Connecticut 2023 Regular Session

Connecticut House Bill HB06614 Compare Versions

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3		-	LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06614-R01-
4		-	HB.docx
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	3	+	LCO No. 4036 1 of 5
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7		-	General Assembly ~~Substitute~~ Bill No. 6614
	5	+	General Assembly Raised Bill No. 6614
8	6		January Session, 2023
	7	+	LCO No. 4036
9	8
	9	+
	10	+	Referred to Committee on GENERAL LAW
	11	+
	12	+
	13	+	Introduced by:
	14	+	(GL)
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14	19		AN ACT CONCERNING DEBIT CARDS AND CASH DISCOUNTS FOR
15	20		GASOLINE PURCHASES.
16	21		Be it enacted by the Senate and House of Representatives in General
17	22		Assembly convened:
18	23
19		-	Section 1. Subsection (f) of section 16a-15 of the general statutes is 1
20		-	repealed and the following is substituted in lieu thereof (Effective 2
21		-	October 1, 2023): 3
22		-	(f) Each person shall publicly display and maintain on each pump 4
23		-	or other dispensing device from which any gasoline intended as a fuel 5
24		-	for motor boats or motor vehicles is sold by such person [, such signs 6
25		-	as the Commissioner of Consumer Protection, by regulation adopted 7
26		-	pursuant to chapter 54, may require to inform] a sign informing the 8
27		-	public of whether, if a discount is offered for payment by cash, 9
28		-	payment for such gasoline by debit card is processed at the credit card 10
29		-	price per gallon or the cash price per gallon. 11
	24	+	Section 1. Subsections (a) to (c), inclusive, of section 42-133ff of the 1
	25	+	general statutes are repealed and the following is substituted in lieu 2
	26	+	thereof (Effective October 1, 2023): 3
	27	+	(a) For the purposes of this section: 4
	28	+	(1) (A) "Agent" (i) means any person who (I) arranges for the 5
	29	+	distribution of services by another person, or (II) leases, rents or sells 6
	30	+	tangible or intangible personal, real or mixed property, or any other 7
	31	+	article, commodity or thing of value, on behalf of another person, and 8
	32	+	(ii) includes, but is not limited to, (I) any person who is duly appointed 9
	33	+	as an agent by a common carrier, (II) any person who sells 10
	34	+	transportation, travel or vacation arrangements on behalf of another 11
	35	+	person who is engaged in the business of furnishing transportation, 12
	36	+	travel or vacation services, and (III) any member of a cruise line 13
	37	+	association that operates exclusively as an agent for cruise lines to sell 14
	38	+	cruise travel products or services. 15 Raised Bill No. 6614
	39	+
	40	+
	41	+
	42	+	LCO No. 4036 2 of 5
	43	+
	44	+	(B) "Agent" does not mean (i) a common carrier, (ii) an employee of a 16
	45	+	common carrier, or (iii) any person engaged in the business of 17
	46	+	furnishing transportation, travel or vacation services. 18
	47	+	(2) "Charge card" (A) means any card, device or instrument that (i) is 19
	48	+	issued, with or without a fee, to a holder and requires the holder to pay 20
	49	+	the full outstanding balance due on such card, device or instrument at 21
	50	+	the end of each standard billing cycle established by the issuer of such 22
	51	+	card, device or instrument, and (ii) may be used by the holder in a 23
	52	+	transaction to receive services or lease, purchase or rent tangible or 24
	53	+	intangible personal, real or mixed property, or any other article, 25
	54	+	commodity or thing of value, and (B) includes, but is not limited to, any 26
	55	+	software application that (i) is used to store a digital form of such card, 27
	56	+	device or instrument, and (ii) may be used in a transaction to receive 28
	57	+	such services or lease, purchase or rent any such property, article, 29
	58	+	commodity or thing. 30
	59	+	(3) "Credit card" (A) means any card, device or instrument that (i) is 31
	60	+	issued, with or without a fee, to a holder, and (ii) may be used by the 32
	61	+	holder in a transaction to receive services or lease, purchase or rent 33
	62	+	tangible or intangible personal, real or mixed property, or any other 34
	63	+	article, commodity or thing of value on credit, regardless of whether 35
	64	+	such card, device or instrument is known as a credit card, credit plate or 36
	65	+	by any other name, and (B) includes, but is not limited to, any software 37
	66	+	application that (i) is used to store a digital form of such card, device or 38
	67	+	instrument, and (ii) may be used in a transaction to receive such services 39
	68	+	or lease, purchase or rent any such property, article, commodity or thing 40
	69	+	on credit. 41
	70	+	(4) (A) "Debit card" (i) means any card, code, device or other means 42
	71	+	of access, or any combination thereof, that (I) is authorized or issued for 43
	72	+	use to debit an asset account held, directly or indirectly, by a financial 44
	73	+	institution, and (II) may be used in a transaction to receive services or 45
	74	+	lease, purchase or rent tangible or intangible personal, real or mixed 46
	75	+	property, or any other article, commodity or thing of value regardless of 47
	76	+	whether such card, code, device, means or combination is known as a 48 Raised Bill No. 6614
	77	+
	78	+
	79	+
	80	+	LCO No. 4036 3 of 5
	81	+
	82	+	debit card, and (ii) includes, but is not limited to, (I) any software 49
	83	+	application that is used to store a digital form of such card, code, device 50
	84	+	or other means of access, or any combination thereof, that may be used 51
	85	+	in a transaction to receive such services or lease, purchase or rent any 52
	86	+	such property, article, commodity or thing, and (II) any cards, codes, 53
