NY Gen Mun L § 5 (2021)
2021 New York Laws GMU - General Municipal Article 2 - General Municipal Finances 5 - Payment of Fines, Civil Penalties, Rent, Rates, Taxes, Fees, Charges and Other Amounts by Credit Card.

§  5.  Payment  of  fines,  civil penalties, rent, rates, taxes, fees, charges and other amounts by credit card. (a) The following terms,  when used or referred to in this section, shall have the following meaning:   1.  "Credit  card"  means  any credit card, credit plate, charge card, charge plate, courtesy card,  debit  card,  other  identification  card, value  transfer  device  as  defined  by the state comptroller or device issued by a person to another person which may be used to obtain a  cash advance  or  a  loan  or  credit,  or  to  purchase or lease property or services on the credit of the person issuing the credit card or a person who has agreed with the issuer to pay obligations arising from  the  use of a credit card issued to another person.   1-a.  "Card  issuer"  means an issuer of a credit card, charge card or other value transfer device.   2. "Financing agency" means any agency defined as such in  subdivision eighteen of section four hundred one of the personal property law.   3. "Person" means an individual, partnership, corporation or any other legal or commercial entity.  (b)  The  governing  board  of  any  local government, as that term is defined in section ten of this article, may, by local law, ordinance  or resolution,  determine  that  it is in the public interest and authorize such local  government  to  enter  into  agreements  with  one  or  more financing  agencies  or  card  issuers to provide for the acceptance, by such officers of the local government as may be designated  pursuant  to subdivision  (f)  of this section, of credit cards as a means of payment of fines, civil penalties, rent, rates, taxes, fees,  charges,  revenue, financial  obligations  or  other  amounts, including penalties, special assessments and  interest,  owed  to  the  local  government.  Any  such agreement shall govern the terms and conditions upon which a credit card proffered  as  a  means of payment of a fine, civil penalty, rent, rate, tax,  fee,  charge,  revenue,  financial  obligation  or  other  amount, including  penalty, special assessment or interest, shall be accepted or declined and the manner in  and  conditions  upon  which  the  financing agency  or  card issuer shall pay to such local government the amount of fines, civil penalties, rent,  rates,  taxes,  fees,  charges,  revenue, financial  obligations  or  other  amounts,  including  penalty, special assessment or interest, paid by means of a credit card pursuant to  such agreement.  Any such agreement may provide for the payment by such local government to such financing agency or  card  issuer  of  fees  for  the services  provided  by  such financing agency or card issuer pursuant to such agreement, which fees may consist of a discount  deducted  from  or payable in respect of the amount of each such fine, civil penalty, rent, rate,  tax,  fee, charge, revenue, financial obligation or other amount, including penalty, special assessment or interest. If fees are  paid  by such  a  discount, they shall be post-audited by the officer or board of the local government responsible for auditing claims against  the  local government.  (c)  Any  local  government which has entered into an agreement with a financing agency or card issuer  as  authorized  by  the  provisions  of subdivision  (b)  of  this section may accept credit cards as a means of payment of fines, civil penalties, rent, rates,  taxes,  fees,  charges, revenue,  financial  obligations  or other amounts, including penalties, special assessment or interest, as provided in such  agreement  and  may pay  such  fees  as  are  specified  in such agreement to such financing agency or card issuer in consideration of the services rendered by  such financing  agency  or  card issuer thereunder. Notwithstanding any other provision of law to  the  contrary,  it  shall  be  the  option  of  the governing  board  of  the local government to require, as a condition of accepting payment by credit card, that such person offering  payment  by  credit  or  charge  card  pay  a service fee to the local government not exceeding costs incurred by the local government in connection with  the credit or charge card payment transaction, including any fee owed by the local  government  to  the  financing agency or card issuer arising from that transaction.  (d) Contracts entered into pursuant  to  this  section  between  local government  and  financing  agencies or card issuers shall be awarded in accordance with the local government's  written  internal  policies  and procedures  governing  procurements  adopted  pursuant  to  section  one hundred four-b of this chapter.  (e) The underlying debt, lien,  obligation,  bill,  account  or  other amount  owed to the local government for which payment by credit card is accepted by the local  government  shall  not  be  expunged,  cancelled, released,  discharged or satisfied, and any receipt or other evidence of payment shall be deemed conditional,  until  the  local  government  has received final and unconditional payment of the full amount due from the financing agency or card issuer for such credit card transaction.  (f)  The  governing  board,  in  enacting  a  local  law, ordinance or resolution pursuant to  this  section,  shall  designate  which  of  its officers,  charged  with  the  duty of collecting or receiving moneys on behalf of the local government, shall be  authorized  to  accept  credit cards as a means of payment of fines, taxes, rent, rates, fees, charges, revenue,  financial  obligations and other amounts, including penalties, special assessments or interest.  (g)  Under  circumstances  where  local  governments   are   otherwise authorized  by  law  to  contract  for  the  collection  of fines, civil penalties,  rent,  rates,  taxes,  fees,  charges,  revenue,   financial obligations  or  other amounts, including penalties, special assessments or interest, such contract shall  provide  that  the  contractor  accept credit cards as a mechanism for payment.