§ 18-3-505 — Commissioners may authorize acceptance of negotiable paper in payment of fees; negotiable paper defined; no personal liability of county officers; date of payment; effect of dishonor; seizure

Wyoming § 18-3-505

• Jurisdiction: Wyoming
• Title 18: Counties
• Ch. 3: COUNTY OFFICERS
• Art. 5: COUNTY COMMISSIONERS

Text

(a) Each board of county commissioners may except where
expressly prohibited by law authorize any county officer, agent
or employee to accept negotiable paper as defined in subsection
(c) of this section including paper arising from the use of a
lender credit card as defined in W.S. 40-14-140(a)(ix) in
payment of any tax, assessment, license, permit, fee, fine or
other money owing to the county or collectible by the county in
behalf of the state or other unit of government, or in payment
of any bail deposit or other trust deposit. Any fees assessed
for processing a credit card payment may be borne by the county
or person tendering payment. Any fees assessed for processing a
credit card payment collected on behalf of the state shall be
borne by the county or person tendering payment and not by the
state. With respect to lender credit card transactions the
county is entitled to promptly present all negotiable paper to
the bank upon which the negotiable paper is drawn for payment
without any right of setoff or defense on the part of the issuer
except as follows:
(i) Acceptance by the county of an expired card;
(ii) Acceptance of a card for payment of an amount in
excess of what the issuer authorized the county to accept;
(iii) Negotiable paper that is so improperly
completed that the issuer cannot identify the card holder.
(b) Any defense, claim or action that an individual using
negotiable paper or a lender credit card might have against
issuers of the card shall not apply to the county, its officers,
agents or employees or relieve the individual of responsibility
for payment.
(c) As used in this section "negotiable paper" means money
orders, checks and drafts, including, without limitation, sales
drafts and checks and drafts signed by a holder of a lender
credit card issued by a bank maintaining a revolving loan
account as defined in W.S. 40-14-308, for lender credit card
holders.
(d) Any county officer, agent or employee who accepts
negotiable paper pursuant to and in conformity with
authorization from the board of county commissioners is not
personally liable if the paper is dishonored. Any losses arising
from dishonored paper shall be allocated to the respective funds
for which the negotiable paper was accepted. In the event of
losses from dishonored paper when the county or any of its
officers are collecting funds for the state or any other level
or unit of government, such losses shall be allocated to and
accepted by the governmental entity for whom the collections
were made.
(e) The acceptance of negotiable paper constitutes
conditional payment for the amount owing. If the paper is not
dishonored the payment shall be effective on the date the paper
was accepted by the county officer, agent or employee. If the
paper is dishonored in the course of collection the conditional
payment is of no effect and any receipt, certificate or license
issued upon acceptance of the negotiable paper is void. In the
event any property including motor vehicle license plates is
transferred or issued by the county or any of its officers,
agents or employees upon acceptance of negotiable paper, and the
paper is subsequently dishonored the county may rescind the
transaction and a sheriff or other law enforcement officer may
without prior court proceedings seize the property. Neither the
rescission nor seizure relieves the person presenting the
negotiable paper from further civil or criminal liabilities as
may be provided by law.