HB3840 94TH GENERAL ASSEMBLY

LRB094 03793 AMC 33804 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3840

Introduced 2/25/2005, by Rep. Constance A. Howard

SYNOPSIS AS INTRODUCED:

220 ILCS 5/2-204 new
220 ILCS 5/10-112	from Ch. 111 2/3, par. 10-112

Amends the Public Utilities Act. Allows the Illinois Commerce Commission to conduct official business via approved electronic methods, and requires the Commission to use the electronic processing capabilities at its disposal. In provisions concerning service of Commission orders, provides that service by electronic means shall constitute service without additional proof of a receipt of a copy of the order.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning utilities.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Public Utilities Act is amended by adding Section 2-204 and by changing Section 10-112 as follows:

(220 ILCS 5/2-204 new)

Sec. 2-204. Electronic writings; administrative rules; fees.

(a) To enable the efficient and effective execution of its responsibilities under this Act, the Commission may conduct official business via approved electronic methods and shall use the electronic processing capabilities and associated technological solutions at its disposal, including without limitation all of the following activities:

(1) Whenever a document, record, or other writing of any kind or description is either required or permitted by statute or by rule of the Commission to be filed with, submitted to, or otherwise provided to the Commission, the document, record, or writing may be filed with, submitted to, or otherwise provided to the Commission in electronic form pursuant to rules adopted by the Commission.

(2) Whenever a document, record, or other writing of any kind or description is either required or permitted by statute or by rule of the Commission to be provided by the Commission or by any person or party to one or more persons or parties other than the Commission, the document, record, or writing may be provided to the persons or parties in electronic form pursuant to rules adopted by the Commission.

(3) The Commission may accept digital signatures or other approved forms of electronic authentication in lieu of a written signature for any official business process or transaction that requires a signature, including the acceptance of electronic documents or other informational content.

(4) The Commission may accept an electronic date/time stamp derived from a trusted time source for the purposes of acknowledging the receipt of electronic filings. The electronic date/time stamp shall serve the same purpose as is provided by a United States Postal Service cancellation mark pursuant to Section 1.25 of the Statute on Statutes.

(5) The Commission may impose appropriate administrative controls, such as user account registration requirements and end user license agreements, as well as reasonable technical standards, such as limitations on acceptable file sizes and file formats, as may be required to effectively manage the filing or submission of electronic documents or other informational content covered under this Act. The Commission may adopt and impose administrative controls and technical standards that are consistent with standards and policies embodied in current State agency rules.

(6) The Commission may charge reasonable fees set by rule to offset the cost of developing, deploying, and enhancing automated systems for the purposes of conducting official business activities pursuant to rules adopted by the Commission.

(7) The Commission may charge reasonable fees set by rule to offset the cost of accepting, processing, storing, and otherwise administering manual systems for managing documents, records, and other writings that are not in electronic form.

(b) Fees collected by the Commission pursuant to the rules adopted under this Section shall be deposited into the Public Utility Fund in the State treasury.

(c) Rules adopted under this Section shall comply with the requirements of Article 25 of the Electronic Commerce Security Act and other applicable State statutes and shall comply, to the extent practicable, with the rules adopted by the Department of Central Management Services under that Article.

(220 ILCS 5/10-112) (from Ch. 111 2/3, par. 10-112)

Sec. 10-112. Service of Commission orders. Every order of the Commission shall be served upon every person or corporation to be affected thereby by personal delivery of a copy thereof, by mailing in the United States mail a copy thereof in a sealed package with postage prepaid, or by electronic means to the person to be affected thereby or in the case of a corporation, to any officer or agent thereof upon whom a summons of a circuit court may be served in a civil action. Where such persons or corporations, or both, exceed 3 in number, service as herein provided may be upon the attorneys or representatives of record, if there be any; and in any event, service by electronic means or mailing in the United States mail as herein provided, shall constitute service, without additional proof of a receipt of such copy or copies of such order. Within a time specified in the order of the Commission every person and corporation upon whom it is served must, if so required in the order, notify the Commission in like manner whether the terms of the order are accepted and will be obeyed.

(Source: P.A. 91-341, eff. 7-29-99.)

Section 99. Effective date. This Act takes effect upon becoming law.