Full Text of HB4629 103rd General Assembly
HB4629ham002 103RD GENERAL ASSEMBLY | Rep. Bob Morgan Filed: 4/11/2024 | | 10300HB4629ham002 | | LRB103 36169 SPS 72200 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 4629
| 2 | | AMENDMENT NO. ______. Amend House Bill 4629, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following: | 5 | | "Section 1. Short title. This Act may be cited as the Junk | 6 | | Fee Ban Act. | 7 | | Section 5. Definitions. | 8 | | "Ancillary good or service" means any additional | 9 | | merchandise offered to a consumer as part of the same | 10 | | transaction. | 11 | | "Advertisement" means a notice in any printed material, | 12 | | television, Internet, email, text message, mobile or computer | 13 | | application, or any other similar physical, electronic, or | 14 | | digital communication regarding the sale of a consumer good or | 15 | | service. | 16 | | "Bar" or "tavern" means an establishment that is devoted |
| | | 10300HB4629ham002 | - 2 - | LRB103 36169 SPS 72200 a |
|
| 1 | | to the serving of alcoholic beverages for consumption by | 2 | | guests on the premises and that derives no more than 50% of its | 3 | | gross revenue from the sale of food consumed on the premises, | 4 | | including, but not limited to, bars, taverns, nightclubs, | 5 | | cocktail lounges, adult entertainment facilities, and | 6 | | cabarets. | 7 | | "Consumer goods or services" means goods and services that | 8 | | are used or bought for use primarily for personal, family, or | 9 | | household purposes. | 10 | | "Display price" means the displayed price of a consumer | 11 | | good or service provided to the consumer within the retail | 12 | | mercantile establishment's physical location or Internet, | 13 | | email, text message, mobile or computer application, or any | 14 | | other similar physical, electronic, or digital communication. | 15 | | "Delivery fees" means any fee charged to a consumer for | 16 | | providing delivery of consumer goods, food, or beverages. | 17 | | "Food service establishment" means a bar, tavern, or | 18 | | restaurant. | 19 | | "Interchange fee" means a fee that a financial | 20 | | institution, payment processor, credit card payment network, | 21 | | or other person or entity charges a person, retail mercantile | 22 | | establishment, food service establishment, or physical fitness | 23 | | center when a consumer uses a card, note, plate, coupon book, | 24 | | credit, or similar device to purchase a consumer product or | 25 | | service. | 26 | | "Physical fitness center" means any person or business |
| | | 10300HB4629ham002 | - 3 - | LRB103 36169 SPS 72200 a |
|
| 1 | | entity offering physical fitness services to the public. | 2 | | "Physical fitness services" includes instruction, training | 3 | | or assistance in physical culture, bodybuilding, exercising, | 4 | | weight reducing, figure development, judo, karate, | 5 | | self-defense training, or any similar activity, the use of the | 6 | | facilities of a physical fitness center for any such | 7 | | activities, or membership in any group formed by a physical | 8 | | fitness center for any such purposes. | 9 | | "Place of short-term lodging" means a hotel, motel, inn, | 10 | | short-term rental, or other place of lodging that advertises | 11 | | at a price that is a nightly, hourly, or weekly rate. | 12 | | "Person" means an individual, natural person, public or | 13 | | private corporation, government, partnership, unincorporated | 14 | | association, or other entity. "Person" does not include food | 15 | | service establishment, retail mercantile establishment, or | 16 | | physical fitness center. | 17 | | "Pricing information" means any information relating to an | 18 | | amount a consumer may pay as part of a transaction. | 19 | | "Restaurant" means any business that is primarily engaged | 20 | | in the sale of ready-to-eat food for immediate consumption. | 21 | | For the purpose of this definition, "primarily engaged" means | 22 | | having sales of ready-to-eat food for immediate consumption | 23 | | comprising at least 51% of the total sales, excluding the sale | 24 | | of liquor. | 25 | | "Retail mercantile establishment" means a business that | 26 | | provides consumer goods and services to consumers at retail |
| | | 10300HB4629ham002 | - 4 - | LRB103 36169 SPS 72200 a |
|
| 1 | | and generates occupation or use tax revenue. "Retail | 2 | | mercantile establishment" does not include a food service | 3 | | establishment or physical fitness center. | 4 | | "Shipping charges" means the fees or charges that | 5 | | reasonably reflect the amount to be incurred to send goods to a | 6 | | consumer through the mail, including private mail services. | 7 | | "Total price" means the maximum total of all fees or | 8 | | charges a consumer shall pay for a good or service and any | 9 | | mandatory ancillary good or service. "Total price" does not | 10 | | include shipping charges or taxes, gratuities, interchange | 11 | | fees, discounts regulated pursuant to the Sale Price Ad Act, | 12 | | or fees collected and passed on to a quasi-governmental | 13 | | entity, including any assessment fees associated with a | 14 | | government created special district. | 15 | | Section 10. Hidden and misleading fees. It is a violation | 16 | | of 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 |
| | | 10300HB4629ham002 | - 5 - | LRB103 36169 SPS 72200 a |
|
