Ch. 164 1997 Session Laws of Kansas 1159
An Act concerning setoff against debtors of the state,
municipalities and certain foreign
states; amending K.S.A. 1996 Supp. 75-6202 and repealing the
existing section; also
repealing K.S.A. 1996 Supp. 75-6202a.
Be it enacted by the Legislature of the State of
Kansas:
Section 1. 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.
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. 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
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.
1160 1997 Session Laws of Kansas Ch. 164
(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-
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. 2. K.S.A. 1996 Supp. 75-6202 and 75-6202a are hereby
re-
pealed.
Sec. 3. This act shall take effect and be in force from and
after its
publication in the statute book.
Approved May 9, 1997.