2023 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.