FAIR FOOD DELIVERY ACT
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SB 672 — FAIR FOOD DELIVERY ACT
Last action — Public Act . . . . . . . . . 102-0358
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 25, 2021. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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20 sponsors
1 primary, 19 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (17 D · 1 R) — cross-party backing.
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Cleared a recorded vote
Passed 3 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Creates 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 Act Adds reference to: 820 ILCS 90/5 820 ILCS 90/7 new 820 ILCS 90/10 820 ILCS 90/15 new 820 ILCS 90/20 new 820 ILCS 90/25 new 820 ILCS 90/30 new 820 ILCS 90/35 new 820 ILCS 90/97 new Replaces 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.
Bill Text
Amendments
3 amendments- House Amendment 001 Show changes
- Senate Amendment 002 Show changes
- Senate Amendment 001 Show changes
Click Show changes on an amendment above to see how it modifies the bill.
Action History
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Public Act . . . . . . . . . 102-0358
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Effective Date January 1, 2022
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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Senate Concurs
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House Committee Amendment No. 1 Senate Concurs 056-000-000
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Added as Co-Sponsor Sen. Napoleon Harris, III
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House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 015-000-000
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House Committee Amendment No. 1 Motion to Concur Assignments Referred to Executive
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House Committee Amendment No. 1 Motion to Concur Referred to Assignments
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House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Mattie Hunter
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Placed on Calendar Order of Concurrence House Amendment(s) 1 - May 31, 2021
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Secretary's Desk - Concurrence House Amendment(s) 1
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Added Alternate Chief Co-Sponsor Rep. Stephanie A. Kifowit
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Added Alternate Chief Co-Sponsor Rep. Will Guzzardi
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Added Alternate Co-Sponsor Rep. Mike Murphy
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Third Reading - Short Debate - Passed 110-000-000
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Placed on Calendar Order of 3rd Reading - Short Debate
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Final Action Deadline Extended-9(b) May 31, 2021
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Alternate Chief Sponsor Changed to Rep. Kelly M. Burke
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Held on Calendar Order of Second Reading - Short Debate
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Second Reading - Short Debate
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Sponsor Removed Sen. Jason Plummer
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass as Amended / Short Debate Labor & Commerce Committee; 024-000-000
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House Committee Amendment No. 1 Adopted in Labor & Commerce Committee; by Voice Vote
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Added Alternate Chief Co-Sponsor Rep. Dan Ugaste
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House Committee Amendment No. 1 Rules Refers to Labor & Commerce Committee
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Suspend Rule 21 - Prevailed 073-042-000
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Moved to Suspend Rule 21 Rep. Carol Ammons
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Committee Deadline Extended-Rule 9(b) May 28, 2021
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House Committee Amendment No. 1 Referred to Rules Committee
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House Committee Amendment No. 1 Filed with Clerk by Rep. Kelly M. Burke
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Assigned to Labor & Commerce Committee
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Chief Sponsor Changed to Sen. Mattie Hunter
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Rule 19(a) / Re-referred to Rules Committee
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Assigned to Labor & Commerce Committee
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Referred to Rules Committee
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First Reading
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Chief House Sponsor Rep. Ann M. Williams
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Arrived in House
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Added as Co-Sponsor Sen. Laura M. Murphy
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Added as Co-Sponsor Sen. Adriane Johnson
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Third Reading - Passed; 055-000-000
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Senate Floor Amendment No. 2 Adopted; Bush
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Senate Floor Amendment No. 1 Adopted; Bush
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Recalled to Second Reading
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Senate Floor Amendment No. 2 Recommend Do Adopt Commerce; 010-000-000
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Senate Floor Amendment No. 2 Assignments Refers to Commerce
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Senate Floor Amendment No. 2 Referred to Assignments
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Senate Floor Amendment No. 2 Filed with Secretary by Sen. Melinda Bush
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Rule 2-10 Third Reading Deadline Established As April 30, 2021
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Added as Co-Sponsor Sen. Laura Fine
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Added as Co-Sponsor Sen. Christopher Belt
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Added as Co-Sponsor Sen. Celina Villanueva
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Added as Co-Sponsor Sen. Mattie Hunter
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Added as Co-Sponsor Sen. Ann Gillespie
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Added as Chief Co-Sponsor Sen. Robert Peters
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Senate Floor Amendment No. 1 Recommend Do Adopt Commerce; 009-000-000
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Added as Co-Sponsor Sen. Suzy Glowiak Hilton
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Added as Co-Sponsor Sen. Robert Peters
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Added as Co-Sponsor Sen. Cristina Castro
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Added as Co-Sponsor Sen. Robert F. Martwick
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Added as Co-Sponsor Sen. Elgie R. Sims, Jr.
