093_HB0874eng

 
HB0874 Engrossed                     LRB093 05679 JLS 05772 b

 1        AN ACT concerning public utilities.

 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 10-106 as follows:

 6        (220 ILCS 5/10-106) (from Ch. 111 2/3, par. 10-106)
 7        Sec. 10-106.  Subpoenas.  All subpoenas issued under  the
 8    terms  of  this  Act may be served by any person of full age.
 9    The fees of witnesses for attendance and travel shall be  the
10    same  as  fees of witnesses before the circuit courts of this
11    State, such fees to be paid when the witness is excused  from
12    further  attendance,  when  the  witness is subpoenaed at the
13    instance of the Commission, or any  commissioner  or  hearing
14    examiner;  and  the disbursements made in the payment of such
15    fees shall be audited and paid in  the  same  manner  as  are
16    other  expenses  of  the  Commission.  Whenever a subpoena is
17    issued at the instance of a complainant, respondent, or other
18    party to any proceeding before the Commission, the Commission
19    may require that the cost of service thereof and the  fee  of
20    the witness shall be borne by the party at whose instance the
21    witness  is summoned, and the Commission shall have power, in
22    its discretion, to require a deposit to  cover  the  cost  of
23    such  service  and  witness fees and the payment of the legal
24    witness fee and mileage  to  the  witness  when  served  with
25    subpoena.   A subpoena issued as aforesaid shall be served in
26    the same manner as a subpoena issued out of a court.
27        Any person who shall be served with a subpoena to  appear
28    and  testify,  or  to  produce  books,  papers,  accounts  or
29    documents, issued by the Commission or by any commissioner or
30    hearing  examiner, in the course of an inquiry, investigation
31    or hearing conducted under any of the provisions of this Act,
 
HB0874 Engrossed            -2-      LRB093 05679 JLS 05772 b
 1    and who refuse or neglect to appear, or  to  testify,  or  to
 2    produce  books,  papers,  accounts  and documents relevant to
 3    said inquiry, investigation or hearing as commanded  in  such
 4    subpoena, shall be guilty of a Class A misdemeanor.
 5        Any  circuit court of this State, upon application of the
 6    Commission, or a commissioner or hearing  examiner,  may,  in
 7    its  discretion,  compel  the  attendance  of  witnesses, the
 8    production of books, papers, accounts and documents, and  the
 9    giving of testimony before the Commission, or before any such
10    commissioner  or  hearing  examiner,  by  an  attachment  for
11    contempt  or  otherwise,  in the same manner as production of
12    evidence may be compelled before the court.
13        The Commission or a commissioner or hearing  examiner  or
14    any  party  may  in  any  investigation or hearing before the
15    Commission, cause the deposition of witnesses residing within
16    or without the State to be taken in the manner prescribed  by
17    law  for  like  depositions in civil actions in the courts of
18    this State and to that  end  may  compel  the  attendance  of
19    witnesses  and  the production of papers, books, accounts and
20    documents.
21        The Commission may require, by order served on any public
22    utility in the manner provided  herein  for  the  service  of
23    orders,  the  production  within  this State at such time and
24    place as it may designate, of any books, accounts, papers  or
25    documents  kept  by  any public utility operating within this
26    State in any office or place without this State, or,  at  its
27    option,   verified   copies  in  lieu  thereof,  so  that  an
28    examination thereof may be made by the  Commission  or  under
29    its direction.
30    (Source: P.A. 84-617.)