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Sen. Jason A. Barickman
Filed: 3/29/2017
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| 1 | | AMENDMENT TO SENATE BILL 758
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 758 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Code of Civil Procedure is amended by |
| 5 | | changing Section 9-211 as follows:
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| 6 | | (735 ILCS 5/9-211) (from Ch. 110, par. 9-211)
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| 7 | | Sec. 9-211. Service of demand or notice. |
| 8 | | (a) Any demand may be made or notice
served by delivering a
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| 9 | | written or printed, or partly written and printed, copy thereof |
| 10 | | to the
tenant; , or by leaving the same with some person of the |
| 11 | | age
of 13
years or upwards, residing on or in possession of the |
| 12 | | premises; or by sending a
copy of the notice to the tenant by |
| 13 | | certified or registered mail or by a national private delivery |
| 14 | | service, with
a returned receipt from the addressee or a member |
| 15 | | of the household; or if ; and in case no one is in the
actual |
| 16 | | possession of the premises, then by posting the same on the
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| 1 | | premises; or by electronic service as provided in subsection |
| 2 | | (b) of this Section. |
| 3 | | (b) Electronic service of the demand may be made if the |
| 4 | | tenant has in writing specifically consented to electronic |
| 5 | | service of the demand and if the consent or confirmation of the |
| 6 | | consent has been sent by one party and affirmatively replied |
| 7 | | to, by electronic transmission, by the other party. The |
| 8 | | electronic service address used by a party in the process under |
| 9 | | this Section shall be considered to remain that party's |
| 10 | | correct, functioning electronic service address, unless |
| 11 | | consent as provided in this subsection is obtained using a |
| 12 | | different electronic service address for that party or unless |
| 13 | | that party notifies the other in writing that that party no |
| 14 | | longer has an electronic service address. A landlord shall not |
| 15 | | refuse to enter a lease because the prospective tenant declines |
| 16 | | to consent to electronic service under this Section. As used in |
| 17 | | this subsection: |
| 18 | | (1) "Document" means a digital image of a record |
| 19 | | originally produced on paper or originally created by an |
| 20 | | electronic means, the output of which is readable by sight |
| 21 | | and can be printed to paper. |
| 22 | | (2) "Electronic notification" means the notification |
| 23 | | to a person that a document is served by sending an |
| 24 | | electronic message to the electronic service address at or |
| 25 | | through which the person has authorized electronic |
| 26 | | service, specifying the exact name of the document served |
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| 1 | | or providing a hyperlink at which the served document can |
| 2 | | be viewed and downloaded, or both. |
| 3 | | (3) "Electronic service" means service of a document on |
| 4 | | a person by either electronic transmission or electronic |
| 5 | | notification. |
| 6 | | (4) "Electronic service address" means the electronic |
| 7 | | address at or through which the person has authorized |
| 8 | | electronic service. |
| 9 | | (5) "Electronic transmission" means the transmission |
| 10 | | of a document by electronic means to the electronic service |
| 11 | | address at or through which a person has authorized |
| 12 | | electronic service.
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| 13 | | (Source: P.A. 83-355.)".
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