Full Text of HB4786 102nd General Assembly
HB4786 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4786 Introduced 1/27/2022, by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED: |
| 765 ILCS 705/4 new | |
815 ILCS 505/2Z | from Ch. 121 1/2, par. 262Z |
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Amends the Landlord and Tenant Act. Restricts a landlord from requiring a tenant or prospective tenant to remit any amount due to the landlord by means of an electronic funds transfer. Provides that beginning 90 days after the effective date of the amendatory Act, a landlord who violates the provision is guilty of an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act and is subject to a civil penalty of $100 for each violation. Provides that a landlord who commits a second violation within 5 years of the first violation is subject to a civil penalty of $200, and a landlord who commits a third violation within 5 years of the first or second violation is subject to a civil penalty of $300. Makes a conforming change in the Consumer Fraud and Deceptive Business Practices Act.
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| | A BILL FOR |
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| | | HB4786 | | LRB102 23082 LNS 32238 b |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Landlord and Tenant Act is amended by | 5 | | adding Section 4 as follows: | 6 | | (765 ILCS 705/4 new) | 7 | | Sec. 4. Payment by electronic funds transfer. | 8 | | (a) As used in this Section, "electronic funds transfer" | 9 | | means a transfer of funds, other than a transaction originated | 10 | | by check, draft, or similar paper instrument, that is | 11 | | initiated through an electronic terminal, telephone, computer, | 12 | | or magnetic tape for the purpose of ordering, instructing, or | 13 | | authorizing a financial institution to debit or credit a | 14 | | consumer's account, including, but not limited to, through the | 15 | | use of an automated clearing house system. | 16 | | (b) A landlord shall not require a tenant or prospective | 17 | | tenant to remit any amount due to the landlord under a | 18 | | residential lease, renewal, or extension agreement by means of | 19 | | an electronic funds transfer, including, but not limited to, | 20 | | an electronic funds transfer system that automatically | 21 | | transfers funds on a regular, periodic, and recurring basis. | 22 | | (c) Beginning 90 days after the effective date of this | 23 | | amendatory Act of the 102nd General Assembly, a landlord who |
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| 1 | | violates this Section is guilty of an unlawful practice under | 2 | | the Consumer Fraud and Deceptive Business Practices Act and is | 3 | | subject to a civil penalty of $100 for each violation. | 4 | | However, a landlord who commits a second violation within 5 | 5 | | years of the first violation is subject to a civil penalty of | 6 | | $200, and a landlord who commits a third violation within 5 | 7 | | years of the first or second violation is subject to a civil | 8 | | penalty of $300.
| 9 | | Section 10. The Consumer Fraud and Deceptive Business | 10 | | Practices Act is amended by changing Section 2Z as follows:
| 11 | | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
| 12 | | Sec. 2Z. Violations of other Acts. Any person who | 13 | | knowingly violates
the Automotive Repair Act, the Automotive | 14 | | Collision Repair Act,
the Home Repair and Remodeling Act,
the | 15 | | Dance Studio Act,
the Physical Fitness Services Act,
the | 16 | | Hearing Instrument Consumer Protection Act,
the Illinois Union | 17 | | Label Act, the Installment Sales Contract Act,
the Job | 18 | | Referral and Job Listing Services Consumer Protection Act,
the | 19 | | Travel Promotion Consumer Protection Act,
the Credit Services | 20 | | Organizations Act,
the Automatic Telephone Dialers Act,
the | 21 | | Pay-Per-Call Services Consumer Protection Act,
the Telephone | 22 | | Solicitations Act,
the Illinois Funeral or Burial Funds Act,
| 23 | | the Cemetery Oversight Act, the Cemetery Care Act,
the Safe | 24 | | and Hygienic Bed Act,
the Illinois Pre-Need Cemetery Sales |
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| 1 | | Act,
the High Risk Home Loan Act, the Payday Loan Reform Act, | 2 | | the Predatory Loan Prevention Act, the Mortgage Rescue Fraud | 3 | | Act, subsection (a) or (b) of Section 3-10 of the
Cigarette Tax | 4 | | Act, subsection
(a) or (b) of Section 3-10 of the Cigarette Use | 5 | | Tax Act, the Electronic
Mail Act, the Internet Caller | 6 | | Identification Act, paragraph (6)
of
subsection (k) of Section | 7 | | 6-305 of the Illinois Vehicle Code, Section 11-1431, 18d-115, | 8 | | 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois | 9 | | Vehicle Code, Article 3 of the Residential Real Property | 10 | | Disclosure Act, the Automatic Contract Renewal Act, the | 11 | | Reverse Mortgage Act, Section 25 of the Youth Mental Health | 12 | | Protection Act, the Personal Information Protection Act, or | 13 | | the Student Online Personal Protection Act , or Section 4 of | 14 | | the Landlord and Tenant Act commits an unlawful practice | 15 | | within the meaning of this Act.
| 16 | | (Source: P.A. 100-315, eff. 8-24-17; 100-416, eff. 1-1-18; | 17 | | 100-863, eff. 8-14-18; 101-658, eff. 3-23-21.)
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