Full Text of HB0860 96th General Assembly
HB0860eng 96TH GENERAL ASSEMBLY
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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 | 5 |
| 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 | 8 |
| for its repeal on
January 1, 2009.
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| (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
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| repealed.
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| (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".
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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 | 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.
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| (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.
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| (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.
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| (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.
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| (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.
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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 | 2 |
| pending on or filed on, before, or after the
effective date
of | 3 |
| this amendatory Act of the 96th General Assembly.
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| Section 5. The Public Utilities Act is amended by | 5 |
| 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 | 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
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| 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 |
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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 | 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
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| 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.
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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 | 14 |
| becoming law.
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