Sen. Jason A. Barickman

Filed: 3/29/2017

 

 


 

 


 
10000SB0758sam003LRB100 06944 HEP 24113 a

1
AMENDMENT TO SENATE BILL 758

2    AMENDMENT NO. ______. Amend Senate Bill 758 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Code of Civil Procedure is amended by
5changing Section 9-211 as follows:
 
6    (735 ILCS 5/9-211)  (from Ch. 110, par. 9-211)
7    Sec. 9-211. Service of demand or notice.
8    (a) Any demand may be made or notice served by delivering a
9written or printed, or partly written and printed, copy thereof
10to the tenant; , or by leaving the same with some person of the
11age of 13 years or upwards, residing on or in possession of the
12premises; or by sending a copy of the notice to the tenant by
13certified or registered mail or by a national private delivery
14service, with a returned receipt from the addressee or a member
15of the household; or if ; and in case no one is in the actual
16possession of the premises, then by posting the same on the

 

 

10000SB0758sam003- 2 -LRB100 06944 HEP 24113 a

1premises; or by electronic service as provided in subsection
2(b) of this Section.
3    (b) Electronic service of the demand may be made if the
4tenant has in writing specifically consented to electronic
5service of the demand and if the consent or confirmation of the
6consent has been sent by one party and affirmatively replied
7to, by electronic transmission, by the other party. The
8electronic service address used by a party in the process under
9this Section shall be considered to remain that party's
10correct, functioning electronic service address, unless
11consent as provided in this subsection is obtained using a
12different electronic service address for that party or unless
13that party notifies the other in writing that that party no
14longer has an electronic service address. A landlord shall not
15refuse to enter a lease because the prospective tenant declines
16to consent to electronic service under this Section. As used in
17this subsection:
18        (1) "Document" means a digital image of a record
19    originally produced on paper or originally created by an
20    electronic means, the output of which is readable by sight
21    and can be printed to paper.
22        (2) "Electronic notification" means the notification
23    to a person that a document is served by sending an
24    electronic message to the electronic service address at or
25    through which the person has authorized electronic
26    service, specifying the exact name of the document served

 

 

10000SB0758sam003- 3 -LRB100 06944 HEP 24113 a

1    or providing a hyperlink at which the served document can
2    be viewed and downloaded, or both.
3        (3) "Electronic service" means service of a document on
4    a person by either electronic transmission or electronic
5    notification.
6        (4) "Electronic service address" means the electronic
7    address at or through which the person has authorized
8    electronic service.
9        (5) "Electronic transmission" means the transmission
10    of a document by electronic means to the electronic service
11    address at or through which a person has authorized
12    electronic service.
13(Source: P.A. 83-355.)".