Amended IN Senate April 09, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 926Introduced by Senator HillFebruary 05, 2020 An act to add Part 5 (commencing with Section 18100) to Division 7 of the Business and Professions Code, relating to business. LEGISLATIVE COUNSEL'S DIGESTSB 926, as amended, Hill. Business: retail stores: locations: cash payments. Existing law establishes the Department of Consumer Affairs, which is under the control of the Director of Consumer Affairs, and is composed of boards that license and regulate professions and vocations. Existing law establishes the Professions and Vocations Fund in the state treasury for those purposes, and provides that fine and penalty money in the fund is for use upon appropriation by the Legislature. Existing law requires the Director of Consumer Affairs to enforce, among other things, various requirements on businesses and licenses, as provided.Existing law establishes within state government a Department of Justice that is under the direction and control of the Attorney General. Existing law provides that the department is composed of the Office of the Attorney General and other divisions, bureaus, branches, sections, or other units created within the department by the Attorney General. Existing law provides that the Attorney General has charge, as attorney, of all legal matters in which the state is interested, except as specified. Existing law establishes the Public Rights Law Enforcement Special Fund within the State Treasury to be used, upon appropriation, for investigation and prosecution of specific public rights.Existing federal law provides that United States coins and currency, including Federal Reserve Notes and circulating notes of Federal Reserve Banks and national banks, are legal tender for all debts, public charges, taxes, and dues.This bill would require a retail store location, as defined, in this state to accept cash payment when offered as payment by a consumer for any transaction involving that does not exceed $5,000 and involves the sale or lease of goods or services, or both, unless a specified exception applies. The bill would define cash for these purposes to mean Federal Reserve Notes and metal coins issued by the United States as legal tender. The bill would require the Director of Consumer Affairs Attorney General to enforce these provisions, and would impose civil penalties for a violation of these provisions, to be deposited into the Professions and Vocations Fund, Public Rights Law Enforcement Special Fund, as provided. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Part 5 (commencing with Section 18100) is added to Division 7 of the Business and Professions Code, to read:PART 5. Retail Store Cash Payments18100. For purposes of this part, the following definitions shall apply:(a) Retail location means any business that has a permanent address and operates at a fixed location.(b) Cash means Federal Reserve Notes and metal coins issued by the United States as legal tender pursuant to Section 5103 of Title 31 of the United States Code.18100.(a)A retail store18101. For any transaction that does not exceed five thousand dollars ($5,000), a retail location in this state shall accept cash payment when offered as payment by a consumer at the retail location for any transaction involving the sale or lease of goods or services, or both.(b)For purposes of this part, cash means Federal Reserve Notes and metal coins issued by the United States as legal tender pursuant to Section 5103 of Title 31 of the United States Code.18101.18102. This part shall not apply to any of the following:(a)A retail store operating only online or through a catalogue that does not have a physical presence in the state.(b)A retailer in the business of renting motor vehicles if that retailer accepts a cashiers check or a certified check when offered as payment by a consumer.(a) A transaction initiated online, by mail, by telephone, through a catalogue, or at any location other than a retail location, and completed at any location other than the retail location.(b) A retail location that only sells or leases goods or services, or both, online, by mail, by telephone, through a catalogue, or at any location other than a retail location.(c) A transaction for the rental of goods or services, or both, or for accommodations for which posting of collateral or security is typically required. (c)(d) A retail store location that is prohibited from accepting cash payments by any other provision of law.18102.18103. This part shall not be construed to require a retail store to do any of the following: location to accept Federal Reserve Notes in a denomination larger than a twenty-dollar ($20) bill.(a)Accept cash that the retailer reasonably suspects to be counterfeit.(b)Accept Federal Reserve Notes in a denomination larger than a twenty-dollar ($20) bill.18103.18104. (a) The Department of Consumer Affairs Attorney General shall enforce the provisions of this part.(b) A violation of this part shall be punishable by a civil penalty of not less than twenty-five dollars ($25) nor more than five hundred dollars ($500), as determined by the department. Attorney General.(c) The civil penalty shall be deposited in the Professions and Vocations Fund for the departments Public Rights Law Enforcement Special Fund for the Attorney Generals use in enforcing this part.
