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91_HB2813eng HB2813 Engrossed LRB9104973DJcd 1 AN ACT concerning consumer fraud, amending named Acts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The State Finance Act is amended by changing 5 Section 5.467 as follows: 6 (30 ILCS 105/5.467) 7 Sec. 5.467. The Elderly and Disabled Victim Fund. 8 (Source: P.A. 90-414, eff. 1-1-98; 90-655, eff. 7-30-98.) 9 Section 10. The Consumer Fraud and Deceptive Business 10 Practices Act is amended by changing Section 7 as follows: 11 (815 ILCS 505/7) (from Ch. 121 1/2, par. 267) 12 Sec. 7. Injunctive relief; restitution; and civil 13 penalties. 14 (a) Whenever the Attorney General or a State's Attorney 15 has reason to believe that any person is using, has used, or 16 is about to use any method, act or practice declared by this 17 Act to be unlawful, and that proceedings would be in the 18 public interest, he or she may bring an action in the name of 19 the People of the State against such person to restrain by 20 preliminary or permanent injunction the use of such method, 21 act or practice. The Court, in its discretion, may exercise 22 all powers necessary, including but not limited to: 23 injunction; revocation, forfeiture or suspension of any 24 license, charter, franchise, certificate or other evidence of 25 authority of any person to do business in this State; 26 appointment of a receiver; dissolution of domestic 27 corporations or association suspension or termination of the 28 right of foreign corporations or associations to do business 29 in this State; and restitution. HB2813 Engrossed -2- LRB9104973DJcd 1 (b) In addition to the remedies provided herein, the 2 Attorney General or State's Attorney may request and the 3 Court may impose a civil penalty in a sum not to exceed 4 $50,000 against any person found by the Court to have engaged 5 in any method, act or practice declared unlawful under this 6 Act. In the event the court finds the method, act or 7 practice to have been entered into with the intent to 8 defraud, the court has the authority to impose a civil 9 penalty in a sum not to exceed $50,000 per violation. 10 (c) In addition to any other civil penalty provided in 11 this Section, if a person is found by the court to have 12 engaged in any method, act, or practice declared unlawful 13 under this Act, and the violation was committed against a 14 person 65 years of age or older or against a disabled person 15 as defined in the Probate Act of 1975, the court may impose 16 an additional civil penalty not to exceed $15,000$10,000for 17 each violation. 18 A civil penalty imposed under this subsection (c) shall 19 be paid to the State Treasurer, who shall deposit the money 20 in the State treasury in a special fund designated the 21 Elderly and Disabled Victim Fund. Fifty percent of all 22 moneys deposited in the Fund shall be appropriated to the 23 Attorney General for the investigation and prosecution of 24 frauds against persons 65 years of age or older or disabled 25 as defined in Probate Act of 1975 and 50% of all moneys in 26 the Fund shall be appropriated to the Attorney General to 27 develop and implement State-wide education initiatives to 28 inform persons 65 years of age or older, disabled persons, 29 law enforcement agencies, the judicial system, social service 30 professionals, and the general public about prevention of 31 consumer crimes against persons 65 years of age or older and 32 disabled persons, and about the provisions of this Section, 33 the penalties for violations of this Section, and the 34 remedies available for victims of those violations. HB2813 Engrossed -3- LRB9104973DJcd 1 An award of restitution under subsection (a) has priority 2 over a civil penalty imposed by the court under this 3 subsection. 4 In determining whether to impose a civil penalty under 5 this subsection and the amount of any penalty, the court 6 shall consider the following: 7 (1) Whether the defendant's conduct was in willful 8 disregard of the rights of the disabled person or the 9 person 65 years of age or older. 10 (2) Whether the defendant knew or should have known 11 that the defendant's conduct was directed to a disabled 12 person or a person 65 years of age or older. 13 (3) Whether the disabled person or the person 65 14 years of age or older was substantially more vulnerable 15 to the defendant's conduct because of age, poor health, 16 infirmity, impaired understanding, restricted mobility, 17 or disability, than other persons. 18 (4) Any other factors the court deems appropriate. 19 (d) This Section applies if: (i) a court orders a party 20 to make payments to the Attorney General and the payments are 21 to be used for the operations of the Office of the Attorney 22 General or (ii) a party agrees, in an Assurance of Voluntary 23 Compliance under this Act, to make payments to the Attorney 24 General for the operations of the Office of the Attorney 25 General. 26 (e) Moneys paid under any of the conditions described in 27 subsection (d) shall be deposited into the Attorney General 28 Court Ordered and Voluntary Compliance Payment Projects Fund, 29 which is created as a special fund in the State Treasury. 30 Moneys in the Fund shall be used, subject to appropriation, 31 for the performance of any function pertaining to the 32 exercise of the duties of the Attorney General including but 33 not limited to enforcement of any law of this State and 34 conducting public education programs; however, any moneys in HB2813 Engrossed -4- LRB9104973DJcd 1 the Fund that are required by the court or by an agreement to 2 be used for a particular purpose shall be used for that 3 purpose. 4 (Source: P.A. 90-414, eff. 1-1-98.) 5 Section 99. Effective date. This Act takes effect upon 6 becoming law.