OK
Oklahoma House Bill HB1633

Oklahoma 2023 Regular Session

Oklahoma House Bill HB1633 Compare Versions

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28-STATE OF OKLAHOMA
29-
30-1st Session of the 59th Legislature (2023)
31-
32-COMMITTEE SUBSTITUTE
33-FOR ENGROSSED
34-HOUSE BILL 1633 By: Staires, Boles, and Maynard
28+ENGROSSED HOUSE
29+BILL NO. 1633 By: Staires, Boles, and Maynard
3530 of the House
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3732 and
3833
3934 Bergstrom of the Senate
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44-COMMITTEE SUBSTITUTE
4539
4640 [ legal tender - acceptance of cash as legal tender -
47-penalties and enforcement – codification - effective
48-date ]
49-
41+penalties and enforcement – codification -
42+effective date ]
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5447 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
5548 SECTION 1. NEW LAW A new section of law to be cod ified
5649 in the Oklahoma Statutes as Section 3001 of Title 25, unless there
5750 is created a duplication in numbering, reads as follows:
58-This act shall be kno wn and may be cited as the “Cash Protection
59-Act”.
51+This act shall be kno wn and may be cited as " The Cash Protection
52+Act".
6053 SECTION 2. NEW LAW A new section of law to be codified
6154 in the Oklahoma Statut es as Section 3002 of Title 25, unless there
6255 is created a duplication in numbering, reads as follows:
6356 As used in this act:
64-1. “Agency” shall mean any governmen tal entity;
57+1. "Agency" shall mean any governmen tal entity;
58+2. "Cash" shall mean United States cu rrency in the form of
59+coins or notes.
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91-2. “Cash” shall mean United States cu rrency in the form of
92-coins or notes;
93-3. “Central bank digital currency” shall mean a digital version
86+3. "Central bank digital currency" shall mean a digital version
9487 of governmental currency backed by a central bank and tied to a
95-country’s national currency;
96-4. “Regular business hours ” shall mean the regular hours a
88+country's national currency;
89+4. "Regular business hours " shall mean the regular hours a
9790 business is open to the public to conduct business transactions; and
98-5. “Businesses providing basic needs ” shall mean a business
91+5. "Businesses providing basic needs " shall mean a business
9992 open to and engaged with the general public for the sale of basic
100-life necessary goods or services limited to:
93+life essential goods or services, which includes:
10194 a. grocery stores that sell food or water,
10295 b. utility companies including electric companies, water
10396 companies, natural gas companies, propane companies,
104-and sewage companies,
105-c. pharmacies that provide medicines ,
97+sewage companies, and Internet companies,
98+c. pharmacies and other businesses that provide medicines
99+or supplements, and
106100 d. insurance companies which sell auto, life, health, and
107-property and casualty ins urance, and
108-e. medical facilities that received medical fees, copays,
109-or deductibles.
101+property and casualty insurance .
110102 SECTION 3. NEW LAW A new s ection of law to be codified
111103 in the Oklahoma Statutes as Section 3003 of Title 25, unless there
112104 is created a duplication in numbering, reads as follows:
113-A. Businesses providing basic needs selling or offering for
114-sale goods or services during regular busine ss hours shall not
105+A. Businesses providing basic needs , selling or offering for
106+sale goods or services during regular busine ss hours, shall not
107+require a buyer to pay using credit cards nor a central bank digital
108+currency nor prohibit the use of cash or money orders as payment in
109+order to purchase the goods or services. Businesses providing basic
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141-require a buyer to pay using credit cards nor a central bank digital
142-currency nor prohibit the use of cash, cashier’s checks, or money
143-orders as payment in order to purchase the goods or services.
144-Businesses providing basic needs selling or offering for sale goods
145-or services during regular business hours shall accept cash,
146-cashier’s checks, or money o rders as legal tender when offered by
147-the buyer as payment and shall not charge a penalty for use of cash,
148-cashier’s checks, or money orders.
136+needs selling or offering for sale goods or services during regular
137+business hours shall accept cash as legal tender when offered by the
138+buyer as payment and shall not charge a penalty for use of cash.
149139 B. An agency shall not require any citizen of this state in
