H.B. 51

This document includes Senate Committee Amendments incorporated into the bill on Mon, Jan 31, 2005 at 11:22 AM by rday. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Fri, Feb 4, 2005 at 11:38 AM by rday. --> 1

ELECTRONIC PAYMENTS TO LOCAL
2 GOVERNMENT ENTITIES
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Joseph G. Murray
6
7 LONG TITLE
8 General Description:
9 This bill enacts provisions related to the acceptance of electronic payments by local
10 government entities.
11 Highlighted Provisions:
12 This bill:
13 . authorizes counties, municipalities, and independent special districts to accept
14 electronic payments and to charge an electronic payment fee.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 ENACTS:
21 10-8-85.6, Utah Code Annotated 1953
22 17-15-28, Utah Code Annotated 1953
23 17A-2-105, Utah Code Annotated 1953
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 10-8-85.6 is enacted to read:
27 10-8-85.6. Definitions -- Electronic payments -- Fee.

28 (1) As used in this section:
29 (a) "Electronic payment" means the payment of money to a municipality by electronic
30 means, including by means of a credit card, S. charge card, .S debit card, S. prepaid or
30a stored value card or similar device, .S or automatic clearinghouse transaction.
31 (b) "Electronic payment fee" means an amount of money to defray the discount fee,
32 processing fee, or other fee charged by a credit card company or processing agent to process S. [ a fee
32a charged to the consumer that is uniform across all types of electronic payments for the
32b convenience of using ] .S an
33 electronic payment.
34 (c) "Processing agent" means a bank, transaction clearinghouse, or other third party
35 that charges a fee to process an electronic payment.
36 (2) A municipality may accept an electronic payment for the payment of funds which
37 the municipality could have received through another payment method.
38 (3) A municipality that accepts an electronic payment may charge an electronic
39 payment fee.
40 Section 2. Section 17-15-28 is enacted to read:
41 17-15-28. Definitions -- Electronic payments -- Fee.
42 (1) As used in this section:
43 (a) "Electronic payment" means the payment of money to a county by electronic means,
44 including by means of a credit card, S. charge card, .S debit card, S. prepaid or stored
44a value card or similar device, .S or automatic clearinghouse transaction.
45 (b) "Electronic payment fee" means an amount of money to defray the discount fee,
46 processing fee, or other fee charged by a credit card company or processing agent to process S. [ a fee
46a charged to the consumer that is uniform across all types of electronic payments for the
46b convenience of using ] .S an
47 electronic payment.
48 (c) "Processing agent" means a bank, transaction clearinghouse, or other third party
49 that charges a fee to process an electronic payment.
50 (2) A county may accept an electronic payment for the payment of funds which the
51 county could have received through another payment method.
52 (3) A county that accepts an electronic payment may charge an electronic payment fee.

53 Section 3. Section 17A-2-105 is enacted to read:
54 17A-2-105. Definitions -- Electronic payments -- Fee.
55 (1) As used in this section:

56 (a) "Electronic payment" means the payment of money to an independent special
57 district by electronic means, including by means of a credit card, S. charge card, .S debit card,
57a S. prepaid or stored value card or similar device, .S or automatic
58 clearinghouse transaction.

59 (b) "Electronic payment fee" means an amount of money to defray the discount fee,
60 processing fee, or other fee charged by a credit card company or processing agent to process S. [ a fee
60a charged to the consumer that is uniform across all types of electronic payments for the
60b convenience of using ] .S an
61 electronic payment.
62 (c) "Processing agent" means a bank, transaction clearinghouse, or other third party
63 that charges a fee to process an electronic payment.
64 (2) An independent special district may accept an electronic payment for the payment
65 of funds which the independent special district could have received through another payment
66 method.
67 (3) An independent special district that accepts an electronic payment may charge an
68 electronic payment fee.




Legislative Review Note
as of 12-14-04 3:26 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel