Full Text of HB1367 95th General Assembly
HB1367 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1367
Introduced 2/21/2007, by Rep. David Reis SYNOPSIS AS INTRODUCED: |
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Amends the Property Tax Code, the Mobile Home Local Services Tax Enforcement Act, the Liquor Control Act of 1934, the Safety Deposit License Act, the Business Corporation Act of 1983, the Professional Service Corporation Act, the General Not For Profit Corporation Act of 1986, the Limited Liability Company Act, the Assumed Business Name Act, and the Home Repair and Remodeling Act. Provides that, beginning July 1, 2008, certificates of
registration of assumed business names shall be filed with the Secretary of State, rather than with county clerks. Provides that county clerks shall accept certificates of
registration of assumed business names, supplementary certificates, and proofs of publication for filing through June 30, 2008 and shall submit all certificates of
registration of assumed business names, supplementary certificates, proofs of publication, indices, and other records concerning assumed business names to the Secretary of State in accordance with rules adopted by the Secretary of State. Provides that, beginning July 1, 2008, an assumed business name or the name of a corporation or limited liability company shall be distinguishable from any other assumed business name or the name of any other corporation or limited liability company adopted, reserved, or registered in accordance with specified laws. Does not prohibit the use of a name that was adopted, reserved, or registered before July 1, 2008 in accordance with the law in effect when it was adopted, reserved, or registered. Makes other changes. Effective July 1, 2007, except that certain provisions take effect July 1, 2008.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB1367 |
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LRB095 03360 LCT 23364 b |
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| AN ACT concerning business.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Property Tax Code is amended by changing | 5 |
| Sections 21-270 and 21-305 as follows:
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| (35 ILCS 200/21-270)
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| Sec. 21-270. Scavenger sale registration. No person, | 8 |
| except a unit of local
government, shall be eligible to bid or | 9 |
| to receive a certificate of purchase
who did not register with | 10 |
| the county collector at least 5 business days in
advance of the | 11 |
| first day of the sale under Section 21-260. The collector may
| 12 |
| charge, for each registration, a fee of not more than $50 in | 13 |
| counties with less
than 3,000,000 inhabitants and not more than | 14 |
| $100 in counties of 3,000,000 or
more inhabitants. Registration | 15 |
| shall be made upon such forms and according to
such regulations | 16 |
| as the county collector deems necessary in order to effect
| 17 |
| complete and accurate disclosure of the identity of all persons | 18 |
| beneficially
interested, directly or indirectly, in each sale | 19 |
| under Section 21-260. The
information to be disclosed shall | 20 |
| include, but not be limited to, the name,
address and telephone | 21 |
| number of the purchaser to whom the clerk and collector
will be | 22 |
| requested to issue a certificate of purchase; if the purchaser | 23 |
| is a
corporation, the place of incorporation and the names and |
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| addresses of its
shareholders unless the corporation is | 2 |
| publicly held; if the purchaser is a
partnership, the names and | 3 |
| addresses of all general and limited partners; if
the purchaser | 4 |
| is doing business under an assumed business name, the county
| 5 |
| where such name is registered and the names, addresses and | 6 |
| telephone numbers of
all persons having an ownership interest | 7 |
| in the business; and the identity and
location of any other tax | 8 |
| delinquent property owned by the bidder and
purchaser.
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| Every application for certificate of purchase and form for | 10 |
| registration
authorized and required by this Section and | 11 |
| Section 21-275 shall be executed
under penalty of perjury as | 12 |
| though under oath or affirmation, but no
acknowledgement is | 13 |
| required.
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| (Source: P.A. 86-949; 87-669; 88-455.)
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| (35 ILCS 200/21-305)
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| Sec. 21-305. Payments from Indemnity Fund.
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| (a) Any owner of property sold under any provision of this | 18 |
| Code who
sustains loss or damage by
reason of the issuance of a | 19 |
| tax deed under Section 21-445 or 22-40 and who is
barred or is | 20 |
| in any way
precluded from bringing an action for the recovery | 21 |
| of the property shall have
the right to indemnity for the
loss | 22 |
| or damage sustained, limited as follows:
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| (1) An owner who resided on property that contained 4 | 24 |
| or less dwelling
units on the last day
of the period of | 25 |
| redemption and who is equitably entitled to compensation |
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| for
the loss or damage sustained
has the right to | 2 |
| indemnity. An equitable indemnity award shall be limited to
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| the fair cash value of the
property as of the date the tax | 4 |
| deed was issued less any mortgages or liens on
the | 5 |
| property, and the award will
not exceed $99,000. The Court | 6 |
| shall liberally construe this equitable
entitlement | 7 |
| standard to provide
compensation wherever, in the | 8 |
| discretion of the Court, the equities warrant the
action.
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| An owner of a property that contained 4 or less | 10 |
| dwelling units who requests
an award in excess of
$99,000 | 11 |
| must prove that the loss of his or her property was not | 12 |
| attributable to
his or her own fault or
negligence before | 13 |
| an award in excess of $99,000 will be granted.
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| (2) An owner who sustains the loss or damage of any | 15 |
| property occasioned
by reason of the
issuance of a tax | 16 |
| deed, without fault or negligence of his or her own, has | 17 |
| the
right to indemnity limited to the
fair cash value of | 18 |
| the property less any mortgages or liens on the property.
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| In determining the existence of
fault or negligence, the | 20 |
| court shall consider whether the owner exercised
ordinary | 21 |
| reasonable diligence under
all of the relevant | 22 |
| circumstances.
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| (3) In determining the fair cash value of property less | 24 |
| any mortgages or
liens on the
property, the fair cash value | 25 |
| shall be reduced by the principal amount of all
taxes paid | 26 |
| by the tax purchaser
or his or her assignee before the |
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| issuance of the tax deed.
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| (4) If an award made under paragraph (1) or (2) is | 3 |
| subject to a reduction
by the amount of
an outstanding | 4 |
| mortgage or lien on the property, other than the principal
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| amount of all taxes paid by the tax
purchaser or his or her | 6 |
| assignee before the issuance of the tax deed and the
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| petitioner would be personally
liable to the mortgagee or | 8 |
| lienholder for all or part of that reduction amount,
the | 9 |
| court shall order an
additional indemnity award to be paid | 10 |
| directly to the mortgagee or lienholder
sufficient to | 11 |
| discharge the
petitioner's personal liability. The court, | 12 |
| in its discretion, may order the
joinder of the mortgagee | 13 |
| or
lienholder as an additional party to the indemnity | 14 |
| action.
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| (b) Indemnity fund; subrogation.
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| (1) Any person claiming indemnity hereunder
shall | 17 |
| petition the
Court which ordered the tax deed to issue, | 18 |
| shall name the County Treasurer, as
Trustee of the | 19 |
| indemnity fund, as defendant to the petition, and shall ask | 20 |
| that
judgment be entered against the County Treasurer, as | 21 |
| Trustee, in the amount of
the indemnity sought. The | 22 |
| provisions of the Civil Practice Law shall apply to
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| proceedings under the petition, except that neither the | 24 |
| petitioner nor County
Treasurer shall be entitled to trial | 25 |
| by jury on the issues presented in the
petition. The Court | 26 |
| shall liberally construe this Section to provide
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| compensation wherever in the discretion of the Court the | 2 |
| equities warrant such
action.
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| (2) The County Treasurer, as Trustee of the indemnity | 4 |
| fund, shall be
subrogated to all parties in whose favor | 5 |
| judgment may be rendered against him
or her, and by third | 6 |
| party complaint may bring in as a defendant any
person,
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| other than the tax deed grantee and its successors in | 8 |
| title, not a party to the
action who is or may be liable to | 9 |
| him or her, as subrogee, for all
or part of the | 10 |
| petitioner's claim against him or her.
