Illinois 2023-2024 Regular Session

Illinois House Bill HB3507 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3507 Introduced , by Rep. Lilian Jimnez SYNOPSIS AS INTRODUCED: New Act Creates the Gender Tax Repeal Act. Provides that a business shall not charge a different price for any goods or services that are substantially similar if those goods are priced differently based on the gender of the individuals for whom the goods are marketed and intended. Provides for civil penalties. Provides that the Act does not alter or affect the provisions of the Insurance Code or other laws that govern health care service plans or insurer underwriting or rating practices. LRB103 27801 SPS 54179 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3507 Introduced , by Rep. Lilian Jimnez SYNOPSIS AS INTRODUCED: New Act New Act Creates the Gender Tax Repeal Act. Provides that a business shall not charge a different price for any goods or services that are substantially similar if those goods are priced differently based on the gender of the individuals for whom the goods are marketed and intended. Provides for civil penalties. Provides that the Act does not alter or affect the provisions of the Insurance Code or other laws that govern health care service plans or insurer underwriting or rating practices. LRB103 27801 SPS 54179 b LRB103 27801 SPS 54179 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3507 Introduced , by Rep. Lilian Jimnez SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Gender Tax Repeal Act. Provides that a business shall not charge a different price for any goods or services that are substantially similar if those goods are priced differently based on the gender of the individuals for whom the goods are marketed and intended. Provides for civil penalties. Provides that the Act does not alter or affect the provisions of the Insurance Code or other laws that govern health care service plans or insurer underwriting or rating practices.
6	6	LRB103 27801 SPS 54179 b LRB103 27801 SPS 54179 b
7	7	LRB103 27801 SPS 54179 b
8	8	A BILL FOR
9	9	HB3507LRB103 27801 SPS 54179 b HB3507 LRB103 27801 SPS 54179 b
10	10	HB3507 LRB103 27801 SPS 54179 b
11	11	1 AN ACT concerning business.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the Gender
15	15	5 Tax Repeal Act.
16	16	6 Section 5. Definitions. As used in this Act:
17	17	7 "Business" means any business acting in this State that
18	18	8 sells goods or services to any individual or entity,
19	19	9 including, but not limited to, retailers, suppliers,
20	20	10 manufacturers, and distributors.
21	21	11 "Goods" means any consumer products used, bought, or
22	22	12 rendered primarily for personal, family, or household
23	23	13 purposes.
24	24	14 "Services" means work or labor of any kind rendered or
25	25	15 furnished or agreed to be rendered or furnished by a business.
26	26	16 "Substantially similar" means different goods that exhibit
27	27	17 all of the following characteristics:
28	28	18 (1) no substantial differences in the materials used
29	29	19 in production;
30	30	20 (2) the intended use is similar;
31	31	21 (3) the functional design and features are similar;
32	32	22 and
33	33	23 (4) the brand is the same or both brands are owned by
34	34
35	35
36	36
37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3507 Introduced , by Rep. Lilian Jimnez SYNOPSIS AS INTRODUCED:
38	38	New Act New Act
39	39	New Act
40	40	Creates the Gender Tax Repeal Act. Provides that a business shall not charge a different price for any goods or services that are substantially similar if those goods are priced differently based on the gender of the individuals for whom the goods are marketed and intended. Provides for civil penalties. Provides that the Act does not alter or affect the provisions of the Insurance Code or other laws that govern health care service plans or insurer underwriting or rating practices.
41	41	LRB103 27801 SPS 54179 b LRB103 27801 SPS 54179 b
42	42	LRB103 27801 SPS 54179 b
43	43	A BILL FOR
44	44
45	45
46	46
47	47
48	48
49	49	New Act
50	50
51	51
52	52
53	53	LRB103 27801 SPS 54179 b
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63	HB3507 LRB103 27801 SPS 54179 b
64	64
65	65
66	66	HB3507- 2 -LRB103 27801 SPS 54179 b HB3507 - 2 - LRB103 27801 SPS 54179 b
67	67	HB3507 - 2 - LRB103 27801 SPS 54179 b
68	68	1 the same individual or entity.
69	69	2 "Substantially similar" does not include goods that are
70	70	3 only different in coloring.
71	71	4 Section 10. Prohibition on gender discrimination in the
72	72	5 sale of goods.
73	73	6 (a) A business shall not charge a different price for any
74	74	7 goods that are substantially similar if those goods are priced
75	75	8 differently based on the gender of the individuals for whom
76	76	9 the goods are marketed and intended.
77	77	10 (b) Nothing in subsection (a) prohibits differences in the
78	78	11 price of goods based specifically upon any of the following:
79	79	12 (1) the amount of time it took to manufacture those
80	80	13 goods;
81	81	14 (2) the difficulty in manufacturing those goods;
82	82	15 (3) the cost incurred in manufacturing those goods;
83	83	16 (4) the labor used in manufacturing those goods;
84	84	17 (5) the materials used in manufacturing those goods;
85	85	18 or
86	86	19 (6) any other gender-neutral reason for charging a
87	87	20 different price for those goods.
