97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1398

 

Introduced 2/9/2011, by Sen. Mike Jacobs

 

SYNOPSIS AS INTRODUCED:
 
220 ILCS 5/5-109  from Ch. 111 2/3, par. 5-109

    Amends the Public Utilities Act. Makes a technical change to a Section concerning reports.


LRB097 06498 ASK 46581 b

 

 

A BILL FOR

 

SB1398LRB097 06498 ASK 46581 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 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
8utility in the the State, other than a commercial mobile radio
9service provider, shall each year furnish to the Commission, in
10such form as the Commission shall require, annual reports as to
11all the items mentioned in the preceding Sections of this
12Article, and in addition such other items, whether of a nature
13similar to those therein enumerated or otherwise, as the
14Commission may prescribe. Such annual reports shall contain all
15the required information for the period of 12 months ending on
16June 30 in each year, or ending on December 31 in each year, as
17the Commission may by order prescribe for each class of public
18utilities, except commercial mobile radio service providers,
19and shall be filed with the Commission at its office in
20Springfield within 3 months after the close of the year for
21which the report is made. The Commission shall have authority
22to require any public utility to file monthly reports of
23earnings and expenses of such utility, and to file other

 

 

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1periodical or special, or both periodical and special reports
2concerning any matter about which the Commission is authorized
3by law to keep itself informed. All reports shall be under
4oath.
5    When any report is erroneous or defective or appears to the
6Commission to be erroneous or defective, the Commission may
7notify the public utility to amend such report within 30 days,
8and before or after the termination of such period the
9Commission may examine the officers, agents, or employees, and
10books, records, accounts, vouchers, plant, equipment and
11property of such public utility, and correct such items in the
12report as upon such examination the Commission may find
13defective or erroneous.
14    All reports made to the Commission by any public utility
15and the contents thereof shall be open to public inspection,
16unless otherwise ordered by the Commission. Such reports shall
17be preserved in the office of the Commission.
18    Any public utility which fails to make and file any report
19called for by the Commission within the time specified; or to
20make specific answer to any question propounded by the
21Commission within 30 days from the time it is lawfully required
22to do so, or within such further time, not to exceed 90 days,
23as may in its discretion be allowed by the Commission, shall
24forfeit up to $100 for each and every day it may so be in
25default if the utility collects less than $100,000 annually in
26gross revenue; and if the utility collects $100,000 or more

 

 

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1annually in gross revenue, it shall forfeit $1,000 per day for
2each and every day it is in default.
3    Any person who willfully makes any false return or report
4to the Commission or to any member, officer, or employee
5thereof, any person who willfully, in a return or report,
6withholds or fails to provide material information to which the
7Commission is entitled under this Act and which information is
8either required to be filed by statute, rule, regulation,
9order, or decision of the Commission or has been requested by
10the Commission, and any person who willfully aids or abets such
11person shall be guilty of a Class A misdemeanor.
12(Source: P.A. 95-331, eff. 8-21-07.)