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| (c) Any contract involving the proceeds of a judgment for | 12 |
| indemnity under
this Section, between the
tax deed grantee or | 13 |
| its successors in title and the indemnity petitioner or his
or | 14 |
| her successors, shall be in
writing. In any action brought | 15 |
| under Section 21-305, the Collector shall be
entitled to | 16 |
| discovery regarding,
but not limited to, the following:
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| (1) the identity of all persons beneficially | 18 |
| interested in the contract,
directly or indirectly,
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| including at least the following information: the names and | 20 |
| addresses of any
natural
persons; the place of | 21 |
| incorporation of any corporation and the names and
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| addresses of its
shareholders unless it is publicly held; | 23 |
| the names and addresses of all general
and limited
partners | 24 |
| of any partnership; the names and addresses of all persons | 25 |
| having an
ownership
interest in any entity doing business | 26 |
| under an assumed name , and the county in
which the
assumed |
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| business name is registered ; and the nature and extent of | 2 |
| the interest
in the
contract of each person identified;
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| (2) the time period during which the contract was | 4 |
| negotiated and agreed
upon, from the date
of the first | 5 |
| direct or indirect contact between any of the contracting | 6 |
| parties
to the date of its
execution;
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| (3) the name and address of each natural person who | 8 |
| took part in
negotiating the contract,
and the identity and | 9 |
| relationship of the party that the person represented in
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| the
negotiations; and
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| (4) the existence of an agreement for payment of | 12 |
| attorney's fees by or on
behalf of each
party.
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| Any information disclosed during discovery may be subject | 14 |
| to protective order
as deemed appropriate by
the court. The | 15 |
| terms of the contract shall not be used as evidence of value.
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| (Source: P.A. 91-564, eff. 8-14-99.)
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| Section 10. The Mobile Home Local Services Tax Enforcement | 18 |
| Act is amended by changing Sections 210 and 245 as follows:
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| (35 ILCS 516/210)
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| Sec. 210. Scavenger sale registration. No person, except a | 21 |
| unit of local
government, shall be eligible to bid or to | 22 |
| receive a certificate of purchase
who did not register with the | 23 |
| county collector at least 5 business days in
advance of the | 24 |
| first day of the sale under Section 200. The collector may
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HB1367 |
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| charge, for each registration, a fee of not more than $50 in | 2 |
| counties with less
than 3,000,000 inhabitants.
Registration | 3 |
| shall be made upon such forms and according to
such regulations | 4 |
| as the county collector deems necessary in order to effect
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| complete and accurate disclosure of the identity of all persons | 6 |
| beneficially
interested, directly or indirectly, in each sale | 7 |
| under Section 200. The
information to be disclosed shall | 8 |
| include, but not be limited to, the name,
address, and | 9 |
| telephone number of the purchaser to whom the clerk and | 10 |
| collector
will be requested to issue a certificate of purchase; | 11 |
| if the purchaser is a
corporation, the place of incorporation | 12 |
| and the names and addresses of its
shareholders unless the | 13 |
| corporation is publicly held; if the purchaser is a
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| partnership, the names and addresses of all general and limited | 15 |
| partners; if
the purchaser is doing business under an assumed | 16 |
| business name, the county
where such name is registered and the | 17 |
| names, addresses, and telephone numbers
of all persons having | 18 |
| an ownership interest in the business; and the identity
and | 19 |
| location of any other tax delinquent mobile home owned by the | 20 |
| bidder and
purchaser.
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| Every application for certificate of purchase and form for | 22 |
| registration
authorized and required by this Section and | 23 |
| Section 215 shall be executed
under penalty of perjury as | 24 |
| though under oath or affirmation, but no
acknowledgement is | 25 |
| required.
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| (Source: P.A. 92-807, eff. 1-1-03.)
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LRB095 03360 LCT 23364 b |
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| (35 ILCS 516/245)
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| Sec. 245. Payments from Indemnity Fund.
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| (a) Any owner of a mobile home sold under any provision of | 4 |
| this Act who
sustains loss or damage by reason of the issuance | 5 |
| of a tax certificate of title
under Section 360 or 400 and who | 6 |
| is barred or is in any way precluded from
bringing an action | 7 |
| for the recovery of the mobile home shall have the right to
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| indemnity for the loss or damage sustained, limited as follows:
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| (1) An owner who resided in a mobile home on the last | 10 |
| day of the period of
redemption and who is equitably | 11 |
| entitled to compensation for the loss or damage
sustained | 12 |
| has the right to indemnity. An equitable indemnity award | 13 |
| shall be
limited to the fair cash value of the mobile home | 14 |
| as of the date the tax
certificate of title was issued less | 15 |
| any liens on the mobile home, and the
award will not exceed | 16 |
| $99,000. The court shall liberally construe this
equitable | 17 |
| entitlement standard to provide compensation wherever, in | 18 |
| the
discretion of the court, the equities warrant the | 19 |
| action.
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| An owner of a mobile home who requests an award in | 21 |
| excess of $99,000 must
prove that the loss of his or her | 22 |
| mobile home was not attributable to his or
her own fault or | 23 |
| negligence before an award in excess of $99,000 will be
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| granted.
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| (2) An owner who sustains the loss or damage of any |
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| mobile home
occasioned by reason of the issuance of a tax | 2 |
| certificate of title, without
fault or negligence of his or | 3 |
| her own, has the right to indemnity limited to
the fair | 4 |
| cash value of the mobile home less any liens on the mobile | 5 |
| home.
In determining the existence of
fault or negligence, | 6 |
| the court shall consider whether the owner exercised
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| ordinary reasonable diligence under all of the relevant | 8 |
| circumstances.
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| (3) In determining the fair cash value of a mobile home | 10 |
| less any
liens on the mobile home, the fair cash value | 11 |
| shall be reduced by the principal
amount of all taxes paid | 12 |
| by the tax purchaser or his or her assignee before the
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| issuance of the tax certificate of title.
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| (4) If an award made under paragraph (1) or (2) is | 15 |
| subject to a reduction
by the amount of an outstanding lien | 16 |
| on the mobile home, other than the
principal amount of all | 17 |
| taxes paid by the tax purchaser or his or her assignee
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| before the issuance of the tax certificate of title and the | 19 |
| petitioner would be
personally liable to the lienholder for | 20 |
| all or part of that reduction amount,
the court shall order | 21 |
| an additional indemnity award to be paid directly to the
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| lienholder sufficient to discharge the petitioner's | 23 |
| personal liability. The
court, in its discretion, may order | 24 |
| the joinder of the
lienholder as an additional party to the | 25 |
| indemnity action.
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| (b) Indemnity fund; subrogation.
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| (1) Any person claiming indemnity hereunder shall | 2 |
| petition the court which
ordered the tax certificate of | 3 |
| title to issue, shall name the county treasurer,
as trustee | 4 |
| of the indemnity fund, as defendant to the petition, and | 5 |
| shall ask
that judgment be entered against the county | 6 |
| treasurer, as trustee, in the
amount of the indemnity | 7 |
| sought. The provisions of the Civil Practice Law shall
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| apply to proceedings under the petition, except that | 9 |
| neither the petitioner nor
county treasurer shall be | 10 |
| entitled to trial by jury on the issues presented in
the | 11 |
| petition. The court shall liberally construe this Section | 12 |
| to provide
compensation wherever in the discretion of the | 13 |
| Court the equities warrant such
action.
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| (2) The county treasurer, as trustee of the indemnity | 15 |
| fund, shall be
subrogated to all parties in whose favor | 16 |
| judgment may be rendered against him
or her, and by third | 17 |
| party complaint may bring in as a defendant any person,
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| other than the tax certificate of title grantee and its | 19 |
| successors in title,
not a party to the action who is or | 20 |
| may be liable to him or her, as subrogee,
for all
or part | 21 |
| of the petitioner's claim against him or her.
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| (c) Any contract involving the proceeds of a judgment for | 23 |
| indemnity under
this Section, between the tax certificate of | 24 |
| title grantee or its successors in
title and the indemnity | 25 |
| petitioner or his or her successors, shall be in
writing. In | 26 |
| any action brought under this Section, the Collector shall be
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HB1367 |
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LRB095 03360 LCT 23364 b |
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| entitled to discovery regarding, but not limited to, the | 2 |
| following:
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| (1) the identity of all persons beneficially | 4 |
| interested in the contract,
directly or indirectly, | 5 |
| including at least the following information: the
names and | 6 |
| addresses of any natural persons; the place of | 7 |
| incorporation of any
corporation and the names and | 8 |
| addresses of its shareholders unless it is
publicly held; | 9 |
| the names and addresses of all general and limited partners | 10 |
| of
any partnership; the names and addresses of all persons | 11 |
| having an ownership
interest in any entity doing business | 12 |
| under an assumed name , and the county in
which the assumed | 13 |
| business name is registered ; and the nature and extent of | 14 |
| the
interest in the contract of each person identified;
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| (2) the time period during which the contract was | 16 |
| negotiated and agreed
upon, from the date of the first | 17 |
| direct or indirect contact between any of the
contracting | 18 |
| parties to the date of its execution;
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| (3) the name and address of each natural person who | 20 |
| took part in
negotiating the contract, and the identity and | 21 |
| relationship of the party that
the person represented in | 22 |
| the negotiations; and
| 23 |
| (4) the existence of an agreement for payment of | 24 |
| attorney's fees by or on
behalf of each party.
