HB 4592

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Full Text of HB4592
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	HB4592 - 104th General Assembly
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		HB4592 Enrolled		LRB104 18320 SPS 31760 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 1. Short title. This Act may be cited as the Retail
5Cash Payment Act.
6    Section 5. Definitions. As used in this Act:
7    "Cash" means the coin and paper money of the United
8States.
9    "Fuel station" means a retail establishment at which motor
10vehicles are refueled.
11    "Grocery store" means a retail establishment where 55% or
12more of its sales consist of nonprescription medicines,
13uncooked foods, beverages, confections, and condiments used
14for or intended to be used for human consumption off-premises.
15    "Person" means an individual, natural person, public or
16private corporation, unincorporated association, or other
17entity.
18    "Pharmacy" has the meaning set forth in subsection (a) of
19Section 3 of the Pharmacy Practice Act.
20    "Prepaid card" means any secured instrument that uses an
21account identification number that is not connected with a
22personal financial account to access deposited cash to
23purchase goods, services, or anything else of value.
		HB4592 Enrolled	- 2 -	LRB104 18320 SPS 31760 b
1    "Restaurant" means any business that is primarily engaged
2in the sale of ready-to-eat food for immediate consumption
3that comprises at least 51% of the total sales, excluding the
4sale of liquor. "Restaurant" does not include a temporary
5vendor at a market or festival, a business operating from a
6vehicle or other mobile space, or a street vendor.
7    "Retail mercantile establishment" means a fuel station,
8grocery store, pharmacy, or restaurant.
9    "Self-service checkout" means an interactive electronic
10terminal that facilitates an action or displays a piece of
11information and allows a consumer to pay for goods and
12services.
13    Section 10. Prohibition on Refusing Cash Payments.
14    (a) A retail mercantile establishment selling or offering
15to sell goods or services to the public that employs an
16individual to accept in-person payments at a physical location
17shall not:
18        (1) refuse to accept cash as a form of payment for
19    sales of less than $500 made at the physical location; or
20        (2) post a sign on the premises stating that cash
21    payment is not accepted.
22    (b) The provisions of subsection (a) shall not apply to:
23        (1) retail sales that take place at a self-service
24    checkout;
25        (2) retail sales that occur between 10 p.m. and 6
		HB4592 Enrolled	- 3 -	LRB104 18320 SPS 31760 b
1    a.m.;
2        (3) retail mercantile establishments that are unable
3    to accept cash because of a sales system failure that
4    temporarily prevents the processing of cash payments or a
5    temporary insufficiency in cash on hand needed to provide
6    change;
7        (4) retail mercantile establishments that sell
8    consumer goods exclusively through a membership model;
9        (5) retail mercantile establishments that (i) accept
10    prepaid cards as payment for goods and services and (ii)
11    provide a mechanism to convert cash to the prepaid card
12    either at the point of sale, self-service checkout, or
13    similar method within the retail mercantile establishment;
14    or
15        (6) retail sales that are made through the telephone,
16    Internet, mobile application, or other similar means but
17    are completed in person at the seller's location or
18    off-premises.
19    (c) Notwithstanding paragraph (1) of subsection (b), a
20retail mercantile establishment subject to subsection (a)
21shall be deemed to comply with this Section if no fewer than
22one point of sale at that physical location accepts cash.
23    (d) Nothing in this Section requires a person to accept
24any bills larger than $20 as payment for goods or services.
25    (e) No person shall limit, regulate, condition, or
26prohibit the ability of any retail mercantile establishment to
		HB4592 Enrolled	- 4 -	LRB104 18320 SPS 31760 b
1provide discounts, promotions, or incentives to consumers in
2connection with the purchase of goods or services.
3    Section 15. Violations.
4    (a) A violation of this Act shall be a petty offense and
5may be fined as follows:
6        (1) for a first violation, a fine not to exceed $50;
7        (2) for a second violation within a 12-month period, a
8    fine not to exceed $100;
9        (3) for a third violation within a 12-month period,
10    and any additional violation within a 12-month period, a
11    fine not to exceed $500.
12    No person shall be fined more than $5,000 in a calendar
13year for violations of this Section.
14    (b) A violation of this Act shall be prosecuted by the
15State's Attorney of the county in which the violation occurred
16as a petty offense.
17    Section 20. Notice to cure. Before a fine may be imposed
18under this Act, the State's Attorney of the county in which the
19violation occurred shall provide the retail mercantile
20establishment with written notice of the violation. The retail
21mercantile establishment shall have 30 days after the date of
22the notice to cure the violation. If the violation is cured
23within the 30-day period, no fine shall be imposed for that
24violation.
		HB4592 Enrolled	- 5 -	LRB104 18320 SPS 31760 b
1    Section 25. Home rule. The regulation of accepting cash is
2an exclusive power and function of the State, and a home rule
3unit may not regulate the acceptance of cash. This Section is a
4denial and limitation of home rule powers under subsection (h)
5of Section 6 of Article VII of the Illinois Constitution.
6    Section 99. Effective date. This Act takes effect January
71, 2028.