Illinois 2025-2026 Regular Session

Illinois House Bill HB3583 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3583 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED: New Act815 ILCS 505/HHHH new Creates the Motor Fuel Minimum Markup Act. Provides that it is unlawful for a retailer, wholesaler, or refiner to sell or offer to sell motor fuel at less than a specified cost with the intent or effect of inducing the purchase of other merchandise or diverting trade from a competitor. Sets forth notice requirements. Provides that a violation of the Act constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act. Amends the Consumer Fraud and Deceptive Business Practices Act to make a conforming change. LRB104 12144 SPS 22243 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3583 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED: New Act815 ILCS 505/HHHH new New Act 815 ILCS 505/HHHH new Creates the Motor Fuel Minimum Markup Act. Provides that it is unlawful for a retailer, wholesaler, or refiner to sell or offer to sell motor fuel at less than a specified cost with the intent or effect of inducing the purchase of other merchandise or diverting trade from a competitor. Sets forth notice requirements. Provides that a violation of the Act constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act. Amends the Consumer Fraud and Deceptive Business Practices Act to make a conforming change. LRB104 12144 SPS 22243 b LRB104 12144 SPS 22243 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3583 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED:
3	3	New Act815 ILCS 505/HHHH new New Act 815 ILCS 505/HHHH new
4	4	New Act
5	5	815 ILCS 505/HHHH new
6	6	Creates the Motor Fuel Minimum Markup Act. Provides that it is unlawful for a retailer, wholesaler, or refiner to sell or offer to sell motor fuel at less than a specified cost with the intent or effect of inducing the purchase of other merchandise or diverting trade from a competitor. Sets forth notice requirements. Provides that a violation of the Act constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act. Amends the Consumer Fraud and Deceptive Business Practices Act to make a conforming change.
7	7	LRB104 12144 SPS 22243 b LRB104 12144 SPS 22243 b
8	8	LRB104 12144 SPS 22243 b
9	9	A BILL FOR
10	10	HB3583LRB104 12144 SPS 22243 b HB3583 LRB104 12144 SPS 22243 b
11	11	HB3583 LRB104 12144 SPS 22243 b
12	12	1 AN ACT concerning business.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 1. Short title. This Act may be cited as the Motor
16	16	5 Fuel Minimum Markup Act.
17	17	6 Section 5. Definitions.
18	18	7 As used in this Act:
19	19	8 "Average posted terminal price" means the average posted
20	20	9 rack price, as published by a petroleum price reporting
21	21	10 service, at which motor fuel is offered for sale at the close
22	22	11 of business on the determination date by all refiners and
23	23	12 wholesalers of motor fuel at a terminal plus any excise, sales
24	24	13 or use taxes imposed on the motor fuel or on its sale, any cost
25	25	14 incurred for transportation and any other charges that are not
26	26	15 otherwise included in the average posted rack price. In this
27	27	16 paragraph, "average" means the arithmetic mean.
28	28	17 "Cost to retailer" means:
29	29	18 (1) In the case of the retail sale of motor fuel by a
30	30	19 refiner at a retail station owned or operated either
31	31	20 directly or indirectly by the refiner, the refiner's
32	32	21 lowest selling price to other retailers or to wholesalers
33	33	22 of motor fuel on the date of the refiner's retail sale,
34	34	23 less all trade discounts except customary discounts for
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38	38	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3583 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED:
39	39	New Act815 ILCS 505/HHHH new New Act 815 ILCS 505/HHHH new
40	40	New Act
41	41	815 ILCS 505/HHHH new
42	42	Creates the Motor Fuel Minimum Markup Act. Provides that it is unlawful for a retailer, wholesaler, or refiner to sell or offer to sell motor fuel at less than a specified cost with the intent or effect of inducing the purchase of other merchandise or diverting trade from a competitor. Sets forth notice requirements. Provides that a violation of the Act constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act. Amends the Consumer Fraud and Deceptive Business Practices Act to make a conforming change.
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44	44	LRB104 12144 SPS 22243 b
45	45	A BILL FOR
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51	51	New Act
52	52	815 ILCS 505/HHHH new
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71	71	1 cash, plus any excise, sales or use taxes imposed on the
72	72	2 motor fuel or on its sale and any cost incurred for
73	73	3 transportation and any other charges not otherwise
74	74	4 included in the invoice cost of the motor fuel, plus a
75	75	5 markup of OPIS plus one cent to cover a proportionate part
76	76	6 of the cost of doing business; or the average posted
77	77	7 terminal price at the terminal located closest to the
78	78	8 retail station plus a markup of OPIS plus one cent to cover
79	79	9 a proportionate part of the cost of doing business,
80	80	10 whichever is greater.