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| Any information disclosed during discovery may be subject | 26 |
| to protective order
as deemed appropriate by
the court. The |
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| terms of the contract shall not be used as evidence of value.
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| (Source: P.A. 92-807, eff. 1-1-03.)
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| Section 15. The Liquor Control Act of 1934 is amended by | 4 |
| changing Section 7-1 as follows:
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| (235 ILCS 5/7-1) (from Ch. 43, par. 145)
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| Sec. 7-1. An applicant for a retail license from the State | 7 |
| Commission
shall submit to the State Commission an application | 8 |
| in writing under oath
stating:
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| (1) The applicant's name and mailing address;
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| (2) The name and address of the applicant's business;
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| (3) If applicable, the date of the filing of the | 12 |
| "assumed name" of
the business with the County Clerk ;
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| (4) In case of a copartnership, the date of the | 14 |
| formation of the
partnership; in the case of an Illinois | 15 |
| corporation, the date of its
incorporation; or in the case | 16 |
| of a foreign corporation, the State where
it was | 17 |
| incorporated and the date of its becoming qualified under | 18 |
| the Business
Corporation Act of 1983 to transact business | 19 |
| in the State of Illinois;
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| (5) The number, the date of issuance and the date of | 21 |
| expiration of
the applicant's current local retail liquor | 22 |
| license;
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| (6) The name of the city, village, or county that | 24 |
| issued the local
retail liquor license;
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| (7) The name and address of the landlord if the | 2 |
| premises are leased;
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| (8) The date of the applicant's first request for a | 4 |
| State liquor
license and whether it was granted, denied or | 5 |
| withdrawn;
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| (9) The address of the applicant when the first | 7 |
| application for a
State liquor license was made;
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| (10) The applicant's current State liquor license | 9 |
| number;
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| (11) The date the applicant began liquor sales at his | 11 |
| place of business;
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| (12) The address of the applicant's warehouse if he | 13 |
| warehouses liquor;
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| (13) The applicant's Retailer's Occupation Tax (ROT) | 15 |
| Registration Number;
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| (14) The applicant's document locater number on his | 17 |
| Federal Special
Tax Stamp;
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| (15) Whether the applicant is delinquent in the payment | 19 |
| of the
Retailer's Occupational Tax (Sales Tax), and if so, | 20 |
| the reasons therefor;
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| (16) Whether the applicant is delinquent under the cash | 22 |
| beer law,
and if so, the reasons therefor;
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| (17) In the case of a retailer, whether he is | 24 |
| delinquent under the
30 day credit law, and if so, the | 25 |
| reasons therefor;
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| (18) In the case of a distributor, whether he is |
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| delinquent under
the 15 day credit law, and if so, the | 2 |
| reasons therefor;
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| (19) Whether the applicant has made an application for | 4 |
| a liquor
license which has been denied, and if so, the | 5 |
| reasons therefor;
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| (20) Whether the applicant has ever had any previous | 7 |
| liquor license
suspended or revoked, and if so, the reasons | 8 |
| therefor;
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| (21) Whether the applicant has ever been convicted of a | 10 |
| gambling
offense or felony, and if so, the particulars | 11 |
| thereof;
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| (22) Whether the applicant possesses a current Federal | 13 |
| Wagering Stamp,
and if so, the reasons therefor;
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| (23) Whether the applicant, or any other person, | 15 |
| directly in his place
of business is a public official, and | 16 |
| if so, the particulars thereof;
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| (24) The applicant's name, sex, date of birth, social | 18 |
| security
number, position and percentage of ownership in | 19 |
| the business; and the
name, sex, date of birth, social | 20 |
| security number, position and
percentage of ownership in | 21 |
| the business of every sole owner, partner,
corporate | 22 |
| officer, director, manager and any person who owns 5% or | 23 |
| more
of the shares of the applicant business entity or | 24 |
| parent corporations of
the applicant business entity; and
| 25 |
| (25) That he has not received or borrowed money or | 26 |
| anything else of
value, and that he will not receive or |
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| borrow money or anything else of
value (other than | 2 |
| merchandising credit in the ordinary course of
business for | 3 |
| a period not to exceed 90 days as herein expressly
| 4 |
| permitted under Section 6-5 hereof), directly or
| 5 |
| indirectly, from any manufacturer, importing distributor | 6 |
| or
distributor or from any representative of any such | 7 |
| manufacturer,
importing distributor or distributor, nor be | 8 |
| a party in
any way, directly or indirectly, to any | 9 |
| violation by a manufacturer,
distributor or importing | 10 |
| distributor of Section 6-6 of this Act.
| 11 |
| In addition to any other requirement of this Section, an | 12 |
| applicant for
a special use permit license and a special event | 13 |
| retailer's license shall
also submit (A) proof satisfactory to | 14 |
| the Commission that the applicant
has a resale number issued | 15 |
| under Section 2c of the Retailer's Occupation Tax
Act or that | 16 |
| the applicant is registered under Section 2a of the Retailer's
| 17 |
| Occupation Tax Act, (B) proof satisfactory to the Commission | 18 |
| that the
applicant has a current, valid exemption | 19 |
| identification number issued under
Section 1g of the Retailers' | 20 |
| Occupation Tax Act and a certification to the
Commission that | 21 |
| the purchase of alcoholic liquors will be a tax-exempt
| 22 |
| purchase, or (C) a statement that the applicant is not | 23 |
| registered under
Section 2a of the Retailers' Occupation Tax | 24 |
| Act, does not hold a resale
number under Section 2c of the | 25 |
| Retailers' Occupation Tax Act, and does not
hold an exemption | 26 |
| number under Section 1g of the Retailers' Occupation
Tax Act.
|
|
|
|
HB1367 |
- 16 - |
LRB095 03360 LCT 23364 b |
|
| 1 |
| The applicant shall also submit proof of adequate dram shop
| 2 |
| insurance for the special event prior to being issued a | 3 |
| license.
| 4 |
| In addition to the foregoing information, such application | 5 |
| shall
contain such other and further information as the State | 6 |
| Commission and
the local commission may, by rule or regulation | 7 |
| not inconsistent with
law, prescribe.
| 8 |
| If the applicant reports a felony conviction as required | 9 |
| under
paragraph (21) of this Section, such conviction may be | 10 |
| considered by the
Commission in determining qualifications for | 11 |
| licensing, but shall not
operate as a bar to licensing.
| 12 |
| If said application is made in behalf of a partnership, | 13 |
| firm,
association, club or corporation, then the same shall be | 14 |
| signed by one
member of such partnership or the president or
| 15 |
| secretary of
such corporation or an authorized agent of said
| 16 |
| partnership or corporation.
| 17 |
| All other applications shall be on forms prescribed by
the | 18 |
| State Commission, and which may exclude any of the above | 19 |
| requirements which
the State Commission rules to be | 20 |
| inapplicable.
| 21 |
| (Source: P.A. 90-596, eff. 6-24-98; 91-357, eff. 7-29-99.)
| 22 |
| Section 20. The Safety Deposit License Act is amended by | 23 |
| changing Section 6 as follows:
| 24 |
| (240 ILCS 5/6) (from Ch. 17, par. 1456)
|
|
|
|
HB1367 |
- 17 - |
LRB095 03360 LCT 23364 b |
|
| 1 |
| Sec. 6. If applicant is an unincorporated entity of any | 2 |
| type, a partnership
or sole proprietorship, and the business | 3 |
| name or title used is such as to
require registration of such | 4 |
| name or title under the Assumed Business Name Act
"An Act in | 5 |
| relation to the
use of an assumed name and the conduct or | 6 |
| transaction of business in this
State", approved July 17, 1941 , | 7 |
| the date on
of and the county in which the
required filing was | 8 |
| effected shall be stated.
| 9 |
| (Source: Laws 1945, p. 1711.)
| 10 |
| Section 25. The Business Corporation Act of 1983 is amended | 11 |
| by changing Section 4.05 as follows:
| 12 |
| (805 ILCS 5/4.05) (from Ch. 32, par. 4.05)
| 13 |
| Sec. 4.05. Corporate name of domestic or foreign | 14 |
| corporation.
| 15 |
| (a) The corporate name of a domestic corporation or of a | 16 |
| foreign
corporation organized, existing or subject to the | 17 |
| provisions of this Act:
| 18 |
| (1) Shall contain, separate and apart from any other | 19 |
| word or abbreviation
in such name, the word "corporation", | 20 |
| "company", "incorporated", or "limited",
or an | 21 |
| abbreviation of one of such words, and if the name of a | 22 |
| foreign
corporation does not contain, separate and apart | 23 |
| from any other word or
abbreviation, one of such words or | 24 |
| abbreviations, the corporation shall add
at the end of its |
|
|
|
HB1367 |
- 18 - |
LRB095 03360 LCT 23364 b |
|
| 1 |
| name, as a separate word or abbreviation, one of such
words | 2 |
| or an abbreviation of one of such words.
| 3 |
| (2) Shall not contain any word or phrase which | 4 |
| indicates or implies
that the corporation (i) is authorized | 5 |
| or empowered to conduct the business of
insurance, | 6 |
| assurance, indemnity, or the acceptance of savings | 7 |
| deposits; (ii) is
authorized or empowered to conduct the | 8 |
| business of banking unless otherwise
permitted by the | 9 |
| Commissioner of Banks and Real Estate
pursuant to Section
| 10 |
| 46 of the Illinois Banking Act; or (iii) is authorized or | 11 |
| empowered to be in
the business of a corporate fiduciary | 12 |
| unless otherwise permitted by the
Commissioner of Banks and | 13 |
| Real Estate under Section 1-9
of the Corporate
Fiduciary | 14 |
| Act. The word "trust", "trustee", or "fiduciary" may be | 15 |
| used by a
corporation only if it has first complied with | 16 |
| Section 1-9 of the Corporate
Fiduciary Act. The word | 17 |
| "bank", "banker" or "banking" may only be used by a
| 18 |
| corporation if it has first complied with Section 46 of the | 19 |
| Illinois Banking
Act.
| 20 |
| (3) Shall be distinguishable upon the records in the | 21 |
| office of the
Secretary of State from any assumed name | 22 |
| registered under the Assumed Business Name Act, the name or | 23 |
| assumed name of
any
domestic corporation or limited | 24 |
| liability company organized under the Limited
Liability | 25 |
| Company Act, whether profit or not for profit, existing | 26 |
| under any
Act of this State or of the name or assumed name |
|
|
|
HB1367 |
- 19 - |
LRB095 03360 LCT 23364 b |
|
| 1 |
| of any foreign corporation
or foreign limited liability | 2 |
| company registered under the Limited Liability
Company | 3 |
| Act, whether profit or not for
profit, authorized to | 4 |
| transact business in this State, or a name the
exclusive | 5 |
| right to which is, at the time, reserved or registered in | 6 |
| the
manner provided in this Act or Section 1-15 of the | 7 |
| Limited Liability Company
Act, except that, subject to the | 8 |
| discretion of the
Secretary of State, a foreign corporation | 9 |
| that has a name prohibited by
this paragraph may be issued | 10 |
| a certificate of authority to transact
business in this | 11 |
| State, if the foreign corporation:
| 12 |
| (i) Elects to adopt an assumed corporate name or | 13 |
| names in accordance
with Section 4.15 of this Act; and
| 14 |
| (ii) Agrees in its application for a certificate of | 15 |
| authority to
transact business in this State only under | 16 |
| such assumed corporate name
or names.
| 17 |
| (4) Shall contain the word "trust", if it be a domestic | 18 |
| corporation
organized for the purpose of accepting and | 19 |
| executing trusts, shall contain
the word "pawners", if it | 20 |
| be a domestic corporation organized as a pawners'
society, | 21 |
| and shall contain the word "cooperative", if it be a | 22 |
| domestic
corporation organized as a cooperative | 23 |
| association for pecuniary profit.
| 24 |
| (5) Shall not contain a word or phrase, or an | 25 |
| abbreviation or derivation
thereof, the use of which is | 26 |
| prohibited or restricted by any other statute
of this State |
|
|
|
HB1367 |
- 20 - |
LRB095 03360 LCT 23364 b |
|
| 1 |
| unless such restriction has been complied with.
| 2 |
| (6) Shall consist of letters of the English alphabet, | 3 |
| Arabic or Roman
numerals, or symbols capable of being | 4 |
| readily reproduced by the office of
the Secretary of State.
| 5 |
| (7) Shall be the name under which the corporation shall | 6 |
| transact business
in this State unless the corporation | 7 |
| shall also elect to adopt an assumed
corporate name or | 8 |
| names as provided in this Act; provided, however, that
the | 9 |
| corporation may use any divisional designation or trade | 10 |
| name without
complying with the requirements of this Act, | 11 |
| provided the corporation also
clearly discloses its | 12 |
| corporate name.
| 13 |
| (8) (Blank).
| 14 |
| (b) The Secretary of State shall determine whether a name | 15 |
| is
"distinguishable" from another name for purposes of this | 16 |
| Act. Without
excluding other names which may not constitute | 17 |
| distinguishable names in
this State, a name is not considered | 18 |
| distinguishable, for purposes of this
Act, solely because it | 19 |
| contains one or more of the following:
| 20 |
| (1) the word "corporation", "company", "incorporated", | 21 |
| or "limited",
"limited liability" or
an abbreviation of one | 22 |
| of such words;
| 23 |
| (2) articles, conjunctions, contractions, | 24 |
| abbreviations, different tenses
or number of the same word;
| 25 |
| (c) Nothing in this Section or Sections 4.15 or 4.20 shall:
| 26 |
| (1) Require any domestic corporation existing or any |
|
|
|
HB1367 |
- 21 - |
LRB095 03360 LCT 23364 b |
|
| 1 |
| foreign
corporation having a certificate of authority on | 2 |
| the effective date of this
Act, to modify or otherwise | 3 |
| change its corporate name or assumed corporate
name, if | 4 |
| any.
| 5 |
| (2) Abrogate or limit the common law or statutory law | 6 |
| of unfair
competition or unfair trade practices, nor | 7 |
| derogate from the common law or
principles of equity or the | 8 |
| statutes of this State or of the United States
with respect | 9 |
| to the right to acquire and protect copyrights, trade | 10 |
| names,
trade marks, service names, service marks, or any | 11 |
| other right to the
exclusive use of names or symbols.
| 12 |
| (d) Nothing in this amendatory Act of the 95th General | 13 |
| Assembly shall be construed to prohibit the use of a name that | 14 |
| was adopted, reserved, or registered before July 1, 2008 in | 15 |
| accordance with the law in effect when it was adopted, | 16 |
| reserved, or registered.
| 17 |
| (Source: P.A. 92-33, eff. 7-1-01.)
| 18 |
| Section 30. The Professional Service Corporation Act is | 19 |
| amended by changing Section 9 as follows:
| 20 |
| (805 ILCS 10/9) (from Ch. 32, par. 415-9)
| 21 |
| Sec. 9. A professional corporation shall adopt a name | 22 |
| consisting of
the full or last name of one or more of its | 23 |
| shareholders; except that if
not otherwise prohibited by law, | 24 |
| rules of a regulating authority or the
canons of ethics of the |
|
|
|
HB1367 |
- 22 - |
LRB095 03360 LCT 23364 b |
|
| 1 |
| profession concerned, a professional corporation
may adopt a | 2 |
| fictitious name. If the corporation does adopt a fictitious
| 3 |
| name or continues to use the name of a deceased shareholder, | 4 |
| the name of
a member of a predecessor organization, it shall | 5 |
| file with the county
clerk of the county where its principal | 6 |
| place of business is located,
under the Assumed Business Name | 7 |
| Act
"An Act in relation to the use of an assumed name in the | 8 |
| conduct
or transaction of business in this State," approved | 9 |
| July 17, 1941, as
now or hereafter amended . It shall be | 10 |
| permissible
for a professional corporation to continue to use | 11 |
| the name of a deceased
shareholder for a period of one year | 12 |
| after his death without recording
the name of the corporation | 13 |
| with the county clerk as hereinabove
provided. A professional | 14 |
| corporation may continue to use the name of a
shareholder who | 15 |
| voluntarily withdraws from the corporation if the
withdrawing | 16 |
| shareholder files with the regulating authority his written
| 17 |
| permission for the continued use of his name by the | 18 |
| professional
corporation. This permission shall remain in | 19 |
| effect until written
revocation has been received by the | 20 |
| regulating authority from the former
shareholder.
| 21 |
| The corporate name shall end with the word "chartered" or | 22 |
| "Limited"
or the abbreviation "Ltd.", or with the words | 23 |
| "Professional Corporation"
or the abbreviation "Prof. Corp." | 24 |
| or the initials "P. C.".
| 25 |
| (Source: P.A. 81-1509.)
|
|
|
|
HB1367 |
- 23 - |
LRB095 03360 LCT 23364 b |
|
| 1 |
| Section 35. The General Not For Profit Corporation Act of | 2 |
| 1986 is amended by changing Section 104.05 as follows:
| 3 |
| (805 ILCS 105/104.05) (from Ch. 32, par. 104.05)
| 4 |
| Sec. 104.05. Corporate name of domestic or foreign
| 5 |
| corporation.
| 6 |
| (a) The corporate name of a domestic
corporation or of a | 7 |
| foreign corporation organized, existing
or subject to the | 8 |
| provisions of this Act:
| 9 |
| (1) May contain, separate and apart from any other
word | 10 |
| or abbreviation in such name, the word "corporation,"
| 11 |
| "company," "incorporated," or "limited," or an | 12 |
| abbreviation
of one of such words;
| 13 |
| (2) Must end with the letters "NFP" if the corporate | 14 |
| name contains
any word or phrase which indicates or implies | 15 |
| that the corporation is organized
for any purpose other | 16 |
| than a purpose for which corporations may be organized
| 17 |
| under this Act or a purpose other than a purpose set forth | 18 |
| in the corporation's
articles of incorporation;
| 19 |
| (3) Shall be distinguishable upon the records in the
| 20 |
| the office of the Secretary of State from any assumed name | 21 |
| registered under the Assumed Business Name Act, the name or | 22 |
| assumed name of any domestic corporation or limited | 23 |
| liability company
organized under the Limited Liability | 24 |
| Company Act, whether
for profit or not for profit, existing | 25 |
| under any Act of this
State or the name or assumed name of |
|
|
|
HB1367 |
- 24 - |
LRB095 03360 LCT 23364 b |
|
| 1 |
| any foreign corporation or foreign
limited liability | 2 |
| company registered under the Limited Liability Company | 3 |
| Act,
whether for profit or
not for profit, authorized to | 4 |
| transact business or conduct
affairs in this State, or a | 5 |
| name the exclusive right to
which is, at the time, reserved | 6 |
| or registered in the manner
provided in this Act or Section | 7 |
| 1-15 of the Limited Liability Company Act,
except that, | 8 |
| subject to the discretion
of the
Secretary of State, a | 9 |
| foreign corporation that has a
name prohibited by this | 10 |
| paragraph may be issued a
certificate of authority to | 11 |
| conduct its affairs in this
State, if the foreign | 12 |
| corporation:
| 13 |
| (i) Elects to adopt an assumed corporation name
or | 14 |
| names in accordance with Section 104.15 of this Act; | 15 |
| and
| 16 |
| (ii) Agrees in its application for a certificate
of | 17 |
| authority to conduct affairs in this State only under
| 18 |
| such assumed corporate name or names;
| 19 |
| (4) Shall not contain a word or phrase, or an
| 20 |
| abbreviation or derivation thereof, the use of which is
| 21 |
| prohibited or restricted by any other statute of this State
| 22 |
| unless such restriction has been complied with;
| 23 |
| (5) Shall consist of letters of the English alphabet,
| 24 |
| Arabic or Roman numerals, or symbols capable of being
| 25 |
| readily reproduced by the office of the Secretary of State;
| 26 |
| (6) Shall not contain the words "regular democrat,"
|
|
|
|
HB1367 |
- 25 - |
LRB095 03360 LCT 23364 b |
|
| 1 |
| "regular democratic," "regular republican," "democrat,"
| 2 |
| "democratic," or "republican," nor the name of any other
| 3 |
| established political party, unless consent to usage of | 4 |
| such
words or name is given to the corporation by the State | 5 |
| central committee
of such established
political party; | 6 |
| notwithstanding any other provisions of this Act, any
| 7 |
| corporation, whose name at the time this amendatory
Act | 8 |
| takes effect contains any of the words listed in this | 9 |
| paragraph shall
certify to the Secretary of State no later | 10 |
| than January 1, 1989, that
consent has been given by the | 11 |
| State central committee; consent given to a
corporation by | 12 |
| the State central committee to use the above listed words
| 13 |
| may be revoked upon notification to the corporation and the | 14 |
| Secretary of State;
and
| 15 |
| (7) Shall be the name under which the corporation
shall | 16 |
| conduct affairs in this State unless the corporation
shall | 17 |
| also elect to adopt an assumed corporate name or names
as | 18 |
| provided in this Act; provided, however, that the
| 19 |
| corporation may use any divisional designation or trade | 20 |
| name
without complying with the requirements of this Act,
| 21 |
| provided the corporation also clearly discloses its
| 22 |
| corporate name.
| 23 |
| (b) The Secretary of State shall determine whether a name
| 24 |
| is "distinguishable" from another name for purposes of this
| 25 |
| Act. Without excluding other names which may not constitute
| 26 |
| distinguishable names in this State, a name is not
considered |
|
|
|
HB1367 |
- 26 - |
LRB095 03360 LCT 23364 b |
|
| 1 |
| distinguishable, for purposes of this Act, solely
because it | 2 |
| contains one or more of the following:
| 3 |
| (1) The word "corporation," "company," "incorporated,"
| 4 |
| or "limited" or an abbreviation of one of such words;
| 5 |
| (2) Articles, conjunctions, contractions,
| 6 |
| abbreviations, different tenses or number of the same word.
| 7 |
| (c) Nothing in this Section or Sections 104.15 or 104.20 of
| 8 |
| this Act shall:
| 9 |
| (1) Require any domestic corporation existing or any
| 10 |
| foreign corporation having a certificate of authority on | 11 |
| the
effective date of this Act, to modify or otherwise | 12 |
| change
its corporate name or assumed corporate name, if | 13 |
| any; or
| 14 |
| (2) Abrogate or limit the common law or statutory law
| 15 |
| of unfair competition or unfair trade practices, nor
| 16 |
| derogate from the common law or principles of equity or the
| 17 |
| statutes of this State or of the United States with respect
| 18 |
| to the right to acquire and protect copyrights, trade | 19 |
| names,
trade marks, service names, service marks, or any | 20 |
| other
right to the exclusive use of name or symbols.
| 21 |
| (d) Nothing in this amendatory Act of the 95th General | 22 |
| Assembly shall be construed to prohibit the use of a name that | 23 |
| was adopted, reserved, or registered before July 1, 2008 in | 24 |
| accordance with the law in effect when it was adopted, | 25 |
| reserved, or registered.
| 26 |
| (Source: P.A. 92-33, eff. 7-1-01.)
|
|
|
|
HB1367 |
- 27 - |
LRB095 03360 LCT 23364 b |
|
| 1 |
| Section 40. The Limited Liability Company Act is amended by | 2 |
| changing Section 1-10 as follows:
| 3 |
| (805 ILCS 180/1-10)
| 4 |
| Sec. 1-10. Limited liability company name.
