SB 237 — Authorizing law enforcement officers to conduct investigations of violations of the scrap metal theft reduction act.

or (C){(B)} voluntary underemployment.

(b) The court may make a modification of child support retroactive to the first day of the month following the filing of the motion to modify.

Any increase in support ordered effective prior to the date the court's judgment is filed shall not become a lien on real property pursuant to K.S.A.

60- 2202, and amendments thereto, until the date of the order.

Sec.

3.

{2.} K.S.A.

60-230850-6,109a is hereby amended to read as follows:

60-2308.50-6,109a.

(a) Money(1) receivedExcept byas anyprovided debtorin asparagraph pensioner(2), ofthe attorney general is hereby given jurisdiction and authority over all matters involving the Unitedimplementation, Statesadministration withinand threeenforcement monthsof nextthe immediatelyprovisions precedingof the issuingscrap SBmetal 237—Am.theft reduction act including to:

by(1)(A) Employ HCW 3 of an execution, or attachment,appoint oragents garnishmentas process,necessary cannot shall not be applied to theimplement, paymentadminister ofand theenforce debts of such pensioner when if it appears by the affidavitact; of the debtor or otherwise that such pension money is necessary for the maintenance of the debtor's support or a family support wholly or in part by the pension money.

The(2)(B) contract; filing of the affidavit by the debtor, or making proof as provided in this section, shall be prima facie evidence of the necessity of such pension money for such support.

It(3)(C) expend shallfunds; be the duty of the court in which where such proceeding is pending to release all moneys held by such attachment or garnishment process, immediately upon the filing of such affidavit, or the making of such proof.

(b) Except(4)(D) license as provided in subsection (c), any money or other assets payable to a participant or beneficiary from, or any interest of any participant or beneficiary in, a retirement plan which that is qualified under sections 401(a), 403(a), 403(b), 408, 408A or 409 of the federal internal revenue code of 1986, and amendmentsdiscipline; thereto, shall be exempt from any and all claims of creditors of the beneficiary or participant.

Any(5)(E) investigate; such plan shall be conclusively presumed to be a spendthrift trust under these statutes and the common law of the state.

(c) AnyA(6)(F) issue plansubpoenas; or arrangement described in subsection (b), a retiremant retirement plan that is qualified under section 401(k) of the federal internal revenue code of 1986, an individual retirement account and any similar retirement instruments, including contributions and amounts within such instruments shall not be exempt from the claims of an alternate payee under a qualified domestic relations order or a child support order issued pursuant to article 30 of chapter 23 of the Kansas Statues Annotated, and amendments thereto.

However,(7)(G) keep Thestatistics; interest of any and all alternate payees under a qualified domestic relations order shall be exempt from any and all claims of any creditor, other than the Kansas department for children and families, of the alternate payee.

Asand used(8)(H) conduct ineducation this subsection, the terms "alternate payee" and "qualifiedoutreach domesticprograms relations order" have the meaning ascribed to thempromote incompliance sectionwith 414(p) of the federalact. internal revenue code of 1986, and amendments thereto.

(d) The(2) Kansas provisionslaw ofenforcement subsectionsofficers (b)are andhereby (c)authorized shallto applyconduct toinvestigations anyof proceedingviolations whichof that:the scrap metal theft reduction act.

(1) IsUpon filedconclusion onof oran afterinvestigation, Julyinvestigative 1,reports 1986;shall be submitted to the attorney general regardless of whether any local action was taken as a result of such investigation.

or(b) In (2) wasaccordance filedwith onthe orrules afterand Januaryregulations 1,filing 1986,act, andthe attorney general is pendinghereby orauthorized onto appealadopt Julyrules 1,and 1986.regulations necessary to implement the provisions of the scrap metal theft reduction act.

(e) Money(c) There heldis byhereby theestablished centralin unitthe forstate collectiontreasury andthe disbursementscrap ofmetal supporttheft paymentsreduction designatedfee pursuantfund to K.S.A.be administered by the attorney general.

39-7,135,All andmoneys amendmentsreceived thereto,by the Kansasattorney departmentgeneral forfrom childrenfees, andcharges families, any clerk of a district court or anypenalties districtcollected courtunder trustee in connection with a court order for the supportprovisions of anythe person,scrap whethermetal thetheft moneyreduction isact identifiedshall asbe childremitted support,to spousalthe support,state alimonytreasurer orin maintenance,accordance shallwith bethe exemptprovisions SBof 237—Am.K.S.A.

by75-4215, HCWand 4amendments fromthereto, execution,who attachmentshall ordeposit garnishmentthe process.entire amount thereof in the state treasury to the credit of the scrap metal theft reduction fee fund.

(f)All (1) Theexpenditures provisionsfrom such fund shall be made in accordance with appropriation acts upon warrants of thisthe subsectiondirector shallof applyaccounts and reports issued pursuant to anyvouchers proceedingapproved whichby that:the attorney general or the attorney general's designee.

