Session of 1999
SENATE BILL No. 264
By Committee on Judiciary
9 AN ACT concerning the consumer protection act; prohibiting the as-
10 signment of support rights in consumer transactions.
12 Be it enacted by the Legislature of the State of Kansas:
13 Section 1. (a) As used in this act: (1)"Assignment of support rights"
14 means any assignment of rights to receive support on one's own behalf
15 or on behalf of any other person, including any accrued, present or future
16 rights and including judgment interest;
17 (2) "limited power of attorney with respect to support" means any
18 power of attorney to endorse or negotiate any negotiable instrument rep-
19 resenting payment of support; and
20 (3) "support" means an obligation imposed or imposable by law to
21 provide financially or otherwise for a child, spouse or former spouse.
22 (b) Except as otherwise provided in this section, requiring or accept-
23 ing in a consumer transaction any assignment of support rights or limited
24 power of attorney with respect to support is a deceptive act or practice
25 under the Kansas consumer protection act.
26 (c) Failure to terminate, upon written request, any assignment of sup-
27 port rights or limited power of attorney with respect to support, including
28 any such assignment or power of attorney in existence on the effective
29 date of this act, is a deceptive act or practice under the Kansas consumer
30 protection act.
31 (d) This section shall not apply to any assignment of support rights
32 or limited power of attorney with respect to support that is made by
33 operation of law, required as a condition of eligibility for public assistance,
34 or otherwise required to carry out functions of any state or any political
35 subdivision of a state.
36 (e) This section shall not be construed as limiting any attorney's lien
37 or any right granted under K.S.A. 7-108 or 7-109 and amendments
39 (f) This section shall be part of and supplemental to the Kansas con-
40 sumer protection act.
41 Sec. 2. This act shall take effect and be in force from and after its
42 publication in the statute book.