1384             1997 Session Laws of Kansas             Ch. 182

An Act concerning state agencies and the procedure thereof; requiring the attorney general
to bring suit to determine the constitutionality of certain federal mandates; amending
K.S.A. 21-3805, 23-492, 23-493, 23-495, 23-496, 23-497, 23-498, 23-4,100, 23-4,101, 23-
4,106, 23-4,107, 23-4,108, 23-4,109, 23-4,110, 23-4,111, 23-4,129, 23-4,133, 23-4,146,
23-9,101, 23-9,202, 23-9,205, 23-9,206, 23-9,207, 23-9,301, 23-9,304, 23-9,305, 23-
9,306, 23-9,307, 23-9,311, 23-9,313, 23-9,401, 23-9,501, 23-9,605, 23-9,606, 23-9,607,
23-9,609, 23-9,610, 23-9,611, 23-9,801, 23-9,902, 32-930, 38-1113, 38-1131, 39-702, 39-
753, 39-758, 39-759, 44-514, 44-710b, 60-2202, 60-2401, 75-3306, 75-3306, as amended
by section 77 of this act, and 77-518 and K.S.A. 1996 Supp. 38-1115, 38-1119, 38-1121,
38-1137, 38-1138, 44-710, 44-717, 60-1610, 60-2310, 74-146, 74-147, 75-6202, 77-514,
77-518 and 79-3234 and repealing the existing sections; also repealing K.S.A. 1996 Supp.
75-6202a.

Be it enacted by the Legislature of the State of Kansas:

New Section 1. (a) The department of human resources is hereby
designated as the agency to collect the new hires information required
by the personal responsibility and work opportunity act of 1996. Such
information shall be reported on the current employer quarterly report
of wages filed pursuant to K.S.A. 44-710, and amendments thereto, which
became effective on January 1, 1937. Such information shall include the
newly hired employee's address during the quarter such employee was
hired. The secretary of human resources shall contract with the secretary
of social and rehabilitation services to provide the information needed to
be in compliance with the personal responsibility and work opportunity
act of 1996.

(b) The state directory of new hires shall receive, retain and, to the
extent permitted by federal law, make information reported to the direc-
tory available pursuant to subsection (c).

(c) Except as otherwise permitted by federal law, any agency receiv-
ing information from the state directory of new hires shall handle the
information as confidential information for use in administering the pro-
grams for which it was received. The state directory of new hires shall
make information available:

Ch. 182             1997 Session Laws of Kansas             1385

(1) Upon implementation of the national directory of new hires, to
the national directory; and

(2) to the secretary of social and rehabilitation services for use in
administering an eligibility verification system and, not later than May 1,
1998, the title IV-D program.

(d) Any employer who reports electronically or magnetically and is
required to report newly hired employees to more than one state may
elect to transmit all such reports to one state by complying with the
requirements of title IV-D.

(e) Beginning July 1, 1999, the secretary of human resources shall
annually delete information about individuals contained in the new hires
directory if the information is at least two years old. Nothing in this sub-
section shall be construed as requiring the secretary of human resources
to delete information needed to administer the employment security or
workers compensation programs.

New Sec. 2. (a) If the court in any support enforcement proceeding
finds that an obligor has failed to comply with an outstanding warrant or
subpoena issued by a court of competent jurisdiction of this state or any
other state and such obligor has or may have an occupational, professional
or driver's license, the court may impose such sanctions under this section
as the court deems appropriate until the person has complied with the
warrant or subpoena. As used in this section, ``support enforcement pro-
ceeding'' means any civil proceeding to:

(1) Establish paternity; or

(2) establish, modify or enforce the duty to provide child support or
maintenance.

(b) If the obligor is or may be authorized to practice a profession by
a licensing body as defined in K.S.A. 1996 Supp. 74-146 and amendments
thereto, the court may order that a notice pursuant to K.S.A. 1996 Supp.
74-147 and amendments thereto be served on the licensing body. If the
obligor is or may be a licensed attorney, the court may file a complaint
with the disciplinary administrator of the Kansas supreme court or with
the appropriate official or agency of any state in which the obligor may
be licensed.

(c) The court may restrict the obligor's driving privileges as provided
in K.S.A. 1996 Supp. 8-292 and amendments thereto.

New Sec. 3. Pursuant to a subpoena for records issued under the
code of civil procedure or section 13, and amendments thereto, the sec-
retary or a title IV-D agency of another state shall have access to infor-
mation related to a IV-D case that is in the custody or control of an
individual or private entity as follows:

(a) Each party to a paternity or child support proceeding in any case
included in the state case registry shall provide, and update as appropri-
ate, information about the location and identity of the party. To the extent

1386             1997 Session Laws of Kansas             Ch. 182

such information exists, it shall include but not be limited to the person's
full name, social security number, residential and mailing addresses, tel-
ephone number, driver's license number and the name, address and tel-
ephone number of the person's employer.

(b) Any employer shall promptly provide information on the employ-
ment, compensation and benefits of any individual employed by such
person or entity as an employee or contractor.

(c) Any person or entity holding customer records of a public utility
or cable television company shall comply with a subpoena for information
about an individual consisting of the individual's name, address, employer,
or employer's address as reflected in such records.

(d) A financial institution shall promptly provide information upon
request about an individual or the individual's property of liabilities.

(e) Confidential information received by the secretary under this sec-
tion shall be subject to the safeguards of K.S.A. 39-759 and amendments
thereto.

(f) This section shall be part of and supplemental to article 7 of chap-
ter 39 of the Kansas Statutes Annotated.

Sec. 4. K.S.A. 1996 Supp. 60-1610 is hereby amended to read as
follows: 60-1610. A decree in an action under this article may include
orders on the following matters:

(a) Minor children. (1) Child support and education. The court shall
make provisions for the support and education of the minor children. The
court may modify or change any prior order, including any order issued
in a title IV-D case, within three years of the date of the original order
or a modification order, when a material change in circumstances is
shown, irrespective of the present domicile of the child or the parents. If
more than three years has passed since the date of the original order or
modification order, a material change in circumstance need not be shown.
The court may make a modification of child support retroactive to a date
at least one month after the date that the motion to modify was filed with
the court. Any increase in support ordered effective prior to the date the
court's judgment is filed shall not become a lien on real property pursuant
to K.S.A. 60-2202 and amendments thereto. Regardless of the type of
custodial arrangement ordered by the court, the court may order the child
support and education expenses to be paid by either or both parents for
any child less than 18 years of age, at which age the support shall ter-
minate unless: (A) The parent or parents agree, by written agreement
approved by the court, to pay support beyond the time the child reaches
18 years of age; (B) the child reaches 18 years of age before completing
the child's high school education in which case the support shall not ter-
minate automatically, unless otherwise ordered by the court, until June
30 of the school year during which the child became 18 years of age if
the child is still attending high school; or (C) the child is still a bona fide

Ch. 182             1997 Session Laws of Kansas             1387

high school student after June 30 of the school year during which the
child became 18 years of age, in which case the court, on motion, may
order support to continue through the school year during which the child
becomes 19 years of age so long as the child is a bona fide high school
student and the parents jointly participated or knowingly acquiesced in
the decision which delayed the child's completion of high school. The
court, in extending support pursuant to subsection (a)(1)(C), may impose
such conditions as are appropriate and shall set the child support utilizing
the guideline table category for 16-year through 18-year old children.
Provision for payment of support and educational expenses of a child after
reaching 18 years of age if still attending high school shall apply to any
child subject to the jurisdiction of the court, including those whose sup-
port was ordered prior to July 1, 1992. If an agreement approved by the
court prior to July 1, 1988, provides for termination of support before the
date provided by subsection (a)(1)(B), the court may review and modify
such agreement, and any order based on such agreement, to extend the
date for termination of support to the date provided by subsection
(a)(1)(B). If an agreement approved by the court prior to July 1, 1992,
provides for termination of support before the date provided by subsec-
tion (a)(1)(C), the court may review and modify such agreement, and any
order based on such agreement, to extend the date for termination of
support to the date provided by subsection (a)(1)(C). For purposes of this
section, ``bona fide high school student'' means a student who is enrolled
in full accordance with the policy of the accredited high school in which
the student is pursuing a high school diploma or a graduate equivalency
diploma (GED). In determining the amount to be paid for child support,
the court shall consider all relevant factors, without regard to marital
misconduct, including the financial resources and needs of both parents,
the financial resources and needs of the child and the physical and emo-
tional condition of the child. Until a child reaches 18 years of age, the
court may set apart any portion of property of either the husband or wife,
or both, that seems necessary and proper for the support of the child.
Every order requiring payment of child support under this section shall
require that the support be paid through the clerk of the district court or
the court trustee except for good cause shown.

(2) Child custody and residency. (A) Changes in custody. Subject to
the provisions of the uniform child custody jurisdiction act (K.S.A. 38-
1301 et seq., and amendments thereto), the court may change or modify
any prior order of custody when a material change of circumstances is
shown.

(B) Examination of parties. The court may order physical or mental
examinations of the parties if requested pursuant to K.S.A. 60-235 and
amendments thereto.

(3) Child custody or residency criteria. The court shall determine

1388             1997 Session Laws of Kansas             Ch. 182

custody or residency of a child in accordance with the best interests of
the child.

(A) If the parties have a written agreement concerning the custody
or residency of their minor child, it is presumed that the agreement is in
the best interests of the child. This presumption may be overcome and
the court may make a different order if the court makes specific findings
of fact stating why the agreement is not in the best interests of the child.

(B) In determining the issue of custody or residency of a child, the
court shall consider all relevant factors, including but not limited to:

(i) The length of time that the child has been under the actual care
and control of any person other than a parent and the circumstances
relating thereto;

(ii) the desires of the child's parents as to custody or residency;

(iii) the desires of the child as to the child's custody or residency;

(iv) the interaction and interrelationship of the child with parents,
siblings and any other person who may significantly affect the child's best
interests;

(v) the child's adjustment to the child's home, school and community;

(vi) the willingness and ability of each parent to respect and appre-
ciate the bond between the child and the other parent and to allow for a
continuing relationship between the child and the other parent; and

(vii) evidence of spousal abuse.

Neither parent shall be considered to have a vested interest in the
custody or residency of any child as against the other parent, regardless
of the age of the child, and there shall be no presumption that it is in the
best interests of any infant or young child to give custody or residency to
the mother.

(4) Types of custodial arrangements. Subject to the provisions of this
article, the court may make any order relating to custodial arrangements
which is in the best interests of the child. The order shall include, but
not be limited to, one of the following, in the order of preference:

(A) Joint custody. The court may place the custody of a child with
both parties on a shared or joint-custody basis. In that event, the parties
shall have equal rights to make decisions in the best interests of the child
under their custody. When a child is placed in the joint custody of the
child's parents, the court may further determine that the residency of the
child shall be divided either in an equal manner with regard to time of
residency or on the basis of a primary residency arrangement for the child.
The court, in its discretion, may require the parents to submit a plan for
implementation of a joint custody order upon finding that both parents
are suitable parents or the parents, acting individually or in concert, may
submit a custody implementation plan to the court prior to issuance of a
custody decree. If the court does not order joint custody, it shall include
in the record the specific findings of fact upon which the order for custody
other than joint custody is based.

Ch. 182             1997 Session Laws of Kansas             1389

(B) Sole custody. The court may place the custody of a child with one
parent, and the other parent shall be the noncustodial parent. The cus-
todial parent shall have the right to make decisions in the best interests
of the child, subject to the visitation rights of the noncustodial parent.

(C) Divided custody. In an exceptional case, the court may divide the
custody of two or more children between the parties.

(D) Nonparental custody. If during the proceedings the court deter-
mines that there is probable cause to believe that: (i) The child is a child
in need of care as defined by subsections (a)(1), (2) or (3) of K.S.A. 38-
1502 and amendments thereto; (ii) neither parent is fit to have custody;
or (iii) the child is currently residing with such child's grandparent, grand-
parents, aunt or uncle and such relative has had actual physical custody
of such child for a significant length of time, the court may award tem-
porary custody of the child to such relative, another person or agency if
the court finds the award of custody to such relative, another person or
agency is in the best interests of the child. In making such a custody
order, the court shall give preference, to the extent that the court finds
it is in the best interests of the child, first to awarding such custody to a
relative of the child by blood, marriage or adoption and second to award-
ing such custody to another person with whom the child has close emo-
tional ties. The court may make temporary orders for care, support, ed-
ucation and visitation that it considers appropriate. Temporary custody
orders are to be entered in lieu of temporary orders provided for in K.S.A.
38-1542 and 38-1543, and amendments thereto, and shall remain in effect
until there is a final determination under the Kansas code for care of
children. An award of temporary custody under this paragraph shall not
terminate parental rights nor give the court the authority to consent to
the adoption of the child. When the court enters orders awarding tem-
porary custody of the child to an agency or a person other than the parent
but not a relative as described in subpart (iii), the court shall refer a
transcript of the proceedings to the county or district attorney. The county
or district attorney shall file a petition as provided in K.S.A. 38-1531 and
amendments thereto and may request termination of parental rights pur-
suant to K.S.A. 38-1581 and amendments thereto. The costs of the pro-
ceedings shall be paid from the general fund of the county. When a final
determination is made that the child is not a child in need of care, the
county or district attorney shall notify the court in writing and the court,
after a hearing, shall enter appropriate custody orders pursuant to this
section. If the same judge presides over both proceedings, the notice is
not required. Any disposition pursuant to the Kansas code for care of
children shall be binding and shall supersede any order under this section.
When the court enters orders awarding temporary custody of the child
to a relative as described in subpart (iii), the court shall annually review
the temporary custody to evaluate whether such custody is still in the best
interests of the child. If the court finds such custody is in the best interests

1390             1997 Session Laws of Kansas             Ch. 182

of the child, such custody shall continue. If the court finds such custody
is not in the best interests of the child, the court shall determine the
custody pursuant to this section.

(b) Financial matters. (1) Division of property. The decree shall di-
vide the real and personal property of the parties, including any retire-
ment and pension plans, whether owned by either spouse prior to mar-
riage, acquired by either spouse in the spouse's own right after marriage
or acquired by the spouses' joint efforts, by: (A) a division of the property
in kind; (B) awarding the property or part of the property to one of the
spouses and requiring the other to pay a just and proper sum; or (C)
ordering a sale of the property, under conditions prescribed by the court,
and dividing the proceeds of the sale. Upon request, the trial court shall
set a valuation date to be used for all assets at trial, which may be the
date of separation, filing or trial as the facts and circumstances of the case
may dictate. The trial court may consider evidence regarding changes in
value of various assets before and after the valuation date in making the
division of property. In dividing defined-contribution types of retirement
and pension plans, the court shall allocate profits and losses on the non-
participant's portion until date of distribution to that nonparticipant. In
making the division of property the court shall consider the age of the
parties; the duration of the marriage; the property owned by the parties;
their present and future earning capacities; the time, source and manner
of acquisition of property; family ties and obligations; the allowance of
maintenance or lack thereof; dissipation of assets; the tax consequences
of the property division upon the respective economic circumstances of
the parties; and such other factors as the court considers necessary to
make a just and reasonable division of property. The decree shall provide
for any changes in beneficiary designation on: (A) Any insurance or an-
nuity policy that is owned by the parties, or in the case of group life
insurance policies, under which either of the parties is a covered person;
(B) any trust instrument under which one party is the grantor or holds a
power of appointment over part or all of the trust assets, that may be
exercised in favor of either party; or (C) any transfer on death or payable
on death account under which one or both of the parties are owners or
beneficiaries. Nothing in this section shall relieve the parties of the ob-
ligation to effectuate any change in beneficiary designation by the filing
of such change with the insurer or issuer in accordance with the terms
of such policy.

(2) Maintenance. The decree may award to either party an allowance
for future support denominated as maintenance, in an amount the court
finds to be fair, just and equitable under all of the circumstances. The
decree may make the future payments modifiable or terminable under
circumstances prescribed in the decree. The court may make a modifi-
cation of maintenance retroactive to a date at least one month after the
date that the motion to modify was filed with the court. In any event, the

Ch. 182             1997 Session Laws of Kansas             1391

court may not award maintenance for a period of time in excess of 121
months. If the original court decree reserves the power of the court to
hear subsequent motions for reinstatement of maintenance and such a
motion is filed prior to the expiration of the stated period of time for
maintenance payments, the court shall have jurisdiction to hear a motion
by the recipient of the maintenance to reinstate the maintenance pay-
ments. Upon motion and hearing, the court may reinstate the payments
in whole or in part for a period of time, conditioned upon any modifying
or terminating circumstances prescribed by the court, but the reinstate-
ment shall be limited to a period of time not exceeding 121 months. The
recipient may file subsequent motions for reinstatement of maintenance
prior to the expiration of subsequent periods of time for maintenance
payments to be made, but no single period of reinstatement ordered by
the court may exceed 121 months. Maintenance may be in a lump sum,
in periodic payments, on a percentage of earnings or on any other basis.
At any time, on a hearing with reasonable notice to the party affected,
the court may modify the amounts or other conditions for the payment
of any portion of the maintenance originally awarded that has not already
become due, but no modification shall be made without the consent of
the party liable for the maintenance, if it has the effect of increasing or
accelerating the liability for the unpaid maintenance beyond what was
prescribed in the original decree. Every order requiring payment of main-
tenance under this section shall require that the maintenance be paid
through the clerk of the district court or the court trustee except for good
cause shown.

(3) Separation agreement. If the parties have entered into a separa-
tion agreement which the court finds to be valid, just and equitable, the
agreement shall be incorporated in the decree. The provisions of the
agreement on all matters settled by it shall be confirmed in the decree
except that any provisions for the custody, support or education of the
minor children shall be subject to the control of the court in accordance
with all other provisions of this article. Matters settled by an agreement
incorporated in the decree, other than matters pertaining to the custody,
support or education of the minor children, shall not be subject to sub-
sequent modification by the court except: (A) As prescribed by the agree-
ment or (B) as subsequently consented to by the parties.

(4) Costs and fees. Costs and attorney fees may be awarded to either
party as justice and equity require. The court may order that the amount
be paid directly to the attorney, who may enforce the order in the attor-
ney's name in the same case.

(c) Miscellaneous matters. (1) Restoration of name. Upon the request
of a spouse, the court shall order the restoration of that spouse's maiden
or former name.

(2) Effective date as to remarriage. Any marriage contracted by a
party, within or outside this state, with any other person before a judg-

1392             1997 Session Laws of Kansas             Ch. 182

ment of divorce becomes final shall be voidable until the decree of divorce
becomes final. An agreement which waives the right of appeal from the
granting of the divorce and which is incorporated into the decree or
signed by the parties and filed in the case shall be effective to shorten
the period of time during which the remarriage is voidable.

Sec. 5. K.S.A. 1996 Supp. 38-1121 is hereby amended to read as
follows: 38-1121. (a) The judgment or order of the court determining the
existence or nonexistence of the parent and child relationship is deter-
minative for all purposes, but if any person necessary to determine the
existence of a father and child relationship for all purposes has not been
joined as a party, a determination of the paternity of the child shall have
only the force and effect of a finding of fact necessary to determine a
duty of support.

(b) If the judgment or order of the court is at variance with the child's
birth certificate, the court shall order that a new birth certificate be is-
sued, but only if any man named as the father on the birth certificate is
a party to the action.

(c) Upon adjudging that a party is the parent of a minor child, the
court shall make provision for support and education of the child includ-
ing the necessary medical expenses incident to the birth of the child. The
court may order the support and education expenses to be paid by either
or both parents for the minor child. When the child reaches 18 years of
age, the support shall terminate unless: (1) The parent or parents agree,
by written agreement approved by the court, to pay support beyond that
time; (2) the child reaches 18 years of age before completing the child's
high school education in which case the support shall not automatically
terminate, unless otherwise ordered by the court, until June 30 of the
school year during which the child became 18 years of age if the child is
still attending high school; or (3) the child is still a bona fide high school
student after June 30 of the school year during which the child became
18 years of age, in which case the court, on motion, may order support
to continue through the school year during which the child becomes 19
years of age so long as the child is a bona fide high school student and
the parents jointly participated or knowingly acquiesced in the decision
which delayed the child's completion of high school. The court, in ex-
tending support pursuant to subsection (c)(3), may impose such condi-
tions as are appropriate and shall set the child support utilizing the guide-
line table category for 16-year through 18-year old children. Provision for
payment of support and educational expenses of a child after reaching 18
years of age if still attending high school shall apply to any child subject
to the jurisdiction of the court, including those whose support was or-
dered prior to July 1, 1992. If an agreement approved by the court prior
to July 1, 1988, provides for termination of support before the date pro-
vided by subsection (c)(2), the court may review and modify such agree-

Ch. 182             1997 Session Laws of Kansas             1393

ment, and any order based on such agreement, to extend the date for
termination of support to the date provided by subsection (c)(2). If an
agreement approved by the court prior to July 1, 1992, provides for ter-
mination of support before the date provided by subsection (c)(3), the
court may review and modify such agreement, and any order based on
such agreement, to extend the date for termination of support to the date
provided by subsection (c)(3). For purposes of this section, ``bona fide
high school student'' means a student who is enrolled in full accordance
with the policy of the accredited high school in which the student is
pursuing a high school diploma or a graduate equivalency diploma
(GED). The judgment shall specify the terms of payment and shall re-
quire payment to be made through the clerk of the district court or the
court trustee except for good cause shown. The judgment may require
the party to provide a bond with sureties to secure payment. The court
may at any time during the minority of the child modify or change the
order of support, including any order issued in a title IV-D case, within
three years of the date of the original order or a modification order, as
required by the best interest of the child. If more than three years has
passed since the date of the original order or modification order, a re-
quirement that such order is in the best interest of the child need not be
shown. The court may make a modification of support retroactive to a
date at least one month after the date that the motion to modify was filed
with the court. Any increase in support ordered effective prior to the date
the court's judgment is filed shall not become a lien on real property
pursuant to K.S.A. 60-2202, and amendments thereto.

(d) If both parents are parties to the action, the court shall enter such
orders regarding custody and visitation as the court considers to be in the
best interest of the child.

(e) In entering an original order for support of a child under this
section, the court may award an additional judgment to reimburse the
expenses of support and education of the child from the date of birth to
the date the order is entered. If the determination of paternity is based
upon a presumption arising under K.S.A. 38-1114 and amendments
thereto, the court shall award an additional judgment to reimburse all or
part of the expenses of support and education of the child from at least
the date the presumption first arose to the date the order is entered,
except that no additional judgment need be awarded for amounts accrued
under a previous order for the child's support.

(f) In determining the amount to be paid by a parent for support of
the child and the period during which the duty of support is owed, a court
enforcing the obligation of support shall consider all relevant facts in-
cluding, but not limited to, the following:

(1) The needs of the child.

(2) The standards of living and circumstances of the parents.

(3) The relative financial means of the parents.

1394             1997 Session Laws of Kansas             Ch. 182

(4) The earning ability of the parents.

(5) The need and capacity of the child for education.

(6) The age of the child.

(7) The financial resources and the earning ability of the child.

(8) The responsibility of the parents for the support of others.

(9) The value of services contributed by the custodial parent.

(g) The provisions of K.S.A. 23-4,107, and amendments thereto, shall
apply to all orders of support issued under this section.

(h) An order granting visitation rights pursuant to this section may
be enforced in accordance with K.S.A. 23-701, and amendments thereto.

New Sec. 6. (a) Nothing in sections 6 through 21 and amendments
thereto shall be construed as a waiver by the state of Kansas of immunity
from suit under the 11th amendment to the constitution of the United
States or as allowing any jurisdiction outside this state to impose sanctions
or penalties against the state of Kansas, any agency or instrumentality
thereof, its officers or employees.

(b) Sections 6 through 21 and amendments thereto shall be part of
and supplemental to article 7 of chapter 39 of the Kansas Statutes An-
notated.

New Sec. 7. The following definitions shall apply in any IV-D ad-
ministrative proceeding related to sections 6 through 21 and amendments
thereto, except where the context requires otherwise.

(a) ``Account'' means a demand deposit account, checking or nego-
tiable withdrawal order account, savings account, time deposit account or
money-market mutual fund account.

(b) ``Arrearages'' means past due support under any support order of
any tribunal of this or any other state, including but not limited to the
unpaid balance of any costs awarded, public assistance debt or accrued
interest.

(c) ``Business day'' means a day on which state offices in Kansas are
open for regular business.

(d) ``Cash asset'' means any intangible property that consistently
maintains a fair market value of one dollar per unit. It shall be presumed
that any account held by a financial institution and from which the obligor
may make cash withdrawals, with or without penalty, consists entirely of
cash assets.

(e) ``Current support'' includes but is not limited to the duty to pro-
vide for a child's ongoing medical needs through cash, insurance coverage
or other means. ``Current support'' does not include any periodic amount
specified to defray arrearages.

(f) ``Custodial parent'' means the parent or other person receiving
IV-D services on the child's behalf and may include an agency acting in
loco parentis, a guardian, or a blood or adoptive relative with whom the
child resides.

Ch. 182             1997 Session Laws of Kansas             1395

(g) ``Duty of support'' means any duty to support another person that
is imposed or imposable by law or by any order, decree or judgment of
any tribunal, whether interlocutory or final or whether incidental to a
proceeding for divorce, judicial separation, separate maintenance or
otherwise, including but not limited to the duty to provide current sup-
port, the duty to provide medical support, the duty to pay birth expenses,
the duty to pay a public assistance debt and the duty to pay arrearages.

(h) ``Financial institution'' means any financial institution as defined
in 469A of the federal social security act (42 U.S.C. (section) 469A) and amend-
ments thereto.

(i) ``Holder'' means any person who is or may be in possession or
control of any cash asset of the responsible parent.

(j) ``IV-D'' or ``title IV-D'' means part D of title IV of the federal
social security act (42 U.S.C. (section) 651 et seq.) and amendments thereto, as
in effect on May 1, 1997. ``IV-D services'' means those services the sec-
retary provides pursuant to title IV-D.

(k) ``Party'' means the secretary, the responsible parent, the custodial
parent or the child or any assignee or other successor in interest to any
of them.

(l) ``Public assistance debt'' means the obligation to reimburse public
assistance as described in K.S.A. 39-718b or 39-719 and amendments
thereto or in any similar law of this or any other state.

(m) ``Responsible parent'' means, if a child is receiving or has re-
ceived IV-D services from the secretary, the mother, father or alleged
father of the child.

(n) ``Secretary'' means the secretary of social and rehabilitation serv-
ices or a designee of the secretary.

(o) ``State'' means a state of the United States, the District of Colum-
bia, Puerto Rico, the United States Virgin Islands or any territory or in-
sular possession subject to the jurisdiction of the United States. The term
``state'' includes an Indian tribe and includes any jurisdiction declared a
foreign reciprocating country by the United States secretary of state and
any foreign jurisdiction that has established procedures for issuance and
enforcement of child support orders which are substantially similar to the
procedures of this state. It shall be presumed that a foreign jurisdiction
which is the subject of an unrevoked declaration by the attorney general
pursuant to K.S.A. 23-4,101 and amendments thereto is a state as defined
in this subsection.

(p) ``Support order'' means any order by which a person's duty of
support is established, including but not limited to any order modifying
a prior support order.

(q) ``Tribunal'' means any court, administrative agency or quasi-
judicial entity authorized to establish, modify or enforce support orders
or to determine parentage. With respect to support orders entered in this
state, the courts are the tribunals in Kansas.

1396             1997 Session Laws of Kansas             Ch. 182

New Sec. 8. (a) The powers and remedies provided in this section
are cumulative and do not affect any other powers of the secretary or the
availability of remedies under other law.

(b) In any case for which the secretary is providing IV-D services, the
secretary, subject to de novo court review as provided in subsection (c),
may:

(1) Obtain access to information as authorized by law;

(2) subpoena records pursuant to section 13 and amendments
thereto;

(3) order genetic tests pursuant to section 14 and amendments
thereto;

(4) order minimum payments to defray arrearages pursuant to section
15 and amendments thereto;

(5) enforce any duty of support by income withholding pursuant to
the income withholding act and section 16 et seq. and amendments
thereto;

(6) enforce any duty of support by administrative levy pursuant to
section 19 and amendments thereto;

(7) perfect any lien against property;

(8) order executions against property pursuant to K.S.A. 60-2401 and
amendments thereto; and

(9) change the payee of any support order pursuant to section 20 and
amendments thereto.

(c) In any action by the secretary pursuant to subsection (b), an ag-
grieved person has the right to file a petition with the district court pur-
suant to chapter 60 of the Kansas Statutes Annotated, and amendments
thereto, for de novo court review of such action by the secretary. An
aggrieved person shall not be required to first exhaust administrative rem-
edies that may be available to such person. If such person files a petition
for de novo review and a request for an administrative hearing has already
been docketed, such administrative hearing shall be stayed until the court
has reviewed and rendered a decision on such petition. The secretary of
social and rehabilitation services shall be a necessary party to the action.
In any action under this subsection, the court may grant relief that would
have been available to the parties in an administrative hearing conducted
pursuant to K.S.A. 75-3306, and amendments thereto.

(d) In any action by the secretary pursuant to subsection (b), the
secretary shall give written notice to the party, clearly and conspicuously,
of the right to a de novo court review pursuant to subsection (c).

(e) The secretary may designate employees of the secretary to serve
as authorized agents to exercise powers of the secretary in IV-D admin-
istrative proceedings. By written contract, the secretary may designate
other persons to serve as authorized agents to exercise specific powers of
the secretary in IV-D cases.

Ch. 182             1997 Session Laws of Kansas             1397

New Sec. 9. (a) The secretary shall have jurisdiction over:

(1) Any person receiving IV-D services from the secretary;

(2) any person within or without this state who may be made subject
to the jurisdiction of the courts of this state for the purpose of determining
the person's duty of support or for establishing or enforcing a support
order;

(3) any person without this state who may be made subject to the
jurisdiction of the secretary for IV-D purposes by the laws of the juris-
diction in which the person resides or may be found; and

(4) any person who may be made subject to the jurisdiction of the
courts of this state because the person is or may be in possession or
control of property of the responsible parent, is or may be indebted to
the responsible parent or is or may be the responsible parent's payor as
defined in the income withholding act and amendments thereto.

(b) The jurisdiction of the secretary over any person shall commence
at the time the person is served with an initial notice or order in any
IV-D administrative proceeding or, for a person receiving IV-D services
from the secretary, at the time the secretary's IV-D services begin. ``Initial
notice or order'' includes a subpoena, an order for genetic tests, a notice
of lien, an income withholding order and an order to restrict transfer.

The secretary's jurisdiction over the responsible parent shall con-
tinue so long as IV-D administrative proceedings are pending or so long
as a duty of support exists, whichever is longer, regardless of the respon-
sible parent's subsequent departure from this state.

(c) Except as provided in subsection (d) or as otherwise specifically
required by law, service of any subpoena, notice or order in any IV-D
administrative proceeding upon any person shall be by regular mail ad-
dressed to the person's last known address. Service by mail is complete
upon mailing. Nothing in this subsection shall prevent the secretary and
any person from agreeing to an alternative method of service, including
but not limited to electronic data transfer. Any person accepting an al-
ternative method of service under this subsection shall not be liable to
any person solely because of the method of service.

(d) Service upon the responsible parent of an order for genetic tests
shall be made only by personal service or registered mail, return receipt
requested.

(e) If service of any notice or order in a IV-D administrative pro-
ceeding must be made only by personal service or registered mail, return
receipt requested is qualified to serve the notice or order.

(f) Except as otherwise provided in this subsection, substantial com-
pliance with the requirements for any method of service provided by this
section shall effect valid service if, upon review, the hearing officer or
tribunal finds that, notwithstanding some irregularity or omission, the
person served was made aware that an action or proceeding was pending
in which the person's person, status or property could be affected.

1398             1997 Session Laws of Kansas             Ch. 182

After commencement of any IV-D administrative proceeding, service
upon the secretary of any notice or document in the same IV-D admin-
istrative proceeding at any address other than the current address pro-
vided by the secretary shall not be effective service upon or notice to the
secretary.

