HB4662 95TH GENERAL ASSEMBLY

LRB095 17128 AMC 43182 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4662

Introduced , by Rep. Rosemary Mulligan

SYNOPSIS AS INTRODUCED:

815 ILCS 315/1	from Ch. 121 1/2, par. 1901
815 ILCS 315/3 new

Amends the Check Cashing Act. Limits the amount of the penalty that a casino-based electronic check cashing service may recover from a person who writes a check that is dishonored.

A BILL FOR

AN ACT concerning gaming.

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

Section 5. The Check Cashing Act is amended by changing Section 1 and adding Section 3 as follows:

(815 ILCS 315/1) (from Ch. 121 1/2, par. 1901)

Sec. 1. Definitions. As used in this Act: ,

"Merchant" means a person, firm, association, partnership or corporation primarily engaged in the business of selling tangible personal property at retail.

"Casino-based electronic check acceptance service" means any check-guarantee, check-acceptance, check-co-signing, or check-risk-management service that is performed by a firm that is engaged in the financial service industry or in any branch of the financial service industry, provided that the service is performed as part of a transaction involving a check that takes place on a riverboat subject to the Riverboat Gambling Act, or within 1,000 feet of any such riverboat.

(Source: P.A. 85-997.)

(815 ILCS 315/3 new)

Sec. 3. Casino-based electronic check acceptance services. Notwithstanding any provision of this Act to the contrary, if a casino-based electronic check acceptance service has taken part in a casino-based transaction involving a check that is dishonored, the casino-based electronic check acceptance service may recover from the person who wrote the check an amount equal to the amount of actual damages plus a fee equal to (1) 20% of the face value of the check or (2) $5, whichever is greater. Notwithstanding any law to the contrary, a casino-based electronic check acceptance service may not recover treble damages from a person who writes a check for use in a casino-based transaction that is dishonored.