093_HB0070ham003 LRB093 02399 WGH 13419 a 1 AMENDMENT TO HOUSE BILL 70 2 AMENDMENT NO. . Amend House Bill 70, AS AMENDED, by 3 replacing everything after the enacting clause with the 4 following: 5 "Section 5. The Consumer Fraud and Deceptive Business 6 Practices Act is amended by adding Section 2MM as follows: 7 (815 ILCS 505/2MM new) 8 Sec. 2MM. Gift certificates. 9 (a) This Section applies to gift certificates and gift 10 cards issued on or after July 1, 2004. 11 (b) It is an unlawful practice within the meaning of 12 this Act for a person to knowingly engage in a persistent 13 pattern and practice of issuing to a consumer a gift 14 certificate or gift card containing an expiration date or 15 period. A gift certificate or a gift card issued without an 16 expiration date is valid until redeemed. 17 (c) The issuer of a gift certificate or gift card may 18 charge the holder a service fee for a certificate not 19 redeemed within 24 months after issuance as follows: 20 (1) For a gift certificate or gift card redeemed 21 more than 24 months after issuance but not more than 36 22 months after issuance, the service fee shall be 15% of -2- LRB093 02399 WGH 13419 a 1 the original value of the gift certificate or gift card. 2 (2) For a gift certificate or gift card redeemed 3 more than 36 months after issuance but not more than 48 4 months after issuance, the service fee shall be 25% of 5 the original value of the gift certificate or gift card. 6 (3) For a gift certificate or gift card redeemed 7 more than 48 months after issuance, the service fee shall 8 be 50% of the original value of the gift certificate or 9 gift card. 10 (d) Whenever the Attorney General or a State's Attorney 11 has reason to believe that a person has violated this 12 Section, he or she may bring an action in the name of the 13 People of the State of Illinois against the person to 14 restrain the conduct by preliminary or permanent injunction. 15 The provisions of Section 7 and Section 10a do not apply to a 16 violation of this Section. 17 (e) Gift certificates or gift cards that are issued to 18 not-for-profit organizations for fundraising purposes are 19 exempt from this Section. 20 (f) For purposes of this Section, the terms "gift 21 certificate" and "gift card" do not include any of the 22 following: 23 (1) prepaid telecommunications and technology cards 24 (including, but not limited to, prepaid telephone calling 25 cards, prepaid technical support cards, and prepaid 26 Internet disks) that are distributed to, or purchased by, 27 a consumer; or 28 (2) prepaid telecommunications and technology cards 29 (including, but not limited to, prepaid telephone calling 30 cards, prepaid technical support cards, and prepaid 31 Internet disks) that are provided to a consumer pursuant 32 to any award, loyalty, or promotional program without any 33 money or other thing of value begin given in exchange for 34 the card.".