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F I S C A L I M P A C T R E P O R T
SPONSOR Rawson
ORIGINAL DATE
LAST UPDATED
1/28/08
HB
SHORT TITLE Electronic Payments to Counties
SB 294
ANALYST Cox
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY08
FY09
NFI
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
Responses Received From
Attorney General’ Office - AGO
New Mexico Association of Counties
SUMMARY
Synopsis of Bill:
Senate Bill 294 would amend NMSA Section 6-10-1.2 to allow a county government to accept
payment by credit card or electronic means of any amount due the county.
SIGNIFICANT ISSUES
AGO states that:
Current law allows state agencies to accept credit card payments for any amounts due the state.
See NMSA Section 6-10-1.2; 7-1-6; 65-1-28A (1978). The State Board of Finance by rule also
provides for acceptance of credit card payments by state agencies through its fiscal agent
contract, but does not appear to allow acceptance of those payments by local public bodies.
2.60.8 NMAC. Although there do not appear to be provisions in state law prohibiting accepting
credit card payments by counties, the law is silent as to their authority to do so. This bill would
specifically authorize the acceptance of that form of payment by counties.
Current law already allows for payment to any public body by electronic transfer. NMSA
Section 6-10-63. However, the State Board of Finance requires prior authorization from the
Financial Control Division of the Department of Finance and Administration before a public