Session Law

Identifying Information:L. 2001 ch. 195
Other Identifying Information:2001 House Bill 2508
Tax Type:Other
Brief Description:An Act concerning child support enforcement; establishing the Kansas payment center; income withholding; amending K.S.A. 23-4,136, 38-1121, 38-1123 and 60-2803 and K.S.A. 2000 Supp. 23-497, 23-4,106, 23-4,107, 23-4,108, 23-4,118, 60-1610, 60-2308 and section 130 of 2001 Senate Bill No. 57 and repealing the existing sections.
Keywords:


Body:

CHAPTER 195

HOUSE BILL No. 2508

(Amends Chapter 144)


An Act concerning child support enforcement; establishing the Kansas payment center;

income withholding; amending K.S.A. 23-4,136, 38-1121, 38-1123 and 60-2803 and

K.S.A. 2000 Supp. 23-497, 23-4,106, 23-4,107, 23-4,108, 23-4,118, 60-1610, 60-2308

and section 130 of 2001 Senate Bill No. 57 and repealing the existing sections.




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

Section 1. On and after July 1, 2001, K.S.A. 2000 Supp. 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 arrearage 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.

(c) ``Health benefit plan'' means any benefit plan, other than public

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.

(d) ``Income'' means any form of periodic payment to an individual,

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.

(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.

(f) ``Medical child support order'' means an order requiring a parent

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.

(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.

(h) ``Nonparticipating parent'' means, if one parent is a participating

parent as defined in this section, the other parent.

(i) ``Obligee'' means the person or entity to whom a duty of support is

owed.

(j) ``Obligor'' means any person who owes a duty to make payments or

provide health benefit coverage under an order for support.

(k) ``Order for support'' means any order of a court, or of an adminis-

trative agency authorized by law to issue such an order, which provides

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 modifi-

cation or resumption of a previously existing order; payment of uninsured

medical expenses; payment of an arrearage accrued under a previously

existing order; a reimbursement order, including but not limited to an

order established pursuant to K.S.A. 39-718a or 39-718b, and amend-

ments thereto; an order established pursuant to K.S.A. 23-451 et seq. and

amendments thereto; or a medical child support order.

(l) ``Participating parent'' means a parent who is eligible for single cov-

erage under a health benefit plan as defined in this section, regardless of

the type of coverage actually in effect, if any.

(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.

(n) ``Public office'' means any elected or appointed official of the state

or any political subdivision or agency of the state, or any subcontractor

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, in-

cluding but not limited to the department of social and rehabilitation

services, court trustees, county or district attorneys and other subcon-

tractors.

(o) ``Title IV-D'' means part D of title IV of the federal social security

act (42 U.S.C. § 651 et seq.) and amendments thereto, as in effect on

May 1, 1997 December 31, 1999. ``Title IV-D cases'' means those cases

required by title IV-D to be processed by the department of social and

rehabilitation services under the state's plan for providing title IV-D serv-

ices.

Sec. 2. On and after July 1, 2001, K.S.A. 2000 Supp. 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 or electronic 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 obli-

gor's social security number; (4) the obligor's work location; (5) the num-

ber of the obligor's claimed dependents; (6) the obligor's gross income;

(7) the obligor's net income; (8) an itemized statement of deductions from

the obligor's income; (9) the obligor's pay schedule; (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.

(b) It shall be the duty of any payor who has been served a copy of an

income withholding order for payment of an order for cash support that

meets the requirements of subsection (h) 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 seven business days of the time the obligor is normally paid,

the payor shall pay the amount withheld as directed by the income with-

holding agency pursuant to K.S.A. 23-4,109 and amendments thereto, 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 income was withheld from the obligor. The payor shall

pay the amounts withheld and identify each payment in the same business

day. A payor subject to more than one income withholding order payable

to the same payee may combine the amounts withheld into a single pay-

ment, but only if the amount attributable to each income withholding

order is clearly identified. 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. §

1673(b)). If amounts of earnings required to be withheld exceed the max-

imum amount of earnings which may be withheld according to the con-

sumer credit protection act, priority shall be given to payment of current

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 limitations.

(g) The payor shall promptly notify the 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) A payor who complies with a copy of 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.

As used in this section, ``regular on its face'' means a completed document

in the standard format for any income withholding notice that has been

adopted by the United States secretary of health and human services in

a final rule or a certified copy of the income withholding order.

(i) Except as provided further, if any payor violates the provisions of

this act, the court may enter a judgment against the payor for the total

amount which should have been withheld and paid over. 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. If the payor, without good cause, fails

to pay over the income and identify each payment in the same business

day, the court shall enter a judgment against the payor and in favor of

the obligee for twice the amount of the cost recovery fee, as established

in subsection (e), per obligor.

(j) In addition to any judgment authorized by subsection (i), a payor

shall be subject to a civil penalty not exceeding $500 and 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 withholding and the obliga-

tions 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. 3. K.S.A. 2000 Supp. 23-4,118 is hereby amended to read as fol-

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

designated as the state income withholding agency in title IV-D cases.

For the purpose of keeping adequate records to document, track and

monitor support payments in title IV-D cases and for the purpose of

initiating the income withholding process in such cases, the department

may contract for the performance of all or a portion of the withholding

agency function with existing title IV-D contractors or any newly created

entity capable of providing such services.

(b) In all other cases, except as otherwise provided in this subsection,

the clerk of the district court is designated as the income withholding

agency for the purpose of keeping adequate records to allow the obligor

and obligee to track and monitor support payments. If a district court

trustee has been designated by the chief judge to receive, process and

maintain records for moneys received under support orders, the district

court trustee is designated as the income withholding agency for non-IV-

D cases in the judicial district. The department of social and rehabilitation

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

for collection and disbursement of support payments to meet the require-

ments of title IV-D.

