Assembly Bill No. 24–Committee on Judiciary

Prefiled January 8, 1999

(On Behalf of Legislative Commission’s Study Concerning Fees, Fines, Forfeitures and Administrative Assessments)

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Referred to Committee on Judiciary

 

SUMMARY—Authorizes courts to contract for acceptance of credit cards and debit cards for payment of fees, fines and other charges owed to court. (BDR 1-178)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to courts; authorizing courts to contract for the acceptance of credit cards and debit cards for the payment of fees, fines and other charges owed to the court; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 1 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. A court in this state may enter into a contract with an issuer of

1-4 credit cards or debit cards to provide for the acceptance of credit cards or

1-5 debit cards by the court for the payment of money owed to the court for a

1-6 fee, fine, administrative assessment, restitution or any other charge owed

1-7 to the court.

1-8 2. If the issuer charges the court a fee for each use of a credit card or

1-9 debit card, the court may require the cardholder to pay a fee. The fee

1-10 charged by the court must not exceed the amount charged by the issuer

1-11 for the use of the card or 4 percent of the total amount paid to the court

1-12 by the cardholder through the use of the credit card or debit card,

1-13 whichever is less.

1-14 3. As used in this section:

2-1 (a) "Cardholder" means the person or organization named on the face

2-2 of a credit card or debit card to whom or for whose benefit the credit card

2-3 or debit card is issued by an issuer.

2-4 (b) "Credit card" means any instrument or device, whether known as a

2-5 credit card or credit plate, or by any other name, issued with or without a

2-6 fee by an issuer for the use of the cardholder in obtaining money,

2-7 property, goods, services or anything else of value on credit.

2-8 (c) "Debit card" means any instrument or device, whether known as a

2-9 debit card or by any other name, issued with or without a fee by an issuer

2-10 for the use of the cardholder in depositing, obtaining or transferring

2-11 funds.

2-12 (d) "Issuer" means a business organization, financial institution or

2-13 authorized agent of a business organization or financial institution that

2-14 issues a credit card or debit card.

2-15 Sec. 2. NRS 354.770 is hereby amended to read as follows:

2-16 354.770 1. A local government may enter into contracts with issuers

2-17 of credit cards or debit cards to provide for the acceptance of credit cards or

2-18 debit cards by the local government:

2-19 (a) For the payment of money owed to the local government for taxes,

2-20 interest, penalties or any other obligation; or

2-21 (b) In payment for goods or services.

2-22 2. If the issuer charges the local government a fee for each use of a

2-23 credit card or debit card, a contract entered into pursuant to subsection 1

2-24 must include a provision that requires the local government to pay the fee

2-25 charged by the issuer for the use of the credit card or debit card.

2-26 3. The payment of fees charged by the issuer for each use of a credit

2-27 card or debit card must be treated in the same manner as any other

2-28 administrative cost of the local government.

2-29 4. As used in this section:

2-30 (a) "Cardholder" means the person or organization named on the face of

2-31 a credit card or debit card to whom or for whose benefit the credit card or

2-32 debit card is issued by an issuer.

2-33 (b) "Credit card" means any instrument or device, whether known as a

2-34 credit card or credit plate, or by any other name, issued with or without a

2-35 fee by an issuer for the use of the cardholder in obtaining money, property,

2-36 goods, services or anything else of value on credit.

2-37 (c) "Debit card" means any instrument or device, whether known as a

2-38 debit card or by any other name, issued with or without a fee by an issuer

2-39 for the use of the cardholder in depositing, obtaining or transferring funds.

2-40 (d) "Issuer" means a business organization, financial institution or

2-41 authorized agent of a business organization or financial institution that

2-42 issues a credit card or debit card.

3-1 (e) "Local government" has the meaning ascribed to it in NRS 354.474

3-2 [.] , except that the term does not include a court that has entered into a

3-3 contract pursuant to section 1 of this act.

3-4 Sec. 3. This act becomes effective on July 1, 1999.

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