Illinois General Assembly - Full Text of HB2910
Illinois General Assembly

Previous General Assemblies

Full Text of HB2910  102nd General Assembly




HB2910 EnrolledLRB102 12677 JLS 18016 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 5. The Sale Price Ad Act is amended by changing
5Sections 1, and 4 and by adding Section 3.5 as follows:
6    (815 ILCS 408/1)  (was 720 ILCS 350/1)
7    Sec. 1. As used in this Act:
8    "Seller" means any person or legal entity that is in the
9business of selling consumer goods to the public.
10    "Consumer goods" means any machine, appliance, clothing,
11or like product bought for personal, family or household
13    "Advertise" or "Advertising" means a notice in a
14newspaper, magazine, pamphlet or flyer; an announcement on
15television, cable television, or radio; and any other method
16of communicating to the public.
17    "Discount" includes, but is not limited to, any coupon or
18promotion in an electronic, digital, paper, or any other
19format that offers a price reduction or credit for any goods to
20a consumer, either directly or indirectly, through redemption
21by a retailer.
22    "Person" means an individual, natural person, public or
23private corporation, government, partnership, unincorporated



HB2910 Enrolled- 2 -LRB102 12677 JLS 18016 b

1association, or other entity.
2    "Retail mercantile establishment" means a retailer where
355% or more of its gross sales include nonprescription
4medicines and any cooked or uncooked article of food,
5beverage, alcohol, confection, or condiment used for or
6intended to be used for human consumption off premises.
7    "Self-service checkout" means an interactive electronic
8terminal that facilitates an action or displays a piece of
9information and allows a consumer to pay for goods and
11(Source: P.A. 79-732.)
12    (815 ILCS 408/3.5 new)
13    Sec. 3.5. Disclosure of discounted price; grocery stores;
15    (a) If a discount is offered for an item, the retail
16mercantile establishment shall provide (i) the original price
17and the discounted price; (ii) the original price and a credit
18or reduction of the advertised savings; (iii) the amount saved
19or the amount reduced as a percentage; or (iv) any other format
20for showing the advertised savings of the discount to the
21consumer. The retail mercantile establishment may use any
22reasonable method available to provide notice of the
23advertised savings of the discount, including, but not limited
24to, the following commercial channels:
25        (1) by screen or other display at the point of sale;



HB2910 Enrolled- 3 -LRB102 12677 JLS 18016 b

1        (2) by paper or electronic receipt;
2        (3) by email, text message, mobile or computer
3    application, or any other electronic or digital
4    communication;
5        (4) by in-store consumer promotions, advertisement, or
6    any other similar display;
7        (5) by membership, loyalty, or reward program or any
8    other similar program; or
9        (6) by any other reasonable means available to the
10    retail mercantile establishment.
11    Nothing in this Section shall prohibit a retail mercantile
12establishment from providing notice of discounts to consumers
13through more than one commercial channel or require the retail
14mercantile establishment to provide notice of discounts to
15consumers through more than one commercial channel.
16    (b) In order to be in compliance with this Section, a
17retail mercantile establishment may request information from
18the consumer that will facilitate the required notice of the
19discount to the consumer. A retail mercantile establishment
20subject to this Section that accepts information provided by
21the consumer shall be deemed in compliance with any law
22regulating the collection of personal or biometric
24    (c) If a consumer refuses to provide information to the
25retail mercantile establishment in order for the retail
26mercantile establishment to comply with this Section, the



HB2910 Enrolled- 4 -LRB102 12677 JLS 18016 b

1retail mercantile establishment shall not be liable under this
3    (d) Consumer discounts are expressly allowed under 27 CFR
46.96. Notwithstanding 27 CFR 6.96, nothing in this Section,
5other laws, or rules shall be construed to regulate, limit, or
6prohibit the terms of a consumer discount or the ability of a
7retail mercantile establishment from offering consumer
8discounts for any retail product.
9    (e) The final purchase price that includes discounted
10items offered by a retail mercantile establishment must be
11excluded from the amount upon which any fee is charged the
12retail mercantile establishment by any person when a consumer
13uses a card, note, plate, coupon book, credit, or any other
14similar device to purchase the discounted item or items.
15    (f) The requirements in subsection (a) do not apply to
16self-service checkout. Nothing in this Section, other laws, or
17rules shall be construed to limit, regulate, or prohibit the
18use of a self-service checkout by a retail mercantile
19establishment or the products or services purchased at a
20self-service checkout located on or within the premises of a
21retail mercantile establishment.
22    (g) The requirements in subsection (a) do not apply to
23consumer purchases made at wholesale clubs that sell consumer
24goods and services through a membership model.
25    (h) The regulation of the disclosure of discounted prices
26by retail mercantile establishments is an exclusive power and



HB2910 Enrolled- 5 -LRB102 12677 JLS 18016 b

1function of the State. A home rule unit may not regulate the
2disclosure of discounted prices by retail mercantile
3establishments. This Section is a denial and limitation of
4home rule powers and functions under subsection (h) of Section
56 of Article VII of the Illinois Constitution.
6    (815 ILCS 408/4)  (was 720 ILCS 350/4)
7    Sec. 4. Violation of this Act is a business offense with a
8fine not to exceed $25. A person or retail mercantile
9establishment shall not be fined in excess of $500 per year for
10violations under this Act.
11(Source: P.A. 79-732.)
12    Section 99. Effective date. This Act takes effect upon
13becoming law.