Full Text of HB3095 102nd General Assembly
HB3095 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3095 Introduced 2/19/2021, by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: |
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Creates the Delivery Service Regulation Act. Limits fees that third-party delivery services may charge with respect to deliveries from restaurants and grocery stores. Requires a discount of fees for grocery deliveries in food deserts. Provides for the Department of Financial and Professional Regulation to conduct a study on the provision of services, including transportation services, and fees of third-party delivery services. Defines terms.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB3095 | | LRB102 15177 JLS 20532 b |
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| 1 | | AN ACT concerning business.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Delivery Service Regulation Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Delivery fee" means a fee charged by a third-party | 8 | | delivery service for providing a food dispensing establishment | 9 | | with a service that delivers food and beverages from the | 10 | | establishment to customers or charged for delivery from a | 11 | | grocery store. | 12 | | "Food desert" means an urban area in which it is difficult | 13 | | to buy affordable or good quality fresh food.
| 14 | | "Food dispensing establishment" means any fixed location | 15 | | where food or drink is routinely prepared and served or | 16 | | provided for the public for consumption on or off the premises | 17 | | with or without charge. Such establishments include, but are | 18 | | not limited to, restaurants, coffee shops, cafeterias, short | 19 | | order cafes, luncheonettes, grills, tearooms, sandwich shops, | 20 | | soda fountains, taverns, bars, cocktail lounges, nightclubs, | 21 | | industrial feeding establishments, take-out establishments, | 22 | | private institutions or organizations routinely serving food, | 23 | | catering kitchens, commissaries, or any other eating or |
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| 1 | | drinking establishment or operation.
| 2 | | "Grocery store" means a business engaged in the sale of | 3 | | food, beverages and other goods usually used in a home. | 4 | | "Third-party delivery service" means any website, mobile | 5 | | application, or other Internet service that offers or arranges | 6 | | for the provision of transportation services or that arranges | 7 | | for the sale of food and beverages prepared by, and the | 8 | | delivery or pick-up of food and beverages from, food | 9 | | dispensing establishments or grocery stores that are each | 10 | | owned and operated by different persons.
| 11 | | Section 10. Delivery service fees limited. | 12 | | (a) A third-party delivery service may not charge a fee to | 13 | | a food dispensing establishment or grocery store in excess of | 14 | | 15% of the cost of the item being delivered. | 15 | | (b) Fees imposed by a third-party delivery service upon | 16 | | consumers must be equitable and may not discriminate against | 17 | | consumers based on race, gender, sexual orientation, national | 18 | | origin, ethnicity, or socioeconomic status. | 19 | | (c) A third-party delivery service must provide a discount | 20 | | of 25% from its usual and customary fee charged for delivery of | 21 | | groceries to a consumer located in a food desert.
| 22 | | Section 15. Fee disparity study. The Department of | 23 | | Financial and Professional Regulation shall perform a | 24 | | disparity study on the provision of transportation services |
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| 1 | | and on the fees charged by third-party delivery services. The | 2 | | study shall be designed to ascertain whether there is a | 3 | | disparity in the fees charged by zip code, race, gender, | 4 | | sexual orientation, national origin, ethnicity, or | 5 | | socioeconomic status.
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