  Testimony relating to sexual access to the mother by a man at a
31  time other than the probable time of the conception of the child is in-
32  admissible in evidence.
33    (c)  For any child whose weight at birth is equal to or greater than
34  five pounds 12 ounces, or 2,608.2 grams, it shall be presumed that the
35  child was conceived between 300 and 230 days prior to the date of the
36  child's birth. A presumption under this section may be rebutted by clear
37  and convincing evidence.
38    (d)  Evidence consisting of the results of any genetic test that is of a
39  type generally acknowledged as reliable by accreditation bodies desig-
40  nated by the secretary of social and rehabilitation services shall not be
41  inadmissible solely on the basis of being performed by a laboratory ap-
42  proved by such an accreditation body.
43    (e)  Evidence of expenses incurred for pregnancy, childbirth and ge-
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  netic tests may be admitted as evidence without requiring third-party
 2  foundation testimony and shall constitute prima facie evidence of amounts
 3  incurred for such goods and services.
 4    Sec. 65.  K.S.A. 38-1131 is hereby amended to read as follows: 38-
 5  1131. (a) After filing an action under the Kansas parentage act, The court,
 6  without requiring bond, may make and enforce orders which:
 7    (1)  Restrain the parties from molesting or interfering with the privacy
 8  or rights of each other;
 9    (2)  confirm the existing de facto custody of the child subject to fur-
10  ther order of the court;
11    (3)  appoint an expert to conduct genetic tests for determination of
12  paternity as provided in K.S.A. 38-1118 and amendments thereto;
13    (4)  order the mother and child and alleged father to contact the court
14  appointed expert and provide blood tissue samples for testing within 30
15  days after service of the order; or
16    (5)  order the payment of temporary child support pursuant to sub-
17  section (c); or
18    (5) (6)  the court deems necessary to carry the provisions of the Kansas
19  parentage act.
20    (b) (1)  Interlocutory orders authorized by this section that relate to
21  genetic testing may be issued after ex parte hearing, if:
22    (A)  The appointed expert shall be is a paternity laboratory accredited
23  by the American association of blood banks; and
24    (B)  the order may does not require an adverse party to make advance
25  payment toward the cost of the test.
26    (2)  If such ex parte orders are issued, and if an adverse party requests
27  modification thereof, the court will conduct a hearing within 10 days of
28  such request.
29    (c)  After notice and hearing, the court shall enter an order for child
30  support during the pendency of the action as provided in this subsection.
31  The order shall be entered if the pleadings and the motion for temporary
32  support, if separate from the pleadings, indicate there is only one pre-
33  sumed father and if probable paternity by the presumed father is indi-
34  cated by clear and convincing evidence.  For purposes of this subsection,
35  ``clear and convincing evidence'' may be presented in any form, including,
36  but not limited to, an uncontested allegation in the pleadings, an uncon-
37  tested affidavit or an agreement between the parties.  For purposes of this
38  subsection, ``clear and convincing evidence'' means:
39    (1)  The presumed father does not deny paternity;
40    (2)  the mother and the presumed father were married to each other,
41  regardless of whether the marriage was void or voidable, at any time
42  between 300 days before the child's birth and the child's birth;
43    (3)  a voluntary acknowledgment of paternity was completed by the
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  mother and the presumed father more than 60 days before the motion
 2  was filed and no request to revoke the voluntary acknowledgment has
 3  been filed; or
 4    (4)  results of genetic tests show the probability of paternity by the
 5  presumed father is equal to or greater than 97% and the report was re-
 6  ceived more than 20 days before the motion was filed, unless written
 7  notice of intent to challenge the validity of the report has been timely
 8  given.
 9    (c) (d)  The provisions of this section are part of and supplemental to
10  the Kansas parentage act.
11    Sec. 66.  K.S.A. 1996 Supp. 38-1137 is hereby amended to read as
12  follows: 38-1137. (a) There is hereby established in this state a hospital
13  based program for voluntary acknowledgment of paternity pursuant to
14  K.S.A. 65-2409a, and amendments thereto, for newborn children of un-
15  wed mothers. Birthing hospitals shall participate in the program. Other
16  hospitals and persons may participate in the program by agreement with
17  the secretary of social and rehabilitation services.
18    (b)  The secretary of social and rehabilitation services shall provide
19  information and instructions to birthing hospitals for the hospital based
20  program for voluntary acknowledgment of paternity. The secretary of
21  social and rehabilitation services may adopt rules and regulations estab-
22  lishing procedures for birthing hospitals under the program.
23    (c)  Subject to appropriations, the secretary of social and rehabilitation
24  services is authorized to establish in this state a physicians' office-based
25  program for voluntary acknowledgment of paternity pursuant to K.S.A.
26  65-2409a and amendments thereto for newborn children of unwed moth-
27  ers. The secretary shall provide information and instructions to physicians'
28  offices for the program and may adopt rules and regulations establishing
29  procedures for physicians' offices under the program.
30    (d)  The secretary of health and environment shall provide services for
31  the voluntary acknowledgment of paternity, in appropriate circum-
32  stances, through the office of the state registrar. The secretary of health
33  and environment may adopt rules and regulations to carry out the
34  requirements of this section.
35    Sec. 67.  K.S.A. 1996 Supp. 38-1138 is hereby amended to read as
36  follows: 38-1138. (a) The state registrar of vital statistics, in conjunction
37  with the secretary of social and rehabilitation services, shall review and,
38  as needed, revise acknowledgment of paternity forms for use under K.S.A.
39  38-1130 and 65-2409a, and amendments thereto. The acknowledgment
40  of paternity forms shall include or have attached a written description
41  pursuant to subsection (b) of the rights and responsibilities of acknowl-
42  edging paternity.
43    (b)  A written description of the rights and responsibilities of acknowl-
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 1  edging paternity shall state the following:
 2    (1)  An acknowledgment of paternity creates a permanent father and
 3  child relationship which can only be ended by court order. A person who
 4  wants to revoke the acknowledgment of paternity must file the request
 5  with the court before the child is one year old, unless the person was
 6  under age 18 when the acknowledgment of paternity was signed. A person
 7  under age 18 when the acknowledgment was signed has until one year
 8  after his or her 18th birthday to file a request, but if the child is more
 9  than one year old then, the judge will first consider the child's best inter-
10  ests.
11    The person will have to show that the acknowledgment was based on
12  fraud, duress (threat) or an important mistake of fact, unless the request
13  is filed within 60 days of signing the acknowledgment or before any court
14  hearing about the child, whichever is earlier;
15    (2)  both the father and the mother are responsible for the care and
16  support of the child. If necessary, this duty may be enforced through legal
17  action such as a child support order, an order to pay birth or other medical
18  expenses of the child or an order to repay government assistance pay-
19  ments for the child's care. A parent's willful failure to support the parent's
20  child is a crime;
21    (3)  both the father and the mother have rights of custody and visi-
22  tation with the child unless a court order changes their rights. If necessary,
23  custody and visitation rights may be spelled out in a court order and
24  enforced;
25    (4)  both the father and the mother have the right to consent to med-
26  ical treatment for the child unless a court order changes those rights;
27    (5)  the child may inherit from the father and the father's family or
28  from the mother and the mother's family. The child may receive public
29  benefits, including, but not limited to, social security or private benefits,
30  including, but not limited to, insurance or workers compensation because
31  of the father-child or mother-child relationship;
32    (6)  the father or the mother may be entitled to claim the child as a
33  dependent for tax or other purposes. The father or the mother may inherit
34  from the child or the child's descendants; and
35    (7)  each parent has the right to sign or not sign an acknowledgment
36  of paternity. Each parent has the right to talk with an attorney before
37  signing an acknowledgment of paternity. Each parent has the right to be
38  represented by an attorney in any legal action involving paternity or their
39  rights or duties as a parent. Usually each person is responsible for hiring
40  the person's own attorney.
41    (c)  Any duty to disclose rights or responsibilities related to signing an
42  acknowledgment of paternity shall have been met by furnishing the writ-
43  ten disclosures of subsection (b). Any duty to disclose orally the rights or
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  responsibilities related to signing an acknowledgment of paternity may be
 2  met by means of an audio recording of the disclosures of subsection (b).
 3    (d)  An acknowledgment of paternity completed without the written
 4  disclosures of subsection (b) is not invalid solely for that reason and may
 5  create a presumption of paternity pursuant to K.S.A. 38-1114 and amend-
 6  ments thereto. Nothing in K.S.A. 1996 Supp. 38-1136 through 38-1138
 7  and amendments thereto shall decrease the validity, force or effect of an
 8  acknowledgment of paternity executed in this state prior to the effective
 9  date of this act.
10    (e)  Upon request, the state registrar of vital statistics shall provide a
11  certified copy of the acknowledgment of paternity to an office providing
12  IV-D program services.
13    Sec. 68.  K.S.A. 39-702 is hereby amended to read as follows: 39-702.
14  The following words and phrases when used in this act shall, for the
15  purposes of this act, have the meanings respectively ascribed to them in
16  this section:
17    (a)  ``Secretary'' means the secretary of social and rehabilitation serv-
18  ices.
19    (b)  ``Applicants'' means all persons who, as individuals, or in whose
20  behalf requests are made of the secretary for aid or assistance.
21    (c)  ``Social welfare service'' may include such functions as giving as-
22  sistance, the prevention of public dependency, and promoting the reha-
23  bilitation of dependent persons or those who are approaching public de-
24  pendency.
25    (d)  ``Assistance'' includes such items or functions as the giving or pro-
26  viding of money, food stamps or coupons, food, clothing, shelter, medi-
27  cine or other materials, the giving of any service, including instructive or
28  scientific, and the providing of institutional care, which may be necessary
29  or helpful to the recipient in providing the necessities of life for the re-
30  cipient and the recipient's dependents. The definitions of social welfare
31  service and assistance in this section shall be deemed as partially descrip-
32  tive and not limiting.
33    (e)  ``Aid to families with dependent children'' means financial assis-
34  tance with respect to or on behalf of a dependent child or dependent
35  children and includes financial assistance for any month to meet the needs
36  of the relative with whom any dependent child is living.
37    (f)  ``Medical assistance'' means the payment of all or part of the cost
38  of necessary: (1) Medical, remedial, rehabilitative or preventive care and
39  services which are within the scope of services to be provided under a
40  medical care plan developed by the secretary pursuant to this act and
41  furnished by health care providers who have a current approved provider
42  agreement with the secretary, and (2) transportation to obtain care and
43  services which are within the scope of services to be provided under a
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  medical care plan developed by the secretary pursuant to this act.
 2    (g)  ``Dependent children'' means needy children under the age of 18,
 3  or who are under the age of 19 and are full-time students in secondary
 4  schools or the equivalent educational program or are full-time students
 5  in a program of vocational or technical training if they may be reasonably
 6  expected to complete the training before attaining age 19, who have been
 7  deprived of parental or guardian support or care by reasons of the death,
 8  continued absence from the home, or physical or mental incapacity of a
 9  parent or guardian, and who are living with any blood relative, including
10  those of the half-blood, and including first cousins, uncles, aunts, and
11  persons of preceding generations are denoted by prefixes of grand, great,
12  or great-great, and including the spouses or former spouses of any persons
13  named in the above groups, in a place of residence maintained by one or
14  more of such relatives as their own home. The secretary may adopt rules
15  and regulations which extend the deprivation requirement under this def-
16  inition to include being deprived of parental or guardian support or care
17  by reason of the unemployment of a parent or guardian. The term ``de-
18  pendent children'' also includes children who would meet the foregoing
19  requirements except for their removal from the home of a relative as a
20  result of judicial determination to the effect that continuation therein
21  would be contrary to the welfare of such children, for whose placement
22  and care the secretary is responsible, who have been placed in a foster
23  family home or child care institution as a result of such determination
24  and who received aid to dependent children in or for the month in which
25  court proceedings leading to such determination were initiated, or would
26  have received such aid in or for such month if application had been made
27  therefor, or in the case of a child who had been living with a relative
28  specified above within six months prior to the month in which such pro-
29  ceedings were initiated, would have received such aid in or for such
30  month if in such month such child had been living with and removed
31  from the home of such a relative and application had been made therefor.
32    (h)  ``The blind'' means not only those who are totally and permanently
33  devoid of vision, but also those persons whose vision is so defective as to
34  prevent the performance of ordinary activities for which eyesight is es-
35  sential.
36    (i)  ``General assistance'' means financial assistance in which the cost
37  of such financial assistance is not participated in by the federal govern-
38  ment. General assistance may be limited to transitional assistance in some
39  instances as specified by rules and regulations adopted by the secretary.
40    (j)  ``Recipient'' means a person who has received assistance under the
41  terms of this act.
42    (k)  ``Intake office'' means the place where the secretary shall maintain
43  an office for receiving applications.
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1    (l)  ``Adequate consideration'' means consideration equal, or reason-
 2  ably proportioned to the value of that for which it is given.
 3    (m)  ``Transitional assistance'' means a form of general assistance in
 4  which as little financial assistance as one payment may be made during
 5  each period of 12 consecutive calendar months to an eligible and needy
 6  person and all other persons for whom such person is legally responsible.
 7    (n)  ``Title IV-D'' means part D of title IV of the federal social security
 8  act (42 U.S.C. (section) 651, et seq.), or acts amendatory thereof or supplemental
 9  thereto as in effect on May 1, 1997.
10    Sec. 69.  K.S.A. 39-753 is hereby amended to read as follows: 39-753.
11  For the purpose of providing support collection, parent locator and pa-
12  ternity determination services title IV-D child support enforcement serv-
13  ices, the secretary of social and rehabilitation services shall:
14    (a)  Enter into contracts or agreements necessary to administer this
15  act title IV-D services.
16    (b)  Maintain and operate a central registry, within the organizational
17  unit of the department of social and rehabilitation services responsible
18  for providing child support services, for the location of absent parents.
19    (c)  Develop guidelines for coordinating activities of any governmental
20  department, board, commission, bureau or agency in providing infor-
21  mation necessary for the location of absent parents.
22    (d)  Coordinate any activity on a state level in searching for an absent
23  parent.
24    (e)  Assist in the location of an absent any parent or any other person
25  who has an obligation to support the child of the resident parent as re-
26  quired or permitted under title IV-D.
27    (f)  Initiate and maintain legal actions necessary to implement the pro-
28  visions of this act requirements of title IV-D.
29    (g)  Assist in establishing paternity and in securing and enforcing court
30  orders for support in title IV-D cases.
31    (h)  Utilize, in appropriate cases, support enforcement and collection
32  and location services available through the federal department of health,
33  education and welfare and human services, including but not limited to
34  the services of federal courts, the federal parent locator services and the
35  treasury department, if authorized or required by federal law.
36    (i)  Accept, on behalf of the state, assignment of support rights owed
37  to persons applying for or receiving aid to families with dependent chil-
38  dren pursuant to K.S.A. 39-709 or 39-756 and amendments thereto.
39    (j)  Adopt rules and regulations necessary to carry out the provisions
40  of this act provide title IV-D services and to enable the state to meet
41  requirements set forth in part D of title IV of the federal social security
42  act (42 U.S.C. (section) 651,et seq.), or acts amendatory thereof or supplemental
43  thereto, or federal regulations promulgated pursuant to part D of such
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  act, or acts amendatory thereof or supplemental thereto title IV-D.
 2    (k)  Maintain and operate an automated system to manage title IV-D
 3  information and to perform such activities as may be required or per-
 4  mitted by title IV-D. The automated system shall include a registry, to be
 5  known as the ``state case registry,'' that contains such records with respect
 6  to each title IV-D case as may be required by title IV-D.
 7    Sec. 70.  K.S.A. 39-758 is hereby amended to read as follows: 39-758.
 8    (a) State, county and local units of government, their officers and em-
 9  ployees, shall cooperate with the secretary of social and rehabilitation
10  services in locating absent parents or their assets and shall on request
11  supply the secretary of social and rehabilitation services with available
12  information about an absent parent or the absent parent's assets including
13  but not limited to the location, employment status, income, date of birth
14  and social security number of an the absent parent including or any in-
15  formation concerning medical or health insurance coverage for depend-
16  ents.
17    (b)  Upon written request, federal and state agencies conducting lo-
18  cator activities under title IV-D shall be eligible to receive information
19  leading to the location of an individual if the information is contained
20  within any system used by this state to locate an individual for purposes
21  relating to motor vehicles or law enforcement.
22    (b) (c)  Information received by the secretary of social and rehabili-
23  tation services under this section shall be available upon request to per-
24  sons authorized to receive such information in accordance with rules and
25  regulations duly adopted by the secretary of social and rehabilitation serv-
26  ices.
27    Any person receiving such information shall be subject to the provisions
28  of K.S.A. 39-759 and amendments thereto.  Information of the department
29  of revenue shall be subject to the limitations of K.S.A. 79-3234, and
30  amendments thereto.
31    (d)  Any person or entity providing access to information pursuant to
32  this section, including but not limited to access by automated processes,
33  shall not be liable to any person for good faith actions in providing the
34  access or information.  The provisions of this subsection shall not apply to
35  information of the department of revenue.
36    (e)  Notwithstanding any prohibition to the contrary which may apply
37  to information of the department of revenue, the secretary may enter into
38  an agreement with any agency or official in this state to permit the sec-
39  retary and the secretary's designees access to information for the purposes
40  of this section. Such an agreement shall not be construed to be a contract
41  for the performance of support enforcement services pursuant to K.S.A.
42  75-5365 and amendments thereto.
43    Sec. 71.  K.S.A. 39-759 is hereby amended to read as follows: 39-759.
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  (a) Any With respect to information obtained by the secretary under
 2  K.S.A. 39-758 or sections 3, 12 and 19 and amendments thereto, any
 3  person who willfully requests, obtains or seeks to obtain any confidential
 4  information available under K.S.A. 39-758 under false pretenses or who
 5  willfully communicates or seeks to communicate such information to any
 6  person except in accordance with the provisions of this act and rules and
 7  regulations adopted pursuant thereto any law permitting such disclosure
 8  shall be guilty of a class B nonperson misdemeanor. [With respect to
 9  information obtained by the secretary under K.S.A. 39-758 or sec-
10  tions 3, 12 and 19, and amendments thereto, any person who will-
11  fully requests, obtains or seeks to obtain confidential information
12  under false pretenses or who willfully communicates or seeks to
13  communicate such information to any person except in accordance
14  with any law permitting such disclosure shall be guilty of a severity
15  level 10, nonperson felony.] If the offender is an officer or employee
16  of the state or a political subdivision of the state, such officer or employee
17  shall be dismissed from office. [If the offender's supervisor does not
18  dismiss the offender, such supervisor shall be dismissed from of-
19  fice.] Any violation of this subsection by a IV-D contractor or an agent
20  of a IV-D contractor shall be grounds for termination of the IV-D contract
21  unless the IV-D contractor terminates the contractor's relationship with
22  any individual offender [and the contract shall be terminated]. The
23  provisions of this subsection shall be a complete defense in any civil action
24  concerning such dismissal, termination of the IV-D contract or termina-
25  tion of a contractor's relationship with an individual offender. [When the
26  individual is hired as an officer or employee of the state or a po-
27  litical subdivision or hired by a IV-D contractor, such individual
28  shall be given verbal and written notice of the provisions of this
29  subsection. Such individual shall sign a statement stating that such
30  information was received.]
31    (b)  Effective October 1, 1997, the secretary shall safeguard, to the
32  extent required by title IV-D or any other provision of law, any confiden-
33  tial information handled by the secretary. Unauthorized use or disclosure
34  of information relating to proceedings or actions to establish paternity or
35  to establish or enforce a support obligation is prohibited, except that noth-
36  ing in this provision shall prevent the secretary or the secretary's desig-
37  nees from using or disclosing information, or authorizing use or disclosure
38  of information, as needed in the administration of the IV-D program or
39  as authorized by title IV-D.
40    The release of information concerning the location of one party to an-
41  other party against whom a protective order with respect to the former
42  party has been entered is prohibited. The release of information concern-
43  ing the location of one party to another party is prohibited if the secretary
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 1  has reason to believe that the release of such information may result in
 2  physical or emotional harm to the former party. For purposes of this
 3  subsection, ``has reason to believe'' means that the former party has
 4  claimed good cause for refusing to cooperate in IV-D activities, so long
 5  as the claim is pending or has been approved. Such good cause shall relate
 6  to one of the following:  (1) The child was conceived as a result of incest
 7  or rape; (2) there are legal proceedings for adoption of the child pending
 8  before a court; (3) the custodial parent is currently being assisted by a
 9  public or licensed private social agency in determining whether to keep
10  the child or relinquish the child for adoption; (4) there is documented
11  evidence to support the claim that the child may be physically or emo-
12  tionally harmed; or (5) there is documented evidence to support the claim
13  that the custodial parent may be physically or emotionally harmed so
14  seriously as to reduce the capacity to adequately care for the child.
15    (c)  The provisions of this section shall be in addition to any other
16  prohibition against further disclosure, remedy or sanction provided by
17  law.
18    Sec. 72.  K.S.A. 44-514 is hereby amended to read as follows: 44-514.
19    (a) Except as provided in subsection (b), K.S.A 23-4,146 or the income
20  withholding act and amendments thereto, no claim for compensation, or
21  compensation agreed upon, awarded, adjudged, or paid, shall be assign-
22  able or subject to levy, execution, attachment, garnishment, or any other
23  remedy or procedure for the recovery or collection of a debt, and this
24  exemption cannot be waived.
25    (b)  Claims for compensation, or compensation agreed upon, ad-
26  judged or paid, which are paid to a worker on a weekly basis or by lump
27  sum shall be subject to enforcement of an order for support by means of
28  voluntary or involuntary assignment of a portion of the compensation.
29    (1)  Any involuntary assignment shall be obtained by motion filed
30  within the case which is the basis of the existing order of support.
31    (A)  Any motion seeking an involuntary assignment of compensation
32  shall be served on the claimant and the claimant's counsel to the workers
33  compensation claim, if known, the motion shall set forth:
34    (i)  The amount of the current support order to be enforced;
35    (ii)  the amount of any arrearage alleged to be owed under the support
36  order;
37    (iii)  the identity of the payer of the compensation to the claimant, if
38  known; and
39    (iv)  whether the assignment requested seeks to attach compensation
40  for current support or arrearages or both.
41    (B)  Motions for involuntary assignments of compensation shall be
42  granted. The relief granted for:
43    (i)  Current support shall be collectible from benefits paid on a weekly
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  basis but shall not exceed 25% of the workers gross weekly compensation
 2  excluding any medical compensation and rehabilitation costs paid directly
 3  to providers.
 4    (ii)  Past due support shall be collectible from lump-sum settlements,
 5  judgments or awards but shall not exceed 40% of a lump sum, excluding
 6  any medical compensation and rehabilitation costs paid directly to pro-
 7  viders.
 8    (2)  In any proceeding under this subsection, the court may also con-
 9  sider the modification of the existing support order upon proper notice
10  to the other interested parties.
11    (3)  Any order of involuntary assignment of compensation shall be
12  served upon the payer of compensation and shall set forth the:
13    (A)  Amount of the current support order;
14    (B)  amount of the arrearage owed, if any;
15    (C)  applicable percentage limitations;
16    (D)  name and address of the payee to whom assigned sums shall be
17  disbursed by the payer; and
18    (E)  date the assignment is to take effect and the conditions for ter-
19  mination of the assignment.
20    (4)  For the purposes of this section, ``order for support'' means any
21  order of any Kansas court, authorized by law to issue such an order, which
22  provides for the payment of funds for the support of a child or for main-
23  tenance of a spouse or ex-spouse, and includes such an order which pro-
24  vides for payment of an arrearage accrued under a previously existing
25  order and reimbursement orders, including but not limited to, an order
26  established pursuant to K.S.A. 39-718a and amendments thereto; K.S.A.
27  39-718b and amendments thereto; or an order established pursuant to
28  K.S.A. 23-451et seq., the uniform interstate family support act and
29  amendments thereto.
30    (5)  For all purposes under this section, each obligation to pay child
31  support or order for child support shall be satisfied prior to satisfaction
32  of any obligation to pay or order for maintenance of a spouse or ex-spouse.
33    Sec. 73.  K.S.A. 60-2202 is hereby amended to read as follows: 60-
34  2202. (a) Any judgment rendered in this state by a court of the United
35  States or by a district court of this state in an action commenced under
36  chapter 60 of the Kansas Statutes Annotated shall be a lien on the real
37  estate of the judgment debtor within the county in which judgment is
38  rendered. Except as provided in subsection (c), the lien shall be effective
39  from the time at which the petition stating the claim against the judgment
40  debtor was filed but not to exceed four months prior to the entry of the
41  judgment. An attested copy of the journal entry of the judgment, together
42  with a statement of the costs taxed against the judgment debtor in the
43  case, may be filed in the office of the clerk of the district court of any
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  other county upon payment of the fee prescribed by K.S.A. 28-170 and
 2  amendments thereto, and the judgment shall become a lien on the real
 3  estate of the debtor within that county from the date of filing the copy.
 4  The clerk shall enter the judgment on the appearance docket and index
 5  it in the same manner as if rendered in the court in which the clerk serves.
 6  Executions shall be issued only from the court in which the judgment is
 7  rendered.
 8    (b)  Any judgment rendered by a district court of this state in an action
 9  commenced under chapter 61 of the Kansas Statutes Annotated shall
10  become a lien on the real property of the judgment debtor when the
11  party in whose favor the judgment was rendered pays the fee prescribed
12  by K.S.A. 28-170 and amendments thereto and the clerk of the district
13  court enters the judgment in the appearance docket. The lien shall be-
14  come a lien only upon the debtor's real property that is located in the
15  county in which the filing is made, but a filing may be made in any county
16  in which real property of the judgment debtor is located. Upon the filing
17  of a journal entry of judgment and payment of the fee as provided in this
18  section, the clerk of the district court shall enter it in the appearance
19  docket. The lien shall cease to be a lien on the real property of the judg-
20  ment debtor at the time provided in article 24 of this chapter.
21    (c)  Notwithstanding the foregoing provisions of this section, the filing
22  of a petition or other pleadings against an employee of the state or a
23  municipality which alleges a negligent or wrongful act or omission of the
24  employee while acting within the scope of the employee's employment
25  shall create no lien rights as against the property of the employee prior
26  to judgment, regardless of whether or not it is alleged in the alternative
27  that the employee was acting outside the scope of the employee's em-
28  ployment. A judgment against an employee shall become a lien upon the
29  employee's property when the judgment is rendered only if it is found
30  that (1) the employee's negligent or wrongful act or omission occurred
31  when the employee was acting outside the scope of the employee's em-
32  ployment or (2) the employee's conduct which gave rise to the judgment
33  was because of actual fraud or actual malice of the employee; in those
34  cases the lien shall not be effective prior to the date judgment is rendered.
35  As used in this subsection, ``employee'' has the meaning provided by
36  K.S.A. 75-6102 and amendments thereto.
37    (d)  If unpaid arrearages accrued under a support order rendered in
38  another state give rise to a lien on real property in the state where ren-
39  dered, such arrearages shall become a lien on the real property of the
40  obligor as of the date the clerk of the court in this state enters the order
41  in the appearance docket. The clerk of the court shall enter the order in
42  the appearance docket upon receiving payment of the fee prescribed by
43  K.S.A. 28-170 and amendments thereto; a sworn statement that the ob-
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  ligor was provided at least 30 days' prior written notice that the lien would
 2  be filed in this state, that the obligor was provided an opportunity for
 3  hearing concerning the proposed filing and that no hearing was timely
 4  requested or the decision therein allows the lien to be filed; a sworn state-
 5  ment of the amount of the lien; and a legible copy of the support order
 6  or, in a title IV-D case, a notice of lien that describes the support order.
 7  The lien shall become a lien only upon the obligor's real property that is
 8  located in the county in which the filing is made, but a filing may be made
 9  in any county in which real property of the obligor is located. The lien
10  shall cease to be a lien on the real property of the obligor at the time
11  provided in article 24 of this chapter. As used in this section, ``title IV-D
12  case'' means a case being administered pursuant to part D of title IV of
13  the federal social security act (42 U.S.C. (section) 651 et seq.) and amendments
14  thereto. Any person filing the documents required by this subsection shall
15  be deemed to have submitted to the jurisdiction of the courts of this state
16  with respect to any action in this state to determine the validity of the
17  lien or the lien's attachment to any real property.
18    (e)  A person named as the debtor in a notice of lien filed pursuant to
19  subsection (d) based upon a support order issued in another state, or a
20  person whose interest in real estate is affected by the filing of such a notice
21  of lien may file a petition pursuant to chapter 60 of the Kansas Statutes
22  Annotated, and amendments thereto, with the district court where the
23  notice of lien was filed. The petitioner shall notify the person who filed
24  the notice of lien that a hearing to contest the validity of the lien or the
25  lien's attachment to the petitioner's property will be held no less than 30
26  days after the date of mailing or personal service of the notice.
27    Sec. 74.  K.S.A. 60-2401 is hereby amended to read as follows: 60-
28  2401. (a) Definitions. A general execution is a direction to an officer to
29  seize any nonexempt property of a judgment debtor and cause it to be
30  sold in satisfaction of the judgment. A special execution or order of sale
31  is a direction to an officer to effect some action with regard to specified
32  property as the court determines necessary in adjudicating the rights of
33  parties to an action. Notwithstanding the provisions of K.S.A. 60-706, and
34  amendments thereto, executions served under this section shall be by
35  personal service and not by certified mail return receipt requested. If
36  personal service cannot be obtained, other forms of service of process are
37  hereby authorized.
38    (b)  By whom issued. Executions and orders of sale shall be issued by
39  the clerk at the request of any interested person and directed to the
40  appropriate officers of the counties where they are to be levied.
41    To the extent authorized by section 21 and amendments thereto, the
42  secretary of social and rehabilitation services may issue an order of exe-
43  cution, which shall be directed to the appropriate officer of the county
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  where the execution is to be levied. The secretary shall deliver the exe-
 2  cution to the appropriate officer, and a copy of the execution shall be filed
 3  with the clerk of the district court where the support order was entered
 4  or registered. The execution shall thereafter be treated in all respects as
 5  though it had been issued at the request of the secretary by the clerk of
 6  court where the support order was entered or registered.
 7    (c)  When returnable. The officer to whom any execution or order of
 8  sale is directed shall return it to the court from which it is issued within
 9  60 days from the date thereof. If the execution was issued by the secretary
10  of social and rehabilitation services, the return shall be made to the court
11  where the underlying support order was entered or registered.
12    (d)  Manner of levy. Except as provided in subsection (a), a general
13  execution shall be levied upon any real or personal nonexempt property
14  of the judgment debtor in the manner provided for the service and exe-
15  cution of orders of attachment under K.S.A. 60-706 through 60-710, and
16  amendments thereto. Oil and gas leaseholds, for the purposes of this
17  article, shall be treated as real property. Special executions or orders of
18  sale shall be levied and executed as the court determines.
19    Sec. 75.  K.S.A. 1996 Supp. 74-146 is hereby amended to read as
20  follows: 74-146. (a) As used in K.S.A. 1996 Supp. 74-146 and 74-147 and
21  amendments thereto:
22    (1)  ``Licensing body'' means an official, agency, board or other entity
23  of the state which authorizes individuals to practice a profession in this
24  state and issues a license, certificate, permit or other authorization to an
25  individual so authorized; and
26    (2)  ``licensee'' means an individual who is or may be authorized to
27  practice a profession in this state.
28    (b)  All licensing bodies of this state shall have or adopt procedures
29  for the suspension, termination, nonrenewal or denial of a licensee's au-
30  thority to practice a profession in this state if the licensee has been found
31  in contempt of court pursuant to subsection (f) of K.S.A. 20-1204a and
32  amendments thereto and the licensing body has received receives notice
33  pursuant to K.S.A. 1996 Supp. 74-147 and amendments thereto.
34    Sec. 76.  K.S.A. 1996 Supp. 74-147 is hereby amended to read as
35  follows: 74-147. (a) The Any notice to a licensing body, served pursuant
36  to K.S.A. 20-1204a and amendments thereto, shall have attached a copy
37  of the court order finding the licensee in contempt of court in a child
38  support proceeding. Any notice to a licensing body served pursuant to
39  section 2 and amendments thereto shall have attached a copy of the war-
40  rant or subpoena outstanding against the licensee. The notice shall advise
41  the licensing body of the duty to comply with K.S.A. 1996 Supp. 74-146
42  and 74-147 and amendments thereto; shall provide the name of the li-
43  censee and information which will assist the licensing body to identify the
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  correct person; and shall provide the name, mailing address and tele-
 2  phone number of the person serving the notice. If inadequate identifying
 3  information is included in the notice, the licensing body shall promptly
 4  contact the person serving the notice to request additional information.
 5    (b)  If a licensing body receives a notice pursuant to subsection (a),
 6  the licensing body shall, within 30 days after receiving the notice, notify
 7  the licensee of the licensing body's intent to suspend or to withhold is-
 8  suance or renewal of the licensee's authorization to practice a profession
 9  in this state and of the licensee's rights and duties under this section. If
10  the licensing body does not receive sufficient information with the notice
11  to identify the correct licensee, the 30 days shall commence when suffi-
12  cient identifying information is received.
13    (c)  If the licensing body receives a notice pursuant to subsection (a),
14  the licensing body shall provide the licensee a temporary license, author-
15  izing the individual to practice a profession in this state, if the licensee is
16  otherwise eligible. The temporary license shall be valid for a period of six
17  months from the date the notice to the licensee pursuant to subsection
18    (b) was issued. A temporary license issued under this section shall not be
19  extended, except that the licensing body may extend the temporary li-
20  cense up to 30 days to prevent extreme hardship for a person being served
21  by the licensee. If the licensee does not furnish a release pursuant to
22  subsection (c) within the time required by the licensing body, the licens-
23  ing body shall proceed to suspend, terminate, deny or refuse to renew
24  the licensee's authority to practice a profession in this state.
25    (d)  If an authorization to practice a profession in this state is sus-
26  pended, denied or not renewed pursuant to this section, any funds paid
27  by the licensee shall not be refunded by the licensing body.
28    (e)  If a temporary license has been issued pursuant to subsection (c),
29  the licensee shall obtain a release from the court which found the licensee
30  in contempt of court that authorized the notice to the licensing body, as
31  a condition for the issuance or renewal of the licensee's authorization to
32  practice a profession in this state. The licensing body may impose other
33  conditions. The licensing body may require the licensee to furnish the
34  release before the temporary license expires.
35    (f)  In any review of the licensing body's actions pursuant to K.S.A.
36  1996 Supp. 74-146 and 74-147 and amendments thereto, conducted by
37  the licensing body at the request of the licensee, the issues shall be limited
38  to the identity of the licensee, and the validity of notices pursuant to this
39  section and the validity of any additional conditions imposed by the li-
40  censing body if such conditions are otherwise subject to review. As be-
41  tween The licensing body and the court which found the licensee in con-
42  tempt of court, the court shall have exclusive no jurisdiction over all issues
43  related to the support obligation of the licensee.
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1    Sec. 77.  K.S.A. 75-3306 is hereby amended to read as follows: 75-
 2  3306. (a) The secretary of social and rehabilitation services, except as set
 3  forth in the Kansas administrative procedure act and subsections (f), (g),
 4    (h) and (i), shall provide a fair hearing for any person who is an applicant,
 5  client, inmate, other interested person or taxpayer who appeals from the
 6  decision or final action of any agent or employee of the secretary. The
 7  hearing shall be conducted in accordance with the provisions of the Kan-
 8  sas administrative procedure act.
 9    It shall be the duty of the secretary of social and rehabilitation services
10  to have available in all intake offices, during all office hours, forms for
11  filing complaints for hearings, and appeal forms with which to appeal from
12  the decision of the agent or employee of the secretary. The forms shall
13  be prescribed by the secretary of social and rehabilitation services and
14  shall have printed on or as a part of them the basic procedure for hearings
15  and appeals prescribed by state law and the secretary of social and re-
16  habilitation services.
17    (b)  The secretary of social and rehabilitation services shall have au-
18  thority to investigate (1) any claims and vouchers and persons or busi-
19  nesses who provide services to the secretary of social and rehabilitation
20  services or to welfare recipients, (2) the eligibility of persons to receive
21  assistance and (3) the eligibility of providers of services.
22    (c)  The secretary of social and rehabilitation services shall have au-
23  thority, when conducting investigations as provided for in this section, to
24  issue subpoenas; compel the attendance of witnesses at the place desig-
25  nated in this state; compel the production of any records, books, papers
26  or other documents considered necessary; administer oaths; take testi-
27  mony; and render decisions. If a person refuses to comply with any sub-
28  poena issued under this section or to testify to any matter regarding which
29  the person may lawfully be questioned, the district court of any county,
30  on application of the secretary, may issue an order requiring the person
31  to comply with the subpoena and to testify, and any failure to obey the
32  order of the court may be punished by the court as a contempt of court.
33  Unless incapacitated, the person placing a claim or defending a privilege
34  before the secretary shall appear in person or by authorized representa-
35  tive and may not be excused from answering questions and supplying
36  information, except in accordance with the person's constitutional rights
37  and lawful privileges.
38    (d)  The presiding officer may close any portion of a hearing con-
39  ducted under the Kansas administrative procedure act when matters
40  made confidential, pursuant to federal or state law or regulation are under
41  consideration.
42    (e)  Except as provided in subsection (d) of K.S.A. 77-511 and amend-
43  ments thereto and notwithstanding the other provisions of the Kansas
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  administrative procedure act, the secretary may enforce any order prior
 2  to the disposition of a person's application for an adjudicative proceeding
 3  unless prohibited from such action by federal or state statute, regulation
 4  or court order.
 5    (f)  Decisions Except as provided in this subsection, decisions and final
 6  actions relating to the administration of the support enforcement program
 7  set forth in K.S.A. 39-753 et seq. and amendments thereto except for
 8  federal debt set-off activities shall be exempt from the provisions of the
 9  Kansas administrative procedure act and subsection (a). Decisions and
10  final actions relating to the support enforcement program may be re-
11  viewed pursuant to this section if the decision or final action relates di-
12  rectly to federal debt set-off activities or the person is specifically permit-
13  ted by statute to request a fair hearing under this section.
14    (g)  Decisions relating to administrative disqualification hearings shall
15  be exempt from the provisions of the Kansas administrative procedure
16  act and subsection (a).
17    (h)  The department of social and rehabilitation services shall not have
18  jurisdiction to determine the facial validity of a state or federal statute.
19  The administrative hearings section of the department of social and re-
20  habilitation services shall not have jurisdiction to determine the facial
21  validity of an agency rule and regulation.
22    (i)  The department of social and rehabilitation services shall not be
23  required to provide a hearing if: (1) The department of social and reha-
24  bilitation services lacks jurisdiction of the subject matter; (2) resolution
25  of the matter does not require the department of social and rehabilitation
26  services to issue an order that determines the applicant's legal rights,
27  duties, privileges, immunities or other legal interests; (3) the matter was
28  not timely submitted to the department of social and rehabilitation serv-
29  ices pursuant to regulation or other provision of law; or (4) the matter
30  was not submitted in a form substantially complying with any applicable
31  provision of law.
32    Sec. 78.  K.S.A. 1996 Supp. 79-3234 is hereby amended to read as
33  follows: 79-3234. (a) All reports and returns required by this act shall be
34  preserved for three years and thereafter until the director orders them
35  to be destroyed.
36    (b)  Except in accordance with proper judicial order, or as provided
37  in subsection (c) or in K.S.A. 17-7511, subsection (g) of K.S.A. 46-1106,
38  K.S.A. 46-1114, or K.S.A. 79-32,153a, and amendments thereto, it shall
39  be unlawful for the director, any deputy, agent, clerk or other officer,
40  employee or former employee of the department of revenue or any other
41  state officer or employee or former state officer or employee to divulge,
42  or to make known in any way, the amount of income or any particulars
43  set forth or disclosed in any report, return, federal return or federal return
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  information required under this act; and it shall be unlawful for the di-
 2  rector, any deputy, agent, clerk or other officer or employee engaged in
 3  the administration of this act to engage in the business or profession of
 4  tax accounting or to accept employment, with or without consideration,
 5  from any person, firm or corporation for the purpose, directly or indi-
 6  rectly, of preparing tax returns or reports required by the laws of the state
 7  of Kansas, by any other state or by the United States government, or to
 8  accept any employment for the purpose of advising, preparing material
 9  or data, or the auditing of books or records to be used in an effort to
10  defeat or cancel any tax or part thereof that has been assessed by the
11  state of Kansas, any other state or by the United States government.
12    (c)  Nothing herein shall be construed to prohibit the publication of
13  statistics, so classified as to prevent the identification of particular reports
14  or returns and the items thereof, or the inspection of returns by the
15  attorney general or other legal representatives of the state. Nothing in
16  this section shall prohibit the post auditor from access to all income tax
17  reports or returns in accordance with and subject to the provisions of
18  subsection (g) of K.S.A. 46-1106 or K.S.A. 46-1114, and amendments
19  thereto. Nothing in this section shall be construed to prohibit the disclo-
20  sure of the taxpayer's name, social security number, last known address
21  and total tax liability, including penalty and interest, from income tax
22  returns to a debt collection agency contracting with the secretary of rev-
23  enue pursuant to K.S.A. 75-5140 through 75-5143, and amendments
24  thereto. Nothing in this section shall be construed to prohibit the disclo-
25  sure of job creation and investment information derived from tax sched-
26  ules required to be filed under the Kansas income tax act to the secretary
27  of commerce. Nothing in this section shall be construed to prohibit the
28  disclosure of the taxpayer's name, last known address and residency status
29  to the department of wildlife and parks to be used solely in its license
30  fraud investigations. Nothing in this section shall prohibit the disclosure
31  of the name, residence address, employer or Kansas adjusted gross income
32  of a taxpayer who may have a duty of support in a title IV-D case to the
33  secretary of the Kansas department of social and rehabilitation services
34  for use solely in administrative or judicial proceedings to establish, modify
35  or enforce such support obligation in a title IV-D case. In addition to any
36  other limits on use, such use shall be allowed only where subject to a
37  protective order which prohibits disclosure outside of the title IV-D pro-
38  ceeding. As used in this section, ``title IV-D case'' means a case being
39  administered pursuant to part D of title IV of the federal social security
40  act (42 U.S.C. (section) 651 et seq.) and amendments thereto. Any person re-
41  ceiving any information under the provisions of this subsection shall be
42  subject to the confidentiality provisions of subsection (b) and to the pen-
43  alty provisions of subsection (d).
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1    (d)  Any violation of subsection (b) or (c) is a class B misdemeanor
 2  and, if the offender is an officer or employee of the state, such officer or
 3  employee shall be dismissed from office.
 4    (e)  Notwithstanding the provisions of this section, the secretary of
 5  revenue may permit the commissioner of internal revenue of the United
 6  States, or the proper official of any state imposing an income tax, or the
 7  authorized representative of either, to inspect the income tax returns
 8  made under this act and the secretary of revenue may make available or
 9  furnish to the taxing officials of any other state or the commissioner of
10  internal revenue of the United States or other taxing officials of the fed-
11  eral government, or their authorized representatives, information con-
12  tained in income tax reports or returns or any audit thereof or the report
13  of any investigation made with respect thereto, filed pursuant to the in-
14  come tax laws, as the secretary may consider proper, but such information
15  shall not be used for any other purpose than that of the administration
16  of tax laws of such state, the state of Kansas or of the United States.
17    (f)  Notwithstanding the provisions of this section, the secretary of
18  revenue may:
19    (1)  Communicate to the executive director of the Kansas lottery in-
20  formation as to whether a person, partnership or corporation is current
21  in the filing of all applicable tax returns and in the payment of all taxes,
22  interest and penalties to the state of Kansas, excluding items under formal
23  appeal, for the purpose of determining whether such person, partnership
24  or corporation is eligible to be selected as a lottery retailer;
25    (2)  communicate to the executive director of the Kansas racing com-
26  mission as to whether a person, partnership or corporation has failed to
27  meet any tax obligation to the state of Kansas for the purpose of deter-
28  mining whether such person, partnership or corporation is eligible for a
29  facility owner license or facility manager license pursuant to the Kansas
30  parimutuel racing act; and
31    (3)  provide such information to the president of Kansas, Inc. as re-
32  quired by K.S.A. 1996 Supp. 74-8017, and amendments thereto. The
33  president and any employees or former employees of Kansas, Inc. re-
34  ceiving any such information shall be subject to the confidentiality pro-
35  visions of subsection (b) and to the penalty provisions of subsection (d).
36    (g)  Nothing in this section shall be construed to allow disclosure of
37  the amount of income or any particulars set forth or disclosed in any
38  report, return, federal return or federal return information, where such
39  disclosure is prohibited by the federal internal revenue code as in effect
40  on September 1, 1996, and amendments thereto, related federal internal
41  revenue rules or regulations, or other federal law.
42    Sec. 79.  K.S.A. 1996 Supp. 44-710 is hereby amended to read as
43  follows: 44-710. (a) Payment. Contributions shall accrue and become pay-
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  able by each contributing employer for each calendar year in which the
 2  contributing employer is subject to the employment security law with
 3  respect to wages paid for employment. Such contributions shall become
 4  due and be paid by each contributing employer to the secretary for the
 5  employment security fund in accordance with such rules and regulations
 6  as the secretary may adopt and shall not be deducted, in whole or in part,
 7  from the wages of individuals in such employer's employ. In the payment
 8  of any contributions, a fractional part of $.01 shall be disregarded unless
 9  it amounts to $.005 or more, in which case it shall be increased to $.01.
10  Should contributions for any calendar quarter be less than $1, no payment
11  shall be required.
12    (b)  Rates and base of contributions. (1) Except as provided in para-
13  graph (2) of this subsection, each contributing employer shall pay contri-
14  butions on wages paid by the contributing employer during each calendar
15  year with respect to employment as provided in K.S.A. 44-710a and
16  amendments thereto.
17    (2) (A)  If the congress of the United States either amends or repeals
18  the Wagner-Peyser act, the federal unemployment tax act, the federal
19  social security act, or subtitle C of chapter 23 of the federal internal
20  revenue code of 1986, or any act or acts supplemental to or in lieu thereof,
21  or any part or parts of any such law, or if any such law, or any part or
22  parts thereof, are held invalid with the effect that appropriations of funds
23  by congress and grants thereof to the state of Kansas for the payment of
24  costs of administration of the employment security law are no longer
25  available for such purposes, or (B) if employers in Kansas subject to the
26  payment of tax under the federal unemployment tax act are granted full
27  credit against such tax for contributions or taxes paid to the secretary of
28  human resources, then, and in either such case, beginning with the year
29  in which the unavailability of federal appropriations and grants for such
30  purpose occurs or in which such change in liability for payment of such
31  federal tax occurs and for each year thereafter, the rate of contributions
32  of each contributing employer shall be equal to the total of .5% and the
33  rate of contributions as determined for such contributing employer under
34  K.S.A. 44-710a and amendments thereto. The amount of contributions
35  which each contributing employer becomes liable to pay under this par-
36  agraph (2) over the amount of contributions which such contributing em-
37  ployer would be otherwise liable to pay shall be credited to the employ-
38  ment security administration fund to be disbursed and paid out under the
39  same conditions and for the same purposes as other moneys are author-
40  ized to be paid from the employment security administration fund, except
41  that, if the secretary determines that as of the first day of January of any
42  year there is an excess in the employment security administration fund
43  over the amount required to be disbursed during such year, an amount
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  equal to such excess as determined by the secretary shall be transferred
 2  to the employment security fund.
 3    (c)  Charging of benefit payments. (1) The secretary shall maintain a
 4  separate account for each contributing employer, and shall credit the
 5  contributing employer's account with all the contributions paid on the
 6  contributing employer's own behalf. Nothing in the employment security
 7  law shall be construed to grant any employer or individuals in such em-
 8  ployer's service prior claims or rights to the amounts paid by such em-
 9  ployer into the employment security fund either on such employer's own
10  behalf or on behalf of such individuals. Benefits paid shall be charged
11  against the accounts of each base period employer in the proportion that
12  the base period wages paid to an eligible individual by each such employer
13  bears to the total wages in the base period. Benefits shall be charged to
14  contributing employers' accounts and rated governmental employers' ac-
15  counts upon the basis of benefits paid during each twelve-month period
16  ending on the computation date.
17    (2) (A)  Benefits paid in benefit years established by valid new claims
18  shall not be charged to the account of a contributing employer or rated
19  governmental employer who is a base period employer if the examiner
20  finds that claimant was separated from the claimant's most recent em-
21  ployment with such employer under any of the following conditions: (i)
22  Discharged for misconduct or gross misconduct connected with the in-
23  dividual's work; or (ii) leaving work voluntarily without good cause attrib-
24  utable to the claimant's work or the employer.
25    (B)  Where base period wage credits of a contributing employer or
26  rated governmental employer represent part-time employment and the
27  claimant continues in that part-time employment with that employer dur-
28  ing the period for which benefits are paid, then that employer's account
29  shall not be charged with any part of the benefits paid if the employer
30  provides the secretary with information as required by rules and regula-
31  tions. For the purposes of this subsection (c)(2)(B), ``part-time employ-
32  ment'' means any employment when an individual works concurrently for
33  two or more employers and also works less than full-time for at least one
34  of those employers because the individual's services are not required for
35  the customary, scheduled full-time hours prevailing at the work place or
36  the individual does not customarily work the regularly scheduled full-time
37  hours due to personal choice or circumstances.
38    (C)  No contributing employer or rated governmental employer's ac-
39  count shall be charged with any extended benefits paid in accordance
40  with the employment security law, except for weeks of unemployment
41  beginning after December 31, 1978, all contributing governmental em-
42  ployers and governmental rated employers shall be charged an amount
43  equal to all extended benefits paid.
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1    (D)  No contributing employer or rated governmental employer's ac-
 2  count will be charged for benefits paid a claimant while pursuing an ap-
 3  proved training course as defined in subsection (s) of K.S.A. 44-703 and
 4  amendments thereto.
 5    (E)  No contributing employer or rated governmental employer's ac-
 6  count shall be charged with respect to the benefits paid to any individual
 7  whose base period wages include wages for services not covered by the
 8  employment security law prior to January 1, 1978, to the extent that the
 9  employment security fund is reimbursed for such benefits pursuant to
10  section 121 of public law 94-566 (90 Stat. 2673).
11    (F)  With respect to weeks of unemployment beginning after Decem-
12  ber 31, 1977, wages for insured work shall include wages paid for previ-
13  ously uncovered services. For the purposes of this subsection (c)(2)(F),
14  the term ``previously uncovered services'' means services which were not
15  covered employment, at any time during the one-year period ending De-
16  cember 31, 1975, except to the extent that assistance under title II of the
17  federal emergency jobs and unemployment assistance act of 1974 was
18  paid on the basis of such services, and which:
19    (i)  Are agricultural labor as defined in subsection (w) of K.S.A. 44-
20  703 and amendments thereto or domestic service as defined in subsection
21  (aa) of K.S.A. 44-703 and amendments thereto, or
22    (ii)  are services performed by an employee of this state or a political
23  subdivision thereof, as provided in subsection (i)(3)(E) of K.S.A. 44-703
24  and amendments thereto, or
25    (iii)  are services performed by an employee of a nonprofit educational
26  institution which is not an institution of higher education.
27    (3)  The examiner shall notify any base period employer whose ac-
28  count will be charged with benefits paid following the filing of a valid
29  new claim and a determination by the examiner based on all information
30  relating to the claim contained in the records of the division of employ-
31  ment. Such notice shall become final and benefits charged to the base
32  period employer's account in accordance with the claim unless within 10
33  calendar days from the date the notice was mailed, the base period em-
34  ployer requests in writing that the examiner reconsider the determination
35  and furnishes any required information in accordance with the secretary's
36  rules and regulations. In a similar manner, a notice of an additional claim
37  followed by the first payment of benefits with respect to the benefit year,
38  filed by an individual during a benefit year after a period in such year
39  during which such individual was employed, shall be given to any base
40  period employer of the individual who has requested such a notice within
41  10 calendar days from the date the notice of the valid new claim was
42  mailed to such base period employer. For purposes of this subsection
43    (c)(3), if the required information is not submitted or postmarked within
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  a response time limit of 10 days after the mailing date of the base period
 2  employer notice, the base period employer shall be deemed to have
 3  waived its standing as a party to the proceedings arising from the claim
 4  and shall be barred from protesting any subsequent decisions about the
 5  claim by the secretary, a referee, the board of review or any court, except
 6  that the base period employer's response time limit may be waived or
 7  extended by the examiner or upon appeal, if timely response was impos-
 8  sible due to excusable neglect. The examiner shall notify the employer of
 9  the reconsidered determination which shall be subject to appeal, or fur-
10  ther reconsideration, in accordance with the provisions of K.S.A. 44-709
11  and amendments thereto.
12    (4)  Time, computation and extension. In computing the period of
13  time for a base period employer response or appeals under this section
14  from the examiner's or the special examiner's determination or from the
15  referee's decision, the day of the act, event or default from which the
16  designated period of time begins to run shall not be included. The last
17  day of the period shall be included unless it is a Saturday, Sunday or legal
18  holiday, in which event the period runs until the end of the next day
19  which is not a Saturday, Sunday or legal holiday.
20    (d)  Pooled fund. All contributions and payments in lieu of contribu-
21  tions and benefit cost payments to the employment security fund shall
22  be pooled and available to pay benefits to any individual entitled thereto
23  under the employment security law, regardless of the source of such con-
24  tributions or payments in lieu of contributions or benefit cost payments.
25    (e)  Election to become reimbursing employer; payment in lieu of con-
26  tributions. (1) Any governmental entity for which services are performed
27  as described in subsection (i)(3)(E) of K.S.A. 44-703 and amendments
28  thereto or any nonprofit organization or group of nonprofit organizations
29  described in section 501(c)(3) of the federal internal revenue code of 1986
30  which is exempt from income tax under section 501(a) of such code, that
31  becomes subject to the employment security law may elect to become a
32  reimbursing employer under this subsection (e)(1) and agree to pay the
33  secretary for the employment security fund an amount equal to the
34  amount of regular benefits and 1/2 of the extended benefits paid that are
35  attributable to service in the employ of such reimbursing employer, ex-
36  cept that each reimbursing governmental employer shall pay an amount
37  equal to the amount of regular benefits and extended benefits paid for
38  weeks of unemployment beginning after December 31, 1978, to individ-
39  uals for weeks of unemployment which begin during the effective period
40  of such election.
41    (A)  Any employer identified in this subsection (e)(1) may elect to
42  become a reimbursing employer for a period encompassing not less than
43  four complete calendar years if such employer files with the secretary a
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  written notice of such election within the thirty-day period immediately
 2  following January 1 of any calendar year or within the thirty-day period
 3  immediately following the date on which a determination of subjectivity
 4  to the employment security law is issued, whichever occurs later.
 5    (B)  Any employer which makes an election to become a reimbursing
 6  employer in accordance with subparagraph (A) of this subsection (e)(1)
 7  will continue to be liable for payments in lieu of contributions until such
 8  employer files with the secretary a written notice terminating its election
 9  not later than 30 days prior to the beginning of the calendar year for
10  which such termination shall first be effective.
11    (C)  Any employer identified in this subsection (e)(1) which has re-
12  mained a contributing employer and has been paying contributions under
13  the employment security law for a period subsequent to January 1, 1972,
14  may change to a reimbursing employer by filing with the secretary not
15  later than 30 days prior to the beginning of any calendar year a written
16  notice of election to become a reimbursing employer. Such election shall
17  not be terminable by the employer for four complete calendar years.
18    (D)  The secretary may for good cause extend the period within which
19  a notice of election, or a notice of termination, must be filed and may
20  permit an election to be retroactive but not any earlier than with respect
21  to benefits paid after January 1 of the year such election is received.
22    (E)  The secretary, in accordance with such rules and regulations as
23  the secretary may adopt, shall notify each employer identified in subsec-
24  tion (e)(1) of any determination which the secretary may make of its status
25  as an employer and of the effective date of any election which it makes
26  to become a reimbursing employer and of any termination of such elec-
27  tion. Such determinations shall be subject to reconsideration, appeal and
28  review in accordance with the provisions of K.S.A. 44-710b and amend-
29  ments thereto.
30    (2)  Reimbursement reports and payments. Payments in lieu of con-
31  tributions shall be made in accordance with the provisions of paragraph
32  (A) of this subsection (e)(2) by all reimbursing employers except the state
33  of Kansas. Each reimbursing employer shall report total wages paid dur-
34  ing each calendar quarter by filing quarterly wage reports with the sec-
35  retary which shall become due on or before the 25th day of the first month
36  following the last month of the calendar quarter or in accordance with
37  such rules and regulations as the secretary may adopt. be filed by the last
38  day of the month following the close of each calendar quarter. Wage re-
39  ports are deemed filed as of the date they are placed in the United States
40  mail.
41    (A)  At the end of each calendar quarter, or at the end of any other
42  period as determined by the secretary, the secretary shall bill each re-
43  imbursing employer, except the state of Kansas, (i) an amount to be paid
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  which is equal to the full amount of regular benefits plus 1/2 of the amount
 2  of extended benefits paid during such quarter or other prescribed period
 3  that is attributable to service in the employ of such reimbursing employer;
 4  and (ii) for weeks of unemployment beginning after December 31, 1978,
 5  each reimbursing governmental employer shall be certified an amount to
 6  be paid which is equal to the full amount of regular benefits and extended
 7  benefits paid during such quarter or other prescribed period that is at-
 8  tributable to service in the employ of such reimbursing governmental
 9  employer.
10    (B)  Payment of any bill rendered under paragraph (A) of this sub-
11  section (e)(2) shall be made not later than 30 days after such bill was
12  mailed to the last known address of the reimbursing employer, or oth-
13  erwise was delivered to such reimbursing employer, unless there has been
14  an application for review and redetermination in accordance with para-
15  graph (D) of this subsection (e)(2).
16    (C)  Payments made by any reimbursing employer under the provi-
17  sions of this subsection (e)(2) shall not be deducted or deductible, in
18  whole or in part, from the remuneration of individuals in the employ of
19  such employer.
20    (D)  The amount due specified in any bill from the secretary shall be
21  conclusive on the reimbursing employer, unless, not later than 15 days
22  after the bill was mailed to the last known address of such employer, or
23  was otherwise delivered to such employer, the reimbursing employer files
24  an application for redetermination in accordance with K.S.A. 44-710b and
25  amendments thereto.
26    (E)  Past due payments of amounts certified by the secretary under
27  this section shall be subject to the same interest, penalties and actions
28  required by K.S.A. 44-717 and amendments thereto. If any reimbursing
29  employer is delinquent in making payments of amounts certified by the
30  secretary under this section, the secretary may terminate such employer's
31  election to make payments in lieu of contributions as of the beginning of
32  the next calendar year and such termination shall be effective for such
33  next calendar year and the calendar year thereafter so that the termination
34  is effective for two complete calendar years.
35    (F)  In the discretion of the secretary, any employer who elects to
36  become liable for payments in lieu of contributions and any reimbursing
37  employer who is delinquent in filing reports or in making payments of
38  amounts certified by the secretary under this section shall be required
39  within 60 days after the effective date of such election, in the case of an
40  eligible employer so electing, or after the date of notification to the de-
41  linquent employer under this subsection (e)(2)(F), in the case of a delin-
42  quent employer, to execute and file with the secretary a surety bond,
43  except that the employer may elect, in lieu of a surety bond, to deposit
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  with the secretary money or securities as approved by the secretary. The
 2  amount of the bond or deposit required by this subsection (e)(2)(F) shall
 3  not exceed 5.4% of the organization's taxable wages paid for employment
 4  by the eligible employer during the four calendar quarters immediately
 5  preceding the effective date of the election or the date of notification, in
 6  the case of a delinquent employer. If the employer did not pay wages in
 7  each of such four calendar quarters, the amount of the bond or deposit
 8  shall be as determined by the secretary. Upon the failure of an employer
 9  to comply with this subsection (e)(2)(F) within the time limits imposed
10  or to maintain the required bond or deposit, the secretary may terminate
11  the election of such eligible employer or delinquent employer, as the case
12  may be, to make payments in lieu of contributions, and such termination
13  shall be effective for the current and next calendar year.
14    (G)  The state of Kansas shall make reimbursement payments quar-
15  terly at a fiscal year rate which shall be based upon: (i) The available
16  balance in the state's reimbursing account as of December 31 of each
17  calendar year; (ii) the historical unemployment experience of all covered
18  state agencies during prior years; (iii) the estimate of total covered wages
19  to be paid during the ensuing calendar year; (iv) the applicable fiscal year
20  rate of the claims processing and auditing fee under K.S.A. 75-3798 and
21  amendments thereto; and (v) actuarial and other information furnished
22  to the secretary by the secretary of administration. In accordance with
23  K.S.A. 75-3798 and amendments thereto, the claims processing and au-
24  diting fees charged to state agencies shall be deducted from the amounts
25  collected for the reimbursement payments under this paragraph (G) prior
26  to making the quarterly reimbursement payments for the state of Kansas.
27  The fiscal year rate shall be expressed as a percentage of covered total
28  wages and shall be the same for all covered state agencies. The fiscal year
29  rate for each fiscal year will be certified in writing by the secretary to the
30  secretary of administration on July 15 of each year and such certified rate
31  shall become effective on the July 1 immediately following the date of
32  certification. A detailed listing of benefit charges applicable to the state's
33  reimbursing account shall be furnished quarterly by the secretary to the
34  secretary of administration and the total amount of charges deducted
35  from previous reimbursing payments made by the state. On January 1 of
36  each year, if it is determined that benefit charges exceed the amount of
37  prior reimbursing payments, an upward adjustment shall be made there-
38  for in the fiscal year rate which will be certified on the ensuing July 15.
39  If total payments exceed benefit charges, all or part of the excess may be
40  refunded, at the discretion of the secretary, from the fund or retained in
41  the fund as part of the payments which may be required for the next fiscal
42  year.
43    (3)  Allocation of benefit costs. The reimbursing account of each re-
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  imbursing employer shall be charged the full amount of regular benefits
 2  and 1/2 of the amount of extended benefits paid except that each reim-
 3  bursing governmental employer's account shall be charged the full
 4  amount of regular benefits and extended benefits paid for weeks of un-
 5  employment beginning after December 31, 1978, to individuals whose
 6  entire base period wage credits are from such employer. When benefits
 7  received by an individual are based upon base period wage credits from
 8  more than one employer then the reimbursing employer's or reimbursing
 9  governmental employer's account shall be charged in the same ratio as
10  base period wage credits from such employer bear to the individual's total
11  base period wage credits. Notwithstanding any other provision of the
12  employment security law, no reimbursing employer's or reimbursing gov-
13  ernmental employer's account shall be charged for payments of extended
14  benefits which are wholly reimbursed to the state by the federal govern-
15  ment.
16    (A)  Proportionate allocation (when fewer than all reimbursing base
17  period employers are liable). If benefits paid to an individual are based
18  on wages paid by one or more reimbursing employers and on wages paid
19  by one or more contributing employers or rated governmental employers,
20  the amount of benefits payable by each reimbursing employer shall be
21  an amount which bears the same ratio to the total benefits paid to the
22  individual as the total base period wages paid to the individual by such
23  employer bears to the total base period wages paid to the individual by
24  all of such individual's base period employers.
25    (B)  Proportionate allocation (when all base period employers are re-
26  imbursing employers). If benefits paid to an individual are based on wages
27  paid by two or more reimbursing employers, the amount of benefits pay-
28  able by each such employer shall be an amount which bears the same
29  ratio to the total benefits paid to the individual as the total base period
30  wages paid to the individual by such employer bear to the total base
31  period wages paid to the individual by all of such individual's base period
32  employers.
33    (4)  Group accounts. Two or more reimbursing employers may file a
34  joint application to the secretary for the establishment of a group account
35  for the purpose of sharing the cost of benefits paid that are attributable
36  to service in the employment of such reimbursing employers. Each such
37  application shall identify and authorize a group representative to act as
38  the group's agent for the purposes of this subsection (e)(4). Upon ap-
39  proval of the application, the secretary shall establish a group account for
40  such employers effective as of the beginning of the calendar quarter in
41  which the secretary receives the application and shall notify the group's
42  representative of the effective date of the account. Such account shall
43  remain in effect for not less than four years and thereafter such account
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  shall remain in effect until terminated at the discretion of the secretary
 2  or upon application by the group. Upon establishment of the account,
 3  each member of the group shall be liable for payments in lieu of contri-
 4  butions with respect to each calendar quarter in the amount that bears
 5  the same ratio to the total benefits paid in such quarter that are attrib-
 6  utable to service performed in the employ of all members of the group
 7  as the total wages paid for service in employment by such member in
 8  such quarter bear to the total wages paid during such quarter for service
 9  performed in the employ of all members of the group. The secretary shall
10  adopt such rules and regulations as the secretary deems necessary with
11  respect to applications for establishment, maintenance and termination
12  of group accounts that are authorized by this subsection (e)(4), for ad-
13  dition of new members to, and withdrawal of active members from such
14  accounts, and for the determination of the amounts that are payable un-
15  der this subsection (e)(4) by members of the group and the time and
16  manner of such payments.
17    Sec. 80.  K.S.A. 44-710b is hereby amended to read as follows: 44-
18  710b. (a) By the secretary of human resources. The secretary of human
19  resources shall promptly notify each contributing employer of its rate of
20  contributions, each rated governmental employer of its benefit cost rate
21  and each reimbursing employer of its benefit liability as determined for
22  any calendar year pursuant to K.S.A. 44-710 and 44-710a, and amend-
23  ments thereto. Such determination shall become conclusive and binding
24  upon the employer unless, within 15 days after the mailing of notice
25  thereof to the employer's last known address or in the absence of mailing,
26  within 15 days after the delivery of such notice, the employer files an
27  application for review and redetermination, setting forth the reasons
28  therefor. If the secretary of human resources grants such review, the
29  employer shall be promptly notified thereof and shall be granted an op-
30  portunity for a fair hearing, but no employer shall have standing, in any
31  proceeding involving the employer's rate of contributions or benefit lia-
32  bility, to contest the chargeability to the employer's account of any ben-
33  efits paid in accordance with a determination, redetermination or decision
34  pursuant to subsection (c) of K.S.A. 44-710 and amendments thereto,
35  except upon the ground that the services on the basis of which such
36  benefits were found to be chargeable did not constitute services per-
37  formed in employment for the employer and only in the event that the
38  employer was not a party to such determination, redetermination or de-
39  cision or to any other proceedings under this act in which the character
40  of such services was determined. Any such hearing conducted pursuant
41  to this section shall be heard in the county where the contributing em-
42  ployer maintains its principle place of business. The hearing officer shall
43  render a decision concerning all matters at issue in the hearing within 90
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  days.
 2    (b)  Judicial review. Any action of the secretary upon an employer's
 3  timely request for a review and redetermination of its rate of contribu-
 4  tions or benefit liability, in accordance with subsection (a), is subject to
 5  review in accordance with the act for judicial review and civil enforcement
 6  of agency actions. Any action for such review shall be heard in a summary
 7  manner and shall be given precedence over all other civil cases except
 8  cases arising under subsection (i) of K.S.A. 44-709 and amendments
 9  thereto, and the workmen's compensation act.
10    (c)  Periodic notification of benefits charged. The secretary of human
11  resources may provide by rules and regulations for periodic notification
12  to employers of benefits paid and chargeable to their accounts or of the
13  status of such accounts, and any such notification, in the absence of an
14  application for redetermination filed in such manner and within such
15  period as the secretary of human resources may prescribe, shall become
16  conclusive and binding upon the employer for all purposes. Such rede-
17  terminations, made after notice and opportunity for hearing, and the se-
18  cretary's findings of facts in connection therewith may be introduced in
19  any subsequent administrative or judicial proceedings involving the de-
20  termination of the rate of contributions of any employer for any calendar
21  year and shall be entitled to the same finality as is provided in this sub-
22  section with respect to the findings of fact made by the secretary of human
23  resources in proceedings to redetermine the contribution rate of an em-
24  ployer. The review or any other proceedings relating thereto as provided
25  for in this section may be heard by any duly authorized employee of the
26  secretary of human resources and such action shall have the same effect
27  as if heard by the secretary.
28    Sec. 81.  K.S.A. 1996 Supp. 44-717 is hereby amended to read as
29  follows: 44-717. (a) Penalties on past-due reports, interest on past-due
30  contributions, payments in lieu of contributions and benefit cost pay-
31  ments. Any employer or any officer or agent of an employer, who fails to
32  file any wage report or contribution return when due, as required by the
33  secretary of human resources, or within a five-day grace period, by the
34  last day of the month following the close of each calendar quarter to which
35  they are related shall pay a penalty as provided by this subsection (a) for
36  each month or fraction of a month until the report or return is received
37  by the secretary of human resources. The penalty for each month or
38  fraction of a month shall be an amount equal to .05% of the total wages
39  paid by the employer during the quarter, except that no penalty shall be
40  less than $25 nor more than $200 for each such report or return not
41  timely filed. Payments in lieu of contributions shall be filed by the last
42  day of the month following the close of each calendar quarter to which
43  they are related. Contributions, payments in lieu of contributions and
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  benefit cost payments unpaid on the date on which they are due and
 2  payable, as prescribed by the secretary of human resources, or within a
 3  five-day grace period not filed by the last day of the month following the
 4  last calendar quarter to which they are related, shall bear interest at the
 5  rate of 1% per month or fraction of a month until payment is received
 6  by the secretary of human resources except that an employing unit, which
 7  is not theretofore subject to this law and which becomes an employer and
 8  does not refuse to make the reports, returns and contributions, payments
 9  in lieu of contributions and benefit cost payments required under this
10  law, shall not be liable for such penalty or interest if the wage reports and
11  contribution returns required are filed and the contributions, payments
12  in lieu of contributions or benefit cost payments required are paid within
13  10 days following notification by the secretary of human resources that a
14  determination has been made fixing its status as an employer subject to
15  this law. Upon written request and good cause shown, the secretary of
16  human resources may abate any penalty or interest or portion thereof
17  provided for by this subsection (a). Interest amounting to less than $1
18  shall be waived by the secretary of human resources and shall not be
19  collected. Penalties and interest collected pursuant to this subsection shall
20  be paid into the special employment security fund. For all purposes under
21  this section, amounts assessed as surcharges under subsection (j) or under
22  K.S.A. 44-710a and amendments thereto shall be considered to be con-
23  tributions and shall be subject to penalties and interest imposed under
24  this section and to collection in the manner provided by this section. A
25  wage report, a contribution return, a contribution, a payment in lieu of
26  contribution or a benefit cost payment is deemed filed as of the date it is
27  placed in the United States mail.
28    (b)  Collection. (1) If, after due notice, any employer defaults in pay-
29  ment of any penalty, contributions, payments in lieu of contributions,
30  benefit cost payments, or interest thereon the amount due may be col-
31  lected by civil action in the name of the secretary of human resources
32  and the employer adjudged in default shall pay the cost of such action.
33  Civil actions brought under this section to collect contributions, payments
34  in lieu of contributions, benefit cost payments, penalties, or interest
35  thereon from an employer shall be heard by the district court at the
36  earliest possible date and shall be entitled to preference upon the cal-
37  endar of the court over all other civil actions except petitions for judicial
38  review under this act and cases arising under the workmen's compensa-
39  tion act. All liability determinations of contributions due, payments in lieu
40  of contributions or benefit cost payments due shall be made within a
41  period of five years from the date such contributions, payments in lieu of
42  contributions or benefit cost payments were due except such determi-
43  nations may be made for any time when an employer has filed fraudulent
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  reports with intent to evade liability.
 2    (2)  Any employing unit which is not a resident of this state and which
 3  exercises the privilege of having one or more individuals perform service
 4  for it within this state and any resident employing unit which exercises
 5  that privilege and thereafter removes from this state, shall be deemed
 6  thereby to appoint the secretary of state as its agent and attorney for the
 7  acceptance of process in any civil action under this subsection. In insti-
 8  tuting such an action against any such employing unit the secretary of
 9  human resources shall cause such process or notice to be filed with the
10  secretary of state and such service shall be sufficient service upon such
11  employing unit and shall be of the same force and validity as if served
12  upon it personally within this state. The secretary of human resources
13  shall send notice immediately of the service of such process or notice,
14  together with a copy thereof, by registered or certified mail, return receipt
15  requested, to such employing unit at its last-known address and such
16  return receipt, the affidavit of compliance of the secretary of human re-
17  sources with the provisions of this section, and a copy of the notice of
18  service, shall be appended to the original of the process filed in the court
19  in which such civil action is pending.
20    (3)  Any contractor, who is or becomes an employer under the pro-
21  visions of this act, who contracts with any subcontractor, who also is or
22  becomes an employer under the provisions of this act, shall be directly
23  liable for such contributions, penalties and interest due from the subcon-
24  tractor and the secretary of human resources shall have all of the remedies
25  of collection against the contractor under the provisions of this act as
26  though the services in question were performed directly for the contrac-
27  tor, unless the contractor requires the subcontractor to provide a good
28  and sufficient bond guaranteeing payment of all contributions, penalties
29  and interest due or to become due with respect to wages paid for em-
30  ployment on the contract. For the purpose of this subsection (b)(3), the
31  words, ``contractor'' and ``subcontractor'' mean and include individuals,
32  partnerships, firms or corporations, or other associations of persons en-
33  gaged in the business of the construction, alteration, repairing, disman-
34  tling or demolition of buildings, roads, bridges, viaducts, sewers, water
35  and gas mains, streets, disposal plants, water filters, tanks and towers,
36  airports, dams, levees and canals, oil and gas wells, water wells, pipelines,
37  and every other type of structure, project, development or improvement
38  coming within the definition of real property.
39    (4)  The district courts of this state shall entertain, in the manner
40  provided in subsections (b)(1), (b)(2) and (b)(3), actions to collect con-
41  tributions, payments in lieu of contributions, benefit cost payments and
42  other amounts owed including interest thereon for which liability has
43  accrued under the employment security law of any other state or of the
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  federal government.
 2    (c)  Priorities under legal dissolutions or distributions. In the event of
 3  any distribution of employer's assets pursuant to an order of any court
 4  under the laws of this state, including but not limited to any probate
 5  proceeding, interpleader, receivership, assignment for benefit of credi-
 6  tors, adjudicated insolvency, composition or similar proceedings, contri-
 7  butions or payments in lieu of contributions then or thereafter due shall
 8  be paid in full from the moneys which shall first come into the estate,
 9  prior to all other claims, except claims for wages of not more than $250
10  to each claimant, earned within six months of the commencement of the
11  proceedings. In the event of an employer's adjudication in bankruptcy,
12  judicially confirmed extension proposal, or composition, under the federal
13  bankruptcy act of 1898, as amended, contributions then or thereafter due
14  shall be entitled to such priority as is provided in that act for taxes due
15  any state of the United States.
16    (d)  Assessments. If any employer fails to file a report or return re-
17  quired by the secretary of human resources for the determination of con-
18  tributions, or payments in lieu of contributions, or benefit cost payments,
19  the secretary of human resources may make such reports or returns or
20  cause the same to be made, on the basis of such information as the sec-
21  retary may be able to obtain and shall collect the contributions, payments
22  in lieu of contributions or benefit cost payments as determined together
23  with any interest due under this act. The secretary of human resources
24  shall immediately forward to the employer a copy of the assessment by
25  registered or certified mail to the employer's address as it appears on the
26  records of the agency, and such assessment shall be final unless the em-
27  ployer protests such assessment and files a corrected report or return for
28  the period covered by the assessment within 15 days after the mailing of
29  the copy of assessment. Failure to receive such notice shall not invalidate
30  the assessment. Notice in writing shall be presumed to have been given
31  when deposited as certified or registered matter in the United States mail,
32  addressed to the person to be charged with notice at such person's address
33  as it appears on the records of the agency.
34    (e) (1)  Lien. If any employer or person who is liable to pay contri-
35  butions, payments in lieu of contributions or benefit cost payments ne-
36  glects or refuses to pay the same after demand, the amount, including
37  interest and penalty, shall be a lien in favor of the state of Kansas, sec-
38  retary of human resources, upon all property and rights to property,
39  whether real or personal, belonging to such employer or person. Such
40  lien shall not be valid as against any mortgagee, pledgee, purchaser or
41  judgment creditor until notice thereof has been filed by the secretary of
42  human resources in the office of register of deeds in any county in the
43  state of Kansas, in which such property is located, and when so filed shall
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  be notice to all persons claiming an interest in the property of the em-
 2  ployer or person against whom filed. The register of deeds shall enter
 3  such notices in the financing statement record and shall also record the
 4  same in full in miscellaneous record and index the same against the name
 5  of the delinquent employer. The register of deeds shall accept, file, and
 6  record such notice without prepayment of any fee, but lawful fees shall
 7  be added to the amount of such lien and collected when satisfaction is
 8  presented for entry. Such lien shall be satisfied of record upon the pres-
 9  entation of a certificate of discharge by the state of Kansas, secretary of
10  human resources. Nothing contained in this subsection (e) shall be con-
11  strued as an invalidation of any lien or notice filed in the name of the
12  unemployment compensation division or the employment security divi-
13  sion and such liens shall be and remain in full force and effect until
14  satisfied as provided by this subsection (e).
15    (2)  Authority of secretary or authorized representative. If any em-
16  ployer or person who is liable to pay any contributions, payments in lieu
17  of contributions or benefit cost payments, including interest and penalty,
18  neglects or refuses to pay the same within 10 days after notice and de-
19  mand therefor, the secretary or the secretary's authorized representative
20  may collect such contributions, payments in lieu of contributions or ben-
21  efit cost payments, including interest and penalty, and such further
22  amount as is sufficient to cover the expenses of the levy, by levy upon all
23  property and rights to property which belong to the employer or person
24  or which have a lien created thereon by this subsection (e) for the pay-
25  ment of such contributions, payments in lieu of contributions or benefit
26  cost payments, including interest and penalty. As used in this subsection
27    (e), ``property'' includes all real property and personal property, whether
28  tangible or intangible, except such property which is exempt under K.S.A.
29  60-2301 et seq., and amendments thereto. Levy may be made upon the
30  accrued salary or wages of any officer, employee or elected official of any
31  state or local governmental entity which is subject to K.S.A. 60-723 and
32  amendments thereto, by serving a notice of levy as provided in subsection
33    (d) of K.S.A. 60-304 and amendments thereto. If the secretary or the
34  secretary's authorized representative makes a finding that the collection
35  of the amount of such contributions, payments in lieu of contributions or
36  benefit cost payments, including interest and penalty, is in jeopardy, no-
37  tice and demand for immediate payment of such amount may be made
38  by the secretary or the secretary's authorized representative and, upon
39  failure or refusal to pay such amount, immediate collection of such
40  amount by levy shall be lawful without regard to the ten-day period pro-
41  vided in this subsection (e).
42    (3)  Seizure and sale of property. The authority to levy granted under
43  this subsection (e) includes the power of seizure by any means. A levy
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  shall extend only to property possessed and obligations existing at the
 2  time thereof. In any case in which the secretary or the secretary's au-
 3  thorized representative may levy upon property or rights to property, the
 4  secretary or the secretary's authorized representative may seize and sell
 5  such property or rights to property.
 6    (4)  Successive seizures. Whenever any property or right to property
 7  upon which levy has been made under this subsection (e) is not sufficient
 8  to satisfy the claim of the secretary for which levy is made, the secretary
 9  or the secretary's authorized representative may proceed thereafter and
10  as often as may be necessary, to levy in like manner upon any other
11  property or rights to property which belongs to the employer or person
12  against whom such claim exists or upon which a lien is created by this
13  subsection (e) until the amount due from the employer or person, to-
14  gether with all expenses, is fully paid.
15    (f)  Warrant. In addition or as an alternative to any other remedy
16  provided by this section and provided that no appeal or other proceeding
17  for review permitted by this law shall then be pending and the time for
18  taking thereof shall have expired, the secretary of human resources or an
19  authorized representative of the secretary may issue a warrant certifying
20  the amount of contributions, payments in lieu of contributions, benefit
21  cost payments, interest or penalty, and the name of the employer liable
22  for same after giving 15 days prior notice. Upon request, service of final
23  notices shall be made by the sheriff within the sheriff's county, by the
24  sheriff's deputy or some person specially appointed by the secretary for
25  that purpose, or by the secretary's designee. A person specially appointed
26  by the secretary or the secretary's designee to serve final notices may
27  make service any place in the state. Final notices shall be served as fol-
28  lows:
29    (1)  Individual. Service upon an individual, other than a minor or in-
30  capacitated person, shall be made by delivering a copy of the final notice
31  to the individual personally or by leaving a copy at such individual's dwell-
32  ing house or usual place of abode with some person of suitable age and
33  discretion then residing therein, by leaving a copy at the business estab-
34  lishment of the employer with an officer or employee of the establish-
35  ment, or by delivering a copy to an agent authorized by appointment or
36  by law to receive service of process, but if the agent is one designated by
37  a statute to receive service, such further notice as the statute requires
38  shall be given. If service as prescribed above cannot be made with due
39  diligence, the secretary or the secretary's designee may order service to
40  be made by leaving a copy of the final notice at the employer's dwelling
41  house, usual place of abode or business establishment.
42    (2)  Corporations and partnerships. Service upon a domestic or for-
43  eign corporation or upon a partnership or other unincorporated associa-
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  tion, when by law it may be sued as such, shall be made by delivering a
 2  copy of the final notice to an officer, partner or resident managing or
 3  general agent thereof by leaving a copy at any business office of the em-
 4  ployer with the person having charge thereof or by delivering a copy to
 5  any other agent authorized by appointment or required by law to receive
 6  service of process, if the agent is one authorized by law to receive service
 7  and, if the law so requires, by also mailing a copy to the employer.
 8    (3)  Refusal to accept service. In all cases when the person to be
 9  served, or an agent authorized by such person to accept service of peti-
10  tions and summonses, shall refuse to receive copies of the final notice,
11  the offer of the duly authorized process server to deliver copies thereof
12  and such refusal shall be sufficient service of such notice.
13    (4)  Proof of service. (A) Every officer to whom a final notice or other
14  process shall be delivered for service within or without the state, shall
15  make return thereof in writing stating the time, place and manner of
16  service of such writ, and shall sign such officer's name to such return.
17    (B)  If service of the notice is made by a person appointed by the
18  secretary or the secretary's designee to make service, such person shall
19  make an affidavit as to the time, place and manner of service thereof in
20  a form prescribed by the secretary or the secretary's designee.
21    (5)  Time for return. The officer or other person receiving a final no-
22  tice shall make a return of service promptly and shall send such return
23  to the secretary or the secretary's designee in any event within 10 days
24  after the service is effected. If the final notice cannot be served it shall
25  be returned to the secretary or the secretary's designee within 30 days
26  after the date of issue with a statement of the reason for the failure to
27  serve the same. The original return shall be attached to and filed with
28  any warrant thereafter filed.
29    (6)  Service by mail. (A) Upon direction of the secretary or the secre-
30  tary's designee, service by mail may be effected by forwarding a copy of
31  the notice to the employer by registered or certified mail to the employ-
32  er's address as it appears on the records of the agency. A copy of the
33  return receipt shall be attached to and filed with any warrant thereafter
34  filed.
35    (B)  The secretary of human resources or an authorized representative
36  of the secretary may file the warrant for record in the office of the clerk
37  of the district court in the county in which the employer owing such
38  contributions, payments in lieu of contributions, benefit cost payments,
39  interest, or penalty has business property. The warrant shall certify the
40  amount of contributions, payments in lieu of contributions, benefit cost
41  payments, interest and penalty due, and the name of the employer liable
42  for such amount. It shall be the duty of the clerk of the district court to
43  file such warrant of record and enter the warrant in the records of the
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  district court for judgment and decrees under the procedure prescribed
 2  for filing transcripts of judgment.
 3    (C)  The clerk shall enter, on the day the warrant is filed, the case on
 4  the appearance docket, together with the amount and the time of filing
 5  the warrant. From the time of filing such warrant, the amount of the
 6  contributions, payments in lieu of contributions, benefit cost payments,
 7  interest, and penalty, certified therein, shall have the force and effect of
 8  a judgment of the district court until the same is satisfied by the secretary
 9  of human resources or an authorized representative or attorney for the
10  secretary. Execution shall be issuable at the request of the secretary of
11  human resources, an authorized representative or attorney for the sec-
12  retary, as is provided in the case of other judgments.
13    (D)  Postjudgment procedures shall be the same as for judgments
14  according to the code of civil procedure.
15    (E)  Warrants shall be satisfied of record by payment to the clerk of
16  the district court of the contributions, payments in lieu of contributions,
17  benefit cost payments, penalty, interest to date, and court costs. Warrants
18  may also be satisfied of record by payment to the clerk of the district
19  court of all court costs accrued in the case and by filing a certificate by
20  the secretary of human resources, certifying that the contributions, pay-
21  ments in lieu of contributions, benefit cost payments, interest and penalty
22  have been paid.
23    (g)  Remedies cumulative. The foregoing remedies shall be cumulative
24  and no action taken shall be construed as an election on the part of the
25  state or any of its officers to pursue any remedy or action under this
26  section to the exclusion of any other remedy or action for which provision
27  is made.
28    (h)  Refunds. If any individual, governmental entity or organization
29  makes application for refund or adjustment of any amount paid as con-
30  tributions, benefit cost payments or interest under this law and the sec-
31  retary of human resources determines that such amount or any portion
32  thereof was erroneously collected, except for amounts less than $1, the
33  secretary of human resources shall allow such individual or organization
34  to make an adjustment thereof without interest, in connection with sub-
35  sequent contribution payments, or if such adjustment cannot be made
36  the secretary of human resources shall refund the amount, except for
37  amounts less than $1, without interest, from the employment security
38  fund, except that all interest erroneously collected which has been paid
39  into the special employment security fund shall be refunded out of the
40  special employment security fund. No adjustment or refund shall be al-
41  lowed with respect to a payment as contributions, benefit cost payments
42  or interest unless an application therefor is made on or before whichever
43  of the following dates is later: (1) One year from the date on which such
H Sub. for SB 140--Fur. Am. by H on FA
                                     