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Added as Co-Sponsor Sen. Bill Cunningham
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Placed on Calendar Order of 3rd Reading April 22, 2021
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Second Reading
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Senate Floor Amendment No. 1 Assignments Refers to Commerce
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Senate Floor Amendment No. 1 Referred to Assignments
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Senate Floor Amendment No. 1 Filed with Secretary by Sen. Melinda Bush
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Placed on Calendar Order of 2nd Reading April 20, 2021
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Do Pass Commerce; 011-000-000
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Added as Chief Co-Sponsor Sen. Jason Plummer
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Postponed - Commerce
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Added as Chief Co-Sponsor Sen. Sara Feigenholtz
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Assigned to Commerce
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Referred to Assignments
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First Reading
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Filed with Secretary by Sen. Melinda Bush
Sponsors
- Mattie Hunter · Cosponsor
- Sara Feigenholtz · Cosponsor
- Robert Peters · Cosponsor
- Bill Cunningham · Cosponsor
- Jr. Elgie R. Sims · Cosponsor
- Robert F. Martwick · Cosponsor
- Cristina Castro · Cosponsor
- Ann Gillespie · Cosponsor
- Celina Villanueva · Cosponsor
- Christopher Belt · Cosponsor
- Laura Fine · Cosponsor
- Adriane L. Johnson · Cosponsor
- Laura M. Murphy · Cosponsor
- Napoleon Harris III · Cosponsor
- Kelly M. Burke · Primary
- Daniel J. Ugaste · Cosponsor
- Will Guzzardi · Cosponsor
- Stephanie A. Kifowit · Cosponsor
- Laura M. Murphy · Cosponsor
- Suzy Glowiak Hilton · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 19 co-sponsors · 163 not signed on
Sponsors (1)
- Kelly M. Burke
Co-sponsors (19)
- Mattie Hunter Democrat
- Sara Feigenholtz Democrat
- Robert Peters Democrat
- Bill Cunningham Democrat
- Elgie R. Sims, Jr. Democrat
- Robert F. Martwick Democrat
- Cristina Castro Democrat
- Ann Gillespie
- Celina Villanueva Democrat
- Christopher Belt Democrat
- Laura Fine Democrat
- Adriane L. Johnson Democrat
- Laura M. Murphy Democrat
- Napoleon Harris III Democrat
- Daniel J. Ugaste Republican
- Will Guzzardi Democrat
- Stephanie A. Kifowit Democrat
- Laura M. Murphy Democrat
- Suzy Glowiak Hilton Democrat
Not signed on (163)
163 members have not signed on to this bill.
Show all 163 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 13 | 0 | 0 | 1 |
| Democrat | 26 | 0 | 0 | 0 |
| Unaffiliated | 17 | 0 | 0 | 2 |
| Total | 56 | 0 | 0 | 3 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Muñoz | — | Yea |
| Pacione-Zayas | — | Yea |
| Stewart | — | Not Voting |
| Gillespie | — | Yea |
| Harris | — | Yea |
| Bailey | — | Yea |
| Barickman | — | Yea |
| Bennett | — | Yea |
| Johnson | — | Yea |
| Bush | — | Yea |
| Stoller | — | Yea |
| Landek | — | Yea |
| Connor | — | Yea |
| Crowe | — | Yea |
| Cullerton, T. | — | Yea |
| Glowiak Hilton | — | Yea |
| Loughran Cappel | — | Yea |
| Simmons, Mike | — | Yea |
| Van Pelt | — | Not Voting |
| Bill Cunningham | Democrat | Yea |
| Celina Villanueva | Democrat | Yea |
| Christopher Belt | Democrat | Yea |
| Cristina Castro | Democrat | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Doris Turner | Democrat | Yea |
| Elgie R. Sims, Jr. | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Karina Villa | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura Ellman | Democrat | Yea |
| Laura Fine | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Michael E. Hastings | Democrat | Yea |
| Omar Aquino | Democrat | Yea |
| Patrick J. Joyce | Democrat | Yea |
| Ram Villivalam | Democrat | Yea |
