Kansas SB 323: Modifying the definition of earnings to include paid compensation for wage garnishment exemption purposes.

Bill Text

Session of 2026
SENATE BILL No. 323
By Committee on Judiciary
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AN ACT concerning civil procedure; relating to wage garnishment;
modifying the definition of earnings to include paid compensation for
wage garnishment exemption purposes; amending K.S.A. 60-2310 and
repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 60-2310 is hereby amended to read as follows: 60-
2310. (a) Definitions. As used in this act and the acts of which this act is
amendatory, unless the context otherwise requires, the following words
and phrases shall have the meanings respectively ascribed to them:
(1) "Earnings" means compensation paid or payable for personal
services, whether denominated as wages, salary, commission, bonus or
otherwise;
(2) "disposable earnings" means that part of the earnings of any
individual remaining after the deduction from such earnings of any
amounts required by law to be withheld;
(3) "wage garnishment" means any legal or equitable procedure
through which the earnings of any individual are required to be withheld
for payment of any debt; and
(4) "federal minimum hourly wage" means that wage prescribed by
subsection (a)(1) of section 6 of the federal fair labor standards act of
1938, and any amendments thereto.
(b) Restriction on wage garnishment. Subject to the provisions of
subsection (e), only the aggregate disposable earnings of an individual
may be subjected to wage garnishment. The maximum part of such
earnings of any wage earning individual which who may be subjected to
wage garnishment for any workweek or multiple thereof may not exceed
the lesser of: (1) Twenty-five percent 25% of the individual's aggregate
disposable earnings for that workweek or multiple thereof; (2) the amount
by which the individual's aggregate disposable earnings for that workweek
or multiple thereof exceed an amount equal to 30 times the federal
minimum hourly wage, or equivalent multiple thereof for such longer
period; or (3) the amount of the plaintiff's claim as found in the order for
garnishment. No one creditor may issue more than one garnishment
against the earnings of the same judgment debtor during any one 30-day
period, but the court shall allow the creditor to file amendments or
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corrections of names or addresses of any party to the order of garnishment
at any time. In answering such order the garnishee-employer shall
withhold from all earnings of the judgment-debtor for any pay period or
periods ending during such 30-day period an amount or amounts as are
allowed and required by law. Nothing in this act shall be construed as
charging the plaintiff in any garnishment action with the knowledge of the
amount of any defendant's earnings prior to the commencement of such
garnishment action.
(c) Sickness preventing work. If any debtor is prevented from working
at the debtor's regular trade, profession or calling for any period greater
than two weeks because of illness of the debtor or any member of the
family of the debtor, and this fact is shown by the affidavit of the debtor,
the provisions of this section shall not be invoked against any such debtor
until after the expiration of two months after recovery from such illness.
(d) Assignment of account. If any person, firm or corporation sells or
assigns an account to any person or collecting agency, that person, firm or
corporation or their assignees shall not have or be entitled to the benefits
of wage garnishment. The provision provisions of this subsection shall not
apply to the following:
(1) Assignments of support rights to the secretary for children and
families pursuant to K.S.A. 39-709 and 39-756, and amendments thereto,
and support enforcement actions conducted by court trustees pursuant to
K.S.A. 23-492 et seq., and amendments thereto;
(2) support rights which that have been assigned to any other state
pursuant to title IV-D of the federal social security act, 42 U.S.C. § 651 et
seq.;
(3) assignments of accounts receivable or taxes receivable to the
director of accounts and reports made under K.S.A. 75-3728b, and
amendments thereto; or
(4) collections pursuant to contracts entered into in accordance with
K.S.A. 20-169, and amendments thereto, involving the collection of
restitution or debts to district courts.
(e) Exceptions to restrictions on wage garnishment. The restrictions
on the amount of disposable earnings subject to wage garnishment as
provided in subsection (b) shall not apply in the following instances:
(1) Any order of any court for the support of any person, including
any order for support in the form of alimony, but the foregoing shall be
subject to the restriction provided for in subsection (g);
(2) any order of any court of bankruptcy under chapter XIII of the
federal bankruptcy act; and
(3) any debt due for any state or federal tax.
(f) Prohibition on courts. No court of this stat