HOUSE BILL No. 2635
An Act concerning debts owed to the state;
relating to the state debt setoff program;
amending K.S.A. 75-6202 and repealing the
existing section; also repealing K.S.A. 75-
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 75-6202 is hereby amended to read as
75-6202. As used in this act:
(a) ``Debtor'' means any person who:
(1) Owes a debt to the state of Kansas or any state agency or
(2) owes support to an individual, or an agency of another
is receiving assistance in collecting that support under K.S.A.
amendments thereto or under part D of title IV of the federal
security act (42 U.S.C. § 651 et seq.), as amended;
(3) owes a debt to a foreign state agency.
(b) ``Debt'' means:
(1) Any liquidated sum due and owing to the state of Kansas,
state agency, municipality or foreign state agency which has
through contract, subrogation, tort, operation of law, or any other
theory regardless of whether there is an outstanding judgment for
sum. A debt shall not include
: (A) special
assessments except when the
owner of the property assessed petitioned for the improvement and
successor in interest of such owner of property
; or (B)
fines or penalties
assessed by a municipal court, except for cigarette or
and traffic infractions and offenses; or
(2) any amount of support due and owing an individual, or an
of another state, who is receiving assistance in collecting that
under K.S.A. 39-756 and amendments thereto or under part D of
IV of the federal social security act (42 U.S.C. § 651 et
seq.), as amended,
which amount shall be considered a debt due and owing the
trustee or the department of social and rehabilitation
services for the
purposes of this act.
(c) ``Refund'' means any amount of Kansas income tax refund
any person as a result of an overpayment of tax, and for this
refund due to a husband and wife resulting from a joint return
considered to be separately owned by each individual in the
of each such spouse's contribution to income, as the term
to income'' is defined by rules and regulations of the secretary of
(d) ``Net proceeds collected'' means gross proceeds collected
final setoff against a debtor's earnings, refund or other payment
the state or any state agency minus any collection assistance fee
by the director of accounts and reports of the department of
(e) ``State agency'' means any state office, officer,
commission, institution, bureau, agency or authority or any
unit thereof and any judicial district of this state or the clerk
thereof. ``State agency''
shall also shall
include any district court utilizing
collection services pursuant to K.S.A. 75-719, and
to collect debts owed to such court.
(f) ``Person'' means an individual, proprietorship,
partnership, association, trust, estate, business trust,
entity or a governmental agency, unit or subdivision.
(g) ``Director'' means the director of accounts and reports of
partment of administration.
(h) ``Municipality'' means any municipality as defined by
1117, and amendments thereto.
(i) ``Payor agency'' means any state agency which holds money
owes money to, a debtor.
(j) ``Foreign state or foreign state agency'' means the states
rado, Missouri, Nebraska or Oklahoma or any agency of such states
has entered into a reciprocal agreement pursuant to K.S.A.
Sec. 2. K.S.A. 75-6202 and 75-6202b are hereby
Sec. 3. This act shall take effect and be in force from
and after its
publication in the statute book.
Approved March 27, 1998