2.2-614.1 - Authority to accept revenue by commercially acceptable means; service charge; bad check charge. - Virginia Statutes

§ 2.2-614.1. Authority to accept revenue by commercially acceptable means;service charge; bad check charge.

A. Subject to § 19.2-353.3, any public body that is responsible for revenuecollection, including, but not limited to, taxes, interest, penalties, fees,fines or other charges, may accept payment of any amount due by anycommercially acceptable means, including, but not limited to, checks, creditcards, debit cards, and electronic funds transfers.

B. The public body may add to any amount due a sum, not to exceed the amountcharged to that public body for acceptance of any payment by a means thatincurs a charge to that public body or the amount negotiated and agreed to ina contract with that public body, whichever is less. Any state agencyimposing such additional charges shall waive them when the use of these meansof payment reduces processing costs and losses due to bad checks or otherreceivable costs by an amount equal to or greater than the amount of suchadditional charges.

C. If any check or other means of payment tendered to a public body in thecourse of its duties is not paid by the financial institution on which it isdrawn, because of insufficient funds in the account of the drawer, no accountis in the name of the drawer, or the account of the drawer is closed, and thecheck or other means of payment is returned to the public body unpaid, theamount thereof shall be charged to the person on whose account it wasreceived, and his liability and that of his sureties, shall be as if he hadnever offered any such payment. A penalty of $35 or the amount of any costs,whichever is greater, shall be added to such amount. This penalty shall be inaddition to any other penalty provided by law, except the penalty imposed by§ 58.1-12 shall not apply.

(2002, c. 719; 2004, c. 565.)