§ 45-49-160.04 — Payments by Credit Card

Alabama § 45-49-160.04

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 49: Mobile County
• Art. 16: Government Operations
• Part 1: General Provisions

Text

(a) For purposes of this section, the term credit card includes any credit card, charge card, or debit card issued by any bank, foreign lender, domestic lender, or credit card bank as defined in Section 5-20-3.
(b) Notwithstanding any other provision of law to the contrary, any Mobile County elected official required or authorized to receive or collect any payments to state or county government may accept payment of the amount by credit card, as defined herein.
(c) This section shall be broadly construed to authorize acceptance of credit card payments by county elected officials including, but not limited to, the Mobile County Revenue Commissioner, the Mobile County License Commissioner, the Mobile County Judge of Probate, the Mobile County Commission, and the Sheriff of Mobile County. This section shall be broadly construed to authorize acceptance of credit card payments of all types of amounts payable including, but not limited to, taxes, license and registration fees, fines, and penalties.
(d) The elected officials responsible for the payment upon audit by the Department of Examiners of Public Accounts shall decide whether to accept credit card payments for any type of payment. If credit card payments are accepted, the elected official may adopt reasonable policies, rules, or regulations not in conflict with this section governing the manner of acceptance of credit card payments. The elected official may enter into appropriate agreements with credit card processors or other appropriate parties as needed to facilitate the acceptance of credit card payments. The agreements may not provide for the acceptance of credit card payments at a discount from the face amount of the payments. Any agreement shall provide that it may be canceled at any time by the elected official, but the agreement may provide for a reasonable period of notice prior to cancellation.
(e) When payment is made by a credit card, the elected official choosing to accept credit cards shall require the payment of a fee by the user of the credit card to cover the costs of the office for the processing or transactional fees imposed on the transaction by the credit card company or banking institution.
(f) No person making any payment by credit card shall be relieved from liability for the underlying obligation except to the extent that the government realizes final payment of the underlying obligation in cash or the equivalent. If final payment is not made by the credit card processor or other guarantor of payment in the credit card transaction, the underlying obligation shall survive and the elected official shall retain all remedies for enforcement which would have applied if the credit card transaction had not occurred. No contract may modify this provision.
(g) An elected official who accepts a credit card payment in accordance with this section and any applicable policies, rules, or regulations of county government shall not incur any personal liability for the final collection of the payments.

Legislative History

(Act 99-651, 2nd Sp. Sess., p. 105, § 1; Act 2010-268, p. 488, § 1.)