Amended IN Senate April 09, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 926Introduced by Senator HillFebruary 05, 2020 An act to add Part 5 (commencing with Section 18100) to Division 7 of the Business and Professions Code, relating to business. LEGISLATIVE COUNSEL'S DIGESTSB 926, as amended, Hill. Business: retail stores: locations: cash payments. Existing law establishes the Department of Consumer Affairs, which is under the control of the Director of Consumer Affairs, and is composed of boards that license and regulate professions and vocations. Existing law establishes the Professions and Vocations Fund in the state treasury for those purposes, and provides that fine and penalty money in the fund is for use upon appropriation by the Legislature. Existing law requires the Director of Consumer Affairs to enforce, among other things, various requirements on businesses and licenses, as provided.Existing law establishes within state government a Department of Justice that is under the direction and control of the Attorney General. Existing law provides that the department is composed of the Office of the Attorney General and other divisions, bureaus, branches, sections, or other units created within the department by the Attorney General. Existing law provides that the Attorney General has charge, as attorney, of all legal matters in which the state is interested, except as specified. Existing law establishes the Public Rights Law Enforcement Special Fund within the State Treasury to be used, upon appropriation, for investigation and prosecution of specific public rights.Existing federal law provides that United States coins and currency, including Federal Reserve Notes and circulating notes of Federal Reserve Banks and national banks, are legal tender for all debts, public charges, taxes, and dues.This bill would require a retail store location, as defined, in this state to accept cash payment when offered as payment by a consumer for any transaction involving that does not exceed $5,000 and involves the sale or lease of goods or services, or both, unless a specified exception applies. The bill would define cash for these purposes to mean Federal Reserve Notes and metal coins issued by the United States as legal tender. The bill would require the Director of Consumer Affairs Attorney General to enforce these provisions, and would impose civil penalties for a violation of these provisions, to be deposited into the Professions and Vocations Fund, Public Rights Law Enforcement Special Fund, as provided. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate April 09, 2020
Amended IN Senate April 09, 2020
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Senate Bill
No. 926
Introduced by Senator HillFebruary 05, 2020
Introduced by Senator Hill
February 05, 2020
An act to add Part 5 (commencing with Section 18100) to Division 7 of the Business and Professions Code, relating to business.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 926, as amended, Hill. Business: retail stores: locations: cash payments.
Existing law establishes the Department of Consumer Affairs, which is under the control of the Director of Consumer Affairs, and is composed of boards that license and regulate professions and vocations. Existing law establishes the Professions and Vocations Fund in the state treasury for those purposes, and provides that fine and penalty money in the fund is for use upon appropriation by the Legislature. Existing law requires the Director of Consumer Affairs to enforce, among other things, various requirements on businesses and licenses, as provided.Existing law establishes within state government a Department of Justice that is under the direction and control of the Attorney General. Existing law provides that the department is composed of the Office of the Attorney General and other divisions, bureaus, branches, sections, or other units created within the department by the Attorney General. Existing law provides that the Attorney General has charge, as attorney, of all legal matters in which the state is interested, except as specified. Existing law establishes the Public Rights Law Enforcement Special Fund within the State Treasury to be used, upon appropriation, for investigation and prosecution of specific public rights.Existing federal law provides that United States coins and currency, including Federal Reserve Notes and circulating notes of Federal Reserve Banks and national banks, are legal tender for all debts, public charges, taxes, and dues.This bill would require a retail store location, as defined, in this state to accept cash payment when offered as payment by a consumer for any transaction involving that does not exceed $5,000 and involves the sale or lease of goods or services, or both, unless a specified exception applies. The bill would define cash for these purposes to mean Federal Reserve Notes and metal coins issued by the United States as legal tender. The bill would require the Director of Consumer Affairs Attorney General to enforce these provisions, and would impose civil penalties for a violation of these provisions, to be deposited into the Professions and Vocations Fund, Public Rights Law Enforcement Special Fund, as provided.
Existing law establishes the Department of Consumer Affairs, which is under the control of the Director of Consumer Affairs, and is composed of boards that license and regulate professions and vocations. Existing law establishes the Professions and Vocations Fund in the state treasury for those purposes, and provides that fine and penalty money in the fund is for use upon appropriation by the Legislature. Existing law requires the Director of Consumer Affairs to enforce, among other things, various requirements on businesses and licenses, as provided.
Existing law establishes within state government a Department of Justice that is under the direction and control of the Attorney General. Existing law provides that the department is composed of the Office of the Attorney General and other divisions, bureaus, branches, sections, or other units created within the department by the Attorney General. Existing law provides that the Attorney General has charge, as attorney, of all legal matters in which the state is interested, except as specified. Existing law establishes the Public Rights Law Enforcement Special Fund within the State Treasury to be used, upon appropriation, for investigation and prosecution of specific public rights.
Existing federal law provides that United States coins and currency, including Federal Reserve Notes and circulating notes of Federal Reserve Banks and national banks, are legal tender for all debts, public charges, taxes, and dues.
