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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 4351 By: Hill
COMMITTEE SUBSTITUTE
An Act relating to the Uniform Consumer Credit Code ;
defining terms; allowing surcharges in certain
transactions; limiting surcharge amount; requiring
certain disclosures; limiting application of
surcharge in a single transaction; prohibiting
surcharges in certain transactions; creating
liability for violation ; repealing 14A O.S. 2021,
Section 2-417, which prohibits surcharges; amending
14A O.S. 2021, Section 2 -211, which relates to
discounts; deleting surc harge prohibition; providing
for codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE S TATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sect ion 2-418 of Title 14A, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
1. "Debit card" means any instrument or device, whether known
as a debit card or by any other name, issued with or without fee by
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an issuer for the use of the cardholder in depositing, obtaining , or
transferring funds from a consumer banking electronic facili ty;
2. "Charge card" includes cards on which unpaid balances are
payable on demand;
3. "Surcharge" means any additional amount imposed at the time
of the sales or lease transaction by the seller or lessor that
increases the charge to the buyer or lessee for the privilege of
using a credit or charge card.
B. In accordance with this section, a seller or lessor in any
sales or lease transaction may impose a surcharge on a buyer or
lessee who elects to use a credit card or charge card in lieu of
payment by cash, check, or similar means.
C. A seller or lessor doing business in Oklahoma may impose a
surcharge of an amount not to exceed two percent (2%) of the total
cost to the buyer or lessee for the sales or lease transaction.
Such seller or lessor that impo ses a surcharge on credit cards or
charge cards shall post signage at the seller 's or lessor's premises
in a manner that is visible to customers or, for a sales or lease
transaction made online, display before an online customer 's
completion of the sales o r lease transaction in a manner that is
visible to the online customer, the following language:
"TO COVER THE COST OF PROCESSING A CREDIT OR CHARGE CARD
TRANSACTION, AND PURSUANT TO S ECTION 2-418 OF TITLE 14A OF THE
OKLAHOMA STATUTES, A SELLER OR LESSOR MA Y IMPOSE A PROCESSING
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SURCHARGE IN AN AMOUNT NOT TO EXCEED TWO PERCENT (2%) OF THE TOTAL
PAYMENT MADE FOR GOODS OR SERVICES PURCHASED OR LEASED BY USE OF A
CREDIT OR CHARGE CARD. A SELLER OR LESSOR MAY NOT IMPOSE A
PROCESSING SURCHARGE ON PAYMENTS MADE BY USE OF CASH, CHECK, OR
DEBIT CARD OR REDEMPTION OF A GIFT CARD. ";
The processor or service provider may provide the seller or
lessor with the means to make the disclosure required by this
subsection.
D. For any goods or services purchased or leased thro ugh
payment by credit card or charge card, the seller, l essor,
processor, or service provider shall provide the surcharge amount
imposed as a separate line item on the customer 's receipt.
E. A seller or lessor may impose only a single credit card or
charge card surcharge per sales or lease transaction.
F. A seller or lessor shall not impose a surcharge if a
customer elects to pay for goods or services by:
1. Using cash or check;
2. Using a debit card, whether or not a personal identification
number is used;
3. Processing a payment as a debit payment; or
4. Redeeming a gift card.
G. A seller or lessor who violates this section violates the
Uniform Consumer Credit Code and is subject to liability under the
Code.
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SECTION 2. REPEALER 14A O.S. 2021, Section 2-417, is
hereby repealed.
SECTION 3. AMENDATORY 14 A O.S. 2021, Section 2 -211, is
amended to read as follows:
Section 2-211. A. With respect to all sales transactions, a
discount which a seller offers, allows or otherwise makes available
for the purpose of inducing payment by cash, check or similar means
rather than by use of an open-end credit card account shall not
constitute a credit service charge as determined under Section 2 -109
of this title if the discount is offered to all prospective buyers
clearly and conspicuously in accordance with regulations of the
Administrator of Consumer Affairs. No seller in any sales
transaction may impose a surcharge on a cardholder who elects an
open-end credit card or debit card account instead of paying by
cash, check or similar means. There is no limit on the discount
which may be offered by the seller. A seller who provides a
discount otherwise than in accordance with the regulations of the
Administrator must m ake the disclosures required by those
regulations.
B. A seller who is registered with the United States Treasury
Department as a money transmitter pursuant to 31 CFR, Section
103.41, and who provides an electronic funds transmission service,
including service by telephone and the Internet, may charge a
different price for a funds transmission service based on the mode
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of transmission used in the transaction without violating this
section so long as the price charged for a service paid for with an
open-end credit card or debit card account is not greater than the
price charged for such service if paid for with currency or other
similar means accepted within the same mode of transmission.
C. Any seller subject to the provisions of subsection B of this
section shall either conduct business at a location in this state or
comply with the provisions of Section 1022 of Title 18 of the
Oklahoma Statutes.
D. As used in this section, "debit card" means any instrument
or device, whether known as a debit card or by an y other name,
issued with or without fee by an issuer for the use of the
cardholder in depositing, obtaining or transferring funds from a
consumer banking electronic facility.
E. For purposes of this section, a private educational
institution as defined i n paragraph (e) of Section 3102 of Title 70
of the Oklahoma Statutes, a private school defined as a nonpublic
entity conducting an educational program for at least one grade
between prekindergarten through twelve, a municipality as defined in
paragraph 5 of Section 1-102 of Title 11 of the Oklahoma Statutes or
a public trust with a municipality as its beneficiary may charge a
service fee. The service fee shall be limited to bank processing
fees and financial transaction fees, the cost of providing for
secure transaction, portal fees, and fees necessary to compensate
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for increased bandwidth incurred as a result of providing for a n
online transaction.
SECTION 4. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON BANKING, FINANCIAL SERVICES AND
PENSIONS, dated 02/28/2022 - DO PASS, As Amended.