State of Illinois
90th General Assembly
Legislation

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90_HB2398

      55 ILCS 5/5-1096.1 new
      55 ILCS 5/11-42-11.5 new
      220 ILCS 5/8-101.1 new
      220 ILCS 5/13-101         from Ch. 111 2/3, par. 13-101
          Amends the Counties Code, the  Illinois  Municipal  Code,
      and  the Public Utilities Act in relation to fees imposed for
      late payment of  cable  television,  telephone,  and  utility
      bills.   Requires the bill to be post-marked at least 21 days
      before the due date.  Limits delinquent fees to 1.5%  of  the
      amount past due.
                                                     LRB9007702JSgc
                                               LRB9007702JSgc
 1        AN  ACT  concerning  late payment charges, amending named
 2    Acts.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The  Counties  Code  is  amended  by  adding
 6    Section 5-1096.1 as follows:
 7        (55 ILCS 5/5-1096.1 new)
 8        Sec.   5-1096.1.   Fees;  delinquent  payment  for  cable
 9    television service.  No provider of cable television  service
10    shall  impose  a fee on a residential customer for delinquent
11    payment for the provision of cable television service, unless
12    the provider complies with the following provisions:
13             (1)  the  customer  has  first  been  provided  with
14        written notice that it is the policy  of  the  seller  to
15        impose a late fee on delinquent accounts;
16             (2)  the  customer  has  at  least  21 days from the
17        post-marked date on the bill before the due date;
18             (3)  payment  is  received  after  the   due   date,
19        provided   that   payment   received  by  mail  shall  be
20        considered  past  due  if   the   payment   envelope   is
21        post-marked after the due date printed on the bill; and
22             (4)  the  fee  is  assessed  no earlier than 27 days
23        after issuance of the previous bill.
24    Delinquent fees shall be limited to 1.5% of the total  amount
25    past due.
26        Section  10.  The  Illinois  Municipal Code is amended by
27    adding Section 11-42-11.5 as follows:
28        (55 ILCS 5/11-42-11.5 new)
29        Sec.  11-42-11.5.  Fees;  delinquent  payment  for  cable
                            -2-                LRB9007702JSgc
 1    television service.  No provider of cable television  service
 2    shall  impose  a fee on a residential customer for delinquent
 3    payment for the provision of cable television service, unless
 4    the provider complies with the following provisions:
 5             (1)  the  customer  has  first  been  provided  with
 6        written notice that it is the policy  of  the  seller  to
 7        impose a late fee on delinquent accounts;
 8             (2)  the  customer  has  at  least  21 days from the
 9        post-marked date on the bill before the due date;
10             (3)  payment  is  received  after  the   due   date,
11        provided   that   payment   received  by  mail  shall  be
12        considered  past  due  if   the   payment   envelope   is
13        post-marked after the due date printed on the bill; and
14             (4)  the  fee  is  assessed  no earlier than 27 days
15        after issuance of the previous bill.
16    Delinquent fees shall be limited to 1.5% of the total  amount
17    past due.
18        Section  15.  The  Public  Utilities  Act  is  amended by
19    adding  Section  8-101.5  and  amending  Section  13-101   as
20    follows:
21        (220 ILCS 5/8-101.1 new)
22        Sec.  8-101.1.  Fees;  delinquent  payment  for electric,
23    gas, water, and local  exchange  telecommunications  service.
24    No  provider  of  electric,  gas,  water,  or  local exchange
25    telecommunications  services  shall  impose  a   fee   on   a
26    residential customer for delinquent payment for the provision
27    of  the aforementioned services, unless the provider complies
28    with the following provisions:
29             (1)  the  customer  has  first  been  provided  with
30        written notice that it is the policy  of  the  seller  to
31        impose a late fee on delinquent accounts;
32             (2)  the  customer  has  at  least  21 days from the
                            -3-                LRB9007702JSgc
 1        post-marked date on the bill before the due date;
 2             (3)  payment  is  received  after  the   due   date,
 3        provided   that   payment   received  by  mail  shall  be
 4        considered  past  due  if   the   payment   envelope   is
 5        post-marked after the due date printed on the bill; and
 6             (4)  the  fee  is  assessed  no earlier than 27 days
 7        after issuance of the previous bill.
 8    Delinquent fees shall be limited to 1.5% of the total  amount
 9    past due.
10        (220 ILCS 5/13-101) (from Ch. 111 2/3, par. 13-101)
11        (Section scheduled to be repealed on July 1, 2001)
12        Sec.   13-101.    Except   to   the  extent  modified  or
13    supplemented by the specific provisions of this Article,  the
14    Sections  of  this Act pertaining to public utilities, public
15    utility rates and services, and the regulation  thereof,  are
16    fully    and    equally    applicable    to    noncompetitive
17    telecommunications  rates  and  services,  and the regulation
18    thereof,  except  where  the  context  clearly  renders  such
19    provisions inapplicable.  Except to the  extent  modified  or
20    supplemented  by  the  specific  provisions  of this Article,
21    Articles I through V, Sections 8-101.1, 8-301, 8-505,  9-221,
22    9-222,  9-222.1,  9-222.2, 9-250, and 9-252.1, and Articles X
23    and XI of this  Act  are  fully  and  equally  applicable  to
24    competitive  telecommunications  rates  and services, and the
25    regulation thereof.
26    (Source: P.A. 90-38, eff. 6-27-97.)

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