HB4592 - 104th General Assembly
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| 1 | AMENDMENT TO HOUSE BILL 4592 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 4592 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 1. Short title. This Act may be cited as the | ||||||
| 5 | Retail Cash Payment Act. | ||||||
| 6 | Section 5. Definitions. As used in this Act: | ||||||
| 7 | "Cash" means the coin and paper money of the United | ||||||
| 8 | States. | ||||||
| 9 | "Fuel station" means a retail establishment at which motor | ||||||
| 10 | vehicles are refueled. | ||||||
| 11 | "Grocery store" means a retail establishment where 55% or | ||||||
| 12 | more of its sales consist of nonprescription medicines, | ||||||
| 13 | uncooked foods, beverages, confections, and condiments used | ||||||
| 14 | for or intended to be used for human consumption off-premises. | ||||||
| 15 | "Person" means an individual, natural person, public or | ||||||
| 16 | private corporation, unincorporated association, or other | ||||||
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| 1 | entity. | ||||||
| 2 | "Pharmacy" has the meaning set forth in subsection (a) of | ||||||
| 3 | Section 3 of the Pharmacy Practice Act. | ||||||
| 4 | "Prepaid card" means any secured instrument that uses an | ||||||
| 5 | account identification number that is not connected with a | ||||||
| 6 | personal financial account to access deposited cash to | ||||||
| 7 | purchase goods, services, or anything else of value. | ||||||
| 8 | "Restaurant" means any business that is primarily engaged | ||||||
| 9 | in the sale of ready-to-eat food for immediate consumption | ||||||
| 10 | that comprises at least 51% of the total sales, excluding the | ||||||
| 11 | sale of liquor. "Restaurant" does not include a temporary | ||||||
| 12 | vendor at a market or festival, a business operating from a | ||||||
| 13 | vehicle or other mobile space, or a street vendor. | ||||||
| 14 | "Retail mercantile establishment" means a fuel station, | ||||||
| 15 | grocery store, pharmacy, or restaurant. | ||||||
| 16 | "Self-service checkout" means an interactive electronic | ||||||
| 17 | terminal that facilitates an action or displays a piece of | ||||||
| 18 | information and allows a consumer to pay for goods and | ||||||
| 19 | services. | ||||||
| 20 | Section 10. Prohibition on Refusing Cash Payments. | ||||||
| 21 | (a) 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 | ||||||
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| 1 | sales of less than $500 made at the physical location; or | ||||||
| 2 | (2) post a sign on the premises stating that cash | ||||||
| 3 | payment is not accepted. | ||||||
| 4 | (b) The provisions of subsection (a) shall not apply to: | ||||||
| 5 | (1) retail sales that take place at a self-service | ||||||
| 6 | checkout; | ||||||
| 7 | (2) retail sales that occur between 10 p.m. and 6 | ||||||
| 8 | a.m.; | ||||||
| 9 | (3) retail mercantile establishments that are unable | ||||||
| 10 | to accept cash because of a sales system failure that | ||||||
| 11 | temporarily prevents the processing of cash payments or a | ||||||
| 12 | temporary insufficiency in cash on hand needed to provide | ||||||
| 13 | change; | ||||||
| 14 | (4) retail mercantile establishments that sell | ||||||
| 15 | consumer goods exclusively through a membership model; | ||||||
| 16 | (5) retail mercantile establishments that (i) accept | ||||||
| 17 | prepaid cards as payment for goods and services and (ii) | ||||||
| 18 | provide a mechanism to convert cash to the prepaid card | ||||||
| 19 | either at the point of sale, self-service checkout, or | ||||||
| 20 | similar method within the retail mercantile establishment; | ||||||
| 21 | or | ||||||
| 22 | (6) retail sales that are made through the telephone, | ||||||
| 23 | Internet, mobile application, or other similar means but | ||||||
| 24 | are completed in person at the seller's location or | ||||||
| 25 | off-premises. | ||||||
| 26 | (c) Notwithstanding paragraph (1) of subsection (b), a | ||||||
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| 1 | retail mercantile establishment subject to subsection (a) | ||||||
| 2 | shall be deemed to comply with this Section if no fewer than | ||||||
| 3 | one point of sale at that physical location accepts cash. | ||||||
| 4 | (d) Nothing in this Section requires a person to accept | ||||||
| 5 | any bills larger than $20 as payment for goods or services. | ||||||
| 6 | (e) No person shall limit, regulate, condition, or | ||||||
| 7 | prohibit the ability of any retail mercantile establishment to | ||||||
| 8 | provide discounts, promotions, or incentives to consumers in | ||||||
| 9 | connection with the purchase of goods or services. | ||||||
| 10 | Section 15. Violations. | ||||||
| 11 | (a) A violation of this Act shall be a petty offense and | ||||||
| 12 | may be fined as follows: | ||||||
| 13 | (1) for a first violation, a fine not to exceed $50; | ||||||
| 14 | (2) for a second violation within a 12-month period, a | ||||||
| 15 | fine not to exceed $100; | ||||||
| 16 | (3) for a third violation within a 12-month period, | ||||||
| 17 | and any additional violation within a 12-month period, a | ||||||
| 18 | fine not to exceed $500. | ||||||
| 19 | No person shall be fined more than $5,000 in a calendar | ||||||
| 20 | year for violations of this Section. | ||||||
| 21 | (b) A violation of this Act shall be prosecuted by the | ||||||
| 22 | State's Attorney of the county in which the violation occurred | ||||||
| 23 | as a petty offense. | ||||||
| 24 | Section 20. Notice to cure. Before a fine may be imposed | ||||||
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| 1 | under this Act, the State's Attorney of the county in which the | ||||||
| 2 | violation occurred shall provide the retail mercantile | ||||||
| 3 | establishment with written notice of the violation. The retail | ||||||
| 4 | mercantile establishment shall have 30 days after the date of | ||||||
| 5 | the notice to cure the violation. If the violation is cured | ||||||
| 6 | within the 30-day period, no fine shall be imposed for that | ||||||
| 7 | violation. | ||||||
| 8 | Section 25. Home rule. The regulation of accepting cash is | ||||||
| 9 | an exclusive power and function of the State, and a home rule | ||||||
| 10 | unit may not regulate the acceptance of cash. This Section is a | ||||||
| 11 | denial and limitation of home rule powers under subsection (h) | ||||||
| 12 | of Section 6 of Article VII of the Illinois Constitution. | ||||||
| 13 | Section 99. Effective date. This Act takes effect January | ||||||
| 14 | 1, 2028.". | ||||||
