House Bill 167

AN ACT TO AMEND SECTION 17-25-1, MISSISSIPPI CODE OF 1972, TO REVISE HOW A COUNTY OR MUNICIPALITY MAY SET THE PROCESSING RATE FOR ELECTRONIC PAYMENTS; 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. * * * The county or municipality shall evaluate the average charge of processing the electronic payments and may charge a flat rate for all transactions based on the percentage of the transaction. If a flat rate is used, it shall be reasonably related to the overall and average per transaction processing fees and internal costs, not to exceed four percent (4%) per transaction. Notice of such rate shall be posted in a location, where the consumer can easily see such rates before making an electronic payment. For purposes of this section, the term "accounts receivable" includes, but is not limited to, judgments, fines, costs and penalties imposed upon conviction for criminal and traffic offenses. 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. This act shall take effect and be in force from and after July 1, 2018.