Bill Amendment: IL SB0758 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: EVICTIONS-CONSTRUCTIVE NOTICE

Status: 2019-01-09 - Session Sine Die [SB0758 Detail]

Download: Illinois-2017-SB0758-Senate_Amendment_003.html

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Sen. Jason A. Barickman

Filed: 3/29/2017

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

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

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