 1  payment was made; or (2) three years from the last day of the period with
 2  respect to which such payment was made. For like cause and within the
 3  same period adjustment or refund may be so made on the secretary's own
 4  initiative. The secretary of human resources shall not be required to re-
 5  fund any contributions, payments in lieu of contributions or benefit cost
 6  payments based upon wages paid which have been used as base-period
 7  wages in a determination of a claimant's benefit rights when justifiable
 8  and correct payments have been made to the claimant as the result of
 9  such determination. For all taxable years commencing after December 31,
10  1997, interest at the rate prescribed in K.S.A. 79-2968 and amendments
11  thereto shall be allowed on a contribution or benefit cost payment which
12  the secretary has determined was erroneously collected pursuant to this
13  section. Such interest may be deducted from subsequent contributions or
14  as part of a refund as described in this subsection and in subsection (i).
15    (i)  Refund for reimbursing employer. Upon termination of an em-
16  ployer's business or termination of any election to make payments in lieu
17  of contributions, a reimbursing employer may file for a refund of any
18  payments made to the fund which are in excess of any regular or extended
19  benefits which have been charged or could become chargeable to the
20  reimbursing employer's account. No refund may be made within a
21  twenty-four-month period following termination of a reimbursing em-
22  ployer's business or election for payments in lieu of contributions.
23    (j) (1)  Cash deposit or bond. If any contributing employer is delin-
24  quent in making payments under the employment security law during any
25  two quarters of the most recent four-quarter period, the secretary or the
26  secretary's authorized representative shall have the discretionary power
27  to require such contributing employer either to deposit cash or to file a
28  bond with sufficient sureties to guarantee the payment of contributions,
29  penalty and interest owed by such employer.
30    (2)  The amount of such cash deposit or bond shall be not less than
31  the largest total amount of contributions, penalty and interest reported
32  by the employer in two of the four calendar quarters preceding any de-
33  linquency. Such cash deposit or bond shall be required until the employer
34  has shown timely filing of reports and payment of contributions for four
35  consecutive calendar quarters.
36    (3)  Failure to file such cash deposit or bond shall subject the em-
37  ployer to a surcharge of 2.0% which shall be in addition to the rate of
38  contributions assigned to the employer under K.S.A. 44-710a and amend-
39  ments thereto. Contributions paid as a result of this surcharge shall not
40  be credited to the employer's experience rating account. This surcharge
41  shall be effective during the next full calendar year after its imposition
42  and during each full calendar year thereafter until the employer has filed
43  the required cash deposit or bond or has shown timely filing of reports
H Sub. for SB 140--Fur. Am. by H on FA
                                    

