Full Text of HB1145 94th General Assembly
HB1145 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB1145
Introduced 02/08/05, by Rep. Julie Hamos SYNOPSIS AS INTRODUCED: |
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220 ILCS 5/5-109 |
from Ch. 111 2/3, par. 5-109 |
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Amends the Public Utilities Act. Requires a public utility seeking to classify information as proprietary or confidential to (i) identify to the Illinois Commerce Commission each and every piece of information it seeks to classify in that manner and (ii) justify the withholding of that information from public inspection. Provides that the existence of competition for a particular service is not alone sufficient justification for withholding information from public inspection. Provides that certain information is not confidential or proprietary. Effective immediately.
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A BILL FOR
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HB1145 |
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LRB094 06964 MKM 37079 b |
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| AN ACT concerning regulation.
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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 5. The Public Utilities Act is amended by changing | 5 |
| Section 5-109 as follows:
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| (220 ILCS 5/5-109) (from Ch. 111 2/3, par. 5-109)
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| Sec. 5-109. Reports; false reports; penalty ; confidential | 8 |
| and proprietary information . | 9 |
| (a) Each public utility in the
State, other than a | 10 |
| commercial
mobile radio service provider, shall each year | 11 |
| furnish to
the Commission, in such form as the Commission shall | 12 |
| require, annual
reports as to all the items mentioned in the | 13 |
| preceding Sections of this
Article, and in addition such other | 14 |
| items, whether of a nature similar
to those therein enumerated | 15 |
| or otherwise, as the Commission may
prescribe. Such annual | 16 |
| reports shall contain all the required information
for the | 17 |
| period of 12 months ending on
June 30 in each year, or ending | 18 |
| on December 31 in
each year, as the Commission may by order | 19 |
| prescribe for each class of
public utilities, except commercial | 20 |
| mobile radio service providers,
and shall be filed with the | 21 |
| Commission at its office in Springfield
within 3 months after | 22 |
| the close of the year for which
the report is made. The | 23 |
| Commission shall have authority to require any
public utility | 24 |
| to file monthly reports of earnings and expenses of such
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| utility, and to file other periodical or special, or both | 26 |
| periodical and
special reports concerning any matter about | 27 |
| which the Commission is
authorized by law to keep itself | 28 |
| informed. All reports shall be under oath.
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| (b) When any report is erroneous or defective or appears to | 30 |
| the Commission
to be erroneous or defective, the Commission may | 31 |
| notify the public
utility to amend such report within 30 days, | 32 |
| and before
or after the termination of such period the |
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HB1145 |
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LRB094 06964 MKM 37079 b |
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| Commission may examine the
officers, agents, or employees, and | 2 |
| books, records, accounts, vouchers,
plant, equipment and | 3 |
| property of such public utility, and correct such
items in the | 4 |
| report as upon such examination the Commission may find
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| defective or erroneous.
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| (c) It is the policy of this State that public utilities | 7 |
| subject to the jurisdiction of the Commission serve the public | 8 |
| interest and that information provided by these utilities is | 9 |
| presumed to be public information. All reports made to the | 10 |
| Commission by any public utility and the contents
thereof shall | 11 |
| be open to public inspection, unless otherwise ordered by the
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| Commission. Any public utility seeking to classify information | 13 |
| as proprietary or confidential shall: (i) identify each and | 14 |
| every piece of information it seeks to classify in that manner | 15 |
| and (ii) justify to the Commission the withholding of that | 16 |
| information from the public. The existence of competition for a | 17 |
| particular service is not alone sufficient to justify | 18 |
| withholding information from public inspection.
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| The following information is not confidential or | 20 |
| proprietary: | 21 |
| (1) the availability of and location of services; | 22 |
| (2) the rates, fees, or prices charged for available | 23 |
| services in this State; | 24 |
| (3) information aggregated by customer class, by | 25 |
| service type, by region, Statewide, or for more than one | 26 |
| company; | 27 |
| (4) information concerning the market used or relied | 28 |
| upon by the Commission in approving a tariff or electric | 29 |
| rates under Section 16-111 and 16-112, including, but not | 30 |
| limited to, the price of the electric power and energy | 31 |
| component to the utility, the number and identity of | 32 |
| companies participating in the market, products offered in | 33 |
| the market, and regional differences reflected in the | 34 |
| market; and | 35 |
| (5) information otherwise publicly available.
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| (d) All reports made to the Commission by any public |
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| utility
Such reports shall be preserved in the office of the | 2 |
| Commission.
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| (e) Any public utility which fails to make and file any | 4 |
| report called for by
the Commission within the time specified; | 5 |
| or to make specific answer to any
question propounded by the | 6 |
| Commission within 30 days from the
time it is lawfully required | 7 |
| to do so, or within such further time, not
to exceed 90 days, | 8 |
| as may in its discretion be allowed by the
Commission, shall | 9 |
| forfeit up to $100 for each and every day it may so be in
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| default if the utility collects less than $100,000 annually in | 11 |
| gross revenue;
and if the utility collects $100,000 or more | 12 |
| annually in gross revenue,
it shall forfeit $1,000 per day for | 13 |
| each and every day it is in default.
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| (f) Any person who willfully makes any false return or | 15 |
| report to the
Commission or to any member, officer, or employee | 16 |
| thereof,
any
person who willfully, in a
return or report, | 17 |
| withholds or fails to provide material information to which
the | 18 |
| Commission
is entitled under this Act and which information is | 19 |
| either required to be filed
by statute, rule, regulation, | 20 |
| order, or decision of the Commission or has been
requested by | 21 |
| the Commission,
and any
person who willfully aids or abets such | 22 |
| person shall be guilty of a Class A
misdemeanor.
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| (Source: P.A. 93-132, eff. 7-10-03; 93-457, eff. 8-8-03; | 24 |
| revised 9-12-03.)
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| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law.
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