NY State Fin L § 4-A (2021)
2021 New York Laws STF - State Finance Article 2 - General Fiscal Provisions 4-A - Electronic Value Transfer Program.

§  4-a.  Electronic value transfer program. 1. Definitions. As used in   this section the following terms shall have the following meanings:a. "Electronic value transfer device" means a credit card, debit card,   charge card, electronic fund transfer or other electronic value transfer   mechanism approved by the electronic value transfer administrator.b. "Device issuer" means an issuer of  an  electronic  value  transfer   device.c.  "Electronic  value  transfer" means any transfer of funds which is   initiated directly or indirectly by  the  use  of  an  electronic  value   transfer  device  so  as  to  order,  instruct  or authorize a financing   agency, device issuer or processor to  initiate  a  transaction  in  any   manner which results in a payment to a state agency.d.  "Electronic  value  transfer  administrator"  means a state agency   designated by the  governor  to  administer  electronic  value  transfer   programs  which  shall  have the authority, duties, and responsibilities   granted pursuant to this section.e. "Financing agency" means any agency defined as such in  subdivision   eighteen of section four hundred one of the personal property law to the   extent not inconsistent with this chapter.f.  "Charge back" means a credit to the device user from an electronic   value transfer transaction of the amount of the transaction in  question   including, but not limited to, duplicate or other erroneous payments.g.  "Device  user"  means  a person using an electronic value transfer   device pursuant to this section.h. "Processor" means an entity  which  manages  the  physical  system,   authorizes  acceptance  of electronic value transfer transactions and/or   arranges for fund transfers or customer billings.i. "State agency"  means  any  department,  board,  bureau,  division,   commission,   committee,   council,   office  of  the  state,  or  other   governmental entity with statewide jurisdiction.2. Electronic  value  transfer  administrator.  The  electronic  value   transfer  administrator  shall have the following authority, duties, and   responsibilities: to establish a  statewide  policy  and  direction  for   electronic  value  transfer  programs;  to  facilitate  and  oversee the   state's electronic value transfer programs with  primary  responsibility   for   their   effective  and  efficient  implementation,  operation  and   administration;  to  issue  guidelines  for  the  development  of  plans   required to be submitted pursuant to this section, for the collection of   payments  by  electronic  value  transfer  devices  and  the  associated   agreements with device issuers, processors and  financing  agencies;  to   negotiate   directly   or  in  conjunction  with  other  state  agencies   agreements with financing agencies, device issuers, or  processors;  and   to  determine in conjunction with state agencies the cost benefit to the   state for utilizing alternative payment mechanisms. The electronic value   transfer administrator may exempt a state agency, where  it  is  in  the   best interest of the state, from any policy or guideline issued pursuant   to this section. Authorization for the payment of any amount by means of   an electronic value transfer device pursuant to this section shall be in   addition  to  any existing authority of state agencies to accept payment   by other means.3.  State  agency  collection  of  payments.  Each  state  agency   is   authorized,  subject  to  the  approval of the electronic value transfer   administrator, and the director of the budget, to  collect  payments  of   fines,   fees,   rates,  charges,  taxes,  interest  penalties,  special   assessments,  revenue,  financial  obligations  or  other   amounts   by   electronic   value  transfer  devices,  consistent  with  the  statewide   policies and guidelines established by  the  electronic  value  transfer   administrator. Such approval shall be based upon a plan submitted to the    electronic  value administrator and the director of the budget. The plan   shall outline the costs and benefits of establishing an electronic value   transfer program, indicate the type of  alternative  payment  mechanisms   proposed,  and  notwithstanding  any  law  to  the contrary, may include   provisions for surcharges which shall not be state  money,  to  pay  for   transaction  costs of the financing agency, device issuers, or processor   associated with the electronic value transfer. The  state  shall  notify   the device user of the amount or percentage of the surcharge.4.  Electronic  value  transfer  agreements.  Consistent  with article   eleven of this chapter, one or more state  agencies  are  authorized  to   enter directly or collectively into agreements or to utilize centralized   service  contracts  with one or more financing agencies, device issuers,   or processors to provide  for  the  acceptance  by  a  state  agency  of   electronic  value transfer as a means of payment for fines, fees, rates,   charges,  taxes,  interest,  penalties,  special  assessments,  revenue,   financial obligations and other amounts. Any such agreement shall govern   the  terms and conditions upon which an electronic value transfer device   proferred as a means of payment shall be accepted or  declined  and  the   manner  in,  and  conditions  upon,  which  the financing agency, device   issuer or processor shall  pay  to  such  state  agency  the  amount  of   payments  collected  by  means  of  an  electronic value transfer device   pursuant to such agreement. Any agreement entered into shall  include  a   term and condition that the financing agency, device issuer or processor   shall  not  be  authorized  to  charge back to the device user except as   expressly provided in such agreement. Any state agency which has entered   into an agreement with a financing agency, device issuer  or  processor,   as  authorized  by the provisions of this section, may accept electronic   value transfer as a means of payment as specified by the state agency in   the agreement. The state  agency  may  pay  such  fees,  subject  to  an   appropriation, as may be specified in such agreement with such financing   agency,  device  issuer  or  processor  in consideration of the services   rendered  by  such  financing  agency,  device  issuer   or   processor,   thereunder.  Provided,  however, in no event, shall there be a reduction   in any payment due  to  the  state  of  the  amounts  authorized  to  be   collected pursuant due to subdivision three of this section.5.  Payment.  The  underlying debt, lien, obligation, bill, account or   other amount owed to the state agency for which  payment  by  electronic   value  transfer  device  is  accepted  by  the state agency shall not be   expunged, canceled, released, discharged or satisfied, and  any  receipt   or  other  evidence  of  payment  shall be deemed conditional, until the   state agency has received final and unconditional payment  of  the  full   amount  due  from  the  financing agency, device issuer or processor for   such electronic value transfer device transaction. Any such  expunction,   cancellation,  release, discharge or satisfaction shall not be deemed to   expunge, cancel, release, discharge or satisfy any amount which  is  not   paid  to  the  financing  agency,  device  issuer  or processor for such   electronic value transfer device transaction.6. Access to information. Nothing contained in this section  shall  be   deemed  to  grant  access  to  information  where  such  information  is   otherwise protected by law from access.