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92_SB2222eng SB2222 Engrossed LRB9211307JSpc 1 AN ACT in relation to the administration and funding of 2 the Illinois Commerce Commission. 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 adding 6 Section 2-301 as follows: 7 (220 ILCS 5/2-301 new) 8 Sec. 2-301. Filing fees. 9 (a) In addition to any other fees and taxes imposed 10 pursuant to this Act, the Commission is authorized to 11 establish by rule filing fees for the following filings, 12 irrespective of whether those filings are made by electronic 13 means or otherwise: 14 (1) the filing of any rate; 15 (2) the filing of contracts with customers when the 16 filing is required or permitted by this Act or by a rate 17 on file pursuant to this Act; 18 (3) the filing with a public utility's rates of any 19 municipal ordinance, as required by this Act or by rule 20 of the Commission; 21 (4) the filing of any petition or application for 22 special permission for the filing of such tariffs, 23 contracts, or ordinances; 24 (5) the filing of any annual report required by 25 this Act or by rule of the Commission; 26 (6) the filing of any annual certification required 27 by this Act or by rule of the Commission; and 28 (7) the filing of any application, petition, 29 complaint, negotiated agreement, arbitrated agreement, or 30 any other pleading, document, or writing that initiates a 31 contested case, licensing proceeding, rulemaking, rate SB2222 Engrossed -2- LRB9211307JSpc 1 proceeding, declaratory ruling proceeding, or other 2 formal Commission proceeding, except a proceeding 3 initiated by the Commission itself. 4 The Commission may provide by rule for reasonable waivers 5 of, or reductions in, these fees. All such waivers or 6 reductions must apply equally to all public utilities and 7 telecommunications carriers. The Commission shall provide by 8 rule that no filing fees shall be charged under this Section 9 to any municipality, county, or "statutory consumer 10 protection agency" as that term is defined in Section 9-102.1 11 of this Act. 12 (b) The initial fees established by the Commission shall 13 be set at amounts reasonably calculated, on the basis of 14 reasonable projections based upon information for the most 15 recent 12-month period available at the time the Commission's 16 rules are proposed, to produce revenues equal to $500,000 per 17 year. The Commission may amend the rules as necessary to 18 adjust the fees to reflect reasonable projections based upon 19 newer information as it becomes available to produce revenues 20 of $500,000 per year. This shall not be a limitation on the 21 amount of fees actually collected by the Commission under 22 this Section. All fees collected by the Commission under this 23 Section shall be deposited in the Public Utility Fund in the 24 State treasury. The Commission shall account separately for 25 all moneys received under this Section, and shall expend 26 those moneys only for the purposes of creating and 27 maintaining one or more electronic systems for the filing, 28 maintenance, storage, and retrieval of documents and 29 information, including without limitation rates, contracts, 30 ordinances, reports, certifications, petitions, applications, 31 complaints, negotiated agreements, arbitrated agreements, 32 pleadings, writings, and all evidence and documents that are 33 part of the Commission's record in formal proceedings. Moneys 34 received by the Commission under this Section shall not at SB2222 Engrossed -3- LRB9211307JSpc 1 any time be appropriated or diverted to any other use or 2 purpose. 3 (c) Upon failure to pay an applicable filing fee for any 4 document under this Section, the Commission shall neither 5 allow the filing nor entertain a proceeding concerning the 6 document. No prescribed time limit imposed on the Commission 7 or its proceedings begins to run until the applicable filing 8 fee is paid. In addition, and without limiting any power of 9 the Commission under any other Section of this Act to revoke, 10 rescind, or reconsider any certificate issued under this Act, 11 failure to pay any filing fee for an annual report or annual 12 certification required by this Act or by Commission rule 13 shall be grounds for the revocation or suspension of the 14 non-paying entity's certificate of public convenience and 15 necessity, certificate of service authority, certificate 16 authorizing operations as a common carrier by pipeline, or 17 other franchise, license, permit, or right to own, operate, 18 manage, or control any public utility, telecommunications 19 carrier, common carrier by pipeline, or alternative retail 20 electric supplier. 21 (d) This Section is repealed effective July 1, 2008. If 22 the Commission has collected fees in an aggregate amount that 23 equals or exceeds $2,500,000 before July 1, 2008, it shall 24 cease to collect fees under this Section as soon as is 25 practicable, but in no event later than 45 days after the 26 aggregate amount collected equals or exceeds $2,500,000. 27 Section 99. Effective date. This Act takes effect upon 28 becoming law.