Full Text of SB1398 97th General Assembly
SB1398 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1398 Introduced 2/9/2011, by Sen. Mike Jacobs SYNOPSIS AS INTRODUCED: |
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220 ILCS 5/5-109 | from Ch. 111 2/3, par. 5-109 |
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Amends the Public Utilities Act. Makes a technical change to a Section concerning reports.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 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 changing | 5 | | Section 5-109 as follows:
| 6 | | (220 ILCS 5/5-109) (from Ch. 111 2/3, par. 5-109)
| 7 | | Sec. 5-109. Reports; false reports; penalty. Each public | 8 | | utility in the the
State, other than a commercial
mobile radio | 9 | | service provider, shall each year furnish to
the Commission, in | 10 | | such form as the Commission shall require, annual
reports as to | 11 | | all the items mentioned in the preceding Sections of this
| 12 | | Article, and in addition such other items, whether of a nature | 13 | | similar
to those therein enumerated or otherwise, as the | 14 | | Commission may
prescribe. Such annual reports shall contain all | 15 | | the required information
for the period of 12 months ending on
| 16 | | June 30 in each year, or ending on December 31 in
each year, as | 17 | | the Commission may by order prescribe for each class of
public | 18 | | utilities, except commercial mobile radio service providers,
| 19 | | and shall be filed with the Commission at its office in | 20 | | Springfield
within 3 months after the close of the year for | 21 | | which
the report is made. The Commission shall have authority | 22 | | to require any
public utility to file monthly reports of | 23 | | earnings and expenses of such
utility, and to file other |
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| 1 | | periodical or special, or both periodical and
special reports | 2 | | concerning any matter about which the Commission is
authorized | 3 | | by law to keep itself informed. All reports shall be under | 4 | | oath.
| 5 | | When any report is erroneous or defective or appears to the | 6 | | Commission
to be erroneous or defective, the Commission may | 7 | | notify the public
utility to amend such report within 30 days, | 8 | | and before
or after the termination of such period the | 9 | | Commission may examine the
officers, agents, or employees, and | 10 | | books, records, accounts, vouchers,
plant, equipment and | 11 | | property of such public utility, and correct such
items in the | 12 | | report as upon such examination the Commission may find
| 13 | | defective or erroneous.
| 14 | | All reports made to the Commission by any public utility | 15 | | and the contents
thereof shall be open to public inspection, | 16 | | unless otherwise ordered by the
Commission. Such reports shall | 17 | | be preserved in the office of the Commission.
| 18 | | Any public utility which fails to make and file any report | 19 | | called for by
the Commission within the time specified; or to | 20 | | make specific answer to any
question propounded by the | 21 | | Commission within 30 days from the
time it is lawfully required | 22 | | to do so, or within such further time, not
to exceed 90 days, | 23 | | as may in its discretion be allowed by the
Commission, shall | 24 | | forfeit up to $100 for each and every day it may so be in
| 25 | | default if the utility collects less than $100,000 annually in | 26 | | gross revenue;
and if the utility collects $100,000 or more |
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| 1 | | annually in gross revenue,
it shall forfeit $1,000 per day for | 2 | | each and every day it is in default.
| 3 | | Any person who willfully makes any false return or report | 4 | | to the
Commission or to any member, officer, or employee | 5 | | thereof,
any
person who willfully, in a
return or report, | 6 | | withholds or fails to provide material information to which
the | 7 | | Commission
is entitled under this Act and which information is | 8 | | either required to be filed
by statute, rule, regulation, | 9 | | order, or decision of the Commission or has been
requested by | 10 | | the Commission,
and any
person who willfully aids or abets such | 11 | | person shall be guilty of a Class A
misdemeanor.
| 12 | | (Source: P.A. 95-331, eff. 8-21-07.)
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