Public Act 095-0525
 		





HB0369 Enrolled
LRB095 05251 LCT 25328 b






    AN ACT concerning business.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:

 
    Section 5. The Consumer Fraud and Deceptive Business 
Practices Act is amended  by changing and renumbering Section 
2QQ, as added by  Public Act 93-945, as follows:
 


    (815 ILCS 505/2SS)


    Sec. 2SS
2QQ. Gift certificates.
    (a)  "Gift certificate" means a record evidencing a promise, 
made for consideration, by the seller or issuer of the record 
that goods or services will be provided to the holder of the 
record for the value shown in the record and includes, but is 
not limited to, a record that contains a microprocessor chip, 
magnetic stripe or other means for the storage of information 
that is prefunded and for which the value is decremented upon 
each use, a gift card, an electronic gift card, stored-value 
card or certificate, a store card or a similar record or card.  
For purposes of this Act, the term "gift certificate" does not 
include any of the following:
        (i)  prepaid telecommunications and technology cards 
    including, but not limited
to, prepaid telephone calling 
    cards, prepaid technical support cards, and prepaid 
    Internet disks that are distributed to or purchased by a 
    consumer;
        (ii)  prepaid telecommunications and technology cards 
    including, but not
limited to, prepaid telephone calling 
    cards, prepaid technical support cards, and prepaid 
    Internet disks that are provided to a consumer pursuant to 
    any award, loyalty, or promotion program without any money 
    or other thing of value being given in exchange for the 
    card; or
        (iii)  any gift certificate usable with multiple 
    sellers of goods or services.
    (b)   On or after January 1, 2008, no person shall sell a 
gift certificate that is subject to: (1) an expiration date 
earlier than 5 years after the date of issuance; or (2) a 
post-purchase fee.
Any gift certificate issued prior to January 
1, 2008 that is subject to a fee must contain a statement 
clearly and conspicuously printed on the gift certificate 
stating whether there is a fee, the amount of the fee, how 
often the fee will occur, that the fee is triggered by 
inactivity of the gift certificate, and at what point the fee 
will be charged. The statement may appear on the front or back 
of the gift certificate in a location where it is visible to 
any purchaser prior to the purchase.
    (c) The face value of a gift certificate issued on or after 
January 1, 2008 may not be reduced in value and the holder of a 
gift certificate issued after January 1, 2008 may not be 
penalized in any way for non-use or untimely redemption of the 
gift certificate.
Any gift certificate issued prior to January 
1, 2008 that is subject to an expiration date must contain a 
statement clearly and conspicuously printed on the gift 
certificate stating the expiration date. The statement may 
appear on the front or back of the gift certificate in a 
location where it is visible to any purchaser prior to the 
purchase.
    (d)
Subsection (c) does not apply to any gift certificate 
issued prior to January 1, 2008 that contains a toll free phone 
number and a statement clearly and conspicuously printed on the 
gift certificate stating that holders can call the toll free 
number to find out the balance on the gift certificate, if 
applicable, and the expiration date. The toll free number and 
statement may appear on the front or back of the gift 
certificate in a location where it is visible to any purchaser 
prior to the purchase.
    (e)  This Section does not apply to any of the following 
gift certificates:
        (i)  Gift certificates that are distributed by the 
    issuer to a consumer pursuant to an
awards, loyalty, or 
    promotional program without any money or thing of value 
    being given in direct exchange or solely for the gift 
    certificate by the consumer.
        (ii)  Gift certificates that are sold below face value 
    at a volume discount to employers or to nonprofit and 
    charitable organizations for fundraising purposes if the 
    expiration date on those gift certificates is not more than 
    30 days after the date of sale.
        (iii) Gift certificates that are issued for a food 
    product.

(Source: P.A. 93-945, eff. 1-1-05; revised 11-10-04.)


 
    Section 99. Effective date. This Act takes effect January 
1, 2008.