2011 Louisiana Laws
Revised Statutes
TITLE 49 — State administration
RS 49:316.1 — Payments by treasury approved credit and debit cards; authorizations; contracts; fees

§316.1. Payments by treasury approved credit and debit cards; authorizations; contracts; fees

A.(1) The state, through any department, agency, board, commission, or other state entity hereinafter referred to as "state entity" may accept payment of any obligation such state entity is authorized to collect, including, but not limited to, taxes, fees, charges, licenses, service fees or charges, fines, penalties, interest, sanctions, stamps, surcharges, assessments, obligations, and any other similar charges or obligations to any state entity hereinafter referred to collectively as "state charges" by credit cards, debit cards, or similar payment devices approved by the treasurer as provided in this Section.

(2)(a) The state treasurer shall establish a fee for approved payment of transactions authorized by this Section for each card or device and for each method of conducting transactions to be accepted. The fee shall be established as uniformly as possible. When accepting such cards or devices as authorized by this Section, any state entity shall assess a fee, if such fee has been established and in the amount established by the treasurer pursuant to this Section, provided that the fee is a uniform dollar amount or percentage assessed for each card or device and for each method of conducting transactions to be accepted by the state entity, and such fee shall be considered a "state charge" as provided in this Section. The provisions of this Paragraph shall not be applicable to public postsecondary institutions of higher education or to transactions administered by a third-party processor for the Department of Revenue, the Department of Insurance, the Department of Transportation and Development, the Department of Public Safety and Corrections, the Department of Wildlife and Fisheries, or the Department of Environmental Quality.

(b) Notwithstanding the provisions of Subparagraph (2)(a) of this Subsection and Subsection C of this Section, each public postsecondary institution of higher education may assess a fee, for each card or device, and for each method of conducting transactions, to be accepted for approved payment of transactions authorized by this Section. The amount of any such fee shall be as determined by the respective public postsecondary institution of higher education and shall be considered a "state charge" as provided in this Section. Each public postsecondary institution of higher education may negotiate and enter into contracts, for periods not to exceed five years, for provision of, and activities related to, the use of such cards or devices. Contracts may be made with financial providers, third-party processors, or providers for Internet and other similar use and payment acceptance with respect to such cards or devices.

(c) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, the fee charged by a third-party processor for the Department of Revenue, the Department of Insurance, the Department of Transportation and Development, the Department of Public Safety and Corrections, the Department of Wildlife and Fisheries, or the Department of Environmental Quality shall be a convenience fee paid directly to the private entity third-party processor by the payor and shall not be considered a "state charge" as provided in this Section. However, the amount of the convenience fee shall be approved by the Senate Committee on Revenue and Fiscal Affairs and the House Committee on Ways and Means. In addition, the amount of the convenience fee shall be disclosed to the payor before the transaction is completed, and the payor shall be given the option of canceling the transaction at that time.

(3) The authorization and use of credit and debit cards and similar payment devices to make or accept payment for any government charge or required payment shall be in accordance with the provisions of this Section, and any rules, regulations, contracts, agreements, or policies promulgated or entered into pursuant to this Section.

B. When a state entity accepts payment of any state charge by any card or device, the liability therefor is not finally discharged and obligation for payment of such state charge is not extinguished until the state entity has received final settlement, payment, or other credit in full for the state charge and any additional permissible fees associated with the transaction. Upon receipt of the final settlement, payment, or other credit, the state charge shall be deemed paid on the date the credit or debit charge was initially made.

C. The treasurer shall designate any credit cards, debit cards, or similar payment devices that state entities may accept to receive payment of any state charges, and shall from time to time, but at least annually, publish a list of approved credit and debit cards by which any state entity will be authorized to accept payment of any charge or payment the state entity is authorized to collect. Any state entity may recommend that the treasurer consider a specific credit or debit card for approval. Except as provided in Subparagraph (A)(2)(b) of this Section, he shall have authority to negotiate and enter into all contracts, for periods not to exceed five years, with providers of such cards or devices, including master or statewide financial providers, third-party processors, or providers for Internet and other similar use and payment acceptance using such cards or devices. In negotiating such contracts and approving designated cards or devices, the treasurer shall seek to achieve uniform implementation and standard terms and provisions with respect to the acceptance of payments by state entities, in order to achieve maximum efficiency, uniformity, and cost effectiveness. Any contracts pursuant to this Section may include such provisions, terms, and conditions as the treasurer shall deem necessary or appropriate to fulfill those purposes, including specific terms applicable to any particular state entity, such as any limitations on amounts and limits of liabilities eligible for payment, operational requirements, types, terms, and payment of fees.

D. The treasurer shall by rule establish procedures and guidelines for the approval and operation of any cards or devices, and fix applicable processing fees, pursuant to this Section.

E. The authorizations for and use of any cards or devices by any state department, agency, board, commission, or other state entity, to accept payment for any state charges, shall be pursuant to and in accordance with this Section, notwithstanding any other provisions of law.

F. Any contracts or other binding arrangements for acceptance of credit or debit cards or any other devices, in existence on August 15, 1999, shall not be affected by this Section and shall be honored according to their terms.

Acts 1999, No. 1214, §1; Acts 2002, 1st Ex. Sess., No. 148, §1, eff. April 24, 2002; Acts 2004, No. 330, §1, eff. June 18, 2004; Acts 2007, No. 435, §1, eff. July 11, 2007; Acts 2008, No. 119, §1, eff. June 9, 2008; Acts 2010, No. 191, §1; Acts 2010, No. 559, §1, eff. June 25, 2010.