Session of 2025
HOUSE BILL No. 2337
By Committee on Financial Institutions and Pensions
Requested by Robert Jacobs on behalf of the Kansas Bureau of Investigation
2-7
AN ACT concerning money transmission; imposing a fee on each
international transaction by a money transmitter by wire; establishing
an income tax credit for fees paid; allowing the state bank
commissioner to assess penalties for the nonpayment of such fees;
providing for the distribution of such fee and penalty moneys;
establishing the criminal litigation fund, wire transfer fee fund and
prosecutor and law enforcement grant fund; creating a misdemeanor
crime of unlawful transmission of a wire transfer and providing
criminal penalties therefor; amending K.S.A. 2024 Supp. 9-555 and 75-
5133 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Any money transmitter by wire, as defined in
K.S.A. 2024 Supp. 9-555, and amendments thereto, shall collect a fee of
$7.50 for each international transaction of $500 or less, or an amount equal
to 1.5% of any international transaction in excess of $500. A receipt for
such fee shall be issued to the customer.
(b) Any such money transmitter by wire shall file monthly reports
and returns with the director of taxation electronically at such times, in
such form and with such information, including records of all international
transaction receipts, as required by the director of taxation. The money
transmitter by wire, at the time of filing such monthly return, shall pay by
electronic fund transfer to the director of taxation the amount of fees
collected as provided by this section. Such return and payment of fees
shall be due on or before the 25
th
day of each month following the monthly
reporting period of the return.
(c) The secretary of revenue:
(1) Shall notify the state bank commissioner of any money transmitter
by wire that has not filed a monthly report for more than 60 days;
(2) may, upon request of the commissioner, assist in conducting
audits and the seeking of legal remedies to ensure compliance with this
section;
(3) may request the commissioner to make a claim against the surety
bond of the money transmitter by wire for unpaid fees, interest and fines
on behalf of the state; and
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(4) may adopt rules and regulations necessary to administer the
provisions of subsections (a) through (c).
(d) The commissioner may:
(1) Assess penalties equal to the amount of fees owed for
nonpayment of fees as provided in this section;
(2) make a claim against the surety bond of the licensee for unpaid
fees, interest and fines on behalf of the state upon the request of the
director of taxation; and
(3) adopt rules and regulations necessary to administer the provisions
of this subsection.
(e) (1) All money transmitter by wire fee moneys collected by the
director of taxation and all penalties assessed by the commissioner
pursuant to this section shall be remitted to the state treasurer on July 15,
2026, and each July 15, thereafter. Upon receipt of each such remittance,
the state treasurer shall deposit the entire amount in the state treasury and
shall credit to the state general fund an amount equal to the amount of tax
credits allowed under section 5, and amendments thereto, for the
immediately preceding tax year, as certified by the director of taxation.
The balance of such fee and penalty moneys shall be credited as follows:
(A) 30% to the criminal litigation fund established in section 2, and
amendments thereto;
(B) 45% to the wire transfer fee fund established in section 3, and
amendments thereto; and
(C) 25% to the prosecutor and law enforcement grant fund
established in section 4, and amendments thereto.
(2) At the same time that the director of taxation transmits
certification to the state treasurer, the director of taxation shall transmit a
copy of each such certification to the director of the budget and the
director of legislative research.
(f) The provisions of K.S.A. 79-3609, 79-3610, 79-3611, 79-3612,
79-3615, 79-3617 and 79-3643, and amendments thereto, shall apply to the
administration and enforcement of the fee authorized by this section.
New Sec. 2. There is hereby established in the state treasury the
criminal litigation fund. The criminal litigation fund shall be administered
by the attorney general. All expenditures from such fund shall be for the
costs of investigating and prosecuting criminal cases. No expenditures
shall be made from such fund for the activities of the medicaid fraud and
abuse division created by K.S.A. 75-725, and amendments thereto. All
expenditures from such fund shall be made in accordance with
appropriation acts upon warrants of the director of accounts and reports
issued pursuant to vouchers approved by the attorney general or the
attorney general's designee.
