Title 50, Chapter 1, Section 6
( 50-1-6)
(a) Notwithstanding any other provision of general or local law to
the contrary, any officer or unit of state or local government who
or which is required or authorized to receive or collect any
payments to state or local government is authorized but not required
to accept credit card payment of such amounts. (b) This Code section shall be broadly construed to authorize but
not require acceptance of credit card payments by: (1) All departments, agencies, boards, bureaus, commissions,
authorities, and other units of state government, by whatever name
called; (2) All officers, officials, employees, and agents of the state
and such units of state government, by whatever name called; (3) All political subdivisions of the state, including counties,
municipalities, school districts, and local authorities; (4) All departments, agencies, boards, bureaus, commissions,
authorities, and other units of such political subdivisions, by
whatever name called; and (5) All officers, officials, employees, and agents of such units
of political subdivisions. (c) This Code section shall be broadly construed to authorize but
not require acceptance of credit card payments of all types of
amounts payable, including but not limited to taxes, license and
registration fees, fines, and penalties. For purposes of this Code
section, the term "credit card" shall be deemed to include credit
cards, charge cards, and debit cards. (d) The decision as to whether to accept credit card payments for
any particular type of payment shall be made by the officer or board
or other body having general discretionary authority over the manner
of acceptance of such type of payments. If credit card payments are
to be accepted, such officer or board or other body shall be
authorized to adopt reasonable policies, rules, or regulations not
in conflict with this Code section governing the manner of
acceptance of credit card payments. However, no credit card payments
shall be accepted for local ad valorem taxes without the formal
agreement of the governing authority of the political subdivision
for whose benefit such taxes are collected, and no credit card
payments shall be accepted for any state taxes or fees without
formal approval by the State Depository Board. The officer or board
or other body having the general discretionary authority over the
manner of acceptance of such payments shall be authorized to enter
into appropriate agreements with credit card issuers or other
appropriate parties as needed to facilitate the acceptance of credit
card payments. Without limiting the generality of the foregoing,
such agreements may provide for the acceptance of credit card
payments at a discount from their face amount or the payment or
withholding of administrative fees from the face amount of such
payments. Such discount or administrative fees may be authorized
when the officer or board or other body determines that any
reduction of revenue resulting from such discount or fees will be in
the best interest of state or local government. Factors which may be
considered in making such a determination may include but are not
necessarily limited to improved governmental cash flow, reduction of
governmental overhead, improved governmental financial security, or
a combination of one or more of the foregoing together with the
benefit of increased public convenience. Any such agreement shall
provide that it may be canceled at any time by the affected officer
or unit of state or local government, but the agreement may include
provisions for a reasonable brief period of notice for cancellation. (e) An officer or board or other body authorizing acceptance of
credit card payments shall be authorized but not required to impose
a surcharge upon the person making a payment by credit card so as to
wholly or partially offset the amount of any discount or
administrative fees charged to state or local government. The
surcharge will be applied only when allowed by the operating rules
and regulations of the credit card involved. When a party elects to
make a payment to state or local government by credit card and such
a surcharge is imposed, the payment of such surcharge shall be
deemed voluntary by such party and shall be in no case refundable. (f) No person making any payment by credit card to state or local
government shall be relieved from liability for the underlying
obligation except to the extent that state or local government
realizes final payment of the underlying obligation in cash or the
equivalent. If final payment is not made by the credit card issuer
or other guarantor of payment in the credit card transaction, then
the underlying obligation shall survive and state or local
government shall retain all remedies for enforcement which would
have applied if the credit card transaction had not occurred. No
contract may modify the provisions of this subsection. This
subsection, however, shall not make the underlying obligor liable
for any discount or administrative fees paid to a credit card issuer
or other party by state or local government. (g) A state or local government officer or employee who accepts a
credit card payment in accordance with this Code section and any
applicable policies, rules, or regulations of state or local
government shall not thereby incur any personal liability for the
final collection of such payments. |