Full Text of HB2910 102nd General Assembly
HB2910ham002 102ND GENERAL ASSEMBLY | Rep. Natalie A. Manley Filed: 2/22/2022
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| 1 | | AMENDMENT TO HOUSE BILL 2910
| 2 | | AMENDMENT NO. ______. Amend House Bill 2910, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Sale Price Ad Act is amended by changing | 6 | | Sections 1, and 4 and by adding Section 3.5 as follows:
| 7 | | (815 ILCS 408/1) (was 720 ILCS 350/1)
| 8 | | Sec. 1. As used in this Act:
| 9 | | "Seller" means any person or legal entity that is in the
| 10 | | business of selling consumer goods to the public.
| 11 | | "Consumer goods" means any machine, appliance, clothing, | 12 | | or like
product bought for personal, family or household | 13 | | purposes.
| 14 | | "Advertise" or "Advertising" means a notice in a | 15 | | newspaper,
magazine, pamphlet or flyer; an announcement on | 16 | | television, cable
television, or radio; and any other method |
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| 1 | | of communicating
to the public.
| 2 | | "Discount" includes, but is not limited to, any coupon or | 3 | | promotion in an electronic, digital, paper, or any other | 4 | | format that offers a price reduction or credit for any goods to | 5 | | a consumer, either directly or indirectly, through redemption | 6 | | by a retailer. | 7 | | "Person" means an individual, natural person, public or | 8 | | private corporation, government, partnership, unincorporated | 9 | | association, or other entity. | 10 | | "Retail mercantile establishment" means a retailer where | 11 | | 55% or more of its gross sales include nonprescription | 12 | | medicines and any cooked or uncooked article of food, | 13 | | beverage, alcohol, confection, or condiment, used for or | 14 | | intended to be used for human consumption off premises. | 15 | | "Self-service checkout" means an interactive electronic | 16 | | terminal that facilitates an action or displays a piece of | 17 | | information and allows a consumer to pay for goods and | 18 | | services. | 19 | | (Source: P.A. 79-732.)
| 20 | | (815 ILCS 408/3.5 new) | 21 | | Sec. 3.5. Disclosure of discounted price; grocery stores; | 22 | | supermarkets. | 23 | | (a) If a discount is offered for an item, the retail | 24 | | mercantile establishment shall provide (i) the original price | 25 | | and the discounted price; (ii) the original price and a credit |
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| 1 | | or reduction of the advertised savings; (iii) the amount saved | 2 | | or the amount reduced as a percentage; or (iv) any other format | 3 | | for showing the advertised savings of the discount to the | 4 | | consumer. The retail mercantile establishment may use any | 5 | | reasonable method available to provide notice of the | 6 | | advertised savings of the discount, including, but not limited | 7 | | to, the following commercial channels: | 8 | | (1) by screen or other display at the point of sale; | 9 | | (2) by paper or electronic receipt; | 10 | | (3) by email, text message, mobile or computer | 11 | | application, or any other electronic or digital | 12 | | communication; | 13 | | (4) by in-store consumer promotions, advertisement, or | 14 | | any other similar display; | 15 | | (5) by membership, loyalty, or reward program or any | 16 | | other similar program; or | 17 | | (6) by any other reasonable means available to the | 18 | | retail mercantile establishment. | 19 | | Nothing in this Section shall prohibit a retail mercantile | 20 | | establishment from providing notice of discounts to consumers | 21 | | through more than one commercial channel or require the retail | 22 | | mercantile establishment to provide notice of discounts to | 23 | | consumers through more than one commercial channel. | 24 | | (b) In order to be in compliance with this Section, a | 25 | | retail mercantile establishment may request information from | 26 | | the consumer that will facilitate the required notice of the |
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| 1 | | discount to the consumer. A retail mercantile establishment | 2 | | subject to this Section that accepts information provided by | 3 | | the consumer shall be deemed in compliance with any law | 4 | | regulating the collection of personal or biometric | 5 | | information. | 6 | | (c) If a consumer refuses to provide information to the | 7 | | retail mercantile establishment in order for the retail | 8 | | mercantile establishment to comply with this Section, the | 9 | | retail mercantile establishment shall not be liable under this | 10 | | Section. | 11 | | (d) Consumer discounts are expressly allowed under 27 CFR | 12 | | 6.96. Notwithstanding 27 CFR 6.96, nothing in this Section, | 13 | | other laws, or rules shall be construed to regulate, limit, or | 14 | | prohibit the terms of a consumer discount or the ability of a | 15 | | retail mercantile establishment from offering consumer | 16 | | discounts for any retail product. | 17 | | (e) The final purchase price that includes discounted | 18 | | items offered by a retail mercantile establishment must be | 19 | | excluded from the amount upon which any fee is charged the | 20 | | retail mercantile establishment by any person when a consumer | 21 | | uses a card, note, plate, coupon book, credit, or any other | 22 | | similar device to purchase the discounted item or items. | 23 | | (f) The requirements in subsection (a) do not apply to | 24 | | self-service checkout. Nothing in this Section, other laws, or | 25 | | rules shall be construed to limit, regulate, or prohibit the | 26 | | use of a self-service checkout by a retail mercantile |
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| 1 | | establishment or the products or services purchased at a | 2 | | self-service checkout located on or within the premises of a | 3 | | retail mercantile establishment. | 4 | | (g) The requirements in subsection (a) do not apply to | 5 | | consumer purchases made at wholesale clubs that sell consumer | 6 | | goods and services through a membership model. | 7 | | (h) The regulation of the disclosure of discounted prices | 8 | | by retail mercantile establishments is an exclusive power and | 9 | | function of the State. A home rule unit may not regulate the | 10 | | disclosure of discounted prices by retail mercantile | 11 | | establishments. This Section is a denial and limitation of | 12 | | home rule powers and functions under subsection (h) of Section | 13 | | 6 of Article VII of the Illinois Constitution.
| 14 | | (815 ILCS 408/4) (was 720 ILCS 350/4)
| 15 | | Sec. 4.
Violation of this Act is a business offense with
a | 16 | | fine not to exceed $25. A person or retail mercantile | 17 | | establishment shall not be fined in excess of $500 per year for | 18 | | violations under this Act.
| 19 | | (Source: P.A. 79-732.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.".
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