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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.".