Illinois 95th Regular Session Status: To Executive

SB 2872 — ANTITRUST-ATTY GENL POWERS

Last action — Bill Dead - Amendatory Veto

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 95th Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Illinois Antitrust Act. Provides that the Attorney General may bring an action in the name of the State, as parens patriae (protector of all those unable to protect themselves) on behalf of Illinois residents, to recover damages under the Illinois Antitrust Act or any comparable federal law. Provides that these granted powers are in addition to the Attorney General's parens patriae common law powers. Provides that no documentary material, transcripts of oral testimony, or answers to interrogatories (instead of no documentary material or transcripts of oral testimony) in the Attorney General's possession are available for inspection other then by an employee of the Attorney General or law enforcement officials at the federal, State, or local levels (instead of federal or local levels) without the consent of the person who furnished those materials. Provides that all documentary materials, transcripts, or answers to interrogatories shall be treated as if produced pursuant to a subpoena.

Bill Text

What changed in the latest version

9 added · 9 removed

Plain-language change summary

The recent amendment to Bill SB 2872 involved replacing specific lines in the document. Nine lines were added while nine corresponding lines were removed, which often indicates an update or clarification in the language of the bill. These changes matter because they can help ensure that the bill's provisions are clear and effective, impacting how it may be interpreted or enforced in the future. It's essential for legislation to be precise to avoid any potential confusion about its intent or application.