| 5 |
| (a) The name of each limited liability company as set
forth | 6 |
| in its articles of organization:
| 7 |
| (1) shall contain the terms "limited liability
| 8 |
| company", "L.L.C.", or "LLC";
| 9 |
| (2) may not contain a word or phrase, or an
| 10 |
| abbreviation or derivation thereof, the use of which is
| 11 |
| prohibited or restricted by any other statute of this
State | 12 |
| unless the restriction has been complied with;
| 13 |
| (3) shall consist of letters of the English
alphabet, | 14 |
| Arabic or Roman numerals, or symbols capable
of being | 15 |
| readily reproduced by the Office of the
Secretary of State;
| 16 |
| (4) shall not contain any of the following terms:
| 17 |
| "Corporation," "Corp.," "Incorporated," "Inc.," "Ltd.,"
| 18 |
| "Co.," "Limited Partnership" or "L.P.";
| 19 |
| (5) shall be the name under which the limited
liability | 20 |
| company transacts business in this State
unless the limited | 21 |
| liability company also elects to
adopt an assumed name or | 22 |
| names as provided in this Act;
provided, however, that the | 23 |
| limited liability company
may use any divisional | 24 |
| designation or trade name without
complying with the |
|
|
|
HB1367 |
- 28 - |
LRB095 03360 LCT 23364 b |
|
| 1 |
| requirements of this Act, provided
the limited liability | 2 |
| company also clearly discloses its
name;
| 3 |
| (6) shall not contain any word or phrase that indicates | 4 |
| or implies that
the limited liability company is authorized | 5 |
| or empowered to be in the business
of a corporate fiduciary | 6 |
| unless otherwise permitted by the Commissioner of the
| 7 |
| Office of Banks and Real Estate under Section 1-9 of the | 8 |
| Corporate Fiduciary
Act. The word "trust", "trustee", or | 9 |
| "fiduciary" may be used by a limited
liability company only | 10 |
| if it has first complied with Section 1-9 of the
Corporate | 11 |
| Fiduciary Act; and
| 12 |
| (7) shall contain the word "trust", if it is a limited | 13 |
| liability company
organized for the purpose of accepting | 14 |
| and executing trusts.
| 15 |
| (b) Nothing in this Section or Section 1-20 shall
abrogate | 16 |
| or limit the common law or statutory law of unfair
competition | 17 |
| or unfair trade practices, nor derogate from the
common law or | 18 |
| principles of equity or the statutes of this
State or of the | 19 |
| United States of America with respect to the
right to acquire | 20 |
| and protect copyrights, trade names,
trademarks, service | 21 |
| marks, service names, or any other right
to the exclusive use | 22 |
| of names or symbols.
| 23 |
| (c) (Blank).
| 24 |
| (d) The name shall be distinguishable upon the records
in | 25 |
| the Office of the Secretary of State from all of the following:
| 26 |
| (1) Any limited liability company that has
articles of |
|
|
|
HB1367 |
- 29 - |
LRB095 03360 LCT 23364 b |
|
| 1 |
| organization filed with the Secretary of
State under | 2 |
| Section 5-5.
| 3 |
| (2) Any foreign limited liability company admitted
to | 4 |
| transact business in this State.
| 5 |
| (3) Any name for which an exclusive right has been
| 6 |
| reserved in the Office of the Secretary of State
under | 7 |
| Section 1-15.
| 8 |
| (4) Any assumed name that is registered with the
| 9 |
| Secretary of State under Section 1-20.
| 10 |
| (5) Any corporate name or assumed corporate name of a | 11 |
| domestic or
foreign corporation subject to the provisions | 12 |
| of Section 4.05 of the
Business Corporation Act of 1983
or | 13 |
| Section 104.05 of the General Not For Profit Corporation | 14 |
| Act of 1986.
| 15 |
| (6) Any assumed name registered under the Assumed | 16 |
| Business Name Act.
| 17 |
| (e) The provisions of subsection (d) of this Section
shall | 18 |
| not apply if the organizer files with the Secretary of
State a | 19 |
| certified copy of a final decree of a court of
competent | 20 |
| jurisdiction establishing the prior right of the
applicant to | 21 |
| the use of that name in this State.
| 22 |
| (f) The Secretary of State shall determine whether a
name | 23 |
| is "distinguishable" from another name for the purposes
of this | 24 |
| Act. Without excluding other names that may not
constitute | 25 |
| distinguishable names in this State, a name is not
considered | 26 |
| distinguishable, for purposes of this Act, solely
because it |
|
|
|
HB1367 |
- 30 - |
LRB095 03360 LCT 23364 b |
|
| 1 |
| contains one or more of the following:
| 2 |
| (1) The word "limited", "liability" or "company"
or an | 3 |
| abbreviation of one of those words.
| 4 |
| (2) Articles, conjunctions, contractions,
| 5 |
| abbreviations, or different tenses or number of the same
| 6 |
| word.
| 7 |
| (g) Nothing in this amendatory Act of the 95th General | 8 |
| Assembly shall be construed to prohibit the use of a name that | 9 |
| was adopted, reserved, or registered before July 1, 2008 in | 10 |
| accordance with the law in effect when it was adopted, | 11 |
| reserved, or registered.
| 12 |
| (Source: P.A. 92-33, eff. 7-1-01; 93-59, eff. 7-1-03.)
| 13 |
| Section 45. The Assumed Business Name Act is amended by | 14 |
| changing Sections 1, 3, 3a, and 4 and by adding Section 3c as | 15 |
| follows:
| 16 |
| (805 ILCS 405/1) (from Ch. 96, par. 4)
| 17 |
| Sec. 1. Certificate; misrepresentation. | 18 |
| (a) No person or persons shall
conduct or transact
business | 19 |
| in this
State under an assumed name, or under any designation, | 20 |
| name or style,
corporate or otherwise, other than the real name | 21 |
| or names of the individual
or individuals conducting or | 22 |
| transacting such business, unless such person
or persons shall | 23 |
| file in the office of the Secretary of State
County Clerk of | 24 |
| the County in
which such person or persons conduct or transact |
|
|
|
HB1367 |
- 31 - |
LRB095 03360 LCT 23364 b |
|
| 1 |
| or intend to conduct or
transact such business, a certificate | 2 |
| setting forth the name under which
the business is, or is to | 3 |
| be, conducted or transacted, and the true or real
full name or | 4 |
| names of the person or persons owning, conducting or
| 5 |
| transacting the same, with the post office address or addresses | 6 |
| of such
person or persons and every address where such business | 7 |
| is, or is to be,
conducted or transacted in the county. The | 8 |
| certificate shall be executed
and duly acknowledged by the | 9 |
| person or persons so conducting or intending
to conduct the | 10 |
| business.
| 11 |
| (b) The assumed name shall be distinguishable upon the | 12 |
| records in the
office of the Secretary of State from any other | 13 |
| assumed name registered under this Act, the name or assumed | 14 |
| name of any domestic corporation or limited liability company | 15 |
| organized under the Limited Liability Company Act, whether | 16 |
| profit or not for profit, existing under any Act of this State | 17 |
| or of the name or assumed name of any foreign corporation or | 18 |
| foreign limited liability company registered under the Limited | 19 |
| Liability Company Act, whether profit or not for profit, | 20 |
| authorized to transact business in this State, or a name the | 21 |
| exclusive right to which is, at the time, reserved or | 22 |
| registered in the manner provided in this Act or Section 1-15 | 23 |
| of the Limited Liability Company Act. The Secretary of State | 24 |
| shall determine whether a name is distinguishable from another | 25 |
| name for purposes of this Act. If the Secretary of State | 26 |
| determines that a name is not distinguishable from another |
|
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| name, the Secretary shall so inform the person who submitted | 2 |
| the certificate, and the certificate shall be declared void. | 3 |
| However, nothing in this subsection (b) shall be construed to | 4 |
| invalidate a certificate that was filed before July 1, 2008 in | 5 |
| accordance with the law in effect at the time it was filed and | 6 |
| nothing in this subsection (b) shall be construed to prohibit | 7 |
| the use of an assumed name under a certificate that was filed | 8 |
| before July 1, 2008 in accordance with the law in effect at the | 9 |
| time it was filed.
| 10 |
| (c) Notice of the filing of such certificate shall be | 11 |
| published in a
newspaper of general circulation published | 12 |
| within the county in which the business is, or is to be,
| 13 |
| conducted or transacted
certificate is filed . Such notice shall | 14 |
| be published once a week for 3
consecutive weeks. The first | 15 |
| publication shall be within 15 days after the
certificate is | 16 |
| filed in the office of the Secretary of State
County Clerk . | 17 |
| Proof of
publication shall be filed with the Secretary of State
| 18 |
| County Clerk within 50 days from the
date of filing the | 19 |
| certificate. Upon receiving proof of publication, the | 20 |
| Secretary of State
clerk shall issue a receipt to the person | 21 |
| filing such certificate but no
additional charge shall be | 22 |
| assessed by the Secretary of State
clerk for giving such | 23 |
| receipt.
