Struck = removed from the bill ·
added = the amendment's new text.
SCASB254 2810 733 SENATE COMMITTEE AMENDMENTS Regular Session ENROLLEDAmendments SENATEproposed BILLby NO.Senate Committee on Commerce, Consumer Protection and International Affairs to Original Senate Bill No.
254 BYby SENATORSenator MIZELLMizell ANAMENDMENT ACTNO. To enact Chapter 52 of Title 51 of the Louisiana Revised Statutes of 1950, to be comprised ofR.S.51:3081and3082,relativetodebitcardsurcharges;toprohibitcertainexcess surcharges;toprovideforliability;toprovideforaprivaterightofaction;toprovide forreportingrequirements;toprovideforenforcement;toprovideforcivilpenalties;
and1 toOn providepage for1, relatedline matters.2, delete "R.S.
Be9:318.5 itand enacted3518.6" byand insert "Chapter52 of Title 51 of the LegislatureLouisiana Revised Statutes of Louisiana:1950, to be comprised of R.S.
Section51:3081 1.and 3082" AMENDMENT NO.
2 On page 1, line 3, after "to provide" and before "reporting" insert "for" AMENDMENT NO.
3 On page 1, delete line 7, and insert "Section 1.
51:3081 and 3082,3082 is herebyherebyenacted enacted to read as follows:follows:" AMENDMENT NO.
CHAPTER4 52.On page 1, delete lines 8 and 9, and insert the following:
DEBIT" CARDCHAPTER SURCHARGE52. §3081.
DebitDEBIT cardCARD surcharge;SURCHARGE §3081.Debitcardsurcharge;prohibitingcertainexcessfees;liability;reporting" AMENDMENT NO.
prohibiting5 certainOn excesspage fees;2, delete line 10, and insert "§3082.
liability;
definitions A.
As used in this Chapter:
(1)"Cardholder" means thepersonnamedonthefaceofadebitcardto whomorforwhosebenefitthedebitcardisissuedbyanissuerandincludesany employee or other agent or authorized user of the card.
(2)"Debitcard"meansacardorotherpaymentdevicethatdebitsfunds directly from a cardholder's deposit account.
(3) "Retail business" means any person or entity engaged in the sale of goods or services.
(4)"Surcharge" means anyadditional amount of moneyimposed atthe time of the transaction by a retail business that increases the charge to the cardholder for the privilege of using a debit card.
B.
In a sale of goods or services, a retail business shall not impose a surcharge on a cardholder who uses a debit card instead of cash, check, credit card, or any other similar means of payment.
C.(1)AretailbusinessthatviolatestheprovisionsofthisSectionshallbe Page 1 of 3 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
254 ENROLLED liabletothecardholderforactualdamagesincurredasaresultoftheviolation.
(2)Priortofilingacivilaction,acardholdershallprovidewrittennotice of the alleged violation to the retail business.
If the retail business cures the violation and reimburses the cardholder for any surcharge assessed within thirty days after receipt of written notice, no private right of action shall arise from the alleged violation.
(3) A private right of action pursuant to this Section shall apply only to willfulviolations,repeatedviolations,orviolationsthatarenotcuredwithinthe time period provided in Paragraph (2) of this Subsection.
(4) Nothing in this Section shall limit the authority of the attorney general to enforce the provisions of this Chapter pursuant to R.S.
51:3082.
§3082.
penalties;penalties" AMENDMENT NO.
reporting6 A.(1)On Thepage attorney2, generaldelete maylines bring11through a29, civiland actioninsert: against a retail business that violates the provisions of this Chapter.
(2)"A.(1) IfThe aattorney courtgeneral ofmay competentbring jurisdictiona grantscivil judgmentaction oragainst injunctivea reliefretail tobusiness thethat attorneyviolates general, the courtprovisions shallof awardthis theChapter. attorney general reasonable attorney fees, court costs, and investigative costs.
(3)AMENDMENT ANO. person who violates an administrative order or court order issued fora violation of this Section shall be subjecttoacivil penalty of notmorethan five hundred dollars for each violation.
A7 civilOn penaltypage may3, bedelete imposedlines in1 anyand civil2. action brought by the attorney general.
(4)AMENDMENT AllNO. monies received from the payment of a fine or civil penalty imposed and collected pursuant to the provisions of this Section shall be used by the attorney general to promote consumer protection and education.
B.Theattorneygeneralshallestablishandmaintainatoll-freetelephone8 numberOn andpage an3, electronicline reporting3, systemchange for"(4)" cardholders to report"(2)" anAMENDMENT unlawfulNO. surcharge on a debit card.
C.9 On page 3, line 6, change "(5)" to "(3)" AMENDMENT NO.
Any10 cardholderOn whopage is3, assessedline a10, surchargechange in"(6)" violation of this Chapter for the use of a debit card may submit a complaint to the"(3)" attorneyAMENDMENT generalthroughthetoll-freenumberorelectronicreportingsystemestablishedNO. Page 2 of 3 Coding:
Words11 whichOn arepage struck3, throughline are13, deletionschange from"D." existingto law;"B." Page 1 of 2 SCASB254 2810 733 AMENDMENT NO.
words12 inOn boldfacepage type3, andline underscored14, arechange additions."consumer" to "cardholders" AMENDMENT NO.
SB13 On page 3, line 16, change "E." to "C." and change "consumer" to "cardholder" and at the end of the line delete "R.S." AMENDMENT NO.
25414 ENROLLEDOn pursuantpage to3, Subsectionline B17, ofchange this"9:3518.5" Section.to "R.S.
The51:3081" complaintAMENDMENT shallNO. include all of the following information:
(1)15 TheOn namepage 3, line 19, after "include" and addressbefore of"the" theinsert retail"all business.of" Page 2 of 2
(2) The date and amount of the transaction.
(3) The amount of the surcharge imposed.
(4) Any receipt, invoice, or other documentation evidencing the surcharge.
PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.