New Sec. 3. There is hereby established in the state treasury the wire
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transfer fee fund. The wire transfer fee fund shall be administered by the
director of the Kansas bureau of investigation. All expenditures from such
fund shall be for complex drug and white-collar criminal investigations.
All expenditures from such fund shall be made in accordance with
appropriation acts upon warrants of the director of accounts and reports
issued pursuant to vouchers approved by the director of the Kansas bureau
of investigation or the director's designee.
New Sec. 4. (a) There is hereby established in the state treasury the
prosecutor and law enforcement grant fund. The prosecutor and law
enforcement grant fund shall be administered by the Kansas criminal
justice coordinating council established by K.S.A. 74-9501, and
amendments thereto. All moneys credited to such fund shall be for the
purpose of awarding grants to county attorneys or district attorneys or
local law enforcement agencies in accordance with the standards and
statewide strategic plan adopted for the federal Edward Byrne memorial
justice assistance grant program. All expenditures from such fund shall be
made in accordance with appropriation acts upon warrants of the director
of accounts and reports issued pursuant to vouchers approved by the
chairperson of the Kansas criminal justice coordinating council or the
chairperson's designee.
(b) Any law enforcement agency that has a policy of refusing or
failing to coordinate with federal immigration authorities or refuses to
honor an immigration detainer to the best of their ability shall be ineligible
for any distribution of funds from the prosecutor and law enforcement
grant fund. The attorney general shall identify, on an annual basis, to the
Kansas criminal justice coordinating council any agency that is ineligible
for funds pursuant to this subsection.
New Sec. 5. (a) For taxable years commencing after December 31,
2023, there shall be allowed a credit against the tax imposed by the Kansas
income tax act and the privilege tax pursuant to K.S.A. 79-1106 et seq.,
and amendments thereto, an amount equal to the amount of any fees paid
pursuant to the provisions of section 1, and amendments thereto, during
the tax year.
(b) The credit allowed by this section shall not exceed the amount of
tax imposed under the Kansas income tax act or the privilege tax reduced
by the sum of any other credits allowable pursuant to law. If the amount of
such tax credit exceeds the taxpayer's income or privilege tax liability for
such tax year, the taxpayer may carry over the amount that exceeds such
tax liability for deduction from the taxpayer's liability in the next
succeeding tax year or years until the total amount of the tax credit has
been deducted from tax liability, except that no such tax credit shall be
carried over for deduction after the 5
th
tax year succeeding the tax year in
which the expenditures were incurred.
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New Sec. 6. (a) Unlawful transmission of a wire transfer is any of the
following when done by a person who is not a United States citizen or an
alien who is lawfully present in the United States:
(1) Sending or receiving a wire transfer;
(2) depositing money in a financial institution for the purpose of
sending a wire transfer; or
(3) withdrawing the proceeds of a wire transfer.
(b) Unlawful transmission of a wire transfer is a class C nonperson
misdemeanor.
(c) This section shall be a part of and supplemental to the Kansas
criminal code.
Sec. 7. K.S.A. 2024 Supp. 9-555 is hereby amended to read as
follows: 9-555. (a) K.S.A. 2024 Supp. 9-555 through 9-596, and
amendments thereto, shall be known and may be cited as the Kansas
money transmission act.
(b) As used in the Kansas money transmission act:
(1) "Act" means the Kansas money transmission act.
(2) "Acting in concert" means persons knowingly acting together
with a common goal of jointly acquiring control of a licensee whether or
not pursuant to an express agreement.
(3) "Authorized delegate" means a person designated by a licensee to
engage in money transmission on behalf of the licensee.
(4) "Average daily money transmission liability" means the amount of
the licensee's outstanding money transmission obligations in Kansas at the
end of each day in a given period of time added together and divided by
the total number of days in the given period of time. For any licensee
required to calculate "average daily money transmission liability" pursuant
to this act, the given period of time shall be the calendar quarters ending
March 31, June 30, September 30 and December 31.
