Public Act 90-0414 of the 90th General Assembly

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90th General Assembly

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Public Act 90-0414

SB599 Enrolled                                 LRB9002834RCks

    AN ACT in relation to consumer fraud.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  State  Finance Act is amended by adding
Sections 5.449 and 5.450 as follows:

    (30 ILCS 105/5.449 new)
    Sec. 5.449.  The Elderly Victim Fund.

    (30 ILCS 105/5.450 new)
    Sec.  5.450.  The  Attorney  General  Court  Ordered  and
Voluntary Compliance Payment Projects Fund.

    Section 10.  The Consumer Fraud  and  Deceptive  Business
Practices Act is amended by changing Section 7 as follows:

    (815 ILCS 505/7) (from Ch. 121 1/2, par. 267)
    Sec.   7.  Injunctive   relief;  restitution;  and  civil
penalties.
    (a)  Whenever the Attorney General or a State's  Attorney
has  reason to believe that any person is using, has used, or
is about to use any method, act or practice declared by  this
Act  to  be  unlawful,  and  that proceedings would be in the
public interest, he or she may bring an action in the name of
the People of the State against such person  to  restrain  by
preliminary  or  permanent injunction the use of such method,
act or practice.  The Court, in its discretion, may  exercise
all   powers   necessary,   including  but  not  limited  to:
injunction;  revocation,  forfeiture  or  suspension  of  any
license, charter, franchise, certificate or other evidence of
authority of  any  person  to  do  business  in  this  State;
appointment   of   a   receiver;   dissolution   of  domestic
corporations or association suspension or termination of  the
right  of foreign corporations or associations to do business
in this State; and restitution.
    (b)  In addition to the  remedies  provided  herein,  the
Attorney  General  or  State's  Attorney  may request and the
Court may impose a civil penalty  in  a  sum  not  to  exceed
$50,000 against any person found by the Court to have engaged
in  any  method, act or practice declared unlawful under this
Act.  In the  event  the  court  finds  the  method,  act  or
practice  to  have  been  entered  into  with  the  intent to
defraud, the court  has  the  authority  to  impose  a  civil
penalty in a sum not to exceed $50,000 per violation.
    (c)  In  addition  to any other civil penalty provided in
this Section, if a person is  found  by  the  court  to  have
engaged  in  any  method,  act, or practice declared unlawful
under this Act, and the violation  was  committed  against  a
person  65  years  of  age  or older, the court may impose an
additional civil penalty  not  to  exceed  $10,000  for  each
violation.
    A  civil  penalty imposed under this subsection (c) shall
be paid to the State treasurer who shall deposit the money in
the State treasury in a special fund designated  the  Elderly
Victim  Fund.   Fifty  percent of all moneys deposited in the
Fund shall be appropriated to the Attorney  General  for  the
investigation  and  prosecution  of frauds against persons 65
years of age or older and 50% of all moneys in the Fund shall
be appropriated  to  the  Attorney  General  to  develop  and
implement  State-wide education initiatives to inform persons
65 years of age  or  older,  law  enforcement  agencies,  the
judicial   system,  social  service  professionals,  and  the
general public about prevention of  consumer  crimes  against
persons 65 years of age or older, and about the provisions of
this  Section,  the penalties for violations of this Section,
and the remedies available for victims of those violations.
    An award of restitution under subsection (a) has priority
over  a  civil  penalty  imposed  by  the  court  under  this
subsection.
    In determining whether to impose a  civil  penalty  under
this  subsection  and  the  amount  of any penalty, the court
shall consider the following:
         (1)  Whether the defendant's conduct was in  willful
    disregard  of the rights of the person 65 years of age or
    older.
         (2)  Whether the defendant knew or should have known
    that the defendant's conduct was directed to a person  65
    years of age or older.
         (3)  Whether the person 65 years of age or older was
    substantially  more vulnerable to the defendant's conduct
    because  of  age,  poor   health,   infirmity,   impaired
    understanding,  restricted  mobility, or disability, than
    other persons.
         (4)  Any other factors the court deems appropriate.
    (d)  This Section applies if: (i) a court orders a  party
to make payments to the Attorney General and the payments are
to  be  used for the operations of the Office of the Attorney
General or (ii) a party agrees, in an Assurance of  Voluntary
Compliance  under  this Act, to make payments to the Attorney
General for the operations of  the  Office  of  the  Attorney
General.
    (e)  Moneys paid under any of the conditions described in
subsection  (d)  shall be deposited into the Attorney General
Court Ordered and Voluntary Compliance Payment Projects Fund,
which is created as a special fund  in  the  State  Treasury.
Moneys  in  the Fund shall be used, subject to appropriation,
for  the  performance  of  any  function  pertaining  to  the
exercise of the duties of the Attorney General including  but
not  limited  to  enforcement  of  any  law of this State and
conducting public education programs; however, any moneys  in
the Fund that are required by the court or by an agreement to
be  used  for  a  particular  purpose  shall be used for that
purpose.
(Source: P.A. 85-1209.)

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