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Rep. Kelly M. Burke
Filed: 3/21/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2472
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| 2 | | AMENDMENT NO. ______. Amend House Bill 2472 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Consumer Fraud and Deceptive Business |
| 5 | | Practices Act is amended by changing Section 10b as follows:
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| 6 | | (815 ILCS 505/10b) (from Ch. 121 1/2, par. 270b)
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| 7 | | (Text of Section WITHOUT the changes made by P.A. 89-7, |
| 8 | | which has been held
unconstitutional)
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| 9 | | Sec. 10b. Nothing in this Act shall apply to any of the |
| 10 | | following:
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| 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).
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| 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.
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| 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.
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| 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
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| 24 | | communication, whenever occurring.
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| 25 | | (5) (Blank).
This item (5)
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| 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
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| 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
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| 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.
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| 13 | | (Source: P.A. 84-894; 89-152, eff. 1-1-96; revised 1-22-98.)
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| 14 | | Section 99. Effective date. This Act takes effect upon |
| 15 | | becoming law.".
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