| 6 | | - | Section 1. K.S.A. 2024 Supp. 50-6,109a is hereby amended to |
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| 7 | | - | read as follows: 50-6,109a. (a) (1) Except as provided in paragraph |
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| 8 | | - | (2), the attorney general is hereby given jurisdiction and authority over |
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| 9 | | - | all matters involving the implementation, administration and |
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| 10 | | - | enforcement of the provisions of the scrap metal theft reduction act |
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| 11 | | - | including to: |
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| 12 | | - | (1)(A) Employ or appoint agents as necessary to implement, |
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| 13 | | - | administer and enforce the act; |
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| 14 | | - | (2)(B) contract; |
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| 15 | | - | (3)(C) expend funds; |
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| 16 | | - | (4)(D) license and discipline; |
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| 17 | | - | (5)(E) investigate; |
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| 18 | | - | (6)(F) issue subpoenas; |
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| 19 | | - | (7)(G) keep statistics; and |
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| 20 | | - | (8)(H) conduct education and outreach programs to promote |
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| 21 | | - | compliance with the act. |
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| 22 | | - | (2) Kansas law enforcement officers are hereby authorized to |
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| 23 | | - | conduct investigations of violations of the scrap metal theft reduction |
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| 24 | | - | act. Upon conclusion of an investigation, investigative reports shall be |
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| 25 | | - | submitted to the attorney general regardless of whether any local |
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| 26 | | - | action was taken as a result of such investigation. |
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| 27 | | - | (b) In accordance with the rules and regulations filing act, the |
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| 28 | | - | attorney general is hereby authorized to adopt rules and regulations |
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| 29 | | - | necessary to implement the provisions of the scrap metal theft |
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| 30 | | - | reduction act. |
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| 31 | | - | (c) There is hereby established in the state treasury the scrap metal |
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| 32 | | - | theft reduction fee fund to be administered by the attorney general. All |
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| 33 | | - | moneys received by the attorney general from fees, charges or penalties |
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| 34 | | - | collected under the provisions of the scrap metal theft reduction act |
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| 35 | | - | shall be remitted to the state treasurer in accordance with the provisions |
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| 36 | | - | of K.S.A. 75-4215, and amendments thereto, who shall deposit the |
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| 37 | | - | entire amount thereof in the state treasury to the credit of the scrap |
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| 38 | | - | metal theft reduction fee fund. All expenditures from such fund shall be |
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| 39 | | - | made in accordance with appropriation acts upon warrants of the |
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| 40 | | - | director of accounts and reports issued pursuant to vouchers approved |
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| 41 | | - | by the attorney general or the attorney general's designee. All moneys |
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| 42 | | - | credited to the scrap metal theft reduction fee fund shall be expended |
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| 43 | | - | for the administration of the duties, functions and operating expenses |
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| 44 | | - | incurred under the provisions of the scrap metal theft reduction act. |
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| 45 | | - | (d) There is hereby established in the state treasury the scrap metal |
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| 46 | | - | data repository fund to be administered by the director of the Kansas |
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| 47 | | - | bureau of investigation. All expenditures from such fund shall be made |
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| 48 | | - | in accordance with appropriation acts upon warrants of the director of |
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| 49 | | - | accounts and reports issued pursuant to vouchers approved by the |
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| 50 | | - | director of the Kansas bureau of investigation or the director's designee. |
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| 51 | | - | All moneys credited to the scrap metal data repository fund shall be |
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| 52 | | - | expended for the administration of the duties, functions and operating |
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| 53 | | - | expenses incurred under the provisions of the scrap metal theft |
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| 54 | | - | reduction act. |
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| 55 | | - | (e) The attorney general may transfer any moneys from the scrap |
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| 56 | | - | metal theft reduction fee fund to the scrap metal data repository fund. |
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| 57 | | - | The attorney general shall certify each such transfer to the director of |
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| 58 | | - | accounts and reports and shall transmit a copy of each such certification |
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| 59 | | - | to the director of the budget and the director of legislative research. |
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| 60 | | - | (f) On July 1, 2020, the Kansas bureau of investigation shall SENATE BILL No. 237—page 2 |
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| 61 | | - | establish and maintain a database which shall be a central repository for |
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| 62 | | - | the information required to be provided under K.S.A. 2024 Supp. 50- |
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| 63 | | - | 6,110, and amendments thereto. The database shall be maintained for |
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| 64 | | - | the purpose of providing information to law enforcement and for any |
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| 65 | | - | other purpose deemed necessary by the attorney general to implement |
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| 66 | | - | and enforce the provisions of the scrap metal theft reduction act. |
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| 67 | | - | (g) The information maintained in such database by the Kansas |
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| 68 | | - | bureau of investigation, or by any entity contracting with the Kansas |
