Memorandum

Identifying Information:Attorney General's Opinion 93-80
Tax Type:Vehicles
Brief Description:Attorney General Opinion 93-80
Keywords:
Effective Date:07/01/1993



Body:
State of Kansas
Department of Revenue
Division of Vehicles
Titles & Registration Bureau


M E M O R A N D U M


TO: County Treasurers and Staff

FROM: Marge Bailey, Chief, Titles and Registrations

DATE: July 1, 1993

RE: Attorney General Opinion 93-80


Enclosed, please find Attorney General’s Opinion No. 93-80, regarding the acceptance of credit cards for payment of vehicle registrations and motor vehicle taxes levied annually for registration periods.

The Attorney General’s opinion rules that the county may not, pursuant to home rule powers, provide for the acceptance of credit cards or impose additional fees to cover the service charge associated with the acceptance of credit cards.

The opinion also states there is no authority for assessing a fee in addition to those specifically authorized by statute for payment of costs associated with the acceptance of credit card payments and, because the statutes are uniform and preempt the field, there is no room for local legislation on the subject.

The Department of Revenue does not oppose the concept of accepting credit cards for payment of registration fees and personal property taxes, providing legislation is passed authorizing the acceptance of such payment. According to the American Association of Motor Vehicle Administrators, federal legislation is pending regarding the issue.

MB:lg


Date Composed: 04/21/1998 Date Modified: 10/09/2001