CHAPTER 6. CREDIT CARD SERVICE FEE
IC 33-37-6
Chapter 6. Credit Card Service Fee
IC 33-37-6-1
Application
Sec. 1. This chapter applies to any transaction in which:
(1) the clerk is required to collect money from a person,
including:
(A) bail;
(B) a fine;
(C) a civil penalty;
(D) a court fee, court cost, or user fee imposed by the court;
or
(E) a fee for the preparation, duplication, or transmission of
a document; and
(2) the person pays the clerk by means of a credit card, debit
card, charge card, or similar method.
As added by P.L.98-2004, SEC.16.
IC 33-37-6-2
Discharge of debt liability; vendor transaction charge or discount
fee; contracts with payment processing companies authorized
Sec. 2. (a) A payment made under this chapter does not finally
discharge the person's liability, and the person has not paid the
liability until the clerk receives payment or credit from the institution
responsible for making the payment or credit.
(b) The clerk may contract with a bank or credit card vendor for
acceptance of bank or credit cards. Subject to subsection (d), if there
is a vendor transaction charge or discount fee, whether billed to the
clerk or charged directly to the clerk's account, the clerk shall collect
a fee from the person using the bank card or credit card. The fee
collected under this section is a permitted additional charge to the
money the clerk is required to collect under section 1(1) of this
chapter.
(c) Subject to subsection (d), the clerk may contract with a
payment processing company, which may collect a transaction fee
from the person using the bank card or credit card. The fee collected
under this section is a permitted additional charge to the money the
clerk is required to collect under section 1(1) of this chapter.
(d) The clerk shall collect and deposit in the appropriate fund an
amount not less than the amount the clerk would collect and deposit
if the clerk received payment by a means other than a bank card or
credit card.
As added by P.L.98-2004, SEC.16. Amended by P.L.65-2004,
SEC.16; P.L.171-2006, SEC.8.
IC 33-37-6-3
Use of credit card service fee
Sec. 3. (a) The clerk shall forward credit card service fees
collected under section 2 of this chapter to the county auditor or the
city or town fiscal officer in accordance with IC 33-37-7-12(a).
(b) Funds described in subsection (a) may be used without
appropriation to pay the transaction charge or discount fee charged
by the bank or credit card vendor.
As added by P.L.98-2004, SEC.16.