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| 69 | | - | bureau of investigation, submitted to, maintained or stored as part of |
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| 70 | | - | the system may be provided to the attorney general and shall: |
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| 71 | | - | (1) Be confidential, shall only be used for investigatory, |
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| 72 | | - | evidentiary or analysis purposes related to criminal violations of city, |
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| 73 | | - | state or federal law and shall only be released to law enforcement in |
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| 74 | | - | response to an official investigation or as permitted in subsection (f); |
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| 75 | | - | and |
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| 76 | | - | (2) not be a public record and shall not be subject to the Kansas |
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| 77 | | - | open records act, K.S.A. 45-215 et seq., and amendments thereto. |
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| 78 | | - | (h) On or before February 1, 2021, and annually on or before |
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| 79 | | - | February 1 thereafter, the attorney general shall submit a report to the |
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| 80 | | - | president of the senate, the speaker of the house of representatives and |
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| 81 | | - | the standing committees on judiciary in the senate and the house of |
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| 82 | | - | representatives on the implementation, administration and enforcement |
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| 83 | | - | of the provisions of the scrap metal theft reduction act. |
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| 84 | | - | (i) Any entity contracting with the attorney general or the Kansas |
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| 85 | | - | bureau of investigation to provide or maintain the database required by |
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| 86 | | - | this section shall not require a scrap metal dealer to contract with such |
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| 87 | | - | entity for the authority to release proprietary or confidential data, |
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| 88 | | - | including, but not limited to, customer information. Such entity shall |
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| 89 | | - | not charge any fee to the scrap metal dealer as a condition of providing |
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| 90 | | - | information to the database as required by the scrap metal theft |
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| 91 | | - | reduction act, including, but not limited to, a fee for electronic |
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| 92 | | - | submission of information. |
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| 93 | | - | (j) A scrap metal dealer providing information to the database as |
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| 94 | | - | required by the scrap metal theft reduction act shall not be subject to |
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| 95 | | - | civil liability for any claim arising from the negligence or omission by |
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| 96 | | - | the state of Kansas or any contracting entity in the collection, storing or |
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| 97 | | - | release of information provided by such scrap metal dealer to the |
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| 98 | | - | database. |
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| 99 | | - | Sec. 2. K.S.A. 2024 Supp. 50-6,109a is hereby repealed. SENATE BILL No. 237—page 3 |
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| 100 | | - | Sec. 3. This act shall take effect and be in force from and after its |
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| 101 | | - | publication in the statute book. |
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| 102 | | - | I hereby certify that the above BILL originated in the |
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| 103 | | - | SENATE, and passed that body |
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| 104 | | - | __________________________ |
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| 105 | | - | SENATE adopted |
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| 106 | | - | Conference Committee Report ________________ |
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| 107 | | - | _________________________ |
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| 108 | | - | President of the Senate. |
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| 109 | | - | _________________________ |
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| 110 | | - | Secretary of the Senate. |
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| 111 | | - | |
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| 112 | | - | Passed the HOUSE |
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| 113 | | - | as amended _________________________ |
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| 114 | | - | HOUSE adopted |
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| 115 | | - | Conference Committee Report ________________ |
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| 116 | | - | _________________________ |
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| 117 | | - | Speaker of the House. |
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| 118 | | - | _________________________ |
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| 119 | | - | Chief Clerk of the House. |
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| 120 | | - | APPROVED _____________________________ |
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| 121 | | - | _________________________ |
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| 122 | | - | Governor. |
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| 17 | + | Section 1. K.S.A. 23-3002 is hereby amended to read as follows: 23- |
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| 18 | + | 3002. (a) In determining the amount to be paid for child support, the court |
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| 19 | + | shall: |
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| 20 | + | (1) Follow the Kansas child support guidelines adopted by the |
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| 21 | + | supreme court pursuant to K.S.A. 20-165, and amendments thereto; and |
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| 22 | + | (2) take into consideration and shall order the use of the total value |
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| 23 | + | of any individual retirement plan account that is qualified under sections |
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| 24 | + | 401(a), 401(k), 403(a), 403(b), 408, 408A or 409 of the federal internal |
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| 25 | + | revenue code of 1986 if the person has experienced a loss of income or |
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| 26 | + | termination from employment due to criminal conduct, loss, revocation, |
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| 27 | + | suspension or surrender of a professional license because of professional |
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| 28 | + | misconduct or voluntary underemployment as described in K.S.A. 23- |
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| 29 | + | 3005(a)(2), and amendments thereto. |
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| 30 | + | (b) (1) If a parent experiences a loss of income or termination from |
