Public Act 93-0132

HB0873 Enrolled                      LRB093 05676 JLS 05769 b

    AN ACT concerning public utilities.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Public  Utilities  Act  is  amended by
changing Section 5-109 as follows:

    (220 ILCS 5/5-109) (from Ch. 111 2/3, par. 5-109)
    Sec. 5-109. Each public utility in the State, other  than
a  commercial  mobile radio service provider, shall each year
furnish to the Commission, in such  form  as  the  Commission
shall  require,  annual reports as to all the items mentioned
in the preceding Sections of this Article,  and  in  addition
such  other  items,  whether  of  a  nature  similar to those
therein  enumerated  or  otherwise,  as  the  Commission  may
prescribe.   Such  annual  reports  shall  contain  all   the
required  information  for  the period of 12 to twelve months
ending on the thirtieth day of June in each year,  or  ending
on  the  thirty-first  day  of  December in each year, as the
Commission may by order prescribe for each  class  of  public
utilities,  except commercial mobile radio service providers,
and shall be filed with  the  Commission  at  its  office  in
Springfield within 3 three months after the close of the year
for  which  the  report  is  made.  The Commission shall have
authority to require  any  public  utility  to  file  monthly
reports of earnings and expenses of such utility, and to file
other  periodical  or special, or both periodical and special
reports concerning any matter about which the  Commission  is
authorized by law to keep itself informed.  All reports shall
be under oath.
    When  any  report is erroneous or defective or appears to
the Commission to be erroneous or defective,  the  Commission
may  notify the public utility to amend such report within 30
thirty days, and before or  after  the  termination  of  such
period  the  Commission  may examine the officers, agents, or
employees, and books,  records,  accounts,  vouchers,  plant,
equipment  and  property  of such public utility, and correct
such items  in  the  report  as  upon  such  examination  the
Commission may find defective or erroneous.
    All  reports made to the Commission by any public utility
and the contents thereof shall be open to public  inspection,
unless  otherwise  ordered  by  the Commission.  Such reports
shall be preserved in the office of the Commission.
    Any public utility which  fails  to  make  and  file  any
report   called   for  by  the  Commission  within  the  time
specified;  or  to  make  specific  answer  to  any  question
propounded by the Commission within 30 thirty days  from  the
time it is lawfully required to do so, or within such further
time,  not to exceed 90 ninety days, as may in its discretion
be allowed by the Commission, shall forfeit up  to  $100  for
each  and  every  day  it may so be in default if the utility
collects less than $100,000 annually in gross revenue; and if
the utility collects  $100,000  or  more  annually  in  gross
revenue, it shall forfeit $100 per day for each and every day
it is in default.
    Any  person who wilfully makes any false return or report
to the Commission, or to  any  member,  officer  or  employee
thereof,  and  any person who aids or abets such person shall
be guilty of a Class A misdemeanor.
(Source: P.A. 84-617.)

    Section 99. Effective date.  This Act takes  effect  upon
becoming law.