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

lishment 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 condi-

tions 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 pen-

alty, $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 pay-

ments, 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 support

payments shall commence operations with respect to support orders en-

tered 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. 4. On and after July 1, 2001, K.S.A. 23-4,136 is hereby amended

to read as follows: 23-4,136. Any person who is the obligor under a sup-

port order of another jurisdiction may obtain voluntary income withhold-

ing by filing with the court a request for an income withholding order

and a certified copy of the support order of the other jurisdiction. The

court shall issue an income withholding order, as provided in subsection

(i) of K.S.A. 23-4,107 and amendments thereto, which shall be honored

by any payor regardless of whether there is an arrearage. In such a case,

payments shall be made from the payor or the clerk of the court to the

agency for distribution to the obligee.

Sec. 5. On and after July 1, 2001, K.S.A. 38-1121 is hereby amended

to read as follows: 38-1121. (a) The judgment or order of the court de-

termining the existence or nonexistence of the parent and child relation-

ship is determinative for all purposes, but if any person necessary to de-

termine 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 including 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-

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, residency and parenting time as the court con-

siders to be in the best interest of the child.

If the parties have an agreed parenting plan it shall be presumed the

agreed parenting plan is in the best interest 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 agreed parenting plan is

not in the best interest of the child. If the parties are not in agreement

on a parenting plan, each party shall submit a proposed parenting plan

to the court for consideration at such time before the final hearing as may

be directed by the court.

(e) In entering an original order for support of a child under this sec-

tion, the court may award an additional judgment to reimburse the ex-

penses 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 ordered in payment and duration

of such payments, a court enforcing the obligation of support shall con-

sider all relevant facts including, 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.

(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 both parents.

(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 parenting time pursuant to this section may be

enforced in accordance with K.S.A. 23-701, and amendments thereto, or

under the uniform child custody jurisdiction and enforcement act.

Sec. 6. On and after July 1, 2001, K.S.A. 38-1123 is hereby amended

to read as follows: 38-1123. (a) If existence of the father and child rela-

tionship has been determined and payment of support is ordered under

prior law, the court may order support and any related expenses to be

paid through the clerk of the court or district court trustee the central

unit for collection and disbursement of support payments designated pur-

suant to K.S.A. 23-4,118, and amendments thereto. If payment of support

is ordered under this act, the court shall require such support and any

related expense to be paid through the clerk of the court or the court

trustee central unit for collection and disbursement of support payments

designated pursuant to K.S.A. 23-4,118, and amendments thereto.

(b) The provisions of K.S.A. 23-4,107 the Kansas income withholding

act, K.S.A. 23-4,105 through K.S.A. 23-4,123, and amendments thereto,

shall apply to orders of support issued under this act or under the pred-

ecessor to this act.

(c) Willful failure to obey the judgment or order of the court is a civil

contempt of the court. All remedies for the enforcement of judgments

apply.

Sec. 7. On and after July 1, 2001, K.S.A. 2000 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

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 Except for good cause shown, 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 central unit for collection and disbursement of support pay-

ments designated pursuant to K.S.A. 23-4,118, and amendments thereto.

A written agreement between the parties to make direct child support

payments to the obligee and not pay through the central unit shall con-

stitute good cause, unless the court finds the agreement is not in the best

interest of the child or children. The obligor shall file such written agree-

ment with the court. The obligor shall maintain written evidence of the

payment of the support obligation and, at least annually, shall provide

such evidence to the court and the obligee. If the divorce decree of the

parties provides for an abatement of child support during any period

provided in such decree, the child support such nonresidential parent

owes for such period shall abate during such period of time, except that

if the residential parent shows that the criteria for the abatement has not

been satisfied there shall not be an abatement of such child support.

(2) Child custody and residency. (A) Changes in custody. Subject to

the provisions of the uniform child custody jurisdiction and enforcement

act (K.S.A. 38-1336 through 38-1377, and amendments thereto), the

court may change or modify any prior order of custody, residency, visi-

tation and parenting time, when a material change of circumstances is

shown, but no ex parte order shall have the effect of changing residency

of a minor child from the parent who has had the sole de facto residency

of the child to the other parent unless there is sworn testimony to support

a showing of extraordinary circumstances. If an interlocutory order is

issued ex parte, the court shall hear a motion to vacate or modify the

order within 15 days of the date that a party requests a hearing whether

to vacate or modify the order.

(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 cus-

tody or residency of a child in accordance with the best interests of the

child.

(A) If the parties have entered into a parenting plan, it shall be pre-

sumed that the agreement is in the best interests of the child. This pre-

sumption may be overcome and the court may make a different order if

the court makes specific findings of fact stating why the agreed parenting

plan is not in the best interests of the child.

(B) In determining the issue of child custody, residency and parenting

time, 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, sib-

lings 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 appreciate

the bond between the child and the other parent and to allow for a con-

tinuing 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 legal custodial arrangements. Subject to the provisions of

this article, the court may make any order relating to custodial arrange-

ments which is in the best interests of the child. The order shall provide

one of the following legal custody arrangements, in the order of prefer-

ence:

(A) Joint legal custody. The court may order the joint legal custody of

a child with both parties. In that event, the parties shall have equal rights

to make decisions in the best interests of the child.

(B) Sole legal custody. The court may order the sole legal custody of a

child with one of the parties when the court finds that it is not in the best

interests of the child that both of the parties have equal rights to make

decisions pertaining to the child. If the court does not order joint legal

custody, the court shall include on the record specific findings of fact

upon which the order for sole legal custody is based. The award of sole

legal custody to one parent shall not deprive the other parent of access

to information regarding the child unless the court shall so order, stating

the reasons for that determination.

(5) Types of residential arrangements. After making a determination of

the legal custodial arrangements, the court shall determine the residency

of the child from the following options, which arrangement the court must

find to be in the best interest of the child. The parties shall submit to the

court either an agreed parenting plan or, in the case of dispute, proposed

parenting plans for the court's consideration. Such options are:

(A) Residency. The court may order a residential arrangement in which

the child resides with one or both parents on a basis consistent with the

best interests of the child.

(B) Divided residency. In an exceptional case, the court may order a

residential arrangement in which one or more children reside with each

parent and have parenting time with the other.