 1  and payment of contributions for four consecutive calendar quarters.
 2    (k)  Any officer, major stockholder or other person who has charge of
 3  the affairs of an employer, which is an employing unit described in section
 4  501(c)(3) of the federal internal revenue code of 1954 or which is any
 5  other corporate organization or association, or any member or manager
 6  of a limited liability company, or any public official, who willfully fails to
 7  pay the amount of contributions, payments in lieu of contributions or
 8  benefit cost payments required to be paid under the employment security
 9  law on the date on which such amount becomes delinquent, shall be
10  personally liable for the total amount of the contributions, payments in
11  lieu of contributions or benefit cost payments and any penalties and in-
12  terest due and unpaid by such employing unit. The secretary or the se-
13  cretary's authorized representative may assess such person for the total
14  amount of contributions, payments in lieu of contributions or benefit cost
15  payments and any penalties, and interest computed as due and owing.
16  With respect to such persons and such amounts assessed, the secretary
17  shall have available all of the collection remedies authorized or provided
18  by this section.
19    New Sec. 82.  On and after January 1, 1998, the secretary of human
20  resources shall make available in a medium readily accessible to contrib-
21  uting employers all administrative rulings of the department of human
22  resources which affect the duties and responsibilities of contributing em-
23  ployers. Such rulings shall be provided in such a manner as to conceal
24  the identity of the specific employer for whom the ruling concerned. The
25  secretary shall cause to be published in the Kansas register a description
26  of each such administrative ruling within 30 days of such ruling together
27  with specific instructions as to how the complete text of the administrative
28  ruling may be obtained.
29    New Sec. 83.  If the state of Kansas or any state agency is fined or
30  has withheld from eligible amounts for TANF block grants under title
31  IV-A of the federal social security act or for funds under title IV-D of the
32  federal social security act an amount of $5,000,000 or more in any fiscal
33  year because it is determined that the state of Kansas is not in compliance
34  with title IV-D of the federal social security act, the secretary of social
35  and rehabilitation services shall so certify and this act shall sunset on June
36  30 of the affected fiscal year.
37    [New Sec. 84.  From any funds [current support] collected in
38  any one month from an obligor, the secretary of social and reha-
39  bilitation services shall pay to the [on behalf of an] individual who
40  is receiving services from the department of social and rehabili-
41  tation services pursuant to a title IV-D case from the money paid
42  from the obligor [the secretary shall pay to such individual], an
43  amount equal [up to] to $40. As used in this section, ``title IV-D
H Sub. for SB 140--Fur. Am. by H on FA
                                    