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SB2872 Engrossed LRB095 19876 AJO 46275 b AN ACT concerning civil law.
SB2872 Enrolled LRB095 19876 AJO 46275 b AN ACT concerning civil law.
SB2872 Engrossed - 2 - LRB095 19876 AJO 46275 b (2) Any person who has been injured in his business or property, or is threatened with such injury, by a violation of Section 3 of this Act may maintain an action in the Circuit Court for damages, or for an injunction, or both, against any person who has committed such violation.
SB2872 Enrolled - 2 - LRB095 19876 AJO 46275 b (2) Any person who has been injured in his business or property, or is threatened with such injury, by a violation of Section 3 of this Act may maintain an action in the Circuit Court for damages, or for an injunction, or both, against any person who has committed such violation.
SB2872 Engrossed - 3 - LRB095 19876 AJO 46275 b The Attorney General may also bring an action in the name of this State, as parens patriae on behalf of persons residing in this State, to recover the damages under this subsection or any comparable federal law.
SB2872 Enrolled - 3 - LRB095 19876 AJO 46275 b The Attorney General may also bring an action in the name of this State, as parens patriae on behalf of persons residing in this State, to recover the damages under this subsection or any comparable federal law.
SB2872 Engrossed - 4 - LRB095 19876 AJO 46275 b Any action for damages under this subsection is forever barred unless commenced within 4 years after the cause of action accrued, except that, whenever any action is brought by the Attorney General for a violation of this Act, the running of the foregoing statute of limitations, with respect to every private right of action for damages under the subsection which is based in whole or in part on any matter complained of in the action by the Attorney General, shall be suspended during the pendency thereof, and for one year thereafter.
SB2872 Enrolled - 4 - LRB095 19876 AJO 46275 b Any action for damages under this subsection is forever barred unless commenced within 4 years after the cause of action accrued, except that, whenever any action is brought by the Attorney General for a violation of this Act, the running of the foregoing statute of limitations, with respect to every private right of action for damages under the subsection which is based in whole or in part on any matter complained of in the action by the Attorney General, shall be suspended during the pendency thereof, and for one year thereafter.
(4) In lieu of any criminal penalty otherwise prescribed for a violation of this Act, and in addition to any action SB2872 Engrossed - 5 - LRB095 19876 AJO 46275 b under this Act or any Federal antitrust law, the Attorney General may bring an action in the name and on behalf of the people of the State against any person, trustee, director, manager or other officer or agent of a corporation, or against a corporation, domestic or foreign, to recover a penalty not to exceed $1,000,000 from every corporation or $100,000 from every other person for any act herein declared illegal.
(4) In lieu of any criminal penalty otherwise prescribed for a violation of this Act, and in addition to any action SB2872 Enrolled - 5 - LRB095 19876 AJO 46275 b under this Act or any Federal antitrust law, the Attorney General may bring an action in the name and on behalf of the people of the State against any person, trustee, director, manager or other officer or agent of a corporation, or against a corporation, domestic or foreign, to recover a penalty not to exceed $1,000,000 from every corporation or $100,000 from every other person for any act herein declared illegal.
Whenever it appears to the Attorney General that any person has engaged in, is engaging in, or is about to engage in any act or practice prohibited by this Act, or that any person has assisted or participated in any agreement or combination of the nature described herein, he may, in his discretion, conduct an investigation as he deems necessary in connection with the matter and has the authority prior to the commencement of any civil or criminal action as provided for in the Act to subpoena witnesses, and pursuant to a subpoena (i) compel their attendance for the purpose of examining them under oath, (ii) require the production of any books, documents, records, writings or tangible things hereafter referred to as SB2872 Engrossed - 6 - LRB095 19876 AJO 46275 b "documentary material" which the Attorney General deems relevant or material to his investigation, for inspection, reproducing or copying under such terms and conditions as hereafter set forth, (iii) require written answers under oath to written interrogatories, or (iv) require compliance with a combination of the foregoing.
Whenever it appears to the Attorney General that any person has engaged in, is engaging in, or is about to engage in any act or practice prohibited by this Act, or that any person has assisted or participated in any agreement or combination of the nature described herein, he may, in his discretion, conduct an investigation as he deems necessary in connection with the matter and has the authority prior to the commencement of any civil or criminal action as provided for in the Act to subpoena witnesses, and pursuant to a subpoena (i) compel their attendance for the purpose of examining them under oath, (ii) require the production of any books, documents, records, writings or tangible things hereafter referred to as SB2872 Enrolled - 6 - LRB095 19876 AJO 46275 b "documentary material" which the Attorney General deems relevant or material to his investigation, for inspection, reproducing or copying under such terms and conditions as hereafter set forth, (iii) require written answers under oath to written interrogatories, or (iv) require compliance with a combination of the foregoing.
Said documentary material shall be made available for inspection and copying during normal business hours at the principal place of business of the person served, or at such other time and place, SB2872 Engrossed - 7 - LRB095 19876 AJO 46275 b as may be agreed upon by the person served and the Attorney General.
Said documentary material shall be made available for inspection and copying during normal business hours at the principal place of business of the person served, or at such other time and place, SB2872 Enrolled - 7 - LRB095 19876 AJO 46275 b as may be agreed upon by the person served and the Attorney General.
(A) documentary material shall be available for examination by the person who produced such material or by SB2872 Engrossed - 8 - LRB095 19876 AJO 46275 b any duly authorized representative of such person, (B) transcript of oral testimony shall be available for examination by the person who produced such testimony, or his or her counsel and (C) answers to interrogatories shall be available for examination by the person who swore to their accuracy.
(A) documentary material shall be available for examination by the person who produced such material or by SB2872 Enrolled - 8 - LRB095 19876 AJO 46275 b any duly authorized representative of such person, (B) transcript of oral testimony shall be available for examination by the person who produced such testimony, or his or her counsel and (C) answers to interrogatories shall be available for examination by the person who swore to their accuracy.
The SB2872 Engrossed - 9 - LRB095 19876 AJO 46275 b Attorney General, with such assistance as he may from time to time require of the State’s Attorneys in the several counties, shall investigate suspected violations of this subsection and shall commence and try all prosecutions under this subsection.
The SB2872 Enrolled - 9 - LRB095 19876 AJO 46275 b Attorney General, with such assistance as he may from time to time require of the State’s Attorneys in the several counties, shall investigate suspected violations of this subsection and shall commence and try all prosecutions under this subsection.
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Action History

  1. Bill Dead - Amendatory Veto

  2. Placed on Calendar Amendatory Veto September 23, 2008

  3. Governor Amendatory Veto

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Short Debate - Passed 114-000-000