(C) Nonparental residency. If during the proceedings the court deter-

mines that there is probable cause to believe that 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 or that neither parent is fit to have residency,

the court may award temporary residency of the child to a grandparent,

aunt, uncle or adult sibling, or, another person or agency if the court finds

the award of custody to such person or agency is in the best interests of

the child. In making such a residency order, the court shall give prefer-

ence, to the extent that the court finds it is in the best interests of the

child, first to awarding such residency to a relative of the child by blood,

marriage or adoption and second to awarding such residency to another

person with whom the child has close emotional ties. The court may make

temporary orders for care, support, education and visitation that it con-

siders appropriate. Temporary residency 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 de-

termination under the Kansas code for care of children. An award of

temporary residency 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 temporary residency of the

child to an agency or a person other than the parent, 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 pursuant to K.S.A. 38-1581 and amendments thereto. The costs of

the proceedings 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.

(b) Financial matters. (1) Division of property. The decree shall divide

the real and personal property of the parties, including any retirement

and pension plans, whether owned by either spouse prior to marriage,

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

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. Except for good cause shown, every

order requiring payment of maintenance 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 central unit for collection

and disbursement of support payments designated pursuant to K.S.A. 23-

4,118, and amendments thereto. A written agreement between the parties

to make direct maintenance payments to the obligee and not pay through

the central unit shall constitute good cause. If child support and mainte-

nance payments are both made to an obligee by the same obligor, and if

the court has made a determination concerning the manner of payment

of child support, then maintenance payments shall be paid in the same

manner.

(3) Separation agreement. If the parties have entered into a separation

agreement which the court finds to be valid, just and equitable, the agree-

ment shall be incorporated in the decree. A separation agreement may

include provisions relating to a parenting plan. The provisions of the

agreement on all matters settled by it shall be confirmed in the decree

except that any provisions relating to the legal custody, residency, visita-

tion parenting time, 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 de-

cree, other than matters pertaining to the legal custody, residency, visi-

tation, parenting time, support or education of the minor children, shall

not be subject to subsequent modification by the court except: (A) As

prescribed by the agreement 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 judgment of

divorce becomes final shall be voidable until the decree of divorce be-

comes 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. 8. On and after July 1, 2001, K.S.A. 2000 Supp. 60-2308 is hereby

amended to read as follows: 60-2308. (a) Money received by any debtor

as pensioner of the United States within three months next preceding the

issuing of an execution, or attachment, or garnishment process, cannot

be applied to the payment of the debts of such pensioner when it appears

by the affidavit of the debtor or otherwise that such pension money is

necessary for the maintenance of the debtor's support or a family support

wholly or in part by the pension money. The filing of the affidavit by the

debtor, or making proof as provided in this section, shall be prima facie

evidence of the necessity of such pension money for such support. It shall

be the duty of the court in which such proceeding is pending to release

all moneys held by such attachment or garnishment process, immediately

upon the filing of such affidavit, or the making of such proof.

(b) Except as provided in subsection (c), any money or other assets

payable to a participant or beneficiary from, or any interest of any partic-

ipant or beneficiary in, a retirement plan which is qualified under sections

401(a), 403(a), 403(b), 408, 408A or 409 of the federal internal revenue

code of 1986 and amendments thereto shall be exempt from any and all

claims of creditors of the beneficiary or participant. Any such plan shall

be conclusively presumed to be a spendthrift trust under these statutes

and the common law of the state. All records of the debtor concerning

such plan or arrangement and of the plan concerning the debtor's partic-

ipation in the plan or arrangement shall be exempt from the subpoena

process.

(c) Any plan or arrangement described in subsection (b) shall not be

exempt from the claims of an alternate payee under a qualified domestic

relations order. However, the interest of any and all alternate payees

under a qualified domestic relations order shall be exempt from any and

all claims of any creditor, other than the state department of social and

rehabilitation services, of the alternate payee. As used in this subsection,

the terms ``alternate payee'' and ``qualified domestic relations order'' have

the meaning ascribed to them in section 414(p) of the federal internal

revenue code of 1986 and amendments thereto.

(d) The provisions of subsections (b) and (c) shall apply to any pro-

ceeding which: (1) Is filed on or after July 1, 1986; or (2) was filed on or

after January 1, 1986, and is pending or on appeal July 1, 1986.

(e) Money held by the central unit for collection and disbursement of

support payments designated pursuant to K.S.A. 23-4,118, and amend-

ments thereto, the state department of social and rehabilitation services,

any clerk of a district court or a any district court trustee in connection

with a court order for the support of any person, whether it be the money

is identified as child support, spousal support, alimony or maintenance,

shall be exempt from execution, attachment or garnishment process.

Sec. 9. On and after July 1, 2001, K.S.A. 60-2803 is hereby amended

to read as follows: 60-2803. (a) When a money judgment rendered in a

civil action in a court of this state is satisfied, the judgment creditor or

the assignee of the judgment creditor shall file satisfaction and release of

the judgment within twenty days after receipt of written demand therefor,

sent by restricted mail as defined by K.S.A. 60-103 and amendments

thereto. Such satisfaction and release shall be filed with the clerk of the

court in which the judgment was entered and with the clerk of any other

court in which the judgment was filed.

(b) If a judgment creditor or the assignee of a judgment creditor refuses

or neglects to enter satisfaction and release of a judgment when required

by this section, such judgment creditor or assignee shall be liable to the

judgment debtor, or other interested person demanding the satisfaction

or release, in damages in the amount of one hundred dollars, together

with a reasonable attorney's fee for preparing and prosecuting the action

to recover such damages.

(c) The provisions of this section shall not apply if the judgment is

satisfied by payment through the office of the clerk of the district court,

the district court trustee or any central unit for collection and disburse-

ment of support payments designated pursuant to K.S.A. 23-4,118, and

amendments thereto.

New Sec. 10. (a) There is hereby created the central payment center

oversight commission.