(A) IsAll filedmoneys oncredited orto afterthe Januaryscrap 1,metal 2002;theft reduction fee fund shall be expended for the administration of the duties, functions and operating expenses incurred under the provisions of the scrap metal theft reduction act.

or(d) There (B) wasis filedhereby priorestablished toin Januarythe 1,state 2002,treasury andthe isscrap pendingmetal ondata orrepository onfund appealto afterbe Januaryadministered 1,by 2002.the director of the Kansas bureau of investigation.

(2) ExceptAll asexpenditures providedfrom bysuch paragraphsfund (3)shall andbe (4)made ofin thisaccordance subsection,with ifappropriation theacts designatedupon beneficiarywarrants of athe familydirector postsecondaryof educationaccounts savingsand accountreports establishedissued pursuant to K.S.A.vouchers approved by the director of the Kansas bureau of investigation or the director's designee.

75-640All etmoneys seq.,credited andto amendmentsthe thereto,scrap ismetal adata linealrepository descendantfund ofshall thebe accountexpended owner,for allthe moneysadministration inof the accountduties, shallfunctions beand exemptoperating fromexpenses anyincurred claimsunder ofthe creditorsprovisions of the accountscrap ownermetal ortheft designatedreduction beneficiary.act.

(3) The(e) The provisionsattorney ofgeneral paragraphmay (2)transfer ofany thismoneys subsectionfrom shallthe notscrap applymetal totheft claimsreduction offee anyfund creditor of an account owner, as to amountsthe contributedscrap withinmetal adata one-yearrepository periodfund. preceding:

(A) ClaimsThe ofattorney anygeneral creditorshall ofcertify aneach accountsuch owner,transfer as to amountsthe contributeddirector withinof aaccounts one-yearand periodreports precedingand Theshall datetransmit a copy of each such certification to the filingdirector of athe bankruptcybudget petitionand underthe 11director U.S.C.of legislative research.

§(f) On 101July et1, seq.;2020, the Kansas bureau of investigation shall SENATE BILL No.

or237—page (B) claims2 ofestablish anyand creditormaintain ofa andatabase accountwhich owner,shall asbe to amounts contributed within a one-yearcentral periodrepository precedingfor anthe executioninformation onrequired judgmentto forbe suchprovided claimsunder againstK.S.A. the account owner.

(4) The provisions of paragraph (2) of this subsection shall not apply to claims of any creditor of an account owner, as to amounts exceeding $5,000 contributed within a period of time that is more than one year but less than two years preceding:

(A) Claims of any creditor of an account owner, as to amounts exceeding $5,000 contributed within a period of time which is more than one year but less than two years preceding The date of the filing of a bankruptcy petition under 11 U.S.C.

§ 101 et seq.;

or (B) claims of any creditor of an account owner, as to amounts exceeding $5,000 contributed within a period of time which is more than one year but less than two years preceding an execution on judgment for such claims against the account owner.

Sec.

4.

{3.} K.S.A.

23-3002 and 23-3005 and K.S.A.

60-50- 23086,110, areand herebyamendments repealed.thereto.

The database shall be maintained for the purpose of providing information to law enforcement and for any other purpose deemed necessary by the attorney general to implement and enforce the provisions of the scrap metal theft reduction act.

(g) The information maintained in such database by the Kansas bureau of investigation, or by any entity contracting with the Kansas bureau of investigation, submitted to, maintained or stored as part of the system may be provided to the attorney general and shall:

(1) Be confidential, shall only be used for investigatory, evidentiary or analysis purposes related to criminal violations of city, state or federal law and shall only be released to law enforcement in response to an official investigation or as permitted in subsection (f);

and (2) not be a public record and shall not be subject to the Kansas open records act, K.S.A.

45-215 et seq., and amendments thereto.

(h) On or before February 1, 2021, and annually on or before February 1 thereafter, the attorney general shall submit a report to the president of the senate, the speaker of the house of representatives and the standing committees on judiciary in the senate and the house of representatives on the implementation, administration and enforcement of the provisions of the scrap metal theft reduction act.

(i) Any entity contracting with the attorney general or the Kansas bureau of investigation to provide or maintain the database required by this section shall not require a scrap metal dealer to contract with such entity for the authority to release proprietary or confidential data, including, but not limited to, customer information.

Such entity shall not charge any fee to the scrap metal dealer as a condition of providing information to the database as required by the scrap metal theft reduction act, including, but not limited to, a fee for electronic submission of information.

(j) A scrap metal dealer providing information to the database as required by the scrap metal theft reduction act shall not be subject to civil liability for any claim arising from the negligence or omission by the state of Kansas or any contracting entity in the collection, storing or release of information provided by such scrap metal dealer to the database.

5.2. K.S.A.

{4.} This2024 actSupp. shall take effect and be in force from and after its publication in the Kansas register.

50-6,109a is hereby repealed.

SENATE BILL No.

237—page 3 Sec.

3. This act shall take effect and be in force from and after its publication in the statute book.

I hereby certify that the abovILLoriginated in the SENATE, and passed that body __________________________ SENATE adopted Conference Committee Report ________________ _________________________ President of the Senate.

_________________________ Secretary of the Senate.

Passed the HOUSE as amended _________________________ H OUSEadopted Conference Committee Report ________________ _________________________ Speaker of the House.

_________________________ Chief Clerk of the House.

A PPROVED_____________________________ _________________________ Governor.