Unless proof of publication is made to the Secretary | 24 |
| of State
clerk , the certificate of
registration of the assumed | 25 |
| name is void.
| 26 |
| (d) If any person changes his name or his residence address |
|
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| or the address
of any place of business in the county where | 2 |
| such assumed name is being
employed after filing a certificate, | 3 |
| or if the name of a person is added to
any business | 4 |
| organization for which a certificate is on file, such person
| 5 |
| shall file an additional, duly acknowledged certificate in the | 6 |
| office of
the Secretary of State
County Clerk of the county in | 7 |
| which such person transacts business
under an assumed name . The | 8 |
| certificate shall set out the change or addition
as the case | 9 |
| may be. Such certificate shall also set out the post office
| 10 |
| address of the person. If any business organization for which | 11 |
| such
certificate has been filed in any county of this State | 12 |
| shall remove its
place of business to another county in this | 13 |
| State or shall establish an
additional location for doing | 14 |
| business in another county of this State, an additional
a
| 15 |
| certificate shall be filed in the office of the Secretary of | 16 |
| State
County Clerk of such other
county and notice of the | 17 |
| filing of such certificate of a change or addition
of a name | 18 |
| shall be published and proof of publication made pursuant to | 19 |
| the
provisions of this section in the same manner as is | 20 |
| provided for original
certificates to do business under an | 21 |
| assumed name.
| 22 |
| (e) A foreign person or foreign entity may not use an | 23 |
| assumed or fictitious
name in the conduct
of its business to | 24 |
| intentionally misrepresent the origin or location of the
person | 25 |
| or entity.
| 26 |
| (Source: P.A. 91-906, eff. 1-1-01.)
|
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| 1 |
| (805 ILCS 405/3) (from Ch. 96, par. 6)
| 2 |
| Sec. 3. The Secretary of State
several County Clerks of | 3 |
| this State shall keep an alphabetical
index of all persons | 4 |
| filing certificates pursuant to Sections 1 and 2,
and for the | 5 |
| indexing and filing of such certificate shall receive a fee of
| 6 |
| $5.00. A copy of such certificate and receipt for proof of | 7 |
| publication,
duly certified to by the Secretary of State
County | 8 |
| Clerk in whose office the certificate is
filed , shall be | 9 |
| presumptive evidence in all courts of law in this State of
the | 10 |
| facts therein contained.
| 11 |
| (Source: P.A. 85-186.)
| 12 |
| (805 ILCS 405/3a) (from Ch. 96, par. 6a)
| 13 |
| Sec. 3a. Any person who has executed and filed the | 14 |
| certificate required by
Section 1 or 2 of this Act and who | 15 |
| wishes to withdraw his name from the
business organization | 16 |
| shall have the certificate cancelled in whole or in
part by | 17 |
| filing in the office of the Secretary of State
County Clerk | 18 |
| where the certificate is
filed, a supplementary certificate | 19 |
| under oath, showing that such person or
persons have ceased | 20 |
| doing business under the assumed name, or that the
person or | 21 |
| persons executing the supplementary certificate have no | 22 |
| further
connection with or financial interest in the business | 23 |
| carried on under such
assumed name; whereupon the Secretary of | 24 |
| State
County Clerk shall note opposite the trade name
|
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| theretofore registered, the word "cancelled" and the date of | 2 |
| cancellation,
or, in the case of withdrawal only of one or more | 3 |
| but less than all of the
registrants, the Secretary of State
| 4 |
| clerk shall note the word "Withdrawn" after the name of
each | 5 |
| party filing the supplementary certificate indicating the | 6 |
| withdrawal,
together with the date of such withdrawal. When | 7 |
| such withdrawal effectuates
any change in or transfer of the | 8 |
| ownership of 25% or more of the total
ownership interest in any | 9 |
| such business organization doing business under
an assumed | 10 |
| name, then notice of the filing of such certificate shall be
| 11 |
| published.
| 12 |
| For filing a certificate noting the cancellation or | 13 |
| withdrawal of one or
more names, the Secretary of State
County | 14 |
| Clerk shall receive a fee of $1.50.
| 15 |
| Where a person files a certificate pursuant to Section 1 or | 16 |
| 2 setting
out a change of his name, or that his name is an | 17 |
| addition to an
organization doing business under an assumed | 18 |
| name which has previously been
registered, the Secretary of | 19 |
| State
County Clerk shall note on the index of such person's | 20 |
| name
the word "changed" or "addition" as the case may be.
| 21 |
| (Source: Laws 1963, p. 2997.)
| 22 |
| (805 ILCS 405/3c new)
| 23 |
| Sec. 3c. Transition. County clerks shall accept | 24 |
| certificates, supplementary certificates, and proofs of | 25 |
| publication for filing under this Act through June 30, 2008. |
|
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| 1 |
| Each county clerk shall submit all certificates, supplementary | 2 |
| certificates, and proofs of publication filed with the county | 3 |
| clerk under this Act, together with all indices maintained by | 4 |
| the county clerk under this Act and such other records that the | 5 |
| Secretary of State may specify. The Secretary of State shall | 6 |
| adopt rules specifying the form, manner, and time of submission | 7 |
| of the certificates, supplementary certificates, proofs of | 8 |
| publication, indices, and other records. Copies of | 9 |
| certificates, supplementary certificates, proofs of | 10 |
| publication, indices, and other records shall be made so that | 11 |
| county clerks may continue to perform their duties under this | 12 |
| Act through June 30, 2008. The Secretary of State shall have a | 13 |
| statewide system of filing and indexing of certificates in | 14 |
| operation beginning July 1, 2008.
| 15 |
| (805 ILCS 405/4) (from Ch. 96, par. 7)
| 16 |
| Sec. 4. Except as otherwise provided by law, this
This Act | 17 |
| shall in no way affect or apply to any corporation,
limited | 18 |
| liability company, limited partnership, or limited liability
| 19 |
| partnership duly
organized under the laws of this State, or any | 20 |
| corporation, limited liability
company, limited partnership, | 21 |
| or limited liability partnership
organized under
the laws of | 22 |
| any other State and lawfully doing business in this State, nor
| 23 |
| shall this Act be deemed or construed to prevent the lawful use | 24 |
| of a
partnership name or designation, provided that such | 25 |
| partnership shall
include the true, real name of such person or |
|
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| persons transacting said
business or partnership nor shall it | 2 |
| be construed as in any way affecting
Sections 17-12
220 and | 3 |
| 17-19
220a of the Criminal Code of 1961
Division I of "An Act | 4 |
| to revise the law in
relation to criminal jurisprudence", | 5 |
| approved March 27, 1874, as amended .
This Act shall in no way | 6 |
| affect or apply to testamentary or other express
trusts where | 7 |
| the business is carried on in the name of the trust and such
| 8 |
| trust is created by will or other instrument in writing under | 9 |
| which title
to the trust property is vested in a designated | 10 |
| trustee or trustees for the
use and benefit of the cestuis que | 11 |
| trustent.
| 12 |
| (Source: P.A. 90-421, eff. 1-1-98.)
| 13 |
| Section 50. The Home Repair and Remodeling Act is amended | 14 |
| by changing Section 20 as follows:
| 15 |
| (815 ILCS 513/20)
| 16 |
| Sec. 20. Consumer rights brochure.
| 17 |
| (a) For any contract over $1,000, any
person engaging in | 18 |
| the business
of home repair and remodeling shall provide to its | 19 |
| customers a copy of the
"Home Repair: Know Your Consumer | 20 |
| Rights" pamphlet prior to the execution of any
home repair and | 21 |
| remodeling contract. The consumer shall sign and date an
| 22 |
| acknowledgment form entitled "Consumer Rights Acknowledgment | 23 |
| Form" that states:
"I, the homeowner, have received from the | 24 |
| contractor a copy of the pamphlet
entitled 'Home Repair: Know |
|
|
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| Your Consumer Rights.'" The contractor or his or
her | 2 |
| representative shall also sign and date the acknowledgment | 3 |
| form, which
includes the name and address of the home repair | 4 |
| and remodeling business. The
acknowledgment form shall be in | 5 |
| duplicate and incorporated into the pamphlet.
