(50 ILCS 345/25)
Payment of fees by cardholders.
(a) The governing body of a local
entity authorizing acceptance of payment by credit card may, but is not
required to, impose a convenience fee or surcharge upon a cardholder making
card in an amount to wholly or partially offset, but in no event exceed, the
any discount or processing fee incurred by the local
governmental entity. This convenience
fee or surcharge
may be applied only when allowed under the operating rules and
regulations of the credit card involved. When a cardholder elects to make a
payment by credit card to a local governmental entity and a convenience fee
or surcharge is
imposed, the payment of the convenience fee or surcharge shall be deemed
voluntary by the
person and shall not be refundable.
(b) No fee, or accumulation of fees,
that exceeds the lesser of $20 or 5% of the principal amount charged
may be imposed in connection with the
issuance of any license, sticker, or permit, or with respect to any other
similar transaction. No fee, or accumulation of fees, that exceeds
the lesser of $5 or 5% of the transaction involved may be imposed in connection
with the payment of any fine. No fee, or accumulation of fees, in excess of
the lesser of $40 or 3% of the principal amount charged may be imposed in
connection with the payment of any real estate or other tax.
(c) Notwithstanding the provisions of subsection (b), a minimum fee of $1
may be imposed with respect to any transaction.
Notwithstanding the provisions of subsection (b), a fee in excess of the
subsection (b) may be imposed by a local governmental entity on a transaction
if (i) the fee
imposed by the local governmental entity is no greater than a fee charged by
institution or service provider accepting and processing credit card payments
on behalf of the
local governmental entity; (ii) the financial institution or service provider
processing the credit card payments was selected by competitive bid and, when
accordance with the provisions of the Illinois Procurement Code; and (iii) the
entity fully discloses the amount of the fee to the cardholder.
(Source: P.A. 92-114, eff. 1-1-02.)