| 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 | 14 | | services; disclosure of total price. If a retail mercantile | 15 | | establishment or food service establishment that advertises | 16 | | consumer goods or service are for sale and that advertisement | 17 | | states the total price of the consumer goods or service, the | 18 | | stated total price shall include all fees or charges that | 19 | | apply to the service or the consumer good or the advertisement | 20 | | shall state clearly that additional fees or charges may be | 21 | | added to the total price. | 22 | | Section 20. Retail mercantile establishments; disclosure | 23 | | of total price. A retail mercantile establishment is not | 24 | | required to provide the total price in the display price of a |
| | | 10300HB4629ham002 | - 6 - | LRB103 36169 SPS 72200 a |
|
| 1 | | consumer good or service. A retail mercantile establishment | 2 | | may use any reasonable method available to provide notice of | 3 | | the total price, including, but not limited to, the following | 4 | | commercial 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 | 17 | | total price. A food service establishment is not required to | 18 | | provide the total price within the display price of food or | 19 | | beverages. A food service establishment shall provide notice | 20 | | of a consumer fee or charge prior to the purchase of the food | 21 | | or beverages. A food service establishment may use any | 22 | | reasonable method available to provide notice of the total | 23 | | price, including, but not limited to, the following commercial | 24 | | channels: | 25 | | (1) at the establishment's premises on a menu, on a |
| | | 10300HB4629ham002 | - 7 - | LRB103 36169 SPS 72200 a |
|
| 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 | 17 | | establishment shall provide notice of any delivery fee charged | 18 | | to a consumer prior to the acceptance of the delivery. This | 19 | | notice shall be provided pursuant to any reasonable method | 20 | | provided in Section 20 or 25. | 21 | | (b) A food service establishment or retail mercantile | 22 | | establishment is not responsible for providing notice to | 23 | | consumers of delivery fees or other fees charged by a | 24 | | third-party to the consumer or by a third-party to the food | 25 | | service establishment or a retail mercantile establishment. |
| | | 10300HB4629ham002 | - 8 - | LRB103 36169 SPS 72200 a |
|
| 1 | | Section 35. Physical fitness services; disclosure of total | 2 | | payment obligations. Every contract for physical fitness | 3 | | services shall be in writing and shall be subject to the | 4 | | Physical Fitness Services Act. Every contract for physical | 5 | | fitness services shall set forth the customer's total payment | 6 | | obligation for physical fitness services to be received under | 7 | | the contract. | 8 | | Section 40. Limitations. | 9 | | (a) Nothing in this Act shall be construed to limit, | 10 | | regulate, or prohibit a retail mercantile establishment or | 11 | | food establishment's ability to charge consumers fees or | 12 | | similar charges associated with consumer goods, food, | 13 | | beverages, or services. | 14 | | (b) Nothing in this Act shall require retail mercantile | 15 | | establishment or food establishment to reimburse any fee or | 16 | | charge unless the fee or charge is found to be illegal or is | 17 | | illegally applied, as determined by a court of law. | 18 | | (c) Nothing in this Act shall be construed to limit, | 19 | | regulate, or prohibit a retail mercantile establishment's or | 20 | | food establishment's ability to set prices for consumer goods | 21 | | or services. | 22 | | (d) The advertising and display of motor fuel by a | 23 | | retailer as defined by the Motor Fuel and Petroleum Standards | 24 | | Act is subject to the requirements provided in subsection (e) |
| | | 10300HB4629ham002 | - 9 - | LRB103 36169 SPS 72200 a |
|
| 1 | | of Section 17-5.7 of the Criminal Code of 2012. | 2 | | (e) The disclosure of discounted prices by a retail | 3 | | mercantile establishment are subject to the requirements of | 4 | | the Sale Price Ad Act. | 5 | | (f) The requirements of this Act do not apply to consumer | 6 | | purchases made at wholesale clubs that sell consumer goods and | 7 | | services 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 | 10 | | right or remedy available under State law. | 11 | | Section 45. Enforcement under the Consumer Fraud and | 12 | | Deceptive Business Practices Act. The Attorney General may | 13 | | enforce violations of this Act as an unlawful practice under | 14 | | the Consumer Fraud and Deceptive Business Practices Act. All | 15 | | remedies, penalties, and authority granted to the Attorney | 16 | | General by that Act shall be available to the Attorney General | 17 | | for the enforcement of this Act. | 18 | | Section 50. Home rule. The disclosure of the total price, | 19 | | as defined in this Act, of a consumer good or service is an | 20 | | exclusive power and function of the State. A home rule unit may | 21 | | not regulate the disclosure of total prices by retail | 22 | | mercantile establishments or food service establishments. This | 23 | | Section is a denial and limitation of home rule powers and | 24 | | functions under subsection (h) of Section 6 of Article VII of |
| | | 10300HB4629ham002 | - 10 - | LRB103 36169 SPS 72200 a |
|
| 1 | | the Illinois Constitution.". |
|