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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 58th Legislature (2021)
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32	32	HOUSE BILL 2181 By: Johns
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38	38	AS INTRODUCED
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40	40	An Act relating to revenue and taxation; defining
41	41	terms; requiring calculation for credit and debit
42	42	card service fees to exclude state and local taxes;
43	43	providing process for collection of service fee s by
44	44	payment card network ; creating civil penalty for
45	45	violation; providing for codification; and providing
46	46	an effective date.
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51	51	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
52	52	SECTION 1. NEW LAW A new section of law to be codified
53	53	in the Oklahoma Statutes as Section 296 of Title 68, unless there is
54	54	created a duplication in numbering, reads as follows:
55	55	A. For purposes of this section:
56	56	1. "Credit card" means any card, plate, coupon book, or other
57	57	credit device existing for the purpose of obtaining money, property,
58	58	labor, or services on credit;
59	59	2. "Debit card" shall:
60	60	a. mean any card, or other payment code or device, issued
61	61	or approved for use through a paymen t card network to
62	62	debit an asset account, regardless of the purpose for
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89	89	which the account is established, whether
90	90	authorization is based on signature, personal
91	91	identification number, or other means,
92	92	b. include a general-use prepaid card, as defined in 15
93	93	U.S.C., Section 1693l-1(a)(2)(A), and
94	94	c. not include paper checks;
95	95	3. "Electronic payment transaction " means a transaction in
96	96	which a person uses a debit card, credit card, or other payment code
97	97	or device, issued or approved through a payment card network to
98	98	debit a deposit account or use a line of credit, whether
99	99	authorization is based on a signature, personal identification
100	100	number, or other means;
101	101	4. "Interchange fee" means a fee established, charged, or
102	102	received by a payment card network for the purpose of compensating
103	103	the issuer for its involvement in an electronic payment transaction;
104	104	5. "Issuer" means a person issuing a debit card or credit card,
105	105	or the issuer's agent;
106	106	6. "Payment card network " means an entity that:
107	107	a. directly, or through licensed members, processors, or
108	108	agents, provides the proprietary services,
109	109	infrastructure, and software that routes information
110	110	and data to conduct debit card or credit card
111	111	transaction authoriza tion, clearance, and settlement,
112	112	and
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139	139	b. a merchant or seller uses in order to accept as a form
140	140	of payment a brand of debit card, credit card, or
141	141	other device that may be used to carry out d ebit or
142	142	credit transactions;
143	143	7. "Service fee" means a fee established, charged, or received
144	144	by a payment card network for the purpose o f compensating the issuer
145	145	for its involvement in an electronic payment transaction; and
146	146	8. "Settlement" means the transfer of funds from a customer 's
147	147	account to a seller or merchant upon electronic submission of
148	148	finalized sales transactions to the payment card network.
149	149	B. The amount of any state or local tax or fee that is
150	150	calculated as a percentage of an electronic payment transaction
151	151	amount and listed separately on the payment invoice or other demand
152	152	for payment, or the amount of any taxes imposed under Title 68 of
153	153	the Oklahoma Statutes , must be excluded from the amount on which a
154	154	service fee is charged for that electronic payment transaction.
155	155	C. It shall be unlawful to alter or manipulate the computation
156	156	and imposition of interchange fees by increasing the rate or amount
157	157	of fee applicable to or imposed upon that portion of an electronic
158	158	payment transaction not attributable to a state or local tax or fee
159	159	to circumvent the effect of subsection B of this section.
160	160	D. A payment card network shall either ded uct the amount of any
161	161	tax or fee imposed as described in subsection B of this section from
162	162	the calculation of interchange fees specific to each form or type of
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189	189	electronic payment transaction at the time of settlement or shall
190	190	rebate an amount of interchang e fee proportionate to the amount
191	191	attributable to the tax or fee. The deduction or rebate shall occur
192	192	at the time of settlement when the merchant or seller is able to
193	193	capture and transmit tax or fee amounts relevant to the sale at the
194	194	time of sale as part of the transaction finalization. If the
195	195	merchant or seller is unable to capture and transmit tax or fee
196	196	amounts relevant to the sale at the time of sale, the payment card
197	197	network shall accept proof of tax or fee amounts collected on sales
198	198	subject to an interchange fee upon the submission of sales data by
199	199	the seller or merchant and shall promptly credit the merchant 's or
200	200	seller's settlement account.
201	201	E. A payment card network that violates this section is subject
202	202	to a civil penalty of not more than O ne Thousand Dollars ($1,000.00)
203	203	per violation, payable to the plaintiff, and shall refund the
204	204	surcharge to each merchant or seller.
205	205	F. This section is effective November 1, 2021, and shall apply
206	206	to electronic payment transactions processed on or after that dat e.
207	207	SECTION 2. This act shall become effective November 1, 2021.
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209	209	58-1-6410 AQH 01/15/21

Oklahoma 2022 Regular Session

Oklahoma House Bill HB2181 Compare Versions