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91_HB2813eng
HB2813 Engrossed LRB9104973DJcd
1 AN ACT concerning consumer fraud, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Finance Act is amended by changing
5 Section 5.467 as follows:
6 (30 ILCS 105/5.467)
7 Sec. 5.467. The Elderly and Disabled Victim Fund.
8 (Source: P.A. 90-414, eff. 1-1-98; 90-655, eff. 7-30-98.)
9 Section 10. The Consumer Fraud and Deceptive Business
10 Practices Act is amended by changing Section 7 as follows:
11 (815 ILCS 505/7) (from Ch. 121 1/2, par. 267)
12 Sec. 7. Injunctive relief; restitution; and civil
13 penalties.
14 (a) Whenever the Attorney General or a State's Attorney
15 has reason to believe that any person is using, has used, or
16 is about to use any method, act or practice declared by this
17 Act to be unlawful, and that proceedings would be in the
18 public interest, he or she may bring an action in the name of
19 the People of the State against such person to restrain by
20 preliminary or permanent injunction the use of such method,
21 act or practice. The Court, in its discretion, may exercise
22 all powers necessary, including but not limited to:
23 injunction; revocation, forfeiture or suspension of any
24 license, charter, franchise, certificate or other evidence of
25 authority of any person to do business in this State;
26 appointment of a receiver; dissolution of domestic
27 corporations or association suspension or termination of the
28 right of foreign corporations or associations to do business
29 in this State; and restitution.
HB2813 Engrossed -2- LRB9104973DJcd
1 (b) In addition to the remedies provided herein, the
2 Attorney General or State's Attorney may request and the
3 Court may impose a civil penalty in a sum not to exceed
4 $50,000 against any person found by the Court to have engaged
5 in any method, act or practice declared unlawful under this
6 Act. In the event the court finds the method, act or
7 practice to have been entered into with the intent to
8 defraud, the court has the authority to impose a civil
9 penalty in a sum not to exceed $50,000 per violation.
10 (c) In addition to any other civil penalty provided in
11 this Section, if a person is found by the court to have
12 engaged in any method, act, or practice declared unlawful
13 under this Act, and the violation was committed against a
14 person 65 years of age or older or against a disabled person
15 as defined in the Probate Act of 1975, the court may impose
16 an additional civil penalty not to exceed $15,000 $10,000 for
17 each violation.
18 A civil penalty imposed under this subsection (c) shall
19 be paid to the State Treasurer, who shall deposit the money
20 in the State treasury in a special fund designated the
21 Elderly and Disabled Victim Fund. Fifty percent of all
22 moneys deposited in the Fund shall be appropriated to the
23 Attorney General for the investigation and prosecution of
24 frauds against persons 65 years of age or older or disabled
25 as defined in Probate Act of 1975 and 50% of all moneys in
26 the Fund shall be appropriated to the Attorney General to
27 develop and implement State-wide education initiatives to
28 inform persons 65 years of age or older, disabled persons,
29 law enforcement agencies, the judicial system, social service
30 professionals, and the general public about prevention of
31 consumer crimes against persons 65 years of age or older and
32 disabled persons, and about the provisions of this Section,
33 the penalties for violations of this Section, and the
34 remedies available for victims of those violations.
HB2813 Engrossed -3- LRB9104973DJcd
1 An award of restitution under subsection (a) has priority
2 over a civil penalty imposed by the court under this
3 subsection.
4 In determining whether to impose a civil penalty under
5 this subsection and the amount of any penalty, the court
6 shall consider the following:
7 (1) Whether the defendant's conduct was in willful
8 disregard of the rights of the disabled person or the
9 person 65 years of age or older.
10 (2) Whether the defendant knew or should have known
11 that the defendant's conduct was directed to a disabled
12 person or a person 65 years of age or older.
13 (3) Whether the disabled person or the person 65
14 years of age or older was substantially more vulnerable
15 to the defendant's conduct because of age, poor health,
16 infirmity, impaired understanding, restricted mobility,
17 or disability, than other persons.
18 (4) Any other factors the court deems appropriate.
19 (d) This Section applies if: (i) a court orders a party
20 to make payments to the Attorney General and the payments are
21 to be used for the operations of the Office of the Attorney
22 General or (ii) a party agrees, in an Assurance of Voluntary
23 Compliance under this Act, to make payments to the Attorney
24 General for the operations of the Office of the Attorney
25 General.
26 (e) Moneys paid under any of the conditions described in
27 subsection (d) shall be deposited into the Attorney General
28 Court Ordered and Voluntary Compliance Payment Projects Fund,
29 which is created as a special fund in the State Treasury.
30 Moneys in the Fund shall be used, subject to appropriation,
31 for the performance of any function pertaining to the
32 exercise of the duties of the Attorney General including but
33 not limited to enforcement of any law of this State and
34 conducting public education programs; however, any moneys in
HB2813 Engrossed -4- LRB9104973DJcd
1 the Fund that are required by the court or by an agreement to
2 be used for a particular purpose shall be used for that
3 purpose.
4 (Source: P.A. 90-414, eff. 1-1-98.)
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.
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