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WEST virginia legislature
2024 regular session
Committee Substitute
for
House Bill 4941
By Delegates Crouse, Petitto, Lucas, Moore, and Smith
[Introduced January 25, 2024; Referred to the Committee on Judiciary]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §31-22-1 and §31-22-2, prohibiting discrimination against cash buyers of food, goods and services physically present in a place of business; excepting retailers who provide a device that converts cash, without charging a fee for the conversion nor a deposit amount greater than five U.S. dollars, into a pre-paid card, authorizing rulemaking by the West Virginia Treasurer and Department of Commerce, establishing a fine for violation, and establishing an effective date; all relating to requiring businesses in West Virginia to accept cash as a form of payment.
Be it enacted by the Legislature of West Virginia:
(a) Any retail mercantile establishment in which food is prepared, sold, or served in this state, or other establishment offering goods or services for sale shall accept United States currency – cash – as legal tender when offered as payment. Such establishment shall not discriminate against a cash buyer by requiring the use of a credit or debit card or electronic payment device or process in order to purchase food, goods, or services. This section shall not apply to telephone, mail order, electronic, online, or other transactions in which the buyer is not present in the establishment's physical place of business: “Provided, That the requirement for a retailer to accept cash, shall not apply to a retail establishment that provides on premises, or in the case of mobile vehicular-based businesses in or on the mobile vehicular-based business, a device that converts cash, without charging a fee for the conversion nor a deposit amount greater than five U.S. dollars, into a pre-paid card that will allow a consumer to complete a transaction at such retail establishment. The device must:
(1) Upon request provide each consumer with a receipt indicating the amount of cash such consumer deposited onto the prepaid card; and
(2) Issue pre-paid cards in the amount of the full value of the cash deposited and such cards shall have no expiration date nor limit the number of transactions which may be completed by the consumer with such card.
(b) The West Virginia Treasurer's Office may make regulations to implement this section, including authorization of exemptions or exclusions from this section. Exemptions or exclusions under this section may be provided based on criteria including, but not limited to, the nature of the establishment; the nature of the food, goods, or services; the denomination of currency used; or the amount of the transaction.
(c) A violation of this section shall be punishable by a fine not to exceed $500.
(d) The term “retail mercantile establishment” as used in §31-22-1 of the code, shall exclude banks as defined in Chapter 31A of the code, and credit unions as defined in Chapter 31C of the code for deposit transactions greater than $10,000.00 U.S. dollars.
This article shall take effect January 1, 2025. The West Virginia Department of Commerce may make regulations and take other actions reasonably necessary to implement this act on that date.
NOTE: The purpose of this bill is to require retail businesses in West Virginia to accept cash as a form of payment when tendered by a West Virginia consumer.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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