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 (b) 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 (c) 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.