State of Illinois
92nd General Assembly

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 1        AN ACT in relation to check cashing services.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Check Cashing Act is amended by  changing
 5    Section 1 and adding Section 3 as follows:

 6        (815 ILCS 315/1) (from Ch. 121 1/2, par. 1901)
 7        Sec. 1.  Definitions. As used in this Act:,
 8        "Merchant" means a person, firm, association, partnership
 9    or  corporation  primarily engaged in the business of selling
10    tangible personal property at retail.
11        "Casino-based electronic check acceptance service"  means
12    any  check-guarantee,  check-acceptance, check-co-signing, or
13    check-risk-management service that is  performed  by  a  firm
14    that  is  engaged in the financial service industry or in any
15    branch of the financial service industry, provided  that  the
16    service  is  performed  as  part of a transaction involving a
17    check that takes place on  a  riverboat  licensed  under  the
18    Riverboat Gambling Act or on the dock of such a riverboat.
19    (Source: P.A. 85-997.)

20        (815 ILCS 315/3 new)
21        Sec.   2.  Casino-based   electronic   check   acceptance
22    services.
23        Notwithstanding   any   provision  of  this  Act  to  the
24    contrary,  if  a  casino-based  electronic  check  acceptance
25    service  has  taken  part  in  a   casino-based   transaction
26    involving  a  check  that  is  dishonored,  the  casino-based
27    electronic  check  acceptance  service  may  recover from the
28    person who wrote the check an amount equal to the  amount  of
29    actual  damages plus a fee equal to (1) 20% of the face value
30    of the check, compounded annually or  (2)  $5,  whichever  is
                            -2-                LRB9217654LDld
 1    greater.   Notwithstanding   any   law  to  the  contrary,  a
 2    casino-based electronic  check  acceptance  service  may  not
 3    recover  treble  damages from a person who writes a check for
 4    use in a casino-based transaction that is dishonored.

 5        Section 99.  Effective date.  This Act takes effect  upon
 6    becoming law.

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