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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1633 By: Staires
COMMITTEE SUBSTITUTE
An Act relating to legal tender; defining terms;
requiring acceptance of cash as legal tender;
providing penalties and enforcement; exempting
certain transactions; providing for codification ; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statut es as Section 3001 of Title 25, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. "Agency" shall mean any governmen tal entity;
2. "At retail" shall include any retail transaction conducted
in person and shall exclude any telephone, mail, or Internet-based
transaction;
3. "Central bank digital currency" shall mean a digital version
of governmental currency backed by a central bank and tied to a
country's national currency;
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4. "Regular business hours " shall mean the regular hours a
business is open to the public to conduct business transactions; and
5. "Retail establishment " shall mean a place of business open
to the general public for the sale of goods or services.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3002 of Title 25, unless there
is created a duplication in numbering, reads as follows:
A. A retail establishment selling or offering for sale goods or
services at retail during regular business hours shall not require a
buyer to pay using credit cards nor a central bank digital currency
nor prohibit cash as payment in order to purchase the goods or
services. A retail establishment selling or offering for sale goods
or services at retail during regular business hours shall accept
cash as legal tender when offered by the buyer as payment and shall
not charge a penalty for use of cash .
B. An agency shall not require any citizen of the state in
conducting transactions with the agency to pay using credit cards
nor a central bank digital currency and shall not prohibit cash as
payment in order to conduct transactions with the agency. An agency
shall accept cash as legal tender when offered and shall not charge
a penalty for use of cash.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3003 of Title 25, unless there
is created a duplicatio n in numbering, reads as follows:
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Any person, entity, or agency in violation of this act shall be
subject to a warning for a first violation. A second violation
shall be punished by a fine not to exceed One Thousand Dollars
($1,000.00). A third violation shall be punished by a fine not to
exceed Two Thousand Five Hundred Dollars ($2,500.00). A fourth or
subsequent violation shall be punished by a fine not to exceed Five
Thousand Dollars ($5,000.00). The penalties in this subsection
shall be enforced by the Office of the Attorney General. Fines
collected by the Office of the Attorney General shall be deposited
in the General Revenue Fund of the State Treasury .
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Stat utes as Section 3004 of Title 25, unless there
is created a duplication in numbering, reads as follows:
The provisions of this act shall not apply to online or over-
the-phone purchases, parking lots, wholesale or membership -based
retail stores, and goods sold exclusively through a membership model
that requires payment by means of an affiliated mobile device
application.
SECTION 5. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE, dated
02/22/2023 - DO PASS, As Amended.