(b) Commission members shall include:

(1) A district court judge whose jurisdiction includes domestic relations;

(2) a court trustee who works in child support enforcement;

(3) a district court clerk;

(4) an employer, with more than 100 employees, who provides income

withholding;

(5) an employer, with less than 10 employees, who provides income

withholding;

(6) a custodial parent who has a court order to receive child support;

(7) a noncustodial parent who is under a support order to pay child

support;

(8) a representative appointed by the governor;

(9) the state treasurer or the treasurer's designee;

(10) a representative of the office of judicial administration as an ex

officio member;

(11) the central receivables unit manager of the department of social

and rehabilitation services or the manager's designee as an ex officio

member;

(12) four members of the legislature as ex officio members. Of the four

members, one representative shall be appointed by the speaker of the

house of representatives, one representative shall be appointed by the

minority leader of the house of representatives, one senator shall be ap-

pointed by the president of the senate and one senator shall be appointed

by the minority leader of the senate;

(13) the vendor operating the central unit for the collection and dis-

bursement of support payments, pursuant to K.S.A. 23-4,118, and amend-

ments thereto, or the vendor's designee as an ex officio member; and

(14) the director of the title IV-D division or the director's designee as

an ex officio member.

(c) The legislative coordinating council shall appoint the members of

the commission under subsections (b)(1) through (b)(8) and appoint a

temporary chairperson to convene the initial meeting.

(d) The initial members of the commission shall be appointed no later

than July 1, 2001. Members shall serve terms of two years, except that

the initial terms of members under subsections (b)(5) through (b)(8) shall

be one year to provide for staggered terms for commission members.

Vacancies shall be filled in the same manner as the original appointments

and for the remainder of the unexpired term. Members whose terms have

expired shall continue to serve until their successors have been appointed.

Members shall be eligible for reappointment. The commission shall select

a chairperson, annually, from its membership. A chairperson may serve

more than one year.

(e) The commission shall meet on call of the chairperson as authorized

by the legislative coordinating council.

(f) The staff of the legislative research department, the office of the

revisor of statutes and the division of legislative administrative services

shall provide such assistance as may be requested by the commission and

to the extent authorized by the legislative coordinating council.

(g) Members of the commission attending meetings of the committee,

or attending a subcommittee meeting thereof authorized by the legislative

coordinating council, shall be paid compensation, travel expenses and

subsistence expenses or allowances as provided in K.S.A. 75-3212 and

amendments thereto.

(h) The central payment center oversight commission duties shall in-

clude, but not be limited to:

(1) Recommending to the department of social and rehabilitation serv-

ices, if appropriate, ways to improve or enhance the effectiveness of the

central unit for the collection and disbursement of support payments;

(2) recommending performance indicators for the central unit;

(3) recommending legislation which would clarify and improve state

law regarding support for children as it relates to the central unit;

(4) presenting an annual report of its activities and recommendations

to the legislative coordinating council by February 1;

(5) reviewing and making nonbinding suggestions and recommenda-

tions to the terms of any current or proposed contract with a private

vendor who is or may be operating the central unit;

(6) monitoring federal regulations relating to the central unit mandate

and evaluate any and all opportunities for appropriate waivers and options

out of the mandate;

(7) monitoring all unmatched funds in suspense status and make rec-

ommendations regarding the handling of unmatched payments in sus-

pense, whether by the state or a private vendor;

(8) monitoring the penalty provisions in any private vendor contract

and monitor the status of violations and collection of penalties;

(9) monitoring the quality of customer service;

(10) conducting public hearings in order to fulfill the oversight func-

tion, as authorized by the legislative coordinating council;

(11) reviewing the nature and extent of direct payment orders by ju-

dicial district and report: (A) On the effectiveness of orders and any

abuses occurring; and (B) on the impact on the court trustee system; and

(12) reviewing the income withholding provisions of the law and make

recommendations to accelerate the timely receipt and payment of such

withholdings.

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

Sec. 11. On and after July 1, 2001, K.S.A. 2000 Supp. 23-497 is hereby

amended to read as follows: 23-497. (a) To Except as provided further,

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 cri-

teria, not to exceed 5% of the support collected from obligors through

such office, as determined necessary by the chief judge as provided by

this section; (2) based upon the hourly cost of office operations 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 contract 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 chief judge. The board of county commissioners of

each county to which this act may apply shall provide suitable quarters

for the office of court trustee, furnish stationery and supplies, and such

furniture and equipment as shall, in the discretion of the chief judge, be

necessary for the use of the court trustee. The chief 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 payments 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 de-

posited in the court trustee operations fund.

(c) The court trustee shall not charge or collect a fee for any support

payment that is not paid through the central unit for collection and dis-

bursements of support payments pursuant to K.S.A. 23-4,118, and amend-

ments thereto.

Sec. 12. On and after July 1, 2001, K.S.A. 2000 Supp. 23-4,107 is hereby

amended to read as follows: 23-4,107. (a) Any new or modified order for

support shall include a provision for the withholding of income to enforce

the order for support.

(b) Except as otherwise provided in subsection (j), (k) or (l), all new or

modified orders for support shall provide for immediate issuance of an

income withholding order. The income withholding order shall be issued

without further notice to the obligor 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) Except as otherwise provided 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 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 income withholding order

is issued.

(d) Not less than seven days after the obligee or public office has served

a notice pursuant to subsection (h), the obligee or public office may ini-

tiate 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) that the amount 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 punishable as a contempt.

Upon the filing of the affidavit, 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 issu-

ance 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 K.S.A. 39-7,147, and amendments thereto.

Any such income withholding order shall be considered an income with-

holding 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 with-

holding order shall include notice of the medical child support order and

shall conform to the requirements of K.S.A. 23-4,121 and amendments

thereto. The medical withholding order shall include notice of and direc-

tion 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 only by personal

service or registered mail, return receipt requested.

(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 with-

held 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, 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), 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 initiate income withholding. 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 enforce-

ment of current support, the person 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 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 income that will be withheld, not including

premiums to satisfy a medical withholding order; (3) whether a medical

withholding order will be 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 act to stay issuance of the income withholding order and

that 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 withholding

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) In a nontitle IV-D case, upon presentation to the court of a

written agreement between the parties providing for an alternative ar-

rangement, no income withholding order shall be issued pursuant to sub-

section (b). In any case, 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. If child support and maintenance payments are

both made to an obligee by the same obligor, and if the court has deter-

mined that good cause has been shown that direct child support payments

to the obligee may be made, then the court shall provide for direct main-

tenance payments to the obligee and no income withholding order shall

be issued pursuant to subsection (b). In a title IV-D case, the determi-

nation that there is good cause not to require immediate income with-

holding must include a finding 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;

(D) the agreement or alternative arrangement is not in the best inter-

ests 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) 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 (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 in-

come 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 withhold-

ing order to enforce an interlocutory order pursuant to this act.

