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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
businesses; requirement to accept cash
Purpose
Requires a retail business with a physical location in Arizona to accept cash as a form of payment for goods and services with an aggregate value of $100 or less.
Background
Statute outlines trade and commerce practices in general and for particular industries and transactions, including practices that are deemed unlawful (A.R.S. Title 44).
Legal tender means U.S. coins and currency, including Federal reserve notes and circulating notes of Federal reserve banks and national banks, for all debts, public charges, taxes and dues. Foreign gold or silver coins are not legal tender for debts (31 U.S.C. § 5103).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a retail business with a physical location in Arizona to accept cash as a form of payment for goods and services with an aggregate value of $100 or less.
2. Prohibits the retail business from charging a fee or penalty for using cash as a form of payment.
3. Asserts that any person has cause of action against the person that violates the requirement to accept cash if:
a) denied the right to use cash as a form of payment for goods and services; or
b) charged a fee or penalty for using cash as a form of payment.
4. Stipulates that a person who violates the requirement to accept cash is liable for damages for each violation in an amount of:
a) $1,000 but not more than $1,000 per person per day; or
b) $5,000 per person total.
5. Requires the prevailing plaintiff in an action to also be entitled to recover reasonable attorney fees and costs.
6. Requires the court to annually adjust the prescribed damages for inflation in accordance with the Consumer Price Index as published by the U.S. Department of Labor, Bureau of Labor Statistics.
7. Stipulates that the requirement to accept cash does not apply to:
a) a written contract between two parties that dictates the acceptable form of payment; or
b) the online sale of goods or services.
8. Defines retail business.
9. Makes a conforming change.
10. Becomes effective on the general effective date.
House Action
COM 2/7/23 DP 10-0-0
3rd Read 2/22/23 52-8-0
Prepared by Senate Research
March 13, 2023
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