(5) "Closed loop stored value" means stored value that is redeemable
by the issuer only for goods or services provided by the issuer or the
issuer's affiliates or franchisees of the issuer or the franchisees's affiliates,
except to the extent required by applicable law to be redeemable in cash
for its cash value.
(6) "Commissioner" means the state bank commissioner, or a person
designated by the state bank commissioner to enforce this act.
(7) "Control" means the power to:
(A) Vote directly or indirectly at least 25% of the outstanding voting
shares or voting interests of a licensee or person in control of a licensee;
(B) elect or appoint a majority of key individuals or executive
officers, managers, directors, trustees or other persons exercising
managerial authority of a person in control of a licensee; or
(C) exercise, directly or indirectly, a controlling influence over the
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management or policies of a licensee or person in control of a licensee.
(8) "Eligible rating" means a credit rating from any of the three
highest rating categories provided by an eligible rating service. Each rating
category may include rating category modifiers such as plus or minus for
Standard & Poor or the equivalent for any other eligible rating service.
"Eligible rating" shall be determined as follows:
(A) Long-term credit ratings shall be deemed eligible if the rating is
equal to A- or higher by Standard & Poor or the equivalent from any other
eligible rating service.
(B) Short-term credit ratings are deemed eligible if the rating is equal
to or higher than A-2 or SP-2 by Standard & Poor or the equivalent from
any other eligible rating service. If ratings differ among eligible rating
services, the highest rating shall apply when determining whether a
security bears an eligible rating.
(9) "Eligible rating service" means any nationally recognized
statistical rating organization that has been registered by the securities and
exchange commission or any organization designated by the commissioner
through order or rules and regulations as an eligible rating service.
(10) "Federally insured depository financial institution" means a
bank, credit union, savings and loan association, trust company, savings
association, savings bank, industrial bank or industrial loan company
organized under the laws of the United States or any state of the United
States, when such bank, credit union, savings and loan association, trust
company, savings association, savings bank, industrial bank or industrial
loan company has federally insured deposits.
(11) "In Kansas" means the:
(A) Physical location of a person who is requesting a transaction in
person in the state of Kansas; or
(B) person's residential address or the principal place of business for a
person requesting a transaction electronically or by telephone if such
residential address or principal place of business is in the state of Kansas.
(12) "Individual" means a natural person.
(13) "Key individual" means any individual ultimately responsible for
establishing or directing policies and procedures of the licensee, including,
but not limited to, an executive officer, manager, director or trustee.
(14) "Licensee" means a person licensed under this act.
(15) "Material litigation" means litigation, that according to United
States generally accepted accounting principles, is significant to a person's
financial health and would be a required disclosure in the person's annual
audited financial statements, report to shareholders or similar records.
(16) "Money" means a medium of exchange that is authorized or
adopted by the United States or a foreign government. "Money" includes a
monetary unit of account established by an intergovernmental organization
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or by agreement between two or more governments.
(17) "Monetary value" means a medium of exchange, whether or not
redeemable in money.
(18) (A) "Money transmission" means any of the following:
(i) Selling or issuing payment instruments to a person located in
Kansas;
(ii) selling or issuing stored value to a person located in Kansas;
(iii) receiving money for transmission from a person located in
Kansas; or
(iv) payroll processing services.
(B) "Money transmission" does not include the provision of solely
online or telecommunications services or network access.
(19) "Money service business accredited state" means a state agency
that is accredited by the conference of state bank supervisors and money
transmitter regulators association for money transmission licensing and
supervision.
