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46 | 39 | | |
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47 | 40 | | COMMITTEE SUBSTITUTE |
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48 | 41 | | |
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49 | 42 | | An Act relating to legal tender; defining terms; |
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50 | 43 | | requiring acceptance of cash as legal tender; |
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51 | 44 | | providing penalties and enforcement ; providing |
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52 | 45 | | exception; providing for codification; providing an |
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53 | 46 | | effective date; and declaring an emergency. |
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55 | 48 | | |
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56 | 49 | | |
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57 | 50 | | |
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58 | 51 | | |
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59 | 52 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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60 | 53 | | SECTION 1. NEW LAW A new section of law to be codified |
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61 | 54 | | in the Oklahoma Statutes as Section 2200 of Title 25, unless there |
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62 | 55 | | is created a duplication in numberin g, reads as follows: |
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63 | 56 | | A. As used in this act: |
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64 | 57 | | 1. "At retail" shall include any retail transaction conducted |
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65 | 58 | | in person and shall exclude: |
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66 | 59 | | a. any telephone, mail, or Internet-based transactions, |
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67 | 60 | | b. parking lots and parking garages , |
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97 | 89 | | d. transactions at retail stores selling consum er goods |
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98 | 90 | | exclusively through a membership model that requires |
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99 | 91 | | payment by means of an affiliated mobile device |
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100 | 92 | | application, |
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101 | 93 | | e. transactions for the rental of consumer goods, |
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102 | 94 | | services, or accommodations for which posting of |
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103 | 95 | | collateral or security is t ypically required, |
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104 | 96 | | f. consumer goods or services provided exclusively to |
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105 | 97 | | employees and others authorized to be on the |
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106 | 98 | | employer's premises, and |
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107 | 99 | | g. member transactions at fitness centers, including |
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108 | 100 | | payment of membership fees. |
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109 | 101 | | B. A person or entity selling or offering for sale consumer |
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110 | 102 | | goods or services at retail is prohibited from re fusing to accept |
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111 | 103 | | cash as a form of payment to purchase goods or services. |
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112 | 104 | | C. Any person or entity in violation of this act shall be |
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113 | 105 | | subject to a warning for a first violation. A second violation |
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114 | 106 | | shall be punishable by a fine not to exceed One Thousand Dollars |
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115 | 107 | | ($1,000.00). A third or subsequent violation shall be p unishable by |
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116 | 108 | | a fine not to exceed Two Thousand Five Hundred Dollars ( $2,500.00). |
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117 | 109 | | The penalties in this subsection shall be enforced by the Office of |
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118 | 110 | | the Attorney General. Fines collected by the O ffice of the Attorney |
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148 | 139 | | D. This act shall not apply to a retail establishment that |
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149 | 140 | | provides a device on premises that converts cash, without charging a |
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150 | 141 | | fee or requiring a minimum deposit amount greater than Five Dollars |
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151 | 142 | | ($5.00), into a prepaid card that allows a consumer to complete a |
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152 | 143 | | transaction at such retail establishment . Upon request, such device |
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153 | 144 | | shall provide each consumer with a receipt indicating the amo unt of |
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154 | 145 | | cash such consumer deposited onto the prepaid card. Cash deposits |
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155 | 146 | | onto such a prepaid card shall not be subject to an expiration date |
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156 | 147 | | and there shall be no limit on the number of transactions t hat may |
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157 | 148 | | be completed on such prepaid card. In the event such retail |
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158 | 149 | | establishment does not have a devi ce to convert cash to a prepaid |
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159 | 150 | | card and cash is presented for payment, the n the retail |
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160 | 151 | | establishment shall accept cash as payment for services or good s. |
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161 | 152 | | SECTION 2. This act shall become effective July 1, 2024. |
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162 | 153 | | SECTION 3. It being immediately necessary for the preservation |
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163 | 154 | | of the public peace, health or safety, an emergency is hereby |
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164 | 155 | | declared to exist, by reason whereof th is act shall take effect and |
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165 | 156 | | be in full force from and after its passage an d approval. |
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166 | 157 | | |
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