Full Text of SB1029 95th General Assembly
SB1029sam005 95TH GENERAL ASSEMBLY
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Sen. Michael Noland
Filed: 5/19/2008
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LRB095 05914 DRJ 51130 a |
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| AMENDMENT TO SENATE BILL 1029
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| AMENDMENT NO. ______. Amend Senate Bill 1029 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Consumer Contract Plain Language Act. | 6 |
| Section 5. Definitions. As used in this Act, unless the | 7 |
| context clearly requires otherwise: | 8 |
| "Alternative gas consumer" means an individual who gives or | 9 |
| promises to give money or other consideration to alternative | 10 |
| gas suppliers as defined in Section 19-105 of the Public | 11 |
| Utilities Act in exchange for natural gas. | 12 |
| "Alternative gas supplier consumer contract" means a | 13 |
| written contract between a consumer and an alternative gas | 14 |
| 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 | 2 |
| with a residential customer or small commercial customer shall | 3 |
| meet all of the following criteria: | 4 |
| (1) The contract shall adequately inform the consumer of | 5 |
| the rights and duties fixed by the contract. | 6 |
| (2) The contract shall be sufficiently clear and readable | 7 |
| for the ordinary reader, using, so far as is practical, words | 8 |
| with common, everyday meanings. For purposes of this | 9 |
| subdivision (2), a contract is sufficiently clear and readable | 10 |
| if it adheres to all the standards set forth in Section 1-201 | 11 |
| of the Uniform Commercial Code, as enacted in Illinois, and | 12 |
| Section 2P of the Consumer Fraud and Deceptive Business | 13 |
| Practices Act. | 14 |
| (3) The contract shall be printed in a clear and | 15 |
| conspicuous manner. For purposes of this subdivision (3), | 16 |
| "conspicuous" has the meaning ascribed to that term in | 17 |
| subdivision (10) of Section 1-201 of the Uniform Commercial | 18 |
| Code, as enacted in Illinois, but in no case with the font | 19 |
| smaller than 10 point.
Contracts governed by this Act shall | 20 |
| adhere to the clear and conspicuous standard provided in | 21 |
| Section 2P of the Consumer Fraud and Deceptive Business | 22 |
| Practices Act. | 23 |
| Section 15. Exceptions.
This Act does not prohibit the use | 24 |
| of the following in alternative gas suppliers consumer | 25 |
| contracts: |
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| (1) Words or phrases, or forms of agreement, required by | 2 |
| State or federal law or by rule or regulation of a State or | 3 |
| federal governmental instrumentality; or | 4 |
| (2) Technical terms if (i) those terms are customarily used | 5 |
| by consumers in connection with the service or (ii) there is no | 6 |
| sufficiently clear and readable substitute for those terms. | 7 |
| Nothing in this Act shall be construed to apply to, modify, | 8 |
| or in an way limit the terms of any contract other than | 9 |
| contracts within the category specifically delineated herein.
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| Section 20. Violation.
If the Attorney General has reason | 11 |
| to believe that a business entity is using or has used an | 12 |
| alternative gas supplier consumer contract that violates | 13 |
| Section 10 and determines that an action under this subsection | 14 |
| would be in the public interest, the Attorney General may bring | 15 |
| an action, in the name of the People of the State of Illinois, | 16 |
| against that business entity to restrain the use of that | 17 |
| alternative gas consumer contract. | 18 |
| A violation of this Act constitutes an unlawful practice | 19 |
| under the Consumer Fraud and Deceptive Business Practices Act.
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| Section 90. The Consumer Fraud and Deceptive Business | 21 |
| Practices Act is amended by changing Section 2Z as follows:
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| (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
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| (Text of Section after amendment by P.A. 95-562 ) |
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| Sec. 2Z. Violations of other Acts. Any person who knowingly | 2 |
| violates
the Automotive Repair Act, the Automotive Collision | 3 |
| Repair Act,
the Home Repair and Remodeling Act,
the Dance | 4 |
| Studio Act,
the Physical Fitness Services Act,
the Hearing | 5 |
| Instrument Consumer Protection Act,
the Illinois Union Label | 6 |
| Act,
the Job Referral and Job Listing Services Consumer | 7 |
| Protection Act,
the Travel Promotion Consumer Protection Act,
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| the Credit Services Organizations Act,
the Automatic Telephone | 9 |
| Dialers Act,
the Pay-Per-Call Services Consumer Protection | 10 |
| Act,
the Telephone Solicitations Act,
the Illinois Funeral or | 11 |
| Burial Funds Act,
the Cemetery Care Act,
the Safe and Hygienic | 12 |
| Bed Act,
the Pre-Need Cemetery Sales Act,
the High Risk Home | 13 |
| Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud | 14 |
| Act, subsection (a) or (b) of Section 3-10 of the
Cigarette Tax | 15 |
| Act, the Payday Loan Reform Act, subsection
(a) or (b) of | 16 |
| Section 3-10 of the Cigarette Use Tax Act, the Electronic
Mail | 17 |
| Act, the Internet Caller Identification Act, paragraph (6)
of
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| subsection (k) of Section 6-305 of the Illinois Vehicle Code, | 19 |
| Section 18d-115, 18d-120, 18d-125, 18d-135, or 18d-150 of the | 20 |
| Illinois Vehicle Code, Article 3 of the Residential Real | 21 |
| Property Disclosure Act, the Automatic Contract Renewal Act, | 22 |
| the Consumer Contract Plain Language Act, or the Personal | 23 |
| Information Protection Act commits an unlawful practice within | 24 |
| the meaning of this Act.
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| (Source: P.A. 94-13, eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, | 26 |
| eff. 1-1-06; 94-292, eff. 1-1-06; 94-822, eff. 1-1-07; 95-413, |
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| eff. 1-1-08; 95-562, eff. 7-1-08; revised 10-17-07.)".
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