Session of 1997
HOUSE BILL No. 2470
By Representatives Flora, Bradley, Crow, Hutchins, Kirk,
Nichols, Packer, Phelps, Ruff, Sawyer, Storm and
9 AN ACT concerning costs; relating to debts owed to courts; amending
10 K.S.A. 1996 Supp. 75-719 and repealing the existing section.
12 Be it enacted by the Legislature of the State of Kansas:
13 New Section 1. (a) Clerks of the district court and court trustees
14 authorized to transact financial matters for a district court, subject to
15 conditions set out in this section, are hereby authorized to accept payment
16 of fees, docket fees, child support, maintenance, fines and restitution by
17 bank card draft from any valid and unexpired credit card issued by a bank
18 card company approved by the office of judicial administration.
19 (b) If any of the approved bank card issuers redeem the bank card
20 draft at a discounted rate, such discount shall be charged against the
21 portion of the payment allotted to the clerk's fees, the state, of, if the
22 payment is in the nature of support the discount shall be paid from the
23 court trustee's operating fund if one has been established in the county.
24 Any discount from the face value of a bank card draft shall not exceed
25 3%. Clerks and court trustees, subject to conditions set out in this section,
26 may be authorized to either receive or make payments through the me-
27 dium of electronic fund transfers.
28 Sec. 2. K.S.A. 1996 Supp. 75-719 is hereby amended to read as fol-
29 lows: 75-719. (a) The attorney general is authorized to enter into contracts
30 in accordance with this section for collection services for debts owed to
31 courts or restitution owed under an order of restitution.
32 (b) As used in this section:
33 (1) ``Beneficiary under an order of restitution'' means the victim or
34 victims of a crime to whom a district court has ordered restitution be
36 (2) ``contracting agent'' means a person, firm, agency or other entity
37 who contracts hereunder to provide collection services;
38 (3) ``cost of collection'' means the fee specified in contracts hereunder
39 to be paid to or retained by a contracting agent for collection services.
40 ``Cost of collection'' also includes any filing fee required under K.S.A. 60-
41 4303 and amendments thereto or administrative costs prescribed by the
42 attorney general pursuant to rules and regulations; and
1 (4) ``debts owed to courts'' means any assessment of court costs, fines,
2 fees or other charges which a district court judgment has ordered to be
3 paid to the court, and which remain unpaid in whole or in part, and
4 includes any interest or penalties on such unpaid amounts as provided
5 for in the judgment or by law. ``Debts owed to courts'' also includes the
6 cost of collection when collection services of a contracting agent here-
7 under are utilized.
8 (c) (1) Contracts authorized by this section may be entered into with
9 state or federal agencies or political subdivisions of the state of Kansas,
10 including contracts for participation in the collection program authorized
11 by K.S.A. 75-6201 et seq. and amendments thereto. Such contracts also
12 may be entered into with private firms or individuals selected by a pro-
13 curement negotiation committee in accordance with K.S.A. 75-37,102
14 and amendments thereto, except that the attorney general shall designate
15 a representative to serve as the chief administrative officer member of
16 such committee and that the other two members of such committee shall
17 be designated by the director of purchases and the judicial administrator.
18 (2) Prior to negotiating any contract for collection services, this pro-
19 curement negotiation committee shall advertise for proposals, negotiate
20 with firms and individuals submitting proposals and select among those
21 submitting such proposals the party or parties to contract with for the
22 purpose of collection services.
23 (3) The attorney general may adopt rules and regulations as deemed
24 appropriate for the administration of this section, including procedures
25 to be used in the negotiation and execution of contracts pursuant to this
26 section and procedures to be followed by those who utilize collection
27 services under such contracts.
28 (4) For purposes of this section, the agencies, firms or individuals
29 with whom contracts are entered under this section shall be known as
30 contracting agents. The attorney general shall publish a list of the con-
31 tracting agents for use by courts or beneficiaries under orders of resti-
32 tution who desire to utilize the collection services of such agents.
33 (5) Each contract entered pursuant to this section shall provide for a
34 fee to be paid to or retained by the contracting agent for collection serv-
35 ices. Such fee shall be designated as the cost of collection hereunder, and
36 shall not exceed 33% of the amount of the debt to be collected. The cost
37 of collection shall be
deducted from the amount collected and shall not
38 be in addition to the debts owed to courts or restitution.
39 (d) Judicial districts of the state of Kansas are authorized to utilize
40 the collection services of contracting agents pursuant to this section for
41 the purpose of collecting all outstanding debts owed to courts. Subject to
42 rules and orders of the Kansas supreme court, each judicial district may
43 establish by local rule guidelines for the compromise of court costs, fines,
1 attorney fees and other charges assessed in district court cases.
2 (e) Any beneficiary under an order of restitution entered by a court
3 after this section takes effect is authorized to utilize the collection services
4 of contracting agents pursuant to this section for the purpose of collecting
5 all outstanding amounts owed under such order of restitution.
6 (f) Contracts entered hereunder shall provide for the payment of any
7 amounts collected to the clerk of the district court for the court in which
8 the debt being collected originated. In accounting for amounts collected
9 from any person pursuant to this section, the district court clerk shall
10 credit the person's amount owed in the amount of the gross proceeds
11 collected and shall reduce the amount owed by any person by that portion
12 of any payment which constitutes the cost of collection pursuant to this
14 (g) With the appropriate cost of collection paid to the contracting
15 agent as agreed upon in the contract hereunder, the clerk shall then
16 distribute amounts collected hereunder as follows:
17 (1) When collection services are utilized pursuant to subsection (d),
18 all amounts shall be applied against the debts owed to the court as spec-
19 ified in the original judgment creating the debt;
20 (2) when collection services are utilized pursuant to subsection (e),
21 all amounts shall be paid to the beneficiary under the order of restitution
22 designated to receive such restitution, except where that beneficiary has
23 received recovery from the Kansas crime victims compensation board and
24 such board has subrogation rights pursuant to K.S.A. 74-7312 and amend-
25 ments thereto, in which case all amounts shall be paid to the board until
26 its subrogation lien is satisfied.
27 (h) Whenever collection services are being utilized against the same
28 debtor pursuant to both subsections (d) and (e), any amounts collected
29 by a contracting agent shall be first applied to satisfy subsection (e) debts,
30 debts pursuant to an order of restitution. Upon satisfaction of all such
31 debts, amounts received from the same debtor shall then be applied to
32 satisfy subsection (d) debts, debts owed to courts.
33 Sec. 3. K.S.A. 1996 Supp. 75-719 is hereby repealed.
34 Sec. 4. This act shall take effect and be in force from and after its
35 publication in the statute book.