Indiana 2024 Regular Session

Indiana Senate Bill SB0055 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 55
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 5-27.
7	7	Synopsis: Electronic payments to governmental bodies. Amends the
8	8	definition of "electronic payment" for purposes of the statute governing
9	9	electronic payments to a governmental body (defined as the state or a
10	10	state agency) to include a payment made by means of any of the
11	11	following: (1) Interactive voice response. (2) A digital wallet. (3) A
12	12	digital currency. Provides that after June 30, 2024, a governmental
13	13	body may not enter into or renew a contract: (1) that is made with a
14	14	provider or vendor of payment processing services; and (2) the terms
15	15	of which provide that any: (A) vendor transaction charge; (B) discount
16	16	fee; or (C) other service charge or fee; assessed in connection with the
17	17	contract is payable by the person who makes an electronic payment.
18	18	Effective: July 1, 2024.
19	19	Qaddoura
20	20	January 8, 2024, read first time and referred to Committee on Appropriations.
21	21	2024 IN 55—LS 6222/DI 101 Introduced
22	22	Second Regular Session of the 123rd General Assembly (2024)
23	23	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
24	24	Constitution) is being amended, the text of the existing provision will appear in this style type,
25	25	additions will appear in this style type, and deletions will appear in this style type.
26	26	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
27	27	provision adopted), the text of the new provision will appear in this style type. Also, the
28	28	word NEW will appear in that style type in the introductory clause of each SECTION that adds
29	29	a new provision to the Indiana Code or the Indiana Constitution.
30	30	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
31	31	between statutes enacted by the 2023 Regular Session of the General Assembly.
32	32	SENATE BILL No. 55
33	33	A BILL FOR AN ACT to amend the Indiana Code concerning state
34	34	and local administration.
35	35	Be it enacted by the General Assembly of the State of Indiana:
36	36	1 SECTION 1. IC 5-27-2-3 IS AMENDED TO READ AS FOLLOWS
37	37	2 [EFFECTIVE JULY 1, 2024]: Sec. 3. "Electronic payment" means a
38	38	3 payment by means of any of the following:
39	39	4 (1) A credit card.
40	40	5 (2) A debit card.
41	41	6 (3) A charge card.
42	42	7 (4) A stored value card.
43	43	8 (5) A bank card.
44	44	9 (6) An electronic check. or
45	45	10 (7) An electronic funds transfer, including but not limited to:
46	46	11 (A) Fed wire; and
47	47	12 (B) Automated Clearing House.
48	48	13 (8) Interactive voice response.
49	49	14 (9) A digital wallet.
50	50	15 (10) A digital currency.
51	51	16 SECTION 2. IC 5-27-3-3 IS AMENDED TO READ AS FOLLOWS
52	52	17 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Except as provided in
53	53	2024 IN 55—LS 6222/DI 101 2
54	54	1 subsection (c), a governmental body may:
55	55	2 (1) if the governmental body obtains the consent of each
56	56	3 governmental body that is directly affected by the transaction,
57	57	4 recognize the net amount remitted by the provider company as
58	58	5 payment in full of an amount due the governmental entity for a
59	59	6 service, a tax, a license, a permit, a fee, information, or any other
60	60	7 amount due the governmental body that was paid by an electronic
61	61	8 payment; or
62	62	9 (2) collect a sum for the vendor transaction charge, discount fee,
63	63	10 or any other charge from the person who makes an electronic
64	64	11 payment.
65	65	12 A fee under subdivision (2) may be collected as an enhanced service
66	66	13 fee by a governmental body. The fee is a permitted additional charge
67	67	14 under IC 24-4.5-3-202.
68	68	15 (b) A governmental body may pay a service charge or fee in
69	69	16 connection with its agreement with the provider company.
70	70	17 (c) After June 30, 2024, a governmental body may not enter into
71	71	18 or renew a contract:
72	72	19 (1) that is made with a provider company or any other vendor
73	73	20 of payment processing services; and
74	74	21 (2) the terms of which provide that any:
75	75	22 (A) vendor transaction charge;
76	76	23 (B) discount fee; or
77	77	24 (C) other service charge or fee;
78	78	25 assessed in connection with the contract is payable by the
79	79	26 person who makes an electronic payment, as described in
80	80	27 subsection (a)(2).
81	81	28 (d) Subsection (c) does not:
82	82	29 (1) affect the validity of a contract that:
83	83	30 (A) is entered into by a governmental body and:
84	84	31 (i) a provider company; or
85	85	32 (ii) any other vendor of payment processing services;
86	86	33 before July 1, 2024; and
87	87	34 (B) provides that any:
88	88	35 (i) vendor transaction charge;
89	89	36 (ii) discount fee; or
90	90	37 (iii) other service charge or fee;
91	91	38 assessed in connection with the contract is payable by the
92	92	39 person who makes an electronic payment, as described in
93	93	40 subsection (a)(2); or
94	94	41 (2) prohibit the collection of any:
95	95	42 (A) vendor transaction charge;
96	96	2024 IN 55—LS 6222/DI 101 3
97	97	1 (B) discount fee; or
98	98	2 (C) other service charge or fee;
99	99	3 assessed in connection with a contract described in
100	100	4 subdivision (1), from a person making an electronic payment
101	101	5 for an amount owed to the governmental body for any service,
102	102	6 tax, license, permit, fee, information, or other amount owed to
103	103	7 the governmental body.
104	104	2024 IN 55—LS 6222/DI 101