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General Assembly Raised Bill No. 6614
January Session, 2023
LCO No. 4036
Referred to Committee on GENERAL LAW
Introduced by:
(GL)
AN ACT CONCERNING DEBIT CARDS AND CASH DISCOUNTS FOR
GASOLINE PURCHASES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsections (a) to (c), inclusive, of section 42-133ff of the 1
general statutes are repealed and the following is substituted in lieu 2
thereof (Effective October 1, 2023): 3
(a) For the purposes of this section: 4
(1) (A) "Agent" (i) means any person who (I) arranges for the 5
distribution of services by another person, or (II) leases, rents or sells 6
tangible or intangible personal, real or mixed property, or any other 7
article, commodity or thing of value, on behalf of another person, and 8
(ii) includes, but is not limited to, (I) any person who is duly appointed 9
as an agent by a common carrier, (II) any person who sells 10
transportation, travel or vacation arrangements on behalf of another 11
person who is engaged in the business of furnishing transportation, 12
travel or vacation services, and (III) any member of a cruise line 13
association that operates exclusively as an agent for cruise lines to sell 14
cruise travel products or services. 15 Raised Bill No. 6614
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(B) "Agent" does not mean (i) a common carrier, (ii) an employee of a 16
common carrier, or (iii) any person engaged in the business of 17
furnishing transportation, travel or vacation services. 18
(2) "Charge card" (A) means any card, device or instrument that (i) is 19
issued, with or without a fee, to a holder and requires the holder to pay 20
the full outstanding balance due on such card, device or instrument at 21
the end of each standard billing cycle established by the issuer of such 22
card, device or instrument, and (ii) may be used by the holder in a 23
transaction to receive services or lease, purchase or rent tangible or 24
intangible personal, real or mixed property, or any other article, 25
commodity or thing of value, and (B) includes, but is not limited to, any 26
software application that (i) is used to store a digital form of such card, 27
device or instrument, and (ii) may be used in a transaction to receive 28
such services or lease, purchase or rent any such property, article, 29
commodity or thing. 30
(3) "Credit card" (A) means any card, device or instrument that (i) is 31
issued, with or without a fee, to a holder, and (ii) may be used by the 32
holder in a transaction to receive services or lease, purchase or rent 33
tangible or intangible personal, real or mixed property, or any other 34
article, commodity or thing of value on credit, regardless of whether 35
such card, device or instrument is known as a credit card, credit plate or 36
by any other name, and (B) includes, but is not limited to, any software 37
application that (i) is used to store a digital form of such card, device or 38
instrument, and (ii) may be used in a transaction to receive such services 39
or lease, purchase or rent any such property, article, commodity or thing 40
on credit. 41
(4) (A) "Debit card" (i) means any card, code, device or other means 42
of access, or any combination thereof, that (I) is authorized or issued for 43
use to debit an asset account held, directly or indirectly, by a financial 44
institution, and (II) may be used in a transaction to receive services or 45
lease, purchase or rent tangible or intangible personal, real or mixed 46
property, or any other article, commodity or thing of value regardless of 47
whether such card, code, device, means or combination is known as a 48 Raised Bill No. 6614
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debit card, and (ii) includes, but is not limited to, (I) any software 49
application that is used to store a digital form of such card, code, device 50
or other means of access, or any combination thereof, that may be used 51
in a transaction to receive such services or lease, purchase or rent any 52
such property, article, commodity or thing, and (II) any cards, codes, 53
devices or other means of access, or any combination thereof, commonly 54
known as automated teller machine cards and payroll cards. 55
(B) "Debit card" does not mean (i) a check, draft or similar paper 56
instrument, or (ii) any electronic representation of such check, draft or 57
instrument. 58
(5) "Person" means any natural person, corporation, incorporated or 59
unincorporated association, limited liability company, partnership, 60
trust or other legal entity. 61
(6) "Surcharge" means any additional charge or fee that increases the 62
total amount of a transaction for the privilege of using a particular form 63
of payment. 64
(7) (A) "Transaction" means distribution by one person to another 65
person of any service, or the lease, rental or sale by one person of any 66
tangible or intangible personal, real or mixed property, or any other 67
article, commodity or thing of value to another person, for a certain 68
price. 69
(B) "Transaction" does not mean payment of any (i) fees, costs, fines 70
or other charges to a state agency authorized by the Secretary of the 71
Office of Policy and Management under section 1-1j, (ii) taxes, penalties, 72
interest and fees allowed by the Commissioner of Revenue Services in 73
accordance with section 12-39r, (iii) taxes, penalties, interest and fees, or 74
other charges, to a municipality in accordance with section 12-141a, (iv) 75
fees, costs, fines or other charges to the Judicial Branch in accordance 76
with section 51-193b, or (v) sum pursuant to any other provision of the 77
general statutes or regulation of Connecticut state agencies. 78
(b) No person may impose a surcharge on any transaction. 79 Raised Bill No. 6614
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(c) (1) [Nothing] Except as provided in subparagraph (B) of 80
subdivision (2) of this subsection, nothing in this section shall prohibit 81
any person from offering a discount on any transaction to induce 82
payment by cash, check, debit card or similar means rather than by 83
charge card or credit card. No person may offer any such discount 84
unless such person posts a notice disclosing such discount. Such person 85
shall clearly and conspicuously (A) post such notice on such person's 86
premises if such person conducts transactions in-person, (B) display 87
such notice on the Internet web site or digital payment application 88
before completing any online transaction or transaction that is 89
processed by way of such digital payment application, and (C) verbally 90
provide such notice before completing any oral transaction, including, 91
but not limited to, any telephonic transaction. 92
(2) [In] (A) Except as provided in subparagraph (B) of this subdivision 93
and in furtherance of the legislative findings contained in section 42-94
133j, no existing or future agreement or contract shall prohibit a gasoline 95
distributor or retailer from offering a discount to a buyer based upon 96
the method such buyer uses to pay for such gasoline, [. Any] and any 97
provision in such agreement or contract prohibiting such distributor or 98
retailer from offering such discount is void and without effect because 99
such provision is contrary to public policy. 100
(B) No gasoline retailer may offer a discount to a buyer to induce the 101
buyer to purchase gasoline with cash unless the gasoline retailer offers 102
such discount to a buyer who purchases gasoline with a debit card. 103
Sec. 2. Subsection (f) of section 16a-15 of the general statutes is 104
repealed and the following is substituted in lieu thereof (Effective October 105
1, 2023): 106
(f) Each person shall publicly display and maintain on each pump or 107
other dispensing device from which any gasoline intended as a fuel for 108
motor boats or motor vehicles is sold by such person, such signs as the 109
Commissioner of Consumer Protection, by [regulation] regulations 110
adopted pursuant to chapter 54, may require to inform the public [of 111 Raised Bill No. 6614
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whether] that, if a discount is offered for payment by cash, payment for 112
such gasoline by debit card is processed at the [credit card price per 113
gallon or the] cash price per gallon. 114
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2023 42-133ff(a) to (c)
Sec. 2 October 1, 2023 16a-15(f)
Statement of Purpose:
To: (1) Provide that no gasoline retailer may offer a discount to induce a
buyer to purchase gasoline with cash unless such gasoline retailer also
offers such discount to a buyer who purchases gasoline with a debit
card; and (2) require certain gasoline retailers to publicly display and
maintain any signs the Commissioner of Consumer Protection requires
to inform the public that, if a discount is offered to a buyer who
purchases gasoline with cash, any payment for gasoline by debit card
shall be processed at the cash price per gallon.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]