 1  case'' means a case being administered pursuant to part D of title
 2  IV of the federal social security act (42 U.S.C. (section) 651 et seq.) and
 3  amendments thereto.]
 4    [New Sec. 85.  (a) All employers and labor organizations doing
 5  business in this state who are required by the United States gov-
 6  ernment to have all new employees fill out an I-9 form shall place
 7  [attach] an additional question on such form [to such I-9 form]
 8  asking ``Are you currently or have you been ordered to pay child
 9  support pursuant to a court order?'' All such employers and labor
10  organizations shall require new employees to answer this question,
11  under penalty of perjury, and have such statement signed and no-
12  tarized.
13    [(b)  If the employee answers in the affirmative to such ques-
14  tion, the employer or labor organization shall submit such state-
15  ment within 20 days of the hiring, rehiring or return to work of
16  the employee or 20 days from the date the employee first receives
17  wages or other compensation from the employer to the secretary
18  of human resources. The statement shall also contain the employ-
19  ee's social security number.
20    [(c)  The department of social and rehabilitation services shall
21  have access to such statements to match the employee's social se-
22  curity number with title IV-D cases.
23    [Sec. 86.  K.S.A. 21-3805 is hereby amended to read as follows:
24  21-3805. (a) Perjury is intentionally, knowingly and falsely:
25    [(1)  Swearing, testifying, affirming, declaring or subscribing to
26  any material fact upon any oath or affirmation legally administered
27  in any cause, matter or proceeding before any court, tribunal, pub-
28  lic body, notary public or other officer authorized to administer
29  oaths; or
30    [(2)  subscribing as true and correct under penalty of perjury
31  any material matter in any declaration, verification, certificate or
32  statement as permitted by K.S.A. 53-601 and amendments thereto.;
33  or
34    [(3)  subscribing as true and correct under penalty of perjury any
35  statement as required by section 84 [85], and amendments thereto.
36    [(b) (1)  Perjury is a severity level 7, nonperson felony if the
37  false statement is made upon the trial of a felony charge.
38    [(2)  Perjury is a severity level 9, nonperson felony if the false
39  statement is made in a cause, matter or proceeding other than the
40  trial of a felony charge or is made under penalty of perjury in any
41  declaration, verification, certificate or statement as permitted by
42  K.S.A. 53-601 and amendments thereto.]
43    [New Sec. 87.  (a) Except as otherwise provided in this section,
H Sub. for SB 140--Fur. Am. by H on FA
                                    

