§ 36-1-8-11 — Methods of payments to political subdivisions or utilities; transaction and other fees

(a) This section does not apply to a county
treasurer governed by IC 36-2-10-23.
(b) As used in this section, "credit card" means a:
(1) credit card;
(2) debit card;
(3) charge card; or
(4) stored value card.
(c) A payment to a political subdivision or a municipally owned
utility for any purpose may be made by any of the following financial
instruments that the fiscal body of the political subdivision or the board
of the municipally owned utility authorizes for use:
(1) Cash.
(2) Check.
(3) Bank draft.
(4) Money order.
(5) Bank card or credit card.
(6) Electronic funds transfer.
(7) Any other financial instrument authorized by the fiscal body.
(d) If there is a charge to the political subdivision or municipally
owned utility for the use of a financial instrument, the political
subdivision or municipally owned utility may collect a sum equal to the
amount of the charge from the person who uses the financial
instrument.
(e) If authorized by the fiscal body of the political subdivision or the
board of the municipally owned utility, the political subdivision or
municipally owned utility may accept payments under this section with
a bank card or credit card under the procedures set forth in this section.
However, the procedure authorized for a particular type of payment
must be uniformly applied to all payments of the same type.
(f) The political subdivision or municipally owned utility may
contract with a bank card or credit card vendor for acceptance of bank
cards or credit cards. However, if there is a vendor transaction charge
or discount fee, whether billed to the political subdivision or
municipally owned utility or charged directly to the political
subdivision's or municipally owned utility's account, the political
subdivision or municipally owned utility may collect from the person
using the card either or both of the following:
(1) An official fee that may not exceed the transaction charge or
discount fee charged to the political subdivision or municipally
owned utility by bank or credit card vendors.
(2) A reasonable convenience fee:
(A) that may not exceed three dollars ($3); and
(B) that must be uniform regardless of the bank card or credit
card used.
The fees described in subdivisions (1) and (2) may be collected
regardless of retail merchant agreements between the bank and credit
card vendors that may prohibit such fees. These fees are permitted
additional charges under IC 24-4.5-3-202.
(g) The political subdivision or municipally owned utility may pay
any applicable bank card or credit card service charge associated with
the use of a bank card or credit card under this subsection.
(h) The authorization of the fiscal body of the political subdivision
is not required by the bureau of motor vehicles or the bureau of motor
vehicles commission to use electronic funds transfer or other financial
instruments to transfer funds to the political subdivision.

Legislative History

As added by P.L.40-1996, SEC.5. Amended by P.L.18-1996, SEC.32; P.L.2-1997, SEC.78; P.L.173-2003, SEC.20; P.L.137-2012, SEC.115; P.L.105-2013, SEC.2.