96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB1748


 
Introduced 2/18/2009, by Rep. Michael J. Madigan - Barbara Flynn Currie - Deborah L. Graham
 
SYNOPSIS AS INTRODUCED:
 		













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







    Amends the Public Utilities Act.  Makes a technical change in a Section concerning the
issuance of subpoenas.
















LRB096 05382 MJR 15448 b

















 


 


A BILL FOR









 











HB1748

LRB096 05382 MJR 15448 b






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    AN ACT concerning regulation.

 
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    Be it enacted by the People of the State of Illinois, 
3
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. 
All subpoenas issued under the
the terms of 
8
this Act may be served
by any person of full age.  The fees of 
9
witnesses for attendance and travel
shall be the same as fees 
10
of witnesses before the circuit courts of this
State, such fees 
11
to be paid when the witness is excused from further
attendance, 
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when the witness is subpoenaed at the instance of the

13
Commission, or any commissioner or hearing examiner; and the

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disbursements made in the payment of such fees shall be audited 
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and paid in
the same manner as are other expenses of the 
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Commission.  Whenever a
subpoena is issued at the instance of a 
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complainant, respondent, or other
party to any proceeding 
18
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 
20
the party at whose instance the witness is summoned, and the 
21
Commission
shall have power, in its discretion, to require a 
22
deposit to cover the cost
of such service and witness fees and 
23
the payment of the legal witness fee
and mileage to the witness 
 


 






HB1748
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LRB096 05382 MJR 15448 b




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when served with subpoena.  A subpoena issued as
aforesaid shall 
2
be served in the same manner as a subpoena issued out of a

3
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 
7
hearing examiner, in the course of an inquiry,
investigation or 
8
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 
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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

15
discretion, compel the attendance of witnesses, the production 
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of
books, papers, accounts and documents, and the giving of 
17
testimony before
the Commission, or before any such 
18
commissioner or hearing examiner, by
an attachment for contempt 
19
or otherwise, in the same manner as production
of evidence may 
20
be compelled before the court.

21
    The Commission or a commissioner or hearing examiner or any 
22
party may in
any investigation or hearing before the 
23
Commission, cause the deposition
of witnesses residing within 
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or without the State to be taken in the manner
prescribed by 
25
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 
 


 






HB1748
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LRB096 05382 MJR 15448 b




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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 
4
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 
7
State in any office or place without this State, or, at its 
8
option,
verified copies in lieu thereof, so that an examination 
9
thereof may be made
by the Commission or under its direction.

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