New Sec. 10. Except to the extent precluded by another provision
of law, a person may waive any right conferred upon that person with
respect to any IV-D proceeding. Anyone seeking waiver shall advise the
person of the right to seek independent legal advice. Such waiver may be
revoked in writing within 20 days following the date of such waiver.

New Sec. 11. (a) The provisions of this section shall apply to all or-
ders entered by an authorized agent of the secretary in any IV-D admin-
istrative proceeding under sections 6 through 21 and amendments
thereto.

(b) Every administrative order entered shall specify:

(1) Identifying information about the IV-D case;

(2) the mailing address of the Kansas office providing IV-D services;

(3) any finding of fact required by law; and

(4) when review of the administrative order is available and how to
request review.

(c) Each administrative order shall be signed and dated by the sec-
retary's authorized agent. The date of entry shall be the date the admin-
istrative order is signed by the secretary's authorized agent. The admin-
istrative order shall be effective as of the date of entry except to the extent
that the order's effectiveness is stayed.

(d) A copy of the administrative order shall be served on each person
required to comply with the administrative order, on the responsible par-
ent, and on any other person required by law to receive a copy of the
administrative order.

(e) The secretary may correct any technical error arising from over-
sight or omission or any clerical mistake that is discovered in any admin-
istrative order. Except as otherwise provided in this section, the amend-
ment may be made at any time upon the secretary's own initiative or upon
request of any person and after such notice, if any, that the secretary
determines appropriate. If a review is pending, an amendment under this
section may be made only with leave of the presiding officer. The amend-
ment shall relate back to the date of the original administrative order,
except that any person who has relied in good faith upon the original
administrative order shall not be prejudiced by the relation back of any
amendment under this section. A copy of the amended administrative
order shall be served upon the same parties as the original administrative
order, with a statement explaining the change, when review of the
amended administrative order is available and how to request review. For
the purpose of determining whether review of the amended order is avail-

Ch. 182             1997 Session Laws of Kansas             1399

able, the date the amended order was served upon the person requesting
review shall be treated as the date the amended administrative order was
entered.

New Sec. 12. (a) Subject to subsection (b), an administrative sub-
poena or order whose effect has not been stayed shall be enforceable
pursuant to the civil enforcement provisions of the act for judicial review
and civil enforcement of agency actions, K.S.A. 77-601 et seq. and amend-
ments thereto, from the date of the subpoena's issuance or the order's
entry.

(b) A subpoena issued pursuant to section 13 and amendments
thereto or an order to restrict transfer or to verify information entered
pursuant to section 19 and amendments thereto shall not be enforceable
more than two years after the date of issuance or entry, as shown on the
face of the subpoena or order.

New Sec. 13. (a) In any title IV-D case, the secretary may issue a
subpoena pursuant to this section to obtain information about the re-
sponsible parent's whereabouts or finances if the information is needed
to establish, modify or enforce a support order. The subpoena shall re-
quire the person to whom it is directed to produce a copy of the records
designated in the subpoena or, if applicable, to complete a form furnished
pursuant to subsection (c). At least 14 days shall be allowed for compli-
ance with the subpoena. A subpoena issued pursuant to this section shall
be subject to defenses which would apply if the subpoena had been issued
by a court of this state.

(b) A subpoena issued pursuant to this section shall be served only
by personal service or registered mail, return receipt requested.

(c) The secretary may furnish with the subpoena a form requesting
specific information from the records of the person to whom the sub-
poena is directed. The person may elect to furnish the copy of the des-
ignated records or to complete the form in full. If the person completes
the form in full and returns it to the secretary's authorized agent by mail
or otherwise within the time allowed, it shall be sufficient compliance
with the subpoena.

(d) Except as otherwise provided in this subsection or subsection (c),
the person to whom a subpoena is directed shall comply with the sub-
poena by delivering to the secretary's authorized agent by mail or
otherwise a sworn statement and a true and correct copy of the records
designated in the subpoena. The sworn statement shall certify that the
copy delivered by the person is a true and correct copy of the records
designated in the subpoena. When more than one person has custody of
the records or has knowledge of the facts required to be stated in the
sworn statement, more than one sworn statement may be made.

If the person has none of the records designated in the subpoena, or

1400             1997 Session Laws of Kansas             Ch. 182

only part thereof, the person shall so state in the sworn statement and
shall send a copy of those records of which the person has custody.

(e) Before the time specified in the subpoena for compliance there-
with, the person to whom the subpoena is directed may request: (1) An
administrative hearing to review all or part of the subpoena by complying
with procedures established by the secretary for requesting such a review;
or (2) a de novo court review pursuant to section 8, and amendments
thereto. The person shall comply with any portion of the subpoena for
which review is not requested. If the subpoena is served by mail, the time
for requesting review shall be extended by three days. If the request for
review is made within the time allowed, the effect of the subpoena shall
be stayed pending resolution of the review. Upon request, the presiding
officer may limit the stay to the matters under review.

(f) Except as otherwise provided in this subsection, a subpoena issued
pursuant to this section whose effect has not been stayed may be enforced
pursuant to the civil enforcement provisions of the act for judicial review
and civil enforcement of agency actions, K.S.A. 77-601, et seq., and
amendments thereto, after the time for compliance with the subpoena
has expired. A subpoena issued pursuant to this section shall not be en-
forceable more than two years after the date of issuance shown on the
face of the subpoena.

New Sec. 14. (a) This section shall not apply if an action to establish
the father's duty of support on behalf of the child is pending before any
tribunal. As used in this section, ``mother'' means the natural mother of
the child whose parentage is in issue.

(b) Except as otherwise provided in subsection (d), genetic tests may
be ordered by the secretary if the alleged father consents and the nec-
essary persons are available for testing. Except as otherwise provided in
subsection (e), the secretary shall pay the costs of genetic tests, subject
to recoupment from the father if paternity is established. For purposes
of this section, a person receiving title IV-D services is not available for
testing if a claim for good cause not to cooperate under title IV-D is
pending or has been determined in the person's favor or if the person
ceases to receive title IV-D services for any reason.

(c) A copy of the order for genetic tests shall be served upon persons
required to comply with the order only by personal service or registered
mail, return receipt requested. The order shall specify the time and place
the person is required to appear for testing, which shall be at least ten
days after the date the order is entered.

(d) If a presumption of paternity arises pursuant to subsection (a) of
K.S.A. 38-1114 and amendments thereto because the mother married or
attempted to marry any man, the secretary shall not order genetic testing
unless a court of this state or an appropriate tribunal in another state has
found that determining the child's biological father is in the child's best

Ch. 182             1997 Session Laws of Kansas             1401

interests. If a tribunal subsequently determines that the prohibition of
this subsection applied at the time genetic tests were ordered by the
secretary, any support order based in whole or in part upon the genetic
tests may be set aside only as provided in K.S.A. 60-260 and amendments
thereto.

(e) Upon receiving the results of genetic testing, the secretary shall
promptly send a copy of the results to the parties, together with notice
of the time limits for requesting any additional genetic tests or for chal-
lenging the results pursuant to K.S.A. 38-1118 and amendments thereto,
how to make such request or challenge, and any associated costs. The
notice shall state the consequences pursuant to K.S.A. 38-1118 and
amendments thereto of failing to act within the time allowed by the stat-
ute. Any additional genetic tests shall be at the expense of the person
making the request for additional genetic tests. Failure of the person
requesting additional tests to make advance payment as required by the
secretary shall be deemed withdrawal of the request.

(f) Any person required to comply with an order issued pursuant to
this section may request: (1) An administrative hearing pursuant to K.S.A.
75-3306, and amendments thereto, by complying with procedures estab-
lished by the secretary within ten days after entry of the order; or (2) a
de novo court review pursuant to section 8, and amendments thereto. If
the order is served on the person by mail, the time for requesting review
shall be extended by three days. An order issued pursuant to this section
shall be subject to defenses that would apply if the order had been issued
by a court of this state. If the request for review is made within the time
allowed, the effect of the order shall be stayed with respect to the person
requesting review pending resolution of the review.

(g) An order issued pursuant to this section whose effect has not been
stayed may be enforced pursuant to the civil enforcement provisions of
the act for judicial review and civil enforcement of agency actions, K.S.A.
77-601, et seq., and amendments thereto, after the time for compliance
with the order has expired.

New Sec. 15. (a) If the responsible parent owes any arrearages, the
secretary may serve upon the responsible parent an order for minimum
payments to defray the arrearages. The order shall identify the amount
of unpaid arrearages and the minimum periodic payment the obligor is
required to make to defray the arrearages. The amount specified for the
minimum periodic payment shall be in addition to any current support
order. The order shall state that failure to request review of the stated
amount of arrearages may bar any later challenge to the amount. The
order shall be served on the responsible parent only by personal service
or registered mail, return receipt requested.

(b) The secretary shall adopt guidelines for determining minimum
payments to defray arrearages that may be ordered pursuant to this sec-

1402             1997 Session Laws of Kansas             Ch. 182

tion. To the extent that information is known, the following factors shall
be considered: the financial condition of the child, custodial parent and
responsible parent; the amount of the current support order; the exis-
tence of other dependents; and the total of unpaid arrearages.

(c) Unless stayed, an order issued pursuant to this section shall be
effective 30 days after the date of entry. The responsible parent may
request: (1) An administrative hearing pursuant to K.S.A. 75-3306, and
amendments thereto, by complying with procedures established by the
secretary within ten days after entry of the order; or (2) a de novo court
review pursuant to section 8, and amendments thereto. If the order is
served by mail, the time shall be extended by three days.

(d) If, after an order issued pursuant to this section becomes effec-
tive, the responsible parent fails to make the minimum payments to defray
arrearages, the order may be enforced pursuant to the civil enforcement
provisions of the act for judicial review and civil enforcement of agency
actions, K.S.A. 77-601 et seq., and amendments thereto.

New Sec. 16. (a) Except as otherwise provided in K.S.A. 23-4,107 or
section 18, and amendments thereto, if no income withholding order is
in effect to enforce a support order in a title IV-D case, an income with-
holding order may be entered by the secretary. A notice of intent to
initiate income withholding, as described in K.S.A. 23-4,107 and amend-
ments thereto, shall be served on the responsible parent at least seven
days before the secretary issues the income withholding order. If the
amount of arrearages is less than the amount of current support due for
one month, the requirements of subsection (d) must be met. The income
withholding order shall conform to the requirements of the income with-
holding act and amendments thereto and shall have the same force and
effect as an income withholding order issued by a district court of this
state.

(b) If an income withholding order is issued by the secretary to en-
force a support order entered by a court of this state, the original docu-
ment shall be delivered for filing to the clerk of the court that entered
the support order. Thereafter, if the secretary is no longer providing title
IV-D services in the case, the clerk of the district court shall use the
income withholding order issued by the secretary in the same manner as
an income withholding order issued by the court.

(c) If an income withholding order is issued by the secretary to en-
force a support order entered by a tribunal of another state, the secretary
shall transmit a copy of the income withholding order to the tribunal of
the other state.

(d) If there are no arrearages or the amount of arrearages under the
support order is less than the amount of current support due for one
month, the secretary may initiate income withholding only if:

(1) Any arrearages are owed;

Ch. 182             1997 Session Laws of Kansas             1403

(2) a medical child support order exists;

(3) the secretary determines that immediate issuance of the income
withholding order was required by K.S.A. 23-4,107 and amendments
thereto or by a similar law of another state, but no income withholding
order was entered;

(4) the responsible parent consents;

(5) required payments have been received after the due date at least
twice within the preceding 12 months, regardless of whether any arrear-
ages are owed; or

(6) the support order was entered by a tribunal of another state.

(e) If the support order was entered by or registered with a court of
this state, the notice of intent to initiate income withholding shall be
served on the responsible parent by only personal service or registered
mail, return receipt requested. In all other cases, the notice of intent to
initiate income withholding shall be served upon the responsible parent
only by personal service or registered mail, return receipt requested.

New Sec. 17. (a) At any time after issuing an income withholding
order, the secretary shall: (1) Modify or terminate the income withholding
order because of a modification or termination of the underlying support
order; (2) modify the amount of income withheld to reflect payment in
full of the arrearages; (3) modify or terminate the income withholding
order to reflect the final order in a fair hearing pursuant to K.S.A. 75-
3306 and amendments thereto; or (4) modify, or when appropriate ter-
minate, an income withholding order consisting in whole or in part of a
medical withholding order because of a modification or termination of
the underlying medical child support order.

(b) In addition to modifications required by subsection (a), at any
time the secretary may issue a modified income withholding order: (1)
To change the amount to be withheld to defray arrearages; or (2) to
conform the terms of a medical withholding order to the requirements
of a payer. The provisions of this subsection shall apply only to income
withholding orders issued pursuant to section 16, and amendments
thereto, including any modifications of such orders.

(c) The secretary shall provide notice of any proposed modification
to the responsible parent by only personal service or registered mail,
return receipt requested at least 14 days before entry of the modified
income withholding order. The responsible parent may request: (1) An
administrative hearing pursuant to K.S.A. 75-3306, and amendments
thereto, for review of the proposed modification by complying with pro-
cedures established by the secretary within ten days after service of the
notice; or (2) a de novo court review pursuant to section 8, and amend-
ments thereto. If the notice is served by mail, the time for requesting
review shall be extended by three days. If the proposed modification
increases the total amount to be withheld from the responsible parent's

1404             1997 Session Laws of Kansas             Ch. 182

income, entry of the modified income withholding order shall be stayed
pending resolution of the review. In all other instances, entry of the pro-
posed modification shall be stayed only for cause. The issues in the ad-
ministrative hearing shall be limited to whether the amount of current
support is as stated in the proposed modification and whether the total
arrearages are less than the proposed installment to defray arrearages.

(d) The responsible parent may request that the secretary terminate
an income withholding order for cash support if: (1) Withholding has not
previously been terminated and reinitiated; and (2) there is a written
agreement among the parties that provides for an alternative arrange-
ment. If an income withholding order is terminated and the obligor sub-
sequently accrues any arrearages, the secretary may issue another income
withholding order as provided in section 16 and amendments thereto.

(e) If the income withholding order includes both a medical with-
holding order and an income withholding order for cash support, modi-
fication or termination of one portion of the income withholding order
shall not modify or terminate any other portion of the income withholding
order except as expressly provided in the order.

(f) The provisions of section 16 and amendments thereto, relating to
transmitting income withholding orders to the tribunal that issued the
underlying support order, shall apply to any order issued modifying or
terminating income withholding that is issued pursuant to this section.

New Sec. 18. (a) The responsible parent may request: (1) An admin-
istrative hearing pursuant to K.S.A. 75-3306, and amendments thereto,
for review of a notice of intent to initiate income withholding served
pursuant to section 16 and amendments thereto by complying with pro-
cedures established by the secretary within seven days after service of the
notice of intent; or (2) a de novo court review pursuant to section 8, and
amendments thereto. If the notice is served by mail, the time for re-
questing review shall be extended by three days. The request for review
shall specify the mistake of fact alleged to be the basis for the stay or any
applicable defense under this section. If the amount of the current sup-
port order or the amount of arrearages is challenged, the request shall
specify the amount that is uncontested.

(b) The issues on review shall be limited to whether a mistake of fact
existed at the time the notice to the responsible parent was prepared or,
if specified in the request for review, whether a defense exists under this
section. As used in this section, ``mistake of fact'' means an incorrect
statement of the amount of current support due, the amount of arrear-
ages, the amount of income to be withheld or the identity of the respon-
sible parent.

(c) Except as otherwise provided in this subsection, the presiding
officer shall immediately authorize issuance of an income withholding
order upon request of the secretary if the identity of the responsible

Ch. 182             1997 Session Laws of Kansas             1405

parent is not contested and the uncontested facts in the case show that
the requirements of subsection (d) of section 16 and amendments thereto
have been met. If a defense under subsection (g) has been alleged, the
presiding officer shall authorize immediate issuance of an income with-
holding order only if the uncontested arrearages equal or exceed the
amount of support due for one month. A copy of the request shall be
served on the responsible parent. The income withholding order author-
ized by this subsection shall specify an amount sufficient to satisfy the
order for current support and to defray any arrearages, but only to the
extent that each amount is not contested. Any income withholding order
issued pursuant to this subsection shall be effective until modified or
terminated.

(d) Entry of the income withholding order may be stayed only to the
extent permitted by the income withholding act, and amendments
thereto, or this section. A request for review under this section shall stay
issuance of the administrative income withholding order until further or-
der of the presiding officer.

(e) Within 45 days of the date the notice of intent to initiate income
withholding was served on the responsible parent, the presiding officer
shall provide the responsible parent an opportunity to present the re-
sponsible parent's case, determine if an income withholding order may
be issued and notify the responsible parent and the secretary whether or
not withholding is to occur.

(f) In addition to any other circumstances warranting issuance of an
income withholding order under this section and notwithstanding any
claim made pursuant to subsection (g), if the presiding officer finds that
a notice of intent to initiate income withholding was served on the re-
sponsible parent and that there were arrearages, as of the date the notice
was prepared, in an amount equal to or greater than the amount of sup-
port payable for one month, the presiding officer shall authorize issuance
of an income withholding order. Subsequent payments to defray arrear-
ages shall not prevent issuance of an income withholding order under this
subsection unless there is no current support due and all arrearages are
satisfied.

(g) If an income withholding order was not entered at the time the
support order was entered because the tribunal found that there was good
cause not to order immediate income withholding or that the parties had
entered into an agreement for an alternative arrangement, the responsible
parent may request that income withholding be stayed pursuant to this
subsection.

If the responsible parent shows that the tribunal issuing the support
order found good cause not to require immediate income withholding
and that the basis for the finding of good cause still exists, the presiding
officer shall stay issuance of the income withholding order unless subsec-
tion (f) applies.

1406             1997 Session Laws of Kansas             Ch. 182

If the responsible parent shows that the tribunal issuing the support
order did not require immediate income withholding based upon an
agreement of the interested parties for an alternative arrangement, the
presiding officer may stay issuance of the income withholding order un-
less the presiding officer finds that: (1) Subsection (f) applies; (2) the
agreement was not in writing; (3) the agreement was not approved by all
interested parties, including any IV-D agency involved in the case at the
time of the agreement; (4) the terms of the agreement or alternative
arrangement are not being met; (5) the agreement or alternative arrange-
ment is not in the best interests of the child; or (6) the agreement or
alternative arrangement places an unnecessary burden upon the custodial
parent, the responsible parent, or a public office.

(h) If the proposed administrative income withholding order specifies
a periodic amount to defray arrearages, the presiding officer may order
a reduction in the periodic amount to defray arrearages only if the total
arrearages owed are less than the periodic amount to defray arrearages.

New Sec. 19. (a) Upon determining that arrearages exist in a title
IV-D case, the secretary may enforce the support order by an adminis-
trative levy upon the responsible parent's cash assets. Any retirement fund
that may be revoked or terminated by the responsible parent and is com-
posed of cash assets shall be subject to administrative levy under this
section, notwithstanding any other provision of law unless the retirement
fund has any primary beneficiary other than the responsible parent or the
responsible parent's spouse.

(b) To initiate an administrative levy under this section, the secretary
shall serve an order to restrict transfer upon the holder of any cash asset
of the responsible parent. The secretary may include with the order to
restrict transfer an order to verify information concerning the cash asset.
Except as otherwise provided pursuant to subsection (i), the order to
restrict transfer shall be served only by personal service or registered mail,
return receipt requested.

(c) The order to restrict transfer shall attach, upon receipt by the
holder, the interest of the responsible parent in any cash asset in the
possession or control of the holder subject to any prior attachment or lien
or any right of setoff that the holder may have against such assets. If the
total value of all attachable cash assets is less than $25 at that time, no
interest shall be attached by the order to restrict transfer. Upon attach-
ment, the holder shall not transfer any of the attached assets without the
consent of the secretary until further order of the secretary.

(d) Any cash asset held by the responsible parent in joint tenancy
with rights of survivorship shall be presumed to be owned entirely by the
responsible parent. The burden of proving otherwise shall be upon any
person asserting ownership of any attached cash asset. Neither the holder

Ch. 182             1997 Session Laws of Kansas             1407

nor the secretary shall be liable to the joint owners if the ownership of
the cash assets is later proven not to be the responsible parent's.

(e) The holder shall promptly notify any co-owner of the cash asset
or account about the attachment if the co-owner's interest appears to be
affected by the attachment.

(f) If an order to restrict transfer is issued, the secretary shall simul-
taneously send notice to the responsible parent by only personal service
or registered mail, return receipt requested. The notice shall state when
review is available and how to request review.

(g) If the secretary includes with the order to restrict transfer an
order to verify information, the holder shall comply with the terms of the
order to verify information within 14 days of receipt.

(h) If the time allowed to request an administrative hearing has
elapsed and the proposed levy has not been challenged or the challenge
has been resolved, in whole or in part, in favor of the secretary, the
secretary shall issue an order to the holder to disburse the attached funds.

(i) If the holder is a financial institution that has entered into an
agreement with the secretary, the agreement may provide for alternative
methods of: (1) Notifying the financial institution to restrict transfer of
cash assets or to disburse proceeds of the order; (2) resolving disputes
between the financial institution and the secretary concerning an admin-
istrative levy; and (3) exchanging any data related to the IV-D program.

(j) The exemptions contained in article 23 of chapter 60 shall apply
to any attachment under this section.

(k) The responsible parent, the holder or any co-owner may contest
any order entered under this section that affects the person's rights or
duties. The aggrieved person may request: (1) an administrative hearing
pursuant to K.S.A. 75-3306, and amendments thereto, by complying with
procedures established by the secretary within ten days after entry of the
order being contested; or (2) a de novo court review pursuant to section
8, and amendments thereto. If the order is served on the person by mail,
the person's time for requesting review shall be extended by three days.

(l) Except as otherwise provided in this subsection, the effect of an
order to restrict transfer may be stayed pending resolution of any admin-
istrative hearing only upon request and only if the person requesting the
stay posts a cash or surety bond or provides other unencumbered security
equal in value to the amount of the attached assets. Upon notice and
opportunity for hearing, the presiding officer may stay or limit the effect
of an order to restrict transfer if the request for stay is accompanied by
a sworn statement that the responsible parent is not the owner of the
attached assets.

The effect of an order to verify information or an order to disburse
attached funds shall be stayed only at the discretion of the presiding
officer.

(m) An order issued pursuant to this section whose effect has not

1408             1997 Session Laws of Kansas             Ch. 182

been stayed may be enforced pursuant to the civil enforcement provisions
of the act for judicial review and civil enforcement of agency actions,
K.S.A. 77-601 et seq., and amendments thereto, after the time for com-
pliance with the order has expired. An order issued pursuant to this sec-
tion shall not be enforceable more than two years after the date of entry
shown on the face of the order.

New Sec. 20. (a) Nothing in this section shall be construed to prevent
the secretary from redirecting support payments by filing a notice of as-
signment pursuant to K.S.A. 39-754 and amendments thereto, or to re-
quire the secretary to issue an order to change payee in lieu of filing such
a notice of assignment.

(b) If a support order has been entered in any IV-D case, the sec-
retary may enter an order to change the payee. The order may be directed
to the clerk of court or any other payer under the support order and shall
require payments to be made and disbursed as provided in the order to
change payee until further notice. The order to change payee shall be
served on the clerk of the court or other payer by only personal service
or registered mail, return receipt requested. The secretary shall serve a
copy of the order to change payee on the responsible parent and the
custodial parent and, if the previous payee is a real party in interest, upon
the previous payee by only personal service or registered mail, return
receipt requested. An order to change payee may be entered pursuant to
this section only if the payer is subject, or may be made subject, to the
jurisdiction of the courts of this state. The jurisdiction of the secretary
over the payer for purposes of this section shall commence when the
payer is served with the order to change payee and shall continue so long
as the order to change payee is in effect and has not been superseded.

(c) If an order to change payee is directed to any payer other than
the clerk of court, a copy shall also be filed with the tribunal that issued
the support order.

(d) If the underlying support order was entered or has been regis-
tered in this state, no order to change payee issued by any IV-D agency
shall be effective to require any payer, other than a clerk of court, to send
payments to any location other than to the clerk of court where the sup-
port order was entered or registered, a location specified in the support
order or a location specified by court rule. If the clerk of court receives
an order to change payee from anyone other than the secretary and a
notice of assignment pursuant to K.S.A. 39-754 and amendments thereto
or a conflicting order to change payee is still in effect, the clerk of court
may at any time request an administrative hearing pursuant to K.S.A. 75-
3306, and amendments thereto, by complying with procedures estab-
lished by the secretary.

(e) If the underlying support order was not entered and has not been
registered in this state, any person whose interest may be prejudiced by

Ch. 182             1997 Session Laws of Kansas             1409

the order to change payee may request: (1) An administrative hearing
pursuant to K.S.A. 75-3306, and amendments thereto, by complying with
procedures established by the secretary within 10 days after entry of the
order being contested; or (2) a de novo court review pursuant to section
8, and amendments thereto. If the order is served on the person by mail,
the person's time for requesting review shall be extended by three days.

(f) An order to change payee issued by a IV-D agency in another state
shall have the same force and effect in this state, and be subject to the
same limitations, as an order to change payee issued by the secretary
under this section. Upon request of a IV-D agency in another state, the
secretary may enforce such an order to change payee as though it had
been issued by the secretary of social and rehabilitation services. By serv-
ing an order to change payee related to a support order entered in this
state, such IV-D agency shall be deemed to have consented to the juris-
diction of this state to determine how payments will be directed to main-
tain accurate payment records and rapid disbursement of support collec-
tions.

(g) As used in this section, ``clerk of court'' includes any district court
trustee generally designated to process support payments and includes
any disbursement unit or entity that may be established by court rule to
process support payments.

(h) In an administrative hearing pursuant to K.S.A. 75-3306, and
amendments thereto, the effect of an order to change payee may be
stayed only upon request and only if the new payee is a person or entity
other than the clerk of the court.

(i) An order issued pursuant to this section whose effect has not been
stayed may be enforced pursuant to the civil enforcement provisions of
the act for judicial review and civil enforcement of agency actions, K.S.A.
77-601 et seq., and amendments thereto, after the time for compliance
with the order has expired.

New Sec. 21. If arrearages have accrued under a support order en-
tered by or registered with a court of this state, the secretary may issue
execution pursuant to K.S.A. 60-2401 and amendments thereto.

Sec. 22. K.S.A. 23-4,101 is hereby amended to read as follows: 23-
4,101. (a) If the attorney general finds that reciprocal provisions are avail-
able in a foreign nation or a state of a foreign nation for the enforcement
of support orders issued in this state, the attorney general may declare
the foreign nation or state of a foreign nation to be a reciprocating state
for the purpose of K.S.A. 23-451 et seq. and amendments thereto.

(b) establishing or enforcing any duty of support. A declaration made
pursuant to this section subsection may be revoked by the attorney gen-
eral.

(b) The attorney general shall review any declaration made pursuant
to subsection (a) to determine whether the declaration should be revoked

1410             1997 Session Laws of Kansas             Ch. 182

if all or part of the same jurisdiction was declared a foreign reciprocating
country by the United States secretary of state and the declaration by the
United States secretary of state has been revoked.

Sec. 23. K.S.A. 23-4,106 is hereby amended to read as follows: 23-
4,106. As used in the income withholding act:

(a) ``Arrearage'' means the total amount of unpaid support which is
due and unpaid under an order for support, based upon the due date
specified in the order for support or, if no specific date is stated in the
order, the last day of the month in which the payment is to be made. If
the order for support includes a judgment for reimbursement, an arrear-
age equal to or greater than the amount of support payable for one month
exists on the date the order for support is entered.

(b) ``Business day'' means a day on which state offices in Kansas are
open for regular business.

(b) (c) ``Health benefit plan'' means any benefit plan, other than pub-
lic assistance, which is able to provide hospital, surgical, medical, dental
or any other health care or benefits for a child, whether through insurance
or otherwise, and which is available through a parent's employment or
other group plan.

(c) (d) ``Income'' means any form of periodic payment to an individ-
ual, regardless of source, including, but not limited to, wages, salary, trust,
royalty, commission, bonus, compensation as an independent contractor,
annuity and retirement benefits, workers compensation and any other
periodic payments made by any person, private entity or federal, state or
local government or any agency or instrumentality thereof. ``Income''
does not include: (1) Any amounts required by law to be withheld, other
than creditor claims, including but not limited to federal and state taxes,
social security tax and other retirement and disability contributions; (2)
any amounts exempted by federal law; (3) public assistance payments;
and (4) unemployment insurance benefits except to the extent otherwise
provided by law. Any other state or local laws which limit or exempt
income or the amount or percentage of income that can be withheld shall
not apply. Workers compensation shall be considered income only for the
purposes of child support and not for the purposes of maintenance.

(d) (e) ``Income withholding order'' means an order issued under this
act which requires a payor to withhold income to satisfy an order for
support or to defray an arrearage.

(e) (f) ``Medical child support order'' means an order requiring a par-
ent to provide coverage for a child under a health benefit plan and, where
the context requires, may include an order requiring a payor to enroll a
child in a health benefit plan.

(f) (g) ``Medical withholding order'' means an income withholding
order which requires an employer, sponsor or other administrator of a
health benefit plan to enroll a child under the health coverage of a parent.

Ch. 182             1997 Session Laws of Kansas             1411

(g) (h) ``Nonparticipating parent'' means, if one parent is a partici-
pating parent as defined in this section, the other parent.

(h) (i) ``Obligee'' means the person or entity to whom a duty of sup-
port is owed.

(i) (j) ``Obligor'' means any person who owes a duty to make payments
or provide health benefit coverage under an order for support.

(j) (k) ``Order for support'' means any order of a court, or of an ad-
ministrative agency authorized by law to issue such an order, which pro-
vides for payment of funds for the support of a child, or for maintenance
of a spouse or ex-spouse, and includes an order which provides for mod-
ification or resumption of a previously existing order; payment of unin-
sured medical expenses; payment of an arrearage accrued under a pre-
viously existing order; a reimbursement order, including but not limited
to an order established pursuant to K.S.A. 39-718a or 39-718b, and
amendments thereto; an order established pursuant to K.S.A. 23-451 et
seq. and amendments thereto; or a medical child support order.

(k) (l) ``Participating parent'' means a parent who is eligible for single
coverage under a health benefit plan as defined in this section, regardless
of the type of coverage actually in effect, if any.

(l) (m) ``Payor'' means any person or entity owing income to an obligor
or any self-employed obligor and includes, with respect to a medical child
support order, the sponsor or administrator of a health benefit plan.

(m) (n) ``Public office'' means any elected or appointed official of the
state or any political subdivision or agency of the state, or any subcon-
tractor thereof, who is or may become responsible by law for enforcement
of, or who is or may become authorized to enforce, an order for support,
including but not limited to the department of social and rehabilitation
services, court trustees, county or district attorneys and other subcon-
tractors.

(n) (o) ``Title IV-D'' means part D of title IV of the federal social
security act (42 U.S.C. (section) 651 et seq.) and amendments thereto, as in effect
on May 1, 1997. ``Title IV-D cases'' means those cases required by part
D of title IV of the federal social security act (42 U.S.C. (section) 651 et seq.),
as amended, title IV-D to be processed by the department of social and
rehabilitation services under the state's plan for support enforcement pro-
viding title IV-D services.

Sec. 24. K.S.A. 23-4,107 is hereby amended to read as follows: 23-
4,107. (a) Any new or modified order for support entered on or after
January 1, 1986, shall include a provision for the withholding of income
to enforce the order for support. Except as otherwise provided in sub-
section (b) or (c), withholding shall take effect only if there is: (1) An
arrearage in an amount equal to or greater than the amount of support
payable for one month; and (2) compliance with requirements of subsec-
tions (d) and (h).

