HB1112: HB1112 Commerce and trade; rounding of total price of sale of goods or services when using legal tender; provide

26 HB 1112/AP House Bill 1112 (AS PASSED HOUSE AND SENATE) By: Representatives Barrett of the 24th, Martin of the 49th, Cox of the 28th, Blackmon of the 146th, Smith of the 138th, and others A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling1 and other trade practices, so as to provide for rounding of total price of the sale of goods or2 services when using legal tender; to provide for payment in exact change when using legal3 tender; to provide for tax exemptions; to provide for certain i mmunities; to provide for4 definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other8 trade practices, is amended by adding a new article to read as follows:9 "ARTICLE 3810 10-1-970.11 As used in this article, the term:12 (1) 'Legal tender' means all coins and currencies of the United States.13 H. B. 1112 - 1 - 26 HB 1112/AP (2) 'Merchant' means any person engaged in the business of sel ling goods or services14 engaging in in-person, face-to-face sales.15 10-1-971.16 (a) Notwithstanding any law to the contrary, any merchant in this state shall determine the17 price of goods and services in the following manner for purchases using legal tender:18 (1) The prices of the goods and services shall be totaled, inc luding sales tax and any19 other applicable tax; and20 (2) If one cent, two cents, six cents, or seven cents is at th e end of the resulting total,21 such total shall be rounded down to the nearest five cents. If three cents, four cents, eight22 cents, or nine cents is at the end of the resulting total, such total shall be rounded up to23 the nearest five cents. Such rounding adjustment shall not be interpreted as impacting the24 sales price of the purchase pursuant to Code Section 48-8-2 or the calculation of any25 other tax.26 (b) The provisions of this Code section shall not apply to transactions for which the total27 amount is one or two cents, where such total shall be rounded u p to five cents, or28 transactions where payment is made by any demand or negotiable instrument, electronic29 funds transfer, money order, credit card, debit card, gift card, electronic payment, other like30 instrument, or mixed tender, unless cash is disbursed to the purchaser.31 (c) Rounding to the nearest five cents may apply to the amount of the transaction or to the32 amount of change tendered to the purchaser.33 (d) While the one-cent piece of the United States remains legal tender, any merchant shall34 accept exact payment in legal tender for the total amount due c omputed prior to any35 rounding.36 (e) No tax imposed by this state or any local governing authority shall apply to losses or37 gains resulting from rounding pursuant to this Code section.38 H. B. 1112 - 2 - 26 HB 1112/AP (f) Any merchant selling goods or services shall not be in violation of any requirements,39 laws, regulations, or standards of a state, county, municipality, consolidated government,40 or political subdivision of this state based on any action taken in compliance with this Code41 section."42 SECTION 2.43 All laws and parts of laws in conflict with this Act are repealed.44 H. B. 1112 - 3 -