101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3486

 

Introduced , by Rep. Aaron M. Ortiz

 

SYNOPSIS AS INTRODUCED:
 
New Act
30 ILCS 805/8.43 new

    Creates the Electronic Proof of Purchase Act. Provides that on and after January 1, 2022, a proof of purchase for the retail sale of food, alcohol, or other tangible personal property or for the provision of services provided to a consumer by a business shall be provided only in electronic form, unless the consumer requests that the proof of purchase be provided in paper form. Provides that the first and second violations of the Act shall result in a notice of violation, and any subsequent violation shall be punishable by a fine of $25 for each day the business is in violation, but not to exceed $300 annually. Provides that small businesses are exempt from the Act's provisions. Provides legislative findings. Amends the State Mandates Act to require implementation without reimbursement.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Electronic Proof of Purchase Act.
 
6    Section 5. Findings. The General Assembly finds:
7    (a) The report titled "Skip the Slip: Environmental Costs &
8Human Health Risks of Paper Receipts with Proposed Solutions"
9from Green America found that 10 million trees and 21 billion
10gallons of water in America are used to create proof of
11purchase receipts.
12    (b) Receipts generate 686 million pounds of waste and 12
13billion pounds of carbon dioxide, the equivalent of one million
14cars on the road, and most paper receipts contain chemicals
15that would contaminate other recyclable paper materials.
16    (c) The Green America report also found that 93% of paper
17receipts are coated with Bisphenol-A (BPA) or Bisphenol-S (BPS)
18chemicals, which the United States Food and Drug Administration
19has banned from baby bottles because those chemicals are known
20to disrupt hormones and cause cancerous tumors, birth defects,
21and other developmental issues.
22    (d) The BPA or BPS on receipts can enter people's bodies
23simply through touch, which poses a major risk to retail

 

 

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1workers, who have 30% more BPA or BPS found in their bodies
2than others who do not have regular contact with receipts.
3    (e) Data from Square, a company that provides mobile
4payment services, shows that their sellers send over 10 million
5digital receipts each month.
6    (f) Prohibiting businesses from providing paper receipts
7except upon request would have significant positive
8environmental and public health effects.
 
9    Section 10. Definitions. In this Act:
10    "Agency" means the Environmental Protection Agency.
11    "Consumer" means a person who purchases food, alcohol,
12other tangible personal property, or services and does not
13offer them for resale.
14    "Electronic form" includes, but is not limited to, a form
15sent through email or text message.
16    "Enforcement officer" means the Director, or agents or
17environmental health specialists appointed by the Agency, and
18all local health officers, directors of environmental health,
19and their duly authorized registered environmental health
20specialists and environmental health specialist trainees.
21    "Small business" has the meaning given in Section 1-75 of
22the Illinois Administrative Procedure Act.
 
23    Section 15. Electronic proof of purchase; exemption.
24    (a) On and after January 1, 2022, a proof of purchase for

 

 

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1the retail sale of food, alcohol, or other tangible personal
2property or for the provision of services provided to a
3consumer by a business shall be provided only in electronic
4form, unless the consumer requests that the proof of purchase
5be provided in paper form.
6    (b) This Act shall be enforced by an enforcement officer.
7The first and second violations of subsection (a) shall result
8in a notice of violation, and any subsequent violation shall be
9punishable by a fine of $25 for each day the business is in
10violation, but not to exceed $300 annually.
11    (c) Small businesses are exempt from the provisions of this
12Act.
 
13    Section 90. The State Mandates Act is amended by adding
14Section 8.43 as follows:
 
15    (30 ILCS 805/8.43 new)
16    Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8
17of this Act, no reimbursement by the State is required for the
18implementation of any mandate created by this amendatory Act of
19the 101st General Assembly.