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Sen. Michael Noland
Filed: 5/13/2008
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LRB095 05914 AJO 49609 a |
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| AMENDMENT TO SENATE BILL 1029
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| AMENDMENT NO. ______. Amend Senate Bill 1029 by replacing |
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| the title with the following:
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| "AN ACT concerning consumer contracts."; and
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| by replacing everything after the enacting clause with the |
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| following:
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| "Section 1. Short title. This Act may be cited as the |
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| Consumer Contract
Plain Language Act.
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| Section 5. Definitions. As used in this Act, unless the |
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| context clearly
requires otherwise:
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| "Consumer" means an individual who, primarily for |
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| personal, family, or
household purposes, either: (i) gives or |
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| promises to give money or other
consideration
in exchange for |
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| an interest in services or real or personal property, including
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| money, or (ii) leases residential premises for a term not |
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LRB095 05914 AJO 49609 a |
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| exceeding 3 years.
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| "Consumer contract" means a written contract with a |
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| consumer in which the
price, excluding interest or finance |
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| charges, is $100,000 or less.
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| Section 10. Plain language required. Except as provided in |
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| Section 15,
every consumer contract made with an alternative |
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| gas supplier after the effective date of this Act shall meet
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| all of the following criteria:
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| (1) The contract shall adequately inform the consumer |
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| of the rights and
duties fixed by the contract.
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| (2) The contract shall be sufficiently clear and |
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| readable for the ordinary
reader, using, so far as is |
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| practical, words with common, everyday meanings.
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| (3) The contract shall be appropriately divided into |
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| sections and
paragraphs, and the sections shall contain |
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| captions.
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| (4) The contract shall be printed in a clear and |
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| conspicuous manner, as defined in the Uniform Commercial |
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| Code.
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| Section 15. Exceptions. |
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| (a) This Act does not prohibit the use of the following
in |
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| consumer contracts with alternative gas suppliers:
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| (1) Words or phrases, or forms of agreement, required |
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| by State or federal
law or by rule or regulation of a State |
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LRB095 05914 AJO 49609 a |
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| or federal governmental
instrumentality.
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| (2) Technical terms used to describe a service or |
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| property that is the
subject of the contract if (i) those |
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| terms are customarily used by consumers
in connection with |
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| the service or property or (ii) there is no sufficiently
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| clear and readable substitute for those terms.
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| (b) Notwithstanding any other law, rule, or regulation, no |
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| retail store is exempt from any applicable requirement of the |
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| Act.
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| Section 20. Violation.
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| (a) A violation of Section 10 does not render a consumer |
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| contract with an alternative gas supplier void or
voidable, nor |
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| does it constitute a defense to an action or proceeding for
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| breach of the contract or to enforce the contract.
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| (b) If the Attorney General has reason to believe that a |
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| business entity is
using or has used a consumer contract that |
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| violates Section 10 and determines
that an action under this |
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| subsection would be in the public interest, the
Attorney |
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| General may bring an action, in the name of the People of the |
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| State of
Illinois, against that business entity to restrain the |
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| use of that consumer
contract.".
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