SB2143 96TH GENERAL ASSEMBLY

LRB096 03154 ASK 13171 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2143

Introduced 2/20/2009, by Sen. William Delgado

SYNOPSIS AS INTRODUCED:

New Act

Creates the Retail Consumer Protection Act. Provides that certain businesses engaged in retail commerce must make best efforts to have at least one designated employee responsible for ensuring the accuracy of posted and advertised prices and resolving customer complaints related to the accuracy of prices. Provides that any person engaged in retail commerce who is alerted by a customer of overcharging must immediately report the overcharge to their on-site management or supervisor, who then must investigate the alleged error and keep a record of the incident. Limits the concurrent exercise of home rule powers.

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning business.

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

Section 1. Short title. This Act may be cited as the Retail Consumer Protection Act.

Section 5. Purpose. The General Assembly finds that some retail customers are being overcharged due to inadequate management oversight, computer errors, and other problems. The General Assembly further finds that there are insufficient remedies available to customers who are victims of overcharging.

Section 10. Definitions. As used in this Act:

"Person" means both the singular and plural, as the case demands, and includes individuals, partnerships, corporations, companies, societies, and associations.

"Retail commerce" means a retail sale of a commodity in a facility with more than 10,000 square feet, but does not include wholesale, business-to-business, or barter and exchange transactions.

"Overcharging" means the demand for a payment that is in excess of the lowest advertised or displayed price for that commodity.

Section 15. Business practices against overcharging.

(a) All businesses engaged in retail commerce must make best efforts to have one or more designated employees given the responsibility of ensuring the accuracy of all posted and advertised prices and for resolving any customer complaints related to the accuracy of prices.

(b) Any person engaged in retail commerce who is alerted by a customer of an overcharging must report to their local on-site manager or supervisor, who then must investigate the alleged error and keep a record of the incident. The recorded information must include the date and time of the incident, the product or products involved, and the results of the investigation.

Section 30. Local implementation. Any home rule unit of government may by a majority vote of the authorities of that unit of government substitute a local ordinance for the provisions of this Act provided that the ordinance carries with it at least the same penalties as provided for in this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.