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Minutes for SB104 - Committee on Financial Institutions and Insurance
Short Title
Allowing a surcharge when purchases are made with a credit or debit card.
Minutes Content for Thu, Feb 9, 2023
Chairperson Longbine opened the meeting and greeted the members, staff, and guests. He opened the hearing on SB104.
Adam Siebers, Assistant Revisor of Statutes, Kansas Revisor of Statutes Office, presented a bill brief explaining the section of the Kansas Statutes Annotated (K.S.A. 16a-2-403) that would be repealed by the passage of SB104. He answered questions from Senators Pittman, Gossage, Fagg, and Olson. (Attachment 1)
Chairperson Longbine called for the oral proponents. He asked that members save their questions until all proponents had spoken.
Oral Proponents:
Eric Stafford, VP, Government Affairs, Kansas Chamber (Attachment 2)
Dan Murray, Kansas State Director, National Federation of Independent Business (Attachment 3)
Scott Schneider, J.D., on behalf of Kansas Restaurant & Hospitality Association (Attachment 4)
Amy Campbell on behalf of Kansas Association of Beverage Retailers (Attachment 5)
Chad Morrissey, Chief Operating Officer, Tech Incorporated, Lenexa, KS (Attachment 6)
Pam Scott on behalf of Kansas Funeral Directors Association (Attachment 7)
Grant Bauserman, Owner of eight Meneike [sic] Car Care Centers, Wichita, KS (Attachment 8)
Chairperson Longbine pointed the members' attention to the Proponent Written-Only testimony of:
Don McNeely, President, Kansas Auto Dealers Association (KADA) (Attachment 9)
Kevin Walker, SVP, Public Policy, Overland Park Chamber of Commerce (Attachment 10)
Jay Hall on behalf of the Kansas Association of Counties (KAC) (Attachment 11)
Shahira Stafford on behalf of the Kansas Cooperative Council (KCC) (Attachment 12)
Randy Stookey on behalf of the Kansas Grain and Feed Association and Kansas Agribusiness Retailers Association (Attachment 13)
Kevin Gregg, Executive Director, Fuel True, Independent Energy & Convenience (Attachment 14)
Jason Watkins, on behalf of The Chamber, Wichita, Kansas (Attachment 15)
The oral proponents answered questions from Senators Fagg, Gossage, Olson, Warren, Kloos, and Pittman.
Oral Neutral Testimony was presented by:
Eiman Siddiqui, on behalf of American Express, who testified via Webex. Mr. Siddiqui made two suggestions:
1) The legislation should require clear and conspicuous disclosure of any surcharge; and,
2) Credit card surcharges should be capped at a reasonable level. (Attachment 16)
Written-Only Neutral Testimony was presented by:
Brock Roehler, General Counsel, Office of the State Bank Commissioner (Attachment 17)
Eileen Ma, Assistant Revisor, Kansas Revisor of Statutes Office provided copies of the two cases quoted several times during today's hearing:
CARDX. LLC v. SCHMIDT (Attachment 18) and
EXPRESSIONS HAIR DESIGN, et.al. v. SCHNEIDERMAN (Attachment 19)
There being no other questions or comments, and no other proponent, opponent, or neutral testimony submitted, Chairperson Longbine closed the hearing on SB104.
The meeting adjourned at 10:18 am. The next scheduled meeting is Tuesday, February 14, 2023, at 9:30 am, in room 546-South of the Capitol.
