MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Business and Financial Institutions; Judiciary, Division A

By: Senator(s) McMahan, Caughman, Seymour, McLendon, Butler

Senate Bill 2266

AN ACT TO CREATE THE "RESPECT THE CASH ACT"; TO PROHIBIT A PERSON SELLING OR OFFERING FOR SALE GOODS OR SERVICES AT RETAIL IN THIS STATE FROM REFUSING TO ACCEPT CASH AS A FORM OF PAYMENT FOR SUCH GOODS OR SERVICES; TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THE ACT; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  The provisions of this act shall be known and may be cited as the "Respect the Cash Act."

     (2)  A person selling or offering for sale goods or services at retail in this state shall not refuse to accept United States legal tender as a form of payment for such goods or services.  All such persons must accept United States legal tender when offered as payment by the buyer.  The provisions of this act shall not apply to transactions where:

          (a)  The seller reasonably believes the United States legal tender is counterfeit;

          (b)  A contract between the buyer and seller exists requiring electronic form of payment;

          (c)  Electronic devices offer twenty-four-hour service without an attendant.

     (3)  All public and private utilities based in the State of Mississippi shall accept United States legal tender as a form of payment.

     (4)  All state and local government entities shall accept United States legal tender as a form of payment.

     (5)  Any person who willfully and intentionally violates any provision of this act shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding One Hundred Dollars ($100.00).  For each subsequent violation, a person shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding Five Hundred Dollars ($500.00).

     (6)  As used in this section, "at retail" shall include any retail transaction conducted in person and exclude any telephone, mail, or internet-based transaction.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2021.