Kansas 2023-2024 Regular Session

Kansas House Bill HB2133 Compare Versions

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1	1	Session of 2023
2	2	HOUSE BILL No. 2133
3	3	By Committee on Financial Institutions and Pensions
4	4	1-23
5	5	AN ACT concerning financial institutions; relating to payments made with
6	6	credit and debit cards; allowing a surcharge for use of such cards;
7	7	amending K.S.A. 12-16,125 and 72-1176 and K.S.A. 2022 Supp. 19-
8	8	122 and 75-30,100 and repealing the existing sections; also repealing
9	9	K.S.A. 2022 Supp. 16a-2-403.
10	10	Be it enacted by the Legislature of the State of Kansas:
11	11	Section 1. K.S.A. 12-16,125 is hereby amended to read as follows:
12	12	12-16,125. A city may accept credit or debit cards for the payment of
13	13	taxes, utility fees or other exactions. The city may establish the type of
14	14	credit or debit card the city will accept. The city may set a fee to be added
15	15	to each credit card transaction equal to the charge paid by the city for the
16	16	use of the credit card by the person. If the city imposes a fee for payments
17	17	made by credit card, the city shall provide notice of such fee to the person
18	18	making payment by credit card.
19	19	Any transaction involving payment by credit card pursuant to this
20	20	section shall not be subject to the provisions of K.S.A. 16a-2-403, and
21	21	amendments thereto.
22	22	Sec. 2. K.S.A. 2022 Supp. 19-122 is hereby amended to read as
23	23	follows: 19-122. (a) Any county may accept credit or debit cards for the
24	24	payment of any taxes, utility fees or other exactions. The county may
25	25	establish the type of credit or debit card the county will accept. The county
26	26	may set a fee to be added to each credit card transaction equal to the
27	27	charge paid by the county for the use of the credit card by the person. If
28	28	the county imposes a fee for payments made by credit card, the county
29	29	shall provide notice of such fee to the person making payment by credit
30	30	card.
31	31	(b) Any transaction involving payment by credit card pursuant to this
32	32	section shall not be subject to the provisions of K.S.A. 16a-2-403, and
33	33	amendments thereto.
34	34	Sec. 3. K.S.A. 72-1176 is hereby amended to read as follows: 72-
35	35	1176. The board of education of any school district, pursuant to a policy
36	36	developed and adopted by the board, may provide for the acceptance of
37	37	payment in the form of a credit or debit card of fees, tuition or other
38	38	charges imposed by the school district. The policy may provide for
39	39	imposition of an additional fee to recover the actual amount of any costs
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76	76	incurred by the school district by reason of the method of payment used.
77	77	The policy also may provide for establishment by the school district of
78	78	secure internet sockets that will allow payment by a credit or debit card via
79	79	the internet. Any transactions involving payment by credit card pursuant to
80	80	this section shall not be subject to the provisions of K.S.A. 16a-2-403, and
81	81	amendments thereto.
82	82	Sec. 4. K.S.A. 2022 Supp. 75-30,100 is hereby amended to read as
83	83	follows: 75-30,100. (a) Any state agency that imposes or collects fees,
84	84	tuition or other charges shall accept payment thereof in the form of a
85	85	personal, certified or cashier's check or money order. A state agency may
86	86	accept payment by credit card, debit card or other method designated by
87	87	the agency. A state agency may impose an additional fee to recover the
88	88	actual amount of any cost incurred by reason of the method of payment
89	89	used by the payee.
90	90	(b) In addition to the methods specified in subsection (a), after June
91	91	30, 2001, a state agency shall accept payment of fees, tuition or other
92	92	charges in the form of a credit card or debit card.
93	93	(c) Any transactions involving payment by credit card or debit card
94	94	pursuant to this section shall not be subject to the provisions of K.S.A.
95	95	16a-2-403, and amendments thereto.
96	96	(d) The provisions of this section shall not apply to any fees, fines or
97	97	charges imposed by the secretary of corrections on offenders under the
98	98	jurisdiction of the secretary of corrections or juvenile offenders placed in
99	99	juvenile correctional facilities under the jurisdiction of the secretary of
100	100	corrections.
101	101	(e) Any municipal university, community college, technical college or
102	102	vocational educational school, as defined by K.S.A. 74-3201b, and
103	103	amendments thereto, or not-for-profit private postsecondary educational
104	104	institution that was granted approval to confer academic or honorary
105	105	degrees by the Kansas state board of education under the provisions of
106	106	K.S.A. 17-6105, prior to its repeal, or is otherwise exempt from the Kansas
107	107	private and out-of-state postsecondary educational institution act pursuant
108	108	to K.S.A. 74-32,164, and amendments thereto, accepting payment of fees,
109	109	tuition or other charges in the form of a credit card or debit card shall not
110	110	be subject to the provisions of K.S.A. 16a-2-403, and amendments thereto.
111	111	Sec. 5. K.S.A. 12-16,125 and 72-1176 and K.S.A. 2022 Supp. 16a-2-
112	112	403, 19-122 and 75-30,100 are hereby repealed.
113	113	Sec. 6. This act shall take effect and be in force from and after its
114	114	publication in the statute book.
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