2007 California Government Code Chapter 2.5. Medium Of Payment

CA Codes (gov:6150-6159)

6150.  Any officer of a county who is not specifically authorized by
statute so to do may be authorized by the board of supervisors of
the county to accept negotiable paper in payment for any license,
permit, or fee, in payment of any other obligation owing to such
county, or in payment of any trust deposit.  Such authorization may
be withdrawn at any time by the board of supervisors and may be given
under such conditions as the board of supervisors by resolution
shall establish.  Any officer so authorized may, at his discretion,
accept negotiable paper in payment for any license, permit, or fee,
in payment of any other obligation owing to such county, or in
payment of any trust deposit.



6151.  As used in this chapter, "negotiable paper" means bank checks
and drafts and express and post-office money orders.



6151.5.  Any local officer, office, agency or unit which collects or
receives taxes, fees, charges or any funds for public services may,
when payment is acceptable in the form of a negotiable instrument, be
paid by check, draft or money order payable to the office, agency,
board or unit without including the name or names of the officer or
persons then occupying the office.



6152.  The acceptance of negotiable paper pursuant to this chapter
constitutes payment of any amount owing to a county as of the date of
acceptance when, but not before, the negotiable paper is duly paid.



6153.  (a) If, pursuant to another provision of law, a bank account
has been authorized for the use of the officer, he shall deposit in
that account as soon as practicable any negotiable paper accepted by
him pursuant to this chapter.
   (b) If a bank account has not been authorized for the use of such
officer, he shall deposit negotiable paper accepted pursuant to this
chapter as soon as practicable in the county treasury, and the county
treasurer shall handle such negotiable paper like any other
negotiable paper accepted by him.



6154.  Any negotiable paper redeemed by or charged back to the
county treasurer by reason of nonpayment shall be returned to the
officer who deposited it with him.  Upon notification from the county
treasurer a memorandum charging the officer who made the deposit and
crediting the county treasurer shall be issued by the county auditor
on the fund into which the original deposit was made.



6155.  If any negotiable paper is not paid on due presentment for
any reason, any record of payment made by the officer receiving such
paper shall be canceled.  Any receipt issued in acknowledgment of
such payment shall also be deemed to be canceled.  The license fee,
permit fee, fine or other obligation shall continue as an outstanding
obligation as though no payment had been attempted.
   The officer accepting negotiable paper shall make any memoranda
necessary to enable him to make proper cancellation on its return
without payment.  Such officer shall incur no personal liability for
the acceptance of negotiable paper pursuant to this chapter which is
not paid on due presentment unless such paper is accepted in
violation of any condition imposed by the board of supervisors.



6156.  When a cancellation is made, the officer making it shall
enter it in the accounting records of his office.  He shall
immediately send a notice to the person who attempted payment by the
negotiable paper of the cancellation of the payment.
   The validity of any license fee, permit fee, fee, fine or other
obligation shall not be affected by any failure or irregularity in
giving this notice.



6157.  (a) The state, and each city, whether general law or
chartered, county, and district, each subdivision, department, board,
commission, body, or agency of the foregoing, shall accept personal
checks drawn in its favor or in favor of a designated official
thereof, in payment for any license, permit, or fee, or in payment of
any obligation owing to the public agency or trust deposit, if the
person issuing the check furnishes to the person authorized to
receive payment satisfactory proof of residence in this state and if
the personal check is drawn on a banking institution located in this
state.
   (b) If any personal check offered in payment pursuant to this
section is returned without payment, for any reason, a reasonable
charge for the returned check , not to exceed the actual costs
incurred by the public agency, may be imposed to recover the public
agency's processing and collection costs.  This charge may be added
to, and become part of, any underlying obligation other than an
obligation which constitutes a lien on real property, and a different
method of payment for that payment and future payments by this
person may be prescribed.
   (c) The acceptance of a personal check pursuant to this section
constitutes payment of the obligation owed to the payee public agency
to the extent of the amount of the check as of the date of
acceptance when, but not before, the check is duly paid.
   (d) The provisions in subdivision (b) prohibiting a returned check
charge being added to, and becoming a part of, an obligation which
constitutes a lien on real property do not apply to obligations under
the Veterans' Farm and Home Purchase Act of 1974 (Article 3.1
(commencing with Section 987.50) of Chapter 6 of Division 4 of the
Military and Veterans Code).