(20) "Money transmitter by wire" means any person receiving
payment for the service of sending or receiving money from another
location or person. "Money transmitter by wire" does not include:
(A) The United States government or a department, agency or
instrumentality thereof;
(B) money transmission by the United States postal service or by a
contractor on behalf of the United States postal service;
(C) a state, county, city or any other governmental agency or
political subdivision of a state;
(D) electronic funds transfer of governmental benefits for a federal,
state, county or governmental agency by a contractor on behalf of the
United States government or a department, agency or instrumentality
thereof, a state or governmental subdivision, agency or instrumentality
thereof;
(E) a board of trade designated as a contract market under the
federal commodity exchange act or a person that, in the ordinary course
of business, provides clearance and settlement services for a board of
trade to the extent of such person's operation as or for such a board of
trade;
(F) a registered futures commission merchant under the federal
commodities law to the extent of its operation as such merchant;
(G) a person that provides clearance or settlement services pursuant
to a registration as a clearing agency or an exemption from such
registration granted under federal securities law to the extent of such
person's operation as a provider;
(H) an operator of a payment system to the extent that such operator
provides processing, clearing or settlement services, between or among
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persons excluded by this subsection, in connection with wire transfers,
credit card transactions, debit card transactions, stored-value
transactions, automated clearing house transfers or similar funds
transfers;
(I) a person registered as a securities broker-dealer under federal or
state securities law to the extent of such person's operation as a broker-
dealer; or
(J) a federally insured depository financial institution.
(20)(21) "Multistate licensing process" means any agreement entered
into by state regulators relating to coordinated processing of applications
for money transmission licenses, applications for the acquisition of control
of a licensee, control determinations or notice and information
requirements for a change of key individuals.
(21)(22) "Nationwide multistate licensing system and registry" means
a licensing system developed by the conference of state bank supervisors
and the American association of residential mortgage regulators and
owned and operated by the state regulatory registry, limited liability
company or any successor or affiliated entity for the licensing and
registration of persons in financial services industries.
(22)(23) (A) "Outstanding money transmission obligation" means:
(i) Any payment instrument or stored value issued or sold by the
licensee to a person located in the United States or reported as sold by an
authorized delegate of the licensee to a person that is located in the United
States that has not yet been paid or refunded by or for the licensee or
escheated in accordance with applicable abandoned property laws; or
(ii) any money received for transmission by the licensee or an
authorized delegate in the United States from a person located in the
United States that has not been received by the payee or refunded to the
sender or escheated in accordance with applicable abandoned property
laws.
(B) "In the United States" includes a person in any state, territory or
possession of the United States, the District of Columbia, the
commonwealth of Puerto Rico or a United States military installation that
is located in a foreign country.
(23)(24) "Passive investor" means a person that:
(A) Does not have the power to elect a majority of key individuals or
executive officers, managers, directors, trustees or other persons exercising
managerial authority of a person in control of a licensee;
(B) is not employed by and does not have any managerial duties of
the licensee or person in control of a licensee; or
(C) does not have the power to exercise, directly or indirectly, a
controlling influence over the management or policies of a licensee or
person in control of a licensee; and
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(D) (i) Either attests to subparagraphs (A), (B) and (C) in a form and
in a manner prescribed by the commissioner; or
(ii) commits to the passivity characteristics of subparagraphs (A), (B)
and (C) in a written document.
(24)(25) (A) "Payment instrument" means a written or electronic
check, draft, money order, traveler's check or other written or electronic
instrument for the transmission or payment of money or monetary value,
regardless of negotiability.
(B) "Payment instrument" does not include stored value or any
instrument that is:
(i) Redeemable by the issuer only for goods or services provided by
the issuer or the issuer's affiliate or franchisees of the issuer or the
franchisees' affiliate, except to the extent required by applicable law to be
redeemable in cash for its cash value; or
(ii) not sold to the public but issued and distributed as part of a
loyalty, rewards or promotional program.
(25)(26) "Payroll processing services" means the receipt of money for
transmission pursuant to a contract with a person to deliver wages or
salaries, make payment of payroll taxes to state and federal agencies, make
payments relating to employee benefit plans or make distributions of other
authorized deductions from wages or salaries. "Payroll processing
services" does not include an employer performing payroll processing
services on the employer's own behalf or on behalf of an affiliate.
(26)(27) "Person" means any individual, general partnership, limited
partnership, limited liability company, corporation, trust, association, joint
stock corporation or other corporate entity identified or recognized by the
commissioner.
(27)(28) "Receiving money for transmission" or "money received for
transmission" means the receipt of money or monetary value in the United
States for transmission within or outside the United States by electronic or
other means.