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| 31 | + | employment due to criminal conduct, loss, revocation, suspension or |
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| 32 | + | surrender of a professional license because of professional misconduct or |
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| 33 | + | voluntary underemployment as described in K.S.A. 23-3005(a)(2), and |
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| 34 | + | amendments thereto, the court shall order the use of individual retirement |
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| 35 | + | plan accounts described in subsection (a)(2) to maintain the existing child |
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| 36 | + | support obligation until: |
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| 37 | + | (A) All funds in such accounts are exhausted; or |
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| 38 | + | (B) the parent establishes other means to satisfy the child support |
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| 39 | + | obligations. |
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| 75 | + | 36 SB 237 2 |
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| 76 | + | (2) Claims for child support against an individual retirement plan |
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| 77 | + | account described in subsection (a)(2) shall: |
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| 78 | + | (A) Take priority over all other claims; |
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| 79 | + | (B) not be subject to early withdrawal penalties if used for child |
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| 80 | + | support payments; and |
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| 81 | + | (C) be executed through direct payment from the retirement account |
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| 82 | + | through the Kansas payment center. |
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| 83 | + | (c) Any person who files a motion requesting a child support order or |
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| 84 | + | modification order shall include in such filing a completed domestic |
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| 85 | + | relations affidavit and proposed child support worksheet. |
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| 86 | + | Sec. 2. K.S.A. 23-3005 is hereby amended to read as follows: 23- |
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| 87 | + | 3005. (a) (1) Subject to the provisions of K.S.A. 23-36,207, and |
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| 88 | + | amendments thereto, the court may modify any prior child support order, |
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| 89 | + | including any order issued in a title IV-D case, within three years of the |
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| 90 | + | date of the original order or a modification order, when a material change |
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| 91 | + | in circumstances is shown, irrespective of the present domicile of the child |
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| 92 | + | or the parents. If more than three years has passed since the date of the |
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| 93 | + | original order or modification order, a material change in circumstance |
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| 94 | + | need not be shown. |
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| 95 | + | (2) As used in this section, "material change in circumstance" shall |
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| 96 | + | not include a loss of income or termination from employment due to: |
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| 97 | + | (A) Criminal conduct; |
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| 98 | + | (B) loss, revocation, suspension or surrender of a professional |
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| 99 | + | license because of professional misconduct; or |
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| 100 | + | (C) voluntary underemployment. |
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| 101 | + | (b) The court may make a modification of child support retroactive to |
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| 102 | + | the first day of the month following the filing of the motion to modify. Any |
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| 103 | + | increase in support ordered effective prior to the date the court's judgment |
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| 104 | + | is filed shall not become a lien on real property pursuant to K.S.A. 60- |
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| 105 | + | 2202, and amendments thereto, until the date of the order. |
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| 106 | + | Sec. 3. K.S.A. 2024 Supp. 60-2308 is hereby amended to read as |
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| 107 | + | follows: 60-2308. (a) Money received by any debtor as pensioner of the |
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| 108 | + | United States within three months next immediately preceding the issuing |
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| 109 | + | of an execution, or attachment, or garnishment process, cannot shall not be |
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| 110 | + | applied to the payment of the debts of such pensioner when if it appears by |
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| 111 | + | the affidavit of the debtor or otherwise that such pension money is |
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| 112 | + | necessary for the maintenance of the debtor's support or a family support |
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| 113 | + | wholly or in part by the pension money. The filing of the affidavit by the |
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| 114 | + | debtor, or making proof as provided in this section, shall be prima facie |
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| 115 | + | evidence of the necessity of such pension money for such support. It shall |
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| 116 | + | be the duty of the court in which where such proceeding is pending to |
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| 117 | + | release all moneys held by such attachment or garnishment process, |
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| 118 | + | immediately upon the filing of such affidavit, or the making of such proof. |
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| 161 | + | 43 SB 237 3 |
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| 162 | + | (b) Except as provided in subsection (c), any money or other assets |
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| 163 | + | payable to a participant or beneficiary from, or any interest of any |
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| 164 | + | participant or beneficiary in, a retirement plan which that is qualified |
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| 165 | + | under sections 401(a), 403(a), 403(b), 408, 408A or 409 of the federal |
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| 166 | + | internal revenue code of 1986, and amendments thereto, shall be exempt |
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| 167 | + | from any and all claims of creditors of the beneficiary or participant. Any |
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| 168 | + | such plan shall be conclusively presumed to be a spendthrift trust under |
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| 169 | + | these statutes and the common law of the state. |
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| 170 | + | (c) AnyA plan or arrangement described in subsection (b), a |
