CHAPTER 21
HOUSE BILL No. 2050
An Act concerning employment; relating to reports concerning
newly hired employees;
amending K.S.A. 1998 Supp. 75-5742 and 75-5743 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1998 Supp.
75-5742 is hereby amended to read as
follows: 75-5742. (a) The department of human resources is hereby
des-
ignated as the agency to collect the new hires information required
by
the personal responsibility and work opportunity act of 1996.
Such infor-
mation 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:
(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.
Sec. 2. K.S.A. 1998 Supp. 75-5743
is hereby amended to read as
follows: 75-5743. (a) All employers and labor organizations doing
business
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 information
concerning each new employee to the secretary of human
resources within
20 days of the hiring, rehiring or return to work of the employee
or within
20 days from the date the employee first receives wages or other
com-
pensation from the employer to the secretary of human
resources. The
statement information shall also
contain include the employee's name,
address and social security number and the employer's
name, address and
federal tax identification number.
(c) (b) The
department of social and rehabilitation services shall have
access to such statements information to
match the employee's social
security number with title IV-D cases.
Sec. 3. K.S.A. 1998 Supp. 75-5742 and 75-5743 are hereby
repealed.
Sec. 4. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved March 23, 1999.
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