Minnesota Session Laws - 2000, Regular Session

                            CHAPTER 419-S.F.No. 1699 
                  An act relating to state government; authorizing 
                  payment by electronic means; proposing coding for new 
                  law in Minnesota Statutes, chapter 16A. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [16A.626] [ELECTRONIC PAYMENTS.] 
           (a) For purposes of this section, the terms defined in this 
        paragraph have the meaning given them.  "Agency" means a state 
        officer, employee, board, commission, authority, department, 
        entity, or organization of the executive branch of state 
        government.  "Government services transaction" means the conduct 
        of business between an agency and an individual or business 
        entity where the individual or business entity is paying a 
        license or permit fee or tax or purchasing goods or services. 
           (b) Notwithstanding any other provision of law, rule, or 
        regulation to the contrary, an agency may accept credit cards, 
        charge cards, debit cards, or other method of electronic funds 
        transfer for payment in government services transactions, 
        including electronic transactions. 
           (c) The commissioner of finance, in consultation with the 
        state treasurer, shall contract with one or more entities for 
        the purpose of enabling agencies to accept and process credit 
        cards and other electronic financial transactions.  All agencies 
        shall process their credit card and other electronic financial 
        transactions through the contracts negotiated by the 
        commissioner of finance, unless the commissioner of finance 
        grants a waiver allowing an agency to negotiate its own contract 
        with an entity.  These contracts must be approved by the 
        commissioner of finance. 
           (d) Agencies that accept credit cards, charge cards, debit 
        cards, or other method of electronic funds transfer for payment 
        may impose a convenience fee to be added to each transaction, 
        except that the department of revenue shall not impose a fee 
        under this section on any payment of tax that is required by law 
        or rule to be made by electronic funds transfer.  The total 
        amount of such convenience fee must be equal to the transaction 
        fee charged by a processing contractor for such credit services 
        during the most recent collection period.  An agency imposing a 
        convenience fee must notify the person using the credit services 
        of the fee before the transaction is processed.  Fees collected 
        under this section are appropriated to the agency collecting the 
        fee for purposes of paying the processing contractor. 
           (e) A convenience fee imposed by an agency under this 
        section is in addition to any tax, fee, charge, or cost 
        otherwise imposed for a license, permit, tax, service, or good 
        provided by the agency. 
           (f) Credit card, charge card, debit card, or other method 
        of electronic funds transfer account numbers are nonpublic data 
        not on individuals as defined in section 13.02, subdivision 9, 
        or private data on individuals as defined in section 13.02, 
        subdivision 12. 
           Presented to the governor April 14, 2000 
           Signed by the governor April 18, 2000, 10:34 a.m.