100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2874

 

Introduced , by Rep. Ann M. Williams

 

SYNOPSIS AS INTRODUCED:
 
815 ILCS 505/2  from Ch. 121 1/2, par. 262

    Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that the over-collection of a tax by a person is not considered fraud, reckless disregard, or any other unlawful practice to the extent the over-collected tax is remitted to a government entity or agency. Effective immediately.


LRB100 08292 JLS 18394 b

 

 

A BILL FOR

 

HB2874LRB100 08292 JLS 18394 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 2 as follows:
 
6    (815 ILCS 505/2)  (from Ch. 121 1/2, par. 262)
7    Sec. 2. Unfair methods of competition and unfair or
8deceptive acts or practices, including but not limited to the
9use or employment of any deception fraud, false pretense, false
10promise, misrepresentation or the concealment, suppression or
11omission of any material fact, with intent that others rely
12upon the concealment, suppression or omission of such material
13fact, or the use or employment of any practice described in
14Section 2 of the "Uniform Deceptive Trade Practices Act",
15approved August 5, 1965, in the conduct of any trade or
16commerce are hereby declared unlawful whether any person has in
17fact been misled, deceived or damaged thereby. In construing
18this section consideration shall be given to the
19interpretations of the Federal Trade Commission and the federal
20courts relating to Section 5 (a) of the Federal Trade
21Commission Act. However, it shall not be considered fraud,
22reckless disregard, or any other unlawful practice under this
23Section when a person over-collects a tax, to the extent the

 

 

HB2874- 2 -LRB100 08292 JLS 18394 b

1over-collected tax is remitted to a government entity or
2agency. For purposes of this Section, a tax is remitted to a
3governmental entity or agency when it is paid or transferred to
4the government entity or agency or taken as a credit or
5allowance on a tax return or other tax form (including any
6commission or discount taken or allowed by the tax collector or
7taxpayer).
8(Source: P.A. 78-904.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.