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Full Text of HB0045
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HB0045 - 104th General Assembly
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House Amendment 001
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Introduced
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House Amendment 001
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HB0045 Enrolled
LRB104 05400 SPS 15429 b
1
AN ACT concerning business.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
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Section 5.
The Sale Price Ad Act is amended by changing
5
Sections 1 and 4 and by adding Section 3.7 as follows:
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(815 ILCS 408/1)
(was 720 ILCS 350/1)
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Sec. 1.
As used in this Act:
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"Seller" means any person or legal entity that is in the
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business of selling consumer goods to the public.
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"Consumer goods" means any machine, appliance, clothing,
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or like product bought for personal, family or household
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purposes.
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"Advertise" or "Advertising" means a notice in a
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newspaper, magazine, pamphlet or flyer; an announcement on
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television, cable television, or radio; and any other method
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of communicating to the public.
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"Digital promotion" means any discount advertised,
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offered, delivered, or redeemed by electronic means,
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including, but not limited to, a mobile application, website,
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email, or another similar method.
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"Discount" includes, but is not limited to, any coupon or
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promotion in an electronic, digital, paper, or any other
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format that offers a price reduction or credit for any goods to
HB0045 Enrolled
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LRB104 05400 SPS 15429 b
1
a consumer, either directly or indirectly, through redemption
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by a retailer.
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"Person" means an individual, natural person, public or
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private corporation, government, partnership, unincorporated
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association, or other entity.
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"Retail mercantile establishment" means a retailer where
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55% or more of its gross sales include nonprescription
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medicines and any cooked or uncooked article of food,
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beverage, alcohol, confection, or condiment used for or
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intended to be used for human consumption off premises.
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"Self-service checkout" means an interactive electronic
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terminal that facilitates an action or displays a piece of
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information and allows a consumer to pay for goods and
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services.
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(Source: P.A. 102-722, eff. 5-6-22.)
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(815 ILCS 408/3.7 new)
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Sec. 3.7.
Digital promotions; consumer access.
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(a) A retail mercantile establishment that owns and
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operates a mobile or computer application through which the
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retail mercantile establishment advertises, offers, delivers,
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or redeems digital promotions available in the retail
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mercantile establishment shall ensure that the benefits of a
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digital promotion are provided to any eligible consumer who
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meets the stated terms and conditions of the digital
25
promotion. A retail mercantile establishment may establish any
HB0045 Enrolled
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LRB104 05400 SPS 15429 b
1
redemption mechanism that allows an eligible consumer a
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practical means of receiving the digital promotion in the
3
ordinary course of a transaction, including, but not limited
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to, automatic discounts, point-of-sale assisted discounts, the
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use of barcodes, quick response codes, or other unique
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identifiers, or post-purchase methods, including the
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submission of a receipt or proof of purchase or any other
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reasonable means.
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(b) Nothing in this Section shall be construed to restrict
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a retail mercantile establishment's discretion to determine
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the format, technology, or process by which a digital
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promotion is redeemed or applied to a qualifying transaction
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if any eligible consumer receives the equal value of the
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digital promotion as advertised when the consumer satisfies
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the stated terms and conditions of the digital promotion.
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(c) Nothing in this Section shall be construed to require
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a retail mercantile establishment to:
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(1) offer or provide the benefits of any digital
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promotion, discount, or other incentive to consumers who
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are not enrolled in a loyalty, membership, rewards, or
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similar program when enrollment, application, or any
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comparable action in the program is required to receive
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the benefits; or
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(2) make available targeted or personalized offers
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that are based on a consumer's status in a loyalty,
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membership, rewards, or similar program.
HB0045 Enrolled
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LRB104 05400 SPS 15429 b
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(d) Nothing in this Section shall be construed to apply to
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a digital promotion in connection with online, delivery,
3
pickup, or other remote transactions or sales channel.
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(e) Except as otherwise provided under this Act or any
5
other federal or State law, no person may:
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(1) enforce any requirement, condition, penalty, or
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fine, contractually or otherwise, upon a retail mercantile
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establishment that relates to the offer or display of
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prices, discounts, digital promotions, or services for
10
sale by the retail mercantile establishment; or
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(2) otherwise restrict or regulate a retail mercantile
12
establishment's ability to provide discounts, digital
13
promotions, or incentives to consumers in connection with
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the purchase of consumer goods.
15
(815 ILCS 408/4)
(was 720 ILCS 350/4)
16
Sec. 4.
(a)
Violation of this Act is a business offense
17
with a fine not to exceed $25. A person or retail mercantile
18
establishment shall not be fined in excess of $500 per year for
19
violations under this Act.
A person may bring an action for
20
injunctive relief to obtain compliance with this Act. A
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prevailing party may recover reasonable attorney's fees and
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costs in an action brought under this Section.
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(b) No fine shall be imposed on a person or a retail
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mercantile establishment for a violation of this Act unless
25
the person or retail mercantile establishment is provided
HB0045 Enrolled
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LRB104 05400 SPS 15429 b
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written notice of the alleged violation and afforded 15 days
2
after receipt of the notice to cure the violation. If the
3
retail mercantile establishment cures the violation within the
4
15-day period, no fine shall be assessed for that violation.
5
(Source: P.A. 102-722, eff. 5-6-22.)
6
Section 97.
Severability.
The provisions of this Act are
7
severable under Section 1.31 of the Statute on Statutes.
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