SENATE BILL No. 71
An Act relating to the payment center; expiration thereof;
abolishing the central payment
center oversight commission; amending K.S.A. 2002 Supp. 23-4,118
and repealing the
existing section; also repealing K.S.A. 74-99a01.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2002 Supp.
23-4,118 is hereby amended to read as
follows: 23-4,118. (a) The department of social and rehabilitation
the title IV-D agency for the state, shall establish a central unit
lection and disbursement of support payments to meet the
of title IV-D.
(b) The department may contract with a
private vendor for the es-
tablishment and operation, in whole or in part, of such central
contract currently in place shall be modified on or before July 1,
to take into account the provisions of this subsection. The
ditions and limitations shall apply to any such contract:
(1) Any contract shall incorporate by
reference the Kansas supreme
court rule concerning official child support and maintenance
tablished pursuant to subsection (c).
(2) No contract shall include provisions
allowing the vendor to be
paid, in whole or in part, on the basis of an amount per phone call
by the center nor allowing the vendor to be paid an amount per
issued for checks that were issued in error by the center.
(3) Any contract with a private vendor
shall include penalty provisions
for noncompliance with federal regulations relating to the
collections and disbursements and shall include a monetary penalty
$100 for each erroneous transaction, whether related to collection
bursement. Penalties shall be collected as and when assessed. Of
penalty, $25 shall be allocated to the obligee and $75 shall be
to the department of social and rehabilitation services.
(4) Any contract with a private vendor
shall provide for full access to
all data by the secretary's designee in the central receivables
designee of the office of judicial administration and the
the central payment center oversight commission. Further, the
shall provide that all district court clerks and court trustees
to records of the vendors sufficient to allow them to assist in the
of matching support payments to the obligees and be provided
telephone access to the vendor for the purpose of assisting the
making accurate and timely disbursements.
(5) Any contract with a private vendor,
in addition to sufficient cus-
tomer service staff during regular business hours, shall require
access by obligors and obligees to payment files which show status
receipts and disbursements, including, but not limited to, date of
by the vendor, date of processing by the vendor and date of mailing
(6) Any contract with a private vendor
shall provide that the central
unit be known as the Kansas payment center. The name ``Kansas
center'' shall be reserved for use by the state of Kansas for the
of the central unit and shall not be used by any private entity for
collection of support funds.
(7) Any contract with a private vendor
shall provide that the vendor
create a standardized form that shall accompany all payments made
the central unit for new orders effective on and after January 1,
Such form shall contain the information necessary to assist in the
bursement of such payments.
(c) The Kansas supreme court, by court
rule, shall establish the pro-
cedure for the creation, maintenance and correction of official
port and maintenance records for use as official court records.
(d) The department shall collaborate with
the Kansas supreme court
to establish the central unit for collection and disbursement of
payments, which shall include, but is not limited to, all support
subject to the requirements of title IV-D. Upon designation by the
supreme court, the central unit for collection and disbursement of
port payments shall commence operations with respect to support
entered in each county as provided in a schedule adopted or
by the supreme court or the supreme court's designee.
(e) When the central unit for collection
and disbursement of support
payments commences operations with respect to a county, any
in any child support order or income withholding order entered in
county which requires remittance of support payments to the clerk
district court or district court trustee shall be deemed to require
tance of support payments to the central unit for collection and
ment of support payments, regardless of the date the child support
income withholding order was entered.
(f) As used in this section, ``child
support order'' includes any order
for maintenance of a spouse or ex-spouse issued in conjunction with
child support order.
(g) Any unmatched funds which remain
unmatched one year after
the transfer and after a good faith effort has been made to find
shall be deposited with the state treasurer in accordance with the
claimed property act.
(h) The provisions of this
section shall expire on July 1, 2003.
Sec. 2. K.S.A. 74-99a01 and K.S.A. 2002 Supp.
23-4,118 are hereby
Sec. 3. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved April 21, 2003.