HB4537 - 104th General Assembly
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| 1 | AMENDMENT TO HOUSE BILL 4537 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 4537 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 5. The Local Governmental Acceptance of Credit | ||||||
| 5 | Cards Act is amended by changing Section 20 as follows: | ||||||
| 6 | (50 ILCS 345/20) | ||||||
| 7 | Sec. 20. Election by local governmental entities to accept | ||||||
| 8 | credit cards. | ||||||
| 9 | (a) The decision whether to accept credit card payments | ||||||
| 10 | for any particular type of obligation shall be made by the | ||||||
| 11 | governing body of the local governmental entity that has | ||||||
| 12 | general discretionary authority over the manner of acceptance | ||||||
| 13 | of payments. The governing body may adopt reasonable rules | ||||||
| 14 | governing the manner of acceptance of payments by credit card. | ||||||
| 15 | Except as provided in subsection (b) of Section 20-25 of the | ||||||
| 16 | Property Tax Code, no decision to accept credit card payments | ||||||
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| 1 | under this Act shall be made until the governing body has | ||||||
| 2 | determined, following a public hearing held not sooner than 10 | ||||||
| 3 | nor later than 30 days following public notice of the hearing, | ||||||
| 4 | that the acceptance of credit card payments for the types of | ||||||
| 5 | authorized obligations specified in the public notice is in | ||||||
| 6 | the best interests of the citizens and governmental | ||||||
| 7 | administration of the local governmental entity or community | ||||||
| 8 | college and of the students and taxpayers thereof. | ||||||
| 9 | (b) The governing body of the entity accepting payment by | ||||||
| 10 | credit card may enter into agreements with one or more | ||||||
| 11 | financial institutions or other service providers to | ||||||
| 12 | facilitate the acceptance and processing of credit card | ||||||
| 13 | payments. Such agreements shall identify the specific services | ||||||
| 14 | to be provided, an itemized list of the fees charged, and the | ||||||
| 15 | means by which each such fee shall be paid. Such agreements may | ||||||
| 16 | include a discount fee to cover the costs of interchange, | ||||||
| 17 | assessments and authorizations, a per item processing fee for | ||||||
| 18 | the service provider, and any other fee, including a payment | ||||||
| 19 | of a surcharge or convenience fee, that may be applicable to | ||||||
| 20 | specific circumstances. Any agreement for acceptance of | ||||||
| 21 | payments by credit cards may be canceled by the governmental | ||||||
| 22 | entity upon giving reasonable notice of intent to cancel. No | ||||||
| 23 | agreement or contract with a local governmental entity may | ||||||
| 24 | prohibit or discriminate against the use of the State | ||||||
| 25 | Treasurer's E-Pay program under the State Treasurer Act or any | ||||||
| 26 | other payment processing system that the local governmental | ||||||
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| 1 | entity has procured. | ||||||
| 2 | (c) An entity accepting payments by credit card may pay | ||||||
| 3 | amounts due a financial institution or other service provider | ||||||
| 4 | by (i) paying the financial institution or other service | ||||||
| 5 | provider upon presentation of an invoice or (ii) allowing the | ||||||
| 6 | financial institution or other service provider to withhold | ||||||
| 7 | the amount of the fees from the credit card payment. A discount | ||||||
| 8 | or processing fee may be authorized whenever the governing | ||||||
| 9 | body of the entity determines that any reduction of revenue | ||||||
| 10 | resulting from the discount or processing fee will be in the | ||||||
| 11 | best interest of the entity. Items that may be considered in | ||||||
| 12 | making a determination to authorize the payment of fees or the | ||||||
| 13 | acceptance of a discount include, but are not limited to, | ||||||
| 14 | improved governmental cash flows, reduction of governmental | ||||||
| 15 | overhead, improved governmental financial security, a | ||||||
| 16 | combination of these items, and the benefit of increased | ||||||
| 17 | public convenience. No payment to or withheld by a financial | ||||||
| 18 | institution or other service provider may exceed the amounts | ||||||
| 19 | authorized under subsection (b) of Section 25. | ||||||
| 20 | (d) Unless specifically prohibited by an ordinance or rule | ||||||
| 21 | adopted by the governing body of the local governmental | ||||||
| 22 | entity, a person may pay multiple tax bills in a single | ||||||
| 23 | transaction. | ||||||
| 24 | (Source: P.A. 96-1248, eff. 7-23-10.) | ||||||
| 25 | Section 99. Effective date. This Act takes effect upon | ||||||
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| 1 | becoming law.". | ||||||
