Illinois 93rd Regular Session Status: Enacted

SB 2901 — CONS FRAUD DECEP BUS-GIFT CERT

Last action — Public Act . . . . . . . . . 93-0945

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 06, 2004. Enacted.

Prognosis

Likely to advance 80% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 15 sponsors

    0 primary, 15 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that no person shall sell or issue a gift certificate that is subject to an expiration date. Provides that no gift certificate or any agreement with respect to the gift certificate may contain language suggesting that an expiration date may apply. Provides that fees and penalties shall not be imposed for inactivity with respect to a gift certificate. Provides that any person who sells a gift certificate subject to an expiration date shall be fined not more than $500 per occurrence. Defines gift certificate.

Bill Text

What changed in the latest version

103 added · 99 removed

Plain-language change summary

The most significant change in Bill SB 2901 is the removal of a requirement for issuers of gift certificates or cards to provide written notice about their policies regarding expired cards or fees. This change implies that while issuers still have to honor certificates or cards beyond their expiration if they have a practice of doing so, they no longer need to inform consumers in writing at the point of sale. This matters because it reduces the transparency for consumers, potentially making it harder for them to know their rights regarding gift cards and certificates.

→
Previous
Latest
SB2901 Engrossed LRB093 20997 RXD 47002 b AN ACT concerning business transactions.
SB2901 Enrolled LRB093 20997 RXD 47002 b AN ACT concerning business transactions.
(i) the gift certificate or gift card contains an expiration date, or expiration period or any type of post-sale charge or fee including but not limited to service charges, dormancy fees, account maintenance fees, cash-out fees, replacement card fees, and activation or reactivation charges;
(i) the gift certificate or gift card contains or has language indicating there is an expiration date, or expiration period or language indicating that there is any type of post-sale charge or fee including but not limited to service charges, dormancy fees, account maintenance fees, cash-out fees, replacement card fees, and activation or reactivation charges;
(b) This Act does not apply to a gift certificate or gift card that contains an expiration date or expiration period, or any type of post-sale charge or fee including but not limited to service charges, dormancy fees, account maintenance fees, cash-out fees, replacement card fees, and activation or reactivation charges if:
(b) This Act does not apply to a gift certificate or gift card that contains or has language indicating that there is an expiration date or expiration period, or any type of post-sale charge or fee including but not limited to service charges, dormancy fees, account maintenance fees, cash-out fees, replacement card fees, and activation or reactivation charges if:
(i) the gift certificate or gift card was issued before the effective date of this amendatory Act of the 92nd General Assembly;
(i) the gift certificate or gift card was issued before the effective date of this amendatory Act of the 93rd 92nd General Assembly;
and (ii) it is the policy and practice of the issuer of the gift certificate or gift card to honor the gift certificate or gift card after its expiration date or the end of its expiration period or after any type of post-sale charge or fee is assessed and the issuer posts written notice of the policy and practice at locations at which the issuer sells gift certificates or gift cards.
and (ii) it is the policy and practice of the issuer of the gift certificate or gift card to honor the gift certificate or gift card after its expiration date or the end of its expiration period and it is the policy and practice of the issuer of the gift certificate or gift card to eliminate SB2901 Enrolled - 2 - LRB093 20997 RXD 47002 b all post-sale charges and fees, and the issuer posts written notice of the policy and practice at locations at which the issuer sells gift certificates or gift cards.
The written notice shall SB2901 Engrossed - 2 - LRB093 20997 RXD 47002 b be an original or a copy of a notice that the State Treasurer shall produce and provide to issuers free of charge.
The written notice shall be an original or a copy of a notice that the State Treasurer shall produce and provide to issuers free of charge.
(c) Nothing in this Section applies to a gift certificate or gift card if the value of the gift certificate or gift card was reported and remitted under this Act before the effective date of this amendatory Act of the 92nd General Assembly.
