State of Illinois
90th General Assembly
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90_HB3240

      220 ILCS 5/5-201          from Ch. 111 2/3, par. 5-201
          Amends the Public Utilities Act.  Adds  a  caption  to  a
      Section concerning civil damages.
                                                     LRB9010136JSmg
                                               LRB9010136JSmg
 1        AN  ACT  to  amend  the  Public Utilities Act by changing
 2    Section 5-201.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Public  Utilities  Act  is  amended by
 6    changing Section 5-201 as follows:
 7        (220 ILCS 5/5-201) (from Ch. 111 2/3, par. 5-201)
 8        Sec. 5-201. Civil damages.   In case any  public  utility
 9    shall  do,  cause  to  be  done or permit to be done any act,
10    matter or thing  prohibited,  forbidden  or  declared  to  be
11    unlawful,  or  shall  omit  to  do  any  act, matter or thing
12    required to be done either by any provisions of this  Act  or
13    any  rule,  regulation,  order or decision of the Commission,
14    issued under authority of this Act, the public utility  shall
15    be liable to the persons or corporations affected thereby for
16    all  loss,  damages  or  injury  caused  thereby or resulting
17    therefrom, and if the  court  shall  find  that  the  act  or
18    omission  was wilful, the court may in addition to the actual
19    damages, award damages for the sake of example and by the way
20    of punishment.  An action to recover for such loss, damage or
21    injury may be brought in the circuit court by any  person  or
22    corporation.
23        In  every  case of a recovery of damages by any person or
24    corporation  under  the  provisions  of  this  Section,   the
25    plaintiff shall be entitled to a reasonable attorney's fee to
26    be fixed by the court, which fee shall be taxed and collected
27    as part of the costs in the case.
28        No  recovery  as  in  this  Section provided shall in any
29    manner affect a recovery by the State  of  the  penalties  in
30    this Act provided.
31    (Source: P.A. 84-617.)

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