Bill Amendment: IL HB2910 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: GROCERY-DISCOUNT PRICE-DISPLAY
Status: 2022-05-06 - Public Act . . . . . . . . . 102-0722 [HB2910 Detail]
Download: Illinois-2021-HB2910-House_Amendment_002.html
Bill Title: GROCERY-DISCOUNT PRICE-DISPLAY
Status: 2022-05-06 - Public Act . . . . . . . . . 102-0722 [HB2910 Detail]
Download: Illinois-2021-HB2910-House_Amendment_002.html
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1 | AMENDMENT TO HOUSE BILL 2910
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2 | AMENDMENT NO. ______. Amend House Bill 2910, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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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:
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7 | (815 ILCS 408/1) (was 720 ILCS 350/1)
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8 | Sec. 1. As used in this Act:
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9 | "Seller" means any person or legal entity that is in the
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10 | business of selling consumer goods to the public.
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11 | "Consumer goods" means any machine, appliance, clothing, | ||||||
12 | or like
product bought for personal, family or household | ||||||
13 | purposes.
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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.
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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.)
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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.
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14 | (815 ILCS 408/4) (was 720 ILCS 350/4)
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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.
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19 | (Source: P.A. 79-732.)
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20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.".
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