(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 issuance

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 sub-

section (h).

Sec. 13. Section 130 of 2001 Senate Bill No. 57 is hereby amended to

read as follows:

Sec. 130.


DEPARTMENT OF

SOCIAL AND REHABILITATION SERVICES


(a) There is appropriated for the above agency from the state general

fund for the fiscal year ending June 30, 2002, the following:

State operations$88,076,981
Provided, That any unencumbered balance in the state operations ac-

count in excess of $100 as of June 30, 2001, is hereby reappropriated for

fiscal year 2002: Provided further, That expenditures may be made from

this account for the purchase of professional liability insurance for phy-

sicians and dentists at any institution, as defined by K.S.A. 76-12a01 and

amendments thereto: And provided further, That expenditures from this

account for official hospitality by the secretary of social and rehabilitation

services shall not exceed $500.

Alcohol and drug abuse services grants$3,535,388
Provided, That any unencumbered balance in the alcohol and drug abuse

services grants account in excess of $100 as of June 30, 2001, is hereby

reappropriated for fiscal year 2002.

Mental health and retardation services

aid and assistance

$126,208,957
Provided, That any unencumbered balance in the mental health and re-

tardation services aid and assistance account in excess of $100 as of June

30, 2001, is hereby reappropriated for fiscal year 2002: Provided further,

That the secretary of social and rehabilitation services is authorized to

refuse to enter into contracts with ICFs/MR: And provided further, That

the secretary of social and rehabilitation services is hereby authorized and

directed to continue meeting with the directors of nursing facilities for

mental health (NF/MN facilities) and the directors of community mental

health centers and to develop a plan for reducing the reliance of the state

on NF/MN facilities and to determine the number of individuals currently

in care who are candidates for community based services: And provided

further, That the secretary of social and rehabilitation services shall not

decertify any beds prior to the plan being reviewed by the legislature

during the regular session in 2002.

Kansas neurological institute--operating expenditures$9,398,466
Provided, That any unencumbered balance in the Kansas neurological

institute--operating expenditures account in excess of $100 as of June

30, 2001, is hereby reappropriated for fiscal year 2002: Provided, how-

ever, That expenditures from such reappropriated balance shall not ex-

ceed $150 except upon approval of the state finance council: Provided

further, That expenditures from the Kansas neurological institute--op-

erating expenditures account for official hospitality by the superintendent

shall not exceed $150: And provided further, That expenditures may be

made from this account for educational services contracts which are

hereby authorized to be negotiated and entered into by Kansas neuro-

logical institute with unified school districts or other public educational

services providers: And provided further, That such educational services

contracts shall not be subject to the competitive bidding requirements of

K.S.A. 75-3739 and amendments thereto: And provided further, That

expenditures shall be made from this account to assist residents of the

institution to take personally-used items, which were constructed for use

by such residents and which are hereby authorized to be transferred to

such residents, from the institution to communities when such residents

leave the institution to reside in the communities.

Larned state hospital--operating expenditures$9,716,548
Provided, That any unencumbered balance in the Larned state hospital--

operating expenditures account in excess of $100 as of June 30, 2001, is

hereby reappropriated for fiscal year 2002: Provided, however, That ex-

penditures from such reappropriated balance shall be made only upon

approval of the state finance council: Provided further, That expenditures

from the Larned state hospital--operating expenditures account for of-

ficial hospitality by the superintendent shall not exceed $150: And pro-

vided further, That expenditures may be made from this account for ed-

ucational services contracts which are hereby authorized to be negotiated

and entered into by Larned state hospital with unified school districts or

other public educational services providers: And provided further, That

such educational services contracts shall not be subject to the competitive

bidding requirements of K.S.A. 75-3739 and amendments thereto.

Osawatomie state hospital--operating expenditures$5,592,630
Provided, That any unencumbered balance in the Osawatomie state hos-

pital--operating expenditures account in excess of $100 as of June 30,

2001, is hereby reappropriated for fiscal year 2002: Provided, however,

That expenditures from such reappropriated balance shall not exceed

$150 except upon approval of the state finance council: Provided further,

That expenditures from the Osawatomie state hospital--operating ex-

penditures account for official hospitality by the superintendent shall not

exceed $150: And provided further, That expenditures may be made from

this account for educational services contracts which are hereby author-

ized to be negotiated and entered into by Osawatomie state hospital with

unified school districts or other public educational services providers: And

provided further, That such educational services contracts shall not be

subject to the competitive bidding requirements of K.S.A. 75-3739 and

amendments thereto.

Parsons state hospital and training center--

operating expenditures

$6,201,974
Provided, That any unencumbered balance in the Parsons state hospital

and training center--operating expenditures account in excess of $100 as

of June 30, 2001, is hereby reappropriated for fiscal year 2002: Provided,

however, That expenditures from such reappropriated balance shall not

exceed $150 except upon approval of the state finance council: Provided

further, That expenditures from the Parsons state hospital and training

center--operating expenditures account for official hospitality by the su-

perintendent shall not exceed $150: And provided further, That expend-

itures may be made from this account for educational services contracts

which are hereby authorized to be negotiated and entered into by Parsons

state hospital and training center with unified school districts or other

public educational services providers: And provided further, That such

educational services contracts shall not be subject to the competitive bid-

ding requirements of K.S.A. 75-3739 and amendments thereto: And pro-

vided further, That expenditures shall be made from this account to assist

residents of the institution to take personally-used items, which were con-

structed for use by such residents and which are hereby authorized to be

transferred to such residents, from the institution to communities when

such residents leave the institution to reside in the communities.

