103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3281

 

Introduced 2/17/2023, 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.


LRB103 29030 SPS 55416 b

 

 

A BILL FOR

 

HB3281LRB103 29030 SPS 55416 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Consumer Fraud and Deceptive Business
5Practices Act is amended by adding Section BBBB as follows:
 
6    (815 ILCS 505/BBBB new)
7    Sec. BBBB. Retail businesses prohibited from refusing cash
8payments.
9    (a) As used in this Section, "cash" means the coin and
10paper money of the United States.
11    (b) Any person engaged in the business of selling or
12offering to sell goods or services at retail to the public with
13an individual accepting in-person payments at a physical
14location shall not:
15        (1) refuse to accept cash as a form of payment for
16    sales of less than $2,000 made at such physical location;
17        (2) post a sign on the premises stating that cash
18    payment is not accepted; or
19        (3) charge a higher price to customers paying with
20    cash compared to the price charged to customers not paying
21    with cash.
22    (c) The provisions of subsection (a) shall not apply to a
23person if the person:

 

 

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1        (1) is unable to accept cash because of:
2            (A) a sales system failure that temporarily
3        prevents the processing of cash payments; or
4            (B) a temporary insufficiency in cash on hand
5        needed to provide change;
6        (2) provides customers with a device that converts
7    cash into prepaid cards on the premises if:
8            (A) there is no fee for use of the device;
9            (B) the device does not require a minimum deposit
10        of more than one dollar;
11            (C) any funds placed onto a prepaid card using the
12        device do not expire;
13            (D) the device does not collect any personal
14        identifying information from the customer; and
15            (E) there is no fee to use the prepaid card that
16        the device produces; or
17        (3) is selling or offering to sell goods or services
18    at retail to the public:
19            (A) as a street vendor;
20            (B) as a vendor at a temporary market or festival;
21            (C) from any business operating from a vehicle or
22        other mobile space, such as a food truck; or
23            (D) from a temporary physical premises, such as a
24        pop-up shop.
25    (d) A person who sells or offers to sell goods or services
26at retail at a physical location with more than one point of

 

 

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1sale complies with this Section if no fewer than one point of
2sale at that physical location accepts cash. If the physical
3location includes one or more drive-through or drive-in points
4of sale, no fewer than one drive-through or drive-in point of
5sale at that physical location must accept cash.
6    (e) This Section does not apply to retail sales made via
7mail, telephone, or Internet.
8    (f) Nothing in this Section requires a person to accept
9$20 bills or any larger bill as payment for goods or services.
10    (g) Any person who violates this Section commits an
11unlawful practice within the meaning of this Act.
 
12    Section 99. Effective date. This Act takes effect on
13January 1, 2024.