HB 3393

Abstract

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice to send to a consumer an unsolicited check that, when cashed, obligates the recipient to repay the amount of the check plus interest and fees. Provides that the provision does not apply to a transaction in which a consumer has submitted an application for, or requested an extension of, credit from the person before receiving the check or instrument, or when the consumer has an existing relationship with the person. House Floor Amendment No. 2 Deletes reference to: 815 ILCS 505/2WWW new Adds reference to: 205 ILCS 670/18 from Ch. 17, par. 5424 Replaces everything after the enacting clause. Amends the Consumer Installment Loan Act. Provides that no person shall deliver to a consumer an unsolicited check payable to the consumer that, upon cashing, obligates the consumer to repay the amount of the check plus interest and fees unless the check bears the following statement printed in 18-point type in uppercase print on the face of the check: "THIS IS A LOAN.". Excludes certain transactions involving consumers who have requested an extension of credit or who have an existing relationship with the person advertising. Senate Floor Amendment No. 1 Deletes reference to: 205 ILCS 670/18 Adds reference to: 235 ILCS 5/6-5 from Ch. 43, par. 122 235 ILCS 5/6-6.65 new 235 ILCS 5/6-28.8 35 ILCS 105/9 from Ch. 120, par. 439.9 35 ILCS 120/3 from Ch. 120, par. 442 Replaces everything after the enacting clause. Amends the Liquor Control Act of 1934. Provides that the amendatory Act may be known as the COVID-19 Pandemic Hospitality Recovery Act. Provides that payment by credit card during the period during which merchandising credit may be extended shall be considered payment. Provides that a retailer may use a credit card to make purchases from a distributor, and the distributor may charge to the retailer any fees associated with that credit card transaction. Provides that manufacturers, non-resident dealers, foreign importers, distributors, or importing distributors may donate money or COVID-19-related improvements, fixtures, and equipment to an entity exempt from federal income taxes under Section 501 of the Internal Revenue Code with the intent that eligible restaurants or retail licensees will apply for and acquire these COVID-19-related improvements, fixtures, and equipment for their use in their operations during the current COVID-19 pandemic until December 31, 2021. Provides that retail license holders may accept temporary donations, pursuant to certain restrictions, of COVID-19-related improvements, fixtures, and equipment from an entity exempt from federal income taxes under Section 501 of the Internal Revenue Code donated to the entity by Illinois licensed manufacturers, non-resident dealers, foreign importers, distributors, or importing distributors. Authorizes the delivery and carry out of a single serving of wine if specified conditions are met. Provides that the provision concerning delivery and carry out of mixed drinks is repealed on January 1, 2024 (instead of June 2, 2021). Makes other changes. Amends the Use Tax Act and the Retailers' Occupation Tax Act. Provides that, with respect to certain eating and drinking establishments, the obligation to make quarter monthly payments shall be suspended, and the taxpayer shall, instead, make monthly payments as otherwise provided by law. Effective immediately. Senate Floor Amendment No. 3 Provides that if a taxpayer is engaged in business in the industry identified under Subsector 722 of the North American Industry Classification System (NAICS) entitled "Food Services and Drinking Places", beginning on February 1, 2021 and continuing through December (instead of June) 31, 2021, the obligation to make certain tax payments on or before the 7th, 15th, 22nd and last day of the month shall be suspended, and the taxpayer may choose instead to make payments on or before the 20th day of each calendar month.