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| | SB1979 Engrossed | | LRB103 29029 SPS 55415 b |
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1 | | AN ACT concerning business.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Consumer Fraud and Deceptive Business |
5 | | Practices Act is amended by adding Section 2BBBB as follows: |
6 | | (815 ILCS 505/2BBBB new) |
7 | | Sec. 2BBBB. Retail businesses prohibited from refusing |
8 | | cash payments. |
9 | | (a) As used in this Section: |
10 | | "Cash" means the coin and paper money of the United |
11 | | States. |
12 | | "Electronic payment" means a payment transaction that is |
13 | | initiated and processed using electronic or digital means. |
14 | | "Fuel station" means an establishment at which motor |
15 | | vehicles are refueled. |
16 | | "Grocery store" means a retail establishment where 50% or |
17 | | more of its gross sales include nonprescription medicines, |
18 | | uncooked article of foods, beverages, confections, and |
19 | | condiments used for or intended to be used for human |
20 | | consumption off premises. |
21 | | "Pharmacy" has the meaning set forth in subsection (a) of |
22 | | Section 3 of the Pharmacy Practice Act. |
23 | | "Prepaid card" means any secured instrument that uses an |
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1 | | account identification number that is not connected with a |
2 | | personal financial account to access deposited cash to |
3 | | purchase goods, services, or anything else of value. |
4 | | "Retail mercantile establishment" means a fuel station, |
5 | | pharmacy, restaurant, or grocery store. |
6 | | "Restaurant" means any business that is primarily engaged |
7 | | in the sale of ready-to-eat food for immediate consumption |
8 | | that comprises at least 51% of the total sales, excluding the |
9 | | sale of liquor. "Restaurant" does not include a temporary |
10 | | vendor at a market or festival, a business operating from a |
11 | | vehicle or other mobile space, or a street vendor. |
12 | | "Self-service checkout" means an interactive electronic |
13 | | terminal that facilitates an action or displays a piece of |
14 | | information and allows a consumer to pay for goods and |
15 | | services. |
16 | | (b) Each State or local agency or public utility or an |
17 | | authorized agent of the State or local agency or public |
18 | | utility shall provide a means to accept cash to pay any amount |
19 | | due of less than $750 to that State or local agency or public |
20 | | utility. |
21 | | (c) A retail mercantile establishment selling or offering |
22 | | to sell goods or services to the public that employs an |
23 | | individual to accept in-person payments at a physical location |
24 | | shall not: |
25 | | (1) refuse to accept cash as a form of payment for |
26 | | sales of less than $750 made at such physical location; |
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1 | | (2) post a sign on the premises stating that cash |
2 | | payment is not accepted; or |
3 | | (3) charge a higher price to customers paying with |
4 | | cash compared to the price charged to customers not paying |
5 | | with cash. |
6 | | (d) The provisions of subsection (c) shall not apply to: |
7 | | (1) self-service checkouts; |
8 | | (2) retail sales that occur between the times of 11 |
9 | | p.m. and 6 a.m. for restaurants, fuel stations, and |
10 | | grocery stores only; |
11 | | (3) a retail mercantile establishment that is unable |
12 | | to accept cash because of a sales system failure that |
13 | | temporarily prevents the processing of cash payments or a |
14 | | temporary insufficiency in cash on hand needed to provide |
15 | | change; |
16 | | (4) a retail mercantile establishment that sells |
17 | | consumer goods exclusively through a membership model |
18 | | requiring payment by means of an affiliated mobile device |
19 | | application or online application; |
20 | | (5) a retail mercantile establishment that sells |
21 | | consumer goods and services through a membership model; |
22 | | (6) a retail mercantile establishment that both (i) |
23 | | accepts prepaid cards as payment for goods and services; |
24 | | and (ii) provides a mechanism to convert cash to the |
25 | | prepaid card either at the point of sale, self-service |
26 | | checkout, or similar method within the retail mercantile |
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1 | | establishment; or |
2 | | (7) retail sales made by the telephone, internet, |
3 | | mobile application or other similar means but completed in |
4 | | person at the seller's location or retail sales made by |
5 | | the telephone, internet, mobile application, or other |
6 | | similar means but completed in person off-premises. |
7 | | (e) Notwithstanding paragraph (1) of subsection (d), a |
8 | | retail mercantile establishment subject to subsection (c) |
9 | | shall be deemed to comply with this Section if no fewer than |
10 | | one point of sale at that physical location accepts cash. |
11 | | (f) Nothing in this Section requires a person to accept |
12 | | any bills larger than $20 bills as payment for goods or |
13 | | services. |
14 | | (g) The regulation of accepting cash or electronic |
15 | | payments by retail mercantile establishments is an exclusive |
16 | | power and function of the State. A home rule unit may not |
17 | | regulate the acceptance of cash or electronic payments by a |
18 | | retail mercantile establishment that is inconsistent with this |
19 | | Section. This Section is a denial and limitation of home rule |
20 | | powers and functions under subsection (i) of Section 6 of |
21 | | Article VII of the Illinois Constitution. |
22 | | (h) Nothing in this Section shall be construed to limit, |
23 | | regulate, or prohibit the acceptance of electronic payments by |
24 | | a retail mercantile establishment. |
25 | | (i) A violation of this Section shall be a business |
26 | | offense and may be fined as follows: |
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1 | | (1) for a first violation, a fine not exceeding $50; |
2 | | (2) for a second violation within a 12-month period, a |
3 | | fine not exceeding $100; |
4 | | (3) for a third violation within a 12-month period, |
5 | | and any additional violation within a 12-month period, a |
6 | | fine of no more than $500. |
7 | | A retail mercantile establishment shall not be fined in |
8 | | excess of $5000 per year for violations under this Section.
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9 | | Section 99. Effective date. This Act takes effect January |
10 | | 1, 2024.
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