Session of 1997
HOUSE BILL No. 2486
By Committee on Federal and State Affairs
9 AN ACT concerning court trustees; relating to the powers thereof;
10 amending K.S.A. 23-492, 23-493, 23-495, 23-496, 23-497, 23-498 and
11 23-4,100 and repealing the existing sections.
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 23-492 is hereby amended to read as follows: 23-
15 492. The purpose of this act is to improve the enforcement of duties of
16 support, restitution and court debts.
17 Sec. 2. K.S.A. 23-493 is hereby amended to read as follows: 23-493.
18 As used in K.S.A. 23-492 through 23-4,100, and amendments thereto:
19 (a) ``Court'' means the district court of this state.
20 (b) ``Court debts'' means any assessment of court costs, fines, fees or
21 other charges which a district court judgment has ordered to be paid to
22 the court, and which remain unpaid in whole or in part, and includes any
23 interest or penalties on such unpaid amounts as provided for in the judg-
24 ment or by law. ``Court debts'' also includes the cost of collection when
25 collection services of a contracting agent under K.S.A. 75-719, and amend-
26 ments thereto, are utilized.
27 (c) ``Duty of restitution'' includes any duty of restitution imposed by
28 any court order, pursuant to a criminal conviction, order of assignment
29 to intensive supervised probation, order of probation, or condition of pa-
31 (2) (d) ``Duty of support'' includes any duty of support imposed by
32 any court order, decree or judgment, whether interlocutory or final,
33 whether incidental to a proceeding for divorce, separate maintenance or
35 (e) ``Restitution'' as used in this section and K.S.A. 23-495 and 23-
36 496, and amendments thereto, means any assessment of monetary re-
37 muneration owed by an obligor to an obligee as compensation for loss
38 incurred through criminal actions of the obligor which result in loss to
39 the obligee, which a district court judgment has ordered to be paid to the
40 court, and which remain unpaid in whole or in part, and includes any
41 interest or penalties on such unpaid amounts as provided for in the judg-
42 ment or by law. ``Restitution'' also includes the cost of collection when
43 collection services of a contracting agent under K.S.A. 75-719, and amend-
1 ments thereto, are utilized.
(3) (f) ``Support ,'' as used in this section and K.S.A. 23-495 and 23-
3 496, and amendments thereto, means child support, whether interlocu-
4 tory or final, and maintenance.
5 (4) (g) ``Obligor'' means any person owing a duty of support, resti-
6 tution or court debts.
7 (5) (h) ``Obligee'' means any person or entity to whom there is owed
8 a duty of support is owed, restitution or court debts.
9 Sec. 3. K.S.A. 23-495 is hereby amended to read as follows: 23-495.
10 The court trustee shall have the responsibility for collection of support
11 from the obligor upon the written request of the obligee or upon the
12 order of the court. The court trustee shall be authorized to enter into
13 contracts with the attorney general pursuant to K.S.A. 75-719, and
14 amendments thereto, for the collection of restitution and court debts.
15 Sec. 4. K.S.A. 23-496 is hereby amended to read as follows: 23-496.
16 (a) The court trustee shall be authorized and empowered to pursue all
17 civil remedies which would be available to the obligee in establishing and
18 enforcing payment of support.
19 (b) The court trustee shall be authorized and empowered to pursue
20 all civil remedies which would be available to the obligee in establishing
21 and enforcing payment of restitution and court debts.
22 (c) The court trustee may also file motions for an increase or a de-
23 crease of the amount of support on behalf of any child. Any such motion
24 to modify the amount of support shall not be heard until notice has been
25 given to the obligee, the obligor and their attorneys of record, if any.
26 (c) (d) The court trustee shall have the following additional powers
27 and duties upon approval of the administrative judge:
28 (1) To issue summonses, subpoenas and subpoenas duces tecum to
29 obligors, obligees and other witnesses who possess knowledge or books
30 and records relating to enforcement of support, restitution or court debts
31 to appear in the office of the trustee or before the district court for ex-
33 (2) to administer oaths and take sworn testimony on the record or by
35 (3) to appoint special process servers as required to carry out the
36 court trustee's responsibilities under this section; and
37 (4) to enter into stipulations, acknowledgments, agreements and jour-
38 nal entries, subject to approval of the court.
39 Sec. 5. K.S.A. 23-497 is hereby amended to read as follows: 23-497.
40 To defray the expenses of operation of the court trustee's office, the court
41 trustee is authorized to charge an amount, not to exceed 5% of the funds
42 collected from obligors through such office, as determined necessary by
43 the administrative judge as provided by this section. The court trustee is
1 authorized to charge an amount from restitution and court debts pursuant
2 to contract entered into with the attorney general as authorized by K.S.A.