(c) Nothing in this Section applies to a gift certificate or gift card if the value of the gift certificate or gift card was reported and remitted under this Act before the effective date of this amendatory Act of the 93rd 92nd General Assembly.
For purposes of this Act, the terms, "gift certificate" and "gift card" do not include any of the following:
For purposes of this Act, the term "gift certificate" does not include any of the following:
(ii) prepaid telecommunications and technology cards including, but not limited to, prepaid telephone calling cards, prepaid technical support cards, and prepaid Internet disks that are provided to a consumer pursuant to any award, loyalty, or promotion program without any money or other thing of value being given in exchange for the SB2901 Engrossed - 3 - LRB093 20997 RXD 47002 b card;
(ii) prepaid telecommunications and technology cards including, but not limited to, prepaid telephone calling cards, prepaid technical support cards, and prepaid SB2901 Enrolled - 3 - LRB093 20997 RXD 47002 b Internet disks that are provided to a consumer pursuant to any award, loyalty, or promotion program without any money or other thing of value being given in exchange for the card;
or (iii) any gift card usable with multiple sellers of goods or services.
or (iii) any gift certificate usable with multiple sellers of goods or services.
(b) Any gift certificate subject to a fee must contain a statement clearly and conspicuously printed on the gift card stating whether there is a fee, the amount of the fee, how often the fee will occur, that the fee is triggered by inactivity of the gift card, and at what point the fee will be charged.
(b) Any gift certificate subject to a fee must contain a statement clearly and conspicuously printed on the gift certificate stating whether there is a fee, the amount of the fee, how often the fee will occur, that the fee is triggered by inactivity of the gift certificate, and at what point the fee will be charged.
The statement may appear on the front or back of the gift card in a location where it is visible to any purchaser prior to the purchase.
The statement may appear on the front or back of the gift certificate in a location where it is visible to any purchaser prior to the purchase.
(c) Any gift certificate subject to an expiration date must contain a statement clearly and conspicuously printed on the gift card stating the expiration date.
(c) Any gift certificate subject to an expiration date must contain a statement clearly and conspicuously printed on the gift certificate stating the expiration date.
The statement may appear on the front or back of the gift card in a location where it is visible to any purchaser prior to the purchase.
The statement may appear on the front or back of the gift certificate in a location where it is visible to any purchaser prior to the purchase.
(d) Subsection (c) does not apply to any gift cards that contain a toll free phone number and a statement clearly and conspicuously printed on the gift card stating that holders can call the toll free number to find out the balance on the gift card, if applicable, and the expiration date.
(d) Subsection (c) does not apply to any gift certificate that contains a toll free phone number and a statement clearly and conspicuously printed on the gift certificate stating that holders can call the toll free number to find out the balance on the gift certificate, if applicable, and the expiration date.
The toll free number and statement may appear on the front or back of the gift card in a location where it is visible to any purchaser prior to the purchase.
The toll free number and statement may appear on the front or back of the gift certificate in a location where it is visible to any purchaser prior to the purchase.
(ii) Gift certificates that are sold below face value at a volume discount to employers or to nonprofit and charitable organizations for fundraising purposes if the expiration date on those gift certificates is not more than 30 days after the date of sale.
(ii) Gift certificates that are sold below face value SB2901 Enrolled - 4 - LRB093 20997 RXD 47002 b at a volume discount to employers or to nonprofit and charitable organizations for fundraising purposes if the expiration date on those gift certificates is not more than 30 days after the date of sale.
SB2901 Engrossed - 4 - LRB093 20997 RXD 47002 b (iii) Gift certificates that are issued for a food product.
(iii) Gift certificates that are issued for a food product.
⬇ Download PDF
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 93-0945

