Kansas Statutes
Article 62 - Setoff Against Debtors Of The State, Municipalities And Certain Foreign States
75-6216 Agreements with federal department of the treasury; offsetting federal and state payments; fees; lawful exchange of information.

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 amendments thereto, except that other setoffs under K.S.A. 75-6201 et seq., and amendments thereto, occur prior to the setoffs authorized under this section.
(b) Any agreement entered into by the director pursuant to subsection (a) may provide that the federal department of the treasury or its successor may deduct a fee from each administrative setoff and state payment setoff. For purposes of this subsection: (1) "Administrative setoff" means any offset of federal payments to collect state tax and nontax obligations; and
(2) "state payment setoff" means any offset of state payments to collect federal nontax obligations.
(c) The director is authorized to deduct a fee in an amount authorized under subsection (b) of K.S.A. 75-6210, and amendments thereto.
(d) Notwithstanding any provision of law prohibiting disclosure by the department of administration of the contents of debtor records or information, and notwithstanding any confidentiality statute of any state agency, all information exchanged between the department of administration, the federal department of the treasury and the debtor necessary to accomplish and effectuate the intent of this act is lawful.
History: L. 2011, ch. 76, ยง 1; July 1.

Structure Kansas Statutes

Kansas Statutes

Chapter 75 - State Departments; Public Officers And Employees

Article 62 - Setoff Against Debtors Of The State, Municipalities And Certain Foreign States

75-6201 Statement of policy.

75-6202 Definitions.

75-6203 Setoff, additional collection remedy; duties of creditor; rules and regulations; contribution of income.

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.

75-6205 Same; minimum debt setoff; maximum setoff against earnings.

75-6206 Same; information to director of accounts and reports; notice to debtor; amounts subject to setoff withheld.

75-6207 Hearing procedure; judicial review.

75-6208 Same; time for final setoff; hearing.

75-6209 Same; final setoff; notice and accounting to debtor; hearings on further setoffs, when.

75-6210 Disposition of setoff proceeds; collection assistance fee; debt credited.

75-6211 Same; priority of claims.

75-6212 Same; use of information held by department of revenue for setoff, limitations; duty of confidentiality.

75-6213 Same; setoff procedure regulations under prior law continued.

75-6214 Same; right to hearing, when; refund of amounts improperly setoff.

75-6215 Reciprocal agreements with foreign states.

75-6216 Agreements with federal department of the treasury; offsetting federal and state payments; fees; lawful exchange of information.

75-6217 Prize winnings withheld, when; indemnification of managers and licensees; remittance of withholdings.