FOIA-CONSUMER FRAUD EXEMPTION
Arizona law prohibits utilities from employing former Corporation Commission commissioners for two years, curbing the revolving door.
Arizona law prohibits utilities from employing former Corporation Commission commissioners for two years, curbing the revolving door.
Note: The materials provided mix two different HB 2518 measures from different states. Below are concise, separate summaries for each so readers can distinguish their contents and effects.
Status: Introduced (Rep. Tracy Katz Muhl). Introduced 02/04/2025 (filed 02/03/2025).
Purpose and intent
- To add a statutory FOIA exemption protecting information and documentary materials obtained by the Attorney General or a State's Attorney in investigations under the Consumer Fraud and Deceptive Business Practices Act, and to strengthen investigative powers under that Act.
Key provisions
- Amends the Freedom of Information Act (5 ILCS 140/7.5) to exempt from public inspection "information and documentary materials obtained by the Office of the Attorney General or a State's Attorney" under certain Consumer Fraud Act provisions.
- Amends the Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/) by:
- Adding a power for the Attorney General to require written answers, under oath, to written interrogatories.
- Making certain investigation materials unavailable for public examination except by authorized AG employees and authorized law enforcement personnel — disclosure otherwise requires consent of the person who produced the materials.
- Allowing the Attorney General discretion to use materials obtained in investigations for law enforcement purposes (e.g., witness interviews, pleadings, court proceedings).
Who is affected
- Businesses and individuals subject to Consumer Fraud Act investigations — their submitted materials may be protected from FOIA disclosure.
- Attorney General and State’s Attorney offices — gain additional investigatory tools and confidentiality protections.
- Journalists, consumer advocates, and public FOIA requesters — will have more limited access to investigative records.
- Law enforcement and courts — retain access for enforcement and prosecution purposes.
Potential impact
- Increases confidentiality around consumer-fraud investigations to protect sensitive commercial information and investigative integrity.
- Reduces public access to investigative records, potentially limiting external oversight and reporting on enforcement activity.
- Raises considerations about balancing transparency with effective investigations.
Procedural note
- At time of this packet the bill is at early legislative stages (introduced and referred to committee). Sponsors and bill numbers reference 5 ILCS 140/7.5 and additions to 815 ILCS 505 (including a new 505/4.1).
Status: Enacted as Chapter 134; Approved by Governor May 6, 2025; Effective Sept 1, 2025.
Purpose and intent
- To limit the so-called “revolving door” between the Arizona Corporation Commission and regulated utilities.
Key provision (final enacted text)
- Adds A.R.S. § 40-104: Any public service corporation or public power entity regulated by the Corporation Commission may not employ or enter into an independent contractor agreement with an individual who served as a commissioner in the preceding two calendar years.
Who is affected
- Regulated public service corporations and public power entities (utilities).
- Former commissioners of the Arizona Corporation Commission (two‑year cooling-off restriction).
Procedural/timeline
- Enacted and filed with the Secretary of State May 6, 2025; effective date September 1, 2025.
If you want, I can prepare a side‑by‑side comparison of the two HB 2518 texts, or draft talking points on transparency vs. investigative confidentiality implications for the Illinois measure.
Compiled from official sources — confirm details with the bill’s official record.
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