(28)(29) "Stored value" means monetary value representing a claim
against the issuer evidenced by an electronic or digital record and that is
intended and accepted for use as a means of redemption for money or
monetary value or payment for goods or services. "Stored value" includes,
but is not limited to, prepaid access as defined by 31 C.F.R. § 1010.100.
"Stored value" does not include a payment instrument or closed loop
stored value or stored value not sold to the public but issued and
distributed as part of a loyalty, rewards or promotional program.
(29)(30) "Tangible net worth" means the aggregate assets of a
licensee excluding all intangible assets, less liabilities, as determined in
accordance with United States generally accepted accounting principles.
(c) This section shall take effect on and after January 1, 2025.
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Sec. 8. K.S.A. 2024 Supp. 75-5133 is hereby amended to read as
follows: 75-5133. (a) Except as otherwise more specifically provided by
law, all information received by the secretary of revenue, the director of
taxation or the director of alcoholic beverage control from returns, reports,
license applications or registration documents made or filed under the
provisions of any law imposing any sales, use or other excise tax
administered by the secretary of revenue, the director of taxation, or the
director of alcoholic beverage control, or from any investigation conducted
under such provisions, shall be confidential, and it shall be unlawful for
any officer or employee of the department of revenue to divulge any such
information except in accordance with other provisions of law respecting
the enforcement and collection of such tax, in accordance with proper
judicial order or as provided in K.S.A. 74-2424, and amendments thereto.
(b) The secretary of revenue or the secretary's designee may:
(1) Publish statistics, so classified as to prevent identification of
particular reports or returns and the items thereof;
(2) allow the inspection of returns by the attorney general or the
attorney general's designee;
(3) provide the post auditor access to all such excise tax reports or
returns in accordance with and subject to the provisions of K.S.A. 46-
1106(e), and amendments thereto;
(4) disclose taxpayer information from excise tax returns to persons
or entities contracting with the secretary of revenue where the secretary
has determined disclosure of such information is essential for completion
of the contract and has taken appropriate steps to preserve confidentiality;
(5) provide information from returns and reports filed under article 42
of chapter 79 of the Kansas Statutes Annotated, and amendments thereto,
to county appraisers as is necessary to ensure proper valuations of
property. Information from such returns and reports may also be
exchanged with any other state agency administering and collecting
conservation or other taxes and fees imposed on or measured by mineral
production;
(6) provide, upon request by a city or county clerk or treasurer or
finance officer of any city or county receiving distributions from a local
excise tax, monthly reports identifying each retailer doing business in such
city or county or making taxable sales sourced to such city or county,
setting forth the tax liability and the amount of such tax remitted by each
retailer during the preceding month, and identifying each business location
maintained by the retailer and such retailer's sales or use tax registration or
account number;
(7) provide information from returns and applications for registration
filed pursuant to K.S.A. 12-187, and amendments thereto, and K.S.A. 79-
3601, and amendments thereto, to a city or county treasurer or clerk or
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finance officer to explain the basis of statistics contained in reports
provided by subsection (b)(6);
(8) disclose the following oil and gas production statistics received by
the department of revenue in accordance with K.S.A. 79-4216 et seq., and
amendments thereto: Volumes of production by well name, well number,
operator's name and identification number assigned by the state
corporation commission, lease name, leasehold property description,
county of production or zone of production, name of purchaser and
purchaser's tax identification number assigned by the department of
revenue, name of transporter, field code number or lease code, tax period,
exempt production volumes by well name or lease, or any combination of
this information;
(9) release or publish liquor brand registration information provided
by suppliers, farm wineries, microdistilleries and microbreweries in
accordance with the liquor control act. The information to be released is
limited to: Item number, universal numeric code, type status, product
description, alcohol percentage, selling units, unit size, unit of
measurement, supplier number, supplier name, distributor number and
distributor name;
(10) release or publish liquor license information provided by liquor
licensees, distributors, suppliers, farm wineries, microdistilleries and
microbreweries in accordance with the liquor control act. The information
