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2 | 2 | | |
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3 | 3 | | LCO No. 4523 1 of 3 |
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4 | 4 | | |
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5 | 5 | | General Assembly Raised Bill No. 1460 |
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6 | 6 | | January Session, 2025 |
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7 | 7 | | LCO No. 4523 |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | Referred to Committee on FINANCE, REVENUE AND |
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11 | 11 | | BONDING |
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12 | 12 | | |
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13 | 13 | | |
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14 | 14 | | Introduced by: |
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15 | 15 | | (FIN) |
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17 | 17 | | |
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19 | 19 | | |
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20 | 20 | | AN ACT CONCERNING INTERCHANGE FEES ON ELECTRONIC |
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21 | 21 | | PAYMENT TRANSACTIONS. |
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22 | 22 | | Be it enacted by the Senate and House of Representatives in General |
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23 | 23 | | Assembly convened: |
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24 | 24 | | |
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25 | 25 | | Section 1. (NEW) (Effective October 1, 2026, and applicable to sales 1 |
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26 | 26 | | occurring on or after October 1, 2026) (a) As used in this section: 2 |
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27 | 27 | | (1) "Credit card" has the same meaning as provided in section 53a-3 |
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28 | 28 | | 128a of the general statutes; 4 |
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29 | 29 | | (2) "Debit card" means any card, code, device or other means of 5 |
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30 | 30 | | access, or any combination thereof, that is issued or authorized for use 6 |
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31 | 31 | | to debit an asset account held directly or indirectly by a financial 7 |
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32 | 32 | | institution and that may be used by the cardholder to obtain money, 8 |
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33 | 33 | | goods, services or anything else of value, regardless of whether the card, 9 |
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34 | 34 | | code, device or other means of access, or any combination thereof, is 10 |
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35 | 35 | | known as a debit card. "Debit card" includes a general-use prepaid card, 11 |
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36 | 36 | | as defined in 15 USC 1693l-1, as amended from time to time; 12 |
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37 | 37 | | (3) "Electronic payment transaction" means a transaction in which a 13 |
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38 | 38 | | Raised Bill No. 1460 |
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39 | 39 | | |
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40 | 40 | | |
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41 | 41 | | |
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42 | 42 | | LCO No. 4523 2 of 3 |
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43 | 43 | | |
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44 | 44 | | purchaser uses a payment card or other payment code or device issued 14 |
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45 | 45 | | or approved through a payment card network to debit an asset account 15 |
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46 | 46 | | or use a line of credit, whether authorization is based on a signature, 16 |
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47 | 47 | | personal identification number or other means; 17 |
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48 | 48 | | (4) "Interchange fee" means a fee charged to a retailer, as defined in 18 |
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49 | 49 | | section 12-407 of the general statutes, for the purpose of compensating 19 |
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50 | 50 | | the financial institution or other entity that issued the payment card for 20 |
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51 | 51 | | such institution's or entity's involvement in the electronic payment 21 |
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52 | 52 | | transaction; 22 |
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53 | 53 | | (5) "Payment card" means a credit card, debit card or other card, code, 23 |
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54 | 54 | | device or other means of access that is issued to an authorized user to 24 |
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55 | 55 | | obtain money, goods, services or anything else of value; 25 |
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56 | 56 | | (6) "Payment card network" means an entity that (A) directly or 26 |
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57 | 57 | | through licensed members, processors or agents provides the 27 |
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58 | 58 | | proprietary services, infrastructure and software that routes 28 |
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59 | 59 | | information and data to conduct payment card transaction 29 |
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60 | 60 | | authorizations, clearance and settlements, and (B) is used by a retailer 30 |
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61 | 61 | | to accept as a form of payment a brand of payment card that may be 31 |
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62 | 62 | | used to carry out electronic payment transactions; and 32 |
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63 | 63 | | (7) "Settlement" means the transfer of funds from a purchaser's 33 |
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64 | 64 | | account to a retailer upon electronic submission of finalized sales 34 |
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65 | 65 | | transactions to the payment card network. 35 |
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66 | 66 | | (b) (1) Each payment card network shall exclude from the amount on 36 |
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67 | 67 | | which an interchange fee is charged the amount of tax imposed under 37 |
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68 | 68 | | chapter 219 of the general statutes on a transaction that is an electronic 38 |
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69 | 69 | | payment transaction. 39 |
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70 | 70 | | (2) Each payment card network shall (A) deduct the amount of such 40 |
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71 | 71 | | tax from the calculation of interchange fees specific to each electronic 41 |
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72 | 72 | | payment transaction at the time of settlement, or (B) rebate an amount 42 |
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73 | 73 | | of interchange fee proportionate to the amount attributable to such tax. 43 |
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74 | 74 | | Raised Bill No. 1460 |
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76 | 76 | | |
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77 | 77 | | |
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78 | 78 | | LCO No. 4523 3 of 3 |
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79 | 79 | | |
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80 | 80 | | If the retailer is able to capture and transmit the amount of tax relevant 44 |
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81 | 81 | | to the sale at the time of sale as part of the transaction finalization, such 45 |
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82 | 82 | | deduction or rebate shall occur at the time of settlement. If the retailer is 46 |
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83 | 83 | | unable to capture and transmit such information at the time of sale, the 47 |
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84 | 84 | | retailer may submit to the payment card network, and the payment card 48 |
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85 | 85 | | network shall accept as proof, sales data showing the amount of such 49 |
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86 | 86 | | tax collected on sales subject to an interchange fee, and the payment card 50 |
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87 | 87 | | network shall promptly credit the retailer's settlement account. 51 |
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88 | 88 | | (c) If a payment card network violates any provision of this section, 52 |
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89 | 89 | | the Attorney General may bring an action against such payment card 53 |
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90 | 90 | | network in the superior court for the judicial district of Hartford, 54 |
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91 | 91 | | seeking (1) imposition and recovery of a civil penalty of not more than 55 |
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92 | 92 | | one thousand dollars for each violation, and (2) a refund to retailers of 56 |
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93 | 93 | | the amount of any interchange fees imposed in violation of this section. 57 |
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94 | 94 | | This act shall take effect as follows and shall amend the following |
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95 | 95 | | sections: |
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96 | 96 | | |
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97 | 97 | | Section 1 October 1, 2026, and |
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98 | 98 | | applicable to sales |
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99 | 99 | | occurring on or after |
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100 | 100 | | October 1, 2026 |
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101 | 101 | | New section |
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102 | 102 | | |
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103 | 103 | | Statement of Purpose: |
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104 | 104 | | To prohibit payment card networks from including sales and use taxes |
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105 | 105 | | in the amount on which interchange fees are imposed. |
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106 | 106 | | |
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107 | 107 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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108 | 108 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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109 | 109 | | underlined.] |
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110 | 110 | | |
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