Bill Status of HB 4450   93rd General Assembly

Short Description:  BUS TRANS-CONTRACT RENEWAL

House Sponsors
Rep. Robin Kelly-Monique D. Davis, Brandon W. Phelps, Careen Gordon, William Delgado, Lovana Jones, Robert F. Flider, William J. Grunloh, Lisa M. Dugan, Naomi D. Jakobsson, Mike Boland, Elaine Nekritz, John E. Bradley and Sandra M. Pihos

Senate Sponsors
(Sen. James F. Clayborne, Jr.-Debbie DeFrancesco Halvorson)


Last Action  View All Actions

DateChamber Action
  8/19/2004HousePublic Act . . . . . . . . . 93-0950

Statutes Amended In Order of Appearance
815 ILCS 601/10

Synopsis As Introduced
Amends the Automatic Contract Renewal Act. Changes language to provide that any person, firm, partnership, association, or corporation that sells or offers to sell any products or services for a specified period of time pursuant to a written contract that contains a provision for automatic renewal must provide the recipient of the products or services with clear and conspicuous written notice that the recipient may cancel the contract and the procedures for cancellation. Provides that notice must be given at least 30 days prior to the end of the specified period of time. Provides that if the contract is less than 30 days in duration, the contract must contain a clear and conspicuous written notice of the right to cancel the contract and the procedures for cancellation. Provides that if notice is not given to the recipient any products or services will be deemed an unconditional gift.

House Amendment No. 1
Adds reference to:
815 ILCS 505/2Z
815 ILCS 601/15

Deletes everything after the enacting clause. Inserts provisions substantially similar to those of HB 4450, except: (1) provides that an automatic renewal provision must be disclosed clearly and conspicuously in the contract, including the cancellation procedure; (2) provides that the recipient of the products or services must receive a clear and conspicuous written notice of his or her right to cancel the contract no more than 60 days prior to the end of the specified period of time; (3) provides that any person, firm, partnership, association, or corporation that automatically withdraws or charges a consumer's account for any product or service for a specified period of time shall obtain the consumer's written authorization to continue any automatic withdrawal or charge beyond the specified period; and (4) provides in the Act and the Consumer Fraud and Deceptive Business Practices Act any violation of the Act constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.

House Amendment No. 2
Adds reference to:
815 ILCS 601/20

Deletes everything after the enacting clause. Provides that any person, firm, partnership, association, or corporation that sells or offers to sell any products or services on a contract basis to a consumer for services and goods intended for personal use and consumption and automatically withdraws or charges a consumer's account for a specified term longer than 12 months shall obtain the consumer's written authorization to continue any automatic withdrawal or charge if the contract automatically renews for a term equal to or longer than the original term. Provides that the Act does not apply to banks, trust companies, savings and loan associations, savings banks, credit unions, or foreign banks licensed or organized under the laws of any state or the United States.

Senate Floor Amendment No. 1
Deletes everything after the enacting clause. Inserts provisions substantially similar to the engrossed bill, except provides that any person, firm, partnership, association, or corporation that sells or offers to sell any products or services to a consumer pursuant to a contract, shall: (1) disclose the automatic renewal clause clearly and conspicuously in the contract; (2) notify the consumer in writing of the automatic renewal where such contract term is a specified term of 12 months or more, and where such contract automatically renews for a specified term of more than one month unless the consumer cancels the contract; and (3) provide written notice to the consumer no less than 30 days and no more than 60 days before the cancellation deadline. Deletes language providing that if a contract does not comply with the Act, the automatic renewal provisions are not enforceable by a party who prepared the contract or directed its preparation. Provides that the Automatic Contract Renewal Act does not apply to: (1) business-to-business contracts; (2) banks, trust companies, savings and loan associations, savings banks, or credit unions licensed or organized under the laws of any state or the United States, any foreign bank maintaining a branch or agency licensed or organized under the laws of any state or the United States; or (3) a contract that is extended beyond the original term of the contract as the result of the consumer's initiation of a change in the original contract terms.

Senate Floor Amendment No. 2
Provides that the Act does not apply to any foreign bank maintaining a branch or agency licensed or organized under the laws of any state of the United States, or any subsidiary or affiliate thereof.

