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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
HOUSE BILL 1633 By: Staires, Boles, and Maynard
of the House
and
Bergstrom of the Senate
COMMITTEE SUBSTITUTE
[ 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 numberi ng, 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 Statutes 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;
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2. “Cash” shall mean United States cu rrency in the form of
coins or notes;
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 p ublic 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 necessary goods or services limited to:
a. grocery stores that sell food or water,
b. utility companies including electric companies, water
companies, natural gas companies, propane companies,
and sewage companies,
c. pharmacies that provide medicines ,
d. insurance companies which sell auto, life, health, and
property and casualty ins urance, and
e. medical facilities that received medical fees, copays,
or deductibles.
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
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require a buyer to pay using credit cards nor a central bank digital
currency nor prohibit the use of cash, cashier’s checks, or money
orders as payment in order to purchase the goods or services.
Businesses providing basic needs selling or offering for sale goods
or services during regular business hours shall accept cash,
cashier’s checks, or money o rders as legal tender when offered by
the buyer as payment and shall not charge a penalty for use of cash,
cashier’s checks, or money orders.
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,
cashier’s checks, or money orders as payment in order to conduct
transactions with the agency. An agency shall accept cash,
cashier’s checks, or money orders as legal tender when offered and
shall not charge a penalty for use of cash, cashier’s checks, or
money orders.
C. The provisions of this act sh all not apply to a food store
or retail establishment that provides a device on premises that
converts cash, without charging a fe e or requiring a minimum dep osit
amount greater than Five Dollars ($5.00), into a prepaid card that
allows a consumer to complete a trans action at the food store or
retail establishment.
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1. Upon request, such device shall provide each consumer with a
receipt indicating the amount of cash the consumer deposited onto
the prepaid card.
2. Cash deposits onto a prepaid card shall not be subject to an
expiration date and there shall be no limit on the number of
transactions that may be completed on the prepaid card.
SECTION 4. NEW LAW A new sectio n of law to be codified
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 section 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 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, reads as follows:
The provisions of this act shall not apply to online or over-
the-phone transactions, parking lots, wholes ale, or membership-based
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retail stores, and goods sold exclusively through a membership model
that requires payment by means of an affiliated mobile device
application.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3006 of Title 25, unless there
is created a duplication in numbering, reads as follows:
The provisions of Sections 3 and 4 of this act shall not become
effective until such time as a central bank digital currency is
adopted.
SECTION 7. This act shall become effective November 1, 2023.
59-1-2071 MR 4/3/2023 4:47:27 PM