State of Illinois
90th General Assembly
Legislation

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90_HB1082

      740 ILCS 10/5             from Ch. 38, par. 60-5
          Amends the Antitrust Act.  Provides that  the  Act  shall
      not  be  construed  to  make illegal the activities of health
      care  providers  other  than  practitioners  of  medicine  in
      recommending schedules of suggested fees.
                                                     LRB9004527DJbd
                                               LRB9004527DJbd
 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   or
21    telecommunications carrier, as defined in Sections 3-105  and
22    13-202  of  the  Public Utilities Act to the extent that such
23    activities are subject to the jurisdiction  of  the  Illinois
24    Commerce Commission, or to the activities of telephone mutual
25    concerns   referred  to  in  Section  13-202  of  the  Public
26    Utilities Act to the extent such  activities  relate  to  the
27    providing  and maintenance of telephone service to owners and
28    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-                LRB9004527DJbd
 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  or
12    co-operative  basis  or  electrification  on  a  co-operative
13    basis, to the extent such activities relate to the  marketing
14    and distribution of telephone or electrical 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-                LRB9004527DJbd
 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, other health care providers, architects, engineers,
15    land  surveyors or real estate brokers licensed and regulated
16    by an agency  of  the  State  of  Illinois,  in  recommending
17    schedules  of  suggested  fees,  rates or commissions for use
18    solely as guidelines in determining charges for  professional
19    and technical services;
20        (13)  Conduct  involving  trade  or  commerce (other than
21    import trade or import commerce) with foreign nations unless:
22        (a)  such  conduct  has  a   direct,   substantial,   and
23    reasonably foreseeable effect:
24        (i)  on  trade or commerce which is not trade or commerce
25    with foreign nations, or on import trade or  import  commerce
26    with foreign nations; or
27        (ii)  on  export  trade  or  export commerce with foreign
28    nations of a person engaged in such trade or commerce in  the
29    United States; and
30        (b)  such   effect  gives  rise  to  a  claim  under  the
31    provisions of this Act, other than this subsection (13).
32        (c)  If this Act applies to conduct referred to  in  this
33    subsection  (13)  only because of the provisions of paragraph
34    (a)(ii), then this Act shall apply to such conduct  only  for
                            -4-                LRB9004527DJbd
 1    injury  to export business in the United States which affects
 2    this State; or
 3        (14)  the activities of a unit  of  local  government  or
 4    school  district  and the activities of the employees, agents
 5    and  officers  of  a  unit  of  local  government  or  school
 6    district.
 7    (Source: P.A. 85-553.)

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