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90_HB1146 740 ILCS 10/5 from Ch. 38, par. 60-5 Amends the Illinois Antitrust Act to remove the exemption under that Act for telecommunications carriers. Effective immediately. LRB9005057JSgc LRB9005057JSgc 1 AN ACT to amend the Illinois Antitrust Act by changing 2 Section 5. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Antitrust Act is amended by 6 changing Section 5 as follows: 7 (740 ILCS 10/5) (from Ch. 38, par. 60-5) 8 Sec. 5. No provisions of this Act shall be construed to 9 make illegal: 10 (1) the activities of any labor organization or of 11 individual members thereof which are directed solely to labor 12 objectives which are legitimate under the laws of either the 13 State of Illinois or the United States; 14 (2) the activities of any agricultural or horticultural 15 cooperative organization, whether incorporated or 16 unincorporated, or of individual members thereof, which are 17 directed solely to objectives of such cooperative 18 organizations which are legitimate under the laws of either 19 the State of Illinois or the United States; 20 (3) the activities of any public utility
or21 telecommunications carrier, as defined in Section Sections22 3-105 and 13-202of the Public Utilities Act ,to the extent 23 that such activities are subject to the jurisdiction of the 24 Illinois Commerce Commission , or to the activities of25 telephone mutual concerns referred to in Section 13-202 of26 the Public Utilities Act to the extent such activities relate27 to the providing and maintenance of telephone service to28 owners and customers; 29 (4) the activities (including, but not limited to, the 30 making of or participating in joint underwriting or joint 31 reinsurance arrangement) of any insurer, insurance agent, -2- LRB9005057JSgc 1 insurance broker, independent insurance adjuster or rating 2 organization to the extent that such activities are subject 3 to regulation by the Director of Insurance of this State 4 under, or are permitted or are authorized by, the Insurance 5 Code or any other law of this State; 6 (5) the religious and charitable activities of any 7 not-for-profit corporation, trust or organization established 8 exclusively for religious or charitable purposes, or for both 9 purposes; 10 (6) the activities of any not-for-profit corporation 11 organized to provide telephone service on a mutual or12 co-operative basis orelectrification on a co-operative 13 basis, to the extent such activities relate to the marketing 14 and distribution of telephone orelectrical service to owners 15 and customers; 16 (7) the activities engaged in by securities dealers who 17 are (i) licensed by the State of Illinois or (ii) members of 18 the National Association of Securities Dealers or (iii) 19 members of any National Securities Exchange registered with 20 the Securities and Exchange Commission under the Securities 21 Exchange Act of 1934, as amended, in the course of their 22 business of offering, selling, buying and selling, or 23 otherwise trading in or underwriting securities, as agent, 24 broker, or principal, and activities of any National 25 Securities Exchange so registered, including the 26 establishment of commission rates and schedules of charges; 27 (8) the activities of any board of trade designated as a 28 "contract market" by the Secretary of Agriculture of the 29 United States pursuant to Section 5 of the Commodity Exchange 30 Act, as amended; 31 (9) the activities of any motor carrier, rail carrier, 32 or common carrier by pipeline, as defined in The Illinois 33 Commercial Transportation Law of The Illinois Vehicle Code, 34 as amended, to the extent that such activities are permitted -3- LRB9005057JSgc 1 or authorized by the Act or are subject to regulation by the 2 Illinois Commerce Commission; 3 (10) the activities of any state or national bank to the 4 extent that such activities are regulated or supervised by 5 officers of the state or federal government under the banking 6 laws of this State or the United States; 7 (11) the activities of any state or federal savings and 8 loan association to the extent that such activities are 9 regulated or supervised by officers of the state or federal 10 government under the savings and loan laws of this State or 11 the United States; 12 (12) the activities of any bona fide not-for-profit 13 association, society or board, of attorneys, practitioners of 14 medicine, architects, engineers, land surveyors or real 15 estate brokers licensed and regulated by an agency of the 16 State of Illinois, in recommending schedules of suggested 17 fees, rates or commissions for use solely as guidelines in 18 determining charges for professional and technical services; 19 (13) Conduct involving trade or commerce (other than 20 import trade or import commerce) with foreign nations unless: 21 (a) such conduct has a direct, substantial, and 22 reasonably foreseeable effect: 23 (i) on trade or commerce which is not trade or commerce 24 with foreign nations, or on import trade or import commerce 25 with foreign nations; or 26 (ii) on export trade or export commerce with foreign 27 nations of a person engaged in such trade or commerce in the 28 United States; and 29 (b) such effect gives rise to a claim under the 30 provisions of this Act, other than this subsection (13). 31 (c) If this Act applies to conduct referred to in this 32 subsection (13) only because of the provisions of paragraph 33 (a)(ii), then this Act shall apply to such conduct only for 34 injury to export business in the United States which affects -4- LRB9005057JSgc 1 this State; or 2 (14) the activities of a unit of local government or 3 school district and the activities of the employees, agents 4 and officers of a unit of local government or school 5 district. 6 (Source: P.A. 85-553.) 7 Section 99. Effective date. This Act takes effect upon 8 becoming law.
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