This bill would require a retail store location, as defined, in this state to accept cash payment when offered as payment by a consumer for any transaction involving that does not exceed $5,000 and involves the sale or lease of goods or services, or both, unless a specified exception applies. The bill would define cash for these purposes to mean Federal Reserve Notes and metal coins issued by the United States as legal tender. The bill would require the Director of Consumer Affairs Attorney General to enforce these provisions, and would impose civil penalties for a violation of these provisions, to be deposited into the Professions and Vocations Fund, Public Rights Law Enforcement Special Fund, as provided.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Part 5 (commencing with Section 18100) is added to Division 7 of the Business and Professions Code, to read:PART 5. Retail Store Cash Payments18100. For purposes of this part, the following definitions shall apply:(a) Retail location means any business that has a permanent address and operates at a fixed location.(b) Cash means Federal Reserve Notes and metal coins issued by the United States as legal tender pursuant to Section 5103 of Title 31 of the United States Code.18100.(a)A retail store18101. For any transaction that does not exceed five thousand dollars ($5,000), a retail location in this state shall accept cash payment when offered as payment by a consumer at the retail location for any transaction involving the sale or lease of goods or services, or both.(b)For purposes of this part, cash means Federal Reserve Notes and metal coins issued by the United States as legal tender pursuant to Section 5103 of Title 31 of the United States Code.18101.18102. This part shall not apply to any of the following:(a)A retail store operating only online or through a catalogue that does not have a physical presence in the state.(b)A retailer in the business of renting motor vehicles if that retailer accepts a cashiers check or a certified check when offered as payment by a consumer.(a) A transaction initiated online, by mail, by telephone, through a catalogue, or at any location other than a retail location, and completed at any location other than the retail location.(b) A retail location that only sells or leases goods or services, or both, online, by mail, by telephone, through a catalogue, or at any location other than a retail location.(c) A transaction for the rental of goods or services, or both, or for accommodations for which posting of collateral or security is typically required. (c)(d) A retail store location that is prohibited from accepting cash payments by any other provision of law.18102.18103. This part shall not be construed to require a retail store to do any of the following: location to accept Federal Reserve Notes in a denomination larger than a twenty-dollar ($20) bill.(a)Accept cash that the retailer reasonably suspects to be counterfeit.(b)Accept Federal Reserve Notes in a denomination larger than a twenty-dollar ($20) bill.18103.18104. (a) The Department of Consumer Affairs Attorney General shall enforce the provisions of this part.(b) A violation of this part shall be punishable by a civil penalty of not less than twenty-five dollars ($25) nor more than five hundred dollars ($500), as determined by the department. Attorney General.(c) The civil penalty shall be deposited in the Professions and Vocations Fund for the departments Public Rights Law Enforcement Special Fund for the Attorney Generals use in enforcing this part.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Part 5 (commencing with Section 18100) is added to Division 7 of the Business and Professions Code, to read:PART 5. Retail Store Cash Payments18100. For purposes of this part, the following definitions shall apply:(a) Retail location means any business that has a permanent address and operates at a fixed location.(b) Cash means Federal Reserve Notes and metal coins issued by the United States as legal tender pursuant to Section 5103 of Title 31 of the United States Code.18100.(a)A retail store18101. For any transaction that does not exceed five thousand dollars ($5,000), a retail location in this state shall accept cash payment when offered as payment by a consumer at the retail location for any transaction involving the sale or lease of goods or services, or both.(b)For purposes of this part, cash means Federal Reserve Notes and metal coins issued by the United States as legal tender pursuant to Section 5103 of Title 31 of the United States Code.18101.18102. This part shall not apply to any of the following:(a)A retail store operating only online or through a catalogue that does not have a physical presence in the state.(b)A retailer in the business of renting motor vehicles if that retailer accepts a cashiers check or a certified check when offered as payment by a consumer.(a) A transaction initiated online, by mail, by telephone, through a catalogue, or at any location other than a retail location, and completed at any location other than the retail location.(b) A retail location that only sells or leases goods or services, or both, online, by mail, by telephone, through a catalogue, or at any location other than a retail location.(c) A transaction for the rental of goods or services, or both, or for accommodations for which posting of collateral or security is typically required. (c)(d) A retail store location that is prohibited from accepting cash payments by any other provision of law.18102.18103. This part shall not be construed to require a retail store to do any of the following: location to accept Federal Reserve Notes in a denomination larger than a twenty-dollar ($20) bill.(a)Accept cash that the retailer reasonably suspects to be counterfeit.(b)Accept Federal Reserve Notes in a denomination larger than a twenty-dollar ($20) bill.18103.18104. (a) The Department of Consumer Affairs Attorney General shall enforce the provisions of this part.(b) A violation of this part shall be punishable by a civil penalty of not less than twenty-five dollars ($25) nor more than five hundred dollars ($500), as determined by the department. Attorney General.(c) The civil penalty shall be deposited in the Professions and Vocations Fund for the departments Public Rights Law Enforcement Special Fund for the Attorney Generals use in enforcing this part.