1412             1997 Session Laws of Kansas             Ch. 182

(b) Except as otherwise provided in this subsection or in subsection
(j), (k) or (m) (l), all new or modified orders for support entered on or
after October 1, 1990, in title IV-D cases and all new or modified orders
for support entered on or after July 1, 1993, in all other cases shall provide
for immediate issuance of an income withholding order. Prior to July 1,
1993, whenever an order of support is entered or modified in a case other
than a title IV-D case, the court shall have discretion to order immediate
issuance of an income withholding order. The income withholding order
shall be issued without further notice to the obligor specifying and shall
specify an amount sufficient to satisfy the order for support and to defray
any arrearage. The income withholding order shall be issued regardless
of whether a payor subject to the jurisdiction of this state can be identified
at the time the order for support is entered.

(c) If the provisions of subsection (b) do not apply, the obligee or
public office may file a motion in a title IV-D case requesting that an
income withholding order be issued regardless of the amount of the ar-
rearage. If no arrearage existed as of the date the notice pursuant to
subsection (h) was served upon the obligor, the motion shall only be
granted if the court finds that good cause exists for issuing the income
withholding order or if the obligor consents to issuance of an income
withholding order. If the motion is granted, an Except as otherwise pro-
vided in this subsection or subsections (j) or (l), if no income withholding
order is in effect to enforce the support order, an income withholding
order shall be issued by the court upon request of the obligee or public
office, provided that the obligor accrued an arrearage equal to or greater
than the amount of support payable for one month and the requirements
of subsections (d) and (h) have been met. The income withholding order
shall be issued without further notice to the obligor specifying and shall
specify an amount sufficient to satisfy the order for support and to defray
any arrearage. The income withholding order may shall be issued regard-
less of whether a payor subject to the jurisdiction of this state can be
identified at the time the income withholding order is issued.

(d) (1) Not less than seven days after the obligee or public office has
served a notice of intent to apply for an income withholding order pur-
suant to subsection (h), the obligee or public office may initiate income
withholding pursuant to paragraph (1) or (2).

(1) The obligee or public office may apply for an income withholding
order by filing with the court an affidavit stating: (A) The date that the
notice was served on the obligor and the manner of service; (B) that the
obligor has not filed a motion to stay issuance of the income withholding
order or, if a motion to stay has been filed, the reason an income with-
holding order must be issued immediately; (C) a specified amount to be
withheld by the payor to satisfy the order of support and to defray any
arrearage; (D) whether the income withholding order is to include a med-
ical withholding order; and (E) except in title IV-D cases, that the amount

Ch. 182             1997 Session Laws of Kansas             1413

of the arrearage as of the date the notice to the obligor was prepared was
equal to or greater than the amount of support payable for one month.
In addition to any other penalty provided by law, the filing of such an
affidavit with knowledge of the falsity of a material declaration is punish-
able as a contempt.

(2) Upon the filing of an the affidavit pursuant to paragraph (1), the
income withholding order shall be issued without further notice to the
obligor, hearing or amendments of the support order. Payment of all or
part of the arrearage before issuance of the income withholding order
shall not prevent issuance of the income withholding order, unless the
arrearage is paid in full and the order for support does not include an
amount for the current support of a person. No affidavit is required if the
court, upon hearing a motion to stay issuance of the income withholding
order or otherwise, issues an income withholding order.

(2) In a title IV-D case, the IV-D agency may issue an income with-
holding order as authorized by section 16, and amendments thereto. Any
such income withholding order shall be considered an income withholding
order issued pursuant to this act.

(e) (1) An income withholding order shall be directed to any payor
of the obligor. Notwithstanding any other requirement of this act as to
form or content, any income withholding order prepared in a standard
format prescribed by the secretary of social and rehabilitation services
shall be deemed to be in compliance with this act.

(2) An income withholding order which does not include a medical
withholding order shall require the payor to withhold from any income
due, or to become due, to the obligor a specified amount sufficient to
satisfy the order of support and to defray any arrearage and shall include
notice of and direction to comply with the provisions of K.S.A. 23-4,108
and 23-4,109, and amendments thereto.

(3) An income withholding order which consists only of a medical
withholding order shall include notice of the medical child support order
and shall conform to the requirements of K.S.A. 23-4,121 and amend-
ments thereto. The medical withholding order shall include notice of and
direction to comply with the requirements of K.S.A. 23-4,108, 23-4,109,
23-4,119 and 23-4,122 and amendments thereto.

(4) An income withholding order which includes both a medical with-
holding order and an income withholding order for cash support shall
meet the requirements of paragraphs (2) and (3).

(f) (1) Upon written request and without the requirement of further
notice to the obligor, the clerk of the district court shall cause a copy of
the income withholding order to be served on the payor in any manner
permitted for service of summons and petition by the statutes contained
in article 3 of chapter 60 of the Kansas Statutes Annotated and acts amen-
datory thereof or supplemental thereto only by personal service or reg-
istered mail, return receipt requested.

1414             1997 Session Laws of Kansas             Ch. 182

(2) Without the requirement of further notice to the obligor, the
IV-D agency may cause a copy of any income withholding order to be
served on the payor only by personal service or registered mail, return
receipt requested or by any alternate method acceptable to the payor. No
payor shall be liable to any person solely because of the method of service
accepted by the payor.

(3) As used in this section, ``copy of the income withholding order''
means any document or notice, regardless of format, that advises the
payor of the same general duties, requires the same amount to be withheld
from income and requires medical withholding to the same extent as the
original income withholding order.

(g) An income withholding order shall be binding on any existing or
future payor on whom a copy of the order is served and shall require the
continued withholding of income from each periodic payment of income
until further order of the court or agency that issued the income with-
holding order. At any time following issuance of an income withholding
order, the obligee, obligor or public office may request service of a copy
of the income withholding order may be served on any payor without the
requirement of further notice to the obligor.

(h) Except as provided in subsection (k), or (l) or (m), at any time
following entry of an order for support the obligee or public office may
serve upon the obligor a written notice of intent to apply for issuance of
an initiate income withholding order. If any notice in the court record
indicates that title IV-D services are being provided in the case, whether
or not the IV-D services include enforcement of current support, the per-
son or public office requesting issuance of the income withholding order
shall obtain the consent of the IV-D agency to the terms of the proposed
income withholding order.

The notice of intent to initiate income withholding shall be served on
the obligor by first-class mail or in the manner for service of a summons
pursuant to the statutes contained in article 3 of chapter 60 of the Kansas
Statutes Annotated and acts amendatory thereof or supplemental thereto
at least seven days before the date the affidavit is filed only by personal
service or registered mail, return receipt requested. The notice served on
the obligor must state: (1) The terms of the order of support and the total
arrearage as of the date the notice was prepared; (2) the amount of in-
come that will be withheld, not including premiums to satisfy a medical
withholding order; (3) whether a medical withholding order will be re-
quested included; (4) that the provision for withholding applies to any
current or subsequent payor; (5) the procedures available for contesting
the withholding and that the only basis for contesting the withholding is
a mistake of fact concerning the amount of the support order, the amount
of the arrearage, the amount of income to be withheld or the proper
identity of the obligor; (6) the period within which the obligor must file
a motion act to stay issuance of the income withholding order and that

Ch. 182             1997 Session Laws of Kansas             1415

failure to take such action within the specified time will result in payors'
being ordered to begin withholding; and (7) the action which will be taken
if the obligor contests the withholding.

The obligor may, at any time, waive in writing the notice required by
this subsection.

(i) On request of an obligor, the court shall issue an income with-
holding order which shall be honored by a payor regardless of whether
there is an arrearage. Nothing in this subsection shall limit the right of
the obligee to request modification of the income withholding order.

(j) (1) Before entry of a new or modified order for support, a party
may request that no income withholding order be issued pursuant to
subsection (b) if notice of the request has been served on all interested
parties and: (A) The party demonstrates, and the court finds, that there
is good cause not to require immediate income withholding, or (B) a
written agreement among all interested parties provides for an alternative
arrangement. In a title IV-D case, the determination that there is good
cause not to require immediate income withholding must include a find-
ing that immediate income withholding would not be in the child's best
interests and, if an obligor's existing obligation is being modified, proof
of timely payment of previously ordered support.

(2) Notwithstanding the provisions of subsection (j)(1), the court shall
issue an income withholding order when an affidavit pursuant to subsec-
tion (d) is filed if an arrearage exists in an amount equal to or greater
than the amount of support payable for one month.

(3) If a notice pursuant to subsection (h) has been served in a title
IV-D case, there is no arrearage or the arrearage is less than the amount
of support payable for one month, and the obligor files a motion to stay
issuance of the income withholding order based upon the court's previous
finding of good cause not to require immediate income withholding pur-
suant to subsection (j)(1), the obligor must demonstrate the continued
existence of good cause. Unless the court again finds that good cause not
to require immediate income withholding exists, the court shall issue the
income withholding order.

(4) If a notice pursuant to subsection (h) has been served in a title
IV-D case, there is no arrearage or the arrearage is less than the amount
of support payable for one month, and the obligor files a motion to stay
issuance of an income withholding order based upon a previous agree-
ment of the interested parties for an alternative arrangement pursuant to
subsection (j)(1), the court shall issue an income withholding order, not-
withstanding any previous agreement, if the court finds that:

(A) The agreement was not in writing;

(B) the agreement was not approved by all interested parties;

(C) the terms of the agreement or alternative arrangement are not
being met;

1416             1997 Session Laws of Kansas             Ch. 182

(D) the agreement or alternative arrangement is not in the best in-
terests of the child; or

(E) the agreement or alternative arrangement places an unnecessary
burden upon the obligor, obligee or a public office.

(5) The procedures and requirements of K.S.A. 23-4,110 and amend-
ments thereto apply to any motion pursuant to paragraph (3) or (4) of
this subsection (j).

(k) (1) An ex parte interlocutory order for support may be enforced
pursuant to subsection (b) or (c) only if the obligor has consented to the
income withholding in writing.

(2) An ex parte interlocutory order for support may be enforced pur-
suant to subsection (d) (c) only if 10 or more days have elapsed since the
order for support was served on the obligor.

(3) Any other interlocutory order for support may be enforced by
income withholding pursuant to this act in the same manner as a final
order for support.

(4) No bond shall be required for the issuance of an income with-
holding order to enforce an interlocutory order pursuant to this act.

(l) If the provisions of subsection (b) do not apply and the case is not
a title IV-D case, a notice of intent to apply for issuance of an income
withholding order may be served on the obligor only if there is an ar-
rearage, as of the date the notice is prepared, in an amount equal to or
greater than the amount of support payable for one month.

(m) (l) All new or modified orders for maintenance of a spouse or ex-
spouse, except orders for a spouse or ex-spouse living with a child for
whom an order of support is also being enforced, entered on or after July
1, 1992, shall include a provision for the withholding of income to enforce
the order of support. Unless the parties consent in writing to earlier is-
suance of a withholding order, withholding shall take effect only after
there is an arrearage in an amount equal to or greater than the amount
of support payable for two months and after service of a notice as provided
in subsection (h).

Sec. 25. K.S.A. 23-4,108 is hereby amended to read as follows: 23-
4,108. (a) It shall be the affirmative duty of any payor to respond within
10 days to written requests for information presented by the public office
concerning: (1) The full name of the obligor; (2) the current address of
the obligor; (3) the obligor's social security number; (4) the obligor's work
location; (5) the number of the obligor's claimed dependents; (6) the
obligor's gross income; (7) the obligor's net income; (8) an itemized state-
ment of deductions from the obligor's income; (9) the obligor's pay sched-
ule; (10) the obligor's health insurance coverage; and (11) whether or not
income owed the obligor is being withheld pursuant to this act. This is
an exclusive list of the information that the payor is required to provide
under this section.

Ch. 182             1997 Session Laws of Kansas             1417

(b) It shall be the duty of any payor who has been served an income
withholding order for payment of an order for cash support to deduct
and pay over income as provided in this section. The payor shall begin
the required deductions no later than the next payment of income due
the obligor after 14 days following service of the order on the payor.

(c) Within 10 seven business days of the time the obligor is normally
paid, the payor shall pay the amount withheld as directed by the income
withholding agency pursuant to K.S.A. 23-4,109 and amendments
thereto, otherwise to the clerk of court or court trustee as directed by the
income withholding order or by a rule of the Kansas supreme court. The
payor shall identify each payment with the name of the obligor, the county
and case number of the income withholding order, and the date the in-
come was withheld from the obligor. A payor subject to more than one
income withholding order from a single county payable to the same payee
may combine the amounts withheld into a single payment, but only if the
amount attributable to each income withholding order is clearly identi-
fied. Premiums required for a child's coverage under a health benefit
plan shall be remitted as provided in the health benefit plan and shall not
be combined with any other support payment required by the income
withholding order.

(d) The payor shall continue to withhold income as required by the
income withholding order until further order of the court or agency.

(e) From income due the obligor, the payor may withhold and retain
to defray the payor's costs a cost recovery fee of $5 for each pay period
for which income is withheld or $10 for each month for which income is
withheld, whichever is less. Such cost recovery fee shall be in addition to
the amount withheld as support.

(f) The entire sum withheld by the payor, including the cost recovery
fee and premiums due from the obligor which are incurred solely because
of a medical withholding order, shall not exceed the limits provided for
under section 303(b) of the consumer credit protection act (15 U.S.C.
(section) 1673(b)). If amounts of earnings required to be withheld exceed the
maximum amount of earnings which may be withheld according to the
consumer credit protection act, priority shall be given to payment of cur-
rent and past due support, and the payor shall promptly notify the holder
of the limited power of attorney of any nonpayment of premium for a
health benefit plan on the child's behalf. An income withholding order
issued pursuant to this act shall not be considered a wage garnishment as
defined in subsection (b) of K.S.A. 60-2310 and amendments thereto. If
amounts of earnings required to be withheld in accordance with this act
are less than the maximum amount of earnings which could be withheld
according to the consumer credit protection act, the payor shall honor
garnishments filed by other creditors to the extent that the total amount
taken from earnings does not exceed consumer credit protection act lim-
itations.

1418             1997 Session Laws of Kansas             Ch. 182

(g) The payor shall promptly notify the clerk of the district court or
the court trustee court or agency that issued the income withholding order
of the termination of the obligor's employment or other source of income,
or the layoff of the obligor from employment, and provide the obligor's
last known address and the name and address of the individual's current
employer, if known.

(h) Payment as required by an income withholding order issued un-
der this act shall be a complete defense by the payor against any claims
of the obligor or the obligor's creditors as to the sums paid. A payor who
complies with an income withholding order that is regular on its face shall
not be subject to civil liability to any person or agency for conduct in
compliance with the income withholding order.

(i) Except as provided further, if any payor violates the provisions of
this act, the court shall may enter a judgment against the payor for the
total amount which should have been withheld and paid over and may
enter judgment against the payor to the extent of the total arrearage, as
defined in K.S.A. 23-4,106, and amendments thereto, owed. If the payor,
without just cause or excuse, intentionally fails to pay over income within
the time established in subsection (c) and the obligee files a motion to
have such income paid over, the court shall enter a judgment against the
payor and in favor of the obligee for three times the amount of the income
owed and reasonable attorney fees.

(j) Any In addition to any judgment authorized by subsection (i), a
payor who intentionally discharges, refuses to employ or takes disciplinary
action against an obligor solely because of an income withholding order
issued under this act shall be subject to a civil penalty not exceeding $500
and such other equitable relief as the court considers proper if the payor:
(1) Discharges, refuses to employ or takes disciplinary action against an
obligor subject to an income withholding order because of such withhold-
ing and the obligations or additional obligations which it imposes upon
the payor; or (2) fails to withhold support from income or to pay such
amounts in the manner required by this act.

Sec. 26. K.S.A. 23-4,109 is hereby amended to read as follows: 23-
4,109. (a) An income withholding order issued under this act shall have
priority over any other legal process under state law against the same
income. Withholding of income under this section shall be made without
regard to any prior or subsequent garnishments, attachments, wage as-
signments or other claims of creditors.

(b) Except as provided by this act K.S.A. 60-2310, and amendments
thereto, any state law which limits or exempts income from legal process
or the amount or percentage of income that can be withheld shall not
apply to withholding income under this act.

(c) If Subject to the provisions of section 47 and amendments thereto,
if more than one income withholding order requires withholding from

Ch. 182             1997 Session Laws of Kansas             1419

the same source of income of a single obligor, the payor shall withhold
and disburse as ordered the total amount required by all income with-
holding orders if such amount does not exceed the limits of subsection
(f) of K.S.A. 23-4,108 and amendments thereto, as shown in the with-
holding order which specifies the highest percentage of income allowed
to be withheld. If the total amount required by all income withholding
orders, including premiums due from the obligor which are incurred
solely because of a medical withholding order, exceeds such limits, the
payor shall withhold the amount permitted to be withheld under such
limits and from the amount withheld the payor shall retain any cost re-
covery fee charged by the payor. The remaining funds shall first be pro-
rated by the payor among all income withholding orders for the obligor
that require payment of current support. When all current support for
the month has been satisfied, any remaining funds shall be prorated
among all income withholding orders for the obligor that require payment
of an amount for arrearages. The With respect to a medical withholding
order, the payor shall promptly notify the affected holder of the limited
power of attorney of any nonpayment of premium. The payor may request
assistance from the income withholding agency in determining the
amount to be disbursed for each income withholding order, but such
assistance shall not relieve the payor from any responsibility under this
act. Upon request of a public office or of any obligee whose income
withholding order is affected by this subsection, the payor shall provide
the county, case number and terms of all the obligor's income withholding
orders.

(d) The provisions of this section as amended by this act shall apply
to all income withheld on or after July 1, 1992, regardless of when the
applicable income withholding order was entered or modified.

Sec. 27. K.S.A. 23-4,110 is hereby amended to read as follows: 23-
4,110. This section shall not apply if the notice of intent to initiate income
withholding was issued by the IV-D agency pursuant to section 16 and
amendments thereto.

(a) A motion to stay issuance of the income withholding order must
be filed with the court and a copy served on the obligee or public office
within seven days after service on the obligor of a notice pursuant to
subsection (h) of K.S.A. 23-4,107 and amendments thereto. Except as
provided in subsection (j) of K.S.A. 23-4,107 and amendments thereto,
the grounds for obtaining the stay shall be limited to a mistake of fact in
the notice concerning the amount of the order for support, the amount
of the arrearage, the amount of income to be withheld or the proper
identity of the obligor. The motion shall specify the mistake of fact alleged
to be the basis for the motion. If the amount of the order for support or
the amount of the arrearage is challenged, the motion shall specify the
amount of the order for support or the arrearage which is uncontested.

1420             1997 Session Laws of Kansas             Ch. 182

In addition to any other penalty provided by law, filing a motion to stay
with knowledge of the falsity of any material declaration or without spec-
ifying the uncontested amount of the order for support or the arrearage,
when required, is punishable as a contempt.

(b) The court, upon notice of the date, time and place of hearing to
the obligor and the obligee or public office, shall hear the matter within
14 days after the motion to stay issuance of the income withholding order
is filed with the court.

(c) (1) If a motion to stay has been filed and the identity of the ob-
ligor is not contested, the obligee, obligor or public office may apply for
immediate issuance of an income withholding order pursuant to subsec-
tion (d) of K.S.A. 23-4,107 and amendments thereto pending resolution
of the contested issues. The affidavit shall specify an amount sufficient to
satisfy the order for support or the arrearage only to the extent that the
amount of the order for support or the arrearage is not contested. A copy
of the affidavit shall be served on the obligor.

(2) Whenever an affidavit has been filed as provided in this subsec-
tion, the court shall immediately issue the income withholding order.

(d) If the court cannot promptly resolve all issues, the court may
continue the hearing on the unresolved issues, provided that within 45
days of the date the notice was served on the obligor the court notifies
the obligor and the obligee or public office of whether or not the with-
holding is to occur. If the court upholds the issuance of an income with-
holding order in a contested case, the court must include in its order
notice of the time within which the withholding will begin and the infor-
mation given to the payor as required in K.S.A. 23-4,108 and 23-4,109,
and amendments thereto.

(e) In addition to any other circumstances warranting issuance of an
income withholding order, if the court finds that a notice of intent to
apply for issuance of an initiate income withholding order was served on
the obligor and that there was an arrearage, as of the date the notice was
prepared, in an amount equal to or greater than the amount of support
payable for one month, the court shall issue an income withholding order.
The provisions of this subsection shall only apply to an order for support
of a spouse or ex-spouse if the spouse or ex-spouse is living with a child
for whom an order of support is also being enforced.

Sec. 28. K.S.A. 23-4,111 is hereby amended to read as follows: 23-
4,111. This section shall not apply if the income withholding order was
issued by the IV-D agency pursuant to section 16 or 17 and amendments
thereto, unless IV-D services are no longer being provided with respect
to either current support or arrearages.

(a) At any time upon motion the court shall: (1) Modify or terminate
the income withholding order because of a modification or termination
of the underlying order for support; (2) modify the amount of income

Ch. 182             1997 Session Laws of Kansas             1421

withheld to reflect payment in full of the arrearage by income withholding
or otherwise; or (3) modify, or when appropriate terminate, an income
withholding order consisting in whole or in part of a medical withholding
order because of a modification or termination of the underlying medical
child support order.

(b) On request of the obligee or public office, the court shall issue
an order which modifies the amount of income withheld, subject to the
limitations of subsection (f) of K.S.A. 23-4,108 and amendments thereto.

(c) The obligor may file a motion to terminate an income order for
cash support if: (1) The withholding order has not previously been ter-
minated under this subsection and subsequently initiated; and (2) there
is a written agreement among all interested parties which provides for an
alternative arrangement. Under this subsection, the court may terminate
the income withholding order unless it finds good cause for denying the
motion because of the obligor's payment history or otherwise. If an in-
come withholding order is terminated for any reason and the obligor
subsequently becomes delinquent in the payment of the order for sup-
port, the obligee or public office may obtain another income withholding
order by complying with all requirements for notice and service pursuant
to this act.

(d) If the income withholding order includes both a medical with-
holding order and an income withholding order for cash support, modi-
fication or termination of one portion of the income withholding order
shall not modify or terminate any other portion of the income withholding
order except as expressly provided by the court.

(e) If support payments are undeliverable to the obligee, any such
payments shall be held in trust by the court until the payments can be
delivered.

(f) The clerk of court shall cause to be served on the payor a copy of
any order entered pursuant to this section that affects the duties of the
payor.

Sec. 29. K.S.A. 23-4,129 is hereby amended to read as follows: 23-
4,129. (a) Upon receiving a support order of another jurisdiction with the
documentation specified in subsection (b) from an agency of another
jurisdiction operating pursuant to title IV, part D, of the federal social
security act (42 U.S.C. (section) 651 et seq.), as amended, the agency shall pro-
ceed under section 16 and amendments thereto or file the documents with
the clerk of the court in which withholding is being sought. Upon receipt
of the documents the clerk of court, without payment of a filing fee or
other costs, shall file them in a registry of foreign support orders. Such
filing shall constitute entry of the support order under K.S.A. 23-4,125
through 23-4,137 and amendments thereto. Nothing in this subsection
shall be construed to create an attorney-client relationship between an
attorney representing the department of social and rehabilitation services

1422             1997 Session Laws of Kansas             Ch. 182

and any party other than the department of social and rehabilitation serv-
ices.

(b) The following documentation is required for the entry of a sup-
port order of another jurisdiction under the interstate income withholding
act:

(1) A certified copy of the support order with all modifications;

(2) a certified statement of child support owed and paid, including
dates of payment and to whom paid;

(3) a certified copy of an income withholding notice or order, if any,
still in effect;

(4) a copy of the portion of the income withholding statute of the
jurisdiction which issued the support order which states the requirements
for obtaining income withholding under the law of that jurisdiction;

(5) a sworn statement of the obligee or agency of the arrearages and
the assignment of support rights, if any; and

(6) a statement of:

(A) The name, address and social security number of the obligor, if
known;

(B) the name and address of the obligor's employer or of any other
source of income of the obligor derived in this state against which income
withholding is sought; and

(C) the name and address of the agency or person to whom support
payments collected by income withholding shall be transmitted.

(c) If the documentation received under subsection (a) does not con-
form to the requirements of subsection (b), the agency shall remedy any
defect which it can without the assistance of the requesting agency. If the
agency is unable to make such corrections, the requesting agency shall
immediately be notified of the necessary additions or corrections. In nei-
ther case shall the documentation be returned. The agency and court
shall accept the documentation required by subsections (a) and (b) even
if it is not in the usual form required by state or local rules, so long as
the substantive requirements of these subsections are met.

(d) An obligee not receiving services from any agency operating pur-
suant to title IV, part D, of the federal social security act (42 U.S.C.
(section) 651 et seq.), as amended, may file the documents specified in subsection
(b) with the clerk of the court in which withholding is being sought. If
the documents are filed by an attorney, they shall be filed by an attorney
licensed to practice law in the state of Kansas or authorized in accordance
with supreme court rule 116.

(e) A support order entered under subsection (a) or (d) shall be en-
forceable by income withholding against income derived in this state in
the manner and with the effect as set forth in K.S.A. 23-4,105 through
23-4,118 and 23-4,130 through 23-4,137 the income withholding act and
the interstate income withholding act and amendments thereto. Entry of

Ch. 182             1997 Session Laws of Kansas             1423

the order shall not confer jurisdiction on the courts of this state for any
purpose other than income withholding.

Sec. 30. K.S.A. 23-4,133 is hereby amended to read as follows: 23-
4,133. The provisions of K.S.A. 23-4,107 and 23-4,108 and amendments
thereto, including the notice to the payor, penalties and sanctions against
noncomplying payors, payor fees, protection against payor retaliation,
payment directions and ability to issue a single check, apply to income
withholding based on a support order of another jurisdiction entered un-
der K.S.A. 23-4,129 and amendments thereto.

Sec. 31. K.S.A. 23-4,146 is hereby amended to read as follows: 23-
4,146. (a) Whenever there is an arrearage in payment of an order of
support in an amount equal to or greater than the amount of support
payable for one month, the obligee, the secretary of social and rehabili-
tation services or the secretary's contractors, if the right to support has
been assigned to the secretary, may establish a lien shall arise by opera-
tion of law upon certain personal property of the obligor. The lien may
be perfected as follows:

(1) In the case of a vehicle, the obligee or secretary may establish a
secretary may perfect a lien on the vehicle by filing a notice of lien with
the division of vehicles of the department of revenue. The perfection of
the lien shall not be in effect until the notation of the lien is actually placed
upon the certificate of title for the vehicle. The notice shall be in a form
prescribed by the division, or on a federal form as required by title
IV-D, and shall contain a description of the vehicle, the name and address
of the obligee or secretary, the name and last known address of the obligor
and any other information required by the division. An affidavit of the
obligee or person designated by the secretary shall be filed with the notice
and shall state that there is an arrearage in an amount The notice shall
state the amount of the arrearage and that the arrearage is equal to or
greater than the amount of support payable for one month and that a. A
copy of the notice of lien has been sent shall be sent by first-class mail to
the obligor at the obligor's last known address.

Upon the filing of the notice of lien in accordance with this subsection
(a)(1) and payment to the division of a fee of $5, the division shall be
authorized to demand in writing the surrender of the title certificate from
the owner of the vehicle for the purpose of recording the lien on the title
certificate. Once the lien is properly recorded and perfected by actually
noting it on the certificate of title, a transfer of title is not valid unless the
lien has been released in the manner provided by K.S.A. 8-135 and
amendments thereto or the transfer has been consented to in writing by
the lienholder. If the obligor fails to surrender the title certificate within
15 days after the written demand by the division of vehicles, the division
shall notify the person or entity seeking the lien. Such person or entity
obligee seeking to perfect the lien. The obligee may obtain an order of the

1424             1997 Session Laws of Kansas             Ch. 182

court which issued the support order requiring the obligor to surrender
the title certificate to the court so that a the lien may be properly re-
corded. Notwithstanding any provision of this section authorizing a lien
on a vehicle of an obligor, no lien shall attach to any vehicle which the
obligor has transferred to another person who has purchased the vehicle
or accepted it by trade in exchange for other property or services in good
faith, for value, prior to the time that the lien on the vehicle has been
noted and perfected in the manner provided by this subsection (a)(1).

(2) In the case of a vessel or aircraft, the obligee or secretary may
establish may perfect a lien on the vessel or aircraft by filing a notice of
lien with the office where filing is required by K.S.A. 84-9-401 and
amendments thereto to perfect a security interest in the vessel or aircraft.
The perfection of the lien shall not be in effect until the notation of the
lien is actually placed upon the appropriate documentation of title for the
vessel or aircraft. The notice shall contain a description of the make,
model designation and serial number of the vessel or aircraft, including
its identification or registration number, if any; the name and address of
the obligee or secretary; and the name and last known address of the
obligor. An affidavit of the obligee or person designated by the secretary
shall be filed with the notice and shall state that there is an arrearage in
an amount The notice shall state the arrearage and that the arrearage is
equal to or greater than the amount of support payable for one month
and that a . A copy of the notice of lien has been sent shall be sent
simultaneously by first-class mail to the obligor at the obligor's last known
address.

Upon the filing of the notice of lien in accordance with this subsection
(a)(2) and payment of a fee of $5, the notice of lien shall be retained by
the office where filed and may be enforced and foreclosed in the same
manner as a security agreement under the provisions of the uniform com-
mercial code. If such liens are required by law to be the notice of lien is
filed in the office of the secretary of state, the filing officer shall file,
index, amend, maintain, remove and destroy the lien notification state-
ment notice of lien in the same manner as a financing statement filed
under part 4 of article 9 of the uniform commercial code. The secretary
of state shall charge the same filing and information retrieval fees and
credit the amounts in the same manner as financing statements filed
under part 4 of article 9 of the uniform commercial code. Notwithstand-
ing any provision of this section authorizing a lien on a vessel or aircraft
of an obligor, no lien shall attach to any vessel or aircraft which the obligor
has transferred to another person who has purchased the vessel or aircraft
or accepted it by trade in exchange for other property or services in good
faith, for value, prior to the time that the lien on the vessel or aircraft has
been noted and perfected in the manner provided by this subsection (a)(2).

(3) In any case filed under chapter 60 or 61 of the Kansas Statutes
Annotated, the obligee may perfect a lien on the obligor's interest in any

Ch. 182             1997 Session Laws of Kansas             1425

judgment or settlement in the case by filing a notice of lien with the clerk
of the district court. Copies shall be served on appropriate parties to the
action. The notice of lien shall have the effect of attaching the obligor's
interest in any judgment or settlement in the case. Any person holding
property or funds to satisfy any judgment or settlement in the obligor's
favor shall be prohibited from transferring to the obligor any of such
property or funds without the written consent of the obligee. At the time
that the holder would otherwise be required to transfer property to the
obligor, such property shall be transferred to the obligee unless the lien
on the property has been released. Nothing in this subsection shall be
construed to require the holder to transfer any property to the obligee
any sooner than the holder would have been required to transfer property
to the obligor. To the extent that an attorney's lien on the obligor's interest
in any settlement or judgment is perfected before service of the notice of
lien under this section, the attorney's lien shall have priority. If the prop-
erty or funds are insufficient to satisfy all liens, the court shall conduct a
hearing to determine the division of such property or funds for payment
on each lien.

Any person affected by the notice of lien who is or will be a payor as
defined in the income withholding act and amendments thereto may re-
quest that the obligee proceed under the income withholding act and re-
lease the lien perfected pursuant to this section.

(4) If the obligor is or may become entitled to workers compensation
benefits, the obligee may perfect a lien on the benefits by serving a notice
of lien on the obligor. Copies shall be served on appropriate persons,
including but not limited to the director of workers compensation. The
notice of lien shall have the effect of attaching the obligor's interest in the
workers compensation benefits. Any person holding property or funds to
satisfy the obligor's interest shall be prohibited from transferring to the
obligor any of such property or funds without the written consent of the
obligee. At the time that the holder would otherwise be required to trans-
fer property to the obligor, such property shall be transferred to the ob-
ligee unless the lien on the property has been released. Nothing in this
subsection shall be construed to require the holder to transfer any prop-
erty to the obligee any sooner than the holder would have been required
to transfer property to the obligor. To the extent that attorney fees are
allowed by K.S.A. 44-501 et seq. and amendments thereto, the attorney
fees shall have priority subject to the current limitations provided in
K.S.A. 44-720, and amendments thereto.

