House Bill 1326

(As Sent to Governor)

AN ACT TO AMEND SECTIONS 17-25-1 AND 27-104-33, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT COUNTIES, MUNICIPALITIES AND STATE AGENCIES MAY BEAR THE FULL COST OF PROCESSING ELECTRONIC PAYMENTS FOR RETAIL MERCHANDISE SOLD BY SUCH ENTITIES; 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, and the payment for retail merchandise sold by 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. Except as otherwise provided in this section, 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. A county or municipality may bear the full cost of processing such electronic payments for retail merchandise sold by the county or municipality.

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, and the payment for retail merchandise sold by 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. However, state agencies may bear the full cost of processing such electronic payments for retail merchandise sold by state agencies.

SECTION 3. This act shall take effect and be in force from and after its passage.