SECTION 1. Part 5 (commencing with Section 18100) is added to Division 7 of the Business and Professions Code, to read:
### SECTION 1.
PART 5. Retail Store Cash Payments18100. For purposes of this part, the following definitions shall apply:(a) Retail location means any business that has a permanent address and operates at a fixed location.(b) Cash means Federal Reserve Notes and metal coins issued by the United States as legal tender pursuant to Section 5103 of Title 31 of the United States Code.18100.(a)A retail store18101. For any transaction that does not exceed five thousand dollars ($5,000), a retail location in this state shall accept cash payment when offered as payment by a consumer at the retail location for any transaction involving the sale or lease of goods or services, or both.(b)For purposes of this part, cash means Federal Reserve Notes and metal coins issued by the United States as legal tender pursuant to Section 5103 of Title 31 of the United States Code.18101.18102. This part shall not apply to any of the following:(a)A retail store operating only online or through a catalogue that does not have a physical presence in the state.(b)A retailer in the business of renting motor vehicles if that retailer accepts a cashiers check or a certified check when offered as payment by a consumer.(a) A transaction initiated online, by mail, by telephone, through a catalogue, or at any location other than a retail location, and completed at any location other than the retail location.(b) A retail location that only sells or leases goods or services, or both, online, by mail, by telephone, through a catalogue, or at any location other than a retail location.(c) A transaction for the rental of goods or services, or both, or for accommodations for which posting of collateral or security is typically required. (c)(d) A retail store location that is prohibited from accepting cash payments by any other provision of law.18102.18103. This part shall not be construed to require a retail store to do any of the following: location to accept Federal Reserve Notes in a denomination larger than a twenty-dollar ($20) bill.(a)Accept cash that the retailer reasonably suspects to be counterfeit.(b)Accept Federal Reserve Notes in a denomination larger than a twenty-dollar ($20) bill.18103.18104. (a) The Department of Consumer Affairs Attorney General shall enforce the provisions of this part.(b) A violation of this part shall be punishable by a civil penalty of not less than twenty-five dollars ($25) nor more than five hundred dollars ($500), as determined by the department. Attorney General.(c) The civil penalty shall be deposited in the Professions and Vocations Fund for the departments Public Rights Law Enforcement Special Fund for the Attorney Generals use in enforcing this part.
PART 5. Retail Store Cash Payments18100. For purposes of this part, the following definitions shall apply:(a) Retail location means any business that has a permanent address and operates at a fixed location.(b) Cash means Federal Reserve Notes and metal coins issued by the United States as legal tender pursuant to Section 5103 of Title 31 of the United States Code.18100.(a)A retail store18101. For any transaction that does not exceed five thousand dollars ($5,000), a retail location in this state shall accept cash payment when offered as payment by a consumer at the retail location for any transaction involving the sale or lease of goods or services, or both.(b)For purposes of this part, cash means Federal Reserve Notes and metal coins issued by the United States as legal tender pursuant to Section 5103 of Title 31 of the United States Code.18101.18102. This part shall not apply to any of the following:(a)A retail store operating only online or through a catalogue that does not have a physical presence in the state.(b)A retailer in the business of renting motor vehicles if that retailer accepts a cashiers check or a certified check when offered as payment by a consumer.(a) A transaction initiated online, by mail, by telephone, through a catalogue, or at any location other than a retail location, and completed at any location other than the retail location.(b) A retail location that only sells or leases goods or services, or both, online, by mail, by telephone, through a catalogue, or at any location other than a retail location.(c) A transaction for the rental of goods or services, or both, or for accommodations for which posting of collateral or security is typically required. (c)(d) A retail store location that is prohibited from accepting cash payments by any other provision of law.18102.18103. This part shall not be construed to require a retail store to do any of the following: location to accept Federal Reserve Notes in a denomination larger than a twenty-dollar ($20) bill.(a)Accept cash that the retailer reasonably suspects to be counterfeit.(b)Accept Federal Reserve Notes in a denomination larger than a twenty-dollar ($20) bill.18103.18104. (a) The Department of Consumer Affairs Attorney General shall enforce the provisions of this part.(b) A violation of this part shall be punishable by a civil penalty of not less than twenty-five dollars ($25) nor more than five hundred dollars ($500), as determined by the department. Attorney General.(c) The civil penalty shall be deposited in the Professions and Vocations Fund for the departments Public Rights Law Enforcement Special Fund for the Attorney Generals use in enforcing this part.
