Assembly Bill No. 150-Assemblymen Bache, Goldwater, Giunchigliani, de Braga, Amodei, Segerblom, Lee, Buckley, Freeman, Ernaut, Neighbors, Parks, Perkins, Williams, Herrera, Collins, Mortenson, Close, Manendo, Braunlin, Koivisto, Anderson, Krenzer, Arberry, Ohrenschall, Hickey, Lambert, Humke, Evans, Price, Sandoval, Hettrick, Carpenter, Chowning, Tiffany, Berman and Dini

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AN ACT relating to government; authorizing state and local governments to contract for the acceptance of credit cards or debit cards for certain payments and for the placement of automated tellers at locations where payments are received; authorizing state and local governments to impose fees for providing expedited services; and providing other matters properly relating thereto.

[Approved ]

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

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Section 1. Chapter 353 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. As used in sections 3 to 6, inclusive, of this act, "state agency" means an agency, bureau, board, commission, department, division or any other unit of the executive department of the state government.
Sec. 3. 1. Upon approval of the state board of finance, a state agency may enter into contracts with issuers of credit cards or debit cards to provide for the acceptance of credit cards or debit cards by the agency:
(a) For the payment of money owed to the agency for taxes, interest, penalties or any other obligation; or
(b) In payment for goods or services.
2. Before a state agency may enter into a contract pursuant to subsection 1, the agency must submit the proposed contract to the state treasurer for his review and transmittal to the state board of finance.
3. If the issuer charges the state agency a fee for each use of a credit card or debit card, a contract entered into pursuant to subsection 1 must include a provision that requires the state agency to pay the fee charged by the issuer for the use of the credit card or debit card.
4. Except as otherwise provided in subsection 5, the payment of fees charged by the issuer for each use of a credit card or debit card must be treated in the same manner as any other administrative cost of the agency.
5. A state agency that is required to pay a fee charged by the issuer for the use of a credit card or debit card may, pursuant to section 6 of this act, file a claim with the director of the department of administration for reimbursement of the fees paid to the issuer during the immediately preceding quarter.
6. As used in this section:
(a) "Cardholder" means the person or organization named on the face of a credit card or debit card to whom or for whose benefit the credit card or debit card is issued by an issuer.
(b) "Credit card" means any instrument or device, whether known as a credit card or credit plate, or by any other name, issued with or without a fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit.
(c) "Debit card" means any instrument or device, whether known as a debit card or by any other name, issued with or without a fee by an issuer for the use of the cardholder in depositing, obtaining or transferring funds.
(d) "Issuer" means a business organization, financial institution or authorized agent of a business organization or financial institution that issues a credit card or debit card.
Sec. 4. 1. Upon approval of the state board of finance, a state agency may enter into contracts with financial institutions or other business organizations for the placement of automated tellers at locations where the agency receives payment of money.
2. Before a state agency may enter into a contract pursuant to subsection 1, the agency must submit the proposed contract to the state treasurer for his review and transmittal to the state board of finance.
3. As used in this section, "automated teller" means an electronic device that dispenses cash in connection with an account maintained in a financial institution or with another business.
Sec. 5. 1. Except as otherwise provided in this subsection and by specific statute, a state agency may charge, in addition to the fee otherwise imposed for a service provided by the agency, a reasonable fee for providing the service in an expedited manner or in a manner that is expeditious or convenient to the customer. A state agency shall not charge a fee pursuant to this subsection if it is otherwise authorized to charge a fee for providing special services.
2. The fee authorized pursuant to subsection 1 must not exceed 5 percent of the fee otherwise imposed.
3. All fees collected by a state agency pursuant to this section must be deposited with the state treasurer for credit to the account for expedited services, which is hereby created in the state general fund. Any amount remaining in the account at the end of a fiscal year must be carried forward to the next fiscal year.
Sec. 6. 1. A state agency that has, during the immediately preceding quarter, provided services in an expedited manner or in a manner that is expeditious or convenient to a customer may file a claim with the director of the department of administration for reimbursement of the costs to the agency for providing those services.
2. Upon receipt of a claim pursuant to subsection 1, the director of the department of administration shall make a recommendation to the interim finance committee to approve the claim in whole or in part or to deny the claim. If the interim finance committee approves the claim in whole or part, it must be paid from the account for expedited services created by section 5 of this act.
3. The amount of a claim submitted pursuant to this section must not exceed the total amount of the fees deposited by the agency with the state treasurer pursuant to section 4 of this act during the immediately preceding quarter.
Sec. 7. Chapter 354 of NRS is hereby amended by adding thereto the provisions set forth as sections 8, 9 and 10 of this act.
Sec. 8. 1. A local government may enter into contracts with issuers of credit cards or debit cards to provide for the acceptance of credit cards or debit cards by the local government:
(a) For the payment of money owed to the local government for taxes, interest, penalties or any other obligation; or
(b) In payment for goods or services.
2. If the issuer charges the local government a fee for each use of a credit card or debit card, a contract entered into pursuant to subsection 1 must include a provision that requires the local government to pay the fee charged by the issuer for the use of the credit card or debit card.
3. The payment of fees charged by the issuer for each use of a credit card or debit card must be treated in the same manner as any other administrative cost of the local government.
4. As used in this section:
(a) "Cardholder" means the person or organization named on the face of a credit card or debit card to whom or for whose benefit the credit card or debit card is issued by an issuer.
(b) "Credit card" means any instrument or device, whether known as a credit card or credit plate, or by any other name, issued with or without a fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit.
(c) "Debit card" means any instrument or device, whether known as a debit card or by any other name, issued with or without a fee by an issuer for the use of the cardholder in depositing, obtaining or transferring funds.
(d) "Issuer" means a business organization, financial institution or authorized agent of a business organization or financial institution that issues a credit card or debit card.
(e) "Local government" has the meaning ascribed to it in NRS 354.474.
Sec. 9. 1. A local government may enter into contracts with financial institutions or other business organizations for the placement of automated tellers at locations where the local government receives payments of money.
2. As used in this section:
(a) "Automated teller" means an electronic device that dispenses cash in connection with an account maintained in a financial institution or with another business.
(b) "Local government" has the meaning ascribed to it in NRS 354.474.
Sec. 10. 1. Except as otherwise provided by specific statute, a local government may charge, in addition to the fee otherwise imposed for a service provided by the local government, a reasonable fee for providing the service in an expedited manner or in a manner that is expeditious or convenient to the customer.
2. The fee authorized pursuant to subsection 1 must not exceed 5 percent of the fee otherwise imposed.
3. As used in this section, "local government" has the meaning ascribed to it in NRS 354.474.
Sec. 11. This act becomes effective on July 1, 1997.
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