32-918. Persons in arrearage under a child support order; prohibition against issuance of license, permit, stamp or tag. (a) Upon request of the secretary for children and families, the secretary of wildlife, parks and tourism shall not allow any license, permit, stamp, tag or other issue of the Kansas department of wildlife, parks and tourism to be purchased by any applicant except as provided in this section. The secretary for children and families may make such a request by providing the secretary of wildlife, parks and tourism, on a quarterly basis, a listing of names and other information sufficient to allow the secretary of wildlife, parks and tourism to match applicants against the list with reasonable accuracy. The secretary for children and families may include an individual on the listing if, at the time the listing is compiled, the individual owes arrearages under a support order in a title IV-D case or has failed, after appropriate notice, to comply with an outstanding warrant or subpoena directed to the individual in a title IV-D case. The secretary for children and families shall include an individual on the listing if, at the time the listing is compiled, the individual owes arrearages under a support order, as reported to the secretary for children and families by the court trustee or has failed, after appropriate notice, to comply with a subpoena directed to the individual by the court trustee and as reported to the secretary for children and families by the court trustee.
(b) If any applicant for a license, permit, stamp, tag or other issue of the Kansas department of wildlife, parks and tourism is not allowed to complete a purchase pursuant to this section, the vendor of the license, permit, stamp, tag or other issue of the Kansas department of wildlife, parks and tourism shall immediately deliver to the applicant a written notice, furnished by the state of Kansas, stating the basis for the action and how the applicant may dispute the action or request other relief. Such notice shall inform the applicant who owes arrearages in an IV-D case to contact the department for children and families and in a non-IV-D case to contact the court trustee.
(c) Immediately upon receiving a release executed by an authorized agent of the secretary for children and families or the court trustee, the secretary of wildlife, parks and tourism may allow the applicant to purchase any license, permit, stamp, tag or other issue of the Kansas department of wildlife, parks and tourism. The applicant shall have the burden of obtaining and delivering the release. The secretary for children and families or the court trustee may limit the duration of the release.
(d) Upon request, the secretary for children and families shall issue a release if, as appropriate:
(1) The arrearages are paid in full or a tribunal of competent jurisdiction has determined that no arrearages are owed;
(2) an income withholding order in the case has been served upon the applicant's current employer or payor;
(3) an agreement has been completed or an order has been entered setting minimum payments to defray the arrearages, together with receipt of the first minimum payment;
(4) the applicant has complied with the warrant or subpoena or the warrant or subpoena has been quashed or withdrawn; or
(5) the court trustee notifies the secretary for children and families that the applicant has paid the arrearages in full or has complied with the subpoena or the subpoena has been quashed or withdrawn.
(e) Individuals previously included in a quarterly listing may be omitted from any subsequent listing by the secretary for children and families. When a new listing takes effect, the secretary of wildlife, parks and tourism may allow any individual not included in the new listing to purchase any license, permit, stamp, tag or other issue of the Kansas department of wildlife, parks and tourism, whether or not the applicant had been included in a previous listing.
(f) Nothing in this section shall be construed to require or permit the secretary of wildlife, parks and tourism to determine any issue related to a child support order or related to the title IV-D case, including questions of mistaken identity or the adequacy of any notice provided pursuant to this section. In a title IV-D case, the secretary for children and families shall provide an opportunity for fair hearing pursuant to K.S.A. 75-3306, and amendments thereto, to any person who has been denied any license, permit, stamp, tag or other issue of the Kansas department of wildlife, parks and tourism pursuant to this section, provided that the person complies with the requirements of the secretary for children and families for requesting such fair hearing. In a non-IV-D case, the applicant shall contact the court trustee.
(g) The term "title IV-D" has the meaning ascribed thereto in K.S.A. 32-930, and amendments thereto.
(h) The secretary for children and families and the secretary of wildlife, parks and tourism may enter into an agreement for administering the provisions of this section.
(i) The secretary for children and families and the secretary of wildlife, parks and tourism may each adopt rules and regulations necessary to carry out the provisions of this section.
(j) Upon receipt of such list, the secretary of wildlife, parks and tourism shall send by first class mail, a letter to any new individual on the listing who has a current license, permit, stamp, tag or other issue of the Kansas department of wildlife, parks and tourism informing such individual of the provisions of this section.
History: L. 2006, ch. 208, § 9; L. 2007, ch. 174, § 4; L. 2012, ch. 47, § 46; L. 2014, ch. 115, § 47; July 1.
Structure Kansas Statutes
Chapter 32 - Wildlife, Parks And Recreation
Article 9 - Licenses, Permits, Stamps And Other Issues
32-901 Park and recreation motor vehicle permits; fees; posting of information.
32-912 Furharvester education; certificate of competency.
32-913 Same; instruction requirements; designation of persons to issue certificates.
32-914 Same; courses of instruction; certificates from other jurisdictions.
32-921 Same; instruction requirements; designation of persons to issue certificates.
32-922 Same; courses of instruction; certificates from other jurisdictions.
32-923 Same; issuance of certificate; fee.
32-924 Same; liability insurance for persons conducting course.
32-929 Permanent licenses, American Indians.
32-931 Handicapped hunting and fishing permit.
32-932 Physical disability, crossbow permits.
32-933 Physical or visual disability, assistance permit.
32-937 Big game permits; deer crossbow hunting pilot project.
32-938 Big game or wild turkey permits; reissuance to certain military personnel.
32-939 Migratory waterfowl habitat stamp.
32-941 Commercial harvest permits.
32-943 Controlled shooting areas; definitions.
32-944 Same; land requirements.
32-945 Controlled shooting areas; license; inspections, when required.
32-946 Same; shooting season; hunting licenses.
32-947 Same; special deer permits.
32-948 Same; rules and regulations.
32-949 Same; actions against license.
32-950 Same; judicial review of actions against license.
32-952 Scientific, educational or exhibition permit.
32-954 Field trial permit or commercial dog training permit.
32-955 Wildlife damage control permit.
32-956 Wildlife importation permits.
32-957 Nongame and endangered species conservation act; title.
32-960 Same; threatened or endangered species.
32-960a Same; recovery plans; advisory committees, duties.
32-960b Same; guidelines for enforcement and permit requirements.
32-961 Same; special permits; recovery plan, reports.
32-962 Same; programs for conservation.
32-965 Big game control; permits.
32-966 Deer management plan to reduce motor vehicle accidents.
32-967 Deer management to reduce property damage.
32-968 Landowner deer management program; report; pilot project.
32-969 Wild turkey permits; tags; definitions.
32-970 Commission permits to take big game; issuance.
32-971 Youth hunt of a lifetime and wounded warrior deer permits; issuance.
32-974 Private water fishing impoundment; exemptions.
32-975 Same; waiver of exemptions.
32-976 Private water fishing impoundments; stocking or restocking of fish prohibited, when.
32-982 Application; procedure.
32-983 Issuance by department; lost or stolen issues or fees.
32-984 Issuance by county clerk's office; disposition of fees.
32-985 Agents; designation; bond; disposition of fees.
32-986 Same; refunds for unsold issues.
32-987 Issues lost or stolen while in county clerk's possession.
32-992 Fees from lifetime licenses; wildlife conservation fund.
32-993 Migratory waterfowl propagation and protection fund.
32-994 Wildlife and parks gifts and donations fund.
32-996 Wildlife restoration fund.
32-997 Sport fish restoration fund.
32-998 Wildlife, parks and tourism nonrestricted fund.
32-999 Cabin fees, authorization and limitations.
32-9,100 Resident senior combination hunting and fishing pass.