Rainbow mental health facility--

operating expenditures

$740,473
Provided, That any unencumbered balance in the Rainbow mental health

facility--operating expenditures account in excess of $100 as of June 30,

2001, is hereby reappropriated for fiscal year 2002: Provided, however,

That expenditures from such reappropriated balance shall be made only

upon approval of the state finance council: Provided further, That ex-

penditures from the Rainbow mental health facility--operating expend-

itures account for official hospitality by the superintendent shall not ex-

ceed $150: And provided further, That expenditures may be made from

this account for educational services contracts which are hereby author-

ized to be negotiated and entered into by Rainbow mental health facility

with unified school districts or other public educational services providers:

And provided further, That such educational services contracts shall not

be subject to the competitive bidding requirements of K.S.A. 75-3739

and amendments thereto.

Children's mental health initiative$1,000,000
Provided, That no expenditures shall be made from the children's mental

health initiative account for inpatient hospital beds for children.

Children's health insurance$9,364,164
Provided, That any unencumbered balance in the children's health in-

surance account in excess of $100 as of June 30, 2001, is hereby reappro-

priated for fiscal year 2002: Provided further, That any health mainte-

nance organization which contracts with the department of social and

rehabilitation services to provide managed care physical health benefits

under the HealthWave Program and also contracts with the department

of social and rehabilitation services to provide managed care physical

health benefits under the PrimeCare Program may be eligible for en-

hanced funding under the Title XXI program.

Youth services aid and assistance$58,603,619
Provided, That any unencumbered balance in the youth services aid and

assistance account in excess of $100 as of June 30, 2001, is hereby reap-

propriated for fiscal year 2002: Provided further, That the consensus es-

timating group for the department of social and rehabilitation services

shall include foster care and adoption services in caseload estimates: And

provided further, That expenditures shall be made from the youth serv-

ices aid and assistance account in the amount of $90,000 from the com-

munity funding program subaccount for a pilot project for 100 child wel-

fare mediation cases in Wichita pursuant to a contract, which is hereby

authorized and directed to be entered into by the secretary of social and

rehabilitation services with a private contractor which shall provide

$30,000 of foundation funding for such project.

Vocational rehabilitation aid and assistance$3,440,562
Provided, That any unencumbered balance in the vocational rehabilitation

aid and assistance account in excess of $100 as of June 30, 2001, is hereby

reappropriated for fiscal year 2002: Provided further, That expenditures

may be made from this account for the acquisition of durable medical

equipment and assistive technology devices: Provided, however, That all

such expenditures for durable equipment or assistive technology devices

shall require a $1 for $1 match from non-state sources: And provided

further, That expenditures may be made from this account by the sec-

retary of social and rehabilitation services for the purchase of worker's

compensation insurance for consumers of vocational rehabilitation serv-

ices and assessments at work site and job tryout sites throughout the state.

Cash assistance$51,621,778
Provided, That any unencumbered balance in the cash assistance account

in excess of $100 as of June 30, 2001, is hereby reappropriated for fiscal

year 2002.

Community based services$36,834,437
Provided, That any unencumbered balance in the community based serv-

ices account in excess of $100 as of June 30, 2001, is hereby reappro-

priated for fiscal year 2002.

Other medical assistance$238,878,004
Provided, That any unencumbered balance in the other medical assis-

tance account in excess of $100 as of June 30, 2001, is hereby reappro-

priated for fiscal year 2002.

Sex predator program$1,301,352
Provided, That any unencumbered balance in the sex predator program

account in excess of $100 as of June 30, 2001, is hereby reappropriated

for fiscal year 2002.

(b) There is appropriated for the above agency from the following spe-

cial revenue fund or funds for the fiscal year ending June 30, 2002, all

moneys now or hereafter lawfully credited to and available in such fund

or funds, except that expenditures shall not exceed the following:

Title XIX fund$62,391,895
Provided, That all receipts resulting from payments under title XIX of

the federal social security act to any of the institutions under mental

health and retardation services may be credited to the title XIX fund:

Provided further, That moneys in the title XIX fund may be used for

expenditures for contractual services to provide for collecting additional

payments under title XVIII and title XIX of the federal social security act,

for expenditures for premiums and surcharges required to be paid for

physicians' malpractice insurance, and for transfers to the social welfare

fund.

Kansas neurological institute fee fund$984,781
Kansas neurological institute--

foster grandparents program--federal fund

No limit
Kansas neurological institute--

patient benefit fund

No limit
Kansas neurological institute--

work therapy patient benefit fund

No limit
Larned state hospital fee fund$2,747,653
Larned state hospital--

elementary and secondary education fund--federal

No limit
Larned state hospital--

vocational education fund--federal

No limit
Larned state hospital--ECIA fund--federalNo limit
Larned state hospital--canteen fundNo limit
Larned state hospital--patient benefit fundNo limit
Larned state hospital--motor pool revolving fundNo limit
Osawatomie state hospital fee fund$3,245,715
Provided, That all moneys received as fees for the use of video telecon-

ferencing equipment at Osawatomie state hospital shall be deposited to

the credit of the video teleconferencing fee account of the Osawatomie

state hospital fee fund: Provided further, That all moneys credited to the

video teleconferencing fee account shall be used solely for the servicing,

technical and program support, maintenance and replacement of associ-

ated equipment at Osawatomie state hospital: And provided further, That

any expenditures from the video teleconferencing fee account shall be in

addition to any expenditure limitation imposed on the Osawatomie state

hospital fee fund for fiscal year 2002.

Osawatomie state hospital--ECIA fund--federalNo limit
Osawatomie state hospital--canteen fundNo limit
Osawatomie state hospital--patient benefit fundNo limit
Osawatomie state hospital--work therapy patient

benefit fund

No limit
Osawatomie state hospital--motor pool revolving fundNo limit
Osawatomie state hospital--training fee revolving fundNo limit
Provided, That all moneys received as fees for training activities for Os-

awatomie state hospital shall be deposited to the credit of the Osawatomie

state hospital--training fee revolving fund: Provided further, That the

superintendent of Osawatomie state hospital is hereby authorized to fix,

charge and collect fees for training activities at Osawatomie state hospital:

And provided further, That such fees shall be fixed in order to recover

all or part of the expenses of such training activities for Osawatomie state

hospital.

