CODE OF VIRGINIA

AUTHORITY TO ACCEPT REVENUE BY COMMERCIALLY ACCEPTABLE MEANS; SERVICE CHARGE;
BAD CHECK CHARGE (§ 2.2-614.1)

A. Subject to § 19.2-353.3, any public body that is responsible for revenue
collection, including, but not limited to, taxes, interest, penalties, fees,
fines or other charges, may accept payment of any amount due by any commercially
acceptable means, including, but not limited to, checks, credit cards, debit
cards, and electronic funds transfers.

B. The public body may add to any amount due a sum, not to exceed the amount
charged to that public body for acceptance of any payment by a means that incurs
a charge to that public body or the amount negotiated and agreed to in a
contract with that public body, whichever is less. Any state agency imposing
such additional charges shall waive them when the use of these means of payment
reduces processing costs and losses due to bad checks or other receivable costs
by an amount equal to or greater than the amount of such additional charges.

C. If any check or other means of payment tendered to a public body in the
course of its duties is not paid by the financial institution on which it is
drawn, because of insufficient funds in the account of the drawer, no account is
in the name of the drawer, or the account of the drawer is closed, and the check
or other means of payment is returned to the public body unpaid, the amount
thereof shall be charged to the person on whose account it was received, and his
liability and that of his sureties, shall be as if he had never offered any such
payment. A penalty of $ 35 or the amount of any costs, whichever is greater,
shall be added to such amount. This penalty shall be in addition to any other
penalty provided by law, except the penalty imposed by § 58.1-12 shall not
apply.

HISTORY: 2002, c. 719; 2004, c. 565.