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ENGROSSED HOUSE
BILL NO. 1633 By: Staires, Boles, and Maynard
of the House
and
Bergstrom of the Senate
[ legal tender - acceptance of cash as legal tender -
penalties and enforcement – codification -
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 cod ified
in the Oklahoma Statutes as Section 3001 of Title 25, unless there
is created a duplication in numbering, reads as follows:
This act shall be kno wn and may be cited as " The Cash Protection
Act".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statut es as Section 3002 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. "Cash" shall mean United States cu rrency in the form of
coins or notes.
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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;
4. "Regular business hours " shall mean the regular hours a
business is open to the public to conduct business transactions; and
5. "Businesses providing basic needs " shall mean a business
open to and engaged with the general public for the sale of basic
life essential goods or services, which includes:
a. grocery stores that sell food or water,
b. utility companies including electric companies, water
companies, natural gas companies, propane companies,
sewage companies, and Internet companies,
c. pharmacies and other businesses that provide medicines
or supplements, and
d. insurance companies which sell auto, life, health, and
property and casualty insurance .
SECTION 3. NEW LAW A new s ection of law to be codified
in the Oklahoma Statutes as Section 3003 of Title 25, unless there
is created a duplication in numbering, reads as follows:
A. Businesses providing basic needs , selling or offering for
sale goods or services during regular busine ss hours, shall not
require a buyer to pay using credit cards nor a central bank digital
currency nor prohibit the use of cash or money orders as payment in
order to purchase the goods or services. Businesses providing basic
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needs selling or offering for sale goods or services 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 this 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 4. NEW LAW A new section of law to be co dified
in the Oklahoma Statutes as Section 3004 of Title 25, unless there
is created a duplicatio n in numbering, reads as follows:
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 sha ll be deposited
in the General Revenue Fund of the State Treasury .
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SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Stat utes as Section 3005 of Title 25, unless there
is created a duplication in numbering, read s as follows:
The provisions of this act shall not apply to online or over-
the-phone transactions, parking lots, wholes ale 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 6. This act shall become effective November 1, 2023.
Passed the House of Representatives the 23rd day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate