Full Text of SB3014 101st General Assembly
SB3014 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3014 Introduced 2/5/2020, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED: |
| 815 ILCS 505/10b | from Ch. 121 1/2, par. 270b |
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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).
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| | A BILL FOR |
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| | | SB3014 | | LRB101 19075 JLS 68535 b |
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| 1 | | AN ACT concerning business.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Consumer Fraud and Deceptive Business | 5 | | Practices 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 | 8 | | following:
| 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 to | 4 | | 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 paid | 11 | | or transferred to the government entity or agency, or taken | 12 | | as a credit, allowance, or offset on a tax return or other | 13 | | tax form (including any amount of commission or discount | 14 | | taken by or allowed to a tax collector or taxpayer). This | 15 | | subsection applies in addition to any other defense to an | 16 | | action under this Act that may apply. | 17 | | (Source: P.A. 101-25, eff. 6-21-19.)
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