Section 4-A. Electronic value transfer program

1. Definitions. As used in
  this section the following terms shall have the following meanings:
    a. "Electronic value transfer device" means a credit card, debit card,
  charge card, electronic fund transfer or other electronic value transfer
  mechanism approved by the electronic value transfer administrator.
    b. "Device issuer" means an issuer of  an  electronic  value  transfer
  device.
    c.  "Electronic  value  transfer" means any transfer of funds which is
  initiated directly or indirectly by  the  use  of  an  electronic  value
  transfer  device  so  as  to  order,  instruct  or authorize a financing
  agency, device issuer or processor to  initiate  a  transaction  in  any
  manner which results in a payment to a state agency.
    d.  "Electronic  value  transfer  administrator"  means a state agency
  designated by the  governor  to  administer  electronic  value  transfer
  programs  which  shall  have the authority, duties, and responsibilities
  granted pursuant to this section.
    e. "Financing agency" means any agency defined as such in  subdivision
  eighteen of section four hundred one of the personal property law to the
  extent not inconsistent with this chapter.
    f.  "Charge back" means a credit to the device user from an electronic
  value transfer transaction of the amount of the transaction in  question
  including, but not limited to, duplicate or other erroneous payments.
    g.  "Device  user"  means  a person using an electronic value transfer
  device pursuant to this section.
    h. "Processor" means an entity  which  manages  the  physical  system,
  authorizes  acceptance  of electronic value transfer transactions and/or
  arranges for fund transfers or customer billings.
    i. "State agency"  means  any  department,  board,  bureau,  division,
  commission,   committee,   council,   office  of  the  state,  or  other
  governmental entity with statewide jurisdiction.
    2. Electronic  value  transfer  administrator.  The  electronic  value
  transfer  administrator  shall have the following authority, duties, and
  responsibilities: to establish a  statewide  policy  and  direction  for
  electronic  value  transfer  programs;  to  facilitate  and  oversee the
  state's electronic value transfer programs with  primary  responsibility
  for   their   effective  and  efficient  implementation,  operation  and
  administration;  to  issue  guidelines  for  the  development  of  plans
  required to be submitted pursuant to this section, for the collection of
  payments  by  electronic  value  transfer  devices  and  the  associated
  agreements with device issuers, processors and  financing  agencies;  to
  negotiate   directly   or  in  conjunction  with  other  state  agencies
  agreements with financing agencies, device issuers, or  processors;  and
  to  determine in conjunction with state agencies the cost benefit to the
  state for utilizing alternative payment mechanisms. The electronic value
  transfer administrator may exempt a state agency, where  it  is  in  the
  best interest of the state, from any policy or guideline issued pursuant
  to this section. Authorization for the payment of any amount by means of
  an electronic value transfer device pursuant to this section shall be in
  addition  to  any existing authority of state agencies to accept payment
  by other means.
    3.  State  agency  collection  of  payments.  Each  state  agency   is
  authorized,  subject  to  the  approval of the electronic value transfer
  administrator, and the director of the budget, to  collect  payments  of
  fines,   fees,   rates,  charges,  taxes,  interest  penalties,  special
  assessments,  revenue,  financial  obligations  or  other   amounts   by
  electronic   value  transfer  devices,  consistent  with  the  statewide
  policies and guidelines established by  the  electronic  value  transfer
  administrator. Such approval shall be based upon a plan submitted to the

  electronic  value administrator and the director of the budget. The plan
  shall outline the costs and benefits of establishing an electronic value
  transfer program, indicate the type of  alternative  payment  mechanisms
  proposed,  and  notwithstanding  any  law  to  the contrary, may include
  provisions for surcharges which shall not be state  money,  to  pay  for
  transaction  costs of the financing agency, device issuers, or processor
  associated with the electronic value transfer. The  state  shall  notify
  the device user of the amount or percentage of the surcharge.
    4.  Electronic  value  transfer  agreements.  Consistent  with article
  eleven of this chapter, one or more state  agencies  are  authorized  to
  enter directly or collectively into agreements or to utilize centralized
  service  contracts  with one or more financing agencies, device issuers,
  or processors to provide  for  the  acceptance  by  a  state  agency  of
  electronic  value transfer as a means of payment for fines, fees, rates,
  charges,  taxes,  interest,  penalties,  special  assessments,  revenue,
  financial obligations and other amounts. Any such agreement shall govern
  the  terms and conditions upon which an electronic value transfer device
  proferred as a means of payment shall be accepted or  declined  and  the
  manner  in,  and  conditions  upon,  which  the financing agency, device
  issuer or processor shall  pay  to  such  state  agency  the  amount  of
  payments  collected  by  means  of  an  electronic value transfer device
  pursuant to such agreement. Any agreement entered into shall  include  a
  term and condition that the financing agency, device issuer or processor
  shall  not  be  authorized  to  charge back to the device user except as
  expressly provided in such agreement. Any state agency which has entered
  into an agreement with a financing agency, device issuer  or  processor,
  as  authorized  by the provisions of this section, may accept electronic
  value transfer as a means of payment as specified by the state agency in
  the agreement. The state  agency  may  pay  such  fees,  subject  to  an
  appropriation, as may be specified in such agreement with such financing
  agency,  device  issuer  or  processor  in consideration of the services
  rendered  by  such  financing  agency,  device  issuer   or   processor,
  thereunder.  Provided,  however, in no event, shall there be a reduction
  in any payment due  to  the  state  of  the  amounts  authorized  to  be
  collected pursuant due to subdivision three of this section.
    5.  Payment.  The  underlying debt, lien, obligation, bill, account or
  other amount owed to the state agency for which  payment  by  electronic
  value  transfer  device  is  accepted  by  the state agency shall not be
  expunged, canceled, released, discharged or satisfied, and  any  receipt
  or  other  evidence  of  payment  shall be deemed conditional, until the
  state agency has received final and unconditional payment  of  the  full
  amount  due  from  the  financing agency, device issuer or processor for
  such electronic value transfer device transaction. Any such  expunction,
  cancellation,  release, discharge or satisfaction shall not be deemed to
  expunge, cancel, release, discharge or satisfy any amount which  is  not
  paid  to  the  financing  agency,  device  issuer  or processor for such
  electronic value transfer device transaction.
    6. Access to information. Nothing contained in this section  shall  be
  deemed  to  grant  access  to  information  where  such  information  is
  otherwise protected by law from access.