 1  the social security number of any individual applicant for a pro-
 2  fessional license, occupational license or marriage license shall be
 3  requested, if available, on the application for such license. As used
 4  in this section, ``on the application'' includes but is not limited to
 5  any document attached or supplemental to an application or any
 6  optically, electronically or magnetically recorded data related to
 7  an individual application.
 8    [(b)  An agency or other body that accepts applications for pro-
 9  fessional, occupational or marriage licenses may permit the use of
10  a Kansas driver's license number or a nondriver's identification
11  card number on an application, provided that the agency or body
12  so advises the applicant.]
13    [New Sec. 88.  On and after July 1, 1998: (a) There is created
14  the office of administrative hearings within the department of ad-
15  ministration, to be headed by a director appointed by the secretary
16  of administration.
17    [(b)  The office shall employ administrative law judges, court
18  reporters and other support personnel as necessary to conduct
19  proceedings required by the Kansas administrative procedure act
20  for adjudicative proceedings of the department of social and re-
21  habilitation services. The office shall conduct adjudicative pro-
22  ceedings of the department of social and rehabilitation services
23  which are not under the Kansas administrative procedure act when
24  requested by such agency. Only a person admitted to practice law
25  in this state may be employed as an administrative law judge. The
26  office may employ regular part-time personnel. Persons employed
27  by the office shall be under the classified civil service.
28    [(c)  If the office cannot furnish one of its administrative law
29  judges in response to the department of social and rehabilitation
30  services request, the director shall designate in writing a full-time
31  employee of an agency other than the department of social and
32  rehabilitation services to serve as administrative law judge for the
33  proceeding, but only with the consent of the employing agency.
34  The designee must possess the same qualifications required of ad-
35  ministrative law judges employed by the office.
36    [(d)  The director may furnish administrative law judges on a
37  contract basis to any governmental entity to conduct any proceed-
38  ing not subject to the Kansas administrative procedure act or not
39  listed in section 90 and amendments thereto.
40    [(e)  On or before January 1, 1999, the department of admin-
41  istration shall adopt rules and regulations:
42    [(1)  To establish further qualifications for administrative law
43  judges, procedures by which candidates will be considered for em-
H Sub. for SB 140--Fur. Am. by H on FA
                                    

