Bill Text: IL SB1979 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a retail mercantile establishment selling or offering to sell goods or services to the public that employs an individual to accept in-person payments at a physical location shall not: (1) refuse to accept cash as a form of payment for sales of less than $750 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. Provides for exceptions to this requirement. Provides that the provisions do not require a person to accept any bills larger than $20 bills as payment for goods or services. Preempts home rule. Provides that a violation of the provisions is a business offense and provides for fines. Effective January 1, 2024.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Engrossed) 2023-07-12 - Added as Co-Sponsor Sen. Michael W. Halpin [SB1979 Detail]

Download: Illinois-2023-SB1979-Engrossed.html

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SB1979 Engrossed LRB103 29029 SPS 55415 b
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 2BBBB as follows:
(815 ILCS 505/2BBBB new)
Sec. 2BBBB. Retail businesses prohibited from refusing
cash payments.
(a) As used in this Section:
"Cash" means the coin and paper money of the United
States.
"Electronic payment" means a payment transaction that is
initiated and processed using electronic or digital means.
"Fuel station" means an establishment at which motor
vehicles are refueled.
"Grocery store" means a retail establishment where 50% or
more of its gross sales include nonprescription medicines,
uncooked article of foods, beverages, confections, and
condiments used for or intended to be used for human
consumption off premises.
"Pharmacy" has the meaning set forth in subsection (a) of
Section 3 of the Pharmacy Practice Act.
"Prepaid card" means any secured instrument that uses an

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account identification number that is not connected with a
personal financial account to access deposited cash to
purchase goods, services, or anything else of value.
"Retail mercantile establishment" means a fuel station,
pharmacy, restaurant, or grocery store.
"Restaurant" means any business that is primarily engaged
in the sale of ready-to-eat food for immediate consumption
that comprises at least 51% of the total sales, excluding the
sale of liquor. "Restaurant" does not include a temporary
vendor at a market or festival, a business operating from a
vehicle or other mobile space, or a street vendor.
"Self-service checkout" means an interactive electronic
terminal that facilitates an action or displays a piece of
information and allows a consumer to pay for goods and
services.
(b) Each State or local agency or public utility or an
authorized agent of the State or local agency or public
utility shall provide a means to accept cash to pay any amount
due of less than $750 to that State or local agency or public
utility.
(c) A retail mercantile establishment selling or offering
to sell goods or services to the public that employs an
individual to accept in-person payments at a physical location
shall not:
(1) refuse to accept cash as a form of payment for
sales of less than $750 made at such physical location;

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(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.
(d) The provisions of subsection (c) shall not apply to:
(1) self-service checkouts;
(2) retail sales that occur between the times of 11
p.m. and 6 a.m. for restaurants, fuel stations, and
grocery stores only;
(3) a retail mercantile establishment that is unable
to accept cash because of a sales system failure that
temporarily prevents the processing of cash payments or a
temporary insufficiency in cash on hand needed to provide
change;
(4) a retail mercantile establishment that sells
consumer goods exclusively through a membership model
requiring payment by means of an affiliated mobile device
application or online application;
(5) a retail mercantile establishment that sells
consumer goods and services through a membership model;
(6) a retail mercantile establishment that both (i)
accepts prepaid cards as payment for goods and services;
and (ii) provides a mechanism to convert cash to the
prepaid card either at the point of sale, self-service
checkout, or similar method within the retail mercantile

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establishment; or
(7) retail sales made by the telephone, internet,
mobile application or other similar means but completed in
person at the seller's location or retail sales made by
the telephone, internet, mobile application, or other
similar means but completed in person off-premises.
(e) Notwithstanding paragraph (1) of subsection (d), a
retail mercantile establishment subject to subsection (c)
shall be deemed to comply with this Section if no fewer than
one point of sale at that physical location accepts cash.
(f) Nothing in this Section requires a person to accept
any bills larger than $20 bills as payment for goods or
services.
(g) The regulation of accepting cash or electronic
payments by retail mercantile establishments is an exclusive
power and function of the State. A home rule unit may not
regulate the acceptance of cash or electronic payments by a
retail mercantile establishment that is inconsistent with this
Section. This Section is a denial and limitation of home rule
powers and functions under subsection (i) of Section 6 of
Article VII of the Illinois Constitution.
(h) Nothing in this Section shall be construed to limit,
regulate, or prohibit the acceptance of electronic payments by
a retail mercantile establishment.
(i) A violation of this Section shall be a business
offense and may be fined as follows:

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(1) for a first violation, a fine not exceeding $50;
(2) for a second violation within a 12-month period, a
fine not exceeding $100;
(3) for a third violation within a 12-month period,
and any additional violation within a 12-month period, a
fine of no more than $500.
A retail mercantile establishment shall not be fined in
excess of $5000 per year for violations under this Section.
Section 99. Effective date. This Act takes effect January
1, 2024.