HB1529ham001 95TH GENERAL ASSEMBLY

Local Government Committee

Filed: 3/14/2007

09500HB1529ham001 LRB095 06563 HLH 33247 a

AMENDMENT TO HOUSE BILL 1529

AMENDMENT NO. ______. Amend House Bill 1529 by replacing everything after the enacting clause with the following:

"Section 5. The Local Government Acceptance of Credit Cards Act is amended by changing Section 15 as follows:

(50 ILCS 345/15)

Sec. 15. Local government credit card acceptance program.

(a) Any unit of local government and any community college district that has the authority to accept the payment of funds for any purpose is authorized, but not required, to accept payment by credit card.

(a-5) Beginning on the effective date of this amendatory Act of the 95th General Assembly, a county with a population of more than 3,000,000 is required to accept property tax payments by credit card. Nothing in this subsection shall require a county with a population of more than 3,000,000 to accept late payments or payments for delinquent charges by credit card. This subsection is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(b) Except as provided in subsection (a-5), this This Act shall be broadly construed to authorize, but not require, acceptance of credit card payments by all units of local government and community college districts.

(c) This Act authorizes the acceptance of credit card payments for all types of authorized obligations.

(d) This Act does not limit the authority of clerks of court to accept payment by credit card pursuant to the Clerks of Court Act or the Unified Code of Corrections.

(e) A local governmental entity may not receive and retain, directly or indirectly, any convenience fee, surcharge, or other fee in excess of the amount paid in connection with the credit card transaction. In addition, a financial institution or service provider may not pay, refund, rebate, or return, directly or indirectly, to a local governmental entity for final retention any portion of a surcharge, convenience fee, or other fee paid in connection with a credit card transaction.

(Source: P.A. 90-518, eff. 8-22-97.)

Section 10. The State Mandates Act is amended by adding Section 8.31 as follows:

(30 ILCS 805/8.31 new)

Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 95th General Assembly.".