81	81	11 (2) In the case of the retail sale of motor fuel by a
82	82	12 wholesaler, who is not a refiner, at a retail station
83	83	13 owned or operated either directly or indirectly by the
84	84	14 wholesaler, the invoice cost of the motor fuel to the
85	85	15 wholesaler at least 10 days before the date of sale, or the
86	86	16 replacement cost of the motor fuel, whichever is lower,
87	87	17 less all trade discounts except customary discounts for
88	88	18 cash, plus any excise, sales or use taxes imposed on the
89	89	19 motor fuel or on its sale, and any cost incurred for
90	90	20 transportation and any other charges not otherwise
91	91	21 included in the invoice cost or replacement cost of the
92	92	22 motor fuel, plus a markup of OPIS plus one cent to cover a
93	93	23 proportionate part of the cost of doing business; or the
94	94	24 average posted terminal price at the terminal located
95	95	25 closest to the retail station plus a markup of OPIS plus
96	96	26 one cent to cover a proportionate part of the cost of doing
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107	107	1 business, whichever is greater.
108	108	2 (3) In the case of the retail sale of motor fuel by a
109	109	3 person other than a refiner or a wholesaler at a retail
110	110	4 station, the invoice cost of the motor fuel to the
111	111	5 retailer at least 10 days before the date of sale, or the
112	112	6 replacement cost of the motor fuel, whichever is lower,
113	113	7 less all trade discounts except customary discounts for
114	114	8 cash, plus any excise, sales or use taxes imposed on the
115	115	9 motor fuel or on its sale and any cost incurred for
116	116	10 transportation and any other charges not otherwise
117	117	11 included in the invoice cost or the replacement cost of
118	118	12 the motor fuel, plus a markup of OPIS plus one cent to
119	119	13 cover a proportionate part of the cost of doing business;
120	120	14 or the average posted terminal price at the terminal
121	121	15 located closest to the retailer plus a markup of OPIS plus
122	122	16 one cent price to cover a proportionate part of the cost of
123	123	17 doing business, whichever is greater.
124	124	18 (4) In the case of a retail sale of motor fuel by a
125	125	19 refiner at a place other than a retail station, the
126	126	20 refiner's lowest selling price to other retailers or to
127	127	21 wholesalers of motor fuel on the date of the refiner's
128	128	22 retail sale, less all trade discounts except customary
129	129	23 discounts for cash, plus any excise, sales or use taxes
130	130	24 imposed on the motor fuel or on its sale and any cost
131	131	25 incurred for transportation and any other charges not
132	132	26 otherwise included in the invoice cost of the motor fuel
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143	143	1 to which shall be added a markup to cover a proportionate
144	144	2 part of the cost of doing business, which markup, in the
145	145	3 absence of proof of a lesser cost, shall be OPIS plus one
146	146	4 cent of the cost to the retailer.
147	147	5 (5) In the case of a retail sale of motor fuel by a
148	148	6 person other than a refiner at a place other than a retail
149	149	7 station, the invoice cost of the motor fuel to the
150	150	8 retailer at least 10 days before the date of the sale, or
151	151	9 the replacement cost of the motor fuel, whichever is
152	152	10 lower, less all trade discounts except customary discounts
153	153	11 for cash, plus any excise, sales or use taxes imposed on
154	154	12 the motor fuel or on its sale and any cost incurred for
155	155	13 transportation and any other charges not otherwise
156	156	14 included in the invoice cost or the replacement cost of
157	157	15 the motor fuel to which shall be added a markup to cover a
158	158	16 proportionate part of the cost of doing business, which
159	159	17 markup, in the absence of proof of a lesser cost, shall be
160	160	18 OPIS plus one cent of the cost to the retailer.
161	161	19 "Cost to retailer" and "cost to wholesaler" mean bona fide
162	162	20 costs; and purchases made by retailers, wholesalers, and
163	163	21 refiners at prices which cannot be justified by prevailing
164	164	22 market conditions in this State shall not be used in
165	165	23 determining cost to the retailer and cost to the wholesaler.
166	166	24 Prices at which purchases of merchandise other than motor fuel
167	167	25 are made by retailers or wholesalers cannot be justified by
168	168	26 prevailing market conditions in this State when they are below
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179	179	1 the lowest prices at which the manufacturer or producer of the
180	180	2 merchandise sells to other retailers or wholesalers in this
181	181	3 State. Prices at which sales of motor fuel are made by
182	182	4 retailers, wholesalers, and refiners cannot be justified by
183	183	5 prevailing market conditions in this state when they are below
184	184	6 the applicable cost to retailers and cost to wholesalers.
185	185	7 (1) With respect to the wholesale sale of motor fuel
186	186	8 by a refiner, "cost to wholesaler" means the refiner's
187	187	9 lowest selling price to other retailers or to wholesalers
188	188	10 of motor fuel on the date of the refiner's wholesale sale,
189	189	11 less all trade discounts except customary discounts for
190	190	12 cash, plus any excise, sales or use taxes imposed on the
191	191	13 motor fuel or on its sale and any cost incurred for
192	192	14 transportation and any other charges not otherwise
193	193	15 included in the invoice cost of the motor fuel, to which
194	194	16 shall be added a markup to cover a proportionate part of
195	195	17 the cost of doing business, which markup, in the absence
196	196	18 of proof of a lesser cost, shall be 3% of the cost to the
197	197	19 wholesaler as set forth in this subdivision.
198	198	20 (2) With respect to the wholesale sale of motor fuel
199	199	21 by a person other than a refiner, "cost to wholesaler"
200	200	22 means the invoice cost of the motor fuel to the wholesaler
201	201	23 at least 10 days before the date of the sale or the
202	202	24 replacement cost of the motor fuel, whichever is lower,
203	203	25 less all trade discounts except customary discounts for
204	204	26 cash, plus any excise, sales or use taxes imposed on the
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215	215	1 motor fuel or on its sale and any cost incurred for
216	216	2 transportation and any other charges not otherwise
217	217	3 included in the invoice cost or the replacement cost of
218	218	4 the motor fuel to which shall be added a markup to cover a
219	219	5 proportionate part of the cost of doing business, which
220	220	6 markup, in the absence of proof of a lesser cost, shall be
221	221	7 3%of the cost to the wholesaler as set forth in this
222	222	8 subdivision.
223	223	9 "Determination date" means the day preceding the day of
224	224	10 the sale at retail of motor fuel. If a retailer sells motor
225	225	11 fuel on a day other than the day on which the retailer last
226	226	12 purchased any motor fuel and the sale of the motor fuel by the
227	227	13 retailer occurs at least 10 days after its last purchase by the
228	228	14 retailer, "determination date" means the following dates
229	229	15 selected by the retailer:
230	230	16 (1) the day preceding the day of the sale of motor
231	231	17 vehicle fuel by the retailer; or
232	232	18 (2) the day on which motor vehicle fuel was last
233	233	19 purchased by the retailer.
234	234	20 "Existing price of a competitor" means a price being
235	235	21 simultaneously offered to a buyer for merchandise of like
236	236	22 quality and quantity by a person who is a direct competitor of
237	237	23 the retailer, wholesaler, or refiner and from whom the buyer
238	238	24 can practicably purchase the merchandise.
239	239	25 "Oil Price Information Service" or "OPIS" means the daily
240	240	26 publication containing oil price information that is a widely
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251	251	1 accepted independent fuel price benchmark for supply.
252	252	2 "Petroleum price reporting service" means a wholesale
253	253	3 petroleum product price reporting service that is recognized
254	254	4 nationwide.
255	255	5 "Refiner" means a manufacturer, producer or refiner of
256	256	6 motor fuel.
257	257	7 "Replacement cost" means the cost computed at which the
258	258	8 merchandise sold could have been bought by the retailer or
259	259	9 wholesaler at any time if bought in the same quantity as the
260	260	10 retailer or wholesaler's last purchase of the merchandise.
261	261	11 "Retailer" includes every person engaged in the business
262	262	12 of making motor fuel sales at retail in this State, but, in the
263	263	13 case of a person engaged in the business of selling motor fuel
264	264	14 both at retail and at wholesale, the term shall be applied only
265	265	15 to the retail portion of the business.
266	266	16 "Sell" includes any advertising or offer to sell or any
267	267	17 transfer of motor fuel where title is retained by the
268	268	18 retailer, wholesaler, or refiner as security for the payment
269	269	19 of the purchase price. In determining the selling price of
270	270	20 merchandise by wholesalers, wholesalers of motor fuel,
271	271	21 retailers and refiners under this Section, all fractions of a
272	272	22 cent shall be carried to the next full cent.
273	273	23 "Sell at retail" means any transfer for a valuable
274	274	24 consideration, made in the ordinary course of trade or in the
275	275	25 usual prosecution of the retailer's business, of title to
276	276	26 tangible personal property to the purchaser for consumption or
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287	287	1 use other than resale or further processing or manufacturing.
288	288	2 "Sell at wholesale" include any transfer for a valuable
289	289	3 consideration made in ordinary course of trade or the usual
290	290	4 conduct of the wholesaler's business, of title to tangible
291	291	5 personal property to the purchaser for purposes of resale or
292	292	6 further processing or manufacturing.
293	293	7 "Terminal" means a motor fuel storage and distribution
294	294	8 facility that is supplied by a pipeline or marine vessel, from
295	295	9 which facility motor fuel may be removed at a rack and from
296	296	10 which facility at least 3 refiners or wholesalers of motor
297	297	11 fuel sell motor fuel. For the purposes of this definition, if 2
298	298	12 or more terminals are included in the same geographic area by a
299	299	13 petroleum price reporting service, they shall be considered
300	300	14 one terminal.
301	301	15 "Wholesaler" includes:
302	302	16 (1) a person who stores motor fuel and sells it
303	303	17 through 5 or more retail outlets that the person owns or
304	304	18 operates;
305	305	19 (2) a person who acquires motor fuel from a refiner or
306	306	20 as a sale at wholesale and stores it in a bulk storage
307	307	21 facility other than a retail station for further sale and
308	308	22 distribution;
309	309	23 (3) a person engaged in the business of making sales
310	310	24 at wholesale of motor fuel in this State; and
311	311	25 (4) a person engaged in the business of selling diesel
312	312	26 fuel if that person's sales of diesel fuel accounted for
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323	323	1 at least 60% of that person's total sales of motor fuel in
324	324	2 the previous year or, if that person did not engage in the
325	325	3 business of selling diesel fuel in the previous year, if
326	326	4 that person reasonably anticipates that sales of diesel
327	327	5 fuel will account for at least 60% of that person's total
328	328	6 sales of motor fuel in the current year.
329	329	7 Section 10. Prohibition of loss leaders.
330	330	8 (a) It is unlawful for a retailer, wholesaler, or refiner
331	331	9 to sell or offer to sell motor fuel at less than the cost
332	332	10 provided in subsection (c) with the intent or effect of
333	333	11 inducing the purchase of other merchandise or diverting trade
334	334	12 from a competitor.
335	335	13 (b) A sale of motor fuel by a retailer, wholesaler, or
336	336	14 refiner at less than the cost provided in subsection (c) shall
337	337	15 be prima facie evidence of intent or effect to induce the
338	338	16 purchase of other merchandise, or to unfairly divert trade
339	339	17 from a competitor, or to otherwise injure a competitor.
340	340	18 (c) For the purposes of this Section:
341	341	19 (1) a retailer shall not sell motor fuel at a price
342	342	20 greater than the cost to retailer, as specified in Section
343	343	21 5; and
344	344	22 (2) a wholesaler, or refiner shall not sell motor fuel
345	345	23 at a price greater than the cost to wholesaler, as
346	346	24 specified in Section 5.
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357	357	1 Section 15. Notice requirements.
358	358	2 (a) If a retailer, wholesaler, or refiner, acting in good
359	359	3 faith, lowers the price of motor fuel below the applicable
360	360	4 price specified in subsection (b) of Section 10 to meet an
361	361	5 existing price of a competitor, the retailer, wholesaler, or
362	362	6 refiner shall submit to the Attorney General notification of
363	363	7 the lower price before the close of business on the day the
364	364	8 price was lowered in the form and the manner required by the
365	365	9 Attorney General.
366	366	10 (b) A retailer, wholesaler, or refiner that fails to
367	367	11 comply with subsection (a) creates a rebuttable presumption
368	368	12 that the retailer, wholesaler, or refiner did not lower the
369	369	13 price to meet the existing price of a competitor.
370	370	14 (c) If a retailer, wholesaler, or refiner complies with
371	371	15 subsection (a) they shall not be held liable for violating
372	372	16 this Act.
373	373	17 Section 20. Exceptions. This Act does not apply to sales
374	374	18 at retail or sales at wholesale if motor fuel is sold by a
375	375	19 person to a wholesaler, who may sell the motor fuel at either
376	376	20 retail or wholesale.
377	377	21 Section 25. Enforcement. A violation of this Act
378	378	22 constitutes a violation of the Consumer Fraud and Deceptive
379	379	23 Business Practices Act. All remedies, penalties, and authority
380	380	24 granted to the Attorney General by that Act shall be available
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391	391	1 to the Attorney General for the enforcement of this Act.
392	392	2 Section 30. Rulemaking. The Attorney General may adopt
393	393	3 rules to implement and administer this Act.
394	394	4 Section 35. The Consumer Fraud and Deceptive Business
395	395	5 Practices Act is amended by adding Section HHHH as follows:
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