Bill Text: IL HB3281 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that any person engaged in the business of selling or offering to sell goods or services at retail to the public with an individual accepting in-person payments at a physical location shall not: (1) refuse to accept cash as a form of payment for sales of less than $2,000 made at the physical location; (2) post a sign on the premises stating that cash payment is not accepted; or (3) charge a higher price to customers paying with cash compared to the price charged to customers not paying with cash. Provides for specified exceptions. Provides that any person who violates the provisions commits an unlawful practice within the meaning of the Act. Effective January 1, 2024.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2023-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3281 Detail]

Download: Illinois-2023-HB3281-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3281 Introduced , by Rep. Edgar Gonzalez, Jr. SYNOPSIS AS INTRODUCED:
815 ILCS 505/BBBB new
Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that any person engaged in the business of selling or offering to sell goods or services at retail to the public with an individual accepting in-person payments at a physical location shall not: (1) refuse to accept cash as a form of payment for sales of less than $2,000 made at the physical location; (2) post a sign on the premises stating that cash payment is not accepted; or (3) charge a higher price to customers paying with cash compared to the price charged to customers not paying with cash. Provides for specified exceptions. Provides that any person who violates the provisions commits an unlawful practice within the meaning of the Act. Effective January 1, 2024.
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A BILL FOR
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AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Consumer Fraud and Deceptive Business
Practices Act is amended by adding Section BBBB as follows:
(815 ILCS 505/BBBB new)
Sec. BBBB. Retail businesses prohibited from refusing cash
payments.
(a) As used in this Section, "cash" means the coin and
paper money of the United States.
(b) Any person engaged in the business of selling or
offering to sell goods or services at retail to the public with
an individual accepting in-person payments at a physical
location shall not:
(1) refuse to accept cash as a form of payment for
sales of less than $2,000 made at such physical location;
(2) post a sign on the premises stating that cash
payment is not accepted; or
(3) charge a higher price to customers paying with
cash compared to the price charged to customers not paying
with cash.
(c) The provisions of subsection (a) shall not apply to a
person if the person:

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(1) is unable to accept cash because of:
(A) a sales system failure that temporarily
prevents the processing of cash payments; or
(B) a temporary insufficiency in cash on hand
needed to provide change;
(2) provides customers with a device that converts
cash into prepaid cards on the premises if:
(A) there is no fee for use of the device;
(B) the device does not require a minimum deposit
of more than one dollar;
(C) any funds placed onto a prepaid card using the
device do not expire;
(D) the device does not collect any personal
identifying information from the customer; and
(E) there is no fee to use the prepaid card that
the device produces; or
(3) is selling or offering to sell goods or services
at retail to the public:
(A) as a street vendor;
(B) as a vendor at a temporary market or festival;
(C) from any business operating from a vehicle or
other mobile space, such as a food truck; or
(D) from a temporary physical premises, such as a
pop-up shop.
(d) A person who sells or offers to sell goods or services
at retail at a physical location with more than one point of

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sale complies with this Section if no fewer than one point of
sale at that physical location accepts cash. If the physical
location includes one or more drive-through or drive-in points
of sale, no fewer than one drive-through or drive-in point of
sale at that physical location must accept cash.
(e) This Section does not apply to retail sales made via
mail, telephone, or Internet.
(f) Nothing in this Section requires a person to accept
$20 bills or any larger bill as payment for goods or services.
(g) Any person who violates this Section commits an
unlawful practice within the meaning of this Act.
Section 99. Effective date. This Act takes effect on
January 1, 2024.