Illinois General Assembly - Full Text of HB4786
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Full Text of HB4786  102nd General Assembly

HB4786 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4786

 

Introduced 1/27/2022, by Rep. Anne Stava-Murray

 

SYNOPSIS AS INTRODUCED:
 
765 ILCS 705/4 new
815 ILCS 505/2Z  from Ch. 121 1/2, par. 262Z

    Amends the Landlord and Tenant Act. Restricts a landlord from requiring a tenant or prospective tenant to remit any amount due to the landlord by means of an electronic funds transfer. Provides that beginning 90 days after the effective date of the amendatory Act, a landlord who violates the provision is guilty of an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act and is subject to a civil penalty of $100 for each violation. Provides that a landlord who commits a second violation within 5 years of the first violation is subject to a civil penalty of $200, and a landlord who commits a third violation within 5 years of the first or second violation is subject to a civil penalty of $300. Makes a conforming change in the Consumer Fraud and Deceptive Business Practices Act.


LRB102 23082 LNS 32238 b

 

 

A BILL FOR

 

HB4786LRB102 23082 LNS 32238 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Landlord and Tenant Act is amended by
5adding Section 4 as follows:
 
6    (765 ILCS 705/4 new)
7    Sec. 4. Payment by electronic funds transfer.
8    (a) As used in this Section, "electronic funds transfer"
9means a transfer of funds, other than a transaction originated
10by check, draft, or similar paper instrument, that is
11initiated through an electronic terminal, telephone, computer,
12or magnetic tape for the purpose of ordering, instructing, or
13authorizing a financial institution to debit or credit a
14consumer's account, including, but not limited to, through the
15use of an automated clearing house system.
16    (b) A landlord shall not require a tenant or prospective
17tenant to remit any amount due to the landlord under a
18residential lease, renewal, or extension agreement by means of
19an electronic funds transfer, including, but not limited to,
20an electronic funds transfer system that automatically
21transfers funds on a regular, periodic, and recurring basis.
22    (c) Beginning 90 days after the effective date of this
23amendatory Act of the 102nd General Assembly, a landlord who

 

 

HB4786- 2 -LRB102 23082 LNS 32238 b

1violates this Section is guilty of an unlawful practice under
2the Consumer Fraud and Deceptive Business Practices Act and is
3subject to a civil penalty of $100 for each violation.
4However, a landlord who commits a second violation within 5
5years of the first violation is subject to a civil penalty of
6$200, and a landlord who commits a third violation within 5
7years of the first or second violation is subject to a civil
8penalty of $300.
 
9    Section 10. The Consumer Fraud and Deceptive Business
10Practices Act is amended by changing Section 2Z as follows:
 
11    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
12    Sec. 2Z. Violations of other Acts. Any person who
13knowingly violates the Automotive Repair Act, the Automotive
14Collision Repair Act, the Home Repair and Remodeling Act, the
15Dance Studio Act, the Physical Fitness Services Act, the
16Hearing Instrument Consumer Protection Act, the Illinois Union
17Label Act, the Installment Sales Contract Act, the Job
18Referral and Job Listing Services Consumer Protection Act, the
19Travel Promotion Consumer Protection Act, the Credit Services
20Organizations Act, the Automatic Telephone Dialers Act, the
21Pay-Per-Call Services Consumer Protection Act, the Telephone
22Solicitations Act, the Illinois Funeral or Burial Funds Act,
23the Cemetery Oversight Act, the Cemetery Care Act, the Safe
24and Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales

 

 

HB4786- 3 -LRB102 23082 LNS 32238 b

1Act, the High Risk Home Loan Act, the Payday Loan Reform Act,
2the Predatory Loan Prevention Act, the Mortgage Rescue Fraud
3Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax
4Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use
5Tax Act, the Electronic Mail Act, the Internet Caller
6Identification Act, paragraph (6) of subsection (k) of Section
76-305 of the Illinois Vehicle Code, Section 11-1431, 18d-115,
818d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois
9Vehicle Code, Article 3 of the Residential Real Property
10Disclosure Act, the Automatic Contract Renewal Act, the
11Reverse Mortgage Act, Section 25 of the Youth Mental Health
12Protection Act, the Personal Information Protection Act, or
13the Student Online Personal Protection Act, or Section 4 of
14the Landlord and Tenant Act commits an unlawful practice
15within the meaning of this Act.
16(Source: P.A. 100-315, eff. 8-24-17; 100-416, eff. 1-1-18;
17100-863, eff. 8-14-18; 101-658, eff. 3-23-21.)