The original | 6 |
| acknowledgment form shall be retained by the contractor and the
| 7 |
| duplicate copy shall be retained within the pamphlet by the | 8 |
| consumer.
| 9 |
| (b) For any contract for $1,000 or under, any person | 10 |
| engaging in the
business
of home repair and remodeling shall | 11 |
| provide to its customers a copy of the
"Home Repair: Know Your | 12 |
| Consumer Rights" pamphlet. No written acknowledgment
of | 13 |
| receipt of the pamphlet is required for a contract of $1,000 or | 14 |
| under.
| 15 |
| (c) The
pamphlet must be a separate
document, in at least | 16 |
| 12 point type, and in legible ink. The pamphlet shall
read as | 17 |
| follows:
| 18 |
| "HOME REPAIR: KNOW YOUR CONSUMER RIGHTS
| 19 |
| As you plan for your home repair/improvement project, it is | 20 |
| important to
ask the right questions in order to protect your | 21 |
| investment. The tips in this
fact sheet should allow you to | 22 |
| protect yourself and minimize the possibility
that a | 23 |
| misunderstanding may occur.
|
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| AVOIDING HOME REPAIR FRAUD
| 2 |
| Please use extreme caution when confronted with the following | 3 |
| warning signs of
a potential scam:
| 4 |
| (1) Door-to-door salespersons with no local connections | 5 |
| who offer to do
home repair work for substantially less than | 6 |
| the market price.
| 7 |
| (2) Solicitations for repair work from a company that lists | 8 |
| only a
telephone number or a post-office box number to contact, | 9 |
| particularly if it is
an
out-of-state company.
| 10 |
| (3) Contractors who fail to provide customers references | 11 |
| when requested.
| 12 |
| (4) Persons offering to inspect your home for free. Do not | 13 |
| admit anyone
into your home unless he or she can present | 14 |
| authentic identification
establishing his or her business | 15 |
| status. When in doubt, do not hesitate to
call the
worker's | 16 |
| employer to verify his or her identity.
| 17 |
| (5) Contractors demanding cash payment for a job or who ask | 18 |
| you to make a
check payable to a person other than the owner or | 19 |
| company name.
| 20 |
| (6) Offers from a contractor to drive you to the bank to | 21 |
| withdraw funds to
pay for the work.
| 22 |
| CONTRACTS
| 23 |
| (1) Get all estimates in writing.
|
|
|
|
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LRB095 03360 LCT 23364 b |
|
| 1 |
| (2) Do not be induced into signing a contract by | 2 |
| high-pressure sales
tactics.
| 3 |
| (3) Never sign a contract with blank spaces or one you do | 4 |
| not fully
understand. If you are taking out a loan to finance | 5 |
| the work, do not sign the
contract before your lender approves | 6 |
| the loan.
| 7 |
| (4) Remember, you have 3 business days from the time you | 8 |
| sign your
contract
to cancel any contract if the sale is made | 9 |
| at your home. The contractor cannot
deprive you of this right | 10 |
| by initiating work, selling your contract to a
lender, or any | 11 |
| other tactic.
| 12 |
| (5) If the contractor does business under a name other than | 13 |
| the
contractor's
real name, the business must either be | 14 |
| incorporated or registered under the
Assumed Business Name Act. | 15 |
| Check with the Secretary of State to see if the
business is
| 16 |
| incorporated or with the county clerk to see if the business | 17 |
| has registered
under the Assumed Business Name Act.
| 18 |
| (6) Homeowners should check with local and county units of | 19 |
| government to
determine if permits or inspections are required.
| 20 |
| (7) Determine whether the contractor will guarantee his or | 21 |
| her work and
products.
| 22 |
| (8) Determine whether the contractor has the proper | 23 |
| insurance.
| 24 |
| (9) Do not sign a certificate of completion or make final | 25 |
| payment until
the
work is done to your satisfaction.
| 26 |
| (10) Remember, homeowners should know who provides |
|
|
|
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LRB095 03360 LCT 23364 b |
|
| 1 |
| supplies and labor for
any work performed on your home. | 2 |
| Suppliers and subcontractors have a right to
file a lien | 3 |
| against your property if the general contractor fails to pay | 4 |
| them.
To protect your property, request lien waivers from the | 5 |
| general contractor.
| 6 |
| BASIC TERMS TO BE INCLUDED IN A CONTRACT
| 7 |
| (1) Contractor's full name, address, and telephone number. | 8 |
| Illinois law
requires that
persons selling home repair and | 9 |
| improvement services provide their customers
with notice of any | 10 |
| change to their business name or address that comes about
prior | 11 |
| to the agreed dates for beginning or completing the work.
| 12 |
| (2) A description of the work to be performed.
| 13 |
| (3) Starting and estimated completion dates.
| 14 |
| (4) Total cost of work to be performed.
| 15 |
| (5) Schedule and method of payment, including down payment, | 16 |
| subsequent
payments, and final payment.
| 17 |
| (6) A provision stating the grounds for termination of the | 18 |
| contract by
either party. However, the homeowner must pay the | 19 |
| contractor for work
completed. If the contractor fails to | 20 |
| commence or complete work within the
contracted time period, | 21 |
| the homeowner may cancel and may be entitled to a
refund of any | 22 |
| down payment
or other payments made towards the work, upon | 23 |
| written demand by certified mail.
| 24 |
| Homeowners should obtain a copy of the signed contract and |
|
|
|
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LRB095 03360 LCT 23364 b |
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| 1 |
| keep it in a safe
place for reference as needed.
| 2 |
| IF YOU THINK YOU HAVE BEEN DEFRAUDED OR YOU HAVE QUESTIONS
| 3 |
| If you think you have been defrauded by a contractor or | 4 |
| have any questions,
please bring
it to the attention of your | 5 |
| State's Attorney or the Illinois Attorney General's
Office.
| 6 |
| Attorney General Toll-Free Numbers
| 7 |
| Carbondale (800) 243-0607
| 8 |
| Springfield (800) 243-0618
| 9 |
| Chicago (800) 386-5438".
| 10 |
| (Source: P.A. 91-230, eff. 1-1-00.)
| 11 |
| Section 99. Effective date. This Act takes effect July 1, | 12 |
| 2007, except that this Section and the provisions adding | 13 |
| Section 3c to the Assumed Business Name Act take effect July 1, | 14 |
| 2008.
|
|
|
|
HB1367 |
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LRB095 03360 LCT 23364 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 35 ILCS 200/21-270 |
|
| 4 |
| 35 ILCS 200/21-305 |
|
| 5 |
| 35 ILCS 516/210 |
|
| 6 |
| 35 ILCS 516/245 |
|
| 7 |
| 235 ILCS 5/7-1 |
from Ch. 43, par. 145 |
| 8 |
| 240 ILCS 5/6 |
from Ch. 17, par. 1456 |
| 9 |
| 805 ILCS 5/4.05 |
from Ch. 32, par. 4.05 |
| 10 |
| 805 ILCS 10/9 |
from Ch. 32, par. 415-9 |
| 11 |
| 805 ILCS 105/104.05 |
from Ch. 32, par. 104.05 |
| 12 |
| 805 ILCS 180/1-10 |
|
| 13 |
| 805 ILCS 405/1 |
from Ch. 96, par. 4 |
| 14 |
| 805 ILCS 405/3 |
from Ch. 96, par. 6 |
| 15 |
| 805 ILCS 405/3a |
from Ch. 96, par. 6a |
| 16 |
| 805 ILCS 405/3c new |
|
| 17 |
| 805 ILCS 405/4 |
from Ch. 96, par. 7 |
| 18 |
| 815 ILCS 513/20 |
|
| |
|