Third Substitute S.B. 67

Senator Curtis S. Bramble proposes the following substitute bill:

1 CONSUMER PROTECTION REVISIONS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Curtis S. Bramble
5 House Sponsor: Keven J. Stratton
6
7 LONG TITLE
8 General Description:
9 This bill prohibits sellers from imposing a surcharge on a transaction paid for with a
10 financial transaction card.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . prohibits sellers from imposing a surcharge on a transaction for $10,000 or less that
15 is paid for with a financial transaction card;
16 . repeals the provisions in this bill related to financial transaction card surcharges on
17 June 30, 2014, subject to sunset review; and
18 . makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 63I-1-213, as last amended by Laws of Utah 2011, Chapter 15

26 ENACTS:
27 13-38a-101, Utah Code Annotated 1953
28 13-38a-201, Utah Code Annotated 1953
29 13-38a-202, Utah Code Annotated 1953
30 13-38a-301, Utah Code Annotated 1953
31 13-38a-302, Utah Code Annotated 1953
32 RENUMBERS AND AMENDS:
33 13-38a-102, (Renumbered from 13-38-101, as enacted by Laws of Utah 2003, Chapter
34 9)
35 13-38a-203, (Renumbered from 13-38-102, as enacted by Laws of Utah 2003, Chapter
36 9)
37
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 13-38a-101 is enacted to read:
40 CHAPTER 38a. FINANCIAL TRANSACTION CARD PROTECTION ACT
41 Part 1. General Provisions
42 13-38a-101. Title.
43 (1) This chapter is known as the "Financial Transaction Card Protection Act."
44 (2) This part is known as "General Provisions."
45 Section 2. Section 13-38a-102 , which is renumbered from Section 13-38-101 is
46 renumbered and amended to read:
47 [13-38-101]. 13-38a-102. Definitions -- Financial transaction card receipt
48 requirements.
49 [(1)] As used in this chapter:
50 [(a) "Division" means the Division of Consumer Protection in the Department of
51 Commerce.]
52 [(b) (i)] (1) (a) "Financial transaction card" means any card, code, or other means of
53 access to a person's account issued to a person that allows the person to obtain, purchase, or
54 receive any of the following:
55 [(A)] (i) goods;
56 [(B)] (ii) services;

57 [(C)] (iii) money; or
58 [(D)] (iv) anything else of value.
59 [(ii)] (b) "Financial transaction card" includes:
60 [(A)] (i) a credit card;
61 [(B)] (ii) a credit plate;
62 [(C)] (iii) a bank services card;
63 [(D)] (iv) a banking card;
64 [(E)] (v) a check guarantee card;
65 [(F)] (vi) a debit card;
66 [(G)] (vii) a telephone credit card; and
67 [(H)] (viii) a device for access as defined in Section 7-16a-102 .
68 [(c)] (2) "Receipt" means any document related to the transaction of business provided
69 to a person that uses a financial transaction card.
70 [(2) A person that accepts a financial transaction card for the transaction of business
71 may not, on a financial transaction card receipt:]
72 [(a) print more than the last five digits of the financial transaction card account
73 number; or]
74 [(b) print the financial transaction card expiration date.]
75 [(3) (a) This section applies only to receipts that are electronically printed.]
76 [(b) This section does not apply to transactions in which the initial means of recording
77 the financial transaction card number is by:]
78 [(i) handwriting; or]
79 [(ii) an imprint or copy of the financial transaction card.]
80 (3) "Seller" means a person, other than a government entity, that accepts payment by a
81 financial transaction card.
82 (4) "Surcharge" means an additional charge added to a transaction paid for by using a
83 financial transaction card, but not added to a transaction paid for by a means other than a
84 financial transaction card.
85 Section 3. Section 13-38a-201 is enacted to read:
86 Part 2. Financial Transaction Card Receipts
87 13-38a-201. Title.

88 This part is known as "Financial Transaction Card Receipts."
89 Section 4. Section 13-38a-202 is enacted to read:
90 13-38a-202. Limitation on information contained in receipts.
91 (1) A person that accepts a financial transaction card for the transaction of business
92 may not, on a financial transaction card receipt:
93 (a) print more than the last five digits of the financial transaction card account number;
94 or
95 (b) print the financial transaction card expiration date.
96 (2) (a) This section applies only to receipts that are electronically printed.
97 (b) This section does not apply to transactions in which the initial means of recording
98 the financial transaction card number is by:
99 (i) handwriting; or
100 (ii) an imprint or copy of the financial transaction card.
101 Section 5. Section 13-38a-203 , which is renumbered from Section 13-38-102 is
102 renumbered and amended to read:
103 [13-38-102]. 13-38a-203. Private action.
104 (1) A person may bring an action in any state court of competent jurisdiction against a
105 person that violates any of the requirements of this chapter.
106 (2) In an action under Subsection (1), a person may:
107 (a) recover the amount of any actual damages caused by the violation of this chapter;
108 (b) recover court costs and reasonable attorney fees as determined by the court; and
109 (c) seek to enjoin conduct in violation of this chapter.
110 Section 6. Section 13-38a-301 is enacted to read:
111 Part 3. Financial Transaction Card Surcharges
112 13-38a-301. Title.
113 This part is known as "Financial Transaction Card Surcharges."
114 Section 7. Section 13-38a-302 is enacted to read:
115 13-38a-302. Financial transaction card surcharges prohibited.
116 (1) A seller may not impose a surcharge on a transaction for $10,000 or less that is paid
117 for by using a financial transaction card.
118 (2) A seller may offer a discount on a transaction that is paid for by means other than a

119 financial transaction card.
120 Section 8. Section 63I-1-213 is amended to read:
121 63I-1-213. Repeal dates, Title 13.
122 (1) Subsections 13-38a-102 (3) and 13-38a-102 (4) are repealed June 30, 2014.
123 (2) Sections 13-38a-301 and 13-38a-302 are repealed June 30, 2014.
124 (3) Title 13, Chapter 16, Motor Fuel Marketing Act, is repealed July 1, 2012.

[Bill Documents]