| Robert F. Martwick | Democrat | Yea |
| Robert Peters | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| Steve Stadelman | Democrat | Yea |
| Chapin Rose | Republican | Yea |
| Craig Wilcox | Republican | Yea |
| Dale Fowler | Republican | Yea |
| Dan McConchie | Republican | Yea |
| Dave Syverson | Republican | Yea |
| Donald P. DeWitte | Republican | Yea |
| Jason Plummer | Republican | Not Voting |
| Jil Tracy | Republican | Yea |
| John F. Curran | Republican | Yea |
| Neil Anderson | Republican | Yea |
| Sally J. Turner | Republican | Yea |
| Steve McClure | Republican | Yea |
| Sue Rezin | Republican | Yea |
| Terri Bryant | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 50 | 0 | 0 | 4 |
| Unaffiliated | 35 | 0 | 0 | 3 |
| Republican | 25 | 0 | 0 | 1 |
| Total | 110 | 0 | 0 | 8 |
| % of votes cast | 93% | 0% | 0% | 7% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Nichols | — | Yea |
| Ozinga | — | Yea |
| Ramirez | — | Yea |
| Bennett | — | Yea |
| Bos | — | Yea |
| Burke | — | Yea |
| Carroll | — | Yea |
| Sommer | — | Yea |
| Caulkins | — | Yea |
| Jones | — | Yea |
| Conroy | — | Yea |
| Stoneback | — | Yea |
| Luft | — | Yea |
| D'Amico | — | Yea |
| Davis | — | Yea |
| Marron | — | Yea |
| Demmer | — | Yea |
| Welter | — | Yea |
| Mazzochi | — | Yea |
| Durkin | — | Yea |
| Wheeler | — | Yea |
| Flowers | — | Yea |
| Willis | — | Yea |
| Frese | — | Yea |
| Yednock | — | Yea |
| Yingling | — | Yea |
| Zalewski | — | Yea |
| Greenwood | — | Yea |
| Batinick | — | Not Voting |
| Butler | — | Not Voting |
| Hurley | — | Not Voting |
| Bourne | — | Yea |
| Robinson | — | Yea |
| Harris | — | Yea |
| Brady | — | Yea |
| Costa Howard | — | Yea |
| Williams, Jawaharial | — | Yea |
| Yang Rohr | — | Yea |
| Aarón M. Ortíz | Democrat | Yea |
| Angelica Guerrero-Cuellar | Democrat | Yea |
| Ann M. Williams | Democrat | Yea |
| Anna Moeller | Democrat | Not Voting |
| Anne Stava | Democrat | Yea |
| Anthony DeLuca | Democrat | Yea |
| Barbara Hernandez | Democrat | Yea |
| Bob Morgan | Democrat | Yea |
| Camille Y. Lilly | Democrat | Yea |
| Carol Ammons | Democrat | Yea |
| Curtis J. Tarver, II | Democrat | Yea |
| Dagmara Avelar | Democrat | Yea |
| Daniel Didech | Democrat | Yea |
| Dave Vella | Democrat | Yea |
| Debbie Meyers-Martin | Democrat | Yea |
| Edgar González, Jr. | Democrat | Not Voting |
| Elizabeth "Lisa" Hernandez | Democrat | Yea |
| Emanuel "Chris" Welch | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Fred Crespo | Democrat | Yea |
| Jaime M. Andrade, Jr. | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Jehan Gordon-Booth | Democrat | Yea |
| Jennifer Gong-Gershowitz | Democrat | Not Voting |
| Joyce Mason | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Justin Slaughter | Democrat | Yea |
| Kam Buckner | Democrat | Yea |
| Katie Stuart | Democrat | Yea |
| Kelly M. Cassidy | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Lawrence "Larry" Walsh, Jr. | Democrat | Yea |
| Lindsey LaPointe | Democrat | Yea |
| Marcus C. Evans, Jr. | Democrat | Yea |
| Margaret Croke | Democrat | Yea |
| Mark L. Walker | Democrat | Yea |
| Martin J. Moylan | Democrat | Yea |
| Maura Hirschauer | Democrat | Yea |
| Maurice A. West, II | Democrat | Yea |
| Michael W. Halpin | Democrat | Yea |
| Michelle Mussman | Democrat | Yea |
| Natalie A. Manley | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Rita Mayfield | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Robyn Gabel | Democrat | Yea |
| Sonya M. Harper | Democrat | Yea |
| Stephanie A. Kifowit | Democrat | Yea |
| Sue Scherer | Democrat | Yea |
| Suzanne M. Ness | Democrat | Yea |
| Theresa Mah | Democrat | Yea |
| Will Guzzardi | Democrat | Not Voting |
| Adam M. Niemerg | Republican | Yea |
| Amy Elik | Republican | Yea |
| Amy L. Grant | Republican | Yea |
| Andrew S. Chesney | Republican | Yea |
| Blaine Wilhour | Republican | Yea |
| Brad Halbrook | Republican | Yea |
| Brad Stephens | Republican | Yea |
| Charles Meier | Republican | Yea |
| Chris Miller | Republican | Yea |
| Christopher "C.D." Davidsmeyer | Republican | Yea |
| Dan Swanson | Republican | Yea |
| Daniel J. Ugaste | Republican | Yea |
| Dave Severin | Republican | Yea |
| David Friess | Republican | Yea |
| Jackie Haas | Republican | Yea |
| Jeff Keicher | Republican | Yea |
| Joe C. Sosnowski | Republican | Yea |
| Martin McLaughlin | Republican | Yea |
| Norine K. Hammond | Republican | Yea |
| Patrick Windhorst | Republican | Yea |
| Paul Jacobs | Republican | Yea |
| Ryan Spain | Republican | Yea |
| Seth Lewis | Republican | Not Voting |
| Steven Reick | Republican | Yea |
| Tom Weber | Republican | Yea |
| Tony M. McCombie | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 24 | 0 | 0 | 2 |
| Unaffiliated | 17 | 0 | 0 | 2 |
| Republican | 14 | 0 | 0 | 0 |
| Total | 55 | 0 | 0 | 4 |
| % of votes cast | 93% | 0% | 0% | 7% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Gillespie | — | Yea |
| Bailey | — | Yea |
| Barickman | — | Yea |
| Bennett | — | Yea |
| Johnson | — | Yea |
| Stewart | — | Yea |
| Bush | — | Yea |
| Stoller | — | Yea |
| Connor | — | Yea |
| Crowe | — | Yea |
| Cullerton, T. | — | Yea |
| Muñoz | — | Yea |
| Pacione-Zayas | — | Yea |
| Harris | — | Not Voting |
| Landek | — | Not Voting |
| Glowiak Hilton | — | Yea |
| Loughran Cappel | — | Yea |
| Simmons, Mike | — | Yea |
| Van Pelt | — | Yea |
| Bill Cunningham | Democrat | Yea |
| Celina Villanueva | Democrat | Yea |
| Christopher Belt | Democrat | Yea |
| Cristina Castro | Democrat | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Doris Turner | Democrat | Yea |
| Elgie R. Sims, Jr. | Democrat | Yea |
| Emil Jones, III | Democrat | Not Voting |
| Julie A. Morrison | Democrat | Yea |
| Karina Villa | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura Ellman | Democrat | Not Voting |
| Laura Fine | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Michael E. Hastings | Democrat | Yea |
| Omar Aquino | Democrat | Yea |
| Patrick J. Joyce | Democrat | Yea |
| Ram Villivalam | Democrat | Yea |
| Robert F. Martwick | Democrat | Yea |
| Robert Peters | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| Steve Stadelman | Democrat | Yea |
| Chapin Rose | Republican | Yea |
| Craig Wilcox | Republican | Yea |
| Dale Fowler | Republican | Yea |
| Dan McConchie | Republican | Yea |
| Dave Syverson | Republican | Yea |
| Donald P. DeWitte | Republican | Yea |
| Jason Plummer | Republican | Yea |
| Jil Tracy | Republican | Yea |
| John F. Curran | Republican | Yea |
| Neil Anderson | Republican | Yea |
| Sally J. Turner | Republican | Yea |
| Steve McClure | Republican | Yea |
| Sue Rezin | Republican | Yea |
| Terri Bryant | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 672 do?
- Creates 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 Act Adds reference to: 820 ILCS 90/5 820 ILCS 90/7 new 820 ILCS 90/10 820 ILCS 90/15 new 820 ILCS 90/20 new 820 ILCS 90/25 new 820 ILCS 90/30 new 820 ILCS 90/35 new 820 ILCS 90/97 new Replaces 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.
- Who sponsors SB 672?
- SB 672 is sponsored by Mattie Hunter (Democrat), Sara Feigenholtz (Democrat), Robert Peters (Democrat), Bill Cunningham (Democrat), Elgie R. Sims, Jr. (Democrat), Robert F. Martwick (Democrat), Cristina Castro (Democrat), Ann Gillespie, Celina Villanueva (Democrat), Christopher Belt (Democrat), Laura Fine (Democrat), Adriane L. Johnson (Democrat), Laura M. Murphy (Democrat), Napoleon Harris III (Democrat), Kelly M. Burke, Daniel J. Ugaste (Republican), Will Guzzardi (Democrat), Stephanie A. Kifowit (Democrat), and Suzy Glowiak Hilton (Democrat).
- What is the current status of SB 672?
- This bill has been enacted into law. Introduced February 25, 2021. Enacted.
- Where can I track SB 672?
- Track SB 672 free on One Click Politics — get push/email alerts when it moves.
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Stay ahead of SB 672
Last checked for changes 3 months ago · updated continuously
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