Oklahoma 2024 Regular Session

Oklahoma House Bill HB3753 Compare Versions

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3-HB3753 HFLR Page 1
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29-HOUSE OF REPRESENTATIVES - FLOOR VERSION
30-
3128 STATE OF OKLAHOMA
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3330 2nd Session of the 59th Legislature (2024)
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3532 COMMITTEE SUBSTITUTE
3633 FOR
37-HOUSE BILL NO. 3753 By: Hardin of the House
38-
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40-
41- Woods of the Senate
34+HOUSE BILL NO. 3753 By: Hardin
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4740 COMMITTEE SUBSTITUTE
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4942 An Act relating to legal tender; defining terms;
5043 requiring acceptance of cash as legal tender;
5144 providing penalties and enforcement ; providing
5245 exception; providing for codification; providing an
5346 effective date; and declaring an emergency.
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5952 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6053 SECTION 1. NEW LAW A new section of law to be codified
6154 in the Oklahoma Statutes as Section 2200 of Title 25, unless there
6255 is created a duplication in numberin g, reads as follows:
6356 A. As used in this act:
6457 1. "At retail" shall include any retail transaction conducted
6558 in person and shall exclude:
6659 a. any telephone, mail, or Internet-based transactions,
6760 b. parking lots and parking garages ,
61+c. transactions at wholes ale clubs that sell consumer
62+goods and services through a membership model,
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95-c. transactions at wholes ale clubs that sell consumer
96-goods and services through a membership model,
9789 d. transactions at retail stores selling consum er goods
9890 exclusively through a membership model that requires
9991 payment by means of an affiliated mobile device
10092 application,
10193 e. transactions for the rental of consumer goods,
10294 services, or accommodations for which posting of
10395 collateral or security is t ypically required,
10496 f. consumer goods or services provided exclusively to
10597 employees and others authorized to be on the
10698 employer's premises, and
10799 g. member transactions at fitness centers, including
108100 payment of membership fees.
109101 B. A person or entity selling or offering for sale consumer
110102 goods or services at retail is prohibited from re fusing to accept
111103 cash as a form of payment to purchase goods or services.
112104 C. Any person or entity in violation of this act shall be
113105 subject to a warning for a first violation. A second violation
114106 shall be punishable by a fine not to exceed One Thousand Dollars
115107 ($1,000.00). A third or subsequent violation shall be p unishable by
116108 a fine not to exceed Two Thousand Five Hundred Dollars ( $2,500.00).
117109 The penalties in this subsection shall be enforced by the Office of
118110 the Attorney General. Fines collected by the O ffice of the Attorney
111+General shall be deposited in the Gen eral Revenue Fund of the State
112+Treasury.
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146-General shall be deposited in the Gen eral Revenue Fund of the State
147-Treasury.
148139 D. This act shall not apply to a retail establishment that
149140 provides a device on premises that converts cash, without charging a
150141 fee or requiring a minimum deposit amount greater than Five Dollars
151142 ($5.00), into a prepaid card that allows a consumer to complete a
152143 transaction at such retail establishment . Upon request, such device
153144 shall provide each consumer with a receipt indicating the amo unt of
154145 cash such consumer deposited onto the prepaid card. Cash deposits
155146 onto such a prepaid card shall not be subject to an expiration date
156147 and there shall be no limit on the number of transactions t hat may
157148 be completed on such prepaid card. In the event such retail
158149 establishment does not have a devi ce to convert cash to a prepaid
159150 card and cash is presented for payment, the n the retail
160151 establishment shall accept cash as payment for services or good s.
161152 SECTION 2. This act shall become effective July 1, 2024.
162153 SECTION 3. It being immediately necessary for the preservation
163154 of the public peace, health or safety, an emergency is hereby
164155 declared to exist, by reason whereof th is act shall take effect and
165156 be in full force from and after its passage an d approval.
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167-COMMITTEE REPORT BY: COMMITTEE ON BANKING, FINANCIAL SERVICES AND
168-PENSIONS, dated 02/13/2024 - DO PASS, As Amended and Coauthored.
158+59-2-10117 CMA 02/13/24
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