97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0693

 

Introduced 01/31/11, by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
220 ILCS 5/10-106  from Ch. 111 2/3, par. 10-106

    Amends the Public Utilities Act. Makes a technical change in a Section concerning the issuance of subpoenas.


LRB097 03521 ASK 43558 b

 

 

A BILL FOR

 

HB0693LRB097 03521 ASK 43558 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Utilities Act is amended by changing
5Section 10-106 as follows:
 
6    (220 ILCS 5/10-106)  (from Ch. 111 2/3, par. 10-106)
7    Sec. 10-106. All subpoenas issued under the the terms of
8this Act may be served by any person of full age. The fees of
9witnesses for attendance and travel shall be the same as fees
10of witnesses before the circuit courts of this State, such fees
11to be paid when the witness is excused from further attendance,
12when the witness is subpoenaed at the instance of the
13Commission, or any commissioner or hearing examiner; and the
14disbursements made in the payment of such fees shall be audited
15and paid in the same manner as are other expenses of the
16Commission. Whenever a subpoena is issued at the instance of a
17complainant, respondent, or other party to any proceeding
18before the Commission, the Commission may require that the cost
19of service thereof and the fee of the witness shall be borne by
20the party at whose instance the witness is summoned, and the
21Commission shall have power, in its discretion, to require a
22deposit to cover the cost of such service and witness fees and
23the payment of the legal witness fee and mileage to the witness

 

 

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1when served with subpoena. A subpoena issued as aforesaid shall
2be served in the same manner as a subpoena issued out of a
3court.
4    Any person who shall be served with a subpoena to appear
5and testify, or to produce books, papers, accounts or
6documents, issued by the Commission or by any commissioner or
7hearing examiner, in the course of an inquiry, investigation or
8hearing conducted under any of the provisions of this Act, and
9who refuse or neglect to appear, or to testify, or to produce
10books, papers, accounts and documents relevant to said inquiry,
11investigation or hearing as commanded in such subpoena, shall
12be guilty of a Class A misdemeanor.
13    Any circuit court of this State, upon application of the
14Commission, or a commissioner or hearing examiner, may, in its
15discretion, compel the attendance of witnesses, the production
16of books, papers, accounts and documents, and the giving of
17testimony before the Commission, or before any such
18commissioner or hearing examiner, by an attachment for contempt
19or otherwise, in the same manner as production of evidence may
20be compelled before the court.
21    The Commission or a commissioner or hearing examiner or any
22party may in any investigation or hearing before the
23Commission, cause the deposition of witnesses residing within
24or without the State to be taken in the manner prescribed by
25law for like depositions in civil actions in the courts of this
26State and to that end may compel the attendance of witnesses

 

 

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1and the production of papers, books, accounts and documents.
2    The Commission may require, by order served on any public
3utility in the manner provided herein for the service of
4orders, the production within this State at such time and place
5as it may designate, of any books, accounts, papers or
6documents kept by any public utility operating within this
7State in any office or place without this State, or, at its
8option, verified copies in lieu thereof, so that an examination
9thereof may be made by the Commission or under its direction.
10(Source: P.A. 84-617.)