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| 171 | + | retiremant plan that is qualified under section 401(k) of the federal |
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| 172 | + | internal revenue code of 1986, an individual retirement account and any |
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| 173 | + | similar retirement instruments, including contributions and amounts |
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| 174 | + | within such instruments shall not be exempt from the claims of an alternate |
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| 175 | + | payee under a qualified domestic relations order or a child support order |
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| 176 | + | issued pursuant to article 30 of chapter 23 of the Kansas Statues |
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| 177 | + | Annotated, and amendments thereto. However, The interest of any and all |
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| 178 | + | alternate payees under a qualified domestic relations order shall be exempt |
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| 179 | + | from any and all claims of any creditor, other than the Kansas department |
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| 180 | + | for children and families, of the alternate payee. As used in this subsection, |
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| 181 | + | the terms "alternate payee" and "qualified domestic relations order" have |
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| 182 | + | the meaning ascribed to them in section 414(p) of the federal internal |
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| 183 | + | revenue code of 1986, and amendments thereto. |
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| 184 | + | (d) The provisions of subsections (b) and (c) shall apply to any |
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| 185 | + | proceeding which that: |
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| 186 | + | (1) Is filed on or after July 1, 1986; or |
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| 187 | + | (2) was filed on or after January 1, 1986, and is pending or on appeal |
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| 188 | + | July 1, 1986. |
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| 189 | + | (e) Money held by the central unit for collection and disbursement of |
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| 190 | + | support payments designated pursuant to K.S.A. 39-7,135, and |
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| 191 | + | amendments thereto, the Kansas department for children and families, any |
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| 192 | + | clerk of a district court or any district court trustee in connection with a |
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| 193 | + | court order for the support of any person, whether the money is identified |
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| 194 | + | as child support, spousal support, alimony or maintenance, shall be exempt |
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| 195 | + | from execution, attachment or garnishment process. |
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| 196 | + | (f) (1) The provisions of this subsection shall apply to any proceeding |
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| 197 | + | which that: |
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| 198 | + | (A) Is filed on or after January 1, 2002; or |
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| 199 | + | (B) was filed prior to January 1, 2002, and is pending on or on appeal |
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| 200 | + | after January 1, 2002. |
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| 201 | + | (2) Except as provided by paragraphs (3) and (4) of this subsection, if |
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| 202 | + | the designated beneficiary of a family postsecondary education savings |
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| 203 | + | account established pursuant to K.S.A. 75-640 et seq., and amendments |
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| 204 | + | thereto, is a lineal descendant of the account owner, all moneys in the |
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| 247 | + | 43 SB 237 4 |
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| 248 | + | account shall be exempt from any claims of creditors of the account owner |
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| 249 | + | or designated beneficiary. |
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| 250 | + | (3) The provisions of paragraph (2) of this subsection shall not apply |
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| 251 | + | to claims of any creditor of an account owner, as to amounts contributed |
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| 252 | + | within a one-year period preceding: |
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| 253 | + | (A) Claims of any creditor of an account owner, as to amounts |
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| 254 | + | contributed within a one-year period preceding The date of the filing of a |
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| 255 | + | bankruptcy petition under 11 U.S.C. § 101 et seq.; or |
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| 256 | + | (B) claims of any creditor of an account owner, as to amounts |
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| 257 | + | contributed within a one-year period preceding an execution on judgment |
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| 258 | + | for such claims against the account owner. |
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| 259 | + | (4) The provisions of paragraph (2) of this subsection shall not apply |
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| 260 | + | to claims of any creditor of an account owner, as to amounts exceeding |
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| 261 | + | $5,000 contributed within a period of time that is more than one year but |
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| 262 | + | less than two years preceding: |
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| 263 | + | (A) Claims of any creditor of an account owner, as to amounts |
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| 264 | + | exceeding $5,000 contributed within a period of time which is more than |
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| 265 | + | one year but less than two years preceding The date of the filing of a |
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| 266 | + | bankruptcy petition under 11 U.S.C. § 101 et seq.; or |
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| 267 | + | (B) claims of any creditor of an account owner, as to amounts |
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| 268 | + | exceeding $5,000 contributed within a period of time which is more than |
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| 269 | + | one year but less than two years preceding an execution on judgment for |
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| 270 | + | such claims against the account owner. |
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| 271 | + | Sec. 4. K.S.A. 23-3002 and 23-3005 and K.S.A. 2024 Supp. 60-2308 |
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| 272 | + | are hereby repealed. |
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| 273 | + | Sec. 5. This act shall take effect and be in force from and after its |
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| 274 | + | publication in the Kansas register. |
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| 300 | + | 26 |
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| 301 | + | 27 |
|---|