Rep. Bob Morgan

Filed: 4/15/2024





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2    AMENDMENT NO. ______. Amend House Bill 4629, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 1. Short title. This Act may be cited as the Junk
6Fee Ban Act.
7    Section 5. Definitions.
8    "Ancillary good or service" means any additional
9merchandise offered to a consumer as part of the same
11    "Advertisement" means a notice in any printed material,
12television, Internet, email, text message, mobile or computer
13application, or any other similar physical, electronic, or
14digital communication regarding the sale of a consumer good or
16    "Bar" or "tavern" means an establishment that is devoted



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1to the serving of alcoholic beverages for consumption by
2guests on the premises and that derives no more than 50% of its
3gross revenue from the sale of food consumed on the premises,
4including, but not limited to, bars, taverns, nightclubs,
5cocktail lounges, adult entertainment facilities, and
7    "Consumer goods or services" means goods and services that
8are used or bought for use primarily for personal, family, or
9household purposes.
10    "Display price" means the displayed price of a consumer
11good or service provided to the consumer within the retail
12mercantile establishment's physical location or Internet,
13email, text message, mobile or computer application, or any
14other similar physical, electronic, or digital communication.
15    "Delivery fees" means any fee charged to a consumer for
16providing delivery of consumer goods, food, or beverages.
17    "Food service establishment" means a bar, tavern, or
19    "Interchange fee" means a fee that a financial
20institution, payment processor, credit card payment network,
21or other person or entity charges a person, retail mercantile
22establishment, or food service establishment when a consumer
23uses a card, note, plate, coupon book, credit, or similar
24device to purchase a consumer product or service.
25    "Place of short-term lodging" means a hotel, motel, inn,
26short-term rental, or other place of lodging that advertises



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1at a price that is a nightly, hourly, or weekly rate.
2    "Person" means an individual, natural person, public or
3private corporation, government, partnership, unincorporated
4association, or other entity. "Person" does not include food
5service establishment, or retail mercantile establishment.
6    "Pricing information" means any information relating to an
7amount a consumer may pay as part of a transaction.
8    "Restaurant" means any business that is primarily engaged
9in the sale of ready-to-eat food for immediate consumption.
10For the purpose of this definition, "primarily engaged" means
11having sales of ready-to-eat food for immediate consumption
12comprising at least 51% of the total sales, excluding the sale
13of liquor.
14    "Retail mercantile establishment" means a business that
15provides consumer goods and services to consumers at retail
16and generates occupation or use tax revenue. "Retail
17mercantile establishment" does not include a food service
19    "Shipping charges" means the fees or charges that
20reasonably reflect the amount to be incurred to send goods to a
21consumer through the mail, including private mail services.
22    "Total price" means the maximum total of all fees or
23charges a consumer shall pay for a good or service and any
24mandatory ancillary good or service. "Total price" does not
25include shipping charges or taxes, gratuities, interchange
26fees, discounts regulated pursuant to the Sale Price Ad Act,



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1or fees collected and passed on to a quasi-governmental
2entity, including any assessment fees associated with a
3government created special district.
4    Section 10. Hidden and misleading fees. It is a violation
5of this Act for a person to:
6        (1) offer, display, or advertise an amount a consumer
7    may pay for merchandise without clearly and conspicuously
8    disclosing the total price;
9        (2) fail, in any offer, display, or advertisement that
10    contains an amount a consumer may pay, to display the
11    total price more prominently than any other pricing
12    information;
13        (3) misrepresent the nature and purpose of any amount
14    a consumer may pay, including the ability to refund the
15    fees and the identity of any merchandise for which fees
16    are charged;
17        (4) fail to disclose clearly and conspicuously before
18    the consumer consents to pay, the nature and purpose of
19    any amount a consumer may pay that is excluded from the
20    total price, including the ability to refund the fees and
21    the identity of any merchandise for which fees are
22    charged; or
23        (5) offer, display, or advertise, including through
24    direct offerings, third-party distribution, or metasearch
25    referrals, a total price for a place of short-term lodging



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1    that does not include all required fees.
2    Section 15. Retail mercantile establishments; disclosure
3of total price. A retail mercantile establishment is not
4required to provide the total price in the display price of a
5consumer good or service. A retail mercantile establishment
6shall provide notice of a consumer fee or charge prior to the
7purchase of the food or beverages. A retail mercantile
8establishment may use any reasonable method available to
9provide notice of the total price, including, but not limited
10to, the following commercial channels:
11        (1) on a screen, monitor, or other display at the
12    point of sale;
13        (2) website, Internet, email, text message, mobile or
14    computer application, or any other electronic or digital
15    communication;
16        (3) in-store consumer promotions, advertisement, or
17    any other similar display;
18        (4) membership, loyalty, or reward program or any
19    other similar program; or
20        (5) any other reasonable means available to the retail
21    mercantile establishment.
22    Section 20. Food service establishments; disclosure of
23total price. A food service establishment is not required to
24provide the total price within the display price of food or



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1beverages. A food service establishment shall provide notice
2of a consumer fee or charge prior to the purchase of the food
3or beverages. A food service establishment may use any
4reasonable method available to provide notice of the total
5price, including, but not limited to, the following commercial
7        (1) at the establishment's premises on a menu, on a
8    tabletop or countertop display, or through posted signage;
9        (2) on the establishment's website where food and
10    beverage prices are advertised;
11        (3) on a screen, monitor, or other interactive
12    display;
13        (4) email, text message, mobile or computer
14    application, or any other electronic or digital
15    communication;
16        (5) in-store consumer promotions, advertisement, or
17    any other similar display;
18        (6) membership, loyalty, or reward program or any
19    other similar program; or
20        (7) any other reasonable means available to the food
21    service establishment.
22    Section 25. Disclosure of delivery fees.
23    (a) For consumer goods or services sold by a food service
24establishment or retail mercantile establishment that will be
25delivered by a third-party delivery service, the food service



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1establishment or retail mercantile establishment shall require
2by contract with the third-party delivery service that the
3third-party delivery service shall comply with Section 10.
4    (b) A food service establishment or retail mercantile
5establishment is not responsible for violations of Section 10
6solely as a result of a third-party delivery service failing
7to comply with Section 10.
8    Section 30. Limitations.
9    (a) Nothing in this Act shall be construed to limit,
10regulate, or prohibit a retail mercantile establishment or
11food establishment's ability to charge consumers fees or
12similar charges associated with consumer goods, food,
13beverages, or services.
14    (b) Nothing in this Act shall be construed to limit,
15regulate, or prohibit a retail mercantile establishment's or
16food establishment's ability to set prices for consumer goods
17or services.
18    (c) The requirements of this Act do not apply to consumer
19purchases made at wholesale clubs that sell consumer goods and
20services through a membership model.
21    (d) Nothing in this Act alters any federal law or
23    (e) Nothing in this Act shall infringe or impede on any
24right or remedy available under State law or rule.



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1    Section 35. Enforcement under the Consumer Fraud and
2Deceptive Business Practices Act. The Attorney General may
3enforce violations of this Act as an unlawful practice under
4the Consumer Fraud and Deceptive Business Practices Act. All
5remedies, penalties, and authority granted to the Attorney
6General by that Act shall be available to the Attorney General
7for the enforcement of this Act.
8    Section 40. Home rule. The disclosure of the total price,
9as defined in this Act, of a consumer good or service is an
10exclusive power and function of the State. A home rule unit may
11not regulate the disclosure of total prices by retail
12mercantile establishments or food service establishments. This
13Section is a denial and limitation of home rule powers and
14functions under subsection (h) of Section 6 of Article VII of
15the Illinois Constitution.".