Session of 1997
HOUSE BILL No. 2465
By Representatives Landwehr, Compton, P. Long and
9 AN ACT concerning child support; relating to arrearages; amending
10 K.S.A. 1996 Supp. 32-937 and 60-2403 and repealing the existing
13 Be it enacted by the Legislature of the State of Kansas:
14 New Section 1. If the court in any support enforcement proceeding
15 finds that any person owes arrearages in an amount equal to or greater
16 than the amount of support payable for six months or the obligor has
17 been ordered by the court to pay a sum certain each month toward the
18 liquidation of the arrearages and the obligor has substantially failed to
19 abide by that order, the court may restrict the person's driving privileges
20 as provided in K.S.A. 8-292, and amendment thereto.
21 New Sec. 2. (a) Except as otherwise provided in K.S.A. 32-937, and
22 amendments thereto, it is unlawful for any person to obtain or possess a
23 big game permit and game tags, issued pursuant to K.S.A. 32-937, and
24 amendments thereto, if such person:
25 (1) Owed arrearages under a support order, including a support order
26 in a title IV-D case being administered by the secretary of social and
27 rehabilitation services; or
28 (2) had outstanding a warrant or subpoena, directed to such person,
29 in a support order arrearages case, including a title IV-D case being ad-
30 ministered by the secretary of social and rehabilitation services.
31 (b) ``Title IV-D'' means part D of title IV of the federal social security
32 act, 42 U.S.C. 651 et seq., and amendments thereto, relating to child
33 support enforcement services.
34 (c) This section shall be part of and supplemental to the wildlife and
35 parks laws pursuant to chapter 32 of the Kansas Statutes Annotated, and
36 amendments thereto.
37 Sec. 3. K.S.A. 1996 Supp. 32-937 is hereby amended to read as fol-
38 lows: 32-937. (a) When used in this section:
39 (1) ``Landowner'' means a resident owner of farm or ranch land of
40 80 acres or more located in the state of Kansas.
41 (2) ``Tenant'' means a resident of this state who is actively engaged
42 in the agricultural operation of 80 acres or more of Kansas farm or ranch
43 land for the purpose of producing agricultural commodities or livestock
1 and who: (A) Has a substantial financial investment in the production of
2 agricultural commodities or livestock on such farm or ranch land and the
3 potential to realize substantial financial benefit from such production; or
4 (B) is a bona fide manager having an overall responsibility to direct, su-
5 pervise and conduct such agricultural operation and has the potential to
6 realize substantial benefit from such production in the form of salary,
7 shares of such production or some other economic incentive based upon
8 such production.
9 (3) ``Regular season'' means a statewide big game hunting season au-
10 thorized annually which may include one or more seasons restricted to
11 specific types of equipment.
12 (4) ``Special season'' means a big game hunting season in addition to
13 a regular season authorized on an irregular basis or at different times of
14 the year other than the regular season.
15 (5) ``General permit'' means a big game hunting permit available to
16 Kansas residents not applying for big game permits as a landowner or
18 (6) ``Nonresident landowner'' means a nonresident of the state of
19 Kansas who owns farm or ranch land of 80 acres or more which is located
20 in the state of Kansas.
21 (7) ``Nonresident permit'' means a big game hunting permit available
22 to individuals who are not Kansas residents.
23 (b) Except as otherwise provided by law or rules and regulations of
24 the secretary and in addition to any other license, permit or stamp re-
25 quired by law or rules and regulations of the secretary, a valid big game
26 permit and game tags are required to take any big game in this state.
27 (c) The fee for big game permits and game tags shall be the amount
28 prescribed pursuant to K.S.A. 32-988, and amendments thereto.
29 (d) A big game permit and game tags are valid throughout the state
30 or such portion thereof as provided by rules and regulations adopted by
31 the secretary in accordance with K.S.A. 32-805 and amendments thereto.
32 (e) Unless otherwise provided by law or rules and regulations of the
33 secretary, a big game permit and game tags are valid from the date of
34 issuance and shall expire at the end of the season for which issued.
35 (f) The secretary may adopt, in accordance with K.S.A. 32-805, and
36 amendments thereto, rules and regulations for each regular or special big
37 game hunting season and for each management unit regarding big game
38 permits and game tags. Except as provided in section 2, the secretary is
39 hereby authorized to issue big game permits and game tags pertaining to
40 the taking of big game. Separate big game permits and game tags may be
41 issued for each species of big game. No big game permits or game tags
42 shall be issued until the secretary has established, by rules and regulations
43 adopted in accordance with K.S.A. 32-805, and amendments thereto, a
1 regular or special big game hunting season.
