Public Act 093-0945
 
SB2901 Enrolled LRB093 20997 RXD 47002 b

    AN ACT concerning business transactions.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Uniform Disposition of Unclaimed Property
Act is amended by changing Section 10.6 as follows:
 
    (765 ILCS 1025/10.6)
    Sec. 10.6. Gift certificates and gift cards.
    (a) This Act applies to a gift certificate or gift card
only if:
        (i) the gift certificate or gift card contains or has
    language indicating there is an expiration date, or
    expiration period or language indicating that there is any
    type of post-sale charge or fee including but not limited
    to service charges, dormancy fees, account maintenance
    fees, cash-out fees, replacement card fees, and activation
    or reactivation charges; and
        (ii) none of the exceptions in this Section apply.
    (b) This Act does not apply to a gift certificate or gift
card that contains or has language indicating that there is an
expiration date or expiration period, or any type of post-sale
charge or fee including but not limited to service charges,
dormancy fees, account maintenance fees, cash-out fees,
replacement card fees, and activation or reactivation charges
if:
        (i) the gift certificate or gift card was issued before
    the effective date of this amendatory Act of the 93rd 92nd
    General Assembly; and
        (ii) it is the policy and practice of the issuer of the
    gift certificate or gift card to honor the gift certificate
    or gift card after its expiration date or the end of its
    expiration period and it is the policy and practice of the
    issuer of the gift certificate or gift card to eliminate
    all post-sale charges and fees, and the issuer posts
    written notice of the policy and practice at locations at
    which the issuer sells gift certificates or gift cards. The
    written notice shall be an original or a copy of a notice
    that the State Treasurer shall produce and provide to
    issuers free of charge.
    (c) Nothing in this Section applies to a gift certificate
or gift card if the value of the gift certificate or gift card
was reported and remitted under this Act before the effective
date of this amendatory Act of the 93rd 92nd General Assembly.
(Source: P.A. 92-487, eff. 8-23-01.)
 
    Section 10. The Consumer Fraud and Deceptive Business
Practices Act is amended by adding Section 2QQ as follows:
 
    (815 ILCS 505/2QQ new)
    Sec. 2QQ. Gift certificates.
    (a) "Gift certificate" means a record evidencing a promise,
made for consideration, by the seller or issuer of the record
that goods or services will be provided to the holder of the
record for the value shown in the record and includes, but is
not limited to, a record that contains a microprocessor chip,
magnetic stripe or other means for the storage of information
that is prefunded and for which the value is decremented upon
each use, a gift card, an electronic gift card, stored-value
card or certificate, a store card or a similar record or card.
For purposes of this Act, the term "gift certificate" does not
include any of the following:
        (i) prepaid telecommunications and technology cards
    including, but not limited to, prepaid telephone calling
    cards, prepaid technical support cards, and prepaid
    Internet disks that are distributed to or purchased by a
    consumer;
        (ii) prepaid telecommunications and technology cards
    including, but not limited to, prepaid telephone calling
    cards, prepaid technical support cards, and prepaid
    Internet disks that are provided to a consumer pursuant to
    any award, loyalty, or promotion program without any money
    or other thing of value being given in exchange for the
    card; or
        (iii) any gift certificate usable with multiple
    sellers of goods or services.
    (b) Any gift certificate subject to a fee must contain a
statement clearly and conspicuously printed on the gift
certificate stating whether there is a fee, the amount of the
fee, how often the fee will occur, that the fee is triggered by
inactivity of the gift certificate, and at what point the fee
will be charged. The statement may appear on the front or back
of the gift certificate in a location where it is visible to
any purchaser prior to the purchase.
    (c) Any gift certificate subject to an expiration date must
contain a statement clearly and conspicuously printed on the
gift certificate stating the expiration date. The statement may
appear on the front or back of the gift certificate in a
location where it is visible to any purchaser prior to the
purchase.
    (d) Subsection (c) does not apply to any gift certificate
that contains a toll free phone number and a statement clearly
and conspicuously printed on the gift certificate stating that
holders can call the toll free number to find out the balance
on the gift certificate, if applicable, and the expiration
date. The toll free number and statement may appear on the
front or back of the gift certificate in a location where it is
visible to any purchaser prior to the purchase.
    (e) This Section does not apply to any of the following
gift certificates:
        (i) Gift certificates that are distributed by the
    issuer to a consumer pursuant to an awards, loyalty, or
    promotional program without any money or thing of value
    being given in exchange for the gift certificate by the
    consumer.
        (ii) Gift certificates that are sold below face value
    at a volume discount to employers or to nonprofit and
    charitable organizations for fundraising purposes if the
    expiration date on those gift certificates is not more than
    30 days after the date of sale.
        (iii) Gift certificates that are issued for a food
    product.