Illinois General Assembly - Full Text of HB0252
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Full Text of HB0252  93rd General Assembly

HB0252 93rd General Assembly


093_HB0252

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 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.