2 (g) The secretary may authorize, by rule and regulation adopted in
3 accordance with K.S.A. 32-805, and amendments thereto, landowner or
4 tenant hunt-on-your-own-land big game permits. Such permits shall not
5 be subject to section 2. Such permits and applications may contain pro-
6 visions and restrictions as prescribed by rule and regulation adopted by
7 the secretary in accordance with K.S.A. 32-805, and amendments thereto.
8 (h) The secretary may authorize, by rule and regulation adopted in
9 accordance with K.S.A. 32-805 and amendments thereto, special land-
10 owner or tenant hunt-on-your-own-land deer permits. Such special per-
11 mits shall not be subject to section 2. Such special permits shall not be
12 issued to landowners or tenants in possession of a hunt-on-your-own-land
13 deer permit as authorized in subsection (g). The special permits shall be
14 transferable to any immediate family member of the landowner or tenant,
15 whether or not a Kansas resident, or the permit may be retained for use
16 by the landowner or tenant. The special permits shall be transferable
17 through the secretary at the request of the landowner or tenant and by
18 paying the required fee for a general or nonresident deer permit and the
19 additional payment of the permit transfer fee. The special permits and
20 applications may contain provisions and restrictions as prescribed by rule
21 and regulation adopted by the secretary in accordance with K.S.A. 32-
22 805 and amendments thereto. For the purposes of this subsection, ``mem-
23 ber of the immediate family'' means lineal ascendants or descendants,
24 and their spouses.
25 (i) Fifty percent of the big game permits authorized for a regular
26 season in any management unit shall be issued to landowners or tenants,
27 provided that a limited number of big game permits have been authorized
28 and landowner or tenant hunt-on-your-own-land big game permits for
29 that unit have not been authorized. A landowner or tenant is not eligible
30 to apply for a big game permit as a landowner or as a tenant in a man-
31 agement unit other than the unit or units which includes such landowner's
32 or tenant's land. Any big game permits not issued to landowners or ten-
33 ants within the time period prescribed by rule and regulation may be
34 issued without regard to the 50% limitation.
35 (j) Members of the immediate family who are domiciled with a land-
36 owner or tenant may apply for a big game permit as a landowner or as a
37 tenant, but the total number of permits issued to a landowner or tenant
38 and a landowner's or tenant's immediate family shall not exceed one per-
39 mit for each 80 acres owned by such landowner or operated by such
40 tenant. Such permits shall not be subject to section 2. The secretary may
41 require proof of ownership or tenancy from individuals applying for a big
42 game permit as a landowner or as a tenant.
43 (k) The secretary may issue permits for deer or turkey to nonresident
1 landowners, but any such permit shall be restricted to hunting only on
2 lands owned by the nonresident landowner.
3 (l) The secretary may issue turkey hunting permits to nonresidents
4 in turkey management units with unlimited turkey hunting permits avail-
6 (m) The secretary may issue deer hunting permits to nonresidents,
7 subject to the following limitations:
8 (1) The total number of nonresident deer firearm permits issued for
9 a deer season in a management unit shall not exceed 5% of the total
10 number of resident deer firearm permits authorized for such season in
11 such management unit; and
12 (2) the total number of nonresident deer archery permits issued for
13 a deer season in a management unit shall not exceed 5% of the total
14 number of resident deer archery permits authorized for such season in
15 such management unit.
16 If an unlimited number of resident deer permits is authorized for a
17 deer season or management unit, the percentage limitations of subsec-
(l)(1) and (l)(2) (m)(1) and (m)(2) shall be based upon the total
19 number of resident firearm permits and the total number of archery per-
20 mits, respectively, issued in the management unit during the most recent
21 preceding similar season. Notwithstanding the foregoing provisions of this
22 subsection, nonresident firearm deer permits of a particular type and
23 nonresident archery deer permits of a particular type may be issued in a
24 firearms management unit only if resident firearm permits of such type
25 remained unissued after the close of the previous year's first permit se-
26 lection process in that management unit.
27 (n) Any recipient of a nonresident deer hunting permit as authorized
28 under subsection (l) (m) shall be ineligible to apply for or to receive a
29 nonresident deer hunting permit for any deer season established for the
30 following year.
