Session Law

Identifying Information:L. 2003 ch. 111
Other Identifying Information:2003 Senate Bill 71
Tax Type:Other
Brief Description:An Act relating to the payment center; expiration thereof; abolishing the central payment center oversight commission; amending K.S.A. 2002 Supp. 23-4,118 and repealing the existing section; also repealing K.S.A. 74-99a01.
Keywords:


Body:

CHAPTER 111

SENATE BILL No. 71


An Act relating to the payment center; expiration thereof; abolishing the central payment

center oversight commission; amending K.S.A. 2002 Supp. 23-4,118 and repealing the


existing section; also repealing K.S.A. 74-99a01.


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

Section 1. K.S.A. 2002 Supp. 23-4,118 is hereby amended to read as

follows: 23-4,118. (a) The department of social and rehabilitation services,

the title IV-D agency for the state, shall establish a central unit for col-

lection and disbursement of support payments to meet the requirements

of title IV-D.

(b) The department may contract with a private vendor for the es-

tablishment and operation, in whole or in part, of such central unit. Any

contract currently in place shall be modified on or before July 1, 2001,

to take into account the provisions of this subsection. The following con-

ditions and limitations shall apply to any such contract:

(1) Any contract shall incorporate by reference the Kansas supreme

court rule concerning official child support and maintenance records es-

tablished pursuant to subsection (c).

(2) No contract shall include provisions allowing the vendor to be

paid, in whole or in part, on the basis of an amount per phone call received

by the center nor allowing the vendor to be paid an amount per check

issued for checks that were issued in error by the center.

(3) Any contract with a private vendor shall include penalty provisions

for noncompliance with federal regulations relating to the timeliness of

collections and disbursements and shall include a monetary penalty of

$100 for each erroneous transaction, whether related to collection or dis-

bursement. Penalties shall be collected as and when assessed. Of the

penalty, $25 shall be allocated to the obligee and $75 shall be allocated

to the department of social and rehabilitation services.

(4) Any contract with a private vendor shall provide for full access to

all data by the secretary's designee in the central receivables unit, the

designee of the office of judicial administration and the chairperson of

the central payment center oversight commission. Further, the contract

shall provide that all district court clerks and court trustees have access

to records of the vendors sufficient to allow them to assist in the process

of matching support payments to the obligees and be provided dedicated

telephone access to the vendor for the purpose of assisting the vendor in

making accurate and timely disbursements.

(5) Any contract with a private vendor, in addition to sufficient cus-

tomer service staff during regular business hours, shall require 24-hour

access by obligors and obligees to payment files which show status of

receipts and disbursements, including, but not limited to, date of receipt

by the vendor, date of processing by the vendor and date of mailing to

the obligee.

(6) Any contract with a private vendor shall provide that the central

unit be known as the Kansas payment center. The name ``Kansas payment

center'' shall be reserved for use by the state of Kansas for the functions

of the central unit and shall not be used by any private entity for the

collection of support funds.

(7) Any contract with a private vendor shall provide that the vendor

create a standardized form that shall accompany all payments made to

the central unit for new orders effective on and after January 1, 2002.

Such form shall contain the information necessary to assist in the dis-

bursement of such payments.

(c) The Kansas supreme court, by court rule, shall establish the pro-

cedure for the creation, maintenance and correction of official child sup-

port and maintenance records for use as official court records.

(d) The department shall collaborate with the Kansas supreme court

to establish the central unit for collection and disbursement of support

payments, which shall include, but is not limited to, all support payments

subject to the requirements of title IV-D. Upon designation by the Kansas

supreme court, the central unit for collection and disbursement of sup-

port payments shall commence operations with respect to support orders

entered in each county as provided in a schedule adopted or approved

by the supreme court or the supreme court's designee.

(e) When the central unit for collection and disbursement of support

payments commences operations with respect to a county, any provision

in any child support order or income withholding order entered in that

county which requires remittance of support payments to the clerk of the

district court or district court trustee shall be deemed to require remit-

tance of support payments to the central unit for collection and disburse-

ment of support payments, regardless of the date the child support or

income withholding order was entered.

(f) As used in this section, ``child support order'' includes any order

for maintenance of a spouse or ex-spouse issued in conjunction with a

child support order.

(g) Any unmatched funds which remain unmatched one year after

the transfer and after a good faith effort has been made to find the obligee

shall be deposited with the state treasurer in accordance with the un-

claimed property act.

(h) The provisions of this section shall expire on July 1, 2003.

Sec. 2. K.S.A. 74-99a01 and K.S.A. 2002 Supp. 23-4,118 are hereby

repealed.

Sec. 3. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 21, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003