	87	+	devices or other means of access, or any combination thereof, commonly 54
	88	+	known as automated teller machine cards and payroll cards. 55
	89	+	(B) "Debit card" does not mean (i) a check, draft or similar paper 56
	90	+	instrument, or (ii) any electronic representation of such check, draft or 57
	91	+	instrument. 58
	92	+	(5) "Person" means any natural person, corporation, incorporated or 59
	93	+	unincorporated association, limited liability company, partnership, 60
	94	+	trust or other legal entity. 61
	95	+	(6) "Surcharge" means any additional charge or fee that increases the 62
	96	+	total amount of a transaction for the privilege of using a particular form 63
	97	+	of payment. 64
	98	+	(7) (A) "Transaction" means distribution by one person to another 65
	99	+	person of any service, or the lease, rental or sale by one person of any 66
	100	+	tangible or intangible personal, real or mixed property, or any other 67
	101	+	article, commodity or thing of value to another person, for a certain 68
	102	+	price. 69
	103	+	(B) "Transaction" does not mean payment of any (i) fees, costs, fines 70
	104	+	or other charges to a state agency authorized by the Secretary of the 71
	105	+	Office of Policy and Management under section 1-1j, (ii) taxes, penalties, 72
	106	+	interest and fees allowed by the Commissioner of Revenue Services in 73
	107	+	accordance with section 12-39r, (iii) taxes, penalties, interest and fees, or 74
	108	+	other charges, to a municipality in accordance with section 12-141a, (iv) 75
	109	+	fees, costs, fines or other charges to the Judicial Branch in accordance 76
	110	+	with section 51-193b, or (v) sum pursuant to any other provision of the 77
	111	+	general statutes or regulation of Connecticut state agencies. 78
	112	+	(b) No person may impose a surcharge on any transaction. 79 Raised Bill No. 6614
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	116	+	LCO No. 4036 4 of 5
	117	+
	118	+	(c) (1) [Nothing] Except as provided in subparagraph (B) of 80
	119	+	subdivision (2) of this subsection, nothing in this section shall prohibit 81
	120	+	any person from offering a discount on any transaction to induce 82
	121	+	payment by cash, check, debit card or similar means rather than by 83
	122	+	charge card or credit card. No person may offer any such discount 84
	123	+	unless such person posts a notice disclosing such discount. Such person 85
	124	+	shall clearly and conspicuously (A) post such notice on such person's 86
	125	+	premises if such person conducts transactions in-person, (B) display 87
	126	+	such notice on the Internet web site or digital payment application 88
	127	+	before completing any online transaction or transaction that is 89
	128	+	processed by way of such digital payment application, and (C) verbally 90
	129	+	provide such notice before completing any oral transaction, including, 91
	130	+	but not limited to, any telephonic transaction. 92
	131	+	(2) [In] (A) Except as provided in subparagraph (B) of this subdivision 93
	132	+	and in furtherance of the legislative findings contained in section 42-94
	133	+	133j, no existing or future agreement or contract shall prohibit a gasoline 95
	134	+	distributor or retailer from offering a discount to a buyer based upon 96
	135	+	the method such buyer uses to pay for such gasoline, [. Any] and any 97
	136	+	provision in such agreement or contract prohibiting such distributor or 98
	137	+	retailer from offering such discount is void and without effect because 99
	138	+	such provision is contrary to public policy. 100
	139	+	(B) No gasoline retailer may offer a discount to a buyer to induce the 101
	140	+	buyer to purchase gasoline with cash unless the gasoline retailer offers 102
	141	+	such discount to a buyer who purchases gasoline with a debit card. 103
	142	+	Sec. 2. Subsection (f) of section 16a-15 of the general statutes is 104
	143	+	repealed and the following is substituted in lieu thereof (Effective October 105
	144	+	1, 2023): 106
	145	+	(f) Each person shall publicly display and maintain on each pump or 107
	146	+	other dispensing device from which any gasoline intended as a fuel for 108
	147	+	motor boats or motor vehicles is sold by such person, such signs as the 109
	148	+	Commissioner of Consumer Protection, by [regulation] regulations 110
	149	+	adopted pursuant to chapter 54, may require to inform the public [of 111 Raised Bill No. 6614
	150	+
	151	+
	152	+
	153	+	LCO No. 4036 5 of 5
	154	+
	155	+	whether] that, if a discount is offered for payment by cash, payment for 112
	156	+	such gasoline by debit card is processed at the [credit card price per 113
	157	+	gallon or the] cash price per gallon. 114
30	158		This act shall take effect as follows and shall amend the following
31	159		sections:
32	160
33		-	Section 1 October 1, 2023 16a-15(f)
	161	+	Section 1 October 1, 2023 42-133ff(a) to (c)
	162	+	Sec. 2 October 1, 2023 16a-15(f)
34	163
35		-	GL Joint Favorable Subst.
	164	+	Statement of Purpose:
	165	+	To: (1) Provide that no gasoline retailer may offer a discount to induce a
	166	+	buyer to purchase gasoline with cash unless such gasoline retailer also
	167	+	offers such discount to a buyer who purchases gasoline with a debit
	168	+	card; and (2) require certain gasoline retailers to publicly display and
	169	+	maintain any signs the Commissioner of Consumer Protection requires
	170	+	to inform the public that, if a discount is offered to a buyer who
	171	+	purchases gasoline with cash, any payment for gasoline by debit card
	172	+	shall be processed at the cash price per gallon.
	173	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	174	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	175	+	underlined.]
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