[§321-11.4]  Fees for electronicapplications and payments.  (a)  Any departmental program that collectsfees for the issuance of permits, licenses, certificates, or similar approvals,under chapters 340E, 340F, 342D, 342H, 342J, 342L, and that is required todeposit those fees to the credit of the general fund, may first deduct anyelectronic and credit card processing fees or charges that are made pursuant toagreements between the department and electronic services and credit cardservices providers from the total amount received by the department from theapplicant for each payment made electronically.

(b)  For purposes of this section, the term"credit card" includes credit cards, charge cards, and debit cards.

(c)  A person making an electronic payment tothe department remains liable for the underlying obligation except to theextent that the department realizes final payment of the underlying obligationin cash or the equivalent.  If the credit card issuer, bank, or other guarantorof payment in the transaction does not pay the department, then the underlyingobligation survives, and the department retains all remedies for enforcementthat would have applied if the transaction had not occurred.  No contract maymodify the provisions of this subsection.  This subsection, however, does notmake the underlying obligor liable for any electronic or credit card fees paidto an electronic services provider or credit card issuer or party other thanthe department. [L 2008, c 83, §2]