 1  ployment, and the manner in which public notice of vacancies in
 2  the staff of the office will be given;
 3    [(2)  to establish procedures for agencies to request and for the
 4  director to assign administrative law judges. The department of
 5  social and rehabilitation services may neither select nor reject any
 6  individual administrative law judge for any proceeding except in
 7  accordance with the Kansas administrative procedure act;
 8    [(3)  to establish procedures and adopt forms, consistent with
 9  the Kansas administrative procedure act, the model rules of pro-
10  cedure, and other provisions of law, to govern administrative law
11  judges;
12    [(4)  to establish standards and procedures for the evaluation,
13  training, promotion and discipline of administrative law judges;
14  and
15    [(5)  to facilitate the performance of the responsibilities con-
16  ferred upon the office by the Kansas administrative procedure act.
17    [(f)  The director may:
18    [(1)  Maintain a staff of reporters and other personnel; and
19    [(2)  implement the provisions of this section and rules and reg-
20  ulations adopted under its authority.
21    [(g)  The department of administration may adopt rules and
22  regulations to establish fees to charge a state agency for the cost
23  of using an administrative law judge.
24    [(h)  Effective July 1, 1998, personnel in the administrative
25  hearings section of the department of social and rehabilitation
26  services and support personnel for such administrative law judges,
27  shall be transferred to the office of administrative hearings. Such
28  personnel shall retain all rights under the state personnel system
29  and retirement benefits under the laws of this state, and such per-
30  son's services shall be deemed to have been continuous. This act
31  shall not affect any matter pending before an administrative hear-
32  ing officer at the time of the effective date of the transfer, and
33  such matter shall proceed as though no transfer of employment
34  had occurred.
35    [New Sec. 89.  On and after July 1, 1998: (a) There is hereby
36  created a state advisory council for administrative hearings. The
37  advisory council shall consist of seven members appointed by the
38  governor. All members of the council shall serve at the pleasure
39  of the governor. Members of the council shall not receive com-
40  pensation or expense allowances for serving on the council.
41    [(b)  The council shall meet on call of the secretary of admin-
42  istration.
43    [(c)  The advisory council shall advise the secretary of admin-
H Sub. for SB 140--Fur. Am. by H on FA
                                    

