KANSAS OFFICE of
  REVISOR of STATUTES

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60-723. Garnishment of earnings of public officers and employees; state property exempt from enforcement of judgments. (a) All provisions, requirements, conditions and exemptions of the garnishment laws of the state of Kansas shall apply to all state, county, city, township and school district officers and employees, as well as to all officers and employees of all municipal or quasi-municipal corporations, to the same extent and effect as such laws apply under the existing statutes of the state of Kansas to officers and employees of private corporations, subject to the limitations contained in K.S.A. 60-717 and 60-718, and amendments thereto.

(b) Consent is hereby given for garnishment proceedings to be brought against the state and such counties, townships, cities, school districts and other municipal or quasi-municipal corporations in the same manner and under the same procedure as is now provided by law for bringing such proceedings against private corporations.

(c) All income withholding orders for support or orders of garnishment attaching earnings of a state officer or employee shall be served upon the director of accounts and reports.

(d) All property, funds, credits and indebtedness of the state or of any agency of the state shall be exempt from garnishment, attachment, levy and execution and sale, and no judgment against the state or any agency of the state shall be a charge or lien on any such property, funds, credits or indebtedness.

History: L. 1963, ch. 303, 60-723; L. 1969, ch. 284, § 3; L. 1981, ch. 232, § 1; L. 1994, ch. 273, § 4; July 1.

Source or prior law:

L. 1919, ch. 237, §§ 1, 2; R.S. 1923, 60-962, 60-963; L. 1933, ch. 83, § 2 (Special Session).

Cross References to Related Sections:

Serving order of attachment, see 60-706(b)(1).

Serving order of garnishment, see 60-732(b).

Service of summons on governmental bodies, see 60-304(d).

Law Review and Bar Journal References:

Discussion of developments in debtor-creditor law between 1965 and 1969, Robert B. Morton, 18 K.L.R. 351, 381 (1970).

Attorney General's Opinions:

Garnishment of earnings of public officers and employees—enforcement of support; payors' duties. 88-129.

CASE ANNOTATIONS

Prior law cases, see G.S. 1949, 60-962, 60-963.

1. Health care stabilization fund's immunity from liability for bad faith failure to settle claim precludes garnishment against fund. Aves v. Shah, 258 Kan. 506, 510, 527, 906 P.2d 642 (1995).


 



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