Parsons state hospital and training center fee fund$997,177
Provided, That all moneys received as fees for the use of video telecon-

ferencing equipment at Parsons state hospital and training center shall

be deposited to the credit of the video teleconferencing fee account of

the Parsons state hospital and training center fee fund: Provided further,

That all moneys credited to the video teleconferencing fee account shall

be used solely for the servicing, maintenance and replacement of video

teleconferencing equipment at Parsons state hospital and training center:

And provided further, That any expenditures from the video teleconfer-

encing fee account shall be in addition to any expenditure limitation im-

posed on the Parsons state hospital and training center fee fund for fiscal

year 2002.

Parsons state hospital and training center--

canteen fund

No limit
Parsons state hospital and training center--

patient benefit fund

No limit
Parsons state hospital and training center--

work therapy patient benefit fund

No limit
Rainbow mental health facility fee fund$761,965
Rainbow mental health facility--

elementary and secondary education fund--federal

No limit
Rainbow mental health facility--patient benefit fundNo limit
Social services clearing fundNo limit
Provided, That the secretary of social and rehabilitation services shall

certify to the director of the budget on June 30, 2002, that expenditures

from the social services clearing fund for state operations did not exceed

$275,765,005 for fiscal year 2002: Provided, however, That expenditures

from the social services clearing fund for transfers or state operations for

institutions under the control of the department of social and rehabili-

tation services shall be in addition to any expenditure limitation on the

social services clearing fund: Provided further, That expenditures may be

made from this fund for fiscal year 2002 pursuant to employment incen-

tive programs which the secretary is hereby authorized to develop and

enter into with public and private employers to provide an economic

incentive to such employers to employ assistance recipients: And provided

further, That any transfer made from this fund to another state agency

pursuant to a contract with that agency shall be in addition to any ex-

penditure limitations imposed on this fund.

Social welfare fund$50,689,197
Provided, That any transfers of funds between the social welfare fund and

state institutions made by the secretary of social and rehabilitation serv-

ices during fiscal year 2002 shall be in addition to any expenditure limi-

tation imposed on this fund: Provided further, That notwithstanding the

provisions of K.S.A. 39-7,154 and amendments thereto, the child support

collection pass-through payments are hereby eliminated for FY 2002 and

no expenditures shall be made from the social welfare fund for payment

of any amounts pursuant to K.S.A. 39-7,154 and amendments thereto:

And provided further, That expenditures shall be made from the social

welfare fund to pay for the third day of emergency shelter payments for

law enforcement placements during fiscal year 2002.

Other state fees fundNo limit
Provided, That expenditures shall be made from the social welfare fund

for a grant in the amount of $15,000 for the fetal alcohol syndrome project

pursuant to a grant agreement that shall require a $1 for $1 match from

the local contractor, that local funds shall be used for prevention services

and that the contractor shall also provide all data and information required

by the secretary of social and rehabilitation services to determine the

effectiveness of the project.

Alcohol and drug abuse block grant federal fund$11,193,076
Provided, That any transfers of moneys from the alcohol and drug abuse

block grant federal fund to any other block grant fund specified in this

subsection during fiscal year 2002 shall be in addition to any expenditure

limitation imposed on this fund.

Child welfare services block grant federal fund$5,471,777
Mental health block grant federal fund$2,763,991
Social services block grant--federal fund$23,044,036
Provided, That any transfers of moneys from the social services block

grant--federal fund to any other block grant fund specified in this sub-

section during fiscal year 2002 shall be in addition to any expenditure

limitation imposed on this fund.

Child care mandatory federal fundNo limit
Provided, That any transfers from the child care mandatory federal fund

to the department of health and environment during fiscal year 2002 shall

be in addition to any expenditure limitation imposed on this fund.

Temporary assistance to needy families federal fundNo limit
Child care matching federal fundNo limit
Child care discretionary federal fundNo limit
Disability determination services federal fundNo limit
Food stamp assistance federal fundNo limit
Foster care assistance federal fundNo limit
Medical assistance federal fundNo limit
Provided, That the secretary of social and rehabilitation services is hereby

authorized and directed to apply for a medicaid waiver from the U.S.

department of health and human services for a pilot project for not more

than 300 children currently in the third grade who are performing below

average in school reading scores to be treated and receive services under

an optometric vision therapy program that will be matched with state

funding through the department of education provided in the grant to

the Kansas optometric association for vision study account of the chil-

dren's initiatives fund.

Rehabilitation services federal fundNo limit
Other federal grants and assistance fundNo limit
SRS enterprise fundNo limit
SRS trust fundNo limit
Provided, That all contributions from local entities shall be credited to

the vocational rehabilitation special revenue account of the SRS trust fund

for the purpose of providing the required state match for receipt of fed-

eral vocational rehabilitation funds: Provided further, That expenditures

may be made from the vocational rehabilitation special revenue account

of this fund for local community-based vocational rehabilitation programs.

Child support enforcement administration fundNo limit
Energy assistance block grant federal fundNo limit
Childrens health insurance federal fundNo limit
Family and children trust account--

family and children investment fund

No limit
Children's initiatives accountability fund$0
Kansas insurance coverage for children fundNo limit
State medicaid match fund--SRS$12,300,000

(c) During the fiscal year ending June 30, 2002, the secretary of social

and rehabilitation services, with the approval of the director of the budget,

may transfer any part of any item of appropriation for the fiscal year

ending June 30, 2002, from the state general fund for the department of

social and rehabilitation services or any institution or facility under the

general supervision and management of the secretary of social and re-

habilitation services to another item of appropriation for fiscal year 2002

from the state general fund for the department of social and rehabilitation

services or any institution or facility under the general supervision and

management of the secretary of social and rehabilitation services. The

secretary of social and rehabilitation services shall certify each such trans-

fer to the director of accounts and reports and shall transmit a copy of

each such certification to the legislative research department.