 1  istration and the director of the office of administrative hearings
 2  on policy matters affecting the office of administrative hearings
 3  and on rules and regulations adopted by the director.
 4    [New Sec. 90.  On and after July 1, 1998: (a) In hearings of the
 5  department of social and rehabilitation services under K.S.A. 39-
 6  1807, 65-4015, 65-4606, 65-4927, 75-3306 and 75-3340, and
 7  amendments thereto, the presiding officer shall be the agency
 8  head, one or more members of the agency head or an administra-
 9  tive law judge assigned by the office of administrative hearings.
10    [(b)  This section shall be part of and supplemental to the Kan-
11  sas administrative procedure act.
12    [Sec. 91.  On and after July 1, 1998, K.S.A. 75-3306, as
13  amended by section 77 of this act, is hereby amended to read as
14  follows: 75-3306. (a) The secretary of social and rehabilitation serv-
15  ices, except as set forth in the Kansas administrative procedure act
16  and subsections (f), (g), (h) and (i), shall provide a fair hearing for
17  any person who is an applicant, client, inmate, other interested
18  person or taxpayer who appeals from the decision or final action
19  of any agent or employee of the secretary. The hearing shall be
20  conducted in accordance with the provisions of the Kansas admin-
21  istrative procedure act.
22    [It shall be the duty of the secretary of social and rehabilitation
23  services to have available in all intake offices, during all office
24  hours, forms for filing complaints for hearings, and appeal forms
25  with which to appeal from the decision of the agent or employee
26  of the secretary. The forms shall be prescribed by the secretary of
27  social and rehabilitation services and shall have printed on or as a
28  part of them the basic procedure for hearings and appeals pre-
29  scribed by state law and the secretary of social and rehabilitation
30  services.
31    [(b)  The secretary of social and rehabilitation services shall
32  have authority to investigate (1) any claims and vouchers and per-
33  sons or businesses who provide services to the secretary of social
34  and rehabilitation services or to welfare recipients, (2) the eligi-
35  bility of persons to receive assistance and (3) the eligibility of pro-
36  viders of services.
37    [(c)  The secretary of social and rehabilitation services shall
38  have authority, when conducting investigations as provided for in
39  this section, to issue subpoenas; compel the attendance of wit-
40  nesses at the place designated in this state; compel the production
41  of any records, books, papers or other documents considered nec-
42  essary; administer oaths; take testimony; and render decisions. If
43  a person refuses to comply with any subpoena issued under this
H Sub. for SB 140--Fur. Am. by H on FA
                                    

 1  section or to testify to any matter regarding which the person may
 2  lawfully be questioned, the district court of any county, on appli-
 3  cation of the secretary, may issue an order requiring the person
 4  to comply with the subpoena and to testify, and any failure to obey
 5  the order of the court may be punished by the court as a contempt
 6  of court. Unless incapacitated, the person placing a claim or de-
 7  fending a privilege before the secretary shall appear in person or
 8  by authorized representative and may not be excused from an-
 9  swering questions and supplying information, except in accor-
10  dance with the person's constitutional rights and lawful privileges.
11    [(d)  The presiding officer may close any portion of a hearing
12  conducted under the Kansas administrative procedure act when
13  matters made confidential, pursuant to federal or state law or reg-
14  ulation are under consideration.
15    [(e)  Except as provided in subsection (d) of K.S.A. 77-511 and
16  amendments thereto and notwithstanding the other provisions of
17  the Kansas administrative procedure act, the secretary may en-
18  force any order prior to the disposition of a person's application
19  for an adjudicative proceeding unless prohibited from such action
20  by federal or state statute, regulation or court order.
21    [(f)  Except as provided in this subsection, decisions and final
22  actions relating to the administration of the support enforcement
23  program set forth in K.S.A. 39-753 et seq. and amendments thereto
24  shall be exempt from the provisions of the Kansas administrative
25  procedure act and subsection (a). Decisions and final actions re-
26  lating to the support enforcement program may be reviewed pur-
27  suant to this section if the decision or final action relates directly
28  to federal debt set-off activities or the person is specifically per-
29  mitted by statute to request a fair hearing under this section.
30    [(g)  Decisions relating to administrative disqualification hear-
31  ings shall be exempt from the provisions of the Kansas administra-
32  tive procedure act and subsection (a).
33section    [(h)  The department of social and rehabilitation services shall
34  not have jurisdiction to determine the facial validity of a state or
35  federal statute. The administrative hearings section of the department
36  of social and rehabilitation services An administrative law judge from the
37  office of administrative hearings shall not have jurisdiction to deter-
38  mine the facial validity of an agency rule and regulation.
39    [(i)  The department of social and rehabilitation services shall
40  not be required to provide a hearing if: (1) The department of
41  social and rehabilitation services lacks jurisdiction of the subject
42  matter; (2) resolution of the matter does not require the depart-
43  ment of social and rehabilitation services to issue an order that
H Sub. for SB 140--Fur. Am. by H on FA
                                    

 1  determines the applicant's legal rights, duties, privileges, immu-
 2  nities or other legal interests; (3) the matter was not timely sub-
 3  mitted to the department of social and rehabilitation services pur-
 4  suant to regulation or other provision of law; or (4) the matter was
 5  not submitted in a form substantially complying with any appli-
 6  cable provision of law.
 7    [Sec. 92.  On and after July 1, 1998, K.S.A. 1996 Supp. 77-514
 8  is hereby amended to read as follows: 77-514. (a) The agency head
 9  or, one or more members of the agency head, an administrative law judge
10  assigned by the office of administrative hearings, or, unless prohibited by
11  section 90, and amendments thereto, one or more other persons des-
12  ignated by the agency head may be the presiding officer.
13    [(b)  Any person serving or designated to serve alone or with
14  others as presiding officer is subject to disqualification for admin-
15  istrative bias, prejudice or interest.
16    [(c)  Any party may petition for the disqualification of a person
17  promptly after receipt of notice indicating that the person will pre-
18  side or promptly upon discovering facts establishing grounds for
19  disqualification, whichever is later.
20    [(d)  A person whose disqualification is requested shall deter-
21  mine whether to grant the petition, stating facts and reasons for
22  the determination.
23    [(e)  If a substitute is required for a person who is disqualified
24  or becomes unavailable for any other reason, any action taken by
25  a duly appointed substitute for a disqualified or unavailable person
26  is as effective as if taken by the latter.
27    [(f)  A If the office of administrative hearings cannot provide a pre-
28  siding officer, a state agency may enter into agreements with an-
29  other state agency to provide hearing presiding officers to conduct
30  proceedings under this act or for other agency proceedings.
31    [(g)  Notwithstanding any quorum requirements, if the agency
32  head of a professional or occupational licensing agency is a body
33  of individuals, the agency head, unless prohibited by law, may des-
34  ignate one or more members of the agency head to serve as pre-
35  siding officer and to render a final order in the proceeding.
36    [Sec. 93.  On and after July 1, 1998, K.S.A. 77-518 is hereby
37  amended to read as follows: 77-518. (a) The state agency presiding
38  officer for the hearing shall set the time and place of the hearing and
39  give reasonable written notice at least 10 days prior to the hearing
40  to all parties and to all persons who have filed written petitions to
41  intervene in the matter. Service of notices shall be made in accor-
42  dance with K.S.A. 77-531 and amendments thereto.
43    [(b)  The notice shall include a copy of any prehearing order
H Sub. for SB 140--Fur. Am. by H on FA
                                    

 1  rendered in the matter.
 2    [(c)  To the extent not included in a prehearing order accom-
 3  panying it, the notice shall include:
 4    [(1)  The names and mailing addresses of all parties and other
 5  persons to whom notice is being given by the presiding officer;
 6    [(2)  the name, official title, mailing address and telephone
 7  number of any counsel or employee who has been designated to
 8  appear for the state agency;
 9    [(3)  the official file or other reference number, the name of the
10  proceeding and a general description of the subject matter;
11    [(4)  a statement of the time, place and nature of the hearing;
12    [(5)  a statement of the legal authority and jurisdiction under
13  which the hearing is to be held;
14    [(6)  the name, official title, mailing address and telephone
15  number of the presiding officer;
16    [(7)  a statement of the issues involved and, to the extent known
17  to the presiding officer, of the matters asserted by the parties; and
18    [(8)  a statement that a party who fails to attend or participate
19  in a prehearing conference, hearing or other stage of an adjudi-
20  cative proceeding may be held in default under this act.
21    [(d)  The notice may include any other matters the presiding
22  officer considers desirable to expedite the proceedings.
23    [(e)  The state agency shall cause notice to be given to persons
24  entitled to notice under any provision of law who have not been
25  given notice under subsection (a) by the presiding officer. Notice
26  under this subsection shall be given in the manner specified by
27  such provision of law or, if no such manner is specified, in a manner
28  to be determined by the agency. If a person other than the agency
29  is directed to give notice under this subsection, the agency shall
30  require that the person furnish proof that the notice has been
31  given. Notice under this subsection may include all types of infor-
32  mation provided in subsections (a) through (d) or may consist of a
33  brief statement indicating the subject matter, parties, time, place
34  and nature of the hearing, manner in which copies of the notice
35  to the parties may be inspected and copied and name and tele-
36  phone number of the presiding officer.
37    [Sec. 94.  On and after July 1, 1998, K.S.A. 1996 Supp. 77-527
38  is hereby amended to read as follows: 77-527. (a) The agency head,
39  upon its own motion may, and upon petition by any party or when
40  required by law shall, review an initial order, except to the extent
41  that:
42    [(1)  A provision of law precludes or limits state agency review
43  of the initial order; or
H Sub. for SB 140--Fur. Am. by H on FA
                                    

 1    [(2)  the agency head (A) determines to review some but not all
 2  issues, or not to exercise any review, (B) delegates its authority to
 3  review the initial order to one or more persons, unless such dele-
 4  gation is expressly prohibited by law, or (C) authorizes one or more
 5  persons to review the initial order, subject to further review by the
 6  agency head.
 7    [(b)  A petition for review of an initial order must be filed with
 8  the agency head, or with any person designated for this purpose
 9  by rule and regulation of the state agency, within 15 days after
10  service of the initial order. If the agency head on its own motion
11  decides to review an initial order, the agency head shall give writ-
12  ten notice of its intention to review the initial order within 15 days
13  after its service. If the agency head determines not to review an
14  initial order in response to a petition for review, the agency head
15  shall, within 20 days after filing of the petition for review, serve
16  on each party an order stating that review will not be exercised.
17    [(c)  The petition for review shall state its basis. If the agency
18  head on its own motion gives notice of its intent to review an initial
19  order, the agency head shall identify the issues that it intends to
20  review.
21    [(d)  In reviewing an initial order, the agency head or designee
22  shall exercise all the decision-making power that the agency head
23  or designee would have had to render a final order had the agency
24  head or designee presided over the hearing, except to the extent
25  that the issues subject to review are limited by a provision of law
26  or by the agency head or designee upon notice to all parties.
27    [(e)  The agency head or designee shall afford each party an
28  opportunity to present briefs and may afford each party an oppor-
29  tunity to present oral argument.
30    [(f)  The agency head or designee shall render a final order dis-
31  posing of the proceeding or remand the matter for further pro-
32  ceedings with instructions to the person who rendered the initial
33  order. Upon remanding a matter, the agency head or designee may
34  order such temporary relief as is authorized and appropriate.
35    [(g)  A final order or an order remanding the matter for further
36  proceedings shall be rendered in writing and served within 30 days
37  after receipt of briefs and oral argument unless that period is
38  waived or extended with the written consent of all parties or for
39  good cause shown.
40    [(h)  A final order or an order remanding the matter for further
41  proceedings under this section shall identify any difference be-
42  tween this order and the initial order and shall state the facts of
43  record which support any difference in findings of fact, state the source
H Sub. for SB 140--Fur. Am. by H on FA
                                    

 1  of law which supports any difference in legal conclusions, and state the
 2  policy reasons which support any difference in the exercise of discretion.
 3  A final order under this section shall include, or incorporate by ex-
 4  press reference to the initial order, all the matters required by
 5  subsection (c) of K.S.A. 77-526, and amendments thereto.
 6    [(i)  The agency head shall cause copies of the final order or
 7  order remanding the matter for further proceedings to be served
 8  on each party in the manner prescribed by K.S.A. 77-531, and
 9  amendments thereto.
10    [(j)  Unless a petition for reconsideration is a prerequisite for
11  seeking judicial review, a final order under this section shall state
12  the agency officer to receive service of a petition for judicial review
13  on behalf of the agency.
14    [Sec. 95.  On and after July 1, 1998, K.S.A. 75-3306, as
15  amended by section 77 of this act, and 77-518 and K.S.A. 1996
16  Supp. 77-514 and 77-527 are hereby repealed.]
17    [New Sec. 96.  In accordance with K.S.A. 75-702, the attorney
18  general of the State of Kansas is hereby required to file and vig-
19  orously prosecute a suit challenging the constitutionality of con-
20  ditioning receipt of federal funds on the state's compliance with
21  the provisions of the Personal Responsibility and Work Opportu-
22  nity Act of 1996.]
23    [Sec. 97.  K.S.A. 23-492 is hereby amended to read as follows:
24  23-492. The purpose of this act is to improve the enforcement of
25  duties of support and restitution.
26    [Sec. 98.  K.S.A. 23-493 is hereby amended to read as follows:
27  23-493. (1) ``Court'' means the district court of this state.
28    ``Duty of support'' includes any duty of support imposed by any
29  court order, decree or judgment, whether interlocutory or final,
30  whether incidental to a proceeding for divorce, separate mainte-
31  nance or otherwise.
32    [(3)  ``Support,'' as used in this section and K.S.A. 23-495 and
33  23-496, and amendments thereto, means child support, whether
34  interlocutory or final, and maintenance.
35    [(4)  ``Obligor'' means any person owing a duty of support or
36  restitution.
37    [(5)  ``Obligee'' means any person or entity to whom a duty of
38  support or restitution is owed.
39    [(6)  ``Duty of restitution'' includes any duty of restitution imposed by
40  any agreement, diversion agreement, court order, decree or judgment,
41  whether interlocutory or final, pursuant to a criminal conviction, order
42  of assignment to intensive supervised probation, order of probation or
43  condition of parole.
H Sub. for SB 140--Fur. Am. by H on FA
                                    

 1    [(7)  ``Restitution'' as used in this section and K.S.A. 23-495 and 23-
 2  496, and amendments thereto, means monetary remuneration owed by an
 3  obligor to an obligee as compensation for loss incurred through criminal
 4  actions of the obligor which result in loss to the obligee. For the purposes
 5  of this act, restitution shall include court costs.
 6    [Sec. 99.  K.S.A. 23-495 is hereby amended to read as follows:
 7  23-495. The court trustee shall have the responsibility for collec-
 8  tion of support or restitution from the obligor upon the written re-
 9  quest of the obligee or upon the order of the court.
10    [Sec. 100.  K.S.A. 23-496 is hereby amended to read as follows:
11  23-496. (a) The court trustee shall be authorized and empowered
12  to pursue all civil remedies which would be available to the obligee
13  or obligor in establishing and enforcing payment of support or res-
14  titution.
15    [(b)  The court trustee may also file motions for an increase or
16  a decrease of the amount of support on behalf of any child. Any
17  such motion to modify the amount of support shall not be heard
18  until notice has been given to the obligee, the obligor and their
19  attorneys of record, if any.
20    [(c)  The court trustee shall have the following additional pow-
21  ers and duties upon approval of the administrative judge:
22    [(1)  To issue summonses, administrative subpoenas and subpoe-
23  nas duces tecum to obligors, obligees and other witnesses who pos-
24  sess knowledge or books and records relating to enforcement of
25  support or restitution to appear in the office of the trustee or before
26  the district court for examination;
27    [(2)  to administer oaths and take sworn testimony on the rec-
28  ord or by affidavit;
29    [(3)  to appoint special process servers as required to carry out
30  the court trustee's responsibilities under this section; and
31    [(4)  to enter into stipulations, acknowledgments, agreements
32  and journal entries, subject to approval of the court; and
33    [(5)  to enter into contracts pursuant to K.S.A. 1996 Supp. 75-719,
34  and amendments thereto, with the attorney general for the collection of
35  debts owed to courts or restitution owed to obligees.
36    [Sec. 101.  K.S.A. 23-497 is hereby amended to read as follows:
37  23-497. (a) To defray the expenses of operation of the court trus-
38  tee's office, the court trustee is authorized to charge an amount:
39    (1) Whether fixed or sliding scale, based upon the scope of services pro-
40  vided or upon economic criteria, not to exceed 5% of the funds support
41  collected from obligors through such office, as determined nec-
42  essary by the administrative judge as provided by this section.; (2)
43  based upon the hourly cost of office operations for the provision of services
H Sub. for SB 140--Fur. Am. by H on FA
                                    

