H.B. 330

1

CREDIT CARD SURCHARGE AMENDMENTS
2 2014 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kraig Powell
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Financial Transaction Card Protection Act.
10 Highlighted Provisions:
11 This bill:
12 . repeals sections that prohibit a seller from imposing a surcharge on a transaction for
13 $10,000 or less that is paid for by using a credit card; and
14 . makes technical and conforming changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 13-38a-102 , as renumbered and amended by Laws of Utah 2013, Chapter 421
22 63I-1-213 , as last amended by Laws of Utah 2013, Chapters 278 and 421
23 REPEALS:
24 13-38a-301 , as enacted by Laws of Utah 2013, Chapter 421
25 13-38a-302 , as enacted by Laws of Utah 2013, Chapter 421
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 13-38a-102 is amended to read:
29 13-38a-102. Definitions.
30 As used in this chapter:
31 (1) (a) "Financial transaction card" means any card, code, or other means of access to a
32 person's account issued to a person that allows the person to obtain, purchase, or receive any of
33 the following:
34 (i) goods;
35 (ii) services;
36 (iii) money; or
37 (iv) anything else of value.
38 (b) "Financial transaction card" includes:
39 (i) a credit card;
40 (ii) a credit plate;
41 (iii) a bank services card;
42 (iv) a banking card;
43 (v) a check guarantee card;
44 (vi) a debit card;
45 (vii) a telephone credit card; and
46 (viii) a device for access as defined in Section 7-16a-102 .
47 (2) "Receipt" means any document related to the transaction of business provided to a
48 person that uses a financial transaction card.
49 [(3) (a) "Seller" means a person that accepts payment by a financial transaction card.]
50 [(b) "Seller" does not include:]
51 [(i) a government entity; or]
52 [(ii) a person acting on behalf of a government entity.]
53 [(4) (a) "Surcharge" means an additional charge added to a transaction paid for by
54 using a credit card, but not added to a transaction paid for by a means other than a credit card.]
55 [(b) "Surcharge" does not include:]
56 [(i) an exclusion from a discount that is offered on transactions paid for by means other
57 than a credit card;]
58 [(ii) a fee charged by a credit card company for use of a credit card; or]

59 [(iii) a fee authorized under Section 7-16a-202 .]
60 Section 2. Section 63I-1-213 is amended to read:
61 63I-1-213. Repeal dates, Title 13.
62 [(1) Subsections 13-38a-102 (3) and 13-38a-102 (4) are repealed June 30, 2014.]
63 [(2) Sections 13-38a-301 and 13-38a-302 are repealed June 30, 2014.]
64 Section 3. Repealer.
65 This bill repeals:
66 Section 13-38a-301 , Title.
67 Section 13-38a-302 , Credit card surcharges prohibited.




Legislative Review Note
as of 9-10-13 6:36 AM

Office of Legislative Research and General Counsel