150140 conducting transactions with the agency to pay using credit cards
151-nor a central bank digital currency and shall not prohibit cash,
152-cashier’s checks, or money orders as payment in order to conduct
153-transactions with the agency. An agency shall accept cash,
154-cashier’s checks, or money orders as legal tender when offered and
155-shall not charge a penalty for use of cash, cashier’s checks, or
156-money orders.
157-C. The provisions of this act sh all not apply to a food store
158-or retail establishment that provides a device on premises that
159-converts cash, without charging a fe e or requiring a minimum dep osit
160-amount greater than Five Dollars ($5.00), into a prepaid card that
161-allows a consumer to complete a trans action at the food store or
162-retail establishment.
141+nor a central bank digital currency and shall not prohibit cash as
142+payment in order to conduct transactions with the agency. An agency
143+shall accept cash as legal tender when offered and shall not charge
144+a penalty for use of cash.
145+SECTION 4. NEW LAW A new section of law to be co dified
146+in the Oklahoma Statutes as Section 3004 of Title 25, unless there
147+is created a duplicatio n in numbering, reads as follows:
148+Any person, entity, or agency in violation of this act shall be
149+subject to a warning for a first violation. A second violation
150+shall be punished by a fine not to exceed One Thousand Dollars
151+($1,000.00). A third violation shall be punished by a fine not to
152+exceed Two Thousand Five Hundred Dollars ($2,500.00). A fourth or
153+subsequent violation shall be punished by a fine not to exceed Five
154+Thousand Dollars ($5,000.00). The penalties in this subsection
155+shall be enforced by the Office of the Attorney General. Fines
156+collected by the Office of the Attorney General sha ll be deposited
157+in the General Revenue Fund of the State Treasury .
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189-1. Upon request, such device shall provide each consumer with a
190-receipt indicating the amount of cash the consumer deposited onto
191-the prepaid card.
192-2. Cash deposits onto a prepaid card shall not be subject to an
193-expiration date and there shall be no limit on the number of
194-transactions that may be completed on the prepaid card.
195-SECTION 4. NEW LAW A new sectio n of law to be codified
196-in the Oklahoma Statutes as Section 3004 of Title 25, unless there
197-is created a duplicatio n in numbering, reads as follows:
198-Any person, entity, or agency in violation of this act shall be
199-subject to a warning for a first violation. A second violation
200-shall be punished by a fine not to exceed One Thousand Dollars
201-($1,000.00). A third violation shall be punished by a fine not to
202-exceed Two Thousand Five Hundred Dollars ($2,500.00). A fourth or
203-subsequent violation shall be punished by a fine not to exceed Five
204-Thousand Dollars ($5,000.00). The penalties in this section shall
205-be enforced by the Office of the Attorney General. Fines collected
206-by the Office of the Attorney General shall be deposited in the
207-General Revenue Fund of the State Treasury.
208184 SECTION 5. NEW LAW A new section of law to be codified
209185 in the Oklahoma Stat utes as Section 3005 of Title 25, unless there
210186 is created a duplication in numbering, read s as follows:
211187 The provisions of this act shall not apply to online or over-
212-the-phone transactions, parking lots, wholes ale, or membership-based
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188+the-phone transactions, parking lots, wholes ale or membership-based
239189 retail stores, and goods sold exclusively through a membership model
240190 that requires payment by means of an affiliated mobile device
241191 application.
242-SECTION 6. NEW LAW A new section of law to be codified
243-in the Oklahoma Statutes as Section 3006 of Title 25, unless there
244-is created a duplication in numbering, reads as follows:
245-The provisions of Sections 3 and 4 of this act shall not become
246-effective until such time as a central bank digital currency is
247-adopted.
248-SECTION 7. This act shall become effective November 1, 2023.
192+SECTION 6. This act shall become effective November 1, 2023.
193+Passed the House of Representatives the 23rd day of March, 2023.
249194
250-59-1-2071 MR 4/3/2023 4:47:27 PM
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198+ Presiding Officer of the House
199+ of Representatives
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203+Passed the Senate the ___ day of __________, 2023.
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208+ Presiding Officer of the Senate
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