莱西·温特沃斯著

City leaders often have questions about the legal requirements of using and accepting credit card payments. 领导者通常会问:

• 城市可以使用信用卡和/或借记卡吗?
• 城市使用信用卡的方式是什么?
• What policies should cities adopt to regulate city credit card use?

While cities can use credit cards to make purchases and accept credit card payments from customers, there are legal considerations of which leaders should be aware. These were expanded this year when the Legislature created additional notice requirements for accepting these types of payments.

City authority to purchase using credit cards

A city council may authorize the use of credit cards to make purchases, 但城市不允许背负债务. Therefore, cities should adopt a policy of paying the entire credit card balance each month.

也, state law requires that claims presented to the city for payment must be in writing and itemized. Bills from credit card companies might not be detailed enough to meet this requirement. As such, cities must keep all invoices and receipts for all purchases made using a city credit card.

The city council must approve all purchases. If city officers make or direct a credit card purchase that is not approved by the council, 他们可能要承担个人责任 for the amount of the purchase. In order to prevent any misuse, cities should have a credit card policy. 该政策应包括下列规定:

• Remind city officers that if they make unapproved credit card purchases, 他们可能要承担个人责任.
• Identify officers and employees who have authority to make purchases on behalf of the city.
• Identify the particular purchases that will be made with credit cards.
• 为所有采购建立审核流程.
• Prohi位 the use of city credit cards for personal purchases.
• 需要证明文件.
• Limit the total amount of charges that can be made on city credit cards.
• Require paying the entire credit card balance each month.
• Ensure incentives such as rewards or gifts earned with a purchase on a city credit card may only go to the city’s account or program, 而不是让个别员工受益.

信用卡奖励

Cities may accept a credit card incentive or reward. 然而, employees that are authorized to use city credit cards may not collect any credit card incentive or reward. 以避免资金被挪用, the city should choose either the cash back option or statement credit option.

The city should include a provision in its policy that states any incentive such as rewards or gifts earned with a purchase on a city credit card may only go to the city’s account or program, 而不是让个别员工受益 for personal use or benefit.

借记卡

While cities have authority to collect payments from either a credit card or de位 card, they do not have the same authority to make purchases using de位 cards. 不像信用卡, de位 cards allow funds to be immediately withdrawn from an account and provide fewer protections against theft. As such, the state auditor recommends that cities use credit cards rather than de位 cards.

New requirements for cities accepting payments by credit card

Cities have authority to accept a payment by credit card and to charge “convenience fees” or “service charges” when a customer elects to use the credit card. State statute limits these fees on credit card payments to 5% of the purchase price.

There are new notice requirements that cities should be aware of when accepting credit card payments and adding a surcharge, 包括:

• 当顾客亲自付款时, the city staff must inform the customer of the surcharge both verbally at the time of the sale and by a sign noticeably posted 在销售点.
• When the customer is paying by computer or mobile device, the city must inform the customer of the surcharge by clearly posting a surcharge notice during the sale, 在销售点, 对客户订单进行汇总, or on the checkout page of the website or mobile application.
• 当客户通过电话付款时, the city staff must inform the customer of the surcharge verbally.

The merchant services agreement the city has with the credit card service provider may prohi位 surcharges altogether. Cities should review their agreement with the credit card servicer because such an agreement may not allow convenience fees or service charges.

Learn more in the LMC information memo, Procedures for Paying City 索赔 (azarnewsonline.com/payingclaims) and the Office of the State Auditors Statement of Position (位.ly / OSAcreditcards).

Lexi Wentworth is a staff attorney with the 明尼苏达城市联盟. 联系人: (电子邮件保护).