SB2907 93RD GENERAL ASSEMBLY

LRB093 15217 WGH 40813 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2907

Introduced 2/6/2004, by Edward D. Maloney

SYNOPSIS AS INTRODUCED:

220 ILCS 5/4-601 new
815 ILCS 505/10d new

Amends the Public Utilities Act and the Consumer Fraud and Deceptive Business Practices Act. Provides that, notwithstanding any other provision of law, the Illinois Commerce Commission and its staff shall work cooperatively with law enforcement authorities, including the Attorney General and State's Attorneys, in their enforcement of consumer protection laws, including the Consumer Fraud and Deceptive Business Practices Act, provide any materials or documents requested by the Attorney General or a State's Attorney pertaining to the enforcement of consumer protection laws, and, upon written request, forward any complaints regarding alleged violations of any consumer protection law to the Attorney General and the appropriate State's Attorney. Provides that all remedies and authority granted to the Attorney General or the State's Attorneys by the Consumer Fraud and Deceptive Business Practices Act shall be available even though the matter is also subject to the Public Utilities Act. Provides that the Public Utilities Act and the Illinois Commerce Commission's rules do not preclude any action that may be available by law, and that the remedies for violations of the Public Utilities Act and its rules are not intended to replace other remedies that may be imposed by the courts for violation of other consumer protection laws and are in addition to, and not in substitution for, other available remedies.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning consumer protection.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Public Utilities Act is amended by adding Section 4-601 as follows:

(220 ILCS 5/4-601 new)

Sec. 4-601. Consumer protection laws.

(a) The General Assembly finds that consumer protection is vital to the health, safety, and welfare of Illinois consumers.

(b) Notwithstanding any other provision of law, the Commission and its staff shall:

(1) work cooperatively with law enforcement authorities, including the Attorney General and State's Attorneys, in their enforcement of consumer protection laws, including the Consumer Fraud and Deceptive Business Practices Act;

(2) provide any materials or documents requested by the Attorney General or a State's Attorney pertaining to the enforcement of consumer protection laws; and

(3) upon written request, forward any complaints regarding alleged violations of any consumer protection law to the Attorney General and the State's Attorney of the appropriate county or counties.

(c) All remedies and authority granted to the Attorney General or the State's Attorney of any county by the Consumer Fraud and Deceptive Business Practices Act shall be available notwithstanding the matter also being subject to this Act. This Act and the Commission's rules do not preclude any action that may be available by law. The remedies for violations of this Act and its rules are not intended to replace other remedies that may be imposed by the courts for violation of other consumer protection laws and are in addition to, and not in substitution for, other available remedies.

Section 10. The Consumer Fraud and Deceptive Business Practices Act is amended by adding Section 10d as follows:

(815 ILCS 505/10d new)

Sec. 10d. Public Utilities Act; Illinois Commerce Commission.

(a) The General Assembly finds that consumer protection is vital to the health, safety, and welfare of Illinois consumers.

(b) Notwithstanding any other provision of law, the Illinois Commerce Commission and its staff shall:

(1) work cooperatively with law enforcement authorities, including the Attorney General and State's Attorneys, in their enforcement of consumer protection laws, including this Act;

(2) provide any materials or documents requested by the Attorney General or a State's Attorney pertaining to the enforcement of consumer protection laws; and

(3) upon written request, forward any complaints regarding alleged violations of any consumer protection law to the Attorney General and the State's Attorney of the appropriate county or counties.

(c) All remedies and authority granted to the Attorney General or the State's Attorney of any county by this Act shall be available notwithstanding the matter also being subject to the Public Utilities Act. The Public Utilities Act and the Illinois Commerce Commission's rules do not preclude any action that may be available by law. The remedies for violations of the Public Utilities Act and its rules are not intended to replace other remedies that may be imposed by the courts for violation of other consumer protection laws and are in addition to, and not in substitution for, other available remedies.