House Bill 1178

(As Passed the House)

AN ACT TO AMEND SECTIONS 17-25-1 AND 27-104-33, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN PROVISIONS REGARDING STATE AGENCIES, COUNTIES AND MUNICIPALITIES ACCEPTING PAYMENTS BY CREDIT CARDS AND OTHER FORMS OF PAYMENT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 17-25-1, Mississippi Code of 1972, is amended as follows:

17-25-1. The board of supervisors of any county and the governing authorities of any municipality may allow the payment of various taxes, fees and other accounts receivable to the county or municipality by credit cards, charge cards, debit cards and other forms of electronic payment, in accordance with policies established by the State Auditor. Any fees or charges associated with the use of such electronic payments shall be assessed to the user of the electronic payment as an additional charge for processing the electronic payment, so that the user will pay the full cost of using the electronic payment.

Counties and municipalities, with the approval of the State Auditor, may bear the full costs of processing such electronic payments if they can demonstrate to the State Auditor's satisfaction that they are able to assume these costs and provide the related service for the same or lesser cost.

SECTION 2. Section 27-104-33, Mississippi Code of 1972, is amended as follows:

27-104-33. The State Department of Finance and Administration shall establish policies that allow the payment of various fees and other accounts receivable to state agencies by credit cards, charge cards, debit cards and other forms of electronic payment in the discretion of the department. Any fees or charges associated with the use of such electronic payments shall be assessed to the user of the electronic payment as an additional charge for processing the electronic payment, so that the user will pay the full cost of using the electronic payment.

Agencies, with the approval of the Department of Finance and Administration, may bear the full cost of processing such electronic payments if the agency can demonstrate to the department's satisfaction that they are able to assume these costs and provide the related service for the same or lesser cost.

SECTION 3. This act shall take effect and be in force from and after July 1, 2005.