Any person affected by the notice of lien who is or will be a payor as
defined in the income withholding act and amendments thereto may re-
quest that the obligee proceed under the income withholding act and re-
lease the lien perfected pursuant to this section.

(b) As used in this section:

1426             1997 Session Laws of Kansas             Ch. 182

(1) ``Aircraft'' has the meaning provided by K.S.A. 3-201 and amend-
ments thereto.

(2) ``Vehicle'' has the meaning provided by K.S.A. 8-126 and amend-
ments thereto.

(3) ``Vessel'' has the meaning provided by K.S.A. 82a-801 and amend-
ments thereto.

(4) ``Arrearage,'' ``obligee,'' ``title IV-D,'' ``obligor'' and ``order for sup-
port'' have the meanings provided by K.S.A. 23-4,106 and amendments
thereto.

(5) ``Obligee'' means the person or entity to whom a duty of support
is owed, including but not limited to any title IV-D agency.

(6) ``Workers compensation'' has the meaning provided by K.S.A. 44-
501 et seq. and amendments thereto.

(7) ``Attorney's lien'' has the meaning provided by K.S.A. 7-108 and
amendments thereto.

Sec. 32. K.S.A. 23-9,101 is hereby amended to read as follows: 23-
9,101. In this act:

(a) ``Child'' means an individual, whether over or under the age of
majority, who is or is alleged to be owed a duty of support by the indi-
vidual's parent or who is or is alleged to be the beneficiary of a support
order directed to the parent.

(b) ``Child support order'' means a support order for a child, including
a child who has attained the age of majority under the law of the issuing
state.

(c) ``Duty of support'' means an obligation imposed or imposable by
law to provide support for a child, spouse or former spouse, including an
unsatisfied obligation to provide support.

(d) ``Home state'' means the state in which a child lived with a parent
or a person acting as parent for at least six consecutive months immedi-
ately preceding the time of filing of a petition or comparable pleading for
support and, if a child is less than six months old, the state in which the
child lived from birth with any of them. A period of temporary absence
of any of them is counted as part of the six-month or other period.

(e) ``Income'' includes earnings or other periodic entitlements to
money from any source and any other property subject to withholding
for support under the law of this state.

(f) ``Income withholding order'' means an order or other legal process
directed to an obligor's employer, or other debtor, as defined by the
income withholding act, K.S.A. 23-4,105 and amendments thereto, to
withhold support from the income of the obligor.

(g) ``Initiating state'' means a state in from which a proceeding is
forwarded or in which a proceeding is filed for forwarding to a responding
state under this act or a law or procedure substantially similar to this act,
the uniform reciprocal enforcement of support act or the revised uniform

Ch. 182             1997 Session Laws of Kansas             1427

reciprocal enforcement of support act is filed for forwarding to a respond-
ing state.

(h) ``Initiating tribunal'' means the authorized tribunal in an initiating
state.

(i) ``Issuing state'' means the state in which a tribunal issues a support
order or renders a judgment determining parentage.

(j) ``Issuing tribunal'' means the tribunal that issues a support order
or renders a judgment determining parentage.

(k) ``Law'' includes decisional and statutory law and rules and regu-
lations having the force of law.

(l) ``Obligee'' means:

(1) An individual to whom a duty of support is or is alleged to be
owed or in whose favor a support order has been issued or a judgment
determining parentage has been rendered;

(2) a state or political subdivision to which the rights under a duty of
support or support order have been assigned or which has independent
claims based on financial assistance provided to an individual obligee; or

(3) an individual seeking a judgment determining parentage of the
individual's child.

(m) ``Obligor'' means an individual, or the estate of a decedent:

(1) Who owes or is alleged to owe a duty of support;

(2) who is alleged, but has not been, adjudicated to be a parent of a
child; or

(3) who is liable under a support order.

(n) ``Register'' means to file a support order or judgment determining
parentage in the responding court.

(o) ``Registering tribunal'' means a tribunal in which a support order
is registered.

(p) ``Responding state'' means a state to in which a proceeding is
forwarded filed or to which a proceeding is forwarded for filing from an
initiating state under this act or a law or procedure substantially similar
to this act, the uniform reciprocal enforcement of support act, or the
revised uniform reciprocal enforcement of support act.

(q) ``Responding tribunal'' means the authorized tribunal in a re-
sponding state.

(r) ``Spousal support order'' means a support order for a spouse or
former spouse of the obligor.

(s) ``State'' means a state of the United States, the District of Colum-
bia, the Commonwealth of Puerto Rico, the United States Virgin Islands,
or any territory or insular possession subject to the jurisdiction of the
United States. The term ``state'' includes:

(1) An Indian tribe and includes; and

(2) a foreign jurisdiction that has enacted a law or established pro-
cedures for issuance and enforcement of support orders which are sub-
stantially similar to the procedures under this act, the uniform reciprocal

1428             1997 Session Laws of Kansas             Ch. 182

enforcement of support act or the revised uniform reciprocal enforcement
of support act.

(t) ``Support enforcement agency'' means a public official or agency
authorized to seek:

(1) Enforcement of support orders or laws relating to the duty of
support;

(2) establishment or modification of child support;

(3) determination of parentage; or

(4) to locate obligors or their assets.

(u) ``Support order'' means a judgment, decree or order, whether
temporary, final or subject to modification, for the benefit of a child, a
spouse or a former spouse, which provides for monetary support, health
care, arrearages or reimbursement, and may include related costs and
fees, interest, income withholding, attorney fees and other relief.

(v) ``Tribunal'' means a court, administrative agency or quasi-judicial
entity authorized to establish, enforce or modify support orders or to
determine parentage.

Sec. 33. K.S.A. 23-9,202 is hereby amended to read as follows: 23-
9,202. A tribunal of this state exercising personal jurisdiction over a non-
resident under K.S.A. 23-9,201 and amendments thereto may apply K.S.A.
23-9,316 and amendments thereto (special rules of evidence and proce-
dure) to receive evidence from another state, and K.S.A. 23-9,318 and
amendments thereto (assistance with discovery) to obtain discovery
through a tribunal of another state. In all other respects, K.S.A. 23-9,103,
23-9,201 through 23-9,209, 23-9,301 through 23-9,319, 23-9,401, 23-
9,501, 23-9,502, 23-9,601 through 23-9,612 and 23-9,701 and amend-
ments thereto do not apply and the tribunal shall apply the procedural
and substantive law of this state, including the rules on choice of law
other than those established by this act.

Sec. 34. K.S.A. 23-9,205 is hereby amended to read as follows: 23-
9,205. (a) A tribunal of this state issuing a support order consistent with
the law of this state has continuing, exclusive jurisdiction over a child
support order:

(1) As long as this state remains the residence of the obligor, the
individual obligee or the child for whose benefit the support order is
issued; or

(2) until each individual party has all of the parties who are individ-
uals have filed written consent consents with the tribunal of this state for
a tribunal of another state to modify the order and assume continuing,
exclusive jurisdiction.

(b) A tribunal of this state issuing a child support order consistent
with the law of this state may not exercise its continuing jurisdiction to
modify the order if the order has been modified by a tribunal of another
state pursuant to this act or to a law substantially similar to this act.

Ch. 182             1997 Session Laws of Kansas             1429

(c) If a child support order of this state is modified by a tribunal of
another state pursuant to this act or to a law substantially similar to this
act, a tribunal of this state loses its continuing, exclusive jurisdiction with
regard to prospective enforcement of the order issued in this state, and
may only:

(1) Enforce the order that was modified as to amounts accruing be-
fore the modification;

(2) enforce nonmodifiable aspects of that order; and

(3) provide other appropriate relief for violations of that order which
occurred before the effective date of the modification.

(d) A tribunal of this state shall recognize the continuing, exclusive
jurisdiction of a tribunal of another state which has issued a child support
order pursuant to this act or to a law substantially similar to this act.

(e) A temporary support order issued ex parte or pending resolution
of a jurisdictional conflict does not create continuing, exclusive jurisdic-
tion in the issuing tribunal.

(f) A tribunal of this state issuing a support order consistent with the
law of this state has continuing, exclusive jurisdiction over a spousal sup-
port order throughout the existence of the support obligation. A tribunal
of this state may not modify a spousal support order issued by a tribunal
of another state having continuing, exclusive jurisdiction over that order
under the law of that state.

Sec. 35. K.S.A. 23-9,206 is hereby amended to read as follows: 23-
9,206. (a) A tribunal of this state may serve as an initiating tribunal to
request a tribunal of another state to enforce or modify a support order
issued in that state.

(b) A tribunal of this state having continuing, exclusive jurisdiction
over a support order may act as a responding tribunal to enforce or modify
the order. If a party subject to the continuing, exclusive jurisdiction of
the tribunal no longer resides in the issuing state, in subsequent pro-
ceedings the tribunal may apply K.S.A. 23-9,316 and amendments thereto
(special rules of evidence and procedure) to receive evidence from an-
other state and K.S.A. 23-9,318 and amendments thereto (assistance with
discovery) to obtain discovery through a tribunal of another state.

(c) A tribunal of this state which lacks continuing, exclusive jurisdic-
tion over a spousal support order may not serve as a responding tribunal
to modify a spousal support order of another state.

Sec. 36. K.S.A. 23-9,207 is hereby amended to read as follows: 23-
9,207. (a) If a proceeding is brought under this act, and one or more child
support orders have been issued in this or another state with regard to
an obligor and a child, a tribunal of this state shall apply the following
rules in determining which order to recognize for purposes of continuing,
exclusive jurisdiction:

1430             1997 Session Laws of Kansas             Ch. 182

(1) If only one tribunal has issued a child support order, the order of
that tribunal must be recognized.

(2) If two or more tribunals have issued child support orders for the
same obligor and child, and only one of the tribunals would have contin-
uing, exclusive jurisdiction under this act, the order of that tribunal must
be recognized.

(3) If two or more tribunals have issued child support orders for the
same obligor and child, and more than one of the tribunals would have
continuing, exclusive jurisdiction under this act, an order issued by a tri-
bunal in the current home state of the child must be recognized, but if
an order has not been issued in the current home state of the child, the
order most recently issued must be recognized.

(4) If two or more tribunals have issued child support orders for the
same obligor and child, and none of the tribunals would have continuing,
exclusive jurisdiction under this act, the tribunal of this state may issue a
child support order, which must be recognized.

(b) The tribunal that has issued an order recognized under subsection
(a) is the tribunal having continuing, exclusive jurisdiction.

(a) If a proceeding is brought under this act and only one tribunal
has issued a child support order, the order of that tribunal controls and
must be so recognized.

(b) If a proceeding is brought under this act, and two or more child
support orders have been issued by tribunals of this state or another state
with regard to the same obligor and child, a tribunal of this state shall
apply the following rules in determining which order to recognize for
purposes of continuing, exclusive jurisdiction:

(1) If only one of the tribunals would have continuing, exclusive ju-
risdiction under this act, the order of that tribunal controls and must be
so recognized.

(2) If more than one of the tribunals would have continuing, exclusive
jurisdiction under this act, an order issued by a tribunal in the current
home state of the child controls and must be so recognized, but if an order
has not been issued in the current home state of the child, the order most
recently issued controls and must be so recognized.

(3) If none of the tribunals would have continuing, exclusive jurisdic-
tion under this act, the tribunal of this state having jurisdiction over the
parties shall issue a child support order, which controls and must be so
recognized.

(c) If two or more child support orders have been issued for the same
obligor and child and if the obligor or the individual obligee resides in
this state, a party may request a tribunal of this state to determine which
order controls and must be so recognized under subsection (b). The re-
quest must be accompanied by a certified copy of every support order in
effect. The requesting party shall give notice of the request to each party
whose rights may be affected by the determination.

Ch. 182             1997 Session Laws of Kansas             1431

(d) The tribunal that issued the controlling order under subsection
(a), (b) or (c) is the tribunal that has continuing, exclusive jurisdiction
under K.S.A. 23-9,205 and amendments thereto.

(e) A tribunal of this state which determines by order the identity of
the controlling order under subsection (b)(1) or (2) or which issues a new
controlling order under subsection (b)(3) shall state in that order the basis
upon which the tribunal made its determination.

(f) Within 30 days after issuance of an order determining the identity
of the controlling order, the party obtaining the order shall file a certified
copy of it with each tribunal that issued or registered an earlier order of
child support. A party who obtains the order and fails to file a certified
copy is subject to appropriate sanctions by a tribunal in which the issue
of failure to file arises. The failure to file does not affect the validity or
enforceability of the controlling order.

Sec. 37. K.S.A. 23-9,301 is hereby amended to read as follows: 23-
9,301. (a) Except as otherwise provided in this act, K.S.A. 23-9,301
through 23-9,319 and amendments thereto apply to all proceedings under
this act.

(b) This act provides for the following proceedings:

(1) Establishment of an order for spousal support or child support
pursuant to K.S.A. 23-9,401 and amendments thereto;

(2) enforcement of a support order and income withholding order of
another state without registration pursuant to K.S.A. 23-9,501 and 23-
9,502 and amendments thereto;

(3) registration of an order for spousal support or child support of
another state for enforcement pursuant to K.S.A. 23-9,601 through 23-
9,612 and amendments thereto;

(4) modification of an order for child support or spousal support is-
sued by a tribunal of this state pursuant to K.S.A. 23-9,203 through 23-
9,206 and amendments thereto;

(5) registration of an order for child support of another state for mod-
ification pursuant to K.S.A. 23-9,601 through 23-9,612 and amendments
thereto;

(6) determination of parentage pursuant to K.S.A. 23-9,701 and
amendments thereto; and

(7) assertion of jurisdiction over nonresidents pursuant to K.S.A.
23-9,201 and 23-9,202 and amendments thereto.

(c) An individual petitioner or a support enforcement agency may
commence a proceeding authorized under this act by filing a petition in
an initiating tribunal for forwarding to a responding tribunal or by filing
a petition or a comparable pleading directly in a tribunal of another state
which has or can obtain personal jurisdiction over the respondent.

Sec. 38. K.S.A. 23-9,304 is hereby amended to read as follows: 23-
9,304. (a) Upon the filing of a petition authorized by this act, an initiating

1432             1997 Session Laws of Kansas             Ch. 182

tribunal of this state shall forward three copies of the petition and its
accompanying documents:

(a) (1) To the responding tribunal or appropriate support enforce-
ment agency in the responding state; or

(b) (2) if the identity of the responding tribunal is unknown, to the
state information agency of the responding state with a request that they
be forwarded to the appropriate tribunal and that receipt be acknowl-
edged.

(b) If a responding state has not enacted this act or a law or procedure
substantially similar to this act, a tribunal of this state may issue a cer-
tificate or other document and make findings required by the law of the
responding state. If the responding state is a foreign jurisdiction, the tri-
bunal may specify the amount of support sought and provide other doc-
uments necessary to satisfy the requirements of the responding state.

Sec. 39. K.S.A. 23-9,305 is hereby amended to read as follows: 23-
9,305. (a) When a responding tribunal of this state receives a petition or
comparable pleading from an initiating tribunal or directly pursuant to
subsection (c) of K.S.A. 23-9,301 and amendments thereto (proceedings
under this act), it shall cause the petition or pleading to be filed and notify
the petitioner by first-class mail only by personal service or registered
mail, return receipt requested where and when it was filed.

(b) A responding tribunal of this state, to the extent otherwise au-
thorized by law, may do one or more of the following:

(1) Issue or enforce a support order, modify a child support order or
render a judgment to determine parentage;

(2) order an obligor to comply with a support order, specifying the
amount and the manner of compliance;

(3) order income withholding;

(4) determine the amount of any arrearages, and specify a method of
payment;

(5) enforce orders by civil or criminal contempt, or both;

(6) set aside property for satisfaction of the support order;

(7) place liens and order execution on the obligor's property;

(8) order an obligor to keep the tribunal informed of the obligor's
current residential address, telephone number, employer, address of em-
ployment and telephone number at the place of employment;

(9) issue a bench warrant for an obligor who has failed after proper
notice to appear at a hearing ordered by the tribunal and enter the bench
warrant in any local and state computer systems for criminal warrants;

(10) order the obligor to seek appropriate employment by specified
methods;

(11) award reasonable attorney fees and other fees and costs; and

(12) grant any other available remedy.

(c) A responding tribunal of this state shall include in a support order

Ch. 182             1997 Session Laws of Kansas             1433

issued under this act, or in the documents accompanying the order, the
calculations on which the support order is based.

(d) A responding tribunal of this state may not condition the payment
of a support order issued under this act upon compliance by a party with
provisions for visitation.

(e) If a responding tribunal of this state issues an order under this
act, the tribunal shall send a copy of the order by first-class mail to the
petitioner only by personal service or registered mail, return receipt re-
quested and the respondent and to the initiating tribunal, if any.

Sec. 40. K.S.A. 23-9,306 is hereby amended to read as follows: 23-
9,306. If a petition or comparable pleading is received by an inappropriate
tribunal of this state, it shall forward the pleading and accompanying
documents to an appropriate tribunal in this state or another state and
notify the petitioner by first-class mail and only by personal service or
registered mail, return receipt requested when the pleading was sent.

Sec. 41. K.S.A. 23-9,307 is hereby amended to read as follows: 23-
9,307. (a) A support enforcement agency of this state, upon request, shall
provide services to a petitioner in a proceeding under this act.

(b) A support enforcement agency that is providing services to the
petitioner as appropriate shall:

(1) Take all steps necessary to enable an appropriate tribunal in this
state or another state to obtain jurisdiction over the respondent;

(2) request an appropriate tribunal to set a date, time and place for
a hearing;

(3) make a reasonable effort to obtain all relevant information, in-
cluding information as to income and property of the parties;

(4) within two days, exclusive of Saturdays, Sundays and legal holi-
days, after receipt of a written notice from an initiating, responding or
registering tribunal, send a copy of the notice by first-class mail only by
personal service or registered mail, return receipt requested to the peti-
tioner;

(5) within two days, exclusive of Saturdays, Sundays and legal holi-
days, after receipt of a written communication from the respondent or
the respondent's attorney, send a copy of the communication by first-
class mail to the petitioner; and

(6) notify the petitioner if jurisdiction over the respondent cannot be
obtained.

(c) This act does not create or negate a relationship of attorney and
client or other fiduciary relationship between a support enforcement
agency or the attorney for the agency and the individual being assisted
by the agency.

Sec. 42. K.S.A. 23-9,311 is hereby amended to read as follows: 23-
9,311. (a) A petitioner seeking to establish or modify a support order or
to determine parentage in a proceeding under this act must verify the

1434             1997 Session Laws of Kansas             Ch. 182

petition. Unless otherwise ordered under K.S.A. 23-9,312 and amend-
ments thereto (nondisclosure of information in exceptional circum-
stances), the petition or accompanying documents must provide, so far
as known, the name, residential address and social security numbers of
the obligor and the obligee, and the name, sex, residential address, social
security number and date of birth of each child for whom support is
sought. The petition must be accompanied by a certified copy of any
support order in effect. The petition may include any other information
that may assist in locating or identifying the respondent.

(b) The petition must specify the relief sought. The petition and ac-
companying documents must conform substantially with the require-
ments imposed by the forms mandated by federal law for use in cases
filed by a support enforcement agency.

Sec. 43. K.S.A. 23-9,313 is hereby amended to read as follows: 23-
9,313. (a) The petitioner may not be required to pay a filing fee or other
costs.

(b) If an obligee prevails, a responding tribunal may assess against an
obligor filing fees, reasonable attorney fees, other costs and necessary
travel and other reasonable expenses incurred by the obligee and the
obligee's witnesses. The tribunal may not assess fees, costs or expenses
against the obligee or the support enforcement agency of either the ini-
tiating or the responding state, except as provided by other law. Attorney
fees may be taxed as costs, and may be ordered paid directly to the at-
torney, who may enforce the order in the attorney's own name. Payment
of support owed to the obligee has priority over fees, costs and expenses.

(c) The tribunal shall may order the payment of costs and reasonable
attorney fees if it determines that a hearing was requested primarily for
delay. In a proceeding under K.S.A. 23-9,601 through 23-9,612 (enforce-
ment and modification of support order after registration), a hearing is
presumed to have been requested primarily for delay if a registered sup-
port order is confirmed or enforced without change.

Sec. 44. K.S.A. 23-9,401 is hereby amended to read as follows: 23-
9,401. (a) If a support order entitled to recognition under this act has not
been issued, a responding tribunal of this state may issue a support order
if:

(1) The individual seeking the order resides in another state; or

(2) the support enforcement agency seeking the order is located in
another state.

(b) The tribunal may issue a temporary child support order if:

(1) The respondent has signed a verified statement acknowledging
parentage;

(2) the respondent has been determined by or pursuant to law to be
the parent; or

Ch. 182             1997 Session Laws of Kansas             1435

(3) there is other clear and convincing evidence that the respondent
is the child's parent.

(c) Upon finding, after notice and opportunity to be heard, that an
obligor owes a duty of support, the tribunal shall issue a support order
directed to the obligor and may issue other orders pursuant to K.S.A. 23-
9,305 and amendments thereto (duties and powers of responding tribu-
nal).

Sec. 45. K.S.A. 23-9,501 is hereby amended to read as follows: 23-
9,501. (a) An income withholding order issued in another state may be
sent by first-class mail to the person or entity defined as the obligor's
employer under the income withholding act, K.S.A. 23-4,105 et seq. and
amendments thereto without first filing a petition or comparable pleading
or registering the order with a tribunal of this state. Upon receipt of the
order, the employer shall:

(1) Treat an income withholding order issued in another state which
appears regular on its face as if it had been issued by a tribunal of this
state;

(2) immediately provide a copy of the order to the obligor; and

(3) distribute the funds as directed in the withholding order.

(b) An obligor may contest the validity or enforcement of an income
withholding order issued in another state in the same manner as if the
order had been issued by a tribunal of this state; K.S.A. 23-9,604 (choice
of law) applies to the contest. The obligor shall give notice of the contest
to any support enforcement agency providing services to the obligee and
to:

(1) The person or agency designated to receive payments in the in-
come withholding order; or

(2) if no person or agency is designated, the obligee.

New Sec. 46. (a) Upon receipt of an income withholding order, the
obligor's employer shall immediately provide a copy of the order to the
obligor.

(b) The employer shall treat an income withholding order issued in
another state which appears regular on its face as if it had been issued by
a tribunal of this state.

(c) Except as otherwise provided in subsection (d) and section 47 and
amendments thereto the employer shall withhold and distribute the funds
as directed in the withholding order by complying with terms of the order
which specify:

(1) The duration and amount of periodic payments of current child
support, stated as a sum certain;

(2) the person or agency designated to receive payments and the ad-
dress to which the payments are to be forwarded;

(3) medical support, whether in the form of periodic cash payment,
stated as a sum certain, or ordering the obligor to provide health insurance

1436             1997 Session Laws of Kansas             Ch. 182

coverage for the child under a policy available through the obligor's em-
ployment;

(4) the amount of periodic payments of fees and costs for a support
enforcement agency, the issuing tribunal, and the obligee's attorney,
stated as sums certain; and

(5) the amount of periodic payments of arrearages and interest on
arrearages, stated as sums certain.

(d) An employer shall comply with the law of the state of the obligor's
principal place of employment with that employer for withholding from
income with respect to:

(1) The employer's fee for processing an income withholding order;

(2) the maximum amount permitted to be withheld from the obligor's
income; and

(3) the times within which the employer must implement the with-
holding order and forward the child support payment.

New Sec. 47. If an obligor's employer receives multiple income with-
holding orders with respect to the earnings of the same obligor, the em-
ployer satisfies the terms of the multiple orders if the employer complies
with the law of the state of the obligor's principal place of employment
with that employer to establish the priorities for withholding and allocat-
ing income withheld for multiple child support obligees.

New Sec. 48. An employer who complies with an income withhold-
ing order issued in another state in accordance with this article is not
subject to civil liability to an individual or agency with regard to the em-
ployer's withholding of child support from the obligor's income.

New Sec. 49. An employer who willfully fails to comply with an in-
come withholding order issued by another state and received for enforce-
ment is subject to the same penalties that may be imposed for noncom-
pliance with an order issued by a tribunal of this state.

New Sec. 50. (a) An obligor may contest the validity or enforcement
of an income withholding order issued in another state and received di-
rectly by an employer in this state in the same manner as if the order had
been issued by a tribunal of this state. K.S.A. 23-9,604 and amendments
thereto (choice of law) applies to the contest.

(b) The obligor shall give notice of the contest to:

(1) A support enforcement agency providing services to the obligee;

(2) each employer that has directly received an income withholding
order; and

(3) the person or agency designated to receive payments in the in-
come withholding order or if no person or agency is designated, to the
obligee.

Sec. 51. K.S.A. 23-9,605 is hereby amended to read as follows: 23-
9,605. (a) When a support order or income withholding order issued in
another state is registered, the registering tribunal shall notify the non-

Ch. 182             1997 Session Laws of Kansas             1437

registering party. Notice must be given by first-class, certified or regis-
tered mail or by any means of personal service authorized by the law of
this state. Notice shall be only by personal service or registered mail,
return receipt requested. The notice must be accompanied by a copy of
the registered order and the documents and relevant information accom-
panying the order.

(b) The notice must inform the nonregistering party:

(1) That a registered order is enforceable as of the date of registration
in the same manner as an order issued by a tribunal of this state;

(2) that a hearing to contest the validity or enforcement of the reg-
istered order must be requested within 20 days after the date of mailing
or personal service of the notice;

(3) that failure to contest the validity or enforcement of the registered
order in a timely manner will result in confirmation of the order and
enforcement of the order and the alleged arrearages and precludes fur-
ther contest of that order with respect to any matter that could have been
asserted; and

(4) of the amount of any alleged arrearages.

(c) Upon registration of an income withholding order for enforce-
ment, the registering tribunal shall notify the obligor's employer pursuant
to the income withholding act, K.S.A. 23-4,105 et seq. and amendments
thereto.

Sec. 52. K.S.A. 23-9,606 is hereby amended to read as follows: 23-
9,606. (a) A nonregistering party seeking to contest the validity or en-
forcement of a registered order in this state shall request a hearing within
20 days after the date of mailing or personal service of notice of the
registration. The nonregistering party may seek to vacate the registration,
to assert any defense to an allegation of noncompliance with the regis-
tered order, or to contest the remedies being sought or the amount of
any alleged arrearages pursuant to K.S.A. 23-9,607 and amendments
thereto (contest of registration or enforcement).

(b) If the nonregistering party fails to contest the validity or enforce-
ment of the registered order in a timely manner, the order is confirmed
by operation of law.

(c) If a nonregistering party requests a hearing to contest the validity
or enforcement of the registered order, the registering tribunal shall
schedule the matter for hearing and give notice to the parties by first-
class mail of the date, time and place of the hearing.

Sec. 53. K.S.A. 23-9,607 is hereby amended to read as follows: 23-
9,607. (a) A party contesting the validity or enforcement of a registered
order or seeking to vacate the registration has the burden of proving one
or more of the following defenses:

(1) The issuing tribunal lacked personal jurisdiction over the con-
testing party;

1438             1997 Session Laws of Kansas             Ch. 182

(2) the order was obtained by fraud;

(3) the order has been vacated, suspended or modified by a later
order;

(4) the issuing tribunal has stayed the order pending appeal;

(5) there is a defense under the law of this state to the remedy sought;

(6) full or partial payment has been made; or

(7) the statute of limitations under K.S.A. 23-9,604 and amendments
thereto (choice of law) precludes enforcement of some or all of the ar-
rearages.

(b) If a party presents evidence establishing a full or partial defense
under subsection (a), a tribunal may stay enforcement of the registered
order, continue the proceeding to permit production of additional rele-
vant evidence, and issue other appropriate orders. An uncontested por-
tion of the registered order may be enforced by all remedies available
under the law of this state.

(c) If the contesting party does not establish a defense under subsec-
tion (a) to the validity or enforcement of the order, the registering tribunal
shall issue an order confirming the order.

Sec. 54. K.S.A. 23-9,609 is hereby amended to read as follows: 23-
9,609. A party or support enforcement agency seeking to modify, or to
modify and enforce, a child support order issued in another state shall
register that order in this state in the same manner provided in K.S.A.
23-9,601 through 23-9,604 and amendments thereto if the order has not
been registered. A petition for modification may be filed at the same time
as a request for registration, or later. The pleading must specify the
grounds for modification.

Sec. 55. K.S.A. 23-9,610 is hereby amended to read as follows: 23-
9,610. A tribunal of this state may enforce a child support order of another
state registered for purposes of modification, in the same manner as if
the order had been issued by a tribunal of this state, but the registered
order may be modified only if the requirements of K.S.A. 23-9,611 and
amendments thereto (modification of child support order of another state)
have been met.

Sec. 56. K.S.A. 23-9,611 is hereby amended to read as follows: 23-
9,611. (a) After a child support order issued in another state has been
registered in this state, the responding tribunal of this state may modify
that order only if, K.S.A. 23-9,613 and amendments thereto does not apply
and after notice and hearing, it finds that:

(1) The following requirements are met:

(A) The child, the individual obligee and the obligor do not reside in
the issuing state;

(B) a petitioner who is a nonresident of this state seeks modification;
and

Ch. 182             1997 Session Laws of Kansas             1439

(C) the respondent is subject to the personal jurisdiction of the tri-
bunal of this state; or

(2) an individual party or the child, or a party who is an individual,
is subject to the personal jurisdiction of the tribunal of this state and all
of the individual parties who are individuals have filed a written consent
consents in the issuing tribunal providing that for a tribunal of this state
may to modify the support order and assume continuing, exclusive juris-
diction over the order. However, if the issuing state is a foreign jurisdic-
tion that has not enacted a law or established procedures substantially
similar to the procedures under this act, the consent otherwise required
of an individual residing in this state is not required for the tribunal of
this state to assume jurisdiction to modify the child support order.

(b) Modification of a registered child support order is subject to the
same requirements, procedures and defenses that apply to the modifi-
cation of an order issued by a tribunal of this state and the order may be
enforced and satisfied in the same manner.

(c) A tribunal of this state may not modify any aspect of a child sup-
port order that may not be modified under the law of the issuing state.
If two or more tribunals have issued child support orders for the same
obligor and child, the order that controls and must be so recognized under
K.S.A. 29-9,207 and amendments thereto establishes the aspects of the
support order which are nonmodifiable.

(d) On issuance of an order modifying a child support order issued
in another state, a tribunal of this state becomes the tribunal of contin-
uing, exclusive jurisdiction.

(e) Within 30 days after issuance of a modified child support order,
the party obtaining the modification shall file a certified copy of the order
with the issuing tribunal which had continuing, exclusive jurisdiction over
the earlier order, and in each tribunal in which the party knows that
earlier order has been registered.

New Sec. 57. (a) If all of the parties who are individuals reside in
this state and the child does not reside in the issuing state, a tribunal of
this state has jurisdiction to enforce and to modify the issuing state's child
support order in a proceeding to register that order.

(b) A tribunal of this state exercising jurisdiction under this section
shall apply the provisions of K.S.A. 23-4,106, 23-4,107, 23-9,101, 23-
9,102, 23-9,103, 23-9,201 through 23-9,209, 23-9,601 through 23-9,611
and amendments thereto, and the procedural and substantive law of this
state to the proceeding for enforcement or modification. K.S.A. 23-9,301
et seq., 23-9,401, 23-9,501, 23-9,502, 23-9,701 and 23-9,801, 23-9,802 and
amendments thereto do not apply.

New Sec. 58. Within 30 days after issuance of a modified child sup-
port order, the party obtaining the modification shall file a certified copy
of the order with the issuing tribunal that had continuing, exclusive ju-

1440             1997 Session Laws of Kansas             Ch. 182

risdiction over the earlier order, and in each tribunal in which the party
knows the earlier order has been registered. A party who obtains the order
and fails to file a certified copy is subject to appropriate sanctions by a
tribunal in which the issue of failure to file arises. The failure to file does
not affect the validity or enforceability of the modified order of the new
tribunal having continuing, exclusive jurisdiction.

