[§321-11.4]  Fees for electronic
applications and payments.  (a)  Any departmental program that collects
fees for the issuance of permits, licenses, certificates, or similar approvals,
under chapters 340E, 340F, 342D, 342H, 342J, 342L, and that is required to
deposit those fees to the credit of the general fund, may first deduct any
electronic and credit card processing fees or charges that are made pursuant to
agreements between the department and electronic services and credit card
services providers from the total amount received by the department from the
applicant 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 to
the department remains liable for the underlying obligation except to the
extent that the department realizes final payment of the underlying obligation
in cash or the equivalent.  If the credit card issuer, bank, or other guarantor
of payment in the transaction does not pay the department, then the underlying
obligation survives, and the department retains all remedies for enforcement
that would have applied if the transaction had not occurred.  No contract may
modify the provisions of this subsection.  This subsection, however, does not
make the underlying obligor liable for any electronic or credit card fees paid
to an electronic services provider or credit card issuer or party other than
the department. [L 2008, c 83, §2]