  2. Effective Date January 1, 2005

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Committee Amendment No. 1 Senate Concurs 058-000-000

  7. House Committee Amendment No. 1 Motion to Concur Be Adopted Labor & Commerce; 007-000-000

  8. House Committee Amendment No. 1 Motion to Concur Rules Referred to Labor & Commerce

  9. Added Alternate Co-Sponsor Rep. Daniel J. Burke

  10. House Committee Amendment No. 1 Motion to Concur Referred to Rules

  11. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Susan Garrett

  12. Placed on Calendar Order of Concurrence House Amendment(s) 01-May 18, 2004.

  13. Secretary's Desk - Concurrence House Amendment(s) 01

  14. Added Alternate Co-Sponsor Rep. George Scully, Jr.

  15. Added Alternate Co-Sponsor Rep. Karen May

  16. Added Alternate Co-Sponsor Rep. Elizabeth Coulson

  17. Added Alternate Co-Sponsor Rep. John J. Millner

  18. Third Reading - Short Debate - Passed 111-003-000

  19. Committee/3rd Reading Deadline Extended-Rule 9(b) May 31, 2004

  20. Placed on Calendar Order of 3rd Reading - Short Debate

  21. Second Reading - Short Debate

  22. Added Alternate Co-Sponsor Rep. Karen A. Yarbrough

  23. Added Alternate Co-Sponsor Rep. Linda Chapa LaVia

  24. Added Alternate Co-Sponsor Rep. Jack D. Franks

  25. Added Alternate Co-Sponsor Rep. Kenneth Dunkin

  26. Added Alternate Co-Sponsor Rep. Robert F. Flider

  27. Added Alternate Co-Sponsor Rep. Careen Gordon

  28. Added Alternate Co-Sponsor Rep. Jim Watson

  29. Placed on Calendar 2nd Reading - Short Debate

  30. Do Pass as Amended / Short Debate Consumer Protection Committee; 011-000-000

  31. House Committee Amendment No. 1 Adopted in Consumer Protection Committee; by Voice Vote

  32. House Committee Amendment No. 1 Filed with Clerk by Consumer Protection Committee

  33. Added Alternate Co-Sponsor Rep. John E. Bradley

  34. Added Alternate Co-Sponsor Rep. Naomi D. Jakobsson

  35. Assigned to Consumer Protection Committee

  36. Added as Co-Sponsor Sen. Kimberly A. Lightford

  37. Added as Co-Sponsor Sen. James A. DeLeo

  38. Referred to Rules Committee

  39. First Reading

  40. Added Alternate Chief Co-Sponsor Rep. Maria Antonia Berrios

  41. Added Alternate Chief Co-Sponsor Rep. Paul D. Froehlich

  42. Added Alternate Chief Co-Sponsor Rep. Elaine Nekritz

  43. Added Alternate Chief Co-Sponsor Rep. Sandra M. Pihos

  44. Chief House Sponsor Rep. Kathleen A. Ryg

  45. Placed on Calendar Order of First Reading

  46. Arrived in House

  47. Third Reading - Passed; 054-002-000

  48. Added as Co-Sponsor Sen. Mattie Hunter

  49. Added as Co-Sponsor Sen. Barack Obama

  50. Placed on Calendar Order of 3rd Reading March 25, 2004

  51. Senate Floor Amendment No. 1 Adopted; Garrett

  52. Second Reading

  53. Senate Floor Amendment No. 1 Be Adopted Labor & Commerce; 008-000-000

  54. Added as Co-Sponsor Sen. Debbie DeFrancesco Halvorson

  55. Added as Co-Sponsor Sen. Antonio Munoz

  56. Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins

  57. Senate Floor Amendment No. 1 Rules Refers to Labor & Commerce

  58. Senate Floor Amendment No. 1 Referred to Rules

  59. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Susan Garrett

  60. Added as Chief Co-Sponsor Sen. Martin A. Sandoval

  61. Placed on Calendar Order of 2nd Reading March 2, 2004

  62. Do Pass Labor & Commerce; 008-000-001

  63. Assigned to Labor & Commerce

  64. Referred to Rules

  65. First Reading

  66. Filed with Secretary by Sen. Susan Garrett

Sponsors

  • Susan Garrett · Cosponsor
  • Naomi D. Jakobsson · Cosponsor
  • John E. Bradley · Cosponsor
  • Jim Watson · Cosponsor
  • Careen Gordon · Cosponsor
  • Robert F. Flider · Cosponsor
  • Kenneth Dunkin · Cosponsor
  • Jack D. Franks · Cosponsor
  • Karen A. Yarbrough · Cosponsor
  • John J. Millner · Cosponsor
  • Elizabeth Coulson · Cosponsor
  • Karen May · Cosponsor
  • Jr. George Scully · Cosponsor
  • Daniel J. Burke · Cosponsor
  • Chapa LaVia · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 15 co-sponsors · 168 not signed on

Sponsors (0)

None.

Co-sponsors (15)

  • Susan Garrett
  • Naomi D. Jakobsson
  • John E. Bradley
  • Jim Watson
  • Careen Gordon
  • Robert F. Flider
  • Kenneth Dunkin
  • Jack D. Franks
  • Karen A. Yarbrough
  • John J. Millner
  • Elizabeth Coulson
  • Karen May
  • George Scully, Jr.
  • Daniel J. Burke
  • Chapa LaVia

Not signed on (168)

168 members have not signed on to this bill.