Sec. 59. K.S.A. 23-9,801 is hereby amended to read as follows: 23-
9,801. (a) For purposes of K.S.A. 23-9,801 and 23-9,802 and amendments
thereto, ``governor'' includes an individual performing the functions of
governor or the executive authority of a state covered by this act.

(b) The governor of this state may:

(1) Demand that the governor of another state surrender an individ-
ual found in the other state who is charged criminally in this state with
having failed to provide for the support of an obligee; or

(2) on the demand by the governor of another state, surrender an
individual found in this state who is charged criminally in the other state
with having failed to provide for the support of an obligee.

(c) A provision for extradition of individuals not inconsistent with this
act applies to the demand even if the individual whose surrender is de-
manded was not in the demanding state when the crime was allegedly
committed and has not fled therefrom.

Sec. 60. K.S.A. 23-9,902 is hereby amended to read as follows: 23-
9,902. This act may be cited as the uniform interstate family support act.
``Act'' or ``this act,'' as used in K.S.A. 23-9,101 through 23-9,103, 23-9,201
through 23-9,209, 23-9,301 through 23-9,319, 23-9,401, 23-9,501, 23-
9,502, 23-9,601 through 23-9,612, 23-9,701, 23-9,801, 23-9,802 and 23-
9,901 through 23-9,903, means the uniform interstate family support act.
The provisions of K.S.A. 23-9,101 through 23-9,103, 23-9,201 through
23-9,209, 23-9,301 through 23-9,319, 23-9,401, 23-9,501, 23-9,502, 23-
9,601 through 23-9,612, 23-9,701, 23-9,801, 23-9,802, 23-9,901 and 23-
9,902 shall be effective on and after July 1, 1995. K.S.A. 23-9,101 to
23-9,903 and amendments thereto may be cited as the uniform interstate
family support act.

Sec. 61. K.S.A. 32-930 is hereby amended to read as follows: 32-930.
(a) Except as provided in subsection (b), the secretary or the secretary's
designee is authorized to issue to any Kansas resident a lifetime fishing,
hunting or combination hunting and fishing license upon proper appli-
cation made therefor to the secretary or the secretary's designee and
payment of a license fee as follows: (1) A total payment made at the time
of purchase in the amount prescribed pursuant to K.S.A. 32-988 and
amendments thereto; or (2) payment may be made over a two-year period
in eight quarter-annual installments in the amount prescribed pursuant
to K.S.A. 32-988 and amendments thereto. If payment is in installments,
the license shall not be issued until the final installment has been paid.

Ch. 182             1997 Session Laws of Kansas             1441

A person making installment payments shall not be required to obtain
the appropriate annual license, and each installment payment shall be
deemed to be such an annual license for a period of one year following
the date of the last installment payment made. If an installment payment
is not received within 30 days after it is due and owing, the secretary may
consider the payments in default and may retain any payments previously
received. Any lifetime license issued to a Kansas resident shall not be
made invalid by reason of the holder thereof subsequently residing out-
side the state of Kansas. Any nonresident holder of a Kansas lifetime
hunting or combination hunting and fishing license shall be eligible under
the same conditions as a Kansas resident for a big game permit upon
proper application to the secretary. Any nonresident holder of a lifetime
fishing license issued before July 1, 1989, shall be eligible under the same
conditions as a Kansas resident for a big game permit upon proper ap-
plication to the secretary.

(b) Upon request of the secretary of social and rehabilitation services,
the secretary of wildlife and parks shall not issue a lifetime fishing, hunting
or combination hunting and fishing license to an applicant except as pro-
vided in this subsection. The secretary of social and rehabilitation services
may make such a request if, at the time of the request, the applicant owed
arrearages under a support order in a title IV-D case being administered
by the secretary of social and rehabilitation services or had outstanding
a warrant or subpoena, directed to the applicant, in a title IV-D case
being administered by the secretary of social and rehabilitation services.

Upon receiving a release from an authorized agent of the secretary of
social and rehabilitation services, the secretary of wildlife and parks may
issue the lifetime fishing, hunting or combination hunting and fishing
license. The applicant shall have the burden of obtaining and delivering
the release.

The secretary of social and rehabilitation services shall issue a release
upon request if, as appropriate:

(1) The arrearages are paid in full or a tribunal of competent juris-
diction has determined that no arrearages are owed;

(2) an income withholding order has been served upon the applicant's
current employer or payor;

(3) an agreement has been completed or an order has been entered
setting minimum payments to defray the arrearages, together with receipt
of the first minimum payment; or

(4) the applicant has complied with the warrant or subpoena or the
warrant or subpoena has been quashed or withdrawn.

Nothing in this subsection shall be construed to require or permit the
secretary of wildlife and parks to determine any issue related to the title
IV-D case except to resolve questions of mistaken identity or determine
the adequacy of any notice relating to this subsection that the secretary
of wildlife and parks provides to the applicant.

1442             1997 Session Laws of Kansas             Ch. 182

``Title IV-D'' means part D of title IV of the federal social security act
(42 U.S.C. (section) 651 et seq.) and amendments thereto, as in effect on May 1,
1997, relating to child support enforcement services.

(b) (c) The secretary, in accordance with K.S.A. 32-805 and amend-
ments thereto, may adopt rules and regulations necessary to carry out the
provisions of this section.

Sec. 62. K.S.A. 38-1113 is hereby amended to read as follows: 38-
1113. The parent and child relationship between a child and:

(a) The mother may be established by proof of her having given birth
to the child or under this act.

(b) The father may be established under this act or, in the absence of
a final judgment establishing paternity, by a voluntary acknowledgment
of paternity meeting the requirements of K.S.A. 38-1138 and amendments
thereto, unless the voluntary acknowledgment has been revoked pursuant
to K.S.A. 38-1115 and amendments thereto.

(c) An adoptive parent may be established by proof of adoption.

Sec. 63. K.S.A. 1996 Supp. 38-1115 is hereby amended to read as
follows: 38-1115. (a) A child or any person on behalf of such a child, may
bring an action:

(1) At any time to determine the existence of a father and child re-
lationship presumed under K.S.A. 38-1114 and amendments thereto; or

(2) at any time until three years after the child reaches the age of
majority to determine the existence of a father and child relationship
which is not presumed under K.S.A. 38-1114 and amendments thereto.

(b) When authorized under K.S.A. 39-755 or 39-756, and amend-
ments thereto, the secretary of social and rehabilitation services may bring
an action at any time during a child's minority to determine the existence
of the father and child relationship.

(c) This section does not extend the time within which a right of
inheritance or a right to a succession may be asserted beyond the time
provided by law relating to the probate of estates or determination of
heirship.

(d) Any agreement between an alleged or presumed father and the
mother or child does not bar an action under this section.

(e) Except as otherwise provided in this subsection, if an ack-
nowledgment of paternity has been completed pursuant to K.S.A. 65-
2409a 1996 Supp. 38-1138, and amendments thereto, has been completed
the man named as the father, the mother or the child may bring an action
to revoke the acknowledgment of paternity at any time until one year
after the child's date of birth. The legal responsibilities, including any
child support obligation, of any signatory arising from the acknowledg-
ment of paternity shall not be suspended during the action, except for
good cause shown. If the person bringing the action was a minor at the
time the acknowledgment of paternity was completed, the action to re-

Ch. 182             1997 Session Laws of Kansas             1443

voke the acknowledgment of paternity may be brought at any time until
one year after that person attains age 18, unless the court finds that the
child is more than one year of age and that revocation of the acknow-
ledgment of paternity is not in the child's best interest.

The person requesting revocation must show, and shall have the burden
of proving, that the acknowledgment of paternity was based upon fraud,
duress or material mistake of fact unless the action to revoke the ack-
nowledgment of paternity is filed before the earlier of 60 days after com-
pletion of the acknowledgment of paternity or the date of a proceeding
relating to the child in which the signatory is a party, including but not
limited to a proceeding to establish a support order.

If a court of this state has assumed jurisdiction over the matter of the
child's paternity or the duty of a man to support the child, that court shall
have exclusive jurisdiction to determine whether an acknowledgment of
paternity may be revoked under this subsection.

If an acknowledgment of paternity has been revoked under this sub-
section, it shall not give rise to a presumption of paternity pursuant to
K.S.A. 38-1114 and amendments thereto. Nothing in this subsection shall
prevent a court from admitting a revoked acknowledgment of paternity
into evidence for any other purpose.

If there has been an assignment of the child's support rights pursuant
to K.S.A. 39-709 and amendments thereto, the secretary of social and
rehabilitation services shall be a necessary party to any action under this
subsection.

Sec. 64. K.S.A. 1996 Supp. 38-1119 is hereby amended to read as
follows: 38-1119. (a) Evidence relating to paternity may include any of
the following:

(1) Evidence of sexual intercourse between the mother and alleged
father at any possible time of conception.

(2) An expert's opinion concerning the statistical probability of the
alleged father's paternity based upon the duration of the mother's preg-
nancy.

(3) Genetic test results of the statistical probability of the alleged
father's paternity.

(4) Medical or anthropological evidence relating to the alleged fa-
ther's paternity of the child based on tests performed by experts. The
court may, and upon request of a party shall, require the child, the mother
and the alleged father to submit to appropriate tests.

(5) Testimony, records and notes of a physician concerning the med-
ical circumstances of the pregnancy and the condition and characteristics
of the child upon birth. Such testimony, records and notes are not priv-
ileged.

(6) Any other evidence relevant to the issue of paternity of the child,
including but not limited to voluntary acknowledgment of paternity made

1444             1997 Session Laws of Kansas             Ch. 182

in accordance with K.S.A. 38-1130 or 65-2409a, 1996 Supp. 38-1138 and
amendments thereto.

(b) Testimony relating to sexual access to the mother by a man at a
time other than the probable time of the conception of the child is in-
admissible in evidence.

(c) For any child whose weight at birth is equal to or greater than
five pounds 12 ounces, or 2,608.2 grams, it shall be presumed that the
child was conceived between 300 and 230 days prior to the date of the
child's birth. A presumption under this section may be rebutted by clear
and convincing evidence.

(d) Evidence consisting of the results of any genetic test that is of a
type generally acknowledged as reliable by accreditation bodies desig-
nated by the secretary of social and rehabilitation services shall not be
inadmissible solely on the basis of being performed by a laboratory ap-
proved by such an accreditation body.

(e) Evidence of expenses incurred for pregnancy, childbirth and ge-
netic tests may be admitted as evidence without requiring third-party
foundation testimony and shall constitute prima facie evidence of amounts
incurred for such goods and services.

Sec. 65. K.S.A. 38-1131 is hereby amended to read as follows: 38-
1131. (a) After filing an action under the Kansas parentage act, The court,
without requiring bond, may make and enforce orders which:

(1) Restrain the parties from molesting or interfering with the privacy
or rights of each other;

(2) confirm the existing de facto custody of the child subject to fur-
ther order of the court;

(3) appoint an expert to conduct genetic tests for determination of
paternity as provided in K.S.A. 38-1118 and amendments thereto;

(4) order the mother and child and alleged father to contact the court
appointed expert and provide blood tissue samples for testing within 30
days after service of the order; or

(5) order the payment of temporary child support pursuant to sub-
section (c); or

(5) (6) the court deems necessary to carry the provisions of the Kansas
parentage act.

(b) (1) Interlocutory orders authorized by this section that relate to
genetic testing may be issued after ex parte hearing, if:

(A) The appointed expert shall be is a paternity laboratory accredited
by the American association of blood banks; and

(B) the order may does not require an adverse party to make advance
payment toward the cost of the test.

(2) If such ex parte orders are issued, and if an adverse party requests
modification thereof, the court will conduct a hearing within 10 days of
such request.

Ch. 182             1997 Session Laws of Kansas             1445

(c) After notice and hearing, the court shall enter an order for child
support during the pendency of the action as provided in this subsection.
The order shall be entered if the pleadings and the motion for temporary
support, if separate from the pleadings, indicate there is only one pre-
sumed father and if probable paternity by the presumed father is indi-
cated by clear and convincing evidence. For purposes of this subsection,
``clear and convincing evidence'' may be presented in any form, including,
but not limited to, an uncontested allegation in the pleadings, an uncon-
tested affidavit or an agreement between the parties. For purposes of this
subsection, ``clear and convincing evidence'' means:

(1) The presumed father does not deny paternity;

(2) the mother and the presumed father were married to each other,
regardless of whether the marriage was void or voidable, at any time
between 300 days before the child's birth and the child's birth;

(3) a voluntary acknowledgment of paternity was completed by the
mother and the presumed father more than 60 days before the motion
was filed and no request to revoke the voluntary acknowledgment has
been filed; or

(4) results of genetic tests show the probability of paternity by the
presumed father is equal to or greater than 97% and the report was re-
ceived more than 20 days before the motion was filed, unless written
notice of intent to challenge the validity of the report has been timely
given.

(c) (d) The provisions of this section are part of and supplemental to
the Kansas parentage act.

Sec. 66. K.S.A. 1996 Supp. 38-1137 is hereby amended to read as
follows: 38-1137. (a) There is hereby established in this state a hospital
based program for voluntary acknowledgment of paternity pursuant to
K.S.A. 65-2409a, and amendments thereto, for newborn children of un-
wed mothers. Birthing hospitals shall participate in the program. Other
hospitals and persons may participate in the program by agreement with
the secretary of social and rehabilitation services.

(b) The secretary of social and rehabilitation services shall provide
information and instructions to birthing hospitals for the hospital based
program for voluntary acknowledgment of paternity. The secretary of
social and rehabilitation services may adopt rules and regulations estab-
lishing procedures for birthing hospitals under the program.

(c) Subject to appropriations, the secretary of social and rehabilitation
services is authorized to establish in this state a physicians' office-based
program for voluntary acknowledgment of paternity pursuant to K.S.A.
65-2409a and amendments thereto for newborn children of unwed moth-
ers. The secretary shall provide information and instructions to physicians'
offices for the program and may adopt rules and regulations establishing
procedures for physicians' offices under the program.

1446             1997 Session Laws of Kansas             Ch. 182

(d) The secretary of health and environment shall provide services for
the voluntary acknowledgment of paternity, in appropriate circum-
stances, through the office of the state registrar. The secretary of health
and environment may adopt rules and regulations to carry out the
requirements of this section.

Sec. 67. K.S.A. 1996 Supp. 38-1138 is hereby amended to read as
follows: 38-1138. (a) The state registrar of vital statistics, in conjunction
with the secretary of social and rehabilitation services, shall review and,
as needed, revise acknowledgment of paternity forms for use under K.S.A.
38-1130 and 65-2409a, and amendments thereto. The acknowledgment
of paternity forms shall include or have attached a written description
pursuant to subsection (b) of the rights and responsibilities of acknowl-
edging paternity.

(b) A written description of the rights and responsibilities of acknowl-
edging paternity shall state the following:

(1) An acknowledgment of paternity creates a permanent father and
child relationship which can only be ended by court order. A person who
wants to revoke the acknowledgment of paternity must file the request
with the court before the child is one year old, unless the person was
under age 18 when the acknowledgment of paternity was signed. A person
under age 18 when the acknowledgment was signed has until one year
after his or her 18th birthday to file a request, but if the child is more
than one year old then, the judge will first consider the child's best inter-
ests.

The person will have to show that the acknowledgment was based on
fraud, duress (threat) or an important mistake of fact, unless the request
is filed within 60 days of signing the acknowledgment or before any court
hearing about the child, whichever is earlier;

(2) both the father and the mother are responsible for the care and
support of the child. If necessary, this duty may be enforced through legal
action such as a child support order, an order to pay birth or other medical
expenses of the child or an order to repay government assistance pay-
ments for the child's care. A parent's willful failure to support the parent's
child is a crime;

(3) both the father and the mother have rights of custody and visi-
tation with the child unless a court order changes their rights. If necessary,
custody and visitation rights may be spelled out in a court order and
enforced;

(4) both the father and the mother have the right to consent to med-
ical treatment for the child unless a court order changes those rights;

(5) the child may inherit from the father and the father's family or
from the mother and the mother's family. The child may receive public
benefits, including, but not limited to, social security or private benefits,

Ch. 182             1997 Session Laws of Kansas             1447

including, but not limited to, insurance or workers compensation because
of the father-child or mother-child relationship;

(6) the father or the mother may be entitled to claim the child as a
dependent for tax or other purposes. The father or the mother may inherit
from the child or the child's descendants; and

(7) each parent has the right to sign or not sign an acknowledgment
of paternity. Each parent has the right to talk with an attorney before
signing an acknowledgment of paternity. Each parent has the right to be
represented by an attorney in any legal action involving paternity or their
rights or duties as a parent. Usually each person is responsible for hiring
the person's own attorney.

(c) Any duty to disclose rights or responsibilities related to signing an
acknowledgment of paternity shall have been met by furnishing the writ-
ten disclosures of subsection (b). Any duty to disclose orally the rights or
responsibilities related to signing an acknowledgment of paternity may be
met by means of an audio recording of the disclosures of subsection (b).

(d) An acknowledgment of paternity completed without the written
disclosures of subsection (b) is not invalid solely for that reason and may
create a presumption of paternity pursuant to K.S.A. 38-1114 and amend-
ments thereto. Nothing in K.S.A. 1996 Supp. 38-1136 through 38-1138
and amendments thereto shall decrease the validity, force or effect of an
acknowledgment of paternity executed in this state prior to the effective
date of this act.

(e) Upon request, the state registrar of vital statistics shall provide a
certified copy of the acknowledgment of paternity to an office providing
IV-D program services.

Sec. 68. K.S.A. 39-702 is hereby amended to read as follows: 39-702.
The following words and phrases when used in this act shall, for the
purposes of this act, have the meanings respectively ascribed to them in
this section:

(a) ``Secretary'' means the secretary of social and rehabilitation serv-
ices.

(b) ``Applicants'' means all persons who, as individuals, or in whose
behalf requests are made of the secretary for aid or assistance.

(c) ``Social welfare service'' may include such functions as giving as-
sistance, the prevention of public dependency, and promoting the reha-
bilitation of dependent persons or those who are approaching public de-
pendency.

(d) ``Assistance'' includes such items or functions as the giving or pro-
viding of money, food stamps or coupons, food, clothing, shelter, medi-
cine or other materials, the giving of any service, including instructive or
scientific, and the providing of institutional care, which may be necessary
or helpful to the recipient in providing the necessities of life for the re-
cipient and the recipient's dependents. The definitions of social welfare

1448             1997 Session Laws of Kansas             Ch. 182

service and assistance in this section shall be deemed as partially descrip-
tive and not limiting.

(e) ``Aid to families with dependent children'' means financial assis-
tance with respect to or on behalf of a dependent child or dependent
children and includes financial assistance for any month to meet the needs
of the relative with whom any dependent child is living.

(f) ``Medical assistance'' means the payment of all or part of the cost
of necessary: (1) Medical, remedial, rehabilitative or preventive care and
services which are within the scope of services to be provided under a
medical care plan developed by the secretary pursuant to this act and
furnished by health care providers who have a current approved provider
agreement with the secretary, and (2) transportation to obtain care and
services which are within the scope of services to be provided under a
medical care plan developed by the secretary pursuant to this act.

(g) ``Dependent children'' means needy children under the age of 18,
or who are under the age of 19 and are full-time students in secondary
schools or the equivalent educational program or are full-time students
in a program of vocational or technical training if they may be reasonably
expected to complete the training before attaining age 19, who have been
deprived of parental or guardian support or care by reasons of the death,
continued absence from the home, or physical or mental incapacity of a
parent or guardian, and who are living with any blood relative, including
those of the half-blood, and including first cousins, uncles, aunts, and
persons of preceding generations are denoted by prefixes of grand, great,
or great-great, and including the spouses or former spouses of any persons
named in the above groups, in a place of residence maintained by one or
more of such relatives as their own home. The secretary may adopt rules
and regulations which extend the deprivation requirement under this def-
inition to include being deprived of parental or guardian support or care
by reason of the unemployment of a parent or guardian. The term ``de-
pendent children'' also includes children who would meet the foregoing
requirements except for their removal from the home of a relative as a
result of judicial determination to the effect that continuation therein
would be contrary to the welfare of such children, for whose placement
and care the secretary is responsible, who have been placed in a foster
family home or child care institution as a result of such determination
and who received aid to dependent children in or for the month in which
court proceedings leading to such determination were initiated, or would
have received such aid in or for such month if application had been made
therefor, or in the case of a child who had been living with a relative
specified above within six months prior to the month in which such pro-
ceedings were initiated, would have received such aid in or for such
month if in such month such child had been living with and removed
from the home of such a relative and application had been made therefor.

(h) ``The blind'' means not only those who are totally and permanently

Ch. 182             1997 Session Laws of Kansas             1449

devoid of vision, but also those persons whose vision is so defective as to
prevent the performance of ordinary activities for which eyesight is es-
sential.

(i) ``General assistance'' means financial assistance in which the cost
of such financial assistance is not participated in by the federal govern-
ment. General assistance may be limited to transitional assistance in some
instances as specified by rules and regulations adopted by the secretary.

(j) ``Recipient'' means a person who has received assistance under the
terms of this act.

(k) ``Intake office'' means the place where the secretary shall maintain
an office for receiving applications.

(l) ``Adequate consideration'' means consideration equal, or reason-
ably proportioned to the value of that for which it is given.

(m) ``Transitional assistance'' means a form of general assistance in
which as little financial assistance as one payment may be made during
each period of 12 consecutive calendar months to an eligible and needy
person and all other persons for whom such person is legally responsible.

(n) ``Title IV-D'' means part D of title IV of the federal social security
act (42 U.S.C. (section) 651, et seq.), or acts amendatory thereof or supplemental
thereto as in effect on May 1, 1997.

Sec. 69. K.S.A. 39-753 is hereby amended to read as follows: 39-753.
For the purpose of providing support collection, parent locator and pa-
ternity determination services title IV-D child support enforcement serv-
ices, the secretary of social and rehabilitation services shall:

(a) Enter into contracts or agreements necessary to administer this
act title IV-D services.

(b) Maintain and operate a central registry, within the organizational
unit of the department of social and rehabilitation services responsible
for providing child support services, for the location of absent parents.

(c) Develop guidelines for coordinating activities of any governmental
department, board, commission, bureau or agency in providing infor-
mation necessary for the location of absent parents.

(d) Coordinate any activity on a state level in searching for an absent
parent.

(e) Assist in the location of an absent any parent or any other person
who has an obligation to support the child of the resident parent as re-
quired or permitted under title IV-D.

(f) Initiate and maintain legal actions necessary to implement the pro-
visions of this act requirements of title IV-D.

(g) Assist in establishing paternity and in securing and enforcing court
orders for support in title IV-D cases.

(h) Utilize, in appropriate cases, support enforcement and collection
and location services available through the federal department of health,
education and welfare and human services, including but not limited to

1450             1997 Session Laws of Kansas             Ch. 182

the services of federal courts, the federal parent locator services and the
treasury department, if authorized or required by federal law.

(i) Accept, on behalf of the state, assignment of support rights owed
to persons applying for or receiving aid to families with dependent chil-
dren pursuant to K.S.A. 39-709 or 39-756 and amendments thereto.

(j) Adopt rules and regulations necessary to carry out the provisions
of this act provide title IV-D services and to enable the state to meet
requirements set forth in part D of title IV of the federal social security
act (42 U.S.C. (section) 651,et seq.), or acts amendatory thereof or supplemental
thereto, or federal regulations promulgated pursuant to part D of such
act, or acts amendatory thereof or supplemental thereto title IV-D.

(k) Maintain and operate an automated system to manage title IV-D
information and to perform such activities as may be required or per-
mitted by title IV-D. The automated system shall include a registry, to be
known as the ``state case registry,'' that contains such records with respect
to each title IV-D case as may be required by title IV-D.

Sec. 70. K.S.A. 39-758 is hereby amended to read as follows: 39-758.
(a) State, county and local units of government, their officers and em-
ployees, shall cooperate with the secretary of social and rehabilitation
services in locating absent parents or their assets and shall on request
supply the secretary of social and rehabilitation services with available
information about an absent parent or the absent parent's assets including
but not limited to the location, employment status, income, date of birth
and social security number of an the absent parent including or any in-
formation concerning medical or health insurance coverage for depen-
dents.

(b) Upon written request, federal and state agencies conducting lo-
cator activities under title IV-D shall be eligible to receive information
leading to the location of an individual if the information is contained
within any system used by this state to locate an individual for purposes
relating to motor vehicles or law enforcement.

(b) (c) Information received by the secretary of social and rehabili-
tation services under this section shall be available upon request to per-
sons authorized to receive such information in accordance with rules and
regulations duly adopted by the secretary of social and rehabilitation serv-
ices.

Any person receiving such information shall be subject to the provisions
of K.S.A. 39-759 and amendments thereto. Information of the department
of revenue shall be subject to the limitations of K.S.A. 79-3234, and
amendments thereto.

(d) Any person or entity providing access to information pursuant to
this section, including but not limited to access by automated processes,
shall not be liable to any person for good faith actions in providing the

Ch. 182             1997 Session Laws of Kansas             1451

access or information. The provisions of this subsection shall not apply to
information of the department of revenue.

(e) Notwithstanding any prohibition to the contrary which may apply
to information of the department of revenue, the secretary may enter into
an agreement with any agency or official in this state to permit the sec-
retary and the secretary's designees access to information for the purposes
of this section. Such an agreement shall not be construed to be a contract
for the performance of support enforcement services pursuant to K.S.A.
75-5365 and amendments thereto.

Sec. 71. K.S.A. 39-759 is hereby amended to read as follows: 39-759.
(a) Any With respect to information obtained by the secretary under
K.S.A. 39-758 or sections 3, 12 and 19 and amendments thereto, any
person who willfully requests, obtains or seeks to obtain any confidential
information available under K.S.A. 39-758 under false pretenses or who
willfully communicates or seeks to communicate such information to any
person except in accordance with the provisions of this act and rules and
regulations adopted pursuant thereto any law permitting such disclosure
shall be guilty of a class B nonperson misdemeanor. With respect to in-
formation obtained by the secretary under K.S.A. 39-758 or sections 3,
12 and 19, and amendments thereto, any person who willfully requests,
obtains or seeks to obtain confidential information under false pretenses
or who willfully communicates or seeks to communicate such information
to any person except in accordance with any law permitting such disclo-
sure shall be guilty of a severity level 10, nonperson felony. If the offender
is an officer or employee of the state or a political subdivision of the state,
such officer or employee shall be dismissed from office. If the offender's
supervisor does not dismiss the offender, such supervisor shall be dis-
missed from office. Any violation of this subsection by a IV-D contractor
or an agent of a IV-D contractor shall be grounds for termination of the
IV-D contract and the contract shall be terminated. The provisions of this
subsection shall be a complete defense in any civil action concerning such
dismissal, termination of the IV-D contract or termination of a contrac-
tor's relationship with an individual offender. When the individual is
hired as an officer or employee of the state or a political subdivision or
hired by a IV-D contractor, such individual shall be given verbal and
written notice of the provisions of this subsection. Such individual shall
sign a statement stating that such information was received.

(b) Effective October 1, 1997, the secretary shall safeguard, to the
extent required by title IV-D or any other provision of law, any confiden-
tial information handled by the secretary. Unauthorized use or disclosure
of information relating to proceedings or actions to establish paternity or
to establish or enforce a support obligation is prohibited, except that noth-
ing in this provision shall prevent the secretary or the secretary's desig-
nees from using or disclosing information, or authorizing use or disclosure

1452             1997 Session Laws of Kansas             Ch. 182

of information, as needed in the administration of the IV-D program or
as authorized by title IV-D.

The release of information concerning the location of one party to an-
other party against whom a protective order with respect to the former
party has been entered is prohibited. The release of information concern-
ing the location of one party to another party is prohibited if the secretary
has reason to believe that the release of such information may result in
physical or emotional harm to the former party. For purposes of this
subsection, ``has reason to believe'' means that the former party has
claimed good cause for refusing to cooperate in IV-D activities, so long
as the claim is pending or has been approved. Such good cause shall relate
to one of the following: (1) The child was conceived as a result of incest
or rape; (2) there are legal proceedings for adoption of the child pending
before a court; (3) the custodial parent is currently being assisted by a
public or licensed private social agency in determining whether to keep
the child or relinquish the child for adoption; (4) there is documented
evidence to support the claim that the child may be physically or emo-
tionally harmed; or (5) there is documented evidence to support the claim
that the custodial parent may be physically or emotionally harmed so
seriously as to reduce the capacity to adequately care for the child.

(c) The provisions of this section shall be in addition to any other
prohibition against further disclosure, remedy or sanction provided by
law.

Sec. 72. K.S.A. 44-514 is hereby amended to read as follows: 44-514.
(a) Except as provided in subsection (b), K.S.A 23-4,146 or the income
withholding act and amendments thereto, no claim for compensation, or
compensation agreed upon, awarded, adjudged, or paid, shall be assign-
able or subject to levy, execution, attachment, garnishment, or any other
remedy or procedure for the recovery or collection of a debt, and this
exemption cannot be waived.

(b) Claims for compensation, or compensation agreed upon, ad-
judged or paid, which are paid to a worker on a weekly basis or by lump
sum shall be subject to enforcement of an order for support by means of
voluntary or involuntary assignment of a portion of the compensation.

(1) Any involuntary assignment shall be obtained by motion filed
within the case which is the basis of the existing order of support.

(A) Any motion seeking an involuntary assignment of compensation
shall be served on the claimant and the claimant's counsel to the workers
compensation claim, if known, the motion shall set forth:

(i) The amount of the current support order to be enforced;

(ii) the amount of any arrearage alleged to be owed under the support
order;

(iii) the identity of the payer of the compensation to the claimant, if
known; and

Ch. 182             1997 Session Laws of Kansas             1453

(iv) whether the assignment requested seeks to attach compensation
for current support or arrearages or both.

(B) Motions for involuntary assignments of compensation shall be
granted. The relief granted for:

(i) Current support shall be collectible from benefits paid on a weekly
basis but shall not exceed 25% of the workers gross weekly compensation
excluding any medical compensation and rehabilitation costs paid directly
to providers.

(ii) Past due support shall be collectible from lump-sum settlements,
judgments or awards but shall not exceed 40% of a lump sum, excluding
any medical compensation and rehabilitation costs paid directly to pro-
viders.

(2) In any proceeding under this subsection, the court may also con-
sider the modification of the existing support order upon proper notice
to the other interested parties.

(3) Any order of involuntary assignment of compensation shall be
served upon the payer of compensation and shall set forth the:

(A) Amount of the current support order;

(B) amount of the arrearage owed, if any;

(C) applicable percentage limitations;

(D) name and address of the payee to whom assigned sums shall be
disbursed by the payer; and

(E) date the assignment is to take effect and the conditions for ter-
mination of the assignment.

(4) For the purposes of this section, ``order for support'' means any
order of any Kansas court, authorized by law to issue such an order, which
provides for the payment of funds for the support of a child or for main-
tenance of a spouse or ex-spouse, and includes such an order which pro-
vides for payment of an arrearage accrued under a previously existing
order and reimbursement orders, including but not limited to, an order
established pursuant to K.S.A. 39-718a and amendments thereto; K.S.A.
39-718b and amendments thereto; or an order established pursuant to
K.S.A. 23-451et seq., the uniform interstate family support act and
amendments thereto.

(5) For all purposes under this section, each obligation to pay child
support or order for child support shall be satisfied prior to satisfaction
of any obligation to pay or order for maintenance of a spouse or ex-spouse.

