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HB0860 Engrossed |
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LRB096 08648 MJR 18771 b |
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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 |
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| 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 |
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| for its repeal on
January 1, 2009.
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| (2) Senate Bill 1987 of the 95th General Assembly, |
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| among other things,
changed the language of Section 2-203 |
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| repealing that Section on January 1, 2009 to January 1, |
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| 2014.
Senate Bill 1987 passed both houses of the General |
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| Assembly on November 20, 2008.
Senate Bill 1987 was |
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| approved by the Governor on January 12, 2009 and will take |
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| effect
on June 1, 2009 as Public Act 95-1027. It was the |
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| intention of the General Assembly
in passing Senate Bill |
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| 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| repealed.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 |
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| the repeal of
statutes, but Section 1 of that Act also |
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| states that these rules will not be
observed
when the |
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| result would be "inconsistent with the manifest intent of |
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| the General
Assembly or repugnant to the context of the |
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| statute".
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HB0860 Engrossed |
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LRB096 08648 MJR 18771 b |
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| (4) The actions of the General Assembly clearly |
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| manifest the intention of
the General Assembly not to |
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| repeal Section 2-203 of the Public Utilities Act.
Any |
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| construction of Public Act 95-1027 that results in the |
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| repeal of Section 2-203 of the Public Utilities Act on |
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| January 1, 2009 would be inconsistent with the
manifest |
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| intent of the General Assembly.
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| (b) It is hereby declared to have been the intent of the |
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| General Assembly,
in
enacting Public Act 95-1027, that Section |
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| 2-203 of the Public Utilities Act be
changed
to, among other |
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| things, change its repeal to January 1, 2014 and that it not be |
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| subject to
repeal on January 1, 2009.
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| (c) Section 2-203 of the Public Utilities Act is deemed to |
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| have been in
continuous effect since its original effective |
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| date, and it shall continue to
be in effect until
it is |
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| otherwise repealed.
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| (d) All otherwise lawful actions taken in reliance on or |
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| pursuant to Section 2-203 of the Public Utilities Act before |
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| the effective date of this amendatory Act of
the 96th
General |
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| Assembly by any officer or agency of State government or any |
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| other
person or
entity are validated.
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| (e) To ensure the continuing effectiveness of Section 2-203 |
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| of the Public Utilities Act, it is set forth in full and |
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| re-enacted by this Act. This re-enactment
is intended as a |
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| continuation of Section 2-203 of the Public Utilities Act.
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| (f) This amendatory Act of the 96th General Assembly |
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HB0860 Engrossed |
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LRB096 08648 MJR 18771 b |
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| applies to all claims,
actions, proceedings, and returns |
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| pending on or filed on, before, or after the
effective date
of |
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| this amendatory Act of the 96th General Assembly.
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| Section 5. The Public Utilities Act is amended by |
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| 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 |
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| contribution. Each electric
utility as defined in Section |
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| 16-102 of this Act providing service to more than
12,500 |
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| customers in this State on January 1, 1995 shall contribute |
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| annually a
pro rata share of a total amount of $5,500,000 based |
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| upon the number of
kilowatt-hours delivered to retail customers |
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| within this State by each such
electric utility in the 12 |
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| months preceding the year of contribution. On or
before May 1 |
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| of each year, the Illinois Commerce Commission shall determine |
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| and
notify the Illinois Department of Revenue of the pro rata |
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| share owed by each
electric utility based upon information |
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| supplied annually to the Commission. On
or before June 1 of |
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| each year, the Department of Revenue shall send written
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| notification to each electric utility of the amount of pro rata |
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| share they owe.
These contributions shall be remitted to the |
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| Department of Revenue no earlier
that July 1 and no later than |
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| July 31 of each year the contribution is due on a
return |
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HB0860 Engrossed |
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LRB096 08648 MJR 18771 b |
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| prescribed and
furnished by the Department of Revenue showing |
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| such information as the
Department of Revenue may reasonably |
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| require. The Department of Revenue shall
place the funds |
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| remitted under this Section in the Public Utility Fund in the
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| State treasury. The funds received pursuant to this Section |
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| shall be subject to
appropriation by the General Assembly. If |
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| an electric utility does
not remit its pro rata share to the |
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| Department of Revenue, the Department of
Revenue must inform |
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| the Illinois Commerce Commission of such failure. The
Illinois |
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| Commerce Commission may then revoke the certification of that |
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| 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 |
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| becoming law.
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