AN ACT to prohibit certain businesses, state agencies, and local governments from imposing an extra charge for payments by credit or debit card.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 13 of Chapter 66 of the General Statutes is amended by adding a new section to read:

§ 66‑67.10.  No extra charge for card payments.

(a)        Scope. – This section applies to any of the following that operate in this State:

(1)        A person that engages in the business of selling goods or services at retail.

(2)        A State agency or local government.

(3)        A restaurant.

(4)        A landlord.

(b)        Prohibition. – A person subject to this section shall not impose an extra charge for payments by credit card or debit card. A person subject to this section, however, may offer a discount for payments by cash.

(c)        Enforcement. – The Secretary of Commerce may assess a civil penalty against a person, other than a State agency or local government, for a violation of this section. The amount of the penalty shall not exceed two thousand five hundred dollars ($2,500) for the first violation or five thousand dollars ($5,000) for a subsequent violation. The clear proceeds of civil penalties imposed pursuant to this subsection shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.

SECTION 2.  This act becomes effective October 1, 2023, and applies to payments made on or after that date.