Sec. 73. K.S.A. 60-2202 is hereby amended to read as follows: 60-
2202. (a) Any judgment rendered in this state by a court of the United
States or by a district court of this state in an action commenced under
chapter 60 of the Kansas Statutes Annotated shall be a lien on the real
estate of the judgment debtor within the county in which judgment is
rendered. Except as provided in subsection (c), the lien shall be effective
from the time at which the petition stating the claim against the judgment

1454             1997 Session Laws of Kansas             Ch. 182

debtor was filed but not to exceed four months prior to the entry of the
judgment. An attested copy of the journal entry of the judgment, together
with a statement of the costs taxed against the judgment debtor in the
case, may be filed in the office of the clerk of the district court of any
other county upon payment of the fee prescribed by K.S.A. 28-170 and
amendments thereto, and the judgment shall become a lien on the real
estate of the debtor within that county from the date of filing the copy.
The clerk shall enter the judgment on the appearance docket and index
it in the same manner as if rendered in the court in which the clerk serves.
Executions shall be issued only from the court in which the judgment is
rendered.

(b) Any judgment rendered by a district court of this state in an action
commenced under chapter 61 of the Kansas Statutes Annotated shall
become a lien on the real property of the judgment debtor when the
party in whose favor the judgment was rendered pays the fee prescribed
by K.S.A. 28-170 and amendments thereto and the clerk of the district
court enters the judgment in the appearance docket. The lien shall be-
come a lien only upon the debtor's real property that is located in the
county in which the filing is made, but a filing may be made in any county
in which real property of the judgment debtor is located. Upon the filing
of a journal entry of judgment and payment of the fee as provided in this
section, the clerk of the district court shall enter it in the appearance
docket. The lien shall cease to be a lien on the real property of the judg-
ment debtor at the time provided in article 24 of this chapter.

(c) Notwithstanding the foregoing provisions of this section, the filing
of a petition or other pleadings against an employee of the state or a
municipality which alleges a negligent or wrongful act or omission of the
employee while acting within the scope of the employee's employment
shall create no lien rights as against the property of the employee prior
to judgment, regardless of whether or not it is alleged in the alternative
that the employee was acting outside the scope of the employee's em-
ployment. A judgment against an employee shall become a lien upon the
employee's property when the judgment is rendered only if it is found
that (1) the employee's negligent or wrongful act or omission occurred
when the employee was acting outside the scope of the employee's em-
ployment or (2) the employee's conduct which gave rise to the judgment
was because of actual fraud or actual malice of the employee; in those
cases the lien shall not be effective prior to the date judgment is rendered.
As used in this subsection, ``employee'' has the meaning provided by
K.S.A. 75-6102 and amendments thereto.

(d) If unpaid arrearages accrued under a support order rendered in
another state give rise to a lien on real property in the state where ren-
dered, such arrearages shall become a lien on the real property of the
obligor as of the date the clerk of the court in this state enters the order
in the appearance docket. The clerk of the court shall enter the order in

Ch. 182             1997 Session Laws of Kansas             1455

the appearance docket upon receiving payment of the fee prescribed by
K.S.A. 28-170 and amendments thereto; a sworn statement that the ob-
ligor was provided at least 30 days' prior written notice that the lien would
be filed in this state, that the obligor was provided an opportunity for
hearing concerning the proposed filing and that no hearing was timely
requested or the decision therein allows the lien to be filed; a sworn state-
ment of the amount of the lien; and a legible copy of the support order
or, in a title IV-D case, a notice of lien that describes the support order.
The lien shall become a lien only upon the obligor's real property that is
located in the county in which the filing is made, but a filing may be made
in any county in which real property of the obligor is located. The lien
shall cease to be a lien on the real property of the obligor at the time
provided in article 24 of this chapter. As used in this section, ``title IV-D
case'' means a case being administered pursuant to part D of title IV of
the federal social security act (42 U.S.C. (section) 651 et seq.) and amendments
thereto. Any person filing the documents required by this subsection shall
be deemed to have submitted to the jurisdiction of the courts of this state
with respect to any action in this state to determine the validity of the
lien or the lien's attachment to any real property.

(e) A person named as the debtor in a notice of lien filed pursuant to
subsection (d) based upon a support order issued in another state, or a
person whose interest in real estate is affected by the filing of such a notice
of lien may file a petition pursuant to chapter 60 of the Kansas Statutes
Annotated, and amendments thereto, with the district court where the
notice of lien was filed. The petitioner shall notify the person who filed
the notice of lien that a hearing to contest the validity of the lien or the
lien's attachment to the petitioner's property will be held no less than 30
days after the date of mailing or personal service of the notice.

Sec. 74. K.S.A. 60-2401 is hereby amended to read as follows: 60-
2401. (a) Definitions. A general execution is a direction to an officer to
seize any nonexempt property of a judgment debtor and cause it to be
sold in satisfaction of the judgment. A special execution or order of sale
is a direction to an officer to effect some action with regard to specified
property as the court determines necessary in adjudicating the rights of
parties to an action. Notwithstanding the provisions of K.S.A. 60-706, and
amendments thereto, executions served under this section shall be by
personal service and not by certified mail return receipt requested. If
personal service cannot be obtained, other forms of service of process are
hereby authorized.

(b) By whom issued. Executions and orders of sale shall be issued by
the clerk at the request of any interested person and directed to the
appropriate officers of the counties where they are to be levied.

To the extent authorized by section 21 and amendments thereto, the
secretary of social and rehabilitation services may issue an order of exe-

1456             1997 Session Laws of Kansas             Ch. 182

cution, which shall be directed to the appropriate officer of the county
where the execution is to be levied. The secretary shall deliver the exe-
cution to the appropriate officer, and a copy of the execution shall be filed
with the clerk of the district court where the support order was entered
or registered. The execution shall thereafter be treated in all respects as
though it had been issued at the request of the secretary by the clerk of
court where the support order was entered or registered.

(c) When returnable. The officer to whom any execution or order of
sale is directed shall return it to the court from which it is issued within
60 days from the date thereof. If the execution was issued by the secretary
of social and rehabilitation services, the return shall be made to the court
where the underlying support order was entered or registered.

(d) Manner of levy. Except as provided in subsection (a), a general
execution shall be levied upon any real or personal nonexempt property
of the judgment debtor in the manner provided for the service and exe-
cution of orders of attachment under K.S.A. 60-706 through 60-710, and
amendments thereto. Oil and gas leaseholds, for the purposes of this
article, shall be treated as real property. Special executions or orders of
sale shall be levied and executed as the court determines.

Sec. 75. K.S.A. 1996 Supp. 74-146 is hereby amended to read as
follows: 74-146. (a) As used in K.S.A. 1996 Supp. 74-146 and 74-147 and
amendments thereto:

(1) ``Licensing body'' means an official, agency, board or other entity
of the state which authorizes individuals to practice a profession in this
state and issues a license, certificate, permit or other authorization to an
individual so authorized; and

(2) ``licensee'' means an individual who is or may be authorized to
practice a profession in this state.

(b) All licensing bodies of this state shall have or adopt procedures
for the suspension, termination, nonrenewal or denial of a licensee's au-
thority to practice a profession in this state if the licensee has been found
in contempt of court pursuant to subsection (f) of K.S.A. 20-1204a and
amendments thereto and the licensing body has received receives notice
pursuant to K.S.A. 1996 Supp. 74-147 and amendments thereto.

Sec. 76. K.S.A. 1996 Supp. 74-147 is hereby amended to read as
follows: 74-147. (a) The Any notice to a licensing body, served pursuant
to K.S.A. 20-1204a and amendments thereto, shall have attached a copy
of the court order finding the licensee in contempt of court in a child
support proceeding. Any notice to a licensing body served pursuant to
section 2 and amendments thereto shall have attached a copy of the war-
rant or subpoena outstanding against the licensee. The notice shall advise
the licensing body of the duty to comply with K.S.A. 1996 Supp. 74-146
and 74-147 and amendments thereto; shall provide the name of the li-
censee and information which will assist the licensing body to identify the

Ch. 182             1997 Session Laws of Kansas             1457

correct person; and shall provide the name, mailing address and tele-
phone number of the person serving the notice. If inadequate identifying
information is included in the notice, the licensing body shall promptly
contact the person serving the notice to request additional information.

(b) If a licensing body receives a notice pursuant to subsection (a),
the licensing body shall, within 30 days after receiving the notice, notify
the licensee of the licensing body's intent to suspend or to withhold is-
suance or renewal of the licensee's authorization to practice a profession
in this state and of the licensee's rights and duties under this section. If
the licensing body does not receive sufficient information with the notice
to identify the correct licensee, the 30 days shall commence when suffi-
cient identifying information is received.

(c) If the licensing body receives a notice pursuant to subsection (a),
the licensing body shall provide the licensee a temporary license, author-
izing the individual to practice a profession in this state, if the licensee is
otherwise eligible. The temporary license shall be valid for a period of six
months from the date the notice to the licensee pursuant to subsection
(b) was issued. A temporary license issued under this section shall not be
extended, except that the licensing body may extend the temporary li-
cense up to 30 days to prevent extreme hardship for a person being served
by the licensee. If the licensee does not furnish a release pursuant to
subsection (c) within the time required by the licensing body, the licens-
ing body shall proceed to suspend, terminate, deny or refuse to renew
the licensee's authority to practice a profession in this state.

(d) If an authorization to practice a profession in this state is sus-
pended, denied or not renewed pursuant to this section, any funds paid
by the licensee shall not be refunded by the licensing body.

(e) If a temporary license has been issued pursuant to subsection (c),
the licensee shall obtain a release from the court which found the licensee
in contempt of court that authorized the notice to the licensing body, as
a condition for the issuance or renewal of the licensee's authorization to
practice a profession in this state. The licensing body may impose other
conditions. The licensing body may require the licensee to furnish the
release before the temporary license expires.

(f) In any review of the licensing body's actions pursuant to K.S.A.
1996 Supp. 74-146 and 74-147 and amendments thereto, conducted by
the licensing body at the request of the licensee, the issues shall be limited
to the identity of the licensee, and the validity of notices pursuant to this
section and the validity of any additional conditions imposed by the li-
censing body if such conditions are otherwise subject to review. As be-
tween The licensing body and the court which found the licensee in con-
tempt of court, the court shall have exclusive no jurisdiction over all issues
related to the support obligation of the licensee.

Sec. 77. K.S.A. 75-3306 is hereby amended to read as follows: 75-

1458             1997 Session Laws of Kansas             Ch. 182

3306. (a) The secretary of social and rehabilitation services, except as set
forth in the Kansas administrative procedure act and subsections (f), (g),
(h) and (i), shall provide a fair hearing for any person who is an applicant,
client, inmate, other interested person or taxpayer who appeals from the
decision or final action of any agent or employee of the secretary. The
hearing shall be conducted in accordance with the provisions of the Kan-
sas administrative procedure act.

It shall be the duty of the secretary of social and rehabilitation services
to have available in all intake offices, during all office hours, forms for
filing complaints for hearings, and appeal forms with which to appeal from
the decision of the agent or employee of the secretary. The forms shall
be prescribed by the secretary of social and rehabilitation services and
shall have printed on or as a part of them the basic procedure for hearings
and appeals prescribed by state law and the secretary of social and re-
habilitation services.

(b) The secretary of social and rehabilitation services shall have au-
thority to investigate (1) any claims and vouchers and persons or busi-
nesses who provide services to the secretary of social and rehabilitation
services or to welfare recipients, (2) the eligibility of persons to receive
assistance and (3) the eligibility of providers of services.

(c) The secretary of social and rehabilitation services shall have au-
thority, when conducting investigations as provided for in this section, to
issue subpoenas; compel the attendance of witnesses at the place desig-
nated in this state; compel the production of any records, books, papers
or other documents considered necessary; administer oaths; take testi-
mony; and render decisions. If a person refuses to comply with any sub-
poena issued under this section or to testify to any matter regarding which
the person may lawfully be questioned, the district court of any county,
on application of the secretary, may issue an order requiring the person
to comply with the subpoena and to testify, and any failure to obey the
order of the court may be punished by the court as a contempt of court.
Unless incapacitated, the person placing a claim or defending a privilege
before the secretary shall appear in person or by authorized representa-
tive and may not be excused from answering questions and supplying
information, except in accordance with the person's constitutional rights
and lawful privileges.

(d) The presiding officer may close any portion of a hearing con-
ducted under the Kansas administrative procedure act when matters
made confidential, pursuant to federal or state law or regulation are under
consideration.

(e) Except as provided in subsection (d) of K.S.A. 77-511 and amend-
ments thereto and notwithstanding the other provisions of the Kansas
administrative procedure act, the secretary may enforce any order prior
to the disposition of a person's application for an adjudicative proceeding

Ch. 182             1997 Session Laws of Kansas             1459

unless prohibited from such action by federal or state statute, regulation
or court order.

(f) Decisions Except as provided in this subsection, decisions and final
actions relating to the administration of the support enforcement program
set forth in K.S.A. 39-753 et seq. and amendments thereto except for
federal debt set-off activities shall be exempt from the provisions of the
Kansas administrative procedure act and subsection (a). Decisions and
final actions relating to the support enforcement program may be re-
viewed pursuant to this section if the decision or final action relates di-
rectly to federal debt set-off activities or the person is specifically permit-
ted by statute to request a fair hearing under this section.

(g) Decisions relating to administrative disqualification hearings shall
be exempt from the provisions of the Kansas administrative procedure
act and subsection (a).

(h) The department of social and rehabilitation services shall not have
jurisdiction to determine the facial validity of a state or federal statute.
The administrative hearings section of the department of social and re-
habilitation services shall not have jurisdiction to determine the facial
validity of an agency rule and regulation.

(i) The department of social and rehabilitation services shall not be
required to provide a hearing if: (1) The department of social and reha-
bilitation services lacks jurisdiction of the subject matter; (2) resolution
of the matter does not require the department of social and rehabilitation
services to issue an order that determines the applicant's legal rights,
duties, privileges, immunities or other legal interests; (3) the matter was
not timely submitted to the department of social and rehabilitation serv-
ices pursuant to regulation or other provision of law; or (4) the matter
was not submitted in a form substantially complying with any applicable
provision of law.

Sec. 78. K.S.A. 1996 Supp. 79-3234 is hereby amended to read as
follows: 79-3234. (a) All reports and returns required by this act shall be
preserved for three years and thereafter until the director orders them
to be destroyed.

(b) Except in accordance with proper judicial order, or as provided
in subsection (c) or in K.S.A. 17-7511, subsection (g) of K.S.A. 46-1106,
K.S.A. 46-1114, or K.S.A. 79-32,153a, and amendments thereto, it shall
be unlawful for the director, any deputy, agent, clerk or other officer,
employee or former employee of the department of revenue or any other
state officer or employee or former state officer or employee to divulge,
or to make known in any way, the amount of income or any particulars
set forth or disclosed in any report, return, federal return or federal return
information required under this act; and it shall be unlawful for the di-
rector, any deputy, agent, clerk or other officer or employee engaged in
the administration of this act to engage in the business or profession of

1460             1997 Session Laws of Kansas             Ch. 182

tax accounting or to accept employment, with or without consideration,
from any person, firm or corporation for the purpose, directly or indi-
rectly, of preparing tax returns or reports required by the laws of the state
of Kansas, by any other state or by the United States government, or to
accept any employment for the purpose of advising, preparing material
or data, or the auditing of books or records to be used in an effort to
defeat or cancel any tax or part thereof that has been assessed by the
state of Kansas, any other state or by the United States government.

(c) Nothing herein shall be construed to prohibit the publication of
statistics, so classified as to prevent the identification of particular reports
or returns and the items thereof, or the inspection of returns by the
attorney general or other legal representatives of the state. Nothing in
this section shall prohibit the post auditor from access to all income tax
reports or returns in accordance with and subject to the provisions of
subsection (g) of K.S.A. 46-1106 or K.S.A. 46-1114, and amendments
thereto. Nothing in this section shall be construed to prohibit the disclo-
sure of the taxpayer's name, social security number, last known address
and total tax liability, including penalty and interest, from income tax
returns to a debt collection agency contracting with the secretary of rev-
enue pursuant to K.S.A. 75-5140 through 75-5143, and amendments
thereto. Nothing in this section shall be construed to prohibit the disclo-
sure of job creation and investment information derived from tax sched-
ules required to be filed under the Kansas income tax act to the secretary
of commerce. Nothing in this section shall be construed to prohibit the
disclosure of the taxpayer's name, last known address and residency status
to the department of wildlife and parks to be used solely in its license
fraud investigations. Nothing in this section shall prohibit the disclosure
of the name, residence address, employer or Kansas adjusted gross income
of a taxpayer who may have a duty of support in a title IV-D case to the
secretary of the Kansas department of social and rehabilitation services
for use solely in administrative or judicial proceedings to establish, modify
or enforce such support obligation in a title IV-D case. In addition to any
other limits on use, such use shall be allowed only where subject to a
protective order which prohibits disclosure outside of the title IV-D pro-
ceeding. As used in this section, ``title IV-D case'' means a case being
administered pursuant to part D of title IV of the federal social security
act (42 U.S.C. (section) 651 et seq.) and amendments thereto. Any person re-
ceiving any information under the provisions of this subsection shall be
subject to the confidentiality provisions of subsection (b) and to the pen-
alty provisions of subsection (d).

(d) Any violation of subsection (b) or (c) is a class B misdemeanor
and, if the offender is an officer or employee of the state, such officer or
employee shall be dismissed from office.

(e) Notwithstanding the provisions of this section, the secretary of
revenue may permit the commissioner of internal revenue of the United

Ch. 182             1997 Session Laws of Kansas             1461

States, or the proper official of any state imposing an income tax, or the
authorized representative of either, to inspect the income tax returns
made under this act and the secretary of revenue may make available or
furnish to the taxing officials of any other state or the commissioner of
internal revenue of the United States or other taxing officials of the fed-
eral government, or their authorized representatives, information con-
tained in income tax reports or returns or any audit thereof or the report
of any investigation made with respect thereto, filed pursuant to the in-
come tax laws, as the secretary may consider proper, but such information
shall not be used for any other purpose than that of the administration
of tax laws of such state, the state of Kansas or of the United States.

(f) Notwithstanding the provisions of this section, the secretary of
revenue may:

(1) Communicate to the executive director of the Kansas lottery in-
formation as to whether a person, partnership or corporation is current
in the filing of all applicable tax returns and in the payment of all taxes,
interest and penalties to the state of Kansas, excluding items under formal
appeal, for the purpose of determining whether such person, partnership
or corporation is eligible to be selected as a lottery retailer;

(2) communicate to the executive director of the Kansas racing com-
mission as to whether a person, partnership or corporation has failed to
meet any tax obligation to the state of Kansas for the purpose of deter-
mining whether such person, partnership or corporation is eligible for a
facility owner license or facility manager license pursuant to the Kansas
parimutuel racing act; and

(3) provide such information to the president of Kansas, Inc. as re-
quired by K.S.A. 1996 Supp. 74-8017, and amendments thereto. The
president and any employees or former employees of Kansas, Inc. re-
ceiving any such information shall be subject to the confidentiality pro-
visions of subsection (b) and to the penalty provisions of subsection (d).

(g) Nothing in this section shall be construed to allow disclosure of
the amount of income or any particulars set forth or disclosed in any
report, return, federal return or federal return information, where such
disclosure is prohibited by the federal internal revenue code as in effect
on September 1, 1996, and amendments thereto, related federal internal
revenue rules or regulations, or other federal law.

Sec. 79. K.S.A. 1996 Supp. 44-710 is hereby amended to read as
follows: 44-710. (a) Payment. Contributions shall accrue and become pay-
able by each contributing employer for each calendar year in which the
contributing employer is subject to the employment security law with
respect to wages paid for employment. Such contributions shall become
due and be paid by each contributing employer to the secretary for the
employment security fund in accordance with such rules and regulations
as the secretary may adopt and shall not be deducted, in whole or in part,

1462             1997 Session Laws of Kansas             Ch. 182

from the wages of individuals in such employer's employ. In the payment
of any contributions, a fractional part of $.01 shall be disregarded unless
it amounts to $.005 or more, in which case it shall be increased to $.01.
Should contributions for any calendar quarter be less than $1, no payment
shall be required.

(b) Rates and base of contributions. (1) Except as provided in para-
graph (2) of this subsection, each contributing employer shall pay contri-
butions on wages paid by the contributing employer during each calendar
year with respect to employment as provided in K.S.A. 44-710a and
amendments thereto.

(2) (A) If the congress of the United States either amends or repeals
the Wagner-Peyser act, the federal unemployment tax act, the federal
social security act, or subtitle C of chapter 23 of the federal internal
revenue code of 1986, or any act or acts supplemental to or in lieu thereof,
or any part or parts of any such law, or if any such law, or any part or
parts thereof, are held invalid with the effect that appropriations of funds
by congress and grants thereof to the state of Kansas for the payment of
costs of administration of the employment security law are no longer
available for such purposes, or (B) if employers in Kansas subject to the
payment of tax under the federal unemployment tax act are granted full
credit against such tax for contributions or taxes paid to the secretary of
human resources, then, and in either such case, beginning with the year
in which the unavailability of federal appropriations and grants for such
purpose occurs or in which such change in liability for payment of such
federal tax occurs and for each year thereafter, the rate of contributions
of each contributing employer shall be equal to the total of .5% and the
rate of contributions as determined for such contributing employer under
K.S.A. 44-710a and amendments thereto. The amount of contributions
which each contributing employer becomes liable to pay under this par-
agraph (2) over the amount of contributions which such contributing em-
ployer would be otherwise liable to pay shall be credited to the employ-
ment security administration fund to be disbursed and paid out under the
same conditions and for the same purposes as other moneys are author-
ized to be paid from the employment security administration fund, except
that, if the secretary determines that as of the first day of January of any
year there is an excess in the employment security administration fund
over the amount required to be disbursed during such year, an amount
equal to such excess as determined by the secretary shall be transferred
to the employment security fund.

(c) Charging of benefit payments. (1) The secretary shall maintain a
separate account for each contributing employer, and shall credit the
contributing employer's account with all the contributions paid on the
contributing employer's own behalf. Nothing in the employment security
law shall be construed to grant any employer or individuals in such em-
ployer's service prior claims or rights to the amounts paid by such em-

Ch. 182             1997 Session Laws of Kansas             1463

ployer into the employment security fund either on such employer's own
behalf or on behalf of such individuals. Benefits paid shall be charged
against the accounts of each base period employer in the proportion that
the base period wages paid to an eligible individual by each such employer
bears to the total wages in the base period. Benefits shall be charged to
contributing employers' accounts and rated governmental employers' ac-
counts upon the basis of benefits paid during each twelve-month period
ending on the computation date.

(2) (A) Benefits paid in benefit years established by valid new claims
shall not be charged to the account of a contributing employer or rated
governmental employer who is a base period employer if the examiner
finds that claimant was separated from the claimant's most recent em-
ployment with such employer under any of the following conditions: (i)
Discharged for misconduct or gross misconduct connected with the in-
dividual's work; or (ii) leaving work voluntarily without good cause attrib-
utable to the claimant's work or the employer.

(B) Where base period wage credits of a contributing employer or
rated governmental employer represent part-time employment and the
claimant continues in that part-time employment with that employer dur-
ing the period for which benefits are paid, then that employer's account
shall not be charged with any part of the benefits paid if the employer
provides the secretary with information as required by rules and regula-
tions. For the purposes of this subsection (c)(2)(B), ``part-time employ-
ment'' means any employment when an individual works concurrently for
two or more employers and also works less than full-time for at least one
of those employers because the individual's services are not required for
the customary, scheduled full-time hours prevailing at the work place or
the individual does not customarily work the regularly scheduled full-time
hours due to personal choice or circumstances.

(C) No contributing employer or rated governmental employer's ac-
count shall be charged with any extended benefits paid in accordance
with the employment security law, except for weeks of unemployment
beginning after December 31, 1978, all contributing governmental em-
ployers and governmental rated employers shall be charged an amount
equal to all extended benefits paid.

(D) No contributing employer or rated governmental employer's ac-
count will be charged for benefits paid a claimant while pursuing an ap-
proved training course as defined in subsection (s) of K.S.A. 44-703 and
amendments thereto.

(E) No contributing employer or rated governmental employer's ac-
count shall be charged with respect to the benefits paid to any individual
whose base period wages include wages for services not covered by the
employment security law prior to January 1, 1978, to the extent that the
employment security fund is reimbursed for such benefits pursuant to
section 121 of public law 94-566 (90 Stat. 2673).

1464             1997 Session Laws of Kansas             Ch. 182

(F) With respect to weeks of unemployment beginning after Decem-
ber 31, 1977, wages for insured work shall include wages paid for previ-
ously uncovered services. For the purposes of this subsection (c)(2)(F),
the term ``previously uncovered services'' means services which were not
covered employment, at any time during the one-year period ending
December 31, 1975, except to the extent that assistance under title II of
the federal emergency jobs and unemployment assistance act of 1974 was
paid on the basis of such services, and which:

(i) Are agricultural labor as defined in subsection (w) of K.S.A. 44-
703 and amendments thereto or domestic service as defined in subsection
(aa) of K.S.A. 44-703 and amendments thereto, or

(ii) are services performed by an employee of this state or a political
subdivision thereof, as provided in subsection (i)(3)(E) of K.S.A. 44-703
and amendments thereto, or

(iii) are services performed by an employee of a nonprofit educational
institution which is not an institution of higher education.

(3) The examiner shall notify any base period employer whose ac-
count will be charged with benefits paid following the filing of a valid
new claim and a determination by the examiner based on all information
relating to the claim contained in the records of the division of employ-
ment. Such notice shall become final and benefits charged to the base
period employer's account in accordance with the claim unless within 10
calendar days from the date the notice was mailed, the base period em-
ployer requests in writing that the examiner reconsider the determination
and furnishes any required information in accordance with the secretary's
rules and regulations. In a similar manner, a notice of an additional claim
followed by the first payment of benefits with respect to the benefit year,
filed by an individual during a benefit year after a period in such year
during which such individual was employed, shall be given to any base
period employer of the individual who has requested such a notice within
10 calendar days from the date the notice of the valid new claim was
mailed to such base period employer. For purposes of this subsection
(c)(3), if the required information is not submitted or postmarked within
a response time limit of 10 days after the mailing date of the base period
employer notice, the base period employer shall be deemed to have
waived its standing as a party to the proceedings arising from the claim
and shall be barred from protesting any subsequent decisions about the
claim by the secretary, a referee, the board of review or any court, except
that the base period employer's response time limit may be waived or
extended by the examiner or upon appeal, if timely response was impos-
sible due to excusable neglect. The examiner shall notify the employer of
the reconsidered determination which shall be subject to appeal, or fur-
ther reconsideration, in accordance with the provisions of K.S.A. 44-709
and amendments thereto.

(4) Time, computation and extension. In computing the period of

Ch. 182             1997 Session Laws of Kansas             1465

time for a base period employer response or appeals under this section
from the examiner's or the special examiner's determination or from the
referee's decision, the day of the act, event or default from which the
designated period of time begins to run shall not be included. The last
day of the period shall be included unless it is a Saturday, Sunday or legal
holiday, in which event the period runs until the end of the next day
which is not a Saturday, Sunday or legal holiday.

(d) Pooled fund. All contributions and payments in lieu of contribu-
tions and benefit cost payments to the employment security fund shall
be pooled and available to pay benefits to any individual entitled thereto
under the employment security law, regardless of the source of such con-
tributions or payments in lieu of contributions or benefit cost payments.

(e) Election to become reimbursing employer; payment in lieu of con-
tributions. (1) Any governmental entity for which services are performed
as described in subsection (i)(3)(E) of K.S.A. 44-703 and amendments
thereto or any nonprofit organization or group of nonprofit organizations
described in section 501(c)(3) of the federal internal revenue code of 1986
which is exempt from income tax under section 501(a) of such code, that
becomes subject to the employment security law may elect to become a
reimbursing employer under this subsection (e)(1) and agree to pay the
secretary for the employment security fund an amount equal to the
amount of regular benefits and 1/2 of the extended benefits paid that are
attributable to service in the employ of such reimbursing employer, ex-
cept that each reimbursing governmental employer shall pay an amount
equal to the amount of regular benefits and extended benefits paid for
weeks of unemployment beginning after December 31, 1978, to individ-
uals for weeks of unemployment which begin during the effective period
of such election.

(A) Any employer identified in this subsection (e)(1) may elect to
become a reimbursing employer for a period encompassing not less than
four complete calendar years if such employer files with the secretary a
written notice of such election within the thirty-day period immediately
following January 1 of any calendar year or within the thirty-day period
immediately following the date on which a determination of subjectivity
to the employment security law is issued, whichever occurs later.

(B) Any employer which makes an election to become a reimbursing
employer in accordance with subparagraph (A) of this subsection (e)(1)
will continue to be liable for payments in lieu of contributions until such
employer files with the secretary a written notice terminating its election
not later than 30 days prior to the beginning of the calendar year for
which such termination shall first be effective.

(C) Any employer identified in this subsection (e)(1) which has re-
mained a contributing employer and has been paying contributions under
the employment security law for a period subsequent to January 1, 1972,
may change to a reimbursing employer by filing with the secretary not

1466             1997 Session Laws of Kansas             Ch. 182

later than 30 days prior to the beginning of any calendar year a written
notice of election to become a reimbursing employer. Such election shall
not be terminable by the employer for four complete calendar years.

(D) The secretary may for good cause extend the period within which
a notice of election, or a notice of termination, must be filed and may
permit an election to be retroactive but not any earlier than with respect
to benefits paid after January 1 of the year such election is received.

(E) The secretary, in accordance with such rules and regulations as
the secretary may adopt, shall notify each employer identified in subsec-
tion (e)(1) of any determination which the secretary may make of its status
as an employer and of the effective date of any election which it makes
to become a reimbursing employer and of any termination of such elec-
tion. Such determinations shall be subject to reconsideration, appeal and
review in accordance with the provisions of K.S.A. 44-710b and amend-
ments thereto.

(2) Reimbursement reports and payments. Payments in lieu of con-
tributions shall be made in accordance with the provisions of paragraph
(A) of this subsection (e)(2) by all reimbursing employers except the state
of Kansas. Each reimbursing employer shall report total wages paid dur-
ing each calendar quarter by filing quarterly wage reports with the sec-
retary which shall become due on or before the 25th day of the first month
following the last month of the calendar quarter or in accordance with
such rules and regulations as the secretary may adopt. be filed by the last
day of the month following the close of each calendar quarter. Wage re-
ports are deemed filed as of the date they are placed in the United States
mail.

(A) At the end of each calendar quarter, or at the end of any other
period as determined by the secretary, the secretary shall bill each re-
imbursing employer, except the state of Kansas, (i) an amount to be paid
which is equal to the full amount of regular benefits plus 1/2 of the amount
of extended benefits paid during such quarter or other prescribed period
that is attributable to service in the employ of such reimbursing employer;
and (ii) for weeks of unemployment beginning after December 31, 1978,
each reimbursing governmental employer shall be certified an amount to
be paid which is equal to the full amount of regular benefits and extended
benefits paid during such quarter or other prescribed period that is at-
tributable to service in the employ of such reimbursing governmental
employer.

(B) Payment of any bill rendered under paragraph (A) of this sub-
section (e)(2) shall be made not later than 30 days after such bill was
mailed to the last known address of the reimbursing employer, or oth-
erwise was delivered to such reimbursing employer, unless there has been
an application for review and redetermination in accordance with para-
graph (D) of this subsection (e)(2).

(C) Payments made by any reimbursing employer under the provi-

Ch. 182             1997 Session Laws of Kansas             1467

sions of this subsection (e)(2) shall not be deducted or deductible, in
whole or in part, from the remuneration of individuals in the employ of
such employer.

(D) The amount due specified in any bill from the secretary shall be
conclusive on the reimbursing employer, unless, not later than 15 days
after the bill was mailed to the last known address of such employer, or
was otherwise delivered to such employer, the reimbursing employer files
an application for redetermination in accordance with K.S.A. 44-710b and
amendments thereto.

