75-6201. Statement of policy. The purpose of this act is to establish as policy that state agencies shall cooperate in identifying debtors who owe money to the state, a foreign state agency and any municipality and that procedures be established for setting off against debtors the sum of any debt owed to the state, a […]
75-6202. Definitions. As used in article 62 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto: (a) “Debtor” means any person who: (1) Owes a debt to the state of Kansas or any state agency or any municipality; (2) owes support to an individual, or an agency of another state, who is receiving […]
75-6203. Setoff, additional collection remedy; duties of creditor; rules and regulations; contribution of income. (a) The collection remedy under this act is in addition to and not in substitution for any other remedy available by law. (b) Each state agency, foreign state agency and municipality, whenever possible, shall obtain the full name, social security number, […]
75-6204. Authority to setoff against debtors; collection of assistance fee; agreements with municipalities, lottery gaming facility managers, racetrack gaming facility managers, facility owner licensees. (a) Subject to the limitations provided in this act, if a debtor fails to pay a debt or fails to pay to the state of Kansas or any state agency, foreign […]
75-6205. Same; minimum debt setoff; maximum setoff against earnings. (a) The director shall not effect final setoff and collect debts through use of the remedy established under this act unless the debt is equal to or greater than $25. (b) The use of setoff against earnings of a debtor shall be subject to the same […]
75-6206. Same; information to director of accounts and reports; notice to debtor; amounts subject to setoff withheld. (a) A state agency, foreign state agency or municipality which requests the director to assist in the collection of a debt due to the state agency, foreign state agency or municipality by the utilization of setoff procedures under […]
75-6207. Hearing procedure; judicial review. (a) If the director receives a timely written request for a hearing under K.S.A. 75-6206, and amendments thereto, the director shall request a presiding officer from the office of administrative hearings who shall hold a hearing in accordance with the provisions of the Kansas administrative procedure act to determine whether […]
75-6208. Same; time for final setoff; hearing. After notification under K.S.A. 75-6206 and amendments thereto of the right to a hearing has been given, final setoff under K.S.A. 75-6209 and amendments thereto may occur at the following applicable time: (a) If the debtor fails to make timely request for a hearing under K.S.A. 75-6206 and […]
75-6209. Same; final setoff; notice and accounting to debtor; hearings on further setoffs, when. (a) In accordance with the applicable times under K.S.A. 75-6208, and amendments thereto, the director shall complete the setoff by adding and retaining the collection assistance fee permitted by K.S.A. 75-6210, and amendments thereto, and transferring the net proceeds collected for […]
75-6210. Disposition of setoff proceeds; collection assistance fee; debt credited. (a) Upon completion of a setoff transaction, the director shall transfer the net proceeds collected to the account or fund of the state agency, foreign state agency or municipality to which the debt was owed. (b) (1) From the gross proceeds collected by the director […]
75-6211. Same; priority of claims. The priority in multiple claims by state agencies, foreign state agencies and municipalities for setoff under the provisions of this act shall be according to the following priority of claims: (a) Collection of taxes owed to agencies of the state of Kansas; (b) claims for collection of intrastate and interstate […]
75-6212. Same; use of information held by department of revenue for setoff, limitations; duty of confidentiality. (a) Notwithstanding any provision of law prohibiting disclosure by the department of revenue of the contents of taxpayer records or information and notwithstanding any confidentiality statute of any state agency, foreign state agency or municipality, all information exchanged among […]
75-6213. Same; setoff procedure regulations under prior law continued. All rules and regulations relating to setoff procedures which were adopted by the secretary of administration under K.S.A. 75-3728k and which were in effect immediately prior to the effective date of this act shall continue to be effective and shall be deemed to be the duly […]
75-6214. Same; right to hearing, when; refund of amounts improperly setoff. (a) Upon written request to the director, any debtor against whom setoff has been effected may have a hearing thereon if: (1) The debtor alleges that either such debtor did not receive actual notice of the right to request a hearing thereon or that […]
75-6215. Reciprocal agreements with foreign states. The secretary of revenue and the director of accounts and reports are hereby authorized to enter into reciprocal agreements with foreign states to allow the setoff of debts owed to such foreign states pursuant to K.S.A. 75-6201 et seq., and amendments thereto. History: L. 1993, ch. 232, § 1; […]
75-6216. Agreements with federal department of the treasury; offsetting federal and state payments; fees; lawful exchange of information. (a) The director may enter into one or more agreements with the federal department of the treasury or its successor that provide for offsetting federal and state payments, as authorized by federal law and K.S.A. 75-6204, and […]
75-6217. Prize winnings withheld, when; indemnification of managers and licensees; remittance of withholdings. (a) Prior to any lottery gaming facility manager, racetrack gaming facility manager or facility owner licensee paying on behalf of the state any moneys requiring the completion of an internal revenue service form W-2G, the lottery gaming facility manager, racetrack gaming facility […]