 1  on an hourly or per service basis, with the written agreement of the ob-
 2  ligee; or (3) from restitution collected, not to exceed the fee authorized by
 3  the attorney general under any contract entered into pursuant to K.S.A.
 4  75-719, and amendments thereto.
 5    [(b)  All such amounts shall be paid to the court trustee opera-
 6  tions fund of the county where collected. There shall be created a
 7  court trustee operations fund in the county treasury of each county
 8  or district court of each county, in each judicial district that estab-
 9  lishes the office of court trustee for the judicial district. The mon-
10  eys budgeted to fund the operation of existing court trustee offices
11  and to fund the start-up costs of new court trustee offices estab-
12  lished on or after January 1, 1992, whether as a result of a rule
13  adopted pursuant to K.S.A. 23-494, and amendments thereto, or
14  because this act has created a court trustee operations fund, shall
15  be transferred from the county general fund to the court trustee
16  operations fund. The county commissioners of the county or group
17  of counties, if the judicial district consists of more than one county,
18  by a majority vote, shall decide whether the county or counties will
19  have a court trustee operations fund in the county treasury or the
20  district court of each county. All expenditures from the court trus-
21  tee operations fund shall be made in accordance with the provi-
22  sions of K.S.A. 23-492 et seq. and amendments thereto to enforce
23  duties of support. Authorized expenditures from the court trustee
24  operations fund may include repayment of start-up costs, expan-
25  sions and operations of the court trustee's office to the county gen-
26  eral fund. The court trustee shall be paid compensation as deter-
27  mined by the administrative judge. The board of county
28  commissioners of each county to which this act may apply shall
29  provide suitable quarters for the office of court trustee, furnish
30  stationery and supplies, and such furniture and equipment as shall,
31  in the discretion of the administrative judge, be necessary for the
32  use of the court trustee. The administrative judge shall fix and
33  determine the annual budget of the office of the court trustee and
34  shall review and determine on an annual basis the amount neces-
35  sary to be charged to defray the expense of start-up costs, expan-
36  sions and operations of the office of court trustee. All payments
37  made by the secretary of social and rehabilitation services pursu-
38  ant to K.S.A. 23-4,117 and amendments thereto or any grants or
39  other monies received which are intended to further child support
40  enforcement goals or restitution goals shall be deposited in the court
41  trustee operations fund.
42    [Sec. 102.  K.S.A. 23-498 is hereby amended to read as follows:
43  23-498. (a) All expenditures provided for in this act shall be paid
H Sub. for SB 140--Fur. Am. by H on FA
                                    

 1  as follows:
 2    [(1)  In each judicial district consisting of a single county such
 3  expenditure shall be paid by the board of county commissioners
 4  or administrative judge from the court trustees operations fund as
 5  provided in K.S.A. 23-497 and amendments thereto.
 6    [(2)  In each judicial district consisting of more than one county
 7  which has a single court trustee operation serving all the counties
 8  in that district, such expenditure shall be paid by the:
 9    [(A)  Board of county commissioners of the county having the
10  greatest amount of child support or restitution money collected by
11  the court trustee's office in such district from the court trustees
12  operations fund of such county, and such board of county com-
13  missioners shall send a statement to the board of county commis-
14  sioners of each of the other counties in such district for a propor-
15  tional amount of such annual expenditures with such proportion
16  to be based upon the respective amounts of child support and res-
17  titution money collected by the court trustee's office of each county
18  within such judicial district. Each board of county commissioners
19  receiving a statement pursuant to this section shall make payment
20  of the same from the court trustees operations fund of the county;
21  or
22    [(B)  administrative judge of such judicial district. Such judge
23  shall pay such annual expenditures from the court trustee opera-
24  tions fund in the district court of each county based upon the re-
25  spective amounts of child support and restitution money collected
26  by the court trustee's office of each county within such judicial
27  district. The administrative judge shall promptly reimburse the
28  county general fund for expenditures made for salary, compensa-
29  tion and fringe benefits made on behalf of the court trustee's office
30  pursuant to K.S.A. 20-162, 20-358 and 20-359, and amendments
31  thereto.
32    [(3)  The expenditure for a court trustee office in a multicounty
33  district which does not operate in all counties of the district shall
34  be paid proportionately, as in subsection (2), from the court trustee
35  operations fund of each county served by the court trustee.
36    [(b)  The administrative judge and the board of county com-
37  missioners may agree on a reimbursement amount to the county
38  general fund in an amount less than the total expenses of the court
39  trustee's office, but such reimbursement amount shall not exceed
40  the total expenses of the court trustee's office.
41    [Sec. 103.  K.S.A. 23-4,100 is hereby amended to read as fol-
42  lows: 23-4,100. (a) The district court shall provide by court rule for
43  such other matters as are necessary to carry out the purpose of
H Sub. for SB 140--Fur. Am. by H on FA
                                    

 1  this act, including, but not limited to, the appointment of deputy
 2  trustees and other staff and a procedure to review written requests
 3  of the obligee or obligor for exemption from the office of court
 4  trustee's responsibility for collection of support or restitution as pro-
 5  vided in subsection (b).
 6    [(b) (1)  In reviewing the written request for exemption pro-
 7  vided in subsection (a), the presiding judge shall make a deter-
 8  mination on whether the claimant's request is a good cause claim
 9  based on all relevant factors.
10    [(2)  The presiding judge's determination shall be based upon
11  the totality of the circumstances and no one factor shall be deter-
12  minative as to the outcome of the claimant's request for such good
13  cause claim for exemption.
14    [Sec. 104.  K.S.A. 1996 Supp. 60-2310 is hereby amended to
15  read as follows: 60-2310. (a) Definitions. As used in this act and the
16  acts of which this act is amendatory, unless the context otherwise
17  requires, the following words and phrases shall have the meanings
18  respectively ascribed to them:
19    [(1)  ``Earnings'' means compensation paid or payable for per-
20  sonal services, whether denominated as wages, salary, commission,
21  bonus or otherwise;
22    [(2)  ``disposable earnings'' means that part of the earnings of
23  any individual remaining after the deduction from such earnings
24  of any amounts required by law to be withheld;
25    [(3)  ``wage garnishment'' means any legal or equitable proce-
26  dure through which the earnings of any individual are required to
27  be withheld for payment of any debt; and
28    [(4)  ``federal minimum hourly wage'' means that wage pre-
29  scribed by subsection (a)(1) of section 6 of the federal fair labor
30  standards act of 1938, and any amendments thereto.
31    [(b)  Restriction on wage garnishment. Subject to the provisions of
32  subsection (e), only the aggregate disposable earnings of an indi-
33  vidual may be subjected to wage garnishment. The maximum part
34  of such earnings of any wage earning individual which may be
35  subjected to wage garnishment for any workweek or multiple
36  thereof may not exceed the lesser of: (1) Twenty-five percent of
37  the individual's aggregate disposable earnings for that workweek
38  or multiple thereof; (2) the amount by which the individual's ag-
39  gregate disposable earnings for that workweek or multiple thereof
40  exceed an amount equal to 30 times the federal minimum hourly
41  wage, or equivalent multiple thereof for such longer period; or (3)
42  the amount of the plaintiff's claim as found in the order for gar-
43  nishment. No one creditor may issue more than one garnishment
H Sub. for SB 140--Fur. Am. by H on FA
                                    

 1  against the earnings of the same judgment debtor during any one
 2  30-day period, but the court shall allow the creditor to file amend-
 3  ments or corrections of names or addresses of any party to the
 4  order of garnishment at any time. In answering such order the
 5  garnishee-employer shall withhold from all earnings of the judg-
 6  ment-debtor for any pay period or periods ending during such 30-
 7  day period an amount or amounts as are allowed and required by
 8  law. Nothing in this act shall be construed as charging the plaintiff
 9  in any garnishment action with the knowledge of the amount of
10  any defendant's earnings prior to the commencement of such gar-
11  nishment action.
12    [(c)  Sickness preventing work. If any debtor is prevented from
13  working at the debtor's regular trade, profession or calling for any
14  period greater than two weeks because of illness of the debtor or
15  any member of the family of the debtor, and this fact is shown by
16  the affidavit of the debtor, the provisions of this section shall not
17  be invoked against any such debtor until after the expiration of
18  two months after recovery from such illness.
19    [(d)  Assignment of account. If any person, firm or corporation
20  sells or assigns an account to any person or collecting agency, that
21  person, firm or corporation or their assignees shall not have or be
22  entitled to the benefits of wage garnishment. The provision of this
23  subsection shall not apply to the following:
24    [(1)  Assignments of support rights to the secretary of social and
25  rehabilitation services pursuant to K.S.A. 39-709 and 39-756, and
26  amendments thereto, and support enforcement actions conducted by
27  court trustees pursuant to K.S.A. 23-492, et seq., and amendments thereto;
28    [(2)  support rights which have been assigned to any other state
29  pursuant to title IV-D of the federal social security act (42 U.S.C.
30  (section) 651 et seq.);
31    [(3)  assignments of accounts receivable or taxes receivable to
32  the director of accounts and reports made under K.S.A. 75-3728b
33  and amendments thereto; or
34    [(4)  collections pursuant to contracts entered into in accor-
35  dance with K.S.A. 1996 Supp. 75-719 and amendments thereto in-
36  volving the collection of restitution or debts to district courts.
37    [(e)  Exceptions to restrictions on wage garnishment. The restric-
38  tions on the amount of disposable earnings subject to wage gar-
39  nishment as provided in subsection (b) shall not apply in the fol-
40  lowing instances:
41    [(1)  Any order of any court for the support of any person, in-
42  cluding any order for support in the form of alimony, but the fore-
43  going shall be subject to the restriction provided for in subsection
H Sub. for SB 140--Fur. Am. by H on FA
                                    

 1    (g);
 2    [(2)  any order of any court of bankruptcy under chapter XIII
 3  of the federal bankruptcy act; and
 4    [(3)  any debt due for any state or federal tax.
 5    [(f)  Prohibition on courts. No court of this state may make, exe-
 6  cute or enforce any order or process in violation of this section.
 7    [(g)  The maximum part of the aggregate disposable earnings
 8  of an individual for any workweek which is subject to garnishment
 9  to enforce any order for the support of any person shall not exceed:
10    [(1)  If the individual is supporting a spouse or dependent child
11  (other than a spouse or child with respect to whose support such
12  order is used), 50% of the individual's disposable earnings for that
13  week;
14    [(2)  if the individual is not supporting a spouse or dependent
15  child described in clause (1), 60% of such individual's disposable
16  earnings for that week; and
17    [(3)  with respect to the disposable earnings of any individual
18  for any workweek, the 50% specified in clause (1) shall be 55% and
19  the 60% specified in clause (2) shall be 65%, if such earnings are
20  subject to garnishment to enforce a support order for a period
21  which is prior to the twelve-week period which ends with the be-
22  ginning of such workweek.
23    [Sec. 105.  K.S.A. 1996 Supp. 75-6202 is hereby amended to
24  read as follows: 75-6202. As used in this act:
25    [(a)  ``Debtor'' means any person who:
26    [(1)  Owes a debt to the state of Kansas or any state agency or
27  any municipality;
28    [(2)  owes support to an individual, or an agency of another
29  state, who is receiving assistance in collecting that support under
30  K.S.A. 23-492, et seq., or 39-756 and amendments thereto or under
31  part D of title IV of the federal social security act (42 U.S.C. (section) 651
32  et seq.), as amended; or
33    [(3)  owes a debt to a foreign state agency.
34    [(b)  ``Debt'' means:
35    [(1)  Any liquidated sum due and owing to the state of Kansas,
36  or any state agency, municipality or foreign state agency which has
37  accrued through contract, subrogation, tort, operation of law, or
38  any other legal theory regardless of whether there is an outstand-
39  ing judgment for that sum. A debt shall not include: (A) Special
40  assessments except when the owner of the property assessed pe-
41  titioned for the improvement and any successor in interest of such
42  owner of property; or (B) fines or penalties assessed by a municipal
43  court, except for cigarette or tobacco infractions and traffic in-
H Sub. for SB 140--Fur. Am. by H on FA
                                    

 1  fractions and offenses; or
 2    [(2)  any amount of support due and owing an individual, or an
 3  agency of another state, who is receiving assistance in collecting
 4  that support under K.S.A. 23-492, et seq., or 39-756 and amend-
 5  ments thereto or under part D of title IV of the federal social se-
 6  curity act (42 U.S.C. (section) 651 et seq.), as amended, which amount shall
 7  be considered a debt due and owing the district court trustee de-
 8  partment of social and rehabilitation services for the purposes of
 9  this act.
10    [(c)  ``Refund'' means any amount of Kansas income tax refund
11  due to any person as a result of an overpayment of tax, and for this
12  purpose, a refund due to a husband and wife resulting from a joint
13  return shall be considered to be separately owned by each indi-
14  vidual in the proportion of each such spouse's contribution to in-
15  come, as the term ``contribution to income'' is defined by rules and
16  regulations of the secretary of revenue.
17    [(d)  ``Net proceeds collected'' means gross proceeds collected
18  through final setoff against a debtor's earnings, refund or other
19  payment due from the state or any state agency minus any collec-
20  tion assistance fee charged by the director of accounts and reports
21  of the department of administration.
22    [(e)  ``State agency'' means any state office, officer, department,
23  board, commission, institution, bureau, agency or authority or any
24  division or unit thereof and any judicial district of this state or the
25  clerk or clerks thereof. ``State agency'' shall also include any district
26  court utilizing collection services pursuant to K.S.A. 1996 Supp. 75-719,
27  and amendments thereto, to collect debts owed to such court.
28    [(f)  ``Person'' means an individual, proprietorship, partnership,
29  limited partnership, association, trust, estate, business trust, cor-
30  poration, other entity or a governmental agency, unit or subdivi-
31  sion.
32    [(g)  ``Director'' means the director of accounts and reports of
33  the department of administration.
34    [(h)  ``Municipality'' means any municipality as defined by
35  K.S.A. 75-1117, and amendments thereto.
36    [(i)  ``Payor agency'' means any state agency which holds money
37  for, or owes money to, a debtor.
38    [(j)  ``Foreign state or foreign state agency'' means the states of
39  Colorado, Missouri, Nebraska or Oklahoma or any agency of such
40  states which has entered into a reciprocal agreement pursuant to
41  K.S.A. 1996 Supp. 75-6215 and amendments thereto.]
42    [Sec. [88.] [106.]  K.S.A. [21-3805,] [23-492, 23-493, 23-495, 23-
43  496, 23-497, 23-498, 23-4,100,] 23-4,101, 23-4,106, 23-4,107, 23-4,108,
H Sub. for SB 140--Fur. Am. by H on FA
                                    

 1  23-4,109, 23-4,110, 23-4,111, 23-4,129, 23-4,133, 23-4,146, 23-9,101, 23-
 2  9,202, 23-9,205, 23-9,206, 23-9,207, 23-9,301, 23-9,304, 23-9,305,
 3  23-9,306, 23-9,307, 23-9,311, 23-9,313, 23-9,401, 23-9,501, 23-9,605, 23-
 4  9,606, 23-9,607, 23-9,609, 23-9,610, 23-9,611, 23-9,801, 23-9,902, 32-930,
 5  38-1113, 38-1131, 39-702, 39-753, 39-758, 39-759, 44-514, 44-710b, 60-
 6  2202, 60-2401 and 75-3306 and K.S.A. 1996 Supp. 38-1115, 38-1119,
 7  38-1121, 38-1137, 38-1138, 44-710, 44-717, 60-1610, [60-2310,] 74-146,
 8  74-147[,75-6202, 75-6202a,] and 79-3234 are hereby repealed.
 9    Sec. 85. [89.] [107.]  This act shall take effect and be in force from
10  and after its publication in the statute book and publication in the Kansas
11  register of a resolution by the state finance council which states that this
12  act shall take effect upon the publication of such resolution.