Illinois - An Act concerning telecommunications:

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093_HB0252

LRB093 04376 JLS 04426 b

1 AN ACT concerning telecommunications.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Public Utilities Act is amended by

5 changing Section 5-109 as follows:

6 (220 ILCS 5/5-109) (from Ch. 111 2/3, par. 5-109)

7 Sec. 5-109. Each public utility in the State, other than

8 a commercial mobile radio service provider, shall each year

9 furnish to the Commission, in such form as the Commission

10 shall require, annual reports as to all the items mentioned

11 in the preceding Sections of this Article, and in addition

12 such other items, whether of a nature similar to those

13 therein enumerated or otherwise, as the Commission may

14 prescribe. Such annual reports shall contain all the

15 required information for the period of 12 to twelve months

16 ending on the thirtieth day of June in each year, or ending

17 on the thirty-first day of December in each year, as the

18 Commission may by order prescribe for each class of public

19 utilities, except commercial mobile radio service providers,

20 and shall be filed with the Commission at its office in

21 Springfield within 3 three months after the close of the year

22 for which the report is made. The Commission shall have

23 authority to require any public utility, other than a

24 commercial mobile radio service provider, to file monthly

25 reports of earnings and expenses of such utility, and to file

26 other periodical or special, or both periodical and special

27 reports concerning any matter about which the Commission is

28 authorized by law to keep itself informed. All reports shall

29 be under oath.

30 When any report is erroneous or defective or appears to

31 the Commission to be erroneous or defective, the Commission

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1 may notify the public utility to amend such report within 30

2 thirty days, and before or after the termination of such

3 period the Commission may examine the officers, agents, or

4 employees, and books, records, accounts, vouchers, plant,

5 equipment and property of such public utility, and correct

6 such items in the report as upon such examination the

7 Commission may find defective or erroneous.

8 All reports made to the Commission by any public utility,

9 other than a commercial mobile radio service provider, and

10 the contents thereof shall be open to public inspection,

11 unless otherwise ordered by the Commission. Such reports

12 shall be preserved in the office of the Commission.

13 Any public utility which fails to make and file any

14 report called for by the Commission within the time

15 specified; or to make specific answer to any question

16 propounded by the Commission within 30 thirty days from the

17 time it is lawfully required to do so, or within such further

18 time, not to exceed 90 ninety days, as may in its discretion

19 be allowed by the Commission, shall forfeit up to $100 for

20 each and every day it may so be in default if the utility

21 collects less than $100,000 annually in gross revenue; and if

22 the utility collects $100,000 or more annually in gross

23 revenue, it shall forfeit $100 per day for each and every day

24 it is in default.

25 Any person who wilfully makes any false return or report

26 to the Commission, or to any member, officer or employee

27 thereof, and any person who aids or abets such person shall

28 be guilty of a Class A misdemeanor.

29 (Source: P.A. 84-617.)

30 Section 10. The Telephone Solicitations Act is amended

31 by changing Section 25 as follows:

32 (815 ILCS 413/25)

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1 Sec. 25. Violations.

2 (a) It is a violation of this Act to make or cause to be

3 made telephone calls to any emergency telephone number as

4 defined in Section 5 of this Act. It is a violation of this

5 Act to make or cause to be made telephone calls in a manner

6 that does not comply with Section 15. It is a violation of

7 this Act to knowingly make or knowingly cause to be made a

8 telephone solicitation call to any cellular phone unless the

9 solicitor knows that the person receiving the call will not

10 have to pay any charges or fees for receiving the call.

11 ( It is a violation of this Act to continue with a

12 solicitation placed by a live operator without the consent of

13 the called party.

14 © It is an unlawful act or practice and a violation of

15 this Act for any person engaged in telephone solicitation to

16 obtain or submit for payment a check, draft, or other form of

17 negotiable paper drawn on a person's checking, savings, or

18 other account or on a bond without the person's express

19 written consent.

20 (d) Enforcement by customer. Any customer injured by a

21 violation of this Act may bring an action for the recovery of

22 damages. Judgment may be entered for 3 times the amount at

23 which the actual damages are assessed, plus costs and

24 reasonable attorney fees.

25 (e) Enforcement by Attorney General. Violation of any of

26 the provisions of this Act is an unlawful practice under

27 Section 2Z of the Consumer Fraud and Deceptive Business

28 Practices Act. All remedies, penalties, and authority granted

29 to the Attorney General by that Act shall be available to him

30 for the enforcement of this Act. In any action brought by the

31 Attorney General to enforce this Act, the court may order

32 that persons who incurred actual damages be awarded the

33 amount at which actual damages are assessed.

34 (Source: P.A. 91-182, eff. 1-1-00; 91-761, eff. 1-1-01.)

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1 Section 99. Effective date. This Act takes effect on

2 January 1, 2004.

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Illinois Compiled Statutes

Business Transactions

Restricted Call Registry Act

815 ILCS 402/

http://www.legis.state.il.us/legislation/ilcs/ch815/ch815act402.htm

Illinois Compiled Statutes

Business Transactions

Telephone Solicitations Act

815 ILCS 413/

http://www.legis.state.il.us/legislation/ilcs/ch815/ch815act413.htm

Illinois Compiled Statutes

Business Transactions

Pay-Per-Call Services Consumer Protection Act

815 ILCS 520/

http://www.legis.state.il.us/legislation/ilcs/ch815/ch815act520.htm