Show all 168 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 51000
Democrat 7000
Republican 0001
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Silverstein — Yea
Soden — Yea
Lauzen — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Haine — Yea
Halvorson — Yea
Link — Yea
Munoz — Yea
Luechtefeld — Yea
Meeks — Yea
Obama — Yea
Brady — Yea
Sullivan, D. — Yea
Sullivan, J. — Yea
Petka — Yea
Radogno — Yea
Schoenberg — Yea
Jacobs — Yea
Shadid — Yea
Jones, J. — Yea
Sieben — Yea
Jones, W. — Yea
Cullerton — Yea
Watson — Yea
Demuzio — Yea
Trotter — Yea
Viverito — Yea
Winkel — Yea
Wojcik — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
DeLeo — Yea
Dillard — Yea
Forby — Yea
Garrett — Yea
Geo-Karis — Yea
Hendon — Yea
Peterson — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Roskam — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Not Voting

Official roll call →

Third Reading

Passed 111 Yea · 3 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 100303
Democrat 8001
Republican 3000
Total 111304
% of votes cast 94%3%0%3%
How each member voted (118)
Member Party Vote
Saviano — Yea
Schmitz — Yea
Sommer — Yea
Soto — Yea
Madigan — Yea
Acevedo — Yea
Aguilar — Yea
Bassi — Yea
Mathias — Yea
Beaubien — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Nay
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
McAuliffe — Yea
Myers — Yea
Jakobsson — Yea
Jefferson — Yea
Osterman — Not Voting
Krause — Yea
Howard — Yea
Moffitt — Yea
Molaro — Yea
Watson — Yea
Jones — Yea
Morrow — Yea
Mulligan — Yea
Davis, Monique — Yea
Davis, Steve — Yea
Munson — Yea
Nekritz — Yea
Osmond — Yea
Pankau — Yea
Tenhouse — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Younge — Yea
Churchill — Yea
Colvin — Yea
Coulson — Yea
Cross — Yea
Cultra — Nay
Currie — Yea
Daniels — Yea
Dunn — Nay
Hamos — Not Voting
Holbrook — Yea
Hultgren — Yea
Kosel — Yea
Kurtz — Yea
Lang — Yea
Bailey — Yea
Leitch — Yea
Lyons, Eileen — Yea
Lindner — Yea
McCarthy — Yea
Reitz — Yea
Lyons, Joseph — Yea
McKeon — Yea
Mendoza — Yea
Meyer — Yea
Millner — Yea
Parke — Yea
Phelps — Yea
Pihos — Yea
Scully — Yea
Slone — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Brady — Yea
Burke — Yea
Mitchell, Bill — Yea
Hannig — Yea
Sullivan — Yea
Mitchell, Jerry — Yea
Capparelli — Yea
Dugan — Yea
Dunkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Giles — Yea
Gordon — Yea
Graham — Yea
Granberg — Yea
Grunloh — Yea
Hassert — Yea
Poe — Yea
Pritchard — Yea
Ryg — Yea
Sacia — Not Voting
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Not Voting
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 54 Yea · 2 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 46203
Democrat 7000
Republican 1000
Total 54203
% of votes cast 92%3%0%5%
How each member voted (59)
Member Party Vote
Sandoval — Nay
Sieben — Yea
Silverstein — Yea
Soden — Yea
Link — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Clayborne — Yea
Cronin — Yea
DeLeo — Yea
Geo-Karis — Yea
Halvorson — Yea
Lauzen — Yea
Brady — Yea
Sullivan, J. — Yea
Petka — Yea
Luechtefeld — Yea
Maloney — Yea
Jacobs — Yea
Obama — Yea
Jones, J. — Yea
Jones, W. — Yea
Cullerton — Yea
Watson — Yea
Schoenberg — Yea
Shadid — Yea
Munoz — Nay
Sullivan, D. — Not Voting
Demuzio — Not Voting
Trotter — Yea
Viverito — Yea
Winkel — Yea
Wojcik — Yea
Crotty — Yea
Dillard — Yea
Forby — Yea
Garrett — Yea
Hendon — Yea
Meeks — Yea
Haine — Yea
Peterson — Yea
Radogno — Not Voting
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

finance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 2901 do?
Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that no person shall sell or issue a gift certificate that is subject to an expiration date. Provides that no gift certificate or any agreement with respect to the gift certificate may contain language suggesting that an expiration date may apply. Provides that fees and penalties shall not be imposed for inactivity with respect to a gift certificate. Provides that any person who sells a gift certificate subject to an expiration date shall be fined not more than $500 per occurrence. Defines gift certificate.
Who sponsors SB 2901?
SB 2901 is sponsored by Susan Garrett, Naomi D. Jakobsson, John E. Bradley, Jim Watson, Careen Gordon, Robert F. Flider, Kenneth Dunkin, Jack D. Franks, Karen A. Yarbrough, John J. Millner, Elizabeth Coulson, Karen May, George Scully, Jr., Daniel J. Burke, and Chapa LaVia.
What is the current status of SB 2901?
This bill has been enacted into law. Introduced February 06, 2004. Enacted.
Where can I track SB 2901?
Track SB 2901 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 2901

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 2901

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →