Public Act 102-0722
 
HB2910 EnrolledLRB102 12677 JLS 18016 b


  
    AN ACT concerning business.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Sale Price Ad Act is amended  by changing 
Sections 1, and 4 and  by adding Section 3.5 as follows:
 



    (815 ILCS 408/1)  (was 720 ILCS 350/1)



    Sec. 1. As used in this Act: 

    "Seller" means any person or legal entity that is in the

business of selling consumer goods to the public.

    "Consumer goods" means any machine, appliance, clothing, 
or like
product bought for personal, family or household 
purposes.

    "Advertise" or "Advertising" means a notice in a 
newspaper,
magazine, pamphlet or flyer; an announcement on 
television, cable
television, or radio; and any other method 
of communicating
to the public.

    "Discount" includes, but is not limited to, any coupon or 
promotion in an electronic, digital, paper, or any other 
format that offers a price reduction or credit for any goods to 
a consumer, either directly or indirectly, through redemption 
by a retailer.
    "Person" means an individual, natural person, public or 
private corporation, government, partnership, unincorporated 
association, or other entity.
    "Retail mercantile establishment" means a retailer where 
55% or more of its gross sales include nonprescription 
medicines and any cooked or uncooked article of food, 
beverage, alcohol, confection, or condiment used for or 
intended to be used for human consumption off premises.
    "Self-service checkout" means an interactive electronic 
terminal that facilitates an action or displays a piece of 
information and allows a consumer to pay for goods and 
services.
(Source: P.A. 79-732.)

 
    (815 ILCS 408/3.5 new)
    Sec. 3.5. Disclosure of discounted price; grocery stores; 
supermarkets.
    (a)   If a discount is offered for an item, the retail 
mercantile establishment shall provide (i) the original price 
and the discounted price; (ii) the original price and a credit 
or reduction of the advertised savings; (iii) the amount saved 
or the amount reduced as a percentage; or (iv) any other format 
for showing the advertised savings of the discount to the 
consumer. The retail mercantile establishment may use any 
reasonable method available to provide notice of the 
advertised savings of the discount, including, but not limited 
to, the following commercial channels:
        (1)   by screen or other display at the point of sale;
        (2)   by paper or electronic receipt;
        (3)   by email, text message, mobile or computer 
    application, or any other electronic or digital 
    communication;
        (4)   by in-store consumer promotions, advertisement, or 
    any other similar display;
        (5)   by membership, loyalty, or reward program or any 
    other similar program; or
        (6)   by any other reasonable means available to the 
    retail mercantile establishment.
    Nothing in this Section shall prohibit a retail mercantile 
establishment from providing notice of discounts to consumers 
through more than one commercial channel or require the retail 
mercantile establishment to provide notice of discounts to 
consumers through more than one commercial channel.
    (b)   In order to be in compliance with this Section, a 
retail mercantile establishment may request information from 
the consumer that will facilitate the required notice of the 
discount to the consumer. A retail mercantile establishment 
subject to this Section that accepts information provided by 
the consumer shall be deemed in compliance with any law 
regulating the collection of personal or biometric 
information.
    (c)   If a consumer refuses to provide information to the 
retail mercantile establishment in order for the retail 
mercantile establishment to comply with this Section, the 
retail mercantile establishment shall not be liable under this 
Section.
    (d)   Consumer discounts are expressly allowed under 27 CFR 
6.96. Notwithstanding 27 CFR 6.96, nothing in this Section, 
other laws, or rules shall be construed to regulate, limit, or 
prohibit the terms of a consumer discount or the ability of a 
retail mercantile establishment from offering consumer 
discounts for any retail product.
    (e)   The final purchase price that includes discounted 
items offered by a retail mercantile establishment must be 
excluded from the amount upon which any fee is charged the 
retail mercantile establishment by any person when a consumer 
uses a card, note, plate, coupon book, credit, or any other 
similar device to purchase the discounted item or items.
    (f)   The requirements in subsection (a) do not apply to 
self-service checkout. Nothing in this Section, other laws, or 
rules shall be construed to limit, regulate, or prohibit the 
use of a self-service checkout by a retail mercantile 
establishment or the products or services purchased at a 
self-service checkout located on or within the premises of a 
retail mercantile establishment.
    (g)  The requirements in subsection (a) do not apply to 
consumer purchases made at wholesale clubs that sell consumer 
goods and services through a membership model.
    (h)   The regulation of the disclosure of discounted prices 
by retail mercantile establishments is an exclusive power and 
function of the State. A home rule unit may not regulate the 
disclosure of discounted prices by retail mercantile 
establishments. This Section is a denial and limitation of 
home rule powers and functions under subsection (h) of Section 
6 of Article VII of the Illinois Constitution.
 



    (815 ILCS 408/4)  (was 720 ILCS 350/4)



    Sec. 4. 
Violation of this Act is a business offense with
a 
fine not to exceed $25. A person or retail mercantile 
establishment shall not be fined in excess of $500 per year for 
violations under this Act.

(Source: P.A. 79-732.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.