Illinois General Assembly - Bill Status for SB0672
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 Bill Status of SB0672  102nd General Assembly


Short Description:  FAIR FOOD DELIVERY ACT

Senate Sponsors
Sen. Melinda Bush - Sara Feigenholtz - Jason Plummer - Robert Peters, Bill Cunningham, Elgie R. Sims, Jr., Robert F. Martwick, Cristina Castro, Suzy Glowiak Hilton, Ann Gillespie, Mattie Hunter, Celina Villanueva, Christopher Belt, Laura Fine, Adriane Johnson and Laura M. Murphy

House Sponsors
(Rep. Ann M. Williams)

Last Action
DateChamber Action
  5/5/2021HouseAssigned to Labor & Commerce Committee

Statutes Amended In Order of Appearance
New Act


Synopsis As Introduced
Creates the Fair Food Delivery Act. Prohibits a third-party delivery service from using the likeness, registered trademark, or intellectual property belonging to a merchant without obtaining written consent from the merchant for the use of the likeness, trademark, or other intellectual property. Provides that an agreement subject to the Act may not include a provision that requires a merchant to indemnify a third-party delivery service, an independent contractor acting on behalf of the third-party delivery service, or a registered agent of the third-party delivery service for any damages or harm that may occur after the merchant's product leaves the merchant's place of business. Authorizes recovery of actual damages or $5,000, whichever is greater. Imposes a civil penalty of not more than $1,000 per violation. Provides that each day a violation occurs constitutes a separate violation. Defines terms. Effective immediately.

Senate Floor Amendment No. 1
Removes a provision concerning third-party use of merchant trademarks and likenesses and instead provides that a third-party delivery service may not purchase or use the name, likeness, registered trademark, or intellectual property belonging to a merchant, and may not take or arrange for the pickup or delivery of an order from a merchant, without first obtaining written consent from the merchant. Provides that an agreement subject to the Fair Food Delivery Act may not include a provision that requires a merchant to indemnify a third-party delivery service, an independent contractor of the third-party delivery service, or a registered agent of the third-party delivery service for any damages or harm partially or wholly caused by or resulting from the third-party delivery service, an independent contractor of the third-party delivery service, or a registered agent of the third-party delivery service. Removes the immediate effective date.

Senate Floor Amendment No. 2
Replaces everything after the enacting clause. Creates the Fair Food Delivery Act. Provides that a third-party delivery service may not purchase or use the name, likeness, registered trademark, or intellectual property belonging to a merchant, and may not take or arrange for the pickup or delivery of an order from a merchant through the marketplace, without first obtaining written consent from the merchant. Provides that an agreement entered into pursuant to the Act may not include a provision that requires a merchant to indemnify a third-party delivery service, an independent contractor of the third-party delivery service, or a registered agent of the third-party delivery service for any damages or harm partially or wholly caused by or resulting from the third-party delivery service, an independent contractor of the third-party delivery service, or a registered agent of the third-party delivery service. Authorizes recovery of actual damages or $5,000, whichever is greater. Imposes a civil penalty of not more than $1,000 per violation. Provides that each day a violation occurs constitutes a separate violation. Defines terms.

Actions 
DateChamber Action
  2/25/2021SenateFiled with Secretary by Sen. Melinda Bush
  2/25/2021SenateFirst Reading
  2/25/2021SenateReferred to Assignments
  3/9/2021SenateAssigned to Commerce
  3/23/2021SenateAdded as Chief Co-Sponsor Sen. Sara Feigenholtz
  3/25/2021SenatePostponed - Commerce
  3/25/2021SenateAdded as Chief Co-Sponsor Sen. Jason Plummer
  4/15/2021SenateDo Pass Commerce; 011-000-000
  4/15/2021SenatePlaced on Calendar Order of 2nd Reading April 20, 2021
  4/15/2021SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Melinda Bush
  4/15/2021SenateSenate Floor Amendment No. 1 Referred to Assignments
  4/20/2021SenateSenate Floor Amendment No. 1 Assignments Refers to Commerce
  4/21/2021SenateSecond Reading
  4/21/2021SenatePlaced on Calendar Order of 3rd Reading April 22, 2021
  4/21/2021SenateAdded as Co-Sponsor Sen. Bill Cunningham
  4/21/2021SenateAdded as Co-Sponsor Sen. Elgie R. Sims, Jr.
  4/21/2021SenateAdded as Co-Sponsor Sen. Robert F. Martwick
  4/21/2021SenateAdded as Co-Sponsor Sen. Cristina Castro
  4/21/2021SenateAdded as Co-Sponsor Sen. Robert Peters
  4/21/2021SenateAdded as Co-Sponsor Sen. Suzy Glowiak Hilton
  4/22/2021SenateSenate Floor Amendment No. 1 Recommend Do Adopt Commerce; 009-000-000
  4/22/2021SenateAdded as Chief Co-Sponsor Sen. Robert Peters
  4/22/2021SenateAdded as Co-Sponsor Sen. Ann Gillespie
  4/22/2021SenateAdded as Co-Sponsor Sen. Mattie Hunter
  4/22/2021SenateAdded as Co-Sponsor Sen. Celina Villanueva
  4/23/2021SenateAdded as Co-Sponsor Sen. Christopher Belt
  4/23/2021SenateAdded as Co-Sponsor Sen. Laura Fine
  4/23/2021SenateRule 2-10 Third Reading Deadline Established As April 30, 2021
  4/27/2021SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Melinda Bush
  4/27/2021SenateSenate Floor Amendment No. 2 Referred to Assignments
  4/28/2021SenateSenate Floor Amendment No. 2 Assignments Refers to Commerce
  4/29/2021SenateSenate Floor Amendment No. 2 Recommend Do Adopt Commerce; 010-000-000
  4/29/2021SenateRecalled to Second Reading
  4/29/2021SenateSenate Floor Amendment No. 1 Adopted; Bush
  4/29/2021SenateSenate Floor Amendment No. 2 Adopted; Bush
  4/29/2021SenateThird Reading - Passed; 055-000-000
  4/29/2021SenateAdded as Co-Sponsor Sen. Adriane Johnson
  4/29/2021SenateAdded as Co-Sponsor Sen. Laura M. Murphy
  4/30/2021HouseArrived in House
  4/30/2021HouseChief House Sponsor Rep. Ann M. Williams
  5/4/2021HouseFirst Reading
  5/4/2021HouseReferred to Rules Committee
  5/5/2021HouseAssigned to Labor & Commerce Committee

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