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92_HB6302 LRB9217654LDld 1 AN ACT in relation to check cashing services. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Check Cashing Act is amended by changing 5 Section 1 and adding Section 3 as follows: 6 (815 ILCS 315/1) (from Ch. 121 1/2, par. 1901) 7 Sec. 1. Definitions. As used in this Act:,8 "Merchant" means a person, firm, association, partnership 9 or corporation primarily engaged in the business of selling 10 tangible personal property at retail. 11 "Casino-based electronic check acceptance service" means 12 any check-guarantee, check-acceptance, check-co-signing, or 13 check-risk-management service that is performed by a firm 14 that is engaged in the financial service industry or in any 15 branch of the financial service industry, provided that the 16 service is performed as part of a transaction involving a 17 check that takes place on a riverboat licensed under the 18 Riverboat Gambling Act or on the dock of such a riverboat. 19 (Source: P.A. 85-997.) 20 (815 ILCS 315/3 new) 21 Sec. 2. Casino-based electronic check acceptance 22 services. 23 Notwithstanding any provision of this Act to the 24 contrary, if a casino-based electronic check acceptance 25 service has taken part in a casino-based transaction 26 involving a check that is dishonored, the casino-based 27 electronic check acceptance service may recover from the 28 person who wrote the check an amount equal to the amount of 29 actual damages plus a fee equal to (1) 20% of the face value 30 of the check, compounded annually or (2) $5, whichever is -2- LRB9217654LDld 1 greater. Notwithstanding any law to the contrary, a 2 casino-based electronic check acceptance service may not 3 recover treble damages from a person who writes a check for 4 use in a casino-based transaction that is dishonored. 5 Section 99. Effective date. This Act takes effect upon 6 becoming law.