88	88	21 Section 15. Prohibition on gender discrimination in the
89	89	22 sale of services.
90	90	23 (a) A business shall not charge a different price for any
91	91	24 services that are substantially similar if those services are
92	92
93	93
94	94
95	95
96	96
97	97	HB3507 - 2 - LRB103 27801 SPS 54179 b
98	98
99	99
100	100	HB3507- 3 -LRB103 27801 SPS 54179 b HB3507 - 3 - LRB103 27801 SPS 54179 b
101	101	HB3507 - 3 - LRB103 27801 SPS 54179 b
102	102	1 priced differently based on the gender of the individuals for
103	103	2 whom the services are marketed and intended.
104	104	3 (b) Nothing in subsection (a) prohibits differences in
105	105	4 services based specifically upon any of the following:
106	106	5 (1) the amount of time it took to provide those
107	107	6 services;
108	108	7 (2) the difficulty in providing those services;
109	109	8 (3) the cost incurred in providing those services;
110	110	9 (4) the labor used in providing those services;
111	111	10 (5) the materials used in providing those services; or
112	112	11 (6) any other gender-neutral reason for charging a
113	113	12 different price for those services.
114	114	13 (c) The following businesses shall clearly and
115	115	14 conspicuously disclose to the customer in writing the pricing
116	116	15 for each standard service provided:
117	117	16 (1) tailors or businesses providing aftermarket
118	118	17 clothing alterations;
119	119	18 (2) barbers or hair salons; and
120	120	19 (3) dry cleaners and laundries providing services to
121	121	20 individuals.
122	122	21 (d) The price list of services shall be posted in an area
123	123	22 conspicuous to customers. The posted price lists shall be in
124	124	23 no less than 14-point boldface type and clearly and completely
125	125	24 display pricing for every standard service offered by the
126	126	25 business. The business establishment shall provide the
127	127	26 customer with a complete written price list upon request.
128	128
129	129
130	130
131	131
132	132
133	133	HB3507 - 3 - LRB103 27801 SPS 54179 b
134	134
135	135
136	136	HB3507- 4 -LRB103 27801 SPS 54179 b HB3507 - 4 - LRB103 27801 SPS 54179 b
137	137	HB3507 - 4 - LRB103 27801 SPS 54179 b
138	138	1 Section 20. Violations; civil penalties.
139	139	2 (a) Notwithstanding any other law, if the Attorney General
140	140	3 has cause to believe that a violation of this Act has occurred,
141	141	4 the Attorney General may, upon notice to the defendant of not
142	142	5 less than 5 days, seek a court order to enjoin and restrain the
143	143	6 continuance of those violations.
144	144	7 (b) If a court finds that the defendant has violated this
145	145	8 Act, an injunction may be issued by the court enjoining or
146	146	9 restraining any violation, without requiring proof that any
147	147	10 person has, in fact, been injured or damaged thereby. The
148	148	11 court may make direct restitution, if applicable. In
149	149	12 connection with the proposed application for an injunction,
150	150	13 the Attorney General is authorized to take proof and make a
151	151	14 determination of the relevant facts and to issue subpoenas in
152	152	15 accordance with the civil practice law and rules.
153	153	16 (c) If a court finds that the defendant has violated this
154	154	17 Act, the court may impose a civil penalty not to exceed $10,000
155	155	18 for the first violation, and a civil penalty not to exceed
156	156	19 $1,000 for each subsequent violation. The total civil penalty
157	157	20 imposed pursuant to this subsection shall not exceed $100,000.
158	158	21 (d) Notwithstanding subsection (c), a court may impose
159	159	22 additional civil penalties upon a defendant exceeding $100,000
160	160	23 if the defendant subsequently violates this Act with respect
161	161	24 to the same goods or services for which the maximum civil
162	162	25 penalty has been previously imposed under a separate civil
163	163
164	164
165	165
166	166
167	167
168	168	HB3507 - 4 - LRB103 27801 SPS 54179 b
169	169
170	170
171	171	HB3507- 5 -LRB103 27801 SPS 54179 b HB3507 - 5 - LRB103 27801 SPS 54179 b
172	172	HB3507 - 5 - LRB103 27801 SPS 54179 b
173	173	1 action or for any good or service for which the Attorney
174	174	2 General has not brought civil action under this Act.
175	175	3 (e) For the purposes of this Section, each instance of
176	176	4 charging a different price for goods or services that are
177	177	5 substantially similar shall constitute a single violation.
178	178	6 Section 25. Applicability. This Act does not alter or
179	179	7 affect the provisions of the Insurance Code or other laws that
180	180	8 govern health care service plans or insurer underwriting or
181	181	9 rating practices.
182	182
183	183
184	184
185	185
186	186
187	187	HB3507 - 5 - LRB103 27801 SPS 54179 b