ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: COM DP 10-0-0-0

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 2683: businesses; requirement to accept cash

Sponsor: Representative Chaplik, LD 3

Caucus & COW

Overview

Stipulates that cash must be accepted as a form of payment by businesses located in this state.

History

Statute defines legal tender as a medium of exchange, including specie, that is authorized by the United States Constitution or Congress for payment of debts, public charges, taxes and dues (A.R.S. § 6-851).

Legal tender is federally defined as United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) are legal tender for all debts, public charges, taxes and dues. Foreign gold or silver coins are not legal tender for debts (31 U.S.C. § 5103).

Provisions

1.   Requires a retail business with a physical location in this state to accept cash as a form of payment for goods and services with an aggregate value of $100 or less. (Sec. 2)

2.   Prohibits the retail business from charging a fee or penalty for using cash as a form of payment. (Sec. 2)

3.   Asserts 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; or

b)   charged a fee or penalty for using cash as a form of payment. (Sec. 2)

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. (Sec. 2)

5.   Entitles the prevailing plaintiff in an action to recover reasonable attorney fees and costs. (Sec. 2)

6.   Directs the court to annually adjust the prescribed liability damage amounts for inflation in accordance with the Consumer Price Index. (Sec. 2)

7.   Specifies that the requirement for a retail business 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. (Sec. 2)

8.    Defines retail business. (Sec. 2)

9.   Makes a technical change. (Sec. 1)

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13.                    HB 2683

14.  Initials PB           Page 0 Caucus & COW

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