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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 351 By: Frix
AS INTRODUCED
An Act relating to credit sales; amending 14A O.S.
2021, Sections 2-211 and 2-417, which relate to
discounts and surcharges for certain tra nsactions;
prohibiting sellers from imposing a surcharge on
certain transactions; defining term; updating
statutory language; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 14A 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, ch eck, or similar means
rather than by use of an open -end credit card account or debit 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 Credit. No
seller in any sales transaction may shall impose a surcharge on a
cardholder who elects an open -end credit card or debit card account
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instead of paying by cas h, 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 shall make the disclosures
required by those re gulations.
B. A seller who is registered with the United States Treasury
Department of the Treasury as a money transmitter pursuant to 31 CFR
C.F.R., 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 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 de bit card account
is not greater than the price charged for such service if pai d 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 co nduct 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:
1. “Debit card” means any instrument or device, whether known
as a debit card or by any oth er 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 facility ; and
2. “Surcharge” means any means of increasing the regular price
to a cardholder, which is not imposed upon customers paying by cash,
check, or similar means .
E. For purposes of this section, a private educational
institution as defined in 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
for increased bandwidth incurred as a result of providing for an
online transaction.
SECTION 2. AMENDATORY 14A O.S. 2021, Section 2 -417, is
amended to read as follows:
Section 2-417. A. No seller in any sales transaction may shall
impose a surcharge on a cardholde r who elects to use a credit card
or debit card in lieu of payment by cash, check , or similar means.
B. As used in this section , “debit:
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1. “Debit card” means any instrument or device, whether known
as a debit card or by any other name, issued with or wi thout fee by
an issuer for the use of the cardholder in depositing, obtaining , or
transferring funds from a consumer banking electronic facility ; and
2. “Surcharge” means any means of increasing the regular price
to a cardholder, which is not imposed upon customers paying by cash,
check, or similar means .
C. For purposes of this section, a private educational
institution as defined in 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 thro ugh 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 may be applied to online or in -person
transactions and shall be used to offset bank processing fees,
financial transaction fees, the cost of providing for secure
transaction, portal fees, and fees necessary to compensate for
increased bandwidth incurred as a result of providing the
transaction.
SECTION 3. This act shall become effective November 1, 2025.
60-1-380 MR 1/3/2025 1:24:52 PM