(E) Past due payments of amounts certified by the secretary under
this section shall be subject to the same interest, penalties and actions
required by K.S.A. 44-717 and amendments thereto. If any reimbursing
employer is delinquent in making payments of amounts certified by the
secretary under this section, the secretary may terminate such employer's
election to make payments in lieu of contributions as of the beginning of
the next calendar year and such termination shall be effective for such
next calendar year and the calendar year thereafter so that the termination
is effective for two complete calendar years.

(F) In the discretion of the secretary, any employer who elects to
become liable for payments in lieu of contributions and any reimbursing
employer who is delinquent in filing reports or in making payments of
amounts certified by the secretary under this section shall be required
within 60 days after the effective date of such election, in the case of an
eligible employer so electing, or after the date of notification to the de-
linquent employer under this subsection (e)(2)(F), in the case of a delin-
quent employer, to execute and file with the secretary a surety bond,
except that the employer may elect, in lieu of a surety bond, to deposit
with the secretary money or securities as approved by the secretary. The
amount of the bond or deposit required by this subsection (e)(2)(F) shall
not exceed 5.4% of the organization's taxable wages paid for employment
by the eligible employer during the four calendar quarters immediately
preceding the effective date of the election or the date of notification, in
the case of a delinquent employer. If the employer did not pay wages in
each of such four calendar quarters, the amount of the bond or deposit
shall be as determined by the secretary. Upon the failure of an employer
to comply with this subsection (e)(2)(F) within the time limits imposed
or to maintain the required bond or deposit, the secretary may terminate
the election of such eligible employer or delinquent employer, as the case
may be, to make payments in lieu of contributions, and such termination
shall be effective for the current and next calendar year.

(G) The state of Kansas shall make reimbursement payments quar-
terly at a fiscal year rate which shall be based upon: (i) The available
balance in the state's reimbursing account as of December 31 of each
calendar year; (ii) the historical unemployment experience of all covered
state agencies during prior years; (iii) the estimate of total covered wages

1468             1997 Session Laws of Kansas             Ch. 182

to be paid during the ensuing calendar year; (iv) the applicable fiscal year
rate of the claims processing and auditing fee under K.S.A. 75-3798 and
amendments thereto; and (v) actuarial and other information furnished
to the secretary by the secretary of administration. In accordance with
K.S.A. 75-3798 and amendments thereto, the claims processing and au-
diting fees charged to state agencies shall be deducted from the amounts
collected for the reimbursement payments under this paragraph (G) prior
to making the quarterly reimbursement payments for the state of Kansas.
The fiscal year rate shall be expressed as a percentage of covered total
wages and shall be the same for all covered state agencies. The fiscal year
rate for each fiscal year will be certified in writing by the secretary to the
secretary of administration on July 15 of each year and such certified rate
shall become effective on the July 1 immediately following the date of
certification. A detailed listing of benefit charges applicable to the state's
reimbursing account shall be furnished quarterly by the secretary to the
secretary of administration and the total amount of charges deducted
from previous reimbursing payments made by the state. On January 1 of
each year, if it is determined that benefit charges exceed the amount of
prior reimbursing payments, an upward adjustment shall be made there-
for in the fiscal year rate which will be certified on the ensuing July 15.
If total payments exceed benefit charges, all or part of the excess may be
refunded, at the discretion of the secretary, from the fund or retained in
the fund as part of the payments which may be required for the next fiscal
year.

(3) Allocation of benefit costs. The reimbursing account of each re-
imbursing employer shall be charged the full amount of regular benefits
and 1/2 of the amount of extended benefits paid except that each reim-
bursing governmental employer's account shall be charged the full
amount of regular benefits and extended benefits paid for weeks of un-
employment beginning after December 31, 1978, to individuals whose
entire base period wage credits are from such employer. When benefits
received by an individual are based upon base period wage credits from
more than one employer then the reimbursing employer's or reimbursing
governmental employer's account shall be charged in the same ratio as
base period wage credits from such employer bear to the individual's total
base period wage credits. Notwithstanding any other provision of the
employment security law, no reimbursing employer's or reimbursing gov-
ernmental employer's account shall be charged for payments of extended
benefits which are wholly reimbursed to the state by the federal govern-
ment.

(A) Proportionate allocation (when fewer than all reimbursing base
period employers are liable). If benefits paid to an individual are based
on wages paid by one or more reimbursing employers and on wages paid
by one or more contributing employers or rated governmental employers,
the amount of benefits payable by each reimbursing employer shall be

Ch. 182             1997 Session Laws of Kansas             1469

an amount which bears the same ratio to the total benefits paid to the
individual as the total base period wages paid to the individual by such
employer bears to the total base period wages paid to the individual by
all of such individual's base period employers.

(B) Proportionate allocation (when all base period employers are re-
imbursing employers). If benefits paid to an individual are based on wages
paid by two or more reimbursing employers, the amount of benefits pay-
able by each such employer shall be an amount which bears the same
ratio to the total benefits paid to the individual as the total base period
wages paid to the individual by such employer bear to the total base
period wages paid to the individual by all of such individual's base period
employers.

(4) Group accounts. Two or more reimbursing employers may file a
joint application to the secretary for the establishment of a group account
for the purpose of sharing the cost of benefits paid that are attributable
to service in the employment of such reimbursing employers. Each such
application shall identify and authorize a group representative to act as
the group's agent for the purposes of this subsection (e)(4). Upon ap-
proval of the application, the secretary shall establish a group account for
such employers effective as of the beginning of the calendar quarter in
which the secretary receives the application and shall notify the group's
representative of the effective date of the account. Such account shall
remain in effect for not less than four years and thereafter such account
shall remain in effect until terminated at the discretion of the secretary
or upon application by the group. Upon establishment of the account,
each member of the group shall be liable for payments in lieu of contri-
butions with respect to each calendar quarter in the amount that bears
the same ratio to the total benefits paid in such quarter that are attrib-
utable to service performed in the employ of all members of the group
as the total wages paid for service in employment by such member in
such quarter bear to the total wages paid during such quarter for service
performed in the employ of all members of the group. The secretary shall
adopt such rules and regulations as the secretary deems necessary with
respect to applications for establishment, maintenance and termination
of group accounts that are authorized by this subsection (e)(4), for ad-
dition of new members to, and withdrawal of active members from such
accounts, and for the determination of the amounts that are payable un-
der this subsection (e)(4) by members of the group and the time and
manner of such payments.

Sec. 80. K.S.A. 44-710b is hereby amended to read as follows: 44-
710b. (a) By the secretary of human resources. The secretary of human
resources shall promptly notify each contributing employer of its rate of
contributions, each rated governmental employer of its benefit cost rate
and each reimbursing employer of its benefit liability as determined for

1470             1997 Session Laws of Kansas             Ch. 182

any calendar year pursuant to K.S.A. 44-710 and 44-710a, and amend-
ments thereto. Such determination shall become conclusive and binding
upon the employer unless, within 15 days after the mailing of notice
thereof to the employer's last known address or in the absence of mailing,
within 15 days after the delivery of such notice, the employer files an
application for review and redetermination, setting forth the reasons
therefor. If the secretary of human resources grants such review, the
employer shall be promptly notified thereof and shall be granted an op-
portunity for a fair hearing, but no employer shall have standing, in any
proceeding involving the employer's rate of contributions or benefit lia-
bility, to contest the chargeability to the employer's account of any ben-
efits paid in accordance with a determination, redetermination or decision
pursuant to subsection (c) of K.S.A. 44-710 and amendments thereto,
except upon the ground that the services on the basis of which such
benefits were found to be chargeable did not constitute services per-
formed in employment for the employer and only in the event that the
employer was not a party to such determination, redetermination or de-
cision or to any other proceedings under this act in which the character
of such services was determined. Any such hearing conducted pursuant
to this section shall be heard in the county where the contributing em-
ployer maintains its principle place of business. The hearing officer shall
render a decision concerning all matters at issue in the hearing within 90
days.

(b) Judicial review. Any action of the secretary upon an employer's
timely request for a review and redetermination of its rate of contribu-
tions or benefit liability, in accordance with subsection (a), is subject to
review in accordance with the act for judicial review and civil enforcement
of agency actions. Any action for such review shall be heard in a summary
manner and shall be given precedence over all other civil cases except
cases arising under subsection (i) of K.S.A. 44-709 and amendments
thereto, and the workmen's compensation act.

(c) Periodic notification of benefits charged. The secretary of human
resources may provide by rules and regulations for periodic notification
to employers of benefits paid and chargeable to their accounts or of the
status of such accounts, and any such notification, in the absence of an
application for redetermination filed in such manner and within such
period as the secretary of human resources may prescribe, shall become
conclusive and binding upon the employer for all purposes. Such re-
determinations, made after notice and opportunity for hearing, and the
secretary's findings of facts in connection therewith may be introduced
in any subsequent administrative or judicial proceedings involving the
determination of the rate of contributions of any employer for any cal-
endar year and shall be entitled to the same finality as is provided in this
subsection with respect to the findings of fact made by the secretary of
human resources in proceedings to redetermine the contribution rate of

Ch. 182             1997 Session Laws of Kansas             1471

an employer. The review or any other proceedings relating thereto as
provided for in this section may be heard by any duly authorized employee
of the secretary of human resources and such action shall have the same
effect as if heard by the secretary.

Sec. 81. K.S.A. 1996 Supp. 44-717 is hereby amended to read as
follows: 44-717. (a) Penalties on past-due reports, interest on past-due
contributions, payments in lieu of contributions and benefit cost pay-
ments. Any employer or any officer or agent of an employer, who fails to
file any wage report or contribution return when due, as required by the
secretary of human resources, or within a five-day grace period, by the
last day of the month following the close of each calendar quarter to which
they are related shall pay a penalty as provided by this subsection (a) for
each month or fraction of a month until the report or return is received
by the secretary of human resources. The penalty for each month or
fraction of a month shall be an amount equal to .05% of the total wages
paid by the employer during the quarter, except that no penalty shall be
less than $25 nor more than $200 for each such report or return not
timely filed. Payments in lieu of contributions shall be filed by the last
day of the month following the close of each calendar quarter to which
they are related. Contributions, payments in lieu of contributions and
benefit cost payments unpaid on the date on which they are due and
payable, as prescribed by the secretary of human resources, or within a
five-day grace period not filed by the last day of the month following the
last calendar quarter to which they are related, shall bear interest at the
rate of 1% per month or fraction of a month until payment is received
by the secretary of human resources except that an employing unit, which
is not theretofore subject to this law and which becomes an employer and
does not refuse to make the reports, returns and contributions, payments
in lieu of contributions and benefit cost payments required under this
law, shall not be liable for such penalty or interest if the wage reports and
contribution returns required are filed and the contributions, payments
in lieu of contributions or benefit cost payments required are paid within
10 days following notification by the secretary of human resources that a
determination has been made fixing its status as an employer subject to
this law. Upon written request and good cause shown, the secretary of
human resources may abate any penalty or interest or portion thereof
provided for by this subsection (a). Interest amounting to less than $1
shall be waived by the secretary of human resources and shall not be
collected. Penalties and interest collected pursuant to this subsection shall
be paid into the special employment security fund. For all purposes under
this section, amounts assessed as surcharges under subsection (j) or under
K.S.A. 44-710a and amendments thereto shall be considered to be con-
tributions and shall be subject to penalties and interest imposed under
this section and to collection in the manner provided by this section. A

1472             1997 Session Laws of Kansas             Ch. 182

wage report, a contribution return, a contribution, a payment in lieu of
contribution or a benefit cost payment is deemed filed as of the date it is
placed in the United States mail.

(b) Collection. (1) If, after due notice, any employer defaults in pay-
ment of any penalty, contributions, payments in lieu of contributions,
benefit cost payments, or interest thereon the amount due may be col-
lected by civil action in the name of the secretary of human resources
and the employer adjudged in default shall pay the cost of such action.
Civil actions brought under this section to collect contributions, payments
in lieu of contributions, benefit cost payments, penalties, or interest
thereon from an employer shall be heard by the district court at the
earliest possible date and shall be entitled to preference upon the cal-
endar of the court over all other civil actions except petitions for judicial
review under this act and cases arising under the workmen's compensa-
tion act. All liability determinations of contributions due, payments in lieu
of contributions or benefit cost payments due shall be made within a
period of five years from the date such contributions, payments in lieu of
contributions or benefit cost payments were due except such determi-
nations may be made for any time when an employer has filed fraudulent
reports with intent to evade liability.

(2) Any employing unit which is not a resident of this state and which
exercises the privilege of having one or more individuals perform service
for it within this state and any resident employing unit which exercises
that privilege and thereafter removes from this state, shall be deemed
thereby to appoint the secretary of state as its agent and attorney for the
acceptance of process in any civil action under this subsection. In insti-
tuting such an action against any such employing unit the secretary of
human resources shall cause such process or notice to be filed with the
secretary of state and such service shall be sufficient service upon such
employing unit and shall be of the same force and validity as if served
upon it personally within this state. The secretary of human resources
shall send notice immediately of the service of such process or notice,
together with a copy thereof, by registered or certified mail, return receipt
requested, to such employing unit at its last-known address and such
return receipt, the affidavit of compliance of the secretary of human re-
sources with the provisions of this section, and a copy of the notice of
service, shall be appended to the original of the process filed in the court
in which such civil action is pending.

(3) Any contractor, who is or becomes an employer under the pro-
visions of this act, who contracts with any subcontractor, who also is or
becomes an employer under the provisions of this act, shall be directly
liable for such contributions, penalties and interest due from the sub-
contractor and the secretary of human resources shall have all of the
remedies of collection against the contractor under the provisions of this
act as though the services in question were performed directly for the

Ch. 182             1997 Session Laws of Kansas             1473

contractor, unless the contractor requires the subcontractor to provide a
good and sufficient bond guaranteeing payment of all contributions, pen-
alties and interest due or to become due with respect to wages paid for
employment on the contract. For the purpose of this subsection (b)(3),
the words, ``contractor'' and ``subcontractor'' mean and include individ-
uals, partnerships, firms or corporations, or other associations of persons
engaged in the business of the construction, alteration, repairing, dis-
mantling or demolition of buildings, roads, bridges, viaducts, sewers, wa-
ter and gas mains, streets, disposal plants, water filters, tanks and towers,
airports, dams, levees and canals, oil and gas wells, water wells, pipelines,
and every other type of structure, project, development or improvement
coming within the definition of real property.

(4) The district courts of this state shall entertain, in the manner
provided in subsections (b)(1), (b)(2) and (b)(3), actions to collect con-
tributions, payments in lieu of contributions, benefit cost payments and
other amounts owed including interest thereon for which liability has
accrued under the employment security law of any other state or of the
federal government.

(c) Priorities under legal dissolutions or distributions. In the event of
any distribution of employer's assets pursuant to an order of any court
under the laws of this state, including but not limited to any probate
proceeding, interpleader, receivership, assignment for benefit of credi-
tors, adjudicated insolvency, composition or similar proceedings, contri-
butions or payments in lieu of contributions then or thereafter due shall
be paid in full from the moneys which shall first come into the estate,
prior to all other claims, except claims for wages of not more than $250
to each claimant, earned within six months of the commencement of the
proceedings. In the event of an employer's adjudication in bankruptcy,
judicially confirmed extension proposal, or composition, under the federal
bankruptcy act of 1898, as amended, contributions then or thereafter due
shall be entitled to such priority as is provided in that act for taxes due
any state of the United States.

(d) Assessments. If any employer fails to file a report or return re-
quired by the secretary of human resources for the determination of con-
tributions, or payments in lieu of contributions, or benefit cost payments,
the secretary of human resources may make such reports or returns or
cause the same to be made, on the basis of such information as the sec-
retary may be able to obtain and shall collect the contributions, payments
in lieu of contributions or benefit cost payments as determined together
with any interest due under this act. The secretary of human resources
shall immediately forward to the employer a copy of the assessment by
registered or certified mail to the employer's address as it appears on the
records of the agency, and such assessment shall be final unless the em-
ployer protests such assessment and files a corrected report or return for
the period covered by the assessment within 15 days after the mailing of

1474             1997 Session Laws of Kansas             Ch. 182

the copy of assessment. Failure to receive such notice shall not invalidate
the assessment. Notice in writing shall be presumed to have been given
when deposited as certified or registered matter in the United States mail,
addressed to the person to be charged with notice at such person's address
as it appears on the records of the agency.

(e) (1) Lien. If any employer or person who is liable to pay contri-
butions, payments in lieu of contributions or benefit cost payments ne-
glects or refuses to pay the same after demand, the amount, including
interest and penalty, shall be a lien in favor of the state of Kansas, sec-
retary of human resources, upon all property and rights to property,
whether real or personal, belonging to such employer or person. Such
lien shall not be valid as against any mortgagee, pledgee, purchaser or
judgment creditor until notice thereof has been filed by the secretary of
human resources in the office of register of deeds in any county in the
state of Kansas, in which such property is located, and when so filed shall
be notice to all persons claiming an interest in the property of the em-
ployer or person against whom filed. The register of deeds shall enter
such notices in the financing statement record and shall also record the
same in full in miscellaneous record and index the same against the name
of the delinquent employer. The register of deeds shall accept, file, and
record such notice without prepayment of any fee, but lawful fees shall
be added to the amount of such lien and collected when satisfaction is
presented for entry. Such lien shall be satisfied of record upon the pres-
entation of a certificate of discharge by the state of Kansas, secretary of
human resources. Nothing contained in this subsection (e) shall be con-
strued as an invalidation of any lien or notice filed in the name of the
unemployment compensation division or the employment security divi-
sion and such liens shall be and remain in full force and effect until
satisfied as provided by this subsection (e).

(2) Authority of secretary or authorized representative. If any em-
ployer or person who is liable to pay any contributions, payments in lieu
of contributions or benefit cost payments, including interest and penalty,
neglects or refuses to pay the same within 10 days after notice and de-
mand therefor, the secretary or the secretary's authorized representative
may collect such contributions, payments in lieu of contributions or ben-
efit cost payments, including interest and penalty, and such further
amount as is sufficient to cover the expenses of the levy, by levy upon all
property and rights to property which belong to the employer or person
or which have a lien created thereon by this subsection (e) for the pay-
ment of such contributions, payments in lieu of contributions or benefit
cost payments, including interest and penalty. As used in this subsection
(e), ``property'' includes all real property and personal property, whether
tangible or intangible, except such property which is exempt under K.S.A.
60-2301 et seq., and amendments thereto. Levy may be made upon the
accrued salary or wages of any officer, employee or elected official of any

Ch. 182             1997 Session Laws of Kansas             1475

state or local governmental entity which is subject to K.S.A. 60-723 and
amendments thereto, by serving a notice of levy as provided in subsection
(d) of K.S.A. 60-304 and amendments thereto. If the secretary or the
secretary's authorized representative makes a finding that the collection
of the amount of such contributions, payments in lieu of contributions or
benefit cost payments, including interest and penalty, is in jeopardy, no-
tice and demand for immediate payment of such amount may be made
by the secretary or the secretary's authorized representative and, upon
failure or refusal to pay such amount, immediate collection of such
amount by levy shall be lawful without regard to the ten-day period pro-
vided in this subsection (e).

(3) Seizure and sale of property. The authority to levy granted under
this subsection (e) includes the power of seizure by any means. A levy
shall extend only to property possessed and obligations existing at the
time thereof. In any case in which the secretary or the secretary's au-
thorized representative may levy upon property or rights to property, the
secretary or the secretary's authorized representative may seize and sell
such property or rights to property.

(4) Successive seizures. Whenever any property or right to property
upon which levy has been made under this subsection (e) is not sufficient
to satisfy the claim of the secretary for which levy is made, the secretary
or the secretary's authorized representative may proceed thereafter and
as often as may be necessary, to levy in like manner upon any other
property or rights to property which belongs to the employer or person
against whom such claim exists or upon which a lien is created by this
subsection (e) until the amount due from the employer or person, to-
gether with all expenses, is fully paid.

(f) Warrant. In addition or as an alternative to any other remedy
provided by this section and provided that no appeal or other proceeding
for review permitted by this law shall then be pending and the time for
taking thereof shall have expired, the secretary of human resources or an
authorized representative of the secretary may issue a warrant certifying
the amount of contributions, payments in lieu of contributions, benefit
cost payments, interest or penalty, and the name of the employer liable
for same after giving 15 days prior notice. Upon request, service of final
notices shall be made by the sheriff within the sheriff's county, by the
sheriff's deputy or some person specially appointed by the secretary for
that purpose, or by the secretary's designee. A person specially appointed
by the secretary or the secretary's designee to serve final notices may
make service any place in the state. Final notices shall be served as fol-
lows:

(1) Individual. Service upon an individual, other than a minor or in-
capacitated person, shall be made by delivering a copy of the final notice
to the individual personally or by leaving a copy at such individual's dwell-
ing house or usual place of abode with some person of suitable age and

1476             1997 Session Laws of Kansas             Ch. 182

discretion then residing therein, by leaving a copy at the business estab-
lishment of the employer with an officer or employee of the establish-
ment, or by delivering a copy to an agent authorized by appointment or
by law to receive service of process, but if the agent is one designated by
a statute to receive service, such further notice as the statute requires
shall be given. If service as prescribed above cannot be made with due
diligence, the secretary or the secretary's designee may order service to
be made by leaving a copy of the final notice at the employer's dwelling
house, usual place of abode or business establishment.

(2) Corporations and partnerships. Service upon a domestic or for-
eign corporation or upon a partnership or other unincorporated associa-
tion, when by law it may be sued as such, shall be made by delivering a
copy of the final notice to an officer, partner or resident managing or
general agent thereof by leaving a copy at any business office of the em-
ployer with the person having charge thereof or by delivering a copy to
any other agent authorized by appointment or required by law to receive
service of process, if the agent is one authorized by law to receive service
and, if the law so requires, by also mailing a copy to the employer.

(3) Refusal to accept service. In all cases when the person to be
served, or an agent authorized by such person to accept service of peti-
tions and summonses, shall refuse to receive copies of the final notice,
the offer of the duly authorized process server to deliver copies thereof
and such refusal shall be sufficient service of such notice.

(4) Proof of service. (A) Every officer to whom a final notice or other
process shall be delivered for service within or without the state, shall
make return thereof in writing stating the time, place and manner of
service of such writ, and shall sign such officer's name to such return.

(B) If service of the notice is made by a person appointed by the
secretary or the secretary's designee to make service, such person shall
make an affidavit as to the time, place and manner of service thereof in
a form prescribed by the secretary or the secretary's designee.

(5) Time for return. The officer or other person receiving a final no-
tice shall make a return of service promptly and shall send such return
to the secretary or the secretary's designee in any event within 10 days
after the service is effected. If the final notice cannot be served it shall
be returned to the secretary or the secretary's designee within 30 days
after the date of issue with a statement of the reason for the failure to
serve the same. The original return shall be attached to and filed with
any warrant thereafter filed.

(6) Service by mail. (A) Upon direction of the secretary or the sec-
retary's designee, service by mail may be effected by forwarding a copy
of the notice to the employer by registered or certified mail to the em-
ployer's address as it appears on the records of the agency. A copy of the
return receipt shall be attached to and filed with any warrant thereafter
filed.

Ch. 182             1997 Session Laws of Kansas             1477

(B) The secretary of human resources or an authorized representative
of the secretary may file the warrant for record in the office of the clerk
of the district court in the county in which the employer owing such
contributions, payments in lieu of contributions, benefit cost payments,
interest, or penalty has business property. The warrant shall certify the
amount of contributions, payments in lieu of contributions, benefit cost
payments, interest and penalty due, and the name of the employer liable
for such amount. It shall be the duty of the clerk of the district court to
file such warrant of record and enter the warrant in the records of the
district court for judgment and decrees under the procedure prescribed
for filing transcripts of judgment.

(C) The clerk shall enter, on the day the warrant is filed, the case on
the appearance docket, together with the amount and the time of filing
the warrant. From the time of filing such warrant, the amount of the
contributions, payments in lieu of contributions, benefit cost payments,
interest, and penalty, certified therein, shall have the force and effect of
a judgment of the district court until the same is satisfied by the secretary
of human resources or an authorized representative or attorney for the
secretary. Execution shall be issuable at the request of the secretary of
human resources, an authorized representative or attorney for the sec-
retary, as is provided in the case of other judgments.

(D) Postjudgment procedures shall be the same as for judgments
according to the code of civil procedure.

(E) Warrants shall be satisfied of record by payment to the clerk of
the district court of the contributions, payments in lieu of contributions,
benefit cost payments, penalty, interest to date, and court costs. Warrants
may also be satisfied of record by payment to the clerk of the district
court of all court costs accrued in the case and by filing a certificate by
the secretary of human resources, certifying that the contributions, pay-
ments in lieu of contributions, benefit cost payments, interest and penalty
have been paid.

(g) Remedies cumulative. The foregoing remedies shall be cumulative
and no action taken shall be construed as an election on the part of the
state or any of its officers to pursue any remedy or action under this
section to the exclusion of any other remedy or action for which provision
is made.

(h) Refunds. If any individual, governmental entity or organization
makes application for refund or adjustment of any amount paid as con-
tributions, benefit cost payments or interest under this law and the sec-
retary of human resources determines that such amount or any portion
thereof was erroneously collected, except for amounts less than $1, the
secretary of human resources shall allow such individual or organization
to make an adjustment thereof without interest, in connection with sub-
sequent contribution payments, or if such adjustment cannot be made
the secretary of human resources shall refund the amount, except for

1478             1997 Session Laws of Kansas             Ch. 182

amounts less than $1, without interest, from the employment security
fund, except that all interest erroneously collected which has been paid
into the special employment security fund shall be refunded out of the
special employment security fund. No adjustment or refund shall be al-
lowed with respect to a payment as contributions, benefit cost payments
or interest unless an application therefor is made on or before whichever
of the following dates is later: (1) One year from the date on which such
payment was made; or (2) three years from the last day of the period with
respect to which such payment was made. For like cause and within the
same period adjustment or refund may be so made on the secretary's own
initiative. The secretary of human resources shall not be required to re-
fund any contributions, payments in lieu of contributions or benefit cost
payments based upon wages paid which have been used as base-period
wages in a determination of a claimant's benefit rights when justifiable
and correct payments have been made to the claimant as the result of
such determination. For all taxable years commencing after December 31,
1997, interest at the rate prescribed in K.S.A. 79-2968 and amendments
thereto shall be allowed on a contribution or benefit cost payment which
the secretary has determined was erroneously collected pursuant to this
section. Such interest may be deducted from subsequent contributions or
as part of a refund as described in this subsection and in subsection (i).

(i) Refund for reimbursing employer. Upon termination of an em-
ployer's business or termination of any election to make payments in lieu
of contributions, a reimbursing employer may file for a refund of any
payments made to the fund which are in excess of any regular or extended
benefits which have been charged or could become chargeable to the
reimbursing employer's account. No refund may be made within a
twenty-four-month period following termination of a reimbursing em-
ployer's business or election for payments in lieu of contributions.

(j) (1) Cash deposit or bond. If any contributing employer is delin-
quent in making payments under the employment security law during any
two quarters of the most recent four-quarter period, the secretary or the
secretary's authorized representative shall have the discretionary power
to require such contributing employer either to deposit cash or to file a
bond with sufficient sureties to guarantee the payment of contributions,
penalty and interest owed by such employer.

(2) The amount of such cash deposit or bond shall be not less than
the largest total amount of contributions, penalty and interest reported
by the employer in two of the four calendar quarters preceding any de-
linquency. Such cash deposit or bond shall be required until the employer
has shown timely filing of reports and payment of contributions for four
consecutive calendar quarters.

(3) Failure to file such cash deposit or bond shall subject the em-
ployer to a surcharge of 2.0% which shall be in addition to the rate of
contributions assigned to the employer under K.S.A. 44-710a and amend-

Ch. 182             1997 Session Laws of Kansas             1479

ments thereto. Contributions paid as a result of this surcharge shall not
be credited to the employer's experience rating account. This surcharge
shall be effective during the next full calendar year after its imposition
and during each full calendar year thereafter until the employer has filed
the required cash deposit or bond or has shown timely filing of reports
and payment of contributions for four consecutive calendar quarters.

(k) Any officer, major stockholder or other person who has charge of
the affairs of an employer, which is an employing unit described in section
501(c)(3) of the federal internal revenue code of 1954 or which is any
other corporate organization or association, or any member or manager
of a limited liability company, or any public official, who willfully fails to
pay the amount of contributions, payments in lieu of contributions or
benefit cost payments required to be paid under the employment security
law on the date on which such amount becomes delinquent, shall be
personally liable for the total amount of the contributions, payments in
lieu of contributions or benefit cost payments and any penalties and in-
terest due and unpaid by such employing unit. The secretary or the
secretary's authorized representative may assess such person for the total
amount of contributions, payments in lieu of contributions or benefit cost
payments and any penalties, and interest computed as due and owing.
With respect to such persons and such amounts assessed, the secretary
shall have available all of the collection remedies authorized or provided
by this section.

New Sec. 82. On and after January 1, 1998, the secretary of human
resources shall make available in a medium readily accessible to contrib-
uting employers all administrative rulings of the department of human
resources which affect the duties and responsibilities of contributing em-
ployers. Such rulings shall be provided in such a manner as to conceal
the identity of the specific employer for whom the ruling concerned. The
secretary shall cause to be published in the Kansas register a description
of each such administrative ruling within 30 days of such ruling together
with specific instructions as to how the complete text of the administrative
ruling may be obtained.

New Sec. 83. If the state of Kansas or any state agency is fined or
has withheld from eligible amounts for TANF block grants under title
IV-A of the federal social security act or for funds under title IV-D of the
federal social security act an amount of $5,000,000 or more in any fiscal
year because it is determined that the state of Kansas is not in compliance
with title IV-D of the federal social security act, the secretary of social
and rehabilitation services shall so certify and this act shall sunset on June
30 of the affected fiscal year.

New Sec. 84. From any current support collected in any one month
on behalf of an individual who is receiving services from the department
of social and rehabilitation services pursuant to a title IV-D case the sec-

1480             1997 Session Laws of Kansas             Ch. 182

retary shall pay to such individual, an amount up to $40. As used in this
section, ``title IV-D case'' means a case being administered pursuant to
part D of title IV of the federal social security act (42 U.S.C. (section) 651 et
seq.) and amendments thereto.

New Sec. 85. (a) All employers and labor organizations doing busi-
ness in this state who are required by the United States government to
have all new employees fill out an I-9 form shall attach an additional form
to such I-9 form asking ``Are you currently or have you been ordered to
pay child support pursuant to a court order?'' All such employers and
labor organizations shall require new employees to answer this question,
under penalty of perjury, and have such statement signed and notarized.

(b) If the employee answers in the affirmative to such question, the
employer or labor organization shall submit such statement within 20 days
of the hiring, rehiring or return to work of the employee or 20 days from
the date the employee first receives wages or other compensation from
the employer to the secretary of human resources. The statement shall
also contain the employee's social security number.

(c) The department of social and rehabilitation services shall have
access to such statements to match the employee's social security number
with title IV-D cases.

Sec. 86. K.S.A. 21-3805 is hereby amended to read as follows: 21-
3805. (a) Perjury is intentionally, knowingly and falsely:

(1) Swearing, testifying, affirming, declaring or subscribing to any ma-
terial fact upon any oath or affirmation legally administered in any cause,
matter or proceeding before any court, tribunal, public body, notary pub-
lic or other officer authorized to administer oaths; or

(2) subscribing as true and correct under penalty of perjury any ma-
terial matter in any declaration, verification, certificate or statement as
permitted by K.S.A. 53-601 and amendments thereto.; or

(3) subscribing as true and correct under penalty of perjury any state-
ment as required by section 85, and amendments thereto.

(b) (1) Perjury is a severity level 7, nonperson felony if the false state-
ment is made upon the trial of a felony charge.

(2) Perjury is a severity level 9, nonperson felony if the false statement
is made in a cause, matter or proceeding other than the trial of a felony
charge or is made under penalty of perjury in any declaration, verification,
certificate or statement as permitted by K.S.A. 53-601 and amendments
thereto.

