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| Public Act 096-0250 |
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AN ACT concerning utilities.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Public Utility Fund base maintenance | ||||
contribution; continuation; validation.
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(a) The General Assembly finds and declares:
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(1) Section 2-203 of the Public Utilities Act provided | ||||
for its repeal on
January 1, 2009.
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(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
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repealed.
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(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".
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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Section 5. The Public Utilities Act is amended by | ||
reenacting Section 2-203 as follows:
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(220 ILCS 5/2-203)
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(Section scheduled to be repealed on January 1, 2014)
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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
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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
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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.
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(Source: P.A. 95-1027, eff. 6-1-09.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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