to be released is limited to: County name, owner, business name, address,
license type, license number, license expiration date and the process agent
contact information;
(11) release or publish cigarette and tobacco license information
obtained from cigarette and tobacco licensees in accordance with the
Kansas cigarette and tobacco products act. The information to be released
is limited to: County name, owner, business name, address, license type
and license number;
(12) provide environmental surcharge or solvent fee, or both,
information from returns and applications for registration filed pursuant to
K.S.A. 65-34,150 and 65-34,151, and amendments thereto, to the secretary
of health and environment or the secretary's designee for the sole purpose
of ensuring that retailers collect the environmental surcharge tax or solvent
fee, or both;
(13) provide water protection fee information from returns and
applications for registration filed pursuant to K.S.A. 82a-954, and
amendments thereto, to the secretary of the state board of agriculture or the
secretary's designee and the secretary of the Kansas water office or the
secretary's designee for the sole purpose of verifying revenues deposited to
the state water plan fund;
(14) provide to the secretary of commerce copies of applications for
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project exemption certificates sought by any taxpayer under the enterprise
zone sales tax exemption pursuant to K.S.A. 79-3606(cc), and
amendments thereto;
(15) disclose information received pursuant to the Kansas cigarette
and tobacco act and subject to the confidentiality provisions of this act to
any criminal justice agency, as defined in K.S.A. 22-4701(c), and
amendments thereto, or to any law enforcement officer, as defined in
K.S.A. 21-5111, and amendments thereto, on behalf of a criminal justice
agency, when requested in writing in conjunction with a pending
investigation;
(16) provide to retailers tax exemption information for the sole
purpose of verifying the authenticity of tax exemption numbers issued by
the department;
(17) provide information concerning remittance by sellers, as defined
in K.S.A. 12-5363, and amendments thereto, of prepaid wireless 911 fees
from returns to the local collection point administrator, as defined in
K.S.A. 12-5363, and amendments thereto, for purposes of verifying seller
compliance with collection and remittance of such fees;
(18) release or publish charitable gaming information obtained in
charitable gaming licensee and registration applications and renewals in
accordance with the Kansas charitable gaming act, K.S.A. 75-5171 et seq.,
and amendments thereto. The information to be released is limited to: The
name, address, phone number, license registration number and email
address of the organization, distributor or of premises;
(19) provide to the attorney general confidential information for
purposes of determining compliance with or enforcing K.S.A. 50-6a01 et
seq., and amendments thereto, the master settlement agreement referred to
therein and all agreements regarding disputes under the master settlement
agreement. The secretary and the attorney general may share the
information specified under this subsection with any of the following:
(A) Federal, state or local agencies for the purposes of enforcement
of corresponding laws of other states; and
(B) a court, arbitrator, data clearinghouse or similar entity for the
purpose of assessing compliance with or making calculations required by
the master settlement agreement or agreements regarding disputes under
the master settlement agreement, and with counsel for the parties or expert
witnesses in any such proceeding, if the information otherwise remains
confidential; and
(20) disclose taxpayer information that is received from income tax
returns to the department of commerce that may be disclosed pursuant to
the provisions of K.S.A. 2024 Supp. 74-50,227, and amendments thereto,
for the purpose of including such information in the database required by
K.S.A. 2024 Supp. 74-50,227, and amendments thereto; and
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(21) provide information concerning a money transmitter by wire to
the state bank commissioner for the purposes of section 1, and
amendments thereto.
(c) Any person receiving any information under the provisions of
subsection (b) shall be subject to the confidentiality provisions of
subsection (a) and to the penalty provisions of subsection (d).
(d) Any violation of this section shall be a class A, nonperson
misdemeanor, and if the offender is an officer or employee of this state,
such officer or employee shall be dismissed from office. Reports of
violations of this paragraph shall be investigated by the attorney general.
The district attorney or county attorney and the attorney general shall have
authority to prosecute any violation of this section if the offender is a city
or county clerk or treasurer or finance officer of a city or county.
Sec. 9. K.S.A. 2024 Supp. 9-555 and 75-5133 are hereby repealed.
Sec. 10. This act shall take effect and be in force from and after its
publication in the statute book.
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