Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 351 By: Frix
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6 AS INTRODUCED
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7 An Act relating to credit sales; amending 14A O.S.
7 2021, Sections 2-211 and 2-417, which relate to
8 discounts and surcharges for certain transactions;
8 prohibiting sellers from imposing a surcharge on
9 certain transactions; defining term; updating
9 statutory language; and providing an effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 14A O.S. 2021, Section 2-211, is
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14 amended to read as follows:
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15 Section 2-211. A. With respect to all sales transactions, a
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16 discount which a seller offers, allows, or otherwise makes available
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17 for the purpose of inducing payment by cash, check, or similar means
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18 rather than by use of an open-end credit card account or debit card
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19 account shall not constitute a credit service charge as determined
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20 under Section 2-109 of this title if the discount is offered to all
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21 prospective buyers clearly and conspicuously in accordance with
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22 regulations of the Administrator of Consumer Affairs Credit. No
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23 seller in any sales transaction may shall impose a surcharge on a
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24 cardholder who elects an open-end credit card or debit card account
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Req. No. 380 Page 1
1 instead of paying by cash, check, or similar means. There is no
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2 limit on the discount which may be offered by the seller. A seller
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3 who provides a discount otherwise than in accordance with the
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4 regulations of the Administrator must shall make the disclosures
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5 required by those regulations.
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6 B. A seller who is registered with the United States Treasury
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7 Department of the Treasury as a money transmitter pursuant to 31 CFR
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8 C.F.R., Section 103.41, and who provides an electronic funds
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9 transmission service, including service by telephone and the
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10 Internet, may charge a different price for a funds transmission
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11 service based on the mode of transmission used in the transaction
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12 without violating this section so long as the price charged for a
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13 service paid for with an open-end credit card or debit card account
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14 is not greater than the price charged for such service if paid for
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15 with currency or other similar means accepted within the same mode
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16 of transmission.
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17 C. Any seller subject to the provisions of subsection B of this
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18 section shall either conduct business at a location in this state or
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19 comply with the provisions of Section 1022 of Title 18 of the
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20 Oklahoma Statutes.
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21 D. As used in this section, "debit:
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22 1. "Debit card" means any instrument or device, whether known
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23 as a debit card or by any other name, issued with or without fee by
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1 an issuer for the use of the cardholder in depositing, obtaining, or
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2 transferring funds from a consumer banking electronic facility; and
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3 2. "Surcharge" means any means of increasing the regular price
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4 to a cardholder, which is not imposed upon customers paying by cash,
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5 check, or similar means.
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6 E. For purposes of this section, a private educational
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7 institution as defined in paragraph (e) of Section 3102 of Title 70
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8 of the Oklahoma Statutes, a private school defined as a nonpublic
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9 entity conducting an educational program for at least one grade
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10 between prekindergarten through twelve, a municipality as defined in
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11 paragraph 5 of Section 1-102 of Title 11 of the Oklahoma Statutes or
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12 a public trust with a municipality as its beneficiary may charge a
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13 service fee. The service fee shall be limited to bank processing
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14 fees and financial transaction fees, the cost of providing for
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15 secure transaction, portal fees, and fees necessary to compensate
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16 for increased bandwidth incurred as a result of providing for an
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17 online transaction.
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18 SECTION 2. AMENDATORY 14A O.S. 2021, Section 2-417, is
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19 amended to read as follows:
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20 Section 2-417. A. No seller in any sales transaction may shall
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21 impose a surcharge on a cardholder who elects to use a credit card
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22 or debit card in lieu of payment by cash, check, or similar means.
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23 B. As used in this section, "debit:
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1 1. "Debit card" means any instrument or device, whether known
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2 as a debit card or by any other name, issued with or without fee by
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3 an issuer for the use of the cardholder in depositing, obtaining, or
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4 transferring funds from a consumer banking electronic facility; and
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5 2. "Surcharge" means any means of increasing the regular price
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6 to a cardholder, which is not imposed upon customers paying by cash,
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7 check, or similar means.
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8 C. For purposes of this section, a private educational
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9 institution as defined in paragraph (e) of Section 3102 of Title 70
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10 of the Oklahoma Statutes, a private school defined as a nonpublic
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11 entity conducting an educational program for at least one grade
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12 between prekindergarten through twelve, a municipality as defined in
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13 paragraph 5 of Section 1-102 of Title 11 of the Oklahoma Statutes or
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14 a public trust with a municipality as its beneficiary may charge a
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15 service fee. The service fee may be applied to online or in-person
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16 transactions and shall be used to offset bank processing fees,
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17 financial transaction fees, the cost of providing for secure
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18 transaction, portal fees, and fees necessary to compensate for
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19 increased bandwidth incurred as a result of providing the
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20 transaction.
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21 SECTION 3. This act shall become effective November 1, 2025.
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23 60-1-380 MR 2/19/2025 10:00:09 AM
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Req. No. 380 Page 4Every fact on this page links to its source, starting with the official bill record.