HB3281 103RD GENERAL ASSEMBLY

LRB103 29030 SPS 55416 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3281

Introduced 2/17/2023, by Rep. Edgar Gonzalez, Jr.

SYNOPSIS AS INTRODUCED:

815 ILCS 505/BBBB new

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that any person engaged in the business of selling or offering to sell goods or services at retail to the public with an individual accepting in-person payments at a physical location shall not: (1) refuse to accept cash as a form of payment for sales of less than $2,000 made at the physical location; (2) post a sign on the premises stating that cash payment is not accepted; or (3) charge a higher price to customers paying with cash compared to the price charged to customers not paying with cash. Provides for specified exceptions. Provides that any person who violates the provisions commits an unlawful practice within the meaning of the Act. Effective January 1, 2024.

A BILL FOR

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 adding Section BBBB as follows:

(815 ILCS 505/BBBB new)

Sec. BBBB. Retail businesses prohibited from refusing cash payments.

(a) As used in this Section, "cash" means the coin and paper money of the United States.

(b) Any person engaged in the business of selling or offering to sell goods or services at retail to the public with an individual accepting in-person payments at a physical location shall not:

(1) refuse to accept cash as a form of payment for sales of less than $2,000 made at such physical location;

(2) post a sign on the premises stating that cash payment is not accepted; or

(3) charge a higher price to customers paying with cash compared to the price charged to customers not paying with cash.

(c) The provisions of subsection (a) shall not apply to a person if the person:

(1) is unable to accept cash because of:

(A) a sales system failure that temporarily prevents the processing of cash payments; or

(B) a temporary insufficiency in cash on hand needed to provide change;

(2) provides customers with a device that converts cash into prepaid cards on the premises if:

(A) there is no fee for use of the device;

(B) the device does not require a minimum deposit of more than one dollar;

(C) any funds placed onto a prepaid card using the device do not expire;

(D) the device does not collect any personal identifying information from the customer; and

(E) there is no fee to use the prepaid card that the device produces; or

(3) is selling or offering to sell goods or services at retail to the public:

(A) as a street vendor;

(B) as a vendor at a temporary market or festival;

(C) from any business operating from a vehicle or other mobile space, such as a food truck; or

(D) from a temporary physical premises, such as a pop-up shop.

(d) A person who sells or offers to sell goods or services at retail at a physical location with more than one point of sale complies with this Section if no fewer than one point of sale at that physical location accepts cash. If the physical location includes one or more drive-through or drive-in points of sale, no fewer than one drive-through or drive-in point of sale at that physical location must accept cash.

(e) This Section does not apply to retail sales made via mail, telephone, or Internet.

(f) Nothing in this Section requires a person to accept $20 bills or any larger bill as payment for goods or services.

(g) Any person who violates this Section commits an unlawful practice within the meaning of this Act.

Section 99. Effective date. This Act takes effect on January 1, 2024.