Bill Amendment: IL HB3281 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CONSUMER FRAUD-NO CASH PAYMNTS
Status: 2023-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3281 Detail]
Download: Illinois-2023-HB3281-House_Amendment_001.html
Bill Title: CONSUMER FRAUD-NO CASH PAYMNTS
Status: 2023-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3281 Detail]
Download: Illinois-2023-HB3281-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 3281
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2 | AMENDMENT NO. ______. Amend House Bill 3281 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Consumer Fraud and Deceptive Business | ||||||
5 | Practices Act is amended by adding Section 2BBBB as follows:
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6 | (815 ILCS 505/2BBBB new) | ||||||
7 | Sec. 2BBBB. Retail businesses prohibited from refusing | ||||||
8 | cash payments. | ||||||
9 | (a) As used in this Section: | ||||||
10 | "Cash" means the coin and paper money of the United | ||||||
11 | States. | ||||||
12 | "Electronic payment" means a payment transaction that is | ||||||
13 | initiated and processed using electronic or digital means. | ||||||
14 | "Fuel station" means an establishment at which motor | ||||||
15 | vehicles are refueled. | ||||||
16 | "Grocery store" means a retail establishment where 50% or |
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1 | more of its gross sales include nonprescription medicines, | ||||||
2 | uncooked article of foods, beverages, confections, and | ||||||
3 | condiments used for or intended to be used for human | ||||||
4 | consumption off premises. | ||||||
5 | "Pharmacy" has the meaning set forth in subsection (a) of | ||||||
6 | Section 3 of the Pharmacy Practice Act. | ||||||
7 | "Prepaid card" means any secured instrument that uses an | ||||||
8 | account identification number that is not connected with a | ||||||
9 | personal financial account to access deposited cash to | ||||||
10 | purchase goods, services, or anything else of value. | ||||||
11 | "Retail mercantile establishment" means a fuel station, | ||||||
12 | pharmacy, restaurant, or grocery store. | ||||||
13 | "Restaurant" means any business that is primarily engaged | ||||||
14 | in the sale of ready-to-eat food for immediate consumption | ||||||
15 | that comprises at least 51% of the total sales, excluding the | ||||||
16 | sale of liquor. "Restaurant" does not include a temporary | ||||||
17 | vendor at a market or festival, a business operating from a | ||||||
18 | vehicle or other mobile space, or a street vendor. | ||||||
19 | "Self-service checkout" means an interactive electronic | ||||||
20 | terminal that facilitates an action or displays a piece of | ||||||
21 | information and allows a consumer to pay for goods and | ||||||
22 | services. | ||||||
23 | (b) Each State or local agency or public utility or an | ||||||
24 | authorized agent of the State or local agency or public | ||||||
25 | utility shall provide a means to accept cash to pay any amount | ||||||
26 | due of less than $750 to that State or local agency or public |
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1 | utility. | ||||||
2 | (c) A retail mercantile establishment selling or offering | ||||||
3 | to sell goods or services to the public that employs an | ||||||
4 | individual to accept in-person payments at a physical location | ||||||
5 | shall 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; |
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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 | ||||||
15 | retail mercantile establishment subject to subsection (c) | ||||||
16 | shall be deemed to comply with this Section if no fewer than | ||||||
17 | one point of sale at that physical location accepts cash. | ||||||
18 | (f) Nothing in this Section requires a person to accept | ||||||
19 | any bills larger than $20 bills as payment for goods or | ||||||
20 | services. | ||||||
21 | (g) The regulation of accepting cash or electronic | ||||||
22 | payments by retail mercantile establishments is an exclusive | ||||||
23 | power and function of the State. A home rule unit may not | ||||||
24 | regulate the acceptance of cash or electronic payments by a | ||||||
25 | retail mercantile establishment that is inconsistent with this | ||||||
26 | Section. This Section is a denial and limitation of home rule |
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1 | powers and functions under subsection (i) of Section 6 of | ||||||
2 | Article VII of the Illinois Constitution. | ||||||
3 | (h) Nothing in this Section shall be construed to limit, | ||||||
4 | regulate, or prohibit the acceptance of electronic payments by | ||||||
5 | a retail mercantile establishment. | ||||||
6 | (i) A violation of this Section shall be a business | ||||||
7 | offense 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 | ||||||
15 | excess of $5000 per year for violations under this Section.
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16 | Section 99. Effective date. This Act takes effect January | ||||||
17 | 1, 2024.".
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