Sen. Michael Noland
Filed: 5/14/2008
 
 

 




 

 		












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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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everything after the enacting clause with the 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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    "Alternative gas consumer" means an individual who gives or 
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promises to give money or other consideration to alternative 
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gas suppliers as defined in Section 19-105 of the Public 
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Utilities Act in exchange for natural gas.
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    "Alternative gas supplier consumer contract" means a 
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written contract between a consumer and an alternative gas 
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supplier.

 
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    Section 10. Plain language required.  Except as provided in 
 


 






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Section 15, every alternative gas supplier consumer contract 
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shall meet all of the following criteria:
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    (1) The contract shall adequately inform the consumer of 
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the rights and duties fixed by the contract.
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    (2) The contract shall be sufficiently clear and readable 
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for the ordinary reader, using, so far as is practical, words 
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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 subdivision (10) of Section 
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1-201 of the Uniform Commercial Code, but in no case with the 
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font smaller than 10 point.

 
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    Section 15. Exceptions.
 This Act does not prohibit the use 
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of the following in alternative gas suppliers consumer 
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contracts:
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    (1) Words or phrases, or forms of agreement, required by 
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State or federal law or by rule or regulation of a State or 
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federal governmental instrumentality; or
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    (2) Technical terms if (i) those terms are customarily used 
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by consumers in connection with the service or (ii) there is no 
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sufficiently clear and readable substitute for those terms.
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    Nothing in this Act shall be construed to apply to, modify, 
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or in an way limit the terms of any contract other than 
 


 






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contracts within the category specifically delineated herein.

 
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    Section 20. Violation.
 A violation of Section 10 does not 
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render an alternative gas supplier consumer contract void or 
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voidable, nor does it constitute a defense to an action or 
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proceeding for breach of the contract or to enforce the 
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contract.
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    If the Attorney General has reason to believe that a 
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business entity is using or has used an alternative gas 
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supplier consumer contract that violates Section 10 and 
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determines that an action under this subsection would be in the 
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public interest, the Attorney General may bring an action, in 
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the name of the People of the State of Illinois, against that 
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business entity to restrain the use of that alternative gas 
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consumer contract.".