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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
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*hb0191*
HOUSE BILL 191
I3, I4 (6lr1003)
ENROLLED BILL
— Economic Matters/Finance —
Introduced by Delegate Wims
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at _________________ _______ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Consumer Protection – Retail Transactions for Essential Consumer Goods – 2
Cash Payments 3
FOR the purpose of prohibiting a merchant, in a certain transaction between certain hours, 4
from prohibiting a person from making a cash payment to purchase a an essential 5
consumer good or service, requiring a person to purchase a an essential consumer 6
good or service by using a credit or debit card, or charging or collecting from a person 7
a fee higher price than for an equivalent cashless transaction for making a cash 8
payment for the purchase of a an essential consumer good or service , subject to 9
certain exceptions; establishing that a violation of this Act is an unfair, abusive, or 10
deceptive trade practice subject to certain enforcement and penalty provisions under 11
the Maryland Consumer Protection Act; and generally relating to retail cash 12
transactions for essential consumer goods. 13
BY repealing and reenacting, with amendments, 14
2 HOUSE BILL 191
Article – Commercial Law 1
Section 13–301(14)(xlvii) 2
Annotated Code of Maryland 3
(2025 Replacement Volume) 4
BY repealing and reenacting, without amendments, 5
Article – Commercial Law 6
Section 13–301(14)(xlviii) 7
Annotated Code of Maryland 8
(2025 Replacement Volume) 9
BY adding to 10
Article – Commercial Law 11
Section 13–301(14)(xlix) and 14–1330 12
Annotated Code of Maryland 13
(2025 Replacement Volume) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Commercial Law 17
13–301. 18
Unfair, abusive, or deceptive trade practices include any: 19
(14) Violation of a provision of: 20
(xlvii) Title 14, Subtitle 50 of this article; [or] 21
(xlviii) Section 13–411.1(c)(2) of the Transportation Article; or 22
(XLIX) SECTION 14–1330 OF THIS ARTICLE; OR 23
14–1330. 24
(A) (1) IN THIS SECTION, THE FOLLOWING WORDS HAVE THE MEANINGS 25
INDICATED. 26
(2) “CONSUMER GOODS” HAS THE MEANING STAT ED IN § 13–101 OF 27
THIS ARTICLE. 28
(3) “ESSENTIAL CONSUMER GOOD” MEANS: 29
(I) FOOD, INCLUDING HUMAN AND ANIMAL FOOD; 30
HOUSE BILL 191 3
(II) WATER, INCLUDING ICE, AND OTHER BEVERAGES; 1
(III) PERSONAL HYGIENE PROD UCTS, INCLUDING T OILETRIES 2
AND CLEANING PRODUCTS; 3
(IV) HEALTH PRODUCTS , INCLUDING MEDICINE , MEDICAL 4
SUPPLIES AND EQUIPMENT, AND PERSONAL PROTECTIVE EQUIPMENT; AND 5
(V) FUEL. 6
(4) “MERCHANT MERCHANT” HAS THE MEANING STATED IN § 13–101 7
OF THIS ARTICLE. 8
(5) “RETAIL ESTABLISHMENT ” MEANS AN ESTABLISHME NT THAT 9
SELLS CONSUMER GOODS TO THE PUBLIC. 10
(B) (1) THIS SECTION APPLIES ONLY TO AN IN –PERSON RETAIL 11
TRANSACTION AT A RETAIL ESTABLISHMENT TOTALING AT LEAST $5 AND LESS THAN 12
$300. 13
(2) THIS SECTION DOES NOT APPLY TO: 14
(I) A TELEPHONE, MAIL, OR INTERNET TRANSACTION; OR 15
(II) A VENDING MACHINE OR KIOSK TRANSACTION; OR 16
(III) A TRANSACTION WITH A M ERCHANT THAT SELLS T O THE 17
PUBLIC PRIMARILY: 18
1. FOOD OR BEVERAGES FOR ON–PREMISES 19
CONSUMPTION; OR 20
