FAIR FOOD DELIVERY ACT Senate SponsorsSen. Mattie Hunter-Sara Feigenholtz, Bill Cunningham, Elgie R. Sims, Jr., Robert F. Martwick, Cristina Castro, Suzy Glowiak Hilton-Robert Peters, Ann Gillespie, Celina Villanueva, Christopher Belt, Laura Fine, Adriane Johnson, Laura M. Murphy and Napoleon Harris, III House Sponsors(Rep. Kelly M. Burke-Dan Ugaste-Will Guzzardi-Stephanie A. Kifowit and Mike Murphy) 8/13/2021SenatePublic Act . . . . . . . . . 102-0358 New ActCreates 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. Reinserts the provisions of the bill as amended by Senate Amendment No. 1 with the following changes. Removes bars from the definition of "merchant". Provides that a merchant whose likeness is used (rather than whose likeness is used, or pickup or delivery is arranged through the marketplace) by a third-party delivery service in violation of the Act may bring an action in the circuit court in the county in which the merchant or third-party delivery service conducts business to recover actual damages or $5,000, whichever is greater. Makes grammatical and other changes.House Committee Amendment No. 1 Deletes reference to:New ActAdds reference to:820 ILCS 90/5820 ILCS 90/7 new820 ILCS 90/10820 ILCS 90/15 new820 ILCS 90/20 new820 ILCS 90/25 new820 ILCS 90/30 new820 ILCS 90/35 new820 ILCS 90/97 newReplaces everything after the enacting clause. Amends the Illinois Freedom to Work Act. Provides that a covenant not to compete shall not be valid or enforceable unless the employee's actual or expected annualized rate of earnings exceeds $75,000 per year on the effective date of the amendatory Act, $80,000 per year beginning on January 1, 2027, $85,000 per year beginning on January 1, 2032, or $90,000 per year beginning on January 1, 2037 (rather than no employer shall enter into a covenant not to compete with any low-wage employee of the employer). Provides that a covenant not to solicit shall not be valid or enforceable unless the employee's actual or expected annualized rate of earnings exceeds $45,000 per year and increasing in steps to $52,500 per year in 2037. Provides that a covenant not to compete is void and illegal for any employee who an employer terminates or furloughs or lays off as the result of business circumstances or governmental orders related to the COVID-19 pandemic, or under circumstances that are similar to the COVID-19 pandemic, unless enforcement of the covenant not to compete includes compensation equivalent to the employee's base salary at the time of termination for the period of enforcement minus compensation earned through subsequent employment during the period of enforcement. Provides that a covenant not to compete is void and illegal for individuals covered by a collective bargaining agreement under the Illinois Public Labor Relations Act or the Illinois Educational Labor Relations Act or individuals employed in construction. Establishes exclusions for management professional personnel engaged in the construction industry. Provides a procedure for enforcement by the Attorney General. Contains provisions concerning the enforceability of a covenant not to compete or a covenant not to solicit; notice requirements for employers under a covenant not to compete or a covenant not to solicit; remedies for employees who prevail against an employer's civil action to enforce a covenant not to compete or a covenant not to solicit; and certain factors a court may consider when determining whether to reform a covenant not to compete or a covenant not to solicit. Defines "adequate consideration"; "covenant not to compete"; "covenant not to solicit"; "earnings"; "employee"; and "construction". Removes the definition for the term "low-wage employee". Contains a severability clause. Effective January 1, 2022. 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 5/15/2021HouseRule 19(a) / Re-referred to Rules Committee 5/20/2021SenateChief Sponsor Changed to Sen. Mattie Hunter 5/24/2021HouseAssigned to Labor & Commerce Committee 5/24/2021HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Kelly M. Burke 5/24/2021HouseHouse Committee Amendment No. 1 Referred to Rules Committee 5/24/2021HouseCommittee Deadline Extended-Rule 9(b) May 28, 2021 5/24/2021HouseMoved to Suspend Rule 21 Rep. Carol Ammons 5/24/2021HouseSuspend Rule 21 - Prevailed 073-042-000 5/25/2021HouseHouse Committee Amendment No. 1 Rules Refers to Labor & Commerce Committee 5/25/2021HouseAdded Alternate Chief Co-Sponsor Rep. Dan Ugaste 5/25/2021HouseHouse Committee Amendment No. 1 Adopted in Labor & Commerce Committee; by Voice Vote 5/25/2021HouseDo Pass as Amended / Short Debate Labor & Commerce Committee; 024-000-000 5/25/2021HousePlaced on Calendar 2nd Reading - Short Debate 5/26/2021SenateSponsor Removed Sen. Jason Plummer 5/26/2021HouseSecond Reading - Short Debate 5/26/2021HouseHeld on Calendar Order of Second Reading - Short Debate 5/27/2021HouseAlternate Chief Sponsor Changed to Rep. Kelly M. Burke 5/28/2021HouseFinal Action Deadline Extended-9(b) May 31, 2021 5/30/2021HousePlaced on Calendar Order of 3rd Reading - Short Debate 5/30/2021HouseThird Reading - Short Debate - Passed 110-000-000 5/30/2021HouseAdded Alternate Co-Sponsor Rep. Mike Murphy 5/30/2021HouseAdded Alternate Chief Co-Sponsor Rep. Will Guzzardi 5/30/2021HouseAdded Alternate Chief Co-Sponsor Rep. Stephanie A. Kifowit 5/30/2021SenateSecretary's Desk - Concurrence House Amendment(s) 1 5/30/2021SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 31, 2021 5/30/2021SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Mattie Hunter 5/30/2021SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments 5/30/2021SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Executive 5/31/2021SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 015-000-000 5/31/2021SenateAdded as Co-Sponsor Sen. Napoleon Harris, III 5/31/2021SenateHouse Committee Amendment No. 1 Senate Concurs 056-000-000 5/31/2021SenateSenate Concurs 5/31/2021SenatePassed Both Houses 6/29/2021SenateSent to the Governor 8/13/2021SenateGovernor Approved 8/13/2021SenateEffective Date January 1, 2022 8/13/2021SenatePublic Act . . . . . . . . . 102-0358