  7. Placed on Calendar Order of 3rd Reading - Short Debate

  8. Second Reading - Short Debate

  9. Placed on Calendar 2nd Reading - Short Debate

  10. Do Pass / Short Debate Judiciary I - Civil Law Committee; 011-000-000

  11. Committee Deadline Extended-Rule 9(b) May 23, 2008

  12. Assigned to Judiciary I - Civil Law Committee

  13. Added Alternate Chief Co-Sponsor Rep. Lou Lang

  14. Referred to Rules Committee

  15. First Reading

  16. Chief House Sponsor Rep. John A. Fritchey

  17. Placed on Calendar Order of First Reading

  18. Arrived in House

  19. Third Reading - Passed; 053-002-000

  20. Placed on Calendar Order of 3rd Reading April 1, 2008

  21. Second Reading

  22. Placed on Calendar Order of 2nd Reading March 11, 2008

  23. Do Pass Judiciary Civil Law; 009-000-000

  24. Assigned to Judiciary Civil Law

  25. Referred to Rules

  26. First Reading

  27. Filed with Secretary by Sen. John J. Cullerton

Sponsors

  • John J. Cullerton · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • John J. Cullerton

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 114 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 102003
Democrat 8001
Republican 4000
Total 114004
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Hamos — Yea
Myers — Yea
Holbrook — Yea
Jefferies — Yea
Jefferson — Yea
Krause — Yea
Leitch — Yea
Mathias — Yea
McAuliffe — Yea
McCarthy — Yea
Mendoza — Yea
Schock — Yea
Reitz — Yea
Scully — Yea
Lyons — Yea
McGuire — Yea
Bradley, John — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Durkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Bradley, Richard — Yea
Madigan — Yea
Brady — Yea
Mitchell, Bill — Yea
Meyer — Yea
Moffitt — Yea
Mitchell, Jerry — Yea
Mulligan — Yea
Munson — Yea
Nekritz — Yea
Burke — Yea
Sullivan — Yea
Patterson — Yea
Hannig — Yea
Phelps — Yea
Harris — Yea
Poe — Yea
Sommer — Yea
Hernandez — Yea
Soto — Yea
Tryon — Yea
Turner — Yea
Verschoore — Yea
Howard — Yea
Wait — Yea
Washington — Yea
Yarbrough — Yea
Younge — Yea
Davis, Monique — Yea
Watson — Not Voting
Coladipietro — Yea
Cole — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Froehlich — Yea
Golar — Yea
Gordon — Yea
Graham — Yea
Granberg — Yea
Hassert — Yea
Jakobsson — Yea
Kosel — Yea
Osmond — Yea
Osterman — Not Voting
Pihos — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Winters — Yea
Lang — Yea
Lindner — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Not Voting
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Colvin — Yea
Coulson — Yea
Molaro — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Not Voting
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 53 Yea · 2 Nay · 4 Other
Party YeaNayPresentNot Voting
Democrat 9000
Unaffiliated 43204
Republican 1000
Total 53204
% of votes cast 90%3%0%7%
How each member voted (59)
Member Party Vote
Kotowski — Yea
Link — Yea
Luechtefeld — Yea
Meeks — Yea
Millner — Yea
Noland — Yea
Brady — Yea
Radogno — Yea
Schoenberg — Yea
Sullivan — Yea
Munoz — Yea
Silverstein — Not Voting
Steans — Yea
Trotter — Yea
Cullerton — Yea
Watson — Yea
Jones, J. — Yea
Viverito — Not Voting
Demuzio — Yea
Jacobs — Nay
Wilhelmi — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Nay
DeLeo — Yea
Dillard — Yea
Forby — Yea
Frerichs — Yea
Haine — Yea
Halvorson — Yea
Hendon — Not Voting
Hultgren — Yea
Pankau — Yea
Peterson — Not Voting
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Yea
Lauzen — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Garrett — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

finance civil-rights labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 2872 do?
Amends the Illinois Antitrust Act. Provides that the Attorney General may bring an action in the name of the State, as parens patriae (protector of all those unable to protect themselves) on behalf of Illinois residents, to recover damages under the Illinois Antitrust Act or any comparable federal law. Provides that these granted powers are in addition to the Attorney General's parens patriae common law powers. Provides that no documentary material, transcripts of oral testimony, or answers to interrogatories (instead of no documentary material or transcripts of oral testimony) in the Attorney General's possession are available for inspection other then by an employee of the Attorney General or law enforcement officials at the federal, State, or local levels (instead of federal or local levels) without the consent of the person who furnished those materials. Provides that all documentary materials, transcripts, or answers to interrogatories shall be treated as if produced pursuant to a subpoena.
Who sponsors SB 2872?
SB 2872 is sponsored by John J. Cullerton.
What is the current status of SB 2872?
This bill died with 95th Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 2872?
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