HB3486 101ST GENERAL ASSEMBLY

LRB101 07510 CPF 52554 b

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.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning safety.

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

Section 1. Short title. This Act may be cited as the Electronic Proof of Purchase Act.

Section 5. Findings. The General Assembly finds:

(a) The report titled "Skip the Slip: Environmental Costs & Human Health Risks of Paper Receipts with Proposed Solutions" from Green America found that 10 million trees and 21 billion gallons of water in America are used to create proof of purchase receipts.

(b) Receipts generate 686 million pounds of waste and 12 billion pounds of carbon dioxide, the equivalent of one million cars on the road, and most paper receipts contain chemicals that would contaminate other recyclable paper materials.

(c) The Green America report also found that 93% of paper receipts are coated with Bisphenol-A (BPA) or Bisphenol-S (BPS) chemicals, which the United States Food and Drug Administration has banned from baby bottles because those chemicals are known to disrupt hormones and cause cancerous tumors, birth defects, and other developmental issues.

(d) The BPA or BPS on receipts can enter people's bodies simply through touch, which poses a major risk to retail workers, who have 30% more BPA or BPS found in their bodies than others who do not have regular contact with receipts.

(e) Data from Square, a company that provides mobile payment services, shows that their sellers send over 10 million digital receipts each month.

(f) Prohibiting businesses from providing paper receipts except upon request would have significant positive environmental and public health effects.

Section 10. Definitions. In this Act:

"Agency" means the Environmental Protection Agency.

"Consumer" means a person who purchases food, alcohol, other tangible personal property, or services and does not offer them for resale.

"Electronic form" includes, but is not limited to, a form sent through email or text message.

"Enforcement officer" means the Director, or agents or environmental health specialists appointed by the Agency, and all local health officers, directors of environmental health, and their duly authorized registered environmental health specialists and environmental health specialist trainees.

"Small business" has the meaning given in Section 1-75 of the Illinois Administrative Procedure Act.

Section 15. Electronic proof of purchase; exemption.

(a) 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.

(b) This Act shall be enforced by an enforcement officer. The first and second violations of subsection (a) 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.

(c) Small businesses are exempt from the provisions of this Act.

Section 90. The State Mandates Act is amended by adding Section 8.43 as follows:

(30 ILCS 805/8.43 new)

Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 101st General Assembly.