31 (o) No big game permit issued to a person under 14 years of age shall
32 be valid until such person reaches 14 years of age, except that a wild
33 turkey firearm permit may be issued to any individual who is 12 years of
34 age or older but is under 14 years of age if the individual has been issued
35 a certificate of completion of an approved hunter education course. Such
36 turkey firearm permit shall be valid only while the individual is hunting
37 under the immediate supervision of an adult who is 21 years of age or
39 (p) A big game permit shall state the species, number and sex of the
40 big game which may be killed by the permittee. The secretary may furnish
41 an informational card with any big game permit and, at the conclusion of
42 the open season, each permittee receiving such card shall return the card
43 to the department, giving such information as is called for on the card.
1 (q) The permittee shall permanently affix the game tag to the carcass
2 of any big game immediately after killing and thereafter, if required by
3 rules and regulations, the permittee shall immediately take such killed
4 game to a check station as required in the rules and regulations, where a
5 check station tag shall be affixed to the game carcass if the kill is legal.
6 The tags shall remain affixed until the carcass is consumed or processed
7 for storage.
8 (r) The provisions of this section do not apply to big game animals
9 sold in surplus property disposal sales of department exhibit herds or big
10 game animals legally taken outside this state.
11 Sec. 4. K.S.A. 1996 Supp. 60-2403 is hereby amended to read as
12 follows: 60-2403. (a) (1) Except as provided in subsection (d), if a renewal
13 affidavit is not filed or if execution, including any garnishment proceeding,
14 support enforcement proceeding or proceeding in aid of execution, is not
, within five years from the date of the entry of any judgment in
16 any court of record in this state, including judgments in favor of the state
17 or any municipality in the state, or within five years from the date of any
18 order reviving the judgment or, if five years have intervened between the
19 date of the last renewal affidavit filed or execution proceedings under-
20 taken on the judgment and the time of filing another renewal affidavit or
21 undertaking execution proceedings on it, the judgment, including court
22 costs and fees therein shall become dormant, and shall cease to operate
23 as a lien on the real estate of the judgment debtor. Except as provided
24 in subsection (b), when a judgment becomes and remains dormant for a
25 period of two years, it shall be the duty of the clerk of the court to release
26 the judgment of record when requested to do so.
27 (2) A ``renewal affidavit'' is a statement under oath, signed by the
28 judgment creditor or the judgment creditor's attorney, filed in the pro-
29 ceedings in which the judgment was entered and stating the remaining
30 balance due and unpaid on the judgment.
31 (3) A ``support enforcement proceeding'' means any civil proceeding
32 to enforce any judgment for payment of child support or maintenance
33 and includes, but is not limited to, any income withholding proceeding
34 under the income withholding act, K.S.A. 23-4,105 through 23-4,118 23-
35 4,123 and amendments thereto, or the interstate income withholding act,
36 K.S.A. 23-4,125 through 23-4,137 and amendments thereto, any con-
37 tempt proceeding and any civil proceeding under the revised uniform
38 reciprocal enforcement of support act (1968), K.S.A. 23-457 et seq. and
39 amendments thereto, and any civil proceeding under the uniform inter-
40 state family support act, K.S.A. 23-9,101 et seq. and amendments thereto.
41 (b) (1) If a child support judgment for the support of a child becomes
42 dormant before the child's emancipation, it shall be the duty of the clerk
43 of the court to release the judgment of record when requested to do so
1 only if the judgment has remained dormant for the period prior to the
2 child's emancipation plus two years. When, after the child's emancipation,
3 a child support judgment
for the support of a child becomes and remains
4 dormant for a period of two years, it shall be the duty of the clerk of the
5 court to release the judgment of record when requested to do so.
6 (2) The provisions of this subsection shall apply only to those child
7 support judgments which have not become void as of July 1, 1988.
8 (c) The time within which action must be taken to prevent a judgment
9 from becoming dormant does not run during any period in which the
10 enforcement of the judgment by legal process is stayed or prohibited.
11 (d) If a renewal affidavit is not filed or if execution is not issued,
12 within 10 years from the date of the entry of any judgment of restitution
13 in any court of record in this state, the judgment, including court costs
14 and fees therein shall become dormant, and shall cease to operate as a
15 lien on the real estate of the judgment debtor. Except as provided in
16 subsection (b), when a judgment becomes and remains dormant for a
17 period of two years, it shall be the duty of the clerk of the court to release
18 the judgment of record when requested to do so.
19 (e) (1) Past due child support is owed until it is paid in full and it is
20 not subject to a statute of limitations.
21 (2) The provisions of this subsection shall apply only to those child
22 support judgments which have not become dormant as of July 1, 1997.
23 Sec. 5. K.S.A. 1996 Supp. 32-937 and 60-2403 are hereby repealed.
24 Sec. 6. This act shall take effect and be in force from and after its
25 publication in the statute book.