Full Text of HB2472 101st General Assembly
HB2472ham001 101ST GENERAL ASSEMBLY | Rep. Kelly M. Burke Filed: 3/21/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2472
| 2 | | AMENDMENT NO. ______. Amend House Bill 2472 by replacing | 3 | | everything after the enacting clause with the following:
| 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 | | (Text of Section WITHOUT the changes made by P.A. 89-7, | 8 | | which has been held
unconstitutional)
| 9 | | Sec. 10b. Nothing in this Act shall apply to any of the | 10 | | following:
| 11 | | (1) Actions or transactions specifically authorized by | 12 | | laws administered
by any regulatory body or officer acting | 13 | | under statutory authority of this
State or the United States ; | 14 | | however, notwithstanding any action or approval by a regulatory | 15 | | body or officer acting under statutory authority of this State | 16 | | or the United States, the manufacture, distribution, or sale of |
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| 1 | | a product or service that causes or contributes to cause bodily | 2 | | injury, death, or property damage is not an action or | 3 | | transaction "specifically authorized" within the meaning of | 4 | | this item (1) .
| 5 | | (2) The provisions of "An act to protect trademark owners, | 6 | | distributors,
and the public against injurious and uneconomic | 7 | | practices in the
distribution of articles of standard quality | 8 | | under a trademark, brand or
name," approved July 8, 1935, as | 9 | | amended.
| 10 | | (3) Acts done by the publisher, owner, agent, or employee | 11 | | of a
newspaper, periodical or radio or television station in | 12 | | the publication or
dissemination of an advertisement, when the | 13 | | owner, agent or employee did
not have knowledge of the false, | 14 | | misleading or deceptive character of the
advertisement, did not | 15 | | prepare the advertisement, or did not have a direct
financial | 16 | | interest in the sale or distribution of the advertised product | 17 | | or
service.
| 18 | | (4) The communication of any false, misleading or deceptive | 19 | | information,
provided by the seller of real estate located in | 20 | | Illinois, by a real estate
salesman or broker licensed under | 21 | | "The Real Estate Brokers License Act",
unless the salesman or | 22 | | broker knows of the false, misleading or deceptive
character of | 23 | | such information. This provision shall be effective as to any
| 24 | | communication, whenever occurring.
| 25 | | (5) (Blank).
This item (5)
| 26 | | (6) The communication of any false, misleading, or |
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| 1 | | deceptive information by
an insurance producer, registered | 2 | | firm, or limited insurance representative,
as those terms are | 3 | | defined in the Illinois Insurance Code, or by an insurance
| 4 | | agency or brokerage house concerning the sale, placement, | 5 | | procurement, renewal,
binding, cancellation of, or terms of any | 6 | | type of insurance or any policy of
insurance unless the | 7 | | insurance producer has actual knowledge of
the false, | 8 | | misleading, or deceptive character of the information. This
| 9 | | provision shall be effective as to any communications, whenever | 10 | | occurring.
This item (6) applies to all causes of action that | 11 | | accrue on or after the
effective date of this amendatory Act of | 12 | | 1995.
| 13 | | (Source: P.A. 84-894; 89-152, eff. 1-1-96; revised 1-22-98 .)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.".
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