Illinois General Assembly - Full Text of HB2910
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Full Text of HB2910  102nd General Assembly


Rep. Natalie A. Manley

Filed: 2/22/2022





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2    AMENDMENT NO. ______. Amend House Bill 2910, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Sale Price Ad Act is amended by changing
6Sections 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
10business of selling consumer goods to the public.
11    "Consumer goods" means any machine, appliance, clothing,
12or like product bought for personal, family or household
14    "Advertise" or "Advertising" means a notice in a
15newspaper, magazine, pamphlet or flyer; an announcement on
16television, cable television, or radio; and any other method



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1of communicating to the public.
2    "Discount" includes, but is not limited to, any coupon or
3promotion in an electronic, digital, paper, or any other
4format that offers a price reduction or credit for any goods to
5a consumer, either directly or indirectly, through redemption
6by a retailer.
7    "Person" means an individual, natural person, public or
8private corporation, government, partnership, unincorporated
9association, or other entity.
10    "Retail mercantile establishment" means a retailer where
1155% or more of its gross sales include nonprescription
12medicines and any cooked or uncooked article of food,
13beverage, alcohol, confection, or condiment, used for or
14intended to be used for human consumption off premises.
15    "Self-service checkout" means an interactive electronic
16terminal that facilitates an action or displays a piece of
17information and allows a consumer to pay for goods and
19(Source: P.A. 79-732.)
20    (815 ILCS 408/3.5 new)
21    Sec. 3.5. Disclosure of discounted price; grocery stores;
23    (a) If a discount is offered for an item, the retail
24mercantile establishment shall provide (i) the original price
25and the discounted price; (ii) the original price and a credit



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1or reduction of the advertised savings; (iii) the amount saved
2or the amount reduced as a percentage; or (iv) any other format
3for showing the advertised savings of the discount to the
4consumer. The retail mercantile establishment may use any
5reasonable method available to provide notice of the
6advertised savings of the discount, including, but not limited
7to, 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
20establishment from providing notice of discounts to consumers
21through more than one commercial channel or require the retail
22mercantile establishment to provide notice of discounts to
23consumers through more than one commercial channel.
24    (b) In order to be in compliance with this Section, a
25retail mercantile establishment may request information from
26the consumer that will facilitate the required notice of the



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1discount to the consumer. A retail mercantile establishment
2subject to this Section that accepts information provided by
3the consumer shall be deemed in compliance with any law
4regulating the collection of personal or biometric
6    (c) If a consumer refuses to provide information to the
7retail mercantile establishment in order for the retail
8mercantile establishment to comply with this Section, the
9retail mercantile establishment shall not be liable under this
11    (d) Consumer discounts are expressly allowed under 27 CFR
126.96. Notwithstanding 27 CFR 6.96, nothing in this Section,
13other laws, or rules shall be construed to regulate, limit, or
14prohibit the terms of a consumer discount or the ability of a
15retail mercantile establishment from offering consumer
16discounts for any retail product.
17    (e) The final purchase price that includes discounted
18items offered by a retail mercantile establishment must be
19excluded from the amount upon which any fee is charged the
20retail mercantile establishment by any person when a consumer
21uses a card, note, plate, coupon book, credit, or any other
22similar device to purchase the discounted item or items.
23    (f) The requirements in subsection (a) do not apply to
24self-service checkout. Nothing in this Section, other laws, or
25rules shall be construed to limit, regulate, or prohibit the
26use of a self-service checkout by a retail mercantile



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1establishment or the products or services purchased at a
2self-service checkout located on or within the premises of a
3retail mercantile establishment.
4    (g) The requirements in subsection (a) do not apply to
5consumer purchases made at wholesale clubs that sell consumer
6goods and services through a membership model.
7    (h) The regulation of the disclosure of discounted prices
8by retail mercantile establishments is an exclusive power and
9function of the State. A home rule unit may not regulate the
10disclosure of discounted prices by retail mercantile
11establishments. This Section is a denial and limitation of
12home rule powers and functions under subsection (h) of Section
136 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
16fine not to exceed $25. A person or retail mercantile
17establishment shall not be fined in excess of $500 per year for
18violations under this Act.
19(Source: P.A. 79-732.)
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".