Prohibits businesses from charging convenience fees on cash transactions.

S300 TR

SENATE, No. 300

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Senator SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

Senator� NICHOLAS P. SCUTARI

District 22 (Somerset and Union)

Co-Sponsored by:

Senators Diegnan and Mukherji

SYNOPSIS

���� Prohibits businesses from charging convenience fees
on cash transactions.

CURRENT VERSION OF TEXT

���� As reported by the Senate Commerce Committee with
technical review.

��

An Act

concerning cash payments and amending P.L.2019,
c.50.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 1 of P.L.2019,
c.50 (C.56:8-2.33) is amended to read as follows:

���� 1.� a.� A person selling or
offering for sale goods or services at retail shall not require a buyer to pay
using credit or prohibit cash as payment in order to purchase the goods or
services.� A person selling or offering for sale goods or services at retail
shall accept legal tender when offered by the buyer as payment
and shall not
add a convenience fee or other similar fee to the total sales price of the
goods or services when being offered legal tender as payment
.

���� b.��� A person in violation of
subsection a. of this section shall be subject to a civil penalty of up to
$2,500 for a first offense and up to $5,000 for a second offense, to be
collected in a civil action by a summary proceeding under the "Penalty
Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).� The
Superior Court shall have jurisdiction of proceedings for the enforcement of
the penalty provided by this section.�

���� A third violation of
subsection a. of this section is an unlawful practice under P.L.1960, c.39
(C.56:8-1 et seq.), and for the purposes of this subsection shall be considered
a first offense under P.L.1960, c.39 (C.56:8-1 et seq.).

���� A fourth or subsequent
violation of subsection a. of this section is an unlawful practice under
P.L.1960, c.39 (C.56:8-1 et seq.), and for the purposes of this subsection
shall be considered a subsequent offense under P.L.1960, c.39 (C.56:8-1 et
seq.).

���� c.���� The provisions of this
section shall not apply to:

���� (1)�� any person selling goods
or services at an airport, provided that at least two persons selling food at
each terminal within the airport accept cash as payment;

���� (2)�� any parking facility
owned by a municipality, regardless of whether the facility is operated by the
municipality, a parking authority, or an independent third party;

���� (3)�� any parking facility
that accepts mobile payment, provided that the facility does not accept payment
by any means other than mobile payment;

���� (4)�� any company in the
business of renting motor vehicles, provided that the company accepts a
cashier's check or a certified check when offered by a buyer as payment; and

���� (5)�� any sports or
entertainment venue with a seating capacity of 10,000 or more irrespective of
the event held at the venue.

���� d.��� As used in this section
[
,
]
:

���� "
[
at
]

At

retail"
[
shall
include
]

means
any retail transaction conducted in person and
[
exclude
]

excludes

any telephone, mail, or Internet-based transaction.

����
�Convenience fee or other
similar fee� means a fee passed on to a buyer for using legal tender at retail.

(cf: P.L.2021, c.28, s.1)

���� 2.��� This act shall take
effect immediately.