2. A LIMITED VARIETY OF G OURMET OR SPECIALTY 21
FOODS, INCLUDING CHEESES, FRUITS, NUTS, CANDY, SPICES, AND OILS; OR 22
(IV) THE PURCHASE OF FUEL FROM A MERCHANT THAT SELLS 23
FUEL TO THE PUBLIC BUT REQUIRES A PAID MEMBERSHIP TO PURCHASE THE FUEL. 24
(II) A TRANSACTION TO PAY TO PARK A VEHICLE IN: 25
1. A PARKING LOT OR GARAGE; OR 26
2. A METERED PARKING SPACE. 27
4 HOUSE BILL 191
(C) A EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, BETWEEN 1
THE HOURS OF 6 A.M. AND 10 P.M. A MERCHANT MAY NOT: 2
(1) PROHIBIT A PERSON FRO M MAKING A CASH PAYM ENT TO 3
PURCHASE A AN ESSENTIAL CONSUMER GOOD OR SERVICE; 4
(2) REQUIRE A PERSON TO U SE A CREDIT OR DEBIT CARD TO 5
PURCHASE A AN ESSENTIAL CONSUMER GOOD OR SERVICE; OR 6
(3) CHARGE OR COLLECT FRO M A PERSON A HIGHER PRICE THAN 7
CHARGED OR COLLECTED FOR AN EQUIVALENT CASHLESS TRANSACTION, WHETHER 8
OR NOT THE DIFFERENC E IN PRICE IS DESCRI BED AS A FEE, FOR MAKING A CASH 9
PAYMENT FOR THE PURCHASE OF A AN ESSENTIAL CONSUMER GOOD OR SERVICE. 10
(D) (1) A MERCHANT MAY PROHIBI T A PERSON FROM MAKING A CASH 11
PAYMENT FOR THE PURCHASE OF A CONSUMER GOOD: 12
(1) (I) IN A CASH DENOMINATION GREATER THAN $20; OR 13
(2) (II) IF THE MERCHANT: 14
(I) 1. PROVIDES AND MAINTAIN S A DEVICE ON THE 15
PREMISES OF THE ESTA BLISHMENT THAT CONVE RTS CASH INTO A PREPAID CARD 16
THAT A PERSON MAY US E TO PURCHASE A CONS UMER GOOD AT THE 17
ESTABLISHMENT; 18
(II) 2. DOES NOT CHARGE ANY FEE OR REQUIRE A DEPOSIT; 19
AND 20
(III) 3. IF THE DEVICE MALFUNC TIONS OR BECOMES 21
INOPERABLE, ACCEPTS PAYMENT IN C ASH IN ACCORDANCE W ITH THIS SECTION 22
UNTIL THE DEVICE RESUMES NORMAL OPERATIONS. 23
(2) A MERCHANT MAY COLLECT FROM A PERSON AN ADD ITIONAL 24
AMOUNT NOT EXCEEDING 4 CENTS WHEN ROUNDING THE PRICE FOR AN ESSENTIAL 25
CONSUMER GOOD IN ACCORDANCE WITH APPLICABLE LAW. 26
(D) (E) A VIOLATION OF THIS SECTION IS: 27
(1) AN UNFAIR , ABUSIVE, OR DECEPTIVE TRADE P RACTICE WITHIN 28
THE MEANING OF TITLE 13 OF THIS ARTICLE; AND 29
HOUSE BILL 191 5
(2) EXCEPT AS PROVIDED IN SUBSECTION (E) (F) OF THIS SECTION , 1
SUBJECT TO THE ENFOR CEMENT AND PENALTY P ROVISIONS CONTAINED IN TITLE 2
13 OF THIS ARTICLE. 3
(E) (F) (1) SECTIONS 13–410(A) AND (B) AND 13–411 OF THIS ARTICLE 4
DO NOT APPLY TO A VIOLATION OF THIS SECTION. 5
(2) THE DIVISION OF CONSUMER PROTECTION OF THE OFFICE OF 6
THE ATTORNEY GENERAL SHALL PROVIDE A MERCHANT W HO VIOLATES THIS 7
SECTION WITH AT LEAS T TWO SEPARATE OPPOR TUNITIES TO COMPLY W ITH THE 8
REQUIREMENTS OF THIS SECTION. 9
(3) (I) A MERCHANT WHO VIOLATE S THIS SECTION AFTER TWO 10
SEPARATE OPPORTUNITI ES TO COMPLY UNDER P ARAGRAPH (2) OF THIS 11
SUBSECTION IS SUBJEC T TO A FINE NOT EXCEED ING $5,000 $500 FOR EACH 12
VIOLATION. 13
(II) A MERCHANT WHO VIOLATES THIS SECTION AFTER HAVING 14
BEEN FINED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH IS SUBJECT TO A FINE 15
NOT EXCEEDING $10,000 $1,000 FOR EACH SUBSEQUENT VIOLATION. 16
(III) THE FINES PROVIDED FOR IN SUBPARAGRAPHS (I) AND (II) 17
OF THIS PARAGRAPH: 18
1. ARE CIVIL PENALTIES R ECOVERABLE IN 19
ACCORDANCE WITH § 13–410(C) OF THIS ARTICLE; AND 20
2. SHALL BE SET IN ACCORDANCE WITH § 13–410(D) OF 21
THIS ARTICLE. 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
October 1, 2026. 24
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.