Bill Text: IL SB3321 | 2025-2026 | 104th General Assembly | Enrolled


Bill Title: Amends the Local Governmental Acceptance of Credit Cards Act. Provides that no agreement or contract with a local governmental entity may prohibit or discriminate against the use of the State Treasurer's E-Pay program under the State Treasurer Act or any other payment processing system that the local governmental entity has procured. Effective immediately.

Sponsorship: Partisan Bill (Democrat 5)

Status: (Enrolled) 2026-05-31 - Passed Both Houses [SB3321 Detail]

Download: Illinois-2025-SB3321-Enrolled.html

 


 
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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Local Governmental Acceptance of Credit
5Cards Act is amended by changing Section 20 as follows:
 
6    (50 ILCS 345/20)
7    Sec. 20. Election by local governmental entities to accept
8credit cards.
9    (a) The decision whether to accept credit card payments
10for any particular type of obligation shall be made by the
11governing body of the local governmental entity that has
12general discretionary authority over the manner of acceptance
13of payments. The governing body may adopt reasonable rules
14governing the manner of acceptance of payments by credit card.
15Except as provided in subsection (b) of Section 20-25 of the
16Property Tax Code, no decision to accept credit card payments
17under this Act shall be made until the governing body has
18determined, following a public hearing held not sooner than 10
19nor later than 30 days following public notice of the hearing,
20that the acceptance of credit card payments for the types of
21authorized obligations specified in the public notice is in
22the best interests of the citizens and governmental
23administration of the local governmental entity or community

 

 

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1college and of the students and taxpayers thereof.
2    (b) The governing body of the entity accepting payment by
3credit card may enter into agreements with one or more
4financial institutions or other service providers to
5facilitate the acceptance and processing of credit card
6payments. Such agreements shall identify the specific services
7to be provided, an itemized list of the fees charged, and the
8means by which each such fee shall be paid. Such agreements may
9include a discount fee to cover the costs of interchange,
10assessments and authorizations, a per item processing fee for
11the service provider, and any other fee, including a payment
12of a surcharge or convenience fee, that may be applicable to
13specific circumstances. Any agreement for acceptance of
14payments by credit cards may be canceled by the governmental
15entity upon giving reasonable notice of intent to cancel. No
16agreement or contract with a local governmental entity may
17prohibit or discriminate against the use of the State
18Treasurer's E-Pay program under the State Treasurer Act or any
19other payment processing system that the local governmental
20entity has procured. Nothing in this subsection prevents a
21local governmental entity from entering into a contract with a
22financial institution that is in compliance with federal and
23State laws prohibiting the tying of financial services by such
24financial institution.    
25    (c) An entity accepting payments by credit card may pay
26amounts due a financial institution or other service provider

 

 

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1by (i) paying the financial institution or other service
2provider upon presentation of an invoice or (ii) allowing the
3financial institution or other service provider to withhold
4the amount of the fees from the credit card payment. A discount
5or processing fee may be authorized whenever the governing
6body of the entity determines that any reduction of revenue
7resulting from the discount or processing fee will be in the
8best interest of the entity. Items that may be considered in
9making a determination to authorize the payment of fees or the
10acceptance of a discount include, but are not limited to,
11improved governmental cash flows, reduction of governmental
12overhead, improved governmental financial security, a
13combination of these items, and the benefit of increased
14public convenience. No payment to or withheld by a financial
15institution or other service provider may exceed the amounts
16authorized under subsection (b) of Section 25.
17    (d) Unless specifically prohibited by an ordinance or rule
18adopted by the governing body of the local governmental
19entity, a person may pay multiple tax bills in a single
20transaction.
21(Source: P.A. 96-1248, eff. 7-23-10.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.
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