State of Illinois
92nd General Assembly
Legislation

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92_HB1956ham001

 










                                             LRB9206057MWpkam

 1                    AMENDMENT TO HOUSE BILL 1956

 2        AMENDMENT NO.     .  Amend House Bill 1956  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.   The  Local Government Acceptance of Credit
 5    Cards Act is amended by changing Section 25 as follows:

 6        (50 ILCS 345/25)
 7        Sec. 25.  Payment of fees by cardholders.
 8        (a)  The governing body of a  local  governmental  entity
 9    authorizing  acceptance of payment by credit card may, but is
10    not required to, impose a convenience fee or surcharge upon a
11    cardholder making payment by credit  card  in  an  amount  to
12    wholly  or  partially  offset,  but  in  no event exceed, the
13    amount of any discount or  processing  fee  incurred  by  the
14    local governmental entity.  This convenience fee or surcharge
15    may  be  applied  only when allowed under the operating rules
16    and  regulations  of  the  credit  card  involved.   When   a
17    cardholder elects to make a payment by credit card to a local
18    governmental  entity  and  a  convenience fee or surcharge is
19    imposed, the payment of  the  convenience  fee  or  surcharge
20    shall  be  deemed  voluntary  by  the person and shall not be
21    refundable.
22        (b)  No fee, or accumulation of fees,  that  exceeds  the
 
                            -2-              LRB9206057MWpkam
 1    lesser  of  $20  or 5% of the principal amount charged may be
 2    imposed in connection  with  the  issuance  of  any  license,
 3    sticker,  or  permit,  or  with  respect to any other similar
 4    transaction.  No fee, or accumulation of fees,  that  exceeds
 5    the  lesser  of  $5  or 5% of the transaction involved may be
 6    imposed in connection with the payment of any fine.  No  fee,
 7    or accumulation of fees, in excess of the lesser of $40 or 3%
 8    of  the principal amount charged may be imposed in connection
 9    with the payment of any real estate or other tax.
10        (c)  Notwithstanding the provisions of subsection (b),  a
11    minimum  fee  of  $1  may  be  imposed  with  respect  to any
12    transaction.
13        Notwithstanding the provisions of subsection (b),  a  fee
14    in excess of the limits in subsection (b) may be imposed by a
15    local  governmental  entity  on  a transaction if (i) the fee
16    imposed by the local governmental entity is no greater than a
17    fee charged by the financial institution or service  provider
18    accepting  and  processing  credit card payments on behalf of
19    the local governmental entity; (ii) the financial institution
20    or service provider accepting and processing the credit  card
21    payments   was   selected   by   competitive  bid  and,  when
22    applicable, in accordance with the provisions of the Illinois
23    Procurement Code; and (iii)  the  local  governmental  entity
24    fully discloses the amount of the fee to the cardholder.
25    (Source: P.A. 90-518, eff. 8-22-97.)

26        Section  99.  Effective date.  This Act takes effect upon
27    becoming law.".

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