Introduced Version
HOUSE BILL No. 1894
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 33-19-6.5
; IC 35-33-8-9; IC 35-33-9-7.
Synopsis: Credit card processing fees as court costs. Permits a clerk
to collect a credit card service fee from a person who uses a credit card
to make a transaction with the clerk. Specifies that the fee may not
exceed the amount of the transaction charge or discount fee charged by
the bank or credit card vendor. Specifies that the credit card service fee
is in addition to the amount of bail set by the trial court.
Effective: July 1, 2003.
January 23, 2003, read first time and referred to Committee on Judiciary.
Introduced
First Regular Session 113th General Assembly (2003)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1894
A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 33-19-6.5; (03)IN1894.1.1. -->
SECTION 1.
IC 33-19-6.5
IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]:
Chapter 6.5. Credit Card Service Fee
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 or court cost; 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.
Sec. 2. The clerk shall collect a credit card service fee from each
person who uses a credit card, debit card, or similar method to pay
the clerk. The credit card service fee may not exceed the highest
transaction charge or discount fee charged to the clerk by the bank
or credit card vendor during the most recent collection period. The
fee may be collected regardless of any agreement between the bank
and a credit card vendor or regardless of any internal policy of the
credit card vendor that prohibits this type of fee.
Sec. 3. The clerk shall forward credit card service fees collected
under this chapter to the county auditor or city or town fiscal
officer in accordance with
IC 33-19-1-3
(a). These funds may be
used without appropriation to pay the transaction charge or
discount fee charged by the bank or credit card vendor.
SOURCE: IC 35-33-8-9; (03)IN1894.1.2. -->
SECTION 2.
IC 35-33-8-9
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 9. In addition to any other condition of bail imposed
under this chapter, a defendant who posts bail by means of a credit
card shall pay the credit card service fee under
IC 33-19-6.5.
SOURCE: IC 35-33-9-7; (03)IN1894.1.3. -->
SECTION 3.
IC 35-33-9-7
IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]:
Sec. 7. In addition to any other condition of bail imposed
under this chapter, a defendant who posts bail by means of a credit
card shall pay the credit card service fee under
IC 33-19-6.5.