,,ii #aagth ,,congress #b;d ,session ,s4 #ddig ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bc1 #bjbb,mr4 ,menendez 7for himself and ,mr4 ,cramer7 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to prohibit retail businesses from refusing cash payments1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,payment ,choice ,act of #bjbb4 #b4 ,sense of ,congress ,it is the sense of ,congress that every consumer has the right to use cash at retail businesses who accept in-person payments4 #c4 ,retail businesses prohibited from refusing cash payments 7a7 ,in general ,subchapter ,i of chapter #ea of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 #eajd4 ,retail businesses prohibited from refusing cash payments 7a7 ,in general ,any person engaged in the business of selling or offering goods or services at retail to the public with a person accepting in-person payments at a physical location 7including a person accepting payments for telephone1 mail1 or internet-based transactions who is accepting in-person payments at a physical location7-- 7#a7 shall accept cash as a form of payment for sales of less than #b1jjj made at such physical location2 and 7#b7 may not charge cash-paying customers a higher price compared to the price charged to customers not paying with cash4 7b7 ,exceptions 7#a7 ,in general ,subsection 7a7 shall not apply to a person if such person-- 7,a7 is unable to accept cash because of-- 7i7 a sale system failure that temporarily prevents the processing of cash payments2 or 7ii7 a temporary insufficiency in cash on hand needed to provide change2 or 7,b7 provides customers with the means1 on the premises1 to convert cash into a card that is either a general-use prepaid card1 a gift card1 or an access device for electronic fund transfers for which-- 7i7 there is no fee for the use of the card2 7ii7 there is not a minimum deposit amount greater than #a dollar2 7iii7 amounts loaded on the card do not expire1 as required under paragraph 7#b72 7iv7 there is no collection of any personal identifying information from the customer2 7v7 there is no fee to use the card2 and 7vi7 there may be a limit to the number of transactions on such cards4 7#b7 ,inactivity ,a person seeking exception from subsection 7a7 may charge an inactivity fee in association with a prepaid card offered by such person if-- 7,a7 there has been no activity with respect to the card during the #ab-month period ending on the date on which the inactivity fee is imposed2 7,b7 not more than #a inactivity fee is imposed in any #a-month period2 and 7,c7 it is clearly and conspicuously stated1 on the face of the mechanism that issues the card and on the card-- 7i7 that an inactivity fee or charge may be imposed2 7ii7 the frequency at which such inactivity fee may be imposed2 and 7iii7 the amount of such inactivity fee4 7c7 ,right ,to not accept large bills 7#a7 ,in general ,notwithstanding subsection 7a71 for the #e-year period beginning on the date of enactment of this section1 this section shall not require a person to accept cash payments in #ej bills or any larger bill4 7#b7 ,rulemaking 7,a7 ,in general ,the ,secretary shall issue a rule on the date that is #e years after the date of the enactment of this section with respect to any bills a person is not required to accept4 7,b7 ,requirement ,when issuing a rule under subparagraph 7,a71 the ,secretary shall require persons to accept #a1 #e1 #aj1 #bj1 and #ej bills4 7d7 ,enforcement 7#a7 ,preventative relief ,whenever any person has engaged1 or there are reasonable grounds to believe that any person is about to engage1 in any act or practice prohibited by this section1 a civil action for preventive relief1 including an application for a permanent or temporary injunction1 restraining order1 or other order may be brought against such person4 7#b7 ,civil penalties ,any person who violates this section shall-- 7,a7 be liable for actual damages2 7,b7 be fined not more than #b1ejj for a first offense2 and 7,c7 be fined not more than #e1jjj for a second or subsequent offense4 7#c7 ,jurisdiction ,an action under this section may be brought in any ,united ,states district court1 or in any other court of competent jurisdiction4 7#d7 ,intervention of attorney general ,upon timely application1 a court may1 in its discretion1 permit the ,attorney ,general to intervene in a civil action brought under this subsection1 if the ,attorney ,general certifies that the action is of general public importance4 7#e7 ,authority to appoint court-paid attorney ,upon application by an individual and in such circumstances as the court may determine just1 the court may appoint an attorney for such individual and may authorize the commencement of a civil action under this subsection without the payment of fees1 costs1 or security4 7#f7 ,attorney's fees ,in any action commenced pursuant to this section1 the court1 in its discretion1 may allow the prevailing party1 other than the ,united ,states1 a reasonable attorney's fee as part of the costs1 and the ,united ,states shall be liable for costs the same as a private person4 7#g7 ,requirements in certain states and local areas ,in the case of an alleged act or practice prohibited by this section which occurs in a ,state1 or political subdivision of a ,state1 which has a ,state or local law prohibiting such act or practice and establishing or authorizing a ,state or local authority to grant or seek relief from such act or practice or to institute criminal proceedings with respect thereto upon receiving notice thereof1 no civil action may be brought hereunder before the expiration of #cj days after written notice of such alleged act or practice has been given to the appropriate ,state or local authority by registered mail or in person1 provided that the court may stay proceedings in such civil action pending the termination of ,state or local enforcement proceedings4 7e7 ,greater protection under ,state law ,this section shall not preempt any law of a ,state1 the ,district of ,columbia1 a ,tribal government1 or a territory of the ,united ,states if the protections that such law affords to consumers are greater than the protections provided under this section4 7f7 ,rulemaking ,the ,secretary shall issue such rules as the ,secretary determines are necessary to implement this section1 which may prescribe additional exceptions to the application of the requirements described in subsection 7a74 7g7 ,annual reports on the geographic distribution of automated teller machines owned by federally insured depository institutions ,beginning on the date that is #a year after the date of enactment of this section1 and annually thereafter1 the ,federal ,deposit ,insurance ,corporation1 with respect to depository institutions insured by the ,corporation1 and the ,national ,credit ,union ,administration1 with respect to credit unions insured by the ,national ,credit ,union ,share ,insurance ,fund1 shall submit the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate and the ,committee on ,financial ,services of the ,house of ,representatives a report that provides-- 7#a7 the number of automated teller machines owned and in service by each institution insured by such agency2 7#b7 the location of each such automated teller machine that is installed at a fixed site2 and 7#c7 the approximate geographic range or radius within which mobile automated teller machines owned by any such institution are deployed4 4 7b7 ,clerical amendment ,the table of contents for chapter #ea of title #ca1 ,united ,states ,code1 is amended by inserting after the item relating to section #eajc the following3 #eajd4 ,retail businesses prohibited from refusing cash payments4 4