Illinois General Assembly - Full Text of HB4629
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Full Text of HB4629  103rd General Assembly


Rep. Bob Morgan

Filed: 4/11/2024





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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, food service establishment, or physical fitness
23center when a consumer uses a card, note, plate, coupon book,
24credit, or similar device to purchase a consumer product or
26    "Physical fitness center" means any person or business



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1entity offering physical fitness services to the public.
2    "Physical fitness services" includes instruction, training
3or assistance in physical culture, bodybuilding, exercising,
4weight reducing, figure development, judo, karate,
5self-defense training, or any similar activity, the use of the
6facilities of a physical fitness center for any such
7activities, or membership in any group formed by a physical
8fitness center for any such purposes.
9    "Place of short-term lodging" means a hotel, motel, inn,
10short-term rental, or other place of lodging that advertises
11at a price that is a nightly, hourly, or weekly rate.
12    "Person" means an individual, natural person, public or
13private corporation, government, partnership, unincorporated
14association, or other entity. "Person" does not include food
15service establishment, retail mercantile establishment, or
16physical fitness center.
17    "Pricing information" means any information relating to an
18amount a consumer may pay as part of a transaction.
19    "Restaurant" means any business that is primarily engaged
20in the sale of ready-to-eat food for immediate consumption.
21For the purpose of this definition, "primarily engaged" means
22having sales of ready-to-eat food for immediate consumption
23comprising at least 51% of the total sales, excluding the sale
24of liquor.
25    "Retail mercantile establishment" means a business that
26provides consumer goods and services to consumers at retail



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1and generates occupation or use tax revenue. "Retail
2mercantile establishment" does not include a food service
3establishment or physical fitness center.
4    "Shipping charges" means the fees or charges that
5reasonably reflect the amount to be incurred to send goods to a
6consumer through the mail, including private mail services.
7    "Total price" means the maximum total of all fees or
8charges a consumer shall pay for a good or service and any
9mandatory ancillary good or service. "Total price" does not
10include shipping charges or taxes, gratuities, interchange
11fees, discounts regulated pursuant to the Sale Price Ad Act,
12or fees collected and passed on to a quasi-governmental
13entity, including any assessment fees associated with a
14government created special district.
15    Section 10. Hidden and misleading fees. It is a violation
16of this Act for a person to:
17        (1) offer, display, or advertise an amount a consumer
18    may pay for merchandise without clearly and conspicuously
19    disclosing the total price;
20        (2) fail, in any offer, display, or advertisement that
21    contains an amount a consumer may pay, to display the
22    total price more prominently than any other pricing
23    information;
24        (3) misrepresent the nature and purpose of any amount
25    a consumer may pay, including the ability to refund the



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1    fees and the identity of any merchandise for which fees
2    are charged;
3        (4) fail to disclose clearly and conspicuously before
4    the consumer consents to pay, the nature and purpose of
5    any amount a consumer may pay that is excluded from the
6    total price, including the ability to refund the fees and
7    the identity of any merchandise for which fees are
8    charged; or
9        (5) offer, display, or advertise, including through
10    direct offerings, third-party distribution, or metasearch
11    referrals, a total price for a place of short-term lodging
12    that does not include all required fees.
13    Section 15. Retail advertisement of consumer goods and
14services; disclosure of total price. If a retail mercantile
15establishment or food service establishment that advertises
16consumer goods or service are for sale and that advertisement
17states the total price of the consumer goods or service, the
18stated total price shall include all fees or charges that
19apply to the service or the consumer good or the advertisement
20shall state clearly that additional fees or charges may be
21added to the total price.
22    Section 20. Retail mercantile establishments; disclosure
23of total price. A retail mercantile establishment is not
24required to provide the total price in the display price of a



