A5148

An Act authorizing convenience fees for electronic payments to local governments and amending P.L.1995, c.325.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 2 of P.L.1995, c.325 (C.40A:5-44) is amended to read as follows:

2. As used in this act:

"Association" means an organization whose members are issuers.

"Cardholder" means the person or organization named on the face of a credit card or debit card to whom or for whose benefit the credit card or debit card is issued by an issuer.

"Card based payment" means a monetary obligation tendered by the user of a credit card or debit card.

"Card payment system" means a technical procedure by which obligations owed a local unit or court may be paid by credit card or debit card.

“Convenience fee” means a fee charged by a local unit in excess of the total obligation and any service charge owed by a person or organization to offset the costs of administering a card payment system or an electronic funds transfer system.

"Credit card" means any instrument or device linked to an established line of credit, whether known as a credit card, charge card, credit plate, or by any other name, issued with or without fee by an issuer for the use of the cardholder in satisfying outstanding financial obligations, obtaining money, goods, services or anything else of value on credit.

"Debit card" means any instrument or device, whether known as a debit card, automated teller machine card, or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value through the electronic authorization of a financial institution to debit the cardholder's account.

"Director" means the Director of the Division of Local Government Services in the Department of Community Affairs.

"Electronic funds transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephone, or computer or magnetic tape for the purpose of ordering, instructing or authorizing a financial institution to debit or credit an account, and includes an in-person funds transfer and an online funds transfer.

"Electronic funds transfer system" means a technical procedure by which obligations owed to or collected by the Supreme Court,

the Superior Court, Tax Court or a local unit may be paid by an electronic transaction between the financial institution of the person or organization owing the obligation and the financial institution of the governmental entity.

"In-person funds transfer" means any transfer of funds through a service that accepts a payment made in-person, by any method, and then transmits those funds to a payee by electronic funds transfer, but shall not include a service that requires a local unit to maintain, and funds to be transmitted to, an account that is not a designated depository of the local unit pursuant to N.J.S.A.40A:5-14.

"Issuer" means the business organization or financial institution which issues a credit card or debit card, or its duly authorized agent.

"Local unit" means any unit of government subject to the provisions of chapter 5 or 5A of Title 40A of the New Jersey Statutes, and the constituent parts of those units, including but not limited to independent local authorities, public libraries, municipal courts and joint municipal courts.

"Online funds transfer" means any Internet-based transfer of funds through an Internet-based payment system, but shall not include a service that requires a local unit to maintain, and funds to be transmitted to, an account that is not a designated depository of the local unit pursuant to N.J.S.A.40A:5-14.

"Service charge" means a fee charged by the Supreme Court, the Superior Court, Tax Court or local unit in excess of the total obligation owed by a person or organization to offset processing charges or discount fees for the use of a card payment system or an electronic funds transfer system.

(cf: P.L.2020, c.34, s.9)

2. Section 4 of P.L.1995, c.325 (C.40A:5-46) is amended to read as follows:

4. a. Notwithstanding the provisions of any other law to the contrary and if not legally prohibited by an association or by an issuer, local units are authorized to assess and collect service charges related to obligations owed to or collected by the local unit when credit cards, debit cards or electronic funds transfer systems, are utilized.

b. Notwithstanding the provisions of any other law to the contrary and in addition to a service charge assessed and collected pursuant to subsection a. of this section, a local unit is authorized to assess and collect a convenience fee in an amount not to exceed $3 for each obligation owed to or collected by the local unit when credit cards, debit cards, or electronic funds transfer systems are utilized.

(cf: P.L.1995, c.325, s.4)

3. This act shall take effect immediately.

STATEMENT

This bill would authorize local government units to assess and collect a convenience fee of up to $3 for accepting an electronic payment. The Supreme Court of New Jersey recently affirmed an Appellate Division decision ruling that the "Government Electronic Payment Acceptance Act" does not authorize the imposition of a convenience fee for accepting electronic payments, which several counties had been imposing. This bill would amend that law to authorize such fees in order to offset the administrative expenses borne by local government units in accepting electronic payments.