Bill Summary for H 20 (2023-2024)

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Summary date: 

Jan 25 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 20 (Public) Filed Wednesday, January 25, 2023
AN ACT TO PROHIBIT RETAIL BUSINESSES AND HEALTH CARE PROVIDERS FROM REFUSING CASH PAYMENTS.
Intro. by B. Jones, McNeely, Winslow, Lowery.

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Bill summary

Enacts Article 51, GS Chapter 66 to be cited as the Cash Commitment Act. States the Articles purpose. Establishes a requirement for any person selling retail goods or services that accepts in-person payments at a physical location in the State to accept cash payments for sales made at that location. Prohibits charging customers paying cash higher prices than customers not paying in cash. Describes two instances in which the Article's provisions do not apply, including (1) instances of system failure that prevent processing cash payment or lack of sufficient cash to make change; or (2) the person provides a device at the location that converts cash to a prepaid card, subject to six specified criteria, including prohibiting charging a fee for use of the device. Specifies that the Article does not require persons to accept $100 or larger bills; sunsets this provision five years after October 1, 2023, at which time the Secretary of Commerce (Secretary) must have adopted a rule, then effective, to specify the denomination of bills persons are not required to accept under the Article. Requires acceptance of $1, $5, $10, and $50 bills. 

Allows the Secretary to adopt implementing rules and authorizes the Secretary to prescribe additional exceptions to the Article's requirements. Authorizes the Secretary to assess a civil penalty of up to $2,500 for first violations and up to $5,000 for subsequent violations. Establishes a private right of action for a person to seek relief against a person who violates the Article, as described. 

Effective October 1, 2023.