SB2907sam001 93RD GENERAL ASSEMBLY

Sen. Edward D. Maloney

Filed: 3/25/2004

 

 


 

 


 
09300SB2907sam001 LRB093 15217 WGH 49151 a

1
AMENDMENT TO SENATE BILL 2907

2     AMENDMENT NO. ______. Amend Senate Bill 2907 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Public Utilities Act is amended by adding
5 Section 4-601 as follows:
 
6     (220 ILCS 5/4-601 new)
7     Sec. 4-601. Consumer protection laws.
8     (a) The General Assembly finds that consumer protection is
9 vital to the health, safety, and welfare of Illinois consumers.
10     (b) Notwithstanding any other provision of law, the
11 Commission and its staff shall:
12         (1) work cooperatively with law enforcement
13 authorities, including the Attorney General and State's
14 Attorneys, in their enforcement of consumer protection
15 laws, including the Consumer Fraud and Deceptive Business
16 Practices Act;
17         (2) provide any materials or documents already in the
18 Commission's possession requested by the Attorney General
19 or a State's Attorney pertaining to the enforcement of
20 consumer protection laws; any materials or documents that
21 are proprietary shall not be made public unless the
22 designation as proprietary has been removed by a court or
23 legal body of competent jurisdiction, or the agreement of
24 the parties; and

 

 

09300SB2907sam001 - 2 - LRB093 15217 WGH 49151 a

1         (3) upon written request, forward any complaints
2 regarding alleged violations of any consumer protection
3 law to the Attorney General and the State's Attorney of the
4 appropriate county or counties.
5     (c) Subject to subdivision (1) of Section 10b of the
6 Consumer Fraud and Deceptive Business Practices Act, the
7 Attorney General and the State's Attorney of any county shall
8 have available all remedies and authority granted to them by
9 the Consumer Fraud and Deceptive Business Practices Act. The
10 remedies for violations of this Act and its rules are not
11 intended to replace other remedies that may be imposed for
12 violations of the Consumer Fraud and Deceptive Business
13 Practices Act and are in addition to, and not in substitution
14 for, such other remedies, nor is this Act intended to remove
15 any statutorily defined defenses.
 
16     Section 10. The Consumer Fraud and Deceptive Business
17 Practices Act is amended by adding Section 10d as follows:
 
18     (815 ILCS 505/10d new)
19     Sec. 10d. Public Utilities Act; Illinois Commerce
20 Commission.
21     (a) The General Assembly finds that consumer protection is
22 vital to the health, safety, and welfare of Illinois consumers.
23     (b) Notwithstanding any other provision of law, the
24 Illinois Commerce Commission and its staff shall:
25         (1) work cooperatively with law enforcement
26 authorities, including the Attorney General and State's
27 Attorneys, in their enforcement of consumer protection
28 laws, including this Act;
29         (2) provide any materials or documents already in the
30 Commission's possession requested by the Attorney General
31 or a State's Attorney pertaining to the enforcement of
32 consumer protection laws; any materials or documents that

 

 

09300SB2907sam001 - 3 - LRB093 15217 WGH 49151 a

1 are proprietary shall not be made public unless the
2 designation as proprietary has been removed by a court or
3 legal body of competent jurisdiction, or the agreement of
4 the parties; and
5         (3) upon written request, forward any complaints
6 regarding alleged violations of any consumer protection
7 law to the Attorney General and the State's Attorney of the
8 appropriate county or counties.
9     (c) Subject to subdivision (1) of Section 10b of this Act,
10 the Attorney General and the State's Attorney of any county
11 shall have available all remedies and authority granted to them
12 by this Act. The remedies for violations of the Public
13 Utilities Act and its rules are not intended to replace other
14 remedies that may be imposed for violations of this Act and are
15 in addition to, and not in substitution for, such other
16 remedies, nor is this Section intended to remove any
17 statutorily defined defenses.".