Senate Bill No. 390
               Senate Bill No. 390

               PUBLIC ACT NO. 98-37


AN  ACT  PROHIBITING  SURCHARGES  ON  PURCHASES BY
CASH, CHECK OR OTHER MEANS.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  42-133ff  of  the general statutes is
repealed and the following is substituted in  lieu
thereof:
    (a)  No  seller  may  impose  a surcharge on a
buyer who elects to use [a credit card in lieu  of
payment  by  cash,  check  or  similar  means] ANY
METHOD OF PAYMENT, INCLUDING, BUT NOT LIMITED  TO,
CASH,  CHECK,  CREDIT CARD OR ELECTRONIC MEANS, in
any sales transaction.
    (b)  Any  seller  who  accepts  or  offers  to
accept a bank credit card bearing a trade name  as
a  means  of  payment  [,]  shall  accept any bank
credit card bearing such trade name presented by a
cardholder,  notwithstanding  the  identity of the
card issuer. For the purposes of this  subsection,
"bank credit card" means any credit card issued by
a bank, savings bank, savings and loan association
or credit union.
    (c)  Nothing  in  this  section shall prohibit
any seller from offering a discount to a buyer  to
induce such buyer to pay by cash, check or similar
means rather than by credit card.
    (d)  Nothing  in  this  section shall prohibit
any  seller  from  conditioning  acceptance  of  a
credit  card  on  a buyer's minimum purchase. Each
seller  shall  disclose  [his]  ANY  SUCH  minimum
purchase policy [if such policy exists,] orally or
in writing at  the  point  of  purchase.  For  the
purposes  of  this  subsection, [the term] "at the
point of purchase" includes, but [shall not be] IS
NOT limited to, at or on a cash register and in an
advertisement or menu.

Approved May 19, 1998