SPONSOR:

Rep. Cooke

HOUSE OF REPRESENTATIVES

151st GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 2

TO

HOUSE BILL NO. 299

AMEND House Bill No. 299 by adding after line 22 and before line 23 the following:

(3) Transactions for the rental of consumer goods, services, or accommodations for which posting of collateral or security is typically required.

(4) Transactions at any sporting or entertainment event, including music festivals.

FURTHER AMEND House Bill NO. 299 on line 31 by adding after “ cards .” the following: “ This paragraph does not apply to a food store or retail establishment that provides a device on premises that converts cash into a prepaid card that allows a consumer to complete a transaction at such food store or retail establishments so long as the device on premises does all of the following:

a. Upon request, provides each customer with a receipt indicating the amount of cash such consumer deposited onto the prepaid card

b. Does not charge any fee or requires a deposit amount greater than $5.00.

c. Provides a prepaid card that is not subject to an expiration date, and has no limit on the number of transactions that may be completed with such card.

FURTHER AMEND House Bill No. 299 by deleting lines 32 and 33 in their entirety.

FURTHER AMEND House Bill No. 299 by deleting lines 45 through 55 in their entirety and redesignating accordingly.

SYNOPSIS

This amendment exempts from the definition of “retail store”, transactions for the rental of consumer goods, services, or accommodations for which posting collateral or security is typically required. This amendment also exempts transactions at any sporting or entertainment event, including music festivals. This Amendment also provides an exception to the prohibition against requiring consumer paying with cash to use automated machines that convert cash into prepaid cards. That exception is for food stores and retail establishments that provide a device on premises that converts cash into a prepaid card so long as the device meets certain requirements. This amendment also removes the provision creating a private right of action since the Division of Consumer Protection is authorized to interpret, implement and enforce the chapter. Finally, this amendment removes the provision prohibiting retail stores from having fewer checkout locations for consumers paying with cash than for consumers using non-cash methods.