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SB-926 Business: retail stores: cash payments. (2019-2020)

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Date Published: 02/05/2020 09:00 PM
SB926:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 926


Introduced by Senator Hill

February 05, 2020


An act to add Part 5 (commencing with Section 18100) to Division 7 of the Business and Professions Code, relating to business.


LEGISLATIVE COUNSEL'S DIGEST


SB 926, as introduced, Hill. Business: retail stores: cash payments.
Existing law establishes the Department of Consumer Affairs, which is under the control of the Director of Consumer Affairs, and is composed of boards that license and regulate professions and vocations. Existing law establishes the Professions and Vocations Fund in the state treasury for those purposes, and provides that fine and penalty money in the fund is for use upon appropriation by the Legislature. Existing law requires the Director of Consumer Affairs to enforce, among other things, various requirements on businesses and licenses, as provided.
Existing federal law provides that 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.
This bill would require a retail store in this state to accept cash payment when offered as payment by a consumer for any transaction involving the sale or lease of goods or services, or both, unless a specified exception applies. The bill would define cash for these purposes to mean Federal Reserve Notes and metal coins issued by the United States as legal tender. The bill would require the Director of Consumer Affairs to enforce these provisions, and would impose civil penalties for a violation of these provisions, to be deposited into the Professions and Vocations Fund, as provided.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Part 5 (commencing with Section 18100) is added to Division 7 of the Business and Professions Code, to read:

PART 5. Retail Store Cash Payments

18100.
 (a) A retail store in this state shall accept cash payment when offered as payment by a consumer for any transaction involving the sale or lease of goods or services, or both.
(b) For purposes of this part, “cash” means Federal Reserve Notes and metal coins issued by the United States as legal tender pursuant to Section 5103 of Title 31 of the United States Code.

18101.
 This part shall not apply to any of the following:
(a) A retail store operating only online or through a catalogue that does not have a physical presence in the state.
(b) A retailer in the business of renting motor vehicles if that retailer accepts a cashier’s check or a certified check when offered as payment by a consumer.
(c) A retail store that is prohibited from accepting cash payments by any other provision of law.

18102.
 This part shall not be construed to require a retail store to do any of the following:
(a) Accept cash that the retailer reasonably suspects to be counterfeit.
(b) Accept Federal Reserve Notes in a denomination larger than a twenty-dollar ($20) bill.

18103.
 (a) The Department of Consumer Affairs shall enforce the provisions of this part.
(b) A violation of this part shall be punishable by a civil penalty of not less than twenty-five dollars ($25) nor more than five hundred dollars ($500), as determined by the department.
(c) The civil penalty shall be deposited in the Professions and Vocations Fund for the department’s use in enforcing this part.