Bill Summary for H 20 (2023-2024)

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Summary date: 

Apr 27 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 20 (Public) Filed Wednesday, January 25, 2023
Intro. by B. Jones, McNeely, Winslow, Lowery.

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Bill summary

House committee substitute to the 1st edition makes the following changes. Makes conforming changes to act’s long title. Increases the scope of new Article 51, GS Chapter 66 (Cash Commitment Act) to also require health care providers that accept in person payments to accept cash under the circumstances provided in the act. Makes conforming changes throughout. Amends GS 66-502(a) (prohibition on refusing cash) to change the first requirement for retail businesses and health care providers in accepting cash payments to only require that they accept cash during the hours in which the physical location is attended by an owner, operator, or other employee. Makes technical changes. Adds the following additional exemptions from GS 66-502(a): (1) goods are sold from a vending machine; (2) goods sold that are delivered to a customer outside of a physical location including, but not limited to, curbside pickup or delivery to the customer's location; (3) a customer chooses to purchase goods utilizing a device, including but not limited to a smartphone, prior to payment; (4) the payment is processed for a good or service outside the physical location of the business; (5) an employer provides goods or services to their employees, independent contractors, or vendors in an employer-owned facility; (6) a self-checkout device is utilized and the ability for the customer to utilize cash to purchase goods or services somewhere else in the business is available; (7) fuel is offered for sale when an employee of the business is not on duty at the place of business or when it is part of a membership club; (8) goods may be purchased and the location does not have an employee onsite whose primary job duties include accepting payment in any form; (9) payment is processed for vehicle wash services; (10) a hotel, motel, tourist home, or similar establishment that provides lodging for pay and requires its guests to pay an initial deposit; and (11) payment is required by credit card, charge card, or debit card as a security deposit for unforeseen damages or expenses associated with a short-term vehicle lease or rental. Also exempts the following locations from GS 66-502(a): venues that host any professional or interscholastic activity, rental car companies, and insurance producers. Exempts Consumer Finance Companies licensed and doing business under GS Chapter 53 or doing business pursuant to GS Chapter 25A from GS 66-502.

Amends GS 66-503 (right not to accept large bills) by now specifying that the Article does not require persons to accept $50 or larger bills (was, $100 bills or larger). Deletes sunset provision and requirement that 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. Deletes provisions requiring 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 $500 per violation, not to exceed $500 in any calendar month or $2,000 in any calendar year (was, $2,500 for first violations and up to $5,000 for subsequent violations). Provides that a person can avoid the civil penalty if they come into compliance with the Article within 30 days and remain in compliance. Allows the Superior Court, on complaint by the Secretary, to issue an injunction for violation of the Article. Deletes provisions establishing a private right of action for a person to seek relief against a person who violates the Article.