HB 5312 Clarification

June 2, 2021

On Friday I sent out a recap of the bills we passed last week. I have received messages to vote against a bill we already passed in the House last week due to some miscommunication on the contents of the bill. 

HB 5312, passed the House this week, prohibits the IMPOSITION of only cashless transaction. 

Here is the report on the bill to further explain what it does:

HB 5312: AN ACT CONCERNING ACCEPTABLE FORMS OF CURRENCY AS PAYMENT IN LOCAL BUSINESSES. 

SUMMARY:

With exceptions, this bill prohibits retailers from
(1) refusing cash as a form of payment, 
(2) posting signs stating that cash is not accepted, or 
(3) charging a higher price to customers who pay with cash. “Cash” means legal tender.

The bill’s prohibitions apply to retailers selling goods or services in person, except for transactions:
1. for parking at parking lots and parking garages; 
2. at membership-based wholesale clubs offering consumer goods or services; 
3. at membership-based retail stores offering consumer goods that require payment through an affiliated mobile device application; 
4. for consumer goods, services, or accommodations rentals that typically require posting collateral or security; and 
5. for consumer goods or services provided exclusively to employees and other non-customers authorized to be on the employer’s premises. 

The bill also explicitly exempts transactions conducted by telephone, mail, or the internet. 

Under the bill, the consumer protection commissioner may adopt implementing regulations.

*House Amendment “A” specifies that “cash” means legal tender and clarifies the exemption for consumer goods provided exclusively to employees and other authorized non-customers. 

EFFECTIVE DATE: October 1, 2021

I hope this helps clear the air around this bill.