3 75-719, and amendments thereto. All such amounts shall be paid to the
4 court trustee operations fund of the county where collected. There shall
5 be created a court trustee operations fund in the county treasury of each
6 county or district court of each county, in each judicial district that es-
7 tablishes the office of court trustee for the judicial district. The moneys
8 budgeted to fund the operation of existing court trustee offices and to
9 fund the start-up costs of new court trustee offices established on or after
10 January 1, 1992, whether as a result of a rule adopted pursuant to K.S.A.
11 23-494, and amendments thereto, or because this act has created a court
12 trustee operations fund, shall be transferred from the county general fund
13 to the court trustee operations fund. The county commissioners of the
14 county or group of counties, if the judicial district consists of more than
15 one county, by a majority vote, shall decide whether the county or coun-
16 ties will have a court trustee operations fund in the county treasury or
17 the district court of each county. All expenditures from the court trustee
18 operations fund shall be made in accordance with the provisions of K.S.A.
19 23-492 et seq. and amendments thereto to enforce duties of support,
20 restitution or court debts. Authorized expenditures from the court trustee
21 operations fund may include repayment of start-up costs, expansions and
22 operations of the court trustee's office to the county general fund. The
23 court trustee shall be paid compensation as determined by the adminis-
24 trative judge. The board of county commissioners of each county to which
25 this act may apply shall provide suitable quarters for the office of court
26 trustee, furnish stationery and supplies, and such furniture and equip-
27 ment as shall, in the discretion of the administrative judge, be necessary
28 for the use of the court trustee. The administrative judge shall fix and
29 determine the annual budget of the office of the court trustee and shall
30 review and determine on an annual basis the amount necessary to be
31 charged to defray the expense of start-up costs, expansions and operations
32 of the office of court trustee. All payments made by the secretary of social
33 and rehabilitation services pursuant to K.S.A. 23-4,117 and amendments
34 thereto or any grants or other
monies moneys received which are intended
35 to further child support enforcement goals the goals of enforcement of
36 support, restitution or court debts shall be deposited in the court trustee
37 operations fund.
38 Sec. 6. K.S.A. 23-498 is hereby amended to read as follows: 23-498.
39 (a) All expenditures provided for in this act shall be paid as follows:
40 (1) In each judicial district consisting of a single county such expend-
41 iture shall be paid by the board of county commissioners or administrative
42 judge from the court trustees operations fund as provided in K.S.A. 23-
43 497 and amendments thereto.
1 (2) In each judicial district consisting of more than one county which
2 has a single court trustee operation serving all the counties in that district,
3 such expenditure shall be paid by the:
4 (A) Board of county commissioners of the county having the greatest
of child support money collected for support, restitution and
6 court debts by the court trustee's office in such district from the court
7 trustees operations fund of such county, and such board of county com-
8 missioners shall send a statement to the board of county commissioners
9 of each of the other counties in such district for a proportional amount
10 of such annual expenditures with such proportion to be based upon the
11 respective amounts of child support money collected for support, resti-
12 tution and court debts by the court trustee's office of each county within
13 such judicial district. Each board of county commissioners receiving a
14 statement pursuant to this section shall make payment of the same from
15 the court trustees operations fund of the county; or
16 (B) administrative judge of such judicial district. Such judge shall pay
17 such annual expenditures from the court trustee operations fund in the
18 district court of each county based upon the respective amounts of child
19 support money collected for support, restitution and court debts by the
20 court trustee's office of each county within such judicial district. The
21 administrative judge shall promptly reimburse the county general fund
22 for expenditures made for salary, compensation and fringe benefits made
23 on behalf of the court trustee's office pursuant to K.S.A. 20-162, 20-358
24 and 20-359, and amendments thereto.
25 (3) The expenditure for a court trustee office in a multicounty district
26 which does not operate in all counties of the district shall be paid pro-
27 portionately, as in subsection (2), from the court trustee operations fund
28 of each county served by the court trustee.
29 (b) The administrative judge and the board of county commissioners
30 may agree on a reimbursement amount to the county general fund in an
31 amount less than the total expenses of the court trustee's office, but such
32 reimbursement amount shall not exceed the total expenses of the court
33 trustee's office.
34 Sec. 7. K.S.A. 23-4,100 is hereby amended to read as follows: 23-
35 4,100. (a) The district court shall provide by court rule for such other
36 matters as are necessary to carry out the purpose of this act, including,
37 but not limited to, the appointment of deputy trustees and other staff and
38 a procedure to review written requests of the obligee or obligor for ex-
39 emption from the office of court trustee's responsibility for collection of
40 support, restitution or court debts as provided in subsection (b).
41 (b) (1) In reviewing the written request for exemption provided in
42 subsection (a), the presiding judge shall make a determination on whether
43 the claimant's request is a good cause claim based on all relevant factors.
1 (2) The presiding judge's determination shall be based upon the to-
2 tality of the circumstances and no one factor shall be determinative as to
3 the outcome of the claimant's request for such good cause claim for ex-
5 Sec. 8. K.S.A. 23-492, 23-493, 23-495, 23-496, 23-497, 23-498 and
6 23-4,100 are hereby repealed.
7 Sec. 9. This act shall take effect and be in force from and after its
8 publication in the statute book.