Sen. Omar Aquino

Filed: 3/24/2023





10300SB1979sam001LRB103 29029 SPS 59999 a


2    AMENDMENT NO. ______. Amend Senate Bill 1979 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Consumer Fraud and Deceptive Business
5Practices Act is amended by adding Section 2BBBB as follows:
6    (815 ILCS 505/2BBBB new)
7    Sec. 2BBBB. Retail businesses prohibited from refusing
8cash payments.
9    (a) As used in this Section:
10    "Cash" means the coin and paper money of the United
12    "Electronic payment" means a payment transaction that is
13initiated and processed using electronic or digital means.
14    "Fuel station" means an establishment at which motor
15vehicles are refueled.
16    "Grocery store" means a retail establishment where 50% or



10300SB1979sam001- 2 -LRB103 29029 SPS 59999 a

1more of its gross sales include nonprescription medicines,
2uncooked article of foods, beverages, confections, and
3condiments used for or intended to be used for human
4consumption off premises.
5    "Pharmacy" has the meaning set forth in subsection (a) of
6Section 3 of the Pharmacy Practice Act.
7    "Prepaid card" means any secured instrument that uses an
8account identification number that is not connected with a
9personal financial account to access deposited cash to
10purchase goods, services, or anything else of value.
11    "Retail mercantile establishment" means a fuel station,
12pharmacy, restaurant, or grocery store.
13    "Restaurant" means any business that is primarily engaged
14in the sale of ready-to-eat food for immediate consumption
15that comprises at least 51% of the total sales, excluding the
16sale of liquor. "Restaurant" does not include a temporary
17vendor at a market or festival, a business operating from a
18vehicle or other mobile space, or a street vendor.
19    "Self-service checkout" means an interactive electronic
20terminal that facilitates an action or displays a piece of
21information and allows a consumer to pay for goods and
23    (b) Each State or local agency or public utility or an
24authorized agent of the State or local agency or public
25utility shall provide a means to accept cash to pay any amount
26due of less than $750 to that State or local agency or public



10300SB1979sam001- 3 -LRB103 29029 SPS 59999 a

2    (c) A retail mercantile establishment selling or offering
3to sell goods or services to the public that employs an
4individual to accept in-person payments at a physical location
5shall not:
6        (1) refuse to accept cash as a form of payment for
7    sales of less than $750 made at such physical location;
8        (2) post a sign on the premises stating that cash
9    payment is not accepted; or
10        (3) charge a higher price to customers paying with
11    cash compared to the price charged to customers not paying
12    with cash.
13    (d) The provisions of subsection (c) shall not apply to:
14        (1) self-service checkouts;
15        (2) retail sales that occur between the times of 11
16    p.m. and 6 a.m. for restaurants, fuel stations, and
17    grocery stores only;
18        (3) a retail mercantile establishment that is unable
19    to accept cash because of a sales system failure that
20    temporarily prevents the processing of cash payments or a
21    temporary insufficiency in cash on hand needed to provide
22    change;
23        (4) a retail mercantile establishment that sells
24    consumer goods exclusively through a membership model
25    requiring payment by means of an affiliated mobile device
26    application or online application;



10300SB1979sam001- 4 -LRB103 29029 SPS 59999 a

1        (5) a retail mercantile establishment that sells
2    consumer goods and services through a membership model;
3        (6) a retail mercantile establishment that both (i)
4    accepts prepaid cards as payment for goods and services;
5    and (ii) provides a mechanism to convert cash to the
6    prepaid card either at the point of sale, self-service
7    checkout, or similar method within the retail mercantile
8    establishment; or
9        (7) retail sales made by the telephone, internet,
10    mobile application or other similar means but completed in
11    person at the seller's location or retail sales made by
12    the telephone, internet, mobile application, or other
13    similar means but completed in person off-premises.
14    (e) Notwithstanding paragraph (1) of subsection (d), a
15retail mercantile establishment subject to subsection (c)
16shall be deemed to comply with this Section if no fewer than
17one point of sale at that physical location accepts cash.
18    (f) Nothing in this Section requires a person to accept
19any bills larger than $20 bills as payment for goods or
21    (g) The regulation of accepting cash or electronic
22payments by retail mercantile establishments is an exclusive
23power and function of the State. A home rule unit may not
24regulate the acceptance of cash or electronic payments by a
25retail mercantile establishment that is inconsistent with this
26Section. This Section is a denial and limitation of home rule



10300SB1979sam001- 5 -LRB103 29029 SPS 59999 a

1powers and functions under subsection (i) of Section 6 of
2Article VII of the Illinois Constitution.
3    (h) Nothing in this Section shall be construed to limit,
4regulate, or prohibit the acceptance of electronic payments by
5a retail mercantile establishment.
6    (i) A violation of this Section shall be a business
7offense and may be fined as follows:
8        (1) for a first violation, a fine not exceeding $50;
9        (2) for a second violation within a 12-month period, a
10    fine not exceeding $100;
11        (3) for a third violation within a 12-month period,
12    and any additional violation within a 12-month period, a
13    fine of no more than $500.
14    A retail mercantile establishment shall not be fined in
15excess of $5000 per year for violations under this Section.
16    Section 99. Effective date. This Act takes effect January
171, 2024.".