Actions 
DateChamber Action
  2/3/2004HouseFiled with the Clerk by Rep. Robin Kelly
  2/3/2004HouseFirst Reading
  2/3/2004HouseReferred to Rules Committee
  2/18/2004HouseAssigned to Consumer Protection Committee
  3/3/2004HouseHouse Amendment No. 1 Filed with Clerk by Consumer Protection Committee
  3/3/2004HouseHouse Amendment No. 1 Adopted in Consumer Protection Committee; by Voice Vote
  3/3/2004HouseDo Pass as Amended / Short Debate Consumer Protection Committee; 011-000-000
  3/3/2004HousePlaced on Calendar 2nd Reading - Short Debate
  3/4/2004HouseAdded Chief Co-Sponsor Rep. Monique D. Davis
  3/23/2004HouseAdded Co-Sponsor Rep. Brandon W. Phelps
  3/23/2004HouseHouse Amendment No. 2 Filed with Clerk by Rep. Robin Kelly
  3/23/2004HouseHouse Amendment No. 2 Referred to Rules Committee
  3/24/2004HouseAdded Co-Sponsor Rep. Careen Gordon
  3/24/2004HouseAdded Co-Sponsor Rep. William Delgado
  3/24/2004HouseAdded Co-Sponsor Rep. Lovana Jones
  3/24/2004HouseAdded Co-Sponsor Rep. Robert F. Flider
  3/24/2004HouseAdded Co-Sponsor Rep. William J. Grunloh
  3/24/2004HouseAdded Co-Sponsor Rep. Lisa M. Dugan
  3/25/2004HouseHouse Amendment No. 2 Rules Refers to Consumer Protection Committee
  3/26/2004HouseHouse Amendment No. 2 Recommends Be Adopted Consumer Protection Committee; by Voice Vote
  3/26/2004HouseSecond Reading - Short Debate
  3/26/2004HouseHouse Amendment No. 2 Adopted by Voice Vote
  3/26/2004HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/26/2004HouseAdded Co-Sponsor Rep. Naomi D. Jakobsson
  3/26/2004HouseAdded Co-Sponsor Rep. Mike Boland
  3/30/2004HouseAdded Co-Sponsor Rep. Elaine Nekritz
  3/30/2004HouseThird Reading - Short Debate - Passed 116-000-000
  3/30/2004HouseAdded Co-Sponsor Rep. John E. Bradley
  3/30/2004HouseAdded Co-Sponsor Rep. Sandra M. Pihos
  3/31/2004SenateArrive in Senate
  3/31/2004SenatePlaced on Calendar Order of First Reading April 1, 2004
  4/2/2004SenateChief Senate Sponsor Sen. James F. Clayborne, Jr.
  4/6/2004SenateFirst Reading
  4/6/2004SenateReferred to Rules
  4/7/2004SenateAdded as Alternate Chief Co-Sponsor Sen. Debbie DeFrancesco Halvorson
  4/15/2004SenateAssigned to Labor & Commerce
  4/29/2004SenateDo Pass Labor & Commerce; 009-000-000
  4/29/2004SenatePlaced on Calendar Order of 2nd Reading May 4, 2004
  5/10/2004SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. James F. Clayborne, Jr.
  5/10/2004SenateSenate Floor Amendment No. 1 Referred to Rules
  5/11/2004SenateSenate Floor Amendment No. 1 Rules Refers to Labor & Commerce
  5/11/2004SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. James F. Clayborne, Jr.
  5/11/2004SenateSenate Floor Amendment No. 2 Referred to Rules
  5/12/2004SenateSenate Floor Amendment No. 1 Be Adopted Labor & Commerce; 008-000-000
  5/12/2004SenateSecond Reading
  5/12/2004SenateSenate Floor Amendment No. 1 Adopted; Clayborne
  5/12/2004SenatePlaced on Calendar Order of 3rd Reading May 13, 2004
  5/12/2004SenateSenate Floor Amendment No. 2 Be Approved for Consideration Rules
  5/13/2004SenateRecalled to Second Reading
  5/13/2004SenateSenate Floor Amendment No. 2 Adopted; Claryborne
  5/13/2004SenatePlaced on Calendar Order of 3rd Reading
  5/13/2004SenateThird Reading - Passed; 057-000-000
  5/14/2004HouseArrived in House
  5/14/2004HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 2
  5/18/2004HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Robin Kelly
  5/18/2004HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Robin Kelly
  5/18/2004HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/18/2004HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/19/2004HouseSenate Floor Amendment No. 1 Motion to Concur Rules Referred to Consumer Protection Committee
  5/19/2004HouseSenate Floor Amendment No. 2 Motion to Concur Rules Referred to Consumer Protection Committee
  5/20/2004HouseSenate Floor Amendment No. 1 Motion to Concur Recommends be Adopted Consumer Protection Committee; 010-000-000
  5/20/2004HouseSenate Floor Amendment No. 2 Motion to Concur Recommends be Adopted Consumer Protection Committee; 010-000-000
  5/25/2004HouseSenate Floor Amendment No. 1 House Concurs 114-000-000
  5/25/2004HouseSenate Floor Amendment No. 2 House Concurs 114-000-000
  5/25/2004HousePassed Both Houses
  6/23/2004HouseSent to the Governor
  8/19/2004HouseGovernor Approved
  8/19/2004HouseEffective Date January 1, 2005
  8/19/2004HousePublic Act . . . . . . . . . 93-0950

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