A. Subject to review and approval as provided for in Section 34.27 of this title, a state agency, board, commission, or authority may obtain reimbursement of a merchant fee incurred in connection with any electronic or online transaction.

B. Subject to review and approval as provided for in Section 34.27 of this title, unless otherwise permitted by law, a state agency, board, commission or authority may charge a convenience fee for a manual transaction. Each state entity shall keep a record of how the convenience fee has been determined and shall file the record with the Information Services Division of the Office of Management and Enterprise Services. A state agency, board, commission, or authority may periodically adjust a convenience fee as needed upon review and approval as provided for in Section 34.27 of this title.

Any state agency, board, commission or authority may apply to the State Governmental Technology Applications Review Board for authorization to charge a convenience fee for electronic or online transactions. If authorization is granted, the state entity shall not assess a convenience fee for equivalent manual transactions. The Board shall annually review the authorization for a convenience fee for electronic or online transactions and shall take action to renew or revoke the authorization as provided for in this subsection.

C. For purposes of this section:

1. "Merchant fee" shall mean and be limited to the cost of a charge imposed by a third-party credit card or debit card issuer that is necessary to process an electronic or online transaction with a state agency, board, commission or authority;

2. "Convenience fee" shall mean a fee charged to partially compensate for costs incurred as a result of providing for a manual transaction or an electronic or online transaction if authorization is approved as provided for in subsection B of this section; and

3. "Manual transaction" shall mean a transaction that is not conducted online or electronically if the transaction is made available online or electronically.

Added by Laws 2001, c. 375, § 2, emerg. eff. June 4, 2001. Amended by Laws 2006, c. 266, § 11, eff. July 1, 2006; Laws 2009, c. 322, § 4. Renumbered from § 41.5q of this title by Laws 2009, c. 441, § 64, eff. July 1, 2009. Amended by Laws 2010, c. 2, § 42, eff. April 5, 2010; Laws 2012, c. 304, § 358; Laws 2013, c. 358, § 16, eff. July 1, 2013.

NOTE: Laws 2009, c. 451, § 14 repealed by Laws 2010, c. 2, § 43, eff. April 5, 2010.

NOTE: Laws 2010, c. 2, § 106, provides: "The provisions of Sections 32 through 43 and Sections 96 and 97 of this act shall be effective and shall become operative on the effective date of the appointment of the first Chief Information Officer by the Governor as provided in Section 34.11.1 of Title 62 of the Oklahoma Statutes." The first Chief Information Officer was appointed by the Governor on April 5, 2010.