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1consumer good or service. A retail mercantile establishment
2may use any reasonable method available to provide notice of
3the total price, including, but not limited to, the following
4commercial channels:
5        (1) on a screen, monitor, or other display at the
6    point of sale;
7        (2) website, Internet, email, text message, mobile or
8    computer application, or any other electronic or digital
9    communication;
10        (3) in-store consumer promotions, advertisement, or
11    any other similar display;
12        (4) membership, loyalty, or reward program or any
13    other similar program; or
14        (5) any other reasonable means available to the retail
15    mercantile establishment.
16    Section 25. Food service establishments; disclosure of
17total price. A food service establishment is not required to
18provide the total price within the display price of food or
19beverages. A food service establishment shall provide notice
20of a consumer fee or charge prior to the purchase of the food
21or beverages. A food service establishment may use any
22reasonable method available to provide notice of the total
23price, including, but not limited to, the following commercial
25        (1) at the establishment's premises on a menu, on a



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1    tabletop or countertop display, or through posted signage;
2        (2) on the establishment's website where food and
3    beverage prices are advertised;
4        (3) on a screen, monitor, or other interactive
5    display;
6        (4) email, text message, mobile or computer
7    application, or any other electronic or digital
8    communication;
9        (5) in-store consumer promotions, advertisement, or
10    any other similar display;
11        (6) membership, loyalty, or reward program or any
12    other similar program; or
13        (7) any other reasonable means available to the food
14    service establishment.
15    Section 30. Disclosure of delivery fees.
16    (a) A food service establishment or retail mercantile
17establishment shall provide notice of any delivery fee charged
18to a consumer prior to the acceptance of the delivery. This
19notice shall be provided pursuant to any reasonable method
20provided in Section 20 or 25.
21    (b) A food service establishment or retail mercantile
22establishment is not responsible for providing notice to
23consumers of delivery fees or other fees charged by a
24third-party to the consumer or by a third-party to the food
25service establishment or a retail mercantile establishment.



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1    Section 35. Physical fitness services; disclosure of total
2payment obligations. Every contract for physical fitness
3services shall be in writing and shall be subject to the
4Physical Fitness Services Act. Every contract for physical
5fitness services shall set forth the customer's total payment
6obligation for physical fitness services to be received under
7the contract.
8    Section 40. 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 require retail mercantile
15establishment or food establishment to reimburse any fee or
16charge unless the fee or charge is found to be illegal or is
17illegally applied, as determined by a court of law.
18    (c) Nothing in this Act shall be construed to limit,
19regulate, or prohibit a retail mercantile establishment's or
20food establishment's ability to set prices for consumer goods
21or services.
22    (d) The advertising and display of motor fuel by a
23retailer as defined by the Motor Fuel and Petroleum Standards
24Act is subject to the requirements provided in subsection (e)



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1of Section 17-5.7 of the Criminal Code of 2012.
2    (e) The disclosure of discounted prices by a retail
3mercantile establishment are subject to the requirements of
4the Sale Price Ad Act.
5    (f) The requirements of this Act do not apply to consumer
6purchases made at wholesale clubs that sell consumer goods and
7services through a membership model.
8    (g) Nothing in this Act alters any federal law.
9    (h) Nothing in this Act shall infringe or impede on any
10right or remedy available under State law.
11    Section 45. Enforcement under the Consumer Fraud and
12Deceptive Business Practices Act. The Attorney General may
13enforce violations of this Act as an unlawful practice under
14the Consumer Fraud and Deceptive Business Practices Act. All
15remedies, penalties, and authority granted to the Attorney
16General by that Act shall be available to the Attorney General
17for the enforcement of this Act.
18    Section 50. Home rule. The disclosure of the total price,
19as defined in this Act, of a consumer good or service is an
20exclusive power and function of the State. A home rule unit may
21not regulate the disclosure of total prices by retail
22mercantile establishments or food service establishments. This
23Section is a denial and limitation of home rule powers and
24functions under subsection (h) of Section 6 of Article VII of



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1the Illinois Constitution.".