REFERENCE TITLE: businesses; requirement to accept cash

 

 

 

 

State of Arizona

House of Representatives

Fifty-sixth Legislature

Second Regular Session

2024

 

 

 

HB 2631

 

Introduced by

Representatives Chaplik: Carbone, Griffin, Heap, Hendrix, Jones, Kolodin, Marshall, McGarr, Montenegro, Nguyen, Parker B, Parker J, Peņa, Pingerelli, Smith

 

 

 

 

 

 

 

 

An Act

 

amending title 44, chapter 38, article 1, Arizona Revised Statutes, by adding section 44-7952; relating to businesses.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1. Heading change

The chapter heading of title 44, chapter 38, Arizona Revised Statutes, is changed from "BUSINESSES EXEMPT FROM MASK MANDATE" to "BUSINESSES GENERALLY".

Sec. 2. Title 44, chapter 38, article 1, Arizona Revised Statutes, is amended by adding section 44-7952, to read:

START_STATUTE44-7952. Retail businesses with physical locations in this state; requirements; acceptance of cash; cause of action; exemptions; definition

A. A retail business with a physical location in THIS state must accept cash as a form of payment for goods and services with an aggregate value of $100 or less and may not charge a fee or penalty for using cash as a form of payment.

B. Any person who is denied the right to use cash as a form of payment for goods or services or who is charged a fee or penalty for using cash as a form of payment has a cause of action against a person that violates subsection A of this section. A person that violates subsection A of this section is liable for damages for each violation in an amount of $1,000 but not more than $1,000 per person per day or $5,000 per person total. The prevailing plaintiff in an action shall also be entitled to recover reasonable attorney fees and costs.

C. The court shall annually adjust the damages set forth in subsection B of this section for inflation in accordance with the consumer price index as published by the United states department of LABOR, bureau of labor statistics.

D. This section does not apply to:

1. A written contract between two parties that dictates the acceptable form of payment.

2. The online sale of goods or services.

E. For the purposes of this section, "retail business" means every business classified under the retail classification pursuant to section 42-5061. END_STATUTE