93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5412


 
Introduced 02/06/04, by Michael J. Madigan
 
SYNOPSIS AS INTRODUCED:
 		













220 ILCS 5/10-106
  from Ch. 111 2/3, par. 10-106







    Amends the Public Utilities Act.  Adds a caption to a Section concerning the
issuance of subpoenas.
















LRB093 17304 AMC 42970 b

















 


 


A BILL FOR









 











HB5412

LRB093 17304 AMC 42970 b






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    AN ACT concerning public 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 5. The Public Utilities Act is amended by changing 
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Section 10-106 as
follows:


 
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    (220 ILCS 5/10-106)  (from Ch. 111 2/3, par. 10-106)

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    Sec. 10-106. Subpoenas.  All subpoenas issued under the 
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terms of this
Act may be served
by any person of full age.  The 
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fees of witnesses for attendance and travel
shall be the same 
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as fees of witnesses before the circuit courts of this
State, 
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such fees to be paid when the witness is excused from further

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attendance, when the witness is subpoenaed at the instance of 
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the
Commission, or any commissioner or hearing examiner; and 
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the
disbursements made in the payment of such fees shall be 
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audited and paid in
the same manner as are other expenses of 
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the Commission.  Whenever a
subpoena is issued at the instance 
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of a complainant, respondent, or other
party to any proceeding 
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before the Commission, the Commission may require
that the cost 
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of service thereof and the fee of the witness shall be borne
by 
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the party at whose instance the witness is summoned, and the 
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Commission
shall have power, in its discretion, to require a 
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deposit to cover the cost
of such service and witness fees and 
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the payment of the legal witness fee
and mileage to the witness 
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when served with subpoena.  A subpoena issued as
aforesaid shall 
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be served in the same manner as a subpoena issued out of a

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court.


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    Any person who shall be served with a subpoena to appear 
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and testify, or
to produce books, papers, accounts or 
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documents, issued by the Commission
or by any commissioner or 
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hearing examiner, in the course of an inquiry,
investigation or 
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hearing conducted under any of the provisions of this Act,
and 
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who refuse or neglect to appear, or to testify, or to produce 
 


 






HB5412
- 2 -
LRB093 17304 AMC 42970 b




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books,
papers, accounts and documents relevant to said inquiry, 
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investigation or
hearing as commanded in such subpoena, shall 
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be guilty of a Class A misdemeanor.


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    Any circuit court of this State, upon application
of the 
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Commission, or a commissioner or hearing examiner, may, in its

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discretion, compel the attendance of witnesses, the production 
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of
books, papers, accounts and documents, and the giving of 
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testimony before
the Commission, or before any such 
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commissioner or hearing examiner, by
an attachment for contempt 
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or otherwise, in the same manner as production
of evidence may 
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be compelled before the court.


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    The Commission or a commissioner or hearing examiner or any 
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party may in
any investigation or hearing before the 
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Commission, cause the deposition
of witnesses residing within 
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or without the State to be taken in the manner
prescribed by 
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law for like depositions in civil actions in the courts of
this 
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State and to that end may compel the attendance of witnesses 
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and the
production of papers, books, accounts and documents.


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    The Commission may require, by order served on any public 
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utility in the
manner provided herein for the service of 
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orders, the production within
this State at such time and place 
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as it may designate, of any books,
accounts, papers or 
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documents kept by any public utility operating within
this 
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State in any office or place without this State, or, at its 
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option,
verified copies in lieu thereof, so that an examination 
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thereof may be made
by the Commission or under its direction.


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(Source: P.A. 84-617.)