PART 5. Retail Store Cash Payments
PART 5. Retail Store Cash Payments
18100. For purposes of this part, the following definitions shall apply:(a) Retail location means any business that has a permanent address and operates at a fixed location.(b) Cash means Federal Reserve Notes and metal coins issued by the United States as legal tender pursuant to Section 5103 of Title 31 of the United States Code.
18100. For purposes of this part, the following definitions shall apply:
(a) Retail location means any business that has a permanent address and operates at a fixed location.
(b) Cash means Federal Reserve Notes and metal coins issued by the United States as legal tender pursuant to Section 5103 of Title 31 of the United States Code.
(a)A retail store
18101. For any transaction that does not exceed five thousand dollars ($5,000), a retail location in this state shall accept cash payment when offered as payment by a consumer at the retail location for any transaction involving the sale or lease of goods or services, or both.(b)For purposes of this part, cash means Federal Reserve Notes and metal coins issued by the United States as legal tender pursuant to Section 5103 of Title 31 of the United States Code.
18101. For any transaction that does not exceed five thousand dollars ($5,000), a retail location in this state shall accept cash payment when offered as payment by a consumer at the retail location for any transaction involving the sale or lease of goods or services, or both.
(b)For purposes of this part, cash means Federal Reserve Notes and metal coins issued by the United States as legal tender pursuant to Section 5103 of Title 31 of the United States Code.
18101.18102. This part shall not apply to any of the following:(a)A retail store operating only online or through a catalogue that does not have a physical presence in the state.(b)A retailer in the business of renting motor vehicles if that retailer accepts a cashiers check or a certified check when offered as payment by a consumer.(a) A transaction initiated online, by mail, by telephone, through a catalogue, or at any location other than a retail location, and completed at any location other than the retail location.(b) A retail location that only sells or leases goods or services, or both, online, by mail, by telephone, through a catalogue, or at any location other than a retail location.(c) A transaction for the rental of goods or services, or both, or for accommodations for which posting of collateral or security is typically required. (c)(d) A retail store location that is prohibited from accepting cash payments by any other provision of law.
18101.18102. This part shall not apply to any of the following:
(a)A retail store operating only online or through a catalogue that does not have a physical presence in the state.
(b)A retailer in the business of renting motor vehicles if that retailer accepts a cashiers check or a certified check when offered as payment by a consumer.
(a) A transaction initiated online, by mail, by telephone, through a catalogue, or at any location other than a retail location, and completed at any location other than the retail location.
(b) A retail location that only sells or leases goods or services, or both, online, by mail, by telephone, through a catalogue, or at any location other than a retail location.
(c) A transaction for the rental of goods or services, or both, or for accommodations for which posting of collateral or security is typically required.
(c)
(d) A retail store location that is prohibited from accepting cash payments by any other provision of law.
18102.18103. This part shall not be construed to require a retail store to do any of the following: location to accept Federal Reserve Notes in a denomination larger than a twenty-dollar ($20) bill.(a)Accept cash that the retailer reasonably suspects to be counterfeit.(b)Accept Federal Reserve Notes in a denomination larger than a twenty-dollar ($20) bill.
18102.18103. This part shall not be construed to require a retail store to do any of the following: location to accept Federal Reserve Notes in a denomination larger than a twenty-dollar ($20) bill.
(a)Accept cash that the retailer reasonably suspects to be counterfeit.
(b)Accept Federal Reserve Notes in a denomination larger than a twenty-dollar ($20) bill.
18103.18104. (a) The Department of Consumer Affairs Attorney General shall enforce the provisions of this part.(b) A violation of this part shall be punishable by a civil penalty of not less than twenty-five dollars ($25) nor more than five hundred dollars ($500), as determined by the department. Attorney General.(c) The civil penalty shall be deposited in the Professions and Vocations Fund for the departments Public Rights Law Enforcement Special Fund for the Attorney Generals use in enforcing this part.
18103.18104. (a) The Department of Consumer Affairs Attorney General shall enforce the provisions of this part.
(b) A violation of this part shall be punishable by a civil penalty of not less than twenty-five dollars ($25) nor more than five hundred dollars ($500), as determined by the department. Attorney General.
(c) The civil penalty shall be deposited in the Professions and Vocations Fund for the departments Public Rights Law Enforcement Special Fund for the Attorney Generals use in enforcing this part.