§ 33:2933 — Payments by approved credit and debit cards; authorizations; contracts; fees

Louisiana § 33:2933

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

§2933. Payments by approved credit and debit cards; authorizations; contracts; fees
A. As used in this Section:
(1) "Local charges" means taxes, fees, charges, licenses, service fees or charges,
fines, penalties, interest, sanctions, stamps, surcharges, assessments, obligations, and any
other similar charges or obligations owed the local entity, or any department, agency, board,
commission, or other entity thereof.
(2) "Local entity" means any parish, municipality, or other political subdivision of
the state created by law. The term also means clerks of court, sheriffs, district attorneys, and
assessors.
(3) "Third party solution" means a company that provides a software application, a
gateway, or both, to capture credit card and other forms of electronic payments for processing
by a merchant services acquirer.
B. A local entity may accept payment of any local charge, it or any department,
agency, board, commission, or other entity thereof, is authorized to collect by credit card,
debit card, or similar payment device approved by the local entity. When accepting cards or
devices, the local entity may establish and assess a fee, provided that the fee is a uniform
dollar amount or percentage assessed for all types of cards or devices accepted by the local
entity. The fee shall be considered a "local charge" as provided in this Section. The
authorization and use of credit cards, debit cards, and similar payment devices to make or
accept payment for any government charge or required payment shall be in accordance with
this Section.
C. When a local entity accepts payment of a local charge by a card or device, the
liability therefor is not finally discharged and obligation for payment of the local charge is
not extinguished until the local entity has received final settlement, payment, or other credit
in full for the local charge and any additional permissible fees associated with the
transaction. Upon receipt of the final settlement, payment, or other credit, the local charge
shall be deemed paid on the date the credit or debit charge was initially made.
D. A local entity exercising the authority granted by this Section shall designate the
credit cards, debit cards, or similar payment devices that it will accept to receive payment of
any local charges. It shall from time to time, but at least annually, publish a list of approved
credit and debit cards by which any unit of the local entity may accept payment of any local
charge the local entity may collect. A local entity may negotiate and enter into all contracts,
for periods not to exceed five years, with providers of such cards or devices, including master
or statewide financial providers, third party processors, third party solutions, or providers for
internet and other similar use and payment acceptance using such cards or devices.
E.(1) A local entity exercising the authority granted by this Section shall establish
procedures and guidelines for the approval and operation of any cards or devices, and fix
applicable processing fees, pursuant to this Section.
(2) A third party solution may establish and assess a fee for processing a local
charge. The fee shall be paid to the third party solution by the payor and shall not be
considered a local charge as provided in this Section. The amount of the fee shall be
disclosed to the payor before the transaction is completed.
F. In negotiating contracts and approving designated cards or devices, the local entity
shall seek to achieve uniform implementation and standard terms and provisions with respect
to the acceptance of payments by other local entities, in order to achieve maximum
efficiency, uniformity, and cost effectiveness. Any contracts pursuant to this Section may
include such provisions, terms, and conditions as the local entity deems necessary or
appropriate to fulfill those purposes, including specific terms as to any limitations on
amounts and limits of liabilities eligible for payment, operational requirements, types, terms,
and payment of fees. To fulfill those purposes, two or more local entities may jointly enter
into agreements to collect local charges by credit cards, debit cards, or similar payment
devices pursuant to this Section.
G. Any contract or other binding arrangement for acceptance of credit cards, debit
cards, or any other devices, in existence on July 1, 2001, shall not be affected by this Section.

Legislative History

Acts 2001, No. 740, §1, eff. July 1, 2001; Acts 2016, No. 403, §1.