New Sec. 87. (a) Except as otherwise provided in this section, the
social security number of any individual applicant for a professional li-
cense, occupational license or marriage license shall be requested, if avail-
able, on the application for such license. As used in this section, ``on the
application'' includes but is not limited to any document attached or sup-

Ch. 182             1997 Session Laws of Kansas             1481

plemental to an application or any optically, electronically or magnetically
recorded data related to an individual application.

(b) An agency or other body that accepts applications for professional,
occupational or marriage licenses may permit the use of a Kansas driver's
license number or a nondriver's identification card number on an appli-
cation, provided that the agency or body so advises the applicant.

New Sec. 88. On and after July 1, 1998: (a) There is created the
office of administrative hearings within the department of administration,
to be headed by a director appointed by the secretary of administration.

(b) The office shall employ administrative law judges, court reporters
and other support personnel as necessary to conduct proceedings re-
quired by the Kansas administrative procedure act for adjudicative pro-
ceedings of the department of social and rehabilitation services. The of-
fice shall conduct adjudicative proceedings of the department of social
and rehabilitation services which are not under the Kansas administrative
procedure act when requested by such agency. Only a person admitted
to practice law in this state may be employed as an administrative law
judge. The office may employ regular part-time personnel. Persons em-
ployed by the office shall be under the classified civil service.

(c) If the office cannot furnish one of its administrative law judges in
response to the department of social and rehabilitation services request,
the director shall designate in writing a full-time employee of an agency
other than the department of social and rehabilitation services to serve
as administrative law judge for the proceeding, but only with the consent
of the employing agency. The designee must possess the same qualifi-
cations required of administrative law judges employed by the office.

(d) The director may furnish administrative law judges on a contract
basis to any governmental entity to conduct any proceeding not subject
to the Kansas administrative procedure act or not listed in section 90 and
amendments thereto.

(e) On or before January 1, 1999, the department of administration
shall adopt rules and regulations:

(1) To establish further qualifications for administrative law judges,
procedures by which candidates will be considered for employment, and
the manner in which public notice of vacancies in the staff of the office
will be given;

(2) to establish procedures for agencies to request and for the director
to assign administrative law judges. The department of social and reha-
bilitation services may neither select nor reject any individual administra-
tive law judge for any proceeding except in accordance with the Kansas
administrative procedure act;

(3) to establish procedures and adopt forms, consistent with the Kan-
sas administrative procedure act, the model rules of procedure, and other
provisions of law, to govern administrative law judges;

1482             1997 Session Laws of Kansas             Ch. 182

(4) to establish standards and procedures for the evaluation, training,
promotion and discipline of administrative law judges; and

(5) to facilitate the performance of the responsibilities conferred
upon the office by the Kansas administrative procedure act.

(f) The director may:

(1) Maintain a staff of reporters and other personnel; and

(2) implement the provisions of this section and rules and regulations
adopted under its authority.

(g) The department of administration may adopt rules and regula-
tions to establish fees to charge a state agency for the cost of using an
administrative law judge.

(h) Effective July 1, 1998, personnel in the administrative hearings
section of the department of social and rehabilitation services and support
personnel for such administrative law judges, shall be transferred to the
office of administrative hearings. Such personnel shall retain all rights
under the state personnel system and retirement benefits under the laws
of this state, and such person's services shall be deemed to have been
continuous. This act shall not affect any matter pending before an ad-
ministrative hearing officer at the time of the effective date of the transfer,
and such matter shall proceed as though no transfer of employment had
occurred.

New Sec. 89. On and after July 1, 1998: (a) There is hereby created
a state advisory council for administrative hearings. The advisory council
shall consist of seven members appointed by the governor. All members
of the council shall serve at the pleasure of the governor. Members of
the council shall not receive compensation or expense allowances for serv-
ing on the council.

(b) The council shall meet on call of the secretary of administration.

(c) The advisory council shall advise the secretary of administration
and the director of the office of administrative hearings on policy matters
affecting the office of administrative hearings and on rules and regulations
adopted by the director.

New Sec. 90. On and after July 1, 1998: (a) In hearings of the de-
partment of social and rehabilitation services under K.S.A. 39-1807, 65-
4015, 65-4606, 65-4927, 75-3306 and 75-3340, and amendments thereto,
the presiding officer shall be the agency head, one or more members of
the agency head or an administrative law judge assigned by the office of
administrative hearings.

(b) This section shall be part of and supplemental to the Kansas ad-
ministrative procedure act.

Sec. 91. On and after July 1, 1998, K.S.A. 75-3306, as amended by
section 77 of this act, is hereby amended to read as follows: 75-3306. (a)
The secretary of social and rehabilitation services, except as set forth in
the Kansas administrative procedure act and subsections (f), (g), (h) and

Ch. 182             1997 Session Laws of Kansas             1483

(i), shall provide a fair hearing for any person who is an applicant, client,
inmate, other interested person or taxpayer who appeals from the decision
or final action of any agent or employee of the secretary. The hearing
shall be conducted in accordance with the provisions of the Kansas ad-
ministrative procedure act.

It shall be the duty of the secretary of social and rehabilitation services
to have available in all intake offices, during all office hours, forms for
filing complaints for hearings, and appeal forms with which to appeal from
the decision of the agent or employee of the secretary. The forms shall
be prescribed by the secretary of social and rehabilitation services and
shall have printed on or as a part of them the basic procedure for hearings
and appeals prescribed by state law and the secretary of social and re-
habilitation services.

(b) The secretary of social and rehabilitation services shall have au-
thority to investigate (1) any claims and vouchers and persons or busi-
nesses who provide services to the secretary of social and rehabilitation
services or to welfare recipients, (2) the eligibility of persons to receive
assistance and (3) the eligibility of providers of services.

(c) The secretary of social and rehabilitation services shall have au-
thority, when conducting investigations as provided for in this section, to
issue subpoenas; compel the attendance of witnesses at the place desig-
nated in this state; compel the production of any records, books, papers
or other documents considered necessary; administer oaths; take testi-
mony; and render decisions. If a person refuses to comply with any sub-
poena issued under this section or to testify to any matter regarding which
the person may lawfully be questioned, the district court of any county,
on application of the secretary, may issue an order requiring the person
to comply with the subpoena and to testify, and any failure to obey the
order of the court may be punished by the court as a contempt of court.
Unless incapacitated, the person placing a claim or defending a privilege
before the secretary shall appear in person or by authorized representa-
tive and may not be excused from answering questions and supplying
information, except in accordance with the person's constitutional rights
and lawful privileges.

(d) The presiding officer may close any portion of a hearing con-
ducted under the Kansas administrative procedure act when matters
made confidential, pursuant to federal or state law or regulation are under
consideration.

(e) Except as provided in subsection (d) of K.S.A. 77-511 and amend-
ments thereto and notwithstanding the other provisions of the Kansas
administrative procedure act, the secretary may enforce any order prior
to the disposition of a person's application for an adjudicative proceeding
unless prohibited from such action by federal or state statute, regulation
or court order.

(f) Except as provided in this subsection, decisions and final actions

1484             1997 Session Laws of Kansas             Ch. 182

relating to the administration of the support enforcement program set
forth in K.S.A. 39-753 et seq. and amendments thereto shall be exempt
from the provisions of the Kansas administrative procedure act and sub-
section (a). Decisions and final actions relating to the support enforce-
ment program may be reviewed pursuant to this section if the decision
or final action relates directly to federal debt set-off activities or the per-
son is specifically permitted by statute to request a fair hearing under this
section.

(g) Decisions relating to administrative disqualification hearings shall
be exempt from the provisions of the Kansas administrative procedure
act and subsection (a).

(h) The department of social and rehabilitation services shall not have
jurisdiction to determine the facial validity of a state or federal statute.
The administrative hearings section of the department of social and re-
habilitation services An administrative law judge from the office of ad-
ministrative hearings shall not have jurisdiction to determine the facial
validity of an agency rule and regulation.

(i) The department of social and rehabilitation services shall not be
required to provide a hearing if: (1) The department of social and reha-
bilitation services lacks jurisdiction of the subject matter; (2) resolution
of the matter does not require the department of social and rehabilitation
services to issue an order that determines the applicant's legal rights,
duties, privileges, immunities or other legal interests; (3) the matter was
not timely submitted to the department of social and rehabilitation serv-
ices pursuant to regulation or other provision of law; or (4) the matter
was not submitted in a form substantially complying with any applicable
provision of law.

Sec. 92. On and after July 1, 1998, K.S.A. 1996 Supp. 77-514 is
hereby amended to read as follows: 77-514. (a) The agency head or, one
or more members of the agency head, an administrative law judge as-
signed by the office of administrative hearings, or, unless prohibited by
section 90, and amendments thereto, one or more other persons desig-
nated by the agency head may be the presiding officer.

(b) Any person serving or designated to serve alone or with others as
presiding officer is subject to disqualification for administrative bias, prej-
udice or interest.

(c) Any party may petition for the disqualification of a person
promptly after receipt of notice indicating that the person will preside or
promptly upon discovering facts establishing grounds for disqualification,
whichever is later.

(d) A person whose disqualification is requested shall determine
whether to grant the petition, stating facts and reasons for the determi-
nation.

(e) If a substitute is required for a person who is disqualified or be-

Ch. 182             1997 Session Laws of Kansas             1485

comes unavailable for any other reason, any action taken by a duly ap-
pointed substitute for a disqualified or unavailable person is as effective
as if taken by the latter.

(f) A If the office of administrative hearings cannot provide a presid-
ing officer, a state agency may enter into agreements with another state
agency to provide hearing presiding officers to conduct proceedings un-
der this act or for other agency proceedings.

(g) Notwithstanding any quorum requirements, if the agency head of
a professional or occupational licensing agency is a body of individuals,
the agency head, unless prohibited by law, may designate one or more
members of the agency head to serve as presiding officer and to render
a final order in the proceeding.

Sec. 93. On and after July 1, 1998, K.S.A. 77-518 is hereby amended
to read as follows: 77-518. (a) The state agency presiding officer for the
hearing shall set the time and place of the hearing and give reasonable
written notice at least 10 days prior to the hearing to all parties and to all
persons who have filed written petitions to intervene in the matter. Ser-
vice of notices shall be made in accordance with K.S.A. 77-531 and
amendments thereto.

(b) The notice shall include a copy of any prehearing order rendered
in the matter.

(c) To the extent not included in a prehearing order accompanying
it, the notice shall include:

(1) The names and mailing addresses of all parties and other persons
to whom notice is being given by the presiding officer;

(2) the name, official title, mailing address and telephone number of
any counsel or employee who has been designated to appear for the state
agency;

(3) the official file or other reference number, the name of the pro-
ceeding and a general description of the subject matter;

(4) a statement of the time, place and nature of the hearing;

(5) a statement of the legal authority and jurisdiction under which
the hearing is to be held;

(6) the name, official title, mailing address and telephone number of
the presiding officer;

(7) a statement of the issues involved and, to the extent known to the
presiding officer, of the matters asserted by the parties; and

(8) a statement that a party who fails to attend or participate in a
prehearing conference, hearing or other stage of an adjudicative pro-
ceeding may be held in default under this act.

(d) The notice may include any other matters the presiding officer
considers desirable to expedite the proceedings.

(e) The state agency shall cause notice to be given to persons entitled
to notice under any provision of law who have not been given notice under

1486             1997 Session Laws of Kansas             Ch. 182

subsection (a) by the presiding officer. Notice under this subsection shall
be given in the manner specified by such provision of law or, if no such
manner is specified, in a manner to be determined by the agency. If a
person other than the agency is directed to give notice under this sub-
section, the agency shall require that the person furnish proof that the
notice has been given. Notice under this subsection may include all types
of information provided in subsections (a) through (d) or may consist of
a brief statement indicating the subject matter, parties, time, place and
nature of the hearing, manner in which copies of the notice to the parties
may be inspected and copied and name and telephone number of the
presiding officer.

Sec. 94. On and after July 1, 1998, K.S.A. 1996 Supp. 77-527 is
hereby amended to read as follows: 77-527. (a) The agency head, upon
its own motion may, and upon petition by any party or when required by
law shall, review an initial order, except to the extent that:

(1) A provision of law precludes or limits state agency review of the
initial order; or

(2) the agency head (A) determines to review some but not all issues,
or not to exercise any review, (B) delegates its authority to review the
initial order to one or more persons, unless such delegation is expressly
prohibited by law, or (C) authorizes one or more persons to review the
initial order, subject to further review by the agency head.

(b) A petition for review of an initial order must be filed with the
agency head, or with any person designated for this purpose by rule and
regulation of the state agency, within 15 days after service of the initial
order. If the agency head on its own motion decides to review an initial
order, the agency head shall give written notice of its intention to review
the initial order within 15 days after its service. If the agency head de-
termines not to review an initial order in response to a petition for review,
the agency head shall, within 20 days after filing of the petition for review,
serve on each party an order stating that review will not be exercised.

(c) The petition for review shall state its basis. If the agency head on
its own motion gives notice of its intent to review an initial order, the
agency head shall identify the issues that it intends to review.

(d) In reviewing an initial order, the agency head or designee shall
exercise all the decision-making power that the agency head or designee
would have had to render a final order had the agency head or designee
presided over the hearing, except to the extent that the issues subject to
review are limited by a provision of law or by the agency head or designee
upon notice to all parties.

(e) The agency head or designee shall afford each party an opportu-
nity to present briefs and may afford each party an opportunity to present
oral argument.

(f) The agency head or designee shall render a final order disposing

Ch. 182             1997 Session Laws of Kansas             1487

of the proceeding or remand the matter for further proceedings with
instructions to the person who rendered the initial order. Upon remand-
ing a matter, the agency head or designee may order such temporary
relief as is authorized and appropriate.

(g) A final order or an order remanding the matter for further pro-
ceedings shall be rendered in writing and served within 30 days after
receipt of briefs and oral argument unless that period is waived or ex-
tended with the written consent of all parties or for good cause shown.

(h) A final order or an order remanding the matter for further pro-
ceedings under this section shall identify any difference between this
order and the initial order and shall state the facts of record which support
any difference in findings of fact, state the source of law which supports
any difference in legal conclusions, and state the policy reasons which
support any difference in the exercise of discretion. A final order under
this section shall include, or incorporate by express reference to the initial
order, all the matters required by subsection (c) of K.S.A. 77-526, and
amendments thereto.

(i) The agency head shall cause copies of the final order or order
remanding the matter for further proceedings to be served on each party
in the manner prescribed by K.S.A. 77-531, and amendments thereto.

(j) Unless a petition for reconsideration is a prerequisite for seeking
judicial review, a final order under this section shall state the agency
officer to receive service of a petition for judicial review on behalf of the
agency.

New Sec. 95. In accordance with K.S.A. 75-702, the attorney general
of the State of Kansas is hereby required to file and vigorously prosecute
a suit challenging the constitutionality of conditioning receipt of federal
funds on the state's compliance with the provisions of the Personal Re-
sponsibility and Work Opportunity Act of 1996.

Sec. 96. K.S.A. 23-492 is hereby amended to read as follows: 23-492.
The purpose of this act is to improve the enforcement of duties of support
and restitution.

Sec. 97. K.S.A. 23-493 is hereby amended to read as follows: 23-493.
(1) ``Court'' means the district court of this state.

(2) ``Duty of support'' includes any duty of support imposed by any
court order, decree or judgment, whether interlocutory or final, whether
incidental to a proceeding for divorce, separate maintenance or otherwise.

(3) ``Support,'' as used in this section and K.S.A. 23-495 and 23-496,
and amendments thereto, means child support, whether interlocutory or
final, and maintenance.

(4) ``Obligor'' means any person owing a duty of support or restitu-
tion.

(5) ``Obligee'' means any person or entity to whom a duty of support
or restitution is owed.

1488             1997 Session Laws of Kansas             Ch. 182

(6) ``Duty of restitution'' includes any duty of restitution imposed by
any agreement, diversion agreement, court order, decree or judgment,
whether interlocutory or final, pursuant to a criminal conviction, order
of assignment to intensive supervised probation, order of probation or
condition of parole.

(7) ``Restitution'' as used in this section and K.S.A. 23-495 and 23-
496, and amendments thereto, means monetary remuneration owed by an
obligor to an obligee as compensation for loss incurred through criminal
actions of the obligor which result in loss to the obligee. For the purposes
of this act, restitution shall include court costs.

Sec. 98. K.S.A. 23-495 is hereby amended to read as follows: 23-495.
The court trustee shall have the responsibility for collection of support
or restitution from the obligor upon the written request of the obligee or
upon the order of the court.

Sec. 99. K.S.A. 23-496 is hereby amended to read as follows: 23-496.
(a) The court trustee shall be authorized and empowered to pursue all
civil remedies which would be available to the obligee or obligor in es-
tablishing and enforcing payment of support or restitution.

(b) The court trustee may also file motions for an increase or a de-
crease of the amount of support on behalf of any child. Any such motion
to modify the amount of support shall not be heard until notice has been
given to the obligee, the obligor and their attorneys of record, if any.

(c) The court trustee shall have the following additional powers and
duties upon approval of the administrative judge:

(1) To issue summonses, administrative subpoenas and subpoenas
duces tecum to obligors, obligees and other witnesses who possess knowl-
edge or books and records relating to enforcement of support or resti-
tution to appear in the office of the trustee or before the district court
for examination;

(2) to administer oaths and take sworn testimony on the record or by
affidavit;

(3) to appoint special process servers as required to carry out the
court trustee's responsibilities under this section; and

(4) to enter into stipulations, acknowledgments, agreements and jour-
nal entries, subject to approval of the court; and

(5) to enter into contracts pursuant to K.S.A. 1996 Supp. 75-719, and
amendments thereto, with the attorney general for the collection of debts
owed to courts or restitution owed to obligees.

Sec. 100. K.S.A. 23-497 is hereby amended to read as follows: 23-
497. (a) To defray the expenses of operation of the court trustee's office,
the court trustee is authorized to charge an amount: (1) Whether fixed or
sliding scale, based upon the scope of services provided or upon economic
criteria, not to exceed 5% of the funds support collected from obligors
through such office, as determined necessary by the administrative judge

Ch. 182             1997 Session Laws of Kansas             1489

as provided by this section.; (2) based upon the hourly cost of office op-
erations for the provision of services on an hourly or per service basis,
with the written agreement of the obligee; or (3) from restitution collected,
not to exceed the fee authorized by the attorney general under any con-
tract entered into pursuant to K.S.A. 75-719, and amendments thereto.

(b) All such amounts shall be paid to the court trustee operations
fund of the county where collected. There shall be created a court trustee
operations fund in the county treasury of each county or district court of
each county, in each judicial district that establishes the office of court
trustee for the judicial district. The moneys budgeted to fund the oper-
ation of existing court trustee offices and to fund the start-up costs of new
court trustee offices established on or after January 1, 1992, whether as
a result of a rule adopted pursuant to K.S.A. 23-494, and amendments
thereto, or because this act has created a court trustee operations fund,
shall be transferred from the county general fund to the court trustee
operations fund. The county commissioners of the county or group of
counties, if the judicial district consists of more than one county, by a
majority vote, shall decide whether the county or counties will have a
court trustee operations fund in the county treasury or the district court
of each county. All expenditures from the court trustee operations fund
shall be made in accordance with the provisions of K.S.A. 23-492 et seq.
and amendments thereto to enforce duties of support. Authorized ex-
penditures from the court trustee operations fund may include repayment
of start-up costs, expansions and operations of the court trustee's office
to the county general fund. The court trustee shall be paid compensation
as determined by the administrative judge. The board of county com-
missioners of each county to which this act may apply shall provide suit-
able quarters for the office of court trustee, furnish stationery and sup-
plies, and such furniture and equipment as shall, in the discretion of the
administrative judge, be necessary for the use of the court trustee. The
administrative judge shall fix and determine the annual budget of the
office of the court trustee and shall review and determine on an annual
basis the amount necessary to be charged to defray the expense of start-up
costs, expansions and operations of the office of court trustee. All pay-
ments made by the secretary of social and rehabilitation services pursuant
to K.S.A. 23-4,117 and amendments thereto or any grants or other monies
received which are intended to further child support enforcement goals
or restitution goals shall be deposited in the court trustee operations fund.

Sec. 101. K.S.A. 23-498 is hereby amended to read as follows: 23-
498. (a) All expenditures provided for in this act shall be paid as follows:

(1) In each judicial district consisting of a single county such expend-
iture shall be paid by the board of county commissioners or administrative
judge from the court trustees operations fund as provided in K.S.A. 23-
497 and amendments thereto.

1490             1997 Session Laws of Kansas             Ch. 182

(2) In each judicial district consisting of more than one county which
has a single court trustee operation serving all the counties in that district,
such expenditure shall be paid by the:

(A) Board of county commissioners of the county having the greatest
amount of child support or restitution money collected by the court trus-
tee's office in such district from the court trustees operations fund of such
county, and such board of county commissioners shall send a statement
to the board of county commissioners of each of the other counties in
such district for a proportional amount of such annual expenditures with
such proportion to be based upon the respective amounts of child support
and restitution money collected by the court trustee's office of each
county within such judicial district. Each board of county commissioners
receiving a statement pursuant to this section shall make payment of the
same from the court trustees operations fund of the county; or

(B) administrative judge of such judicial district. Such judge shall pay
such annual expenditures from the court trustee operations fund in the
district court of each county based upon the respective amounts of child
support and restitution money collected by the court trustee's office of
each county within such judicial district. The administrative judge shall
promptly reimburse the county general fund for expenditures made for
salary, compensation and fringe benefits made on behalf of the court
trustee's office pursuant to K.S.A. 20-162, 20-358 and 20-359, and amend-
ments thereto.

(3) The expenditure for a court trustee office in a multicounty district
which does not operate in all counties of the district shall be paid pro-
portionately, as in subsection (2), from the court trustee operations fund
of each county served by the court trustee.

(b) The administrative judge and the board of county commissioners
may agree on a reimbursement amount to the county general fund in an
amount less than the total expenses of the court trustee's office, but such
reimbursement amount shall not exceed the total expenses of the court
trustee's office.

Sec. 102. K.S.A. 23-4,100 is hereby amended to read as follows:
23-4,100. (a) The district court shall provide by court rule for such other
matters as are necessary to carry out the purpose of this act, including,
but not limited to, the appointment of deputy trustees and other staff and
a procedure to review written requests of the obligee or obligor for ex-
emption from the office of court trustee's responsibility for collection of
support or restitution as provided in subsection (b).

(b) (1) In reviewing the written request for exemption provided in
subsection (a), the presiding judge shall make a determination on whether
the claimant's request is a good cause claim based on all relevant factors.

(2) The presiding judge's determination shall be based upon the to-
tality of the circumstances and no one factor shall be determinative as to

Ch. 182             1997 Session Laws of Kansas             1491

the outcome of the claimant's request for such good cause claim for ex-
emption.

Sec. 103. K.S.A. 1996 Supp. 60-2310 is hereby amended to read as
follows: 60-2310. (a) Definitions. As used in this act and the acts of which
this act is amendatory, unless the context otherwise requires, the follow-
ing words and phrases shall have the meanings respectively ascribed to
them:

(1) ``Earnings'' means compensation paid or payable for personal
services, whether denominated as wages, salary, commission, bonus or
otherwise;

(2) ``disposable earnings'' means that part of the earnings of any in-
dividual remaining after the deduction from such earnings of any amounts
required by law to be withheld;

(3) ``wage garnishment'' means any legal or equitable procedure
through which the earnings of any individual are required to be withheld
for payment of any debt; and

(4) ``federal minimum hourly wage'' means that wage prescribed by
subsection (a)(1) of section 6 of the federal fair labor standards act of
1938, and any amendments thereto.

(b) Restriction on wage garnishment. Subject to the provisions of sub-
section (e), only the aggregate disposable earnings of an individual may
be subjected to wage garnishment. The maximum part of such earnings
of any wage earning individual which may be subjected to wage garnish-
ment for any workweek or multiple thereof may not exceed the lesser of:
(1) Twenty-five percent of the individual's aggregate disposable earnings
for that workweek or multiple thereof; (2) the amount by which the in-
dividual's aggregate disposable earnings for that workweek or multiple
thereof exceed an amount equal to 30 times the federal minimum hourly
wage, or equivalent multiple thereof for such longer period; or (3) the
amount of the plaintiff's claim as found in the order for garnishment. No
one creditor may issue more than one garnishment against the earnings
of the same judgment debtor during any one 30-day period, but the court
shall allow the creditor to file amendments or corrections of names or
addresses of any party to the order of garnishment at any time. In an-
swering such order the garnishee-employer shall withhold from all earn-
ings of the judgment-debtor for any pay period or periods ending during
such 30-day period an amount or amounts as are allowed and required
by law. Nothing in this act shall be construed as charging the plaintiff in
any garnishment action with the knowledge of the amount of any de-
fendant's earnings prior to the commencement of such garnishment ac-
tion.

(c) Sickness preventing work. If any debtor is prevented from work-
ing at the debtor's regular trade, profession or calling for any period
greater than two weeks because of illness of the debtor or any member

1492             1997 Session Laws of Kansas             Ch. 182

of the family of the debtor, and this fact is shown by the affidavit of the
debtor, the provisions of this section shall not be invoked against any such
debtor until after the expiration of two months after recovery from such
illness.

(d) Assignment of account. If any person, firm or corporation sells or
assigns an account to any person or collecting agency, that person, firm
or corporation or their assignees shall not have or be entitled to the ben-
efits of wage garnishment. The provision of this subsection shall not apply
to the following:

(1) Assignments of support rights to the secretary of social and re-
habilitation services pursuant to K.S.A. 39-709 and 39-756, and amend-
ments thereto, and support enforcement actions conducted by court trus-
tees pursuant to K.S.A. 23-492, et seq., and amendments thereto;

(2) support rights which have been assigned to any other state pur-
suant to title IV-D of the federal social security act (42 U.S.C. (section) 651 et
seq.);

(3) assignments of accounts receivable or taxes receivable to the di-
rector of accounts and reports made under K.S.A. 75-3728b and amend-
ments thereto; or

(4) collections pursuant to contracts entered into in accordance with
K.S.A. 1996 Supp. 75-719 and amendments thereto involving the collec-
tion of restitution or debts to district courts.

(e) Exceptions to restrictions on wage garnishment. The restrictions
on the amount of disposable earnings subject to wage garnishment as
provided in subsection (b) shall not apply in the following instances:

(1) Any order of any court for the support of any person, including
any order for support in the form of alimony, but the foregoing shall be
subject to the restriction provided for in subsection (g);

(2) any order of any court of bankruptcy under chapter XIII of the
federal bankruptcy act; and

(3) any debt due for any state or federal tax.

(f) Prohibition on courts. No court of this state may make, execute
or enforce any order or process in violation of this section.

(g) The maximum part of the aggregate disposable earnings of an
individual for any workweek which is subject to garnishment to enforce
any order for the support of any person shall not exceed:

(1) If the individual is supporting a spouse or dependent child (other
than a spouse or child with respect to whose support such order is used),
50% of the individual's disposable earnings for that week;

(2) if the individual is not supporting a spouse or dependent child
described in clause (1), 60% of such individual's disposable earnings for
that week; and

(3) with respect to the disposable earnings of any individual for any
workweek, the 50% specified in clause (1) shall be 55% and the 60%
specified in clause (2) shall be 65%, if such earnings are subject to gar-

Ch. 182             1997 Session Laws of Kansas             1493

nishment to enforce a support order for a period which is prior to the
twelve-week period which ends with the beginning of such workweek.

Sec. 104. K.S.A. 1996 Supp. 75-6202 is hereby amended to read as
follows: 75-6202. As used in this act:

(a) ``Debtor'' means any person who:

(1) Owes a debt to the state of Kansas or any state agency or any
municipality;

(2) owes support to an individual, or an agency of another state, who
is receiving assistance in collecting that support under K.S.A. 23-492, et
seq., or 39-756 and amendments thereto or under part D of title IV of
the federal social security act (42 U.S.C. (section) 651 et seq.), as amended; or

(3) owes a debt to a foreign state agency.

(b) ``Debt'' means:

(1) Any liquidated sum due and owing to the state of Kansas, or any
state agency, municipality or foreign state agency which has accrued
through contract, subrogation, tort, operation of law, or any other legal
theory regardless of whether there is an outstanding judgment for that
sum. A debt shall not include: (A) Special assessments except when the
owner of the property assessed petitioned for the improvement and any
successor in interest of such owner of property; or (B) fines or penalties
assessed by a municipal court, except for cigarette or tobacco infractions
and traffic infractions and offenses; or

(2) any amount of support due and owing an individual, or an agency
of another state, who is receiving assistance in collecting that support
under K.S.A. 23-492, et seq., or 39-756 and amendments thereto or under
part D of title IV of the federal social security act (42 U.S.C. (section) 651 et
seq.), as amended, which amount shall be considered a debt due and
owing the district court trustee department of social and rehabilitation
services for the purposes of this act.

(c) ``Refund'' means any amount of Kansas income tax refund due to
any person as a result of an overpayment of tax, and for this purpose, a
refund due to a husband and wife resulting from a joint return shall be
considered to be separately owned by each individual in the proportion
of each such spouse's contribution to income, as the term ``contribution
to income'' is defined by rules and regulations of the secretary of revenue.

(d) ``Net proceeds collected'' means gross proceeds collected through
final setoff against a debtor's earnings, refund or other payment due from
the state or any state agency minus any collection assistance fee charged
by the director of accounts and reports of the department of administra-
tion.

(e) ``State agency'' means any state office, officer, department, board,
commission, institution, bureau, agency or authority or any division or
unit thereof and any judicial district of this state or the clerk or clerks
thereof. ``State agency'' shall also include any district court utilizing col-

1494             1997 Session Laws of Kansas             Ch. 182

lection services pursuant to K.S.A. 1996 Supp. 75-719, and amendments
thereto, to collect debts owed to such court.

(f) ``Person'' means an individual, proprietorship, partnership, limited
partnership, association, trust, estate, business trust, corporation, other
entity or a governmental agency, unit or subdivision.

(g) ``Director'' means the director of accounts and reports of the de-
partment of administration.

(h) ``Municipality'' means any municipality as defined by K.S.A. 75-
1117, and amendments thereto.

(i) ``Payor agency'' means any state agency which holds money for, or
owes money to, a debtor.

(j) ``Foreign state or foreign state agency'' means the states of Colo-
rado, Missouri, Nebraska or Oklahoma or any agency of such states which
has entered into a reciprocal agreement pursuant to K.S.A. 1996 Supp.
75-6215 and amendments thereto.

Sec. 105. On and after July 1, 1998, K.S.A. 75-3306, as amended by
section 77 of this act, and 77-518 and K.S.A. 1996 Supp. 77-514 and
77-527 are hereby repealed.

Sec. 106. K.S.A. 21-3805, 23-492, 23-493, 23-495, 23-496, 23-497,
23-498, 23-4,100, 23-4,101, 23-4,106, 23-4,107, 23-4,108, 23-4,109, 23-
4,110, 23-4,111, 23-4,129, 23-4,133, 23-4,146, 23-9,101, 23-9,202, 23-
9,205, 23-9,206, 23-9,207, 23-9,301, 23-9,304, 23-9,305, 23-9,306,
23-9,307, 23-9,311, 23-9,313, 23-9,401, 23-9,501, 23-9,605, 23-9,606,
23-9,607, 23-9,609, 23-9,610, 23-9,611, 23-9,801, 23-9,902, 32-930, 38-
1113, 38-1131, 39-702, 39-753, 39-758, 39-759, 44-514, 44-710b, 60-
2202, 60-2401 and 75-3306 and K.S.A. 1996 Supp. 38-1115, 38-1119,
38-1121, 38-1137, 38-1138, 44-710, 44-717, 60-1610, 60-2310, 74-146,
74-147, 75-6202, 75-6202a and 79-3234 are hereby repealed.

Sec. 107. This act shall take effect and be in force from and after its
publication in the statute book and publication in the Kansas register of
a resolution by the state finance council which states that this act shall
take effect upon the publication of such resolution.

Approved May 15, 1997.