Full Text of HB5412 93rd General Assembly
HB5412 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB5412
Introduced 02/06/04, by Michael J. Madigan SYNOPSIS AS INTRODUCED: |
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220 ILCS 5/10-106 |
from Ch. 111 2/3, par. 10-106 |
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Amends the Public Utilities Act. Adds a caption to a Section concerning the
issuance of subpoenas.
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A BILL FOR
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HB5412 |
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LRB093 17304 AMC 42970 b |
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| AN ACT concerning public utilities.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Public Utilities Act is amended by changing | 5 |
| Section 10-106 as
follows:
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| (220 ILCS 5/10-106) (from Ch. 111 2/3, par. 10-106)
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| Sec. 10-106. Subpoenas. All subpoenas issued under the | 8 |
| terms of this
Act may be served
by any person of full age. The | 9 |
| fees of witnesses for attendance and travel
shall be the same | 10 |
| as fees of witnesses before the circuit courts of this
State, | 11 |
| such fees to be paid when the witness is excused from further
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| attendance, when the witness is subpoenaed at the instance of | 13 |
| the
Commission, or any commissioner or hearing examiner; and | 14 |
| the
disbursements made in the payment of such fees shall be | 15 |
| audited and paid in
the same manner as are other expenses of | 16 |
| the Commission. Whenever a
subpoena is issued at the instance | 17 |
| of a complainant, respondent, or other
party to any proceeding | 18 |
| before the Commission, the Commission may require
that the cost | 19 |
| of service thereof and the fee of the witness shall be borne
by | 20 |
| the party at whose instance the witness is summoned, and the | 21 |
| Commission
shall have power, in its discretion, to require a | 22 |
| deposit to cover the cost
of such service and witness fees and | 23 |
| the payment of the legal witness fee
and mileage to the witness | 24 |
| when served with subpoena. A subpoena issued as
aforesaid shall | 25 |
| be served in the same manner as a subpoena issued out of a
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| court.
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| 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 or | 31 |
| hearing conducted under any of the provisions of this Act,
and | 32 |
| who refuse or neglect to appear, or to testify, or to produce |
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HB5412 |
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LRB093 17304 AMC 42970 b |
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| books,
papers, accounts and documents relevant to said inquiry, | 2 |
| investigation or
hearing as commanded in such subpoena, shall | 3 |
| be guilty of a Class A misdemeanor.
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| Any circuit court of this State, upon application
of the | 5 |
| Commission, or a commissioner or hearing examiner, may, in its
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| discretion, compel the attendance of witnesses, the production | 7 |
| of
books, papers, accounts and documents, and the giving of | 8 |
| testimony before
the Commission, or before any such | 9 |
| commissioner or hearing examiner, by
an attachment for contempt | 10 |
| or otherwise, in the same manner as production
of evidence may | 11 |
| be compelled before the court.
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| The Commission or a commissioner or hearing examiner or any | 13 |
| party may in
any investigation or hearing before the | 14 |
| Commission, cause the deposition
of witnesses residing within | 15 |
| or without the State to be taken in the manner
prescribed by | 16 |
| law for like depositions in civil actions in the courts of
this | 17 |
| State and to that end may compel the attendance of witnesses | 18 |
| and the
production of papers, books, accounts and documents.
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| The Commission may require, by order served on any public | 20 |
| utility in the
manner provided herein for the service of | 21 |
| orders, the production within
this State at such time and place | 22 |
| as it may designate, of any books,
accounts, papers or | 23 |
| documents kept by any public utility operating within
this | 24 |
| State in any office or place without this State, or, at its | 25 |
| option,
verified copies in lieu thereof, so that an examination | 26 |
| thereof may be made
by the Commission or under its direction.
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| (Source: P.A. 84-617.)
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