Illinois General Assembly - Bill Status for SB1794
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 Bill Status of SB1794  102nd General Assembly


Short Description:  LOCAL GOV-UTILITIES

Senate Sponsors
Sen. Laura M. Murphy and Steven M. Landek

House Sponsors
(Rep. Anthony DeLuca)

Last Action
DateChamber Action
  6/2/2021HouseRule 19(a) / Re-referred to Rules Committee

Statutes Amended In Order of Appearance
50 ILCS 45/30
65 ILCS 5/8-11-2.5


Synopsis As Introduced
Amends the Local Government Taxpayers' Bill of Rights Act. Provides that the statute of limitations set by a unit of local government for the determination and assessment of taxes covered by the Act may not exceed 10 years (currently, 4 years) after the end of the calendar year for which the return for the period was filed or the end of the calendar year in which the return for the period was due, whichever occurs later. Makes conforming changes concerning the tolling of this 10-year period. Amends the Illinois Municipal Code. In a Section concerning municipal audits of public utilities, provides that municipalities may request information from public utilities no more than annually (currently, no more than once every 2 years). Provides that, if the public utility fails to respond in a timely manner to the request for information with complete information, the public utility shall be liable to the municipality for a penalty of $1,000 for each day it fails to produce the requested information. Provides that, if a public utility is liable for any error in past tax payments in excess of $5,000 that were unknown prior to an audit from the municipality, then the public utility shall reimburse the municipality for the cost of the audit. Sets forth conditions under which the public utility may be liable for attorney's fees incurred by the municipality.

Senate Floor Amendment No. 1
Adds reference to:
220 ILCS 5/9-224.1 new

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. In provisions amending the Local Government Taxpayers' Bill of Rights Act, creates a 7-year statute of limitations for utility taxes (currently, 4 years). In provisions amending the Illinois Municipal Code, provides that a public utility that is an electric utility may not provide customer-specific information. Provides that penalties for failure to respond to requests for information shall be assessed by the municipality, but may be reduced or vacated by the municipality or a court of competent jurisdiction upon demonstration by the public utility that the public utility's failure to provide the requested information resulted from excusable neglect. In provisions concerning a public utility's liability for premises that have been annexed to the municipality, provides that the utility shall only be liable beginning 60 days after the date that the municipality provided the public utility notice of the annexation. Adds provisions amending the Public Utilities Act. Provides that the Illinois Commerce Commission shall not consider: (i) costs associated with a municipal audit; (ii) any court costs, attorney's fees, or other fees incurred under certain provisions of the Illinois Municipal Code; (iii) unpaid utility taxes owed to a municipality; or (iv) any penalties or interest imposed by a municipality under certain provisions of the Illinois Municipal Code to be expenses for the purpose of determining any rate or charge.

Senate Floor Amendment No. 2
Adds reference to:
220 ILCS 5/16-122

Makes changes to the bill as amended by Senate Amendment No. 1 to provide that the Illinois Commerce Commission shall not consider: (i) any court costs, attorney's fees, or other fees incurred under certain provisions of the Illinois Municipal Code; or (ii) any penalties or interest imposed by a municipality under certain provisions of the Illinois Municipal Code to be expenses for the purpose of determining any rate or charge (Senate Amendment No. 1 also includes costs associated with a municipal audit and unpaid utility taxes owed to a municipality in the list). Further amends the Public Utilities Act to provides that customer specific billing, usage, or load shape data may be provided to a unit of local government if the unit of local government is requesting the information for the purposes of an audit under Section 8-11-2.5 of the Illinois Municipal Code.

Actions 
DateChamber Action
  2/26/2021SenateFiled with Secretary by Sen. Laura M. Murphy
  2/26/2021SenateFirst Reading
  2/26/2021SenateReferred to Assignments
  3/16/2021SenateAssigned to Local Government
  3/24/2021SenateDo Pass Local Government; 009-000-000
  3/24/2021SenatePlaced on Calendar Order of 2nd Reading March 25, 2021
  4/23/2021SenateRule 2-10 Third Reading Deadline Established As April 30, 2021
  4/30/2021SenateRule 2-10 Third Reading Deadline Established As May 7, 2021
  5/7/2021SenateRule 2-10 Committee/3rd Reading Deadline Established As May 21, 2021
  5/10/2021SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Laura M. Murphy
  5/10/2021SenateSenate Floor Amendment No. 1 Referred to Assignments
  5/11/2021SenateSenate Floor Amendment No. 1 Assignments Refers to Local Government
  5/11/2021SenateAdded as Co-Sponsor Sen. Steven M. Landek
  5/12/2021SenateSenate Floor Amendment No. 1 Recommend Do Adopt Local Government; 008-000-000
  5/12/2021SenateSenate Floor Amendment No. 1 Adopted; Murphy
  5/12/2021SenateSecond Reading
  5/12/2021SenatePlaced on Calendar Order of 3rd Reading May 13, 2021
  5/17/2021SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Laura M. Murphy
  5/17/2021SenateSenate Floor Amendment No. 2 Referred to Assignments
  5/18/2021SenateSenate Floor Amendment No. 2 Assignments Refers to Local Government
  5/19/2021SenateSenate Floor Amendment No. 2 Recommend Do Adopt Local Government; 008-000-000
  5/20/2021SenateRecalled to Second Reading
  5/20/2021SenateSenate Floor Amendment No. 2 Adopted; Murphy
  5/20/2021SenatePlaced on Calendar Order of 3rd Reading
  5/20/2021SenateThird Reading - Passed; 054-000-000
  5/20/2021HouseArrived in House
  5/20/2021HouseChief House Sponsor Rep. Anthony DeLuca
  5/21/2021HouseFirst Reading
  5/21/2021HouseReferred to Rules Committee
  5/24/2021HouseAssigned to Revenue & Finance Committee
  5/24/2021HouseCommittee Deadline Extended-Rule 9(b) May 28, 2021
  5/24/2021HouseMoved to Suspend Rule 21 Rep. Carol Ammons
  5/24/2021HouseSuspend Rule 21 - Prevailed 073-042-000
  5/30/2021HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Anthony DeLuca
  5/30/2021HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/31/2021HouseHouse Committee Amendment No. 1 Rules Refers to Revenue & Finance Committee
  6/2/2021HouseHouse Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee
  6/2/2021HouseRule 19(a) / Re-referred to Rules Committee

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