102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0227

 

Introduced 2/17/2021, by Sen. Ann Gillespie

 

SYNOPSIS AS INTRODUCED:
 
815 ILCS 505/10b  from Ch. 121 1/2, par. 270b

    Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that the Act does not apply to the overcollection of any tax by a person, to the extent such overcollected tax is remitted to a government entity or agency. Provides that a tax is remitted to a governmental entity or agency when it is paid or transferred to the government entity or agency, or taken as a credit, allowance, or offset on a tax return or other tax form (including any amount of commission or discount taken by or allowed to a tax collector or taxpayer).


LRB102 02592 KTG 12595 b

 

 

A BILL FOR

 

SB0227LRB102 02592 KTG 12595 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Consumer Fraud and Deceptive Business
5Practices Act is amended by changing Section 10b as follows:
 
6    (815 ILCS 505/10b)  (from Ch. 121 1/2, par. 270b)
7    Sec. 10b. Nothing in this Act shall apply to any of the
8following:
9        (1) Actions or transactions specifically authorized by
10    laws administered by any regulatory body or officer acting
11    under statutory authority of this State or the United
12    States; however, notwithstanding any action or approval by
13    a regulatory body or officer acting under statutory
14    authority of this State or the United States, the
15    manufacture, distribution, or sale of a product or service
16    that causes or contributes to cause bodily injury, death,
17    or property damage is not an action or transaction
18    "specifically authorized" within the meaning of this item
19    (1).
20        (2) The provisions of "An act to protect trademark
21    owners, distributors, and the public against injurious and
22    uneconomic practices in the distribution of articles of
23    standard quality under a trademark, brand or name,"

 

 

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1    approved July 8, 1935, as amended.
2        (3) Acts done by the publisher, owner, agent, or
3    employee of a newspaper, periodical or radio or television
4    station in the publication or dissemination of an
5    advertisement, when the owner, agent or employee did not
6    have knowledge of the false, misleading or deceptive
7    character of the advertisement, did not prepare the
8    advertisement, or did not have a direct financial interest
9    in the sale or distribution of the advertised product or
10    service.
11        (4) The communication of any false, misleading or
12    deceptive information, provided by the seller of real
13    estate located in Illinois, by a real estate salesman or
14    broker licensed under "The Real Estate Brokers License
15    Act", unless the salesman or broker knows of the false,
16    misleading or deceptive character of such information.
17    This provision shall be effective as to any communication,
18    whenever occurring.
19        (5) (Blank).
20        (6) The communication of any false, misleading, or
21    deceptive information by an insurance producer, registered
22    firm, or limited insurance representative, as those terms
23    are defined in the Illinois Insurance Code, or by an
24    insurance agency or brokerage house concerning the sale,
25    placement, procurement, renewal, binding, cancellation of,
26    or terms of any type of insurance or any policy of

 

 

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1    insurance unless the insurance producer has actual
2    knowledge of the false, misleading, or deceptive character
3    of the information. This provision shall be effective as
4    to any communications, whenever occurring. This item (6)
5    applies to all causes of action that accrue on or after the
6    effective date of this amendatory Act of 1995.
7        (7) The overcollection of any tax by a person, to the
8    extent such overcollected tax is remitted to a government
9    entity or agency. For purposes of this Section, a tax is
10    remitted to a governmental entity or agency when it is
11    paid or transferred to the government entity or agency, or
12    taken as a credit, allowance, or offset on a tax return or
13    other tax form (including any amount of commission or
14    discount taken by or allowed to a tax collector or
15    taxpayer). This subsection applies in addition to any
16    other defense to an action under this Act that may apply.
17(Source: P.A. 101-25, eff. 6-21-19.)