|
|
|
|
HB0860 Enrolled |
|
LRB096 08648 MJR 18771 b |
|
|
| 1 |
| AN ACT concerning utilities.
|
| 2 |
| Be it enacted by the People of the State of Illinois,
|
| 3 |
| represented in the General Assembly:
|
| 4 |
| Section 1. Public Utility Fund base maintenance |
| 5 |
| contribution; continuation; validation.
|
| 6 |
| (a) The General Assembly finds and declares:
|
| 7 |
| (1) Section 2-203 of the Public Utilities Act provided |
| 8 |
| for its repeal on
January 1, 2009.
|
| 9 |
| (2) Senate Bill 1987 of the 95th General Assembly, |
| 10 |
| among other things,
changed the language of Section 2-203 |
| 11 |
| repealing that Section on January 1, 2009 to January 1, |
| 12 |
| 2014.
Senate Bill 1987 passed both houses of the General |
| 13 |
| Assembly on November 20, 2008.
Senate Bill 1987 was |
| 14 |
| approved by the Governor on January 12, 2009 and will take |
| 15 |
| effect
on June 1, 2009 as Public Act 95-1027. It was the |
| 16 |
| intention of the General Assembly
in passing Senate Bill |
| 17 |
| 1987 that Section 2-203 of the Public Utilities Act not be
|
| 18 |
| repealed.
|
| 19 |
| (3) The Statute on Statutes sets forth general rules on |
| 20 |
| the repeal of
statutes, but Section 1 of that Act also |
| 21 |
| states that these rules will not be
observed
when the |
| 22 |
| result would be "inconsistent with the manifest intent of |
| 23 |
| the General
Assembly or repugnant to the context of the |
| 24 |
| statute".
|
|
|
|
HB0860 Enrolled |
- 2 - |
LRB096 08648 MJR 18771 b |
|
|
| 1 |
| (4) The actions of the General Assembly clearly |
| 2 |
| manifest the intention of
the General Assembly not to |
| 3 |
| repeal Section 2-203 of the Public Utilities Act.
Any |
| 4 |
| construction of Public Act 95-1027 that results in the |
| 5 |
| repeal of Section 2-203 of the Public Utilities Act on |
| 6 |
| January 1, 2009 would be inconsistent with the
manifest |
| 7 |
| intent of the General Assembly.
|
| 8 |
| (b) It is hereby declared to have been the intent of the |
| 9 |
| General Assembly,
in
enacting Public Act 95-1027, that Section |
| 10 |
| 2-203 of the Public Utilities Act be
changed
to, among other |
| 11 |
| things, change its repeal to January 1, 2014 and that it not be |
| 12 |
| subject to
repeal on January 1, 2009.
|
| 13 |
| (c) Section 2-203 of the Public Utilities Act is deemed to |
| 14 |
| have been in
continuous effect since its original effective |
| 15 |
| date, and it shall continue to
be in effect until
it is |
| 16 |
| otherwise repealed.
|
| 17 |
| (d) All otherwise lawful actions taken in reliance on or |
| 18 |
| pursuant to Section 2-203 of the Public Utilities Act before |
| 19 |
| the effective date of this amendatory Act of
the 96th
General |
| 20 |
| Assembly by any officer or agency of State government or any |
| 21 |
| other
person or
entity are validated.
|
| 22 |
| (e) To ensure the continuing effectiveness of Section 2-203 |
| 23 |
| of the Public Utilities Act, it is set forth in full and |
| 24 |
| re-enacted by this Act. This re-enactment
is intended as a |
| 25 |
| continuation of Section 2-203 of the Public Utilities Act.
|
| 26 |
| (f) This amendatory Act of the 96th General Assembly |
|
|
|
HB0860 Enrolled |
- 3 - |
LRB096 08648 MJR 18771 b |
|
|
| 1 |
| applies to all claims,
actions, proceedings, and returns |
| 2 |
| pending on or filed on, before, or after the
effective date
of |
| 3 |
| this amendatory Act of the 96th General Assembly.
|
| 4 |
| Section 5. The Public Utilities Act is amended by |
| 5 |
| reenacting Section 2-203 as follows:
|
| 6 |
| (220 ILCS 5/2-203)
|
| 7 |
| (Section scheduled to be repealed on January 1, 2014)
|
| 8 |
| Sec. 2-203. Public Utility Fund base maintenance |
| 9 |
| contribution. Each electric
utility as defined in Section |
| 10 |
| 16-102 of this Act providing service to more than
12,500 |
| 11 |
| customers in this State on January 1, 1995 shall contribute |
| 12 |
| annually a
pro rata share of a total amount of $5,500,000 based |
| 13 |
| upon the number of
kilowatt-hours delivered to retail customers |
| 14 |
| within this State by each such
electric utility in the 12 |
| 15 |
| months preceding the year of contribution. On or
before May 1 |
| 16 |
| of each year, the Illinois Commerce Commission shall determine |
| 17 |
| and
notify the Illinois Department of Revenue of the pro rata |
| 18 |
| share owed by each
electric utility based upon information |
| 19 |
| supplied annually to the Commission. On
or before June 1 of |
| 20 |
| each year, the Department of Revenue shall send written
|
| 21 |
| notification to each electric utility of the amount of pro rata |
| 22 |
| share they owe.
These contributions shall be remitted to the |
| 23 |
| Department of Revenue no earlier
that July 1 and no later than |
| 24 |
| July 31 of each year the contribution is due on a
return |
|
|
|
HB0860 Enrolled |
- 4 - |
LRB096 08648 MJR 18771 b |
|
|
| 1 |
| prescribed and
furnished by the Department of Revenue showing |
| 2 |
| such information as the
Department of Revenue may reasonably |
| 3 |
| require. The Department of Revenue shall
place the funds |
| 4 |
| remitted under this Section in the Public Utility Fund in the
|
| 5 |
| State treasury. The funds received pursuant to this Section |
| 6 |
| shall be subject to
appropriation by the General Assembly. If |
| 7 |
| an electric utility does
not remit its pro rata share to the |
| 8 |
| Department of Revenue, the Department of
Revenue must inform |
| 9 |
| the Illinois Commerce Commission of such failure. The
Illinois |
| 10 |
| Commerce Commission may then revoke the certification of that |
| 11 |
| electric
utility. This Section is repealed on January 1, 2014.
|
| 12 |
| (Source: P.A. 95-1027, eff. 6-1-09.)
|
| 13 |
| Section 99. Effective date. This Act takes effect upon |
| 14 |
| becoming law.
|