To enact sections 1319.21, 1319.22, 1319.23, and 3741.15 of the Revised Code to require disclosure to a merchant of the operating rules referenced in, or otherwise applicable as terms and conditions of, an electronic payment system contract, to permit the merchant to disclose operating rule information, to permit a retail dealer of gasoline to offer discount prices for gasoline purchases made by cash, debit card, check, or any similar means rather than by credit card, and to prohibit a franchise contract from limiting a franchisee from offering such a discount.

Section 1. That sections 1319.21, 1319.22, 1319.23, and 3741.15 of the Revised Code be enacted to read as follows:

Sec. 1319.21.  As used in sections 1319.21 to 1319.23 of the Revised Code:

(A) "Access" means disclosure through electronic means that enables a merchant to download and print information or, if a merchant does not have electronic capability, disclosure in writing timely postmarked to comply with division (A) or (B) of section 1319.22 of the Revised Code.

(B) "Chargeback" means a transaction and any associated fees that are billed back to a merchant under an electronic payment system contract or deducted from a merchant account in connection with a credit card or debit transaction.

(C)(1) "Credit card" means an instrument or device that is issued by a person for or not for a fee and that authorizes the cardholder to obtain money, a good, a service, or anything of value that, when obtained, are obtained both:

(a) On credit or in possession or in consideration of an undertaking or guaranty by the card issuer of a payment drawn by the cardholder on a promise to pay the associated amount in part or in full, whether or not all or any part of the indebtedness represented by the promise to make a deferred payment is secured or unsecured;

(b) Under a number assigned to the instrument or device, even if the physical instrument or device is not used or presented.

(2) An instrument or device described in division (C)(1) of this section is a credit card whether known by that or any other name, such as a charge card, credit plate, courtesy card, or identification card.

(D) "Credit card or debit card transaction" means a transaction under which a cardholder uses a credit card or debit card as payment to obtain money, a good, a service, or any other thing of value.

(E)(1) "Debit card" means an instrument or device, excluding a check, that enables a person to obtain money, a good, a service, or anything of value by authorizing the withdrawal of money from the person's deposit account or by using the value stored on the instrument or device and means the number assigned to the instrument or device even if the physical instrument or device is not used or presented.

(2) An instrument or device described in division (E)(1) of this section is a debit card whether known by that name or any other name, such as an electronic benefit transfer card, stored value card, smart card, access card, or benefit card.

(F) "Deposit account" means a demand, time, savings, passbook, or similar account maintained with a financial institution.

(G) "Electronic payment system" means a payment system consisting of one or more financial institutions and of a network organization that electronically provides authorization, clearing, and settlement services for credit card and debit card transactions accepted by merchants.

(H) "Electronic payment system contract" means a contract that subjects merchant acceptance of credit cards or debit cards to the operating rules of an electronic payment system.

(I) "Fee" means any rate or specific amount of money, including an interchange fee, chargeback, or transaction pass-through fee and including any penalty.

(J) "Financial institution" means any bank, trust, company, savings bank, savings and loan association, or credit union that is incorporated or organized under the laws of the United States or any of its states, or of Canada or any of its provinces, and is subject to regulation or supervision by such country, state, or province.

(K) "Interchange fee" means an amount deducted from a deposit to a merchant's deposit account as compensation or reimbursement for the processing by an electronic payment system of a credit card or debit card transaction accepted by the merchant.

(L) "Merchant" means a person that is engaged in business in this state and sells or leases in this state any good, service, or anything of value to an end user and not for resale or sublease.

(M) "Operating rule" means any law, rule, policy, regulation, or procedure governing the processing of a credit card or debit card transaction by an electronic payment system.

(N) "Penalty" means any transaction downgrade that occurs, or any amount that is charged to a merchant, due to the merchant's not meeting the operating rules referenced in, or otherwise applicable as terms and conditions of, an electronic payment system contract.

(O) "Transaction pass-through fee" means a settlement fee, risk fee, access fee, due, assessment, or other fee, excluding an interchange fee, that is not set solely by two or more persons jointly and is associated with a credit card or debit card transaction and paid by the merchant under an electronic payment system contract.

Sec. 1319.22.  (A) No person shall enter into or operate under an electronic payment system contract with a merchant without providing or ensuring the provision of complete access to all operating rules referenced in, or otherwise applicable as terms and conditions of, that contract, including clear and complete disclosure of any fee charged under the contract and the situation under which the fee may apply. That access shall be provided either directly to the merchant party to the contract or to the merchant through the person with whom the merchant has a merchant account.

(B) No person shall fail to provide to a merchant that is party to an electronic payment system contract notice of and subsequent access to any applicable operating rule change or new operating rule under the contract. That notice and access shall be provided at least five business days in advance of the effective date of the rule change or new rule.

(C) No person shall prohibit a merchant, as a condition to access under division (A) or (B) of this section, from disclosing any information obtained pursuant to that access.

Sec. 1319.23.  A merchant aggrieved by a violation of division (A), (B), or (C) of section 1319.22 of the Revised Code may bring a civil action in a court of competent jurisdiction in this state against the person committing the violation to recover any resultant damages for injury, death, or loss to persons or property and to obtain equitable relief, including reimbursement to the merchant for any fee charged to the merchant under the electronic payment system contract during the period of violation. In addition, the court may award a prevailing merchant an amount equal to ten thousand dollars per each type of fee charged to the merchant under the electronic payment system contract during that period, and the prevailing merchant shall be awarded attorney's fees and court costs.

Sec. 3741.15. (A) A retail dealer of gasoline may offer a discount on gasoline purchases made by cash, debit card, check, or any similar means of payment other than by credit card.

(B) No contract or agreement between a gasoline franchisor and a retail dealer of gasoline shall prohibit the retail dealer from offering a discount as this section allows. Any provision of a franchise contract or agreement that prohibits a retail dealer from offering a discount as described in division (A) of this section is void and unenforceable as against public policy.

(C) As used in this section, "retail dealer" means a person who owns, operates, controls, or supervises an establishment at which gasoline is sold or offered for sale to the public.