Session of 2023
HOUSE BILL No. 2133
By Committee on Financial Institutions and Pensions
1-23
AN ACT concerning financial institutions; relating to payments made with
credit and debit cards; allowing a surcharge for use of such cards;
amending K.S.A. 12-16,125 and 72-1176 and K.S.A. 2022 Supp. 19-
122 and 75-30,100 and repealing the existing sections; also repealing
K.S.A. 2022 Supp. 16a-2-403.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 12-16,125 is hereby amended to read as follows:
12-16,125. A city may accept credit or debit cards for the payment of
taxes, utility fees or other exactions. The city may establish the type of
credit or debit card the city will accept. The city may set a fee to be added
to each credit card transaction equal to the charge paid by the city for the
use of the credit card by the person. If the city imposes a fee for payments
made by credit card, the city shall provide notice of such fee to the person
making payment by credit card.
Any transaction involving payment by credit card pursuant to this
section shall not be subject to the provisions of K.S.A. 16a-2-403, and
amendments thereto.
Sec. 2. K.S.A. 2022 Supp. 19-122 is hereby amended to read as
follows: 19-122. (a) Any county may accept credit or debit cards for the
payment of any taxes, utility fees or other exactions. The county may
establish the type of credit or debit card the county will accept. The county
may set a fee to be added to each credit card transaction equal to the
charge paid by the county for the use of the credit card by the person. If
the county imposes a fee for payments made by credit card, the county
shall provide notice of such fee to the person making payment by credit
card.
(b) Any transaction involving payment by credit card pursuant to this
section shall not be subject to the provisions of K.S.A. 16a-2-403, and
amendments thereto.
Sec. 3. K.S.A. 72-1176 is hereby amended to read as follows: 72-
1176. The board of education of any school district, pursuant to a policy
developed and adopted by the board, may provide for the acceptance of
payment in the form of a credit or debit card of fees, tuition or other
charges imposed by the school district. The policy may provide for
imposition of an additional fee to recover the actual amount of any costs
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incurred by the school district by reason of the method of payment used.
The policy also may provide for establishment by the school district of
secure internet sockets that will allow payment by a credit or debit card via
the internet. Any transactions involving payment by credit card pursuant to
this section shall not be subject to the provisions of K.S.A. 16a-2-403, and
amendments thereto.
Sec. 4. K.S.A. 2022 Supp. 75-30,100 is hereby amended to read as
follows: 75-30,100. (a) Any state agency that imposes or collects fees,
tuition or other charges shall accept payment thereof in the form of a
personal, certified or cashier's check or money order. A state agency may
accept payment by credit card, debit card or other method designated by
the agency. A state agency may impose an additional fee to recover the
actual amount of any cost incurred by reason of the method of payment
used by the payee.
(b) In addition to the methods specified in subsection (a), after June
30, 2001, a state agency shall accept payment of fees, tuition or other
charges in the form of a credit card or debit card.
(c) Any transactions involving payment by credit card or debit card
pursuant to this section shall not be subject to the provisions of K.S.A.
16a-2-403, and amendments thereto.
(d) The provisions of this section shall not apply to any fees, fines or
charges imposed by the secretary of corrections on offenders under the
jurisdiction of the secretary of corrections or juvenile offenders placed in
juvenile correctional facilities under the jurisdiction of the secretary of
corrections.
(e) Any municipal university, community college, technical college or
vocational educational school, as defined by K.S.A. 74-3201b, and
amendments thereto, or not-for-profit private postsecondary educational
institution that was granted approval to confer academic or honorary
degrees by the Kansas state board of education under the provisions of
K.S.A. 17-6105, prior to its repeal, or is otherwise exempt from the Kansas
private and out-of-state postsecondary educational institution act pursuant
to K.S.A. 74-32,164, and amendments thereto, accepting payment of fees,
tuition or other charges in the form of a credit card or debit card shall not
be subject to the provisions of K.S.A. 16a-2-403, and amendments thereto.
Sec. 5. K.S.A. 12-16,125 and 72-1176 and K.S.A. 2022 Supp. 16a-2-
403, 19-122 and 75-30,100 are hereby repealed.
Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.
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