Public Act 096-0250
 
HB0860 Enrolled LRB096 08648 MJR 18771 b

    AN ACT concerning utilities.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Public Utility Fund base maintenance
contribution; continuation; validation.
    (a) The General Assembly finds and declares:
        (1) Section 2-203 of the Public Utilities Act provided
    for its repeal on January 1, 2009.
        (2) Senate Bill 1987 of the 95th General Assembly,
    among other things, changed the language of Section 2-203
    repealing that Section on January 1, 2009 to January 1,
    2014. Senate Bill 1987 passed both houses of the General
    Assembly on November 20, 2008. Senate Bill 1987 was
    approved by the Governor on January 12, 2009 and will take
    effect on June 1, 2009 as Public Act 95-1027. It was the
    intention of the General Assembly in passing Senate Bill
    1987 that Section 2-203 of the Public Utilities Act not be
    repealed.
        (3) The Statute on Statutes sets forth general rules on
    the repeal of statutes, but Section 1 of that Act also
    states that these rules will not be observed when the
    result would be "inconsistent with the manifest intent of
    the General Assembly or repugnant to the context of the
    statute".
        (4) The actions of the General Assembly clearly
    manifest the intention of the General Assembly not to
    repeal Section 2-203 of the Public Utilities Act. Any
    construction of Public Act 95-1027 that results in the
    repeal of Section 2-203 of the Public Utilities Act on
    January 1, 2009 would be inconsistent with the manifest
    intent of the General Assembly.
    (b) It is hereby declared to have been the intent of the
General Assembly, in enacting Public Act 95-1027, that Section
2-203 of the Public Utilities Act be changed to, among other
things, change its repeal to January 1, 2014 and that it not be
subject to repeal on January 1, 2009.
    (c) Section 2-203 of the Public Utilities Act is deemed to
have been in continuous effect since its original effective
date, and it shall continue to be in effect until it is
otherwise repealed.
    (d) All otherwise lawful actions taken in reliance on or
pursuant to Section 2-203 of the Public Utilities Act before
the effective date of this amendatory Act of the 96th General
Assembly by any officer or agency of State government or any
other person or entity are validated.
    (e) To ensure the continuing effectiveness of Section 2-203
of the Public Utilities Act, it is set forth in full and
re-enacted by this Act. This re-enactment is intended as a
continuation of Section 2-203 of the Public Utilities Act.
    (f) This amendatory Act of the 96th General Assembly
applies to all claims, actions, proceedings, and returns
pending on or filed on, before, or after the effective date of
this amendatory Act of the 96th General Assembly.
 
    Section 5. The Public Utilities Act is amended by
reenacting Section 2-203 as follows:
 
    (220 ILCS 5/2-203)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 2-203. Public Utility Fund base maintenance
contribution. Each electric utility as defined in Section
16-102 of this Act providing service to more than 12,500
customers in this State on January 1, 1995 shall contribute
annually a pro rata share of a total amount of $5,500,000 based
upon the number of kilowatt-hours delivered to retail customers
within this State by each such electric utility in the 12
months preceding the year of contribution. On or before May 1
of each year, the Illinois Commerce Commission shall determine
and notify the Illinois Department of Revenue of the pro rata
share owed by each electric utility based upon information
supplied annually to the Commission. On or before June 1 of
each year, the Department of Revenue shall send written
notification to each electric utility of the amount of pro rata
share they owe. These contributions shall be remitted to the
Department of Revenue no earlier that July 1 and no later than
July 31 of each year the contribution is due on a return
prescribed and furnished by the Department of Revenue showing
such information as the Department of Revenue may reasonably
require. The Department of Revenue shall place the funds
remitted under this Section in the Public Utility Fund in the
State treasury. The funds received pursuant to this Section
shall be subject to appropriation by the General Assembly. If
an electric utility does not remit its pro rata share to the
Department of Revenue, the Department of Revenue must inform
the Illinois Commerce Commission of such failure. The Illinois
Commerce Commission may then revoke the certification of that
electric utility. This Section is repealed on January 1, 2014.
(Source: P.A. 95-1027, eff. 6-1-09.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/11/2009