103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3507

 

Introduced 2/17/2023, by Rep. Lilian Jiménez

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Gender Tax Repeal Act. Provides that a business shall not charge a different price for any goods or services that are substantially similar if those goods are priced differently based on the gender of the individuals for whom the goods are marketed and intended. Provides for civil penalties. Provides that the Act does not alter or affect the provisions of the Insurance Code or other laws that govern health care service plans or insurer underwriting or rating practices.


LRB103 27801 SPS 54179 b

 

 

A BILL FOR

 

HB3507LRB103 27801 SPS 54179 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 Gender
5Tax Repeal Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Business" means any business acting in this State that
8sells goods or services to any individual or entity,
9including, but not limited to, retailers, suppliers,
10manufacturers, and distributors.
11    "Goods" means any consumer products used, bought, or
12rendered primarily for personal, family, or household
13purposes.
14    "Services" means work or labor of any kind rendered or
15furnished or agreed to be rendered or furnished by a business.
16    "Substantially similar" means different goods that exhibit
17all of the following characteristics:
18        (1) no substantial differences in the materials used
19    in production;
20        (2) the intended use is similar;
21        (3) the functional design and features are similar;
22    and
23        (4) the brand is the same or both brands are owned by

 

 

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1    the same individual or entity.
2    "Substantially similar" does not include goods that are
3only different in coloring.
 
4    Section 10. Prohibition on gender discrimination in the
5sale of goods.
6    (a) A business shall not charge a different price for any
7goods that are substantially similar if those goods are priced
8differently based on the gender of the individuals for whom
9the goods are marketed and intended.
10    (b) Nothing in subsection (a) prohibits differences in the
11price of goods based specifically upon any of the following:
12        (1) the amount of time it took to manufacture those
13    goods;
14        (2) the difficulty in manufacturing those goods;
15        (3) the cost incurred in manufacturing those goods;
16        (4) the labor used in manufacturing those goods;
17        (5) the materials used in manufacturing those goods;
18    or
19        (6) any other gender-neutral reason for charging a
20    different price for those goods.
 
21    Section 15. Prohibition on gender discrimination in the
22sale of services.
23    (a) A business shall not charge a different price for any
24services that are substantially similar if those services are

 

 

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1priced differently based on the gender of the individuals for
2whom the services are marketed and intended.
3    (b) Nothing in subsection (a) prohibits differences in
4services based specifically upon any of the following:
5        (1) the amount of time it took to provide those
6    services;
7        (2) the difficulty in providing those services;
8        (3) the cost incurred in providing those services;
9        (4) the labor used in providing those services;
10        (5) the materials used in providing those services; or
11        (6) any other gender-neutral reason for charging a
12    different price for those services.
13    (c) The following businesses shall clearly and
14conspicuously disclose to the customer in writing the pricing
15for each standard service provided:
16        (1) tailors or businesses providing aftermarket
17    clothing alterations;
18        (2) barbers or hair salons; and
19        (3) dry cleaners and laundries providing services to
20    individuals.
21    (d) The price list of services shall be posted in an area
22conspicuous to customers. The posted price lists shall be in
23no less than 14-point boldface type and clearly and completely
24display pricing for every standard service offered by the
25business. The business establishment shall provide the
26customer with a complete written price list upon request.
 

 

 

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1    Section 20. Violations; civil penalties.
2    (a) Notwithstanding any other law, if the Attorney General
3has cause to believe that a violation of this Act has occurred,
4the Attorney General may, upon notice to the defendant of not
5less than 5 days, seek a court order to enjoin and restrain the
6continuance of those violations.
7    (b) If a court finds that the defendant has violated this
8Act, an injunction may be issued by the court enjoining or
9restraining any violation, without requiring proof that any
10person has, in fact, been injured or damaged thereby. The
11court may make direct restitution, if applicable. In
12connection with the proposed application for an injunction,
13the Attorney General is authorized to take proof and make a
14determination of the relevant facts and to issue subpoenas in
15accordance with the civil practice law and rules.
16    (c) If a court finds that the defendant has violated this
17Act, the court may impose a civil penalty not to exceed $10,000
18for the first violation, and a civil penalty not to exceed
19$1,000 for each subsequent violation. The total civil penalty
20imposed pursuant to this subsection shall not exceed $100,000.
21    (d) Notwithstanding subsection (c), a court may impose
22additional civil penalties upon a defendant exceeding $100,000
23if the defendant subsequently violates this Act with respect
24to the same goods or services for which the maximum civil
25penalty has been previously imposed under a separate civil

 

 

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1action or for any good or service for which the Attorney
2General has not brought civil action under this Act.
3    (e) For the purposes of this Section, each instance of
4charging a different price for goods or services that are
5substantially similar shall constitute a single violation.
 
6    Section 25. Applicability. This Act does not alter or
7affect the provisions of the Insurance Code or other laws that
8govern health care service plans or insurer underwriting or
9rating practices.