Cash Payments Amendments

30
13-2-1
13-82-101
13-82-102
13-82-103
13-82-104
63G-34-101
5
0
Cash Payments Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kristen Chevrier
Senate Sponsor: Heidi Balderree
LONG TITLE
General Description:
This bill requires the acceptance of cash payments.
Highlighted Provisions:
This bill:
defines terms;
requires suppliers and government entities that accept digital or card payments at a
physical point of sale to also accept cash payments;
requires a supplier or government entity with multiple checkout locations to maintain at
least one physical point of sale that accepts cash at each place of business or office;
permits a supplier or government entity to require exact change, to round payments, or to
provide change in the form of store credit, subject to specified limitations;
creates limited exceptions for transactions that require a security deposit on a credit card
or a credit card number to cover contingent expenses;
exempts suppliers that employ fewer than ten employees, based on the preceding calendar
year's monthly average employment; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
13-2-1
, as last amended by Laws of Utah 2025, Chapter 468
ENACTS:
13-82-101
, Utah Code Annotated 1953
13-82-102
, Utah Code Annotated 1953
13-82-103
, Utah Code Annotated 1953
13-82-104
, Utah Code Annotated 1953
63G-34-101
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
13-2-1
is amended to read:
13-2-1
. Consumer protection division established -- Functions.
(1)
There is established within the Department of Commerce the Division of Consumer
Protection.
(2)
The division shall administer and enforce the following:
(a)
Chapter 10a, Music Licensing Practices Act;
(b)
Chapter 11, Utah Consumer Sales Practices Act;
(c)
Chapter 15, Business Opportunity Disclosure Act;
(d)
Chapter 20, New Motor Vehicle Warranties Act;
(e)
Chapter 21, Credit Services Organizations Act;
(f)
Chapter 22, Charitable Solicitations Act;
(g)
Chapter 23, Health Spa Services Protection Act;
(h)
Chapter 25a, Telephone and Facsimile Solicitation Act;
(i)
Chapter 26, Telephone Fraud Prevention Act;
(j)
Chapter 28, Prize Notices Regulation Act;
(k)
Chapter 32a, Pawnshop, Secondhand Merchandise, and Catalytic Converter
Transaction Information Act;
(l)
Chapter 34, Utah Postsecondary School and State Authorization Act;
(m)
Chapter 41, Price Controls During Emergencies Act;
(n)
Chapter 42, Uniform Debt-Management Services Act;
(o)
Chapter 49, Immigration Consultants Registration Act;
(p)
Chapter 51, Transportation Network Company Registration Act;
(q)
Chapter 52, Residential Solar Energy Consumer Protection Act;
(r)
Chapter 53, Residential Vocational or Life Skills Program Act;
(s)
Chapter 54, Ticket Website Sales Act;
(t)
Chapter 56, Ticket Transferability Act;
(u)
Chapter 57, Maintenance Funding Practices Act;
(v)
Chapter 61, Utah Consumer Privacy Act;
(w)
Chapter 64, Vehicle Value Protection Agreement Act;
(x)
Chapter 65, Utah Commercial Email Act;
(y)
Chapter 67, Online Dating Safety Act;
(z)
Chapter 68, Lawyer Referral Consultants Registration Act;
(aa)
Chapter 70, Automatic Renewal Contracts Act;
(bb)
Chapter 71, Utah Minor Protection in Social Media Act;
(cc)
Chapter 72a, Artificial Intelligence Applications Relating to Mental Health;
(dd)
Chapter 78, Earned Wage Access Services Act;
and
(ee)
Chapter 81, Utah Digital Choice Act
.
; and
(ff)
Chapter 82, Supplier Cash Act.
(3)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make rules to establish:
(a)
a public list that identifies a person that:
(i)
violates a chapter described in Subsection
(2)
;
(ii)
without proper legal justification, fails to comply with an order, subpoena,
judgment, or other legal process issued by:
(A)
the division; or
(B)
a court of competent jurisdiction; or
(iii)
breaches a settlement agreement, stipulation, assurance of voluntary compliance,
or similar instrument signed by the person and the division; and
(b)
a process by which a person may be removed from the list the division establishes as
described in Subsection
(3)(a)
.
Section 2. Section
13-82-101
is enacted to read:
82. Supplier Cash Act
13-82-101
. Definitions.
As used in this chapter:
(1)
"Cash" means United States coins and currency that are legal tender.
(2)
"Physical point of sale" means a location at a supplier's place of business where a
consumer provides payment in exchange for a good or a service.
(3)
(a)
"Store credit" means a stated monetary value a consumer may use toward the
purchase of goods or services from the supplier that is only redeemable with the
supplier or an affiliate of the supplier.
(b)
"Store credit" does not include:
(i)
legal tender;
(ii)
a general-use prepaid card; or
(iii)
a gift certificate that is redeemable for cash.
(4)
"Supplier" means a seller, lessor, assignor, offeror, broker, or other person that regularly
solicits, engages in, or enforces a sales transaction.
Section 3. Section
13-82-102
is enacted to read:
13-82-102
. Supplier requirements.
(1)
This section applies to a supplier that provides a physical point of sale and offers a good
or a service to a consumer.
(2)
A supplier that accepts a digital or a card payment in person shall also accept payment
in cash in exchange for a good or a service.
(3)
(a)
A supplier with more than one physical point of sale satisfies the requirement
under Subsection
(2)
if there is at least one physical point of sale that accepts cash.
(b)
A supplier shall comply with Subsection
(3)(a)
at each place of business where the
supplier provides a physical point of sale.
(4)
This section does not require a supplier to accept cash for a transaction that requires:
(a)
a security deposit to be placed on a credit card; or
(b)
a credit card number to cover unforeseen or contingent expenses.
(5)
Nothing in this section prohibits a supplier from adopting a policy that:
(a)
requires a consumer to provide exact change;
(b)
permits the supplier to round payment from the consumer; or
(c)
permits the supplier to only provide change back to the consumer in the form of store
credit.
(6)
This section does not apply to the state, a state agency, or a political subdivision, which
are governed by Section
63G-34-101
.
Section 4. Section
13-82-103
is enacted to read:
13-82-103
. Enforcement.
(1)
The division shall administer and enforce the provisions of this chapter in accordance
with Chapter 2, Division of Consumer Protection.
(2)
The attorney general, upon request, shall give legal advice to, and act as counsel for, the
division in the exercise of the division's responsibilities under this chapter.
(3)
(a)
In addition to the division's enforcement powers under Chapter 2, Division of
Consumer Protection:
(i)
the division director may impose an administrative fine of up to $2,500 for each
violation of this chapter; and
(ii)
the division may bring an action in a court of competent jurisdiction to enforce a
provision of this chapter.
(b)
In a court action by the division to enforce a provision of this chapter, the court may:
(i)
declare that an act or practice violates a provision of this chapter;
(ii)
issue an injunction for a violation of this chapter;
(iii)
order disgorgement of any money received in violation of this chapter;
(iv)
order payment of disgorged money to an injured purchaser or consumer;
(v)
impose a fine of up to $2,500 for each violation of this chapter; or
(vi)
award any other relief that the court deems reasonable and necessary.
(4)
If a court of competent jurisdiction grants judgment or injunctive relief to the division,
the court shall award the division:
(a)
reasonable attorney fees;
(b)
court costs; and
(c)
investigative fees.
(5)
(a)
A person who violates an administrative or court order issued for a violation of
this chapter is subject to a civil penalty of no more than $5,000 for each violation.
(b)
A civil penalty authorized under this section may be imposed in any civil action
brought by the attorney general on behalf of the division.
(6)
All money received for the payment of a fine or civil penalty imposed under this section
shall be deposited into the Consumer Protection Education and Training Fund created in
Section
13-2-8
.
(7)
Nothing in this chapter shall displace an available remedy or a right authorized under
the laws of this state or the United States.
Section 5. Section
13-82-104
is enacted to read:
13-82-104
. Exemptions.
(1)
This chapter does not apply to a supplier that employs fewer than ten employees.
(2)
For purposes of this section, a supplier shall determine the supplier's number of
employees based on the monthly average number of full-time and part-time employees
employed during the preceding calendar year.
Section 6. Section
63G-34-101
is enacted to read:
34. Government Cash Act
63G-34-101
. Acceptance of cash.
(1)
As used in this section:
(a)
"Cash" means United States coins and currency that are legal tender.
(b)
"Government entity" means the same as that term is defined in Section
63G-2-103
.
(c)
"Physical point of sale" means a location at a government entity's physical office
where a consumer provides payment in exchange for a good, a service, or the
payment of a fee.
(2)
This section applies to a government entity that provides a physical point of sale and:
(a)
offers a good or a service to the public; or
(b)
accepts the payment of a fee from the public.
(3)
A government entity that accepts a digital or a card payment in person shall also accept
payment in cash in exchange for a good, a service, or the payment of a fee.
(4)
(a)
A government entity with more than one physical point of sale satisfies the
requirement under Subsection
(3)
if there is at least one physical point of sale that
accepts cash.
(b)
A government entity shall comply with Subsection
(4)(a)
at each place of business
where the government entity provides a physical point of sale.
(5)
This section does not require a government entity to accept cash for a transaction that
requires:
(a)
a security deposit to be placed on a credit card; or
(b)
a credit card number to cover unforeseen or contingent expenses.
(6)
Nothing in this section prohibits a government entity from adopting a policy requiring a
consumer to provide exact change.
Section 7.
Effective Date.
This bill takes effect on
July 1, 2027
.
2-18-26 4:41 PM