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ENGROSSED SENATE
BILL NO. 351 By: Frix of the Senate
and
Hays of the House
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 transactions;
requiring certain ac tions from sellers when imposing
a surcharge on certain transactions; modifying
definitions; 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, check , 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
There shall not be a limit on the discount that may be offered by
the seller. Pursuant to the regulations of the Administrator, a
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seller who provides a discount not in ac cordance with regulations
shall disclose such information to the Administrator.
B. A seller in any sales transaction may pass on the processing
fee or impose a surcharge on a cardholder who elects to pay using 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 make the disclosures r equired by those
regulations If a seller elects to pass on the credit card or debit
card processing fee, or impose a surcharge for the use of an open -
end credit card or debit card account, the charged amount shall:
1. Be listed as separate line items in t he cardholder’s
receipt; and
2. Not exceed the total of the 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 provi ding the transaction .
B. C. 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 servic e 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
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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. D. Any seller subject to the provisions of subsection B C 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. E. As used in this section , “debit:
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
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 or
advertised 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
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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, Sectio n 2-417, is
amended to read as follows:
Section 2-417. A. No seller in any sales transaction may
impose a surcharge on a cardholder who elects to use a credit card
or debit card in lieu of payment by cash, check or similar means A
seller in any sales transaction may pass on the processing fee or
impose a surcharge on a cardholder who elects to pay using an open-
end credit card or debit card account instead of paying by cash,
check, or similar means. If a seller elects to pass on the credit
card or debit card processing fee, or impose a surcharge for the use
of an open-end credit card or debit card accoun t, the charged amount
shall:
1. Be listed as a separate line item on the cardholder’s
receipt; and
2. Not exceed the total of the bank processing fees, financial
transaction fees, the cost of providing for secure transaction,
portal fees, and fees necess ary to compensate for increased
bandwidth incurred as a result of providing the transaction .
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 without fe e 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 or
advertised price to a cardholder, which is not impose d 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 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 char ge 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.
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Passed the Senate the 13th day of March, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2025.
Presiding Officer of the House
of Representatives