(d) On July 1, 2001, the superintendent of Osawatomie state hospital,

upon the approval of the director of accounts and reports, shall transfer

an amount specified by the superintendent from the Osawatomie state

hospital--canteen fund to the Osawatomie state hospital--patient benefit

fund.

(e) On July 1, 2001, the superintendent of Parsons state hospital and

training center, upon the approval of the director of accounts and reports,

shall transfer $11,000 from the Parsons state hospital and training cen-

ter--canteen fund to the Parsons state hospital and training center--

patient benefit fund.

(f) On July 1, 2001, or as soon thereafter as moneys are available, the

director of accounts and reports may transfer, in one or more amounts,

from the title XIX fund to the social welfare fund the amount specified

by the secretary of social and rehabilitation services.

(g) On July 1, 2001, or as soon thereafter as moneys are available, the

director of accounts and reports shall transfer $4,332,070 from the tem-

porary assistance to needy families federal fund to the social services block

grant--federal fund.

(h) During the fiscal year ending June 30, 2002, all moneys received

by the secretary of social and rehabilitation services, to provide an en-

dowment to provide interest earnings for the purposes for which expend-

itures may be made from the family and children trust account of the

family and children investment fund, shall be deposited in the state treas-

ury to the credit of the family and children endowment account of the

family and children investment fund.

(i) During the fiscal year ending June 30, 2002, to the extent it is de-

termined by the secretary of social and rehabilitation services to be cost

effective, the secretary of social and rehabilitation services shall apply for

and accept donations from private sources to provide an endowment to

provide interest earnings for the purposes for which expenditures may be

made from the family and children trust account of the family and chil-

dren investment fund. During the fiscal year ending June 30, 2002, upon

receipt of any such donation of moneys from private sources for deposit

in the family and children endowment account of the family and children

investment fund, the secretary of social and rehabilitation services shall

match the amount of each such donation on a $1 for $1 basis from moneys

appropriated for fiscal year 2002 for the department of social and reha-

bilitation services in accordance with this subsection. During the fiscal

year ending June 30, 2001, and to provide such matching moneys, the

secretary of social and rehabilitation services shall transfer amounts from

any available moneys appropriated for fiscal year 2002 in one or more

accounts of the state general fund or in one or more special revenue funds

of the department of social and rehabilitation services, that in the aggre-

gate are equal to the amount of moneys donated, to the family and chil-

dren endowment account of the family and children investment fund.

(j) In addition to the other purposes for which expenditures may be

made by the department of social and rehabilitation services from any

moneys appropriated from the state general fund or any special revenue

fund for the fiscal year 2002, as authorized by this or other appropriation

act of the 2001 regular session of the legislature, expenditures shall be

made by the department of social and rehabilitation services from any

such moneys appropriated for fiscal year 2002 for the receipt, crediting

and disbursement of moneys received by the department of social and

rehabilitation services for payments of support pursuant to a rule or ad-

ministrative order issued by the Kansas supreme court, which is hereby

authorized to be issued by the Kansas supreme court, directing payments

of support, which are made pursuant to any court order entered in this

state regardless of the date of the order, to be made to a central unit for

the collection and disbursement of support payments, notwithstanding

the provisions of any statute to the contrary.

(k) (j) During the fiscal year ending June 30, 2002, of the amounts

budgeted but not expended for the regular medical program from the

other medical assistance account of the state general fund, the amounts

budgeted but not expended from the mental health and retardation serv-

ices aid and assistance account of the state general fund, and the amounts

budgeted but not expended for the regular medical program from the

social welfare fund, an aggregate of $870,000 from such accounts and

such fund shall not be expended for other programs or purposes during

fiscal year 2002 and shall be expended by the above agency during fiscal

year 2003 for implementation of the medicaid buy-in program for indi-

viduals with disabilities.

(l) (k) In addition to the other purposes for which expenditures may

be made by the department of social and rehabilitation services from

moneys appropriated from the state general fund or any special revenue

fund for fiscal year 2002 as authorized by this or other appropriation act

of the 2001 regular session of the legislature, expenditures shall be made

by the department of social and rehabilitation services for fiscal year 2002

from the moneys appropriated from the state general fund or any special

revenue fund to provide information about the proposed location of a

residential alcohol and substance abuse treatment program that is pro-

posed for the provision of services under contract with the secretary of

social and rehabilitation services, to the governing body of the local gov-

ernment in which the residential alcohol and substance abuse treatment

program is proposed to be located: Provided, That, if the governing body

of the local government objects to the proposed location and the govern-

ing body actively assists the secretary of social and rehabilitation services

in identifying a suitable location for the residential alcohol and substance

abuse treatment program within the local government, with consideration

of the site selection criteria established for the location of the program

and applicable zoning and other land-use restrictions of the local govern-

ment, then, prior to entering into a contract for services with the specific

residential alcohol and substance abuse treatment program, the secretary

of social and rehabilitation services shall actively consider the views of the

governing body of the local government and the affected residents of the

local government and shall act in the best interests of the state with regard

to entering into the proposed contract with the residential alcohol and

substance abuse treatment program: Provided, however, That no such

objections by the governing body or the residents of a local government

shall prohibit the secretary of social and rehabilitation services from en-

tering into a contract for services with a residential alcohol and substance

abuse treatment program to be located within a local government: Pro-

vided further, That, as used in this subsection, ``local government'' means

any city, county or other taxing subdivision of the state having general

governance authority.

Sec. 14. K.S.A. 2000 Supp. 23-4,118 and section 130 of 2001 Senate

Bill No. 57 are hereby repealed.

Sec. 15. On and after July 1, 2001, K.S.A. 23-4,136, 38-1121, 38-1123

and 60-2803 and K.S.A. 2000 Supp. 23-497, 23-4,106, 23-4,107, 23-4,108,

60-1610 and 60-2308 are hereby repealed.

Sec. 16. This act shall take effect and be in force from and after its

publication in the Kansas register.

Approved May 21, 2000.

Published in the Kansas Register May 24, 2000.


__________




Date Composed: 09/25/2001 Date Modified: 09/25/2001