92nd General Assembly
Summary of SB0797
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Senate Sponsors:
LAUZEN-GEO-KARIS-MADIGAN,L AND HALVORSON.

House Sponsors:
CURRIE-LINDNER-MCKEON

Short description: 
PRIZE & GIFTS-PAYMENTS                                                     

Synopsis of Bill as introduced:
        Amends the Consumer Fraud and Deceptive Business  Practices  Act.      
   Provides  that  the use of a mailing stating that the recipient of the      
   mailing may win or may already have won a prize is declared to  be  an      
   unlawful  practice  under  the Act unless the sender (1) discloses the      
   estimated odds of winning and (2) refrains from  stating  or  implying      
   that  the  recipient  may  improve  his  or  her  odds  of  winning by      
   purchasing certain products.                                                
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          815 ILCS 505/2KK new                                                 
          Adds reference to:                                                   
          New Act                                                              
        Deletes everything.  Creates the Prizes and  Gifts  Act.  Applies      
   only  to  a written promotional offer that is either: made to a person      
   in this State; used to induce a person to come to this State to  claim      
   a  prize,  attend  a  sales  presentation  or  meeting, or conduct any      
   business in this State; or used  to  induce  a  person  to  contact  a      
   promoter,  sponsor, salesperson, or agent in this State. Provides that      
   a sponsor may not require a payment as a condition of awarding a prize      
   or  allowing  a  person  to  receive,  use,  compete  for,  or  obtain      
   information about a prize. Provides that a written prize  notice  must      
   contain  specified  disclosures.  Provides  that  prizes (or specified      
   equivalents) shall be given within 30 days after notice is given  that      
   a  person  has  been  awarded a prize. Contains exemptions. Authorizes      
   actions by a consumer, the Attorney General, or a State's Attorney for      
   violations of the Act.                                                      
          FISCAL NOTE (Office of Attorney General)                             
          There would be an annual cost of $130,000 in costs associated        
          with two new Assistant Attorneys General to handle consumer          
          complaints, follow-up, and filing legal actions when deemed          
          necessary.                                                           
        HOUSE AMENDMENT NO. 1.                                                 
        Amends the Prizes and  Gifts  Act.   Changes  the  definition  of      
   "sponsor".   Provides that a sponsor shall not represent that a person      
   has won or unconditionally will win a prize or use language  that  may      
   lead a person to believe that he or she has won a prize unless certain      
   conditions   are   met.    Makes  changes  concerning  enforcement  of      
   violations of the Act by the Attorney General or State's Attorney.          
        HOUSE AMENDMENT NO. 2.                                                 
        Provides that a sponsor may not represent that a person has won a      
   prize unless certain conditions are met (now a  sponsor  may  not  use      
   language  that  may  lead a person to believe that he or she has won a      
   prize unless those conditions are met).                                     
 
Last action on Bill: PUBLIC ACT.............................. 92-0436

   Last action date: AUG-17-2001

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   2     SENATE -   1


   END OF INQUIRY 



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