6159.  (a) As used in this section:
   (1) "Credit card" means any card, plate, coupon book, or other
credit device existing for the purpose of being used from time to
time upon presentation to obtain money, property, labor, or services
on credit.
   (2) "Card issuer" means any person, or his or her agent, who
issues a credit card and purchases credit card drafts.
   (3) "Cardholder" means any person to whom a credit card is issued
or any person who has agreed with the card issuer to pay obligations
arising from the issuance of a credit card to another person.
   (4) "Debit card" means a card or other means of access to a debit
cardholder's account that may be used to initiate electronic funds
transfers from that account.
   (5) "Draft purchaser" means any person who purchases credit card
drafts.
   (6) "Electronic funds transfer" means any method by which a person
permits electronic access to, and transfer of, money held in an
account by that person.
   (b) Subject to subdivisions (c) and (d), a court, city, county,
city and county, or other public agency may authorize the acceptance
of a credit card, debit card, or electronic funds transfer for any of
the following:
   (1) The payment for the deposit of bail for any offense not
declared to be a felony or for any court-ordered fee, fine,
forfeiture, penalty, or assessment. Use of a card or electronic funds
transfer pursuant to this paragraph may include a requirement that
the defendant be charged any administrative fee charged by the
company issuing the card or processing the account for the cost of
the transaction.
   (2) The payment of a filing fee or other court fee.
   (3) The payment of any towage or storage costs for a vehicle that
has been removed from a highway, or from public or private property,
as a result of parking violations.
   (4) The payment of child, family, or spousal support, including
reimbursement of public assistance, related fees, costs, or
penalties, with the authorization of the cardholder or accountholder.

   (5) The payment for services rendered by any city, county, city
and county, or other public agency.
   (6) The payment of any fee, charge, or tax due a city, county,
city and county, or other public agency.
   (7) The payment of any moneys payable to the sheriff pursuant to a
levy under a writ of attachment or writ of execution. If the use of
a card or electronic funds transfer pursuant to this paragraph
includes any administrative fee charged by the company issuing the
card or processing the account for the cost of the transaction, that
fee shall be paid by the person who pays the money to the sheriff
pursuant to the levy.
   (c) A court desiring to authorize the use of a credit card, debit
card, or electronic funds transfer pursuant to subdivision (b) shall
obtain the approval of the Judicial Council. A city desiring to
authorize the use of a credit card, debit card, or electronic funds
transfer pursuant to subdivision (b) shall obtain the approval of its
city council. Any other public agency desiring to authorize the use
of a credit card, debit card, or electronic funds transfer pursuant
to subdivision (b) shall obtain the approval of the governing body
that has fiscal responsibility for that agency.
   (d) After approval is obtained, a contract may be executed with
one or more credit card issuers, debit card issuers, electronic funds
transfer processors, or draft purchasers. The contract shall provide
for:
   (1) The respective rights and duties of the court, city, county,
city and county, or other public agency and card issuer, funds
processor, or draft purchaser regarding the presentment,
acceptability, and payment of credit and debit card drafts and
electronic funds transfer requests.
   (2) The establishment of a reasonable means by which to facilitate
payment settlements.
   (3) The payment to the card issuer, funds processor, or draft
purchaser of a reasonable fee or discount.
   (4) Any other matters appropriately included in contracts with
respect to the purchase of credit and debit card drafts and
processing of electronic funds transfer requests as may be agreed
upon by the parties to the contract.
   (e) The honoring of a credit card, debit card, or electronic funds
transfer pursuant to subdivision (b) hereof constitutes payment of
the amount owing to the court, city, county, city and county, or
other public agency as of the date the credit or debit card is
honored or the electronic funds transfer is processed, provided the
credit or debit card draft is paid following its due presentment to a
card issuer or draft purchaser or the electronic funds transfer is
completed with transfer to the agency requesting the transfer.
   (f) If any credit or debit card draft is not paid following due
presentment to a card issuer or draft purchaser or is charged back to
the court, city, county, city and county, or other public agency for
any reason, any record of payment made by the court, city, or other
public agency honoring the credit or debit card shall be void. If any
electronic funds transfer request is not completed with transfer to
the agency requesting the transfer or is charged back to the agency
for any reason, any record of payment made by the agency processing
the electronic funds transfer shall be void. Any receipt issued in
acknowledgment of payment shall also be void. The obligation of the
cardholder or accountholder shall continue as an outstanding
obligation as if no payment had been attempted.
   (g) Notwithstanding Title 1.3 (commencing with Section 1747) of
Part 4 of Division 3 of the Civil Code, a court, city, county, city
and county, or any other public agency may impose a fee for the use
of a credit or debit card or electronic funds transfer, not to exceed
the costs incurred by the agency in providing for payment by credit
or debit card or electronic funds transfer. These costs may include,
but shall not be limited to, the payment of fees or discounts as
specified in paragraph (3) of subdivision (d). Any fee imposed by a
court pursuant to this subdivision shall be approved by the Judicial
Council. Any fee imposed by any other public agency pursuant to this
subdivision for the use of a credit or debit card or electronic funds
transfer shall be approved by the governing body responsible for the
fiscal decisions of the public agency.
   (h) Fees or discounts provided for under paragraph (3) of
subdivision (d) shall be deducted or accounted for prior to any
statutory or other distribution of funds received from the card
issuer, funds processor, or draft purchaser to the extent not
recovered from the cardholder or accountholder pursuant to
subdivision (g).
   (i) The Judicial Council may enter into a master agreement with
one or more credit or debit card issuers, funds processors, or draft
purchasers for the acceptance and payment of credit or debit card
drafts and electronic funds transfer requests received by the courts.
Any court may join in any of these master agreements or may enter
into a separate agreement with a credit or debit card issuer, funds
processor, or draft purchaser.