Vermont S 316: An act relating to execution of wills during an emergency

Bill Text

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VT LEG #386001 v.1
S.316 1
Introduced by Senators Perchlik, Gulick, Major, Plunkett and Watson 2
Referred to Committee on 3
Date: 4
Subject: Commerce and trade; consumer protection 5
Statement of purpose of bill as introduced: This bill proposes to prohibit credit 6
card fees on the portion of a transaction attributable to a tax or gratuity. 7
An act relating to credit card fees 8
It is hereby enacted by the General Assembly of the State of Vermont: 9
Sec. 1. 9 V.S.A. chapter 63, subchapter 4A is added to read: 10
Subchapter 4A. Credit Card Fees on Taxes and Gratuities 11
§ 2480s. PROHIBITON ON FEES 12
(a) Definitions. As used in this subchapter: 13
(1) “Electronic payment transaction” or “transaction” means a 14
transaction in which a person uses a debit card, credit card, or other payment 15
code or device issued or approved through a payment card network to debit a 16
deposit account or use a line of credit, whether authorization is based on a 17
signature, a personal identification number, or other means. 18

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(2) “Gratuity” means: 1
(A) a voluntary monetary contribution received by a merchant from a 2
guest, patron, or customer for services rendered; and 3
(B) an automatic service fee received by a merchant from a guest, 4
patron, or customer for services rendered that is intended to replace the need 5
for a voluntary monetary contribution pursuant to subdivision (A) of this 6
subdivision (2). 7
(3) “Interchange fee” means a fee established, charged, or received by a 8
payment card network for the purpose of compensating the issuer for its 9
involvement in an electronic payment transaction. 10
(4) “Issuer” means a person that issues a debit card or a credit card. 11
(5) “Merchant” means a person that collects and remits a tax. 12
(6) “Payment card network” means an entity that: 13
(A) directly or through licensed members, processors, or agents, 14
provides the proprietary services, infrastructure, and software that route 15
information and data to facilitate transaction authorization, clearance, and 16
settlement; and 17
(B) merchants are required to access in order to accept a specific 18
brand of general-purpose credit cards, charge cards, debit cards, or stored-19
value cards as payment for goods and services. 20

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(7) “Processor” means an entity that facilitates, services, processes, or 1
manages a debit card or credit card authorization, billing, transfer, payment 2
procedures, or settlement with respect to an electronic payment transaction. 3
(8) “Tax” means any State or local sales, use, or excise tax imposed by 4
law and collected by the merchant at the point of sale. 5
(b) Prohibited fees. A payment card network shall not directly or indirectly 6
through an agent, issuer, acquirer bank, processor, fee schedule, contract, 7
requirement, condition, penalty, technological specification, or inducement: 8
(1) establish, charge, or publish any interchange fee that is calculated as 9
a percentage of a transaction amount if that amount includes any portion 10
attributable to tax or gratuity; or 11
(2) apply any surcharge or increase to the portion of a transaction not 12
attributable to tax or gratuity in an effort to offset the exclusion of such tax or 13
gratuity. 14
(c) Enforcement and penalties. 15
(1) A payment card network shall be liable for a civil penalty of 16
$1,000.00 per transaction that violates this subchapter. 17
(2) A merchant whose rights under this subchapter have been violated 18
may maintain a civil action for damages or equitable relief, including 19
attorney’s fees, if any. 20

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(3) A violation of this section shall be deemed a violation of section 1
2453 of this title. The Attorney General shall have the same authority to 2
conduct civil investigations, enter into assurances of discontinuance, and bring 3
civil actions as provided under subchapter 1 of this chapter. 4
(d) Severability. If any provision of this subchapter or its application to 5
any person or circumstance is held invalid, the invalidity does not affect other 6
provisions or applications of this subchapter that can be given effect without 7
the invalid provision or application, and, to this end, the provisions of this 8
subchapter are severable. 9
Sec. 2. EFFECTIVE DATE 10
This act shall take effect on July 1, 2026. 11