Full Text of HB3840 94th General Assembly
HB3840 94TH GENERAL ASSEMBLY
|
|
|
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
|
|
|
|
|
HB3840 |
|
LRB094 03793 AMC 33804 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 5. The Public Utilities Act is amended by adding | 5 |
| Section 2-204 and by changing Section 10-112 as follows: | 6 |
| (220 ILCS 5/2-204 new) | 7 |
| Sec. 2-204. Electronic writings; administrative rules; | 8 |
| fees. | 9 |
| (a) To enable the efficient and effective execution of its | 10 |
| responsibilities under this Act, the Commission may conduct | 11 |
| official business via approved electronic methods and shall use | 12 |
| the electronic processing capabilities and associated | 13 |
| technological solutions at its disposal, including without | 14 |
| limitation all of the following activities: | 15 |
| (1) Whenever a document, record, or other writing of | 16 |
| any kind or description is either required or permitted by | 17 |
| statute or by rule of the Commission to be filed with, | 18 |
| submitted to, or otherwise provided to the Commission, the | 19 |
| document, record, or writing may be filed with, submitted | 20 |
| to, or otherwise provided to the Commission in electronic | 21 |
| form pursuant to rules adopted by the Commission. | 22 |
| (2) Whenever a document, record, or other writing of | 23 |
| any kind or description is either required or permitted by | 24 |
| statute or by rule of the Commission to be provided by the | 25 |
| Commission or by any person or party to one or more persons | 26 |
| or parties other than the Commission, the document, record, | 27 |
| or writing may be provided to the persons or parties in | 28 |
| electronic form pursuant to rules adopted by the | 29 |
| Commission. | 30 |
| (3) The Commission may accept digital signatures or | 31 |
| other approved forms of electronic authentication in lieu | 32 |
| of a written signature for any official business process or |
|
|
|
HB3840 |
- 2 - |
LRB094 03793 AMC 33804 b |
|
| 1 |
| transaction that requires a signature, including the | 2 |
| acceptance of electronic documents or other informational | 3 |
| content. | 4 |
| (4) The Commission may accept an electronic date/time | 5 |
| stamp derived from a trusted time source for the purposes | 6 |
| of acknowledging the receipt of electronic filings. The | 7 |
| electronic date/time stamp shall serve the same purpose as | 8 |
| is provided by a United States Postal Service cancellation | 9 |
| mark pursuant to Section 1.25 of the Statute on Statutes. | 10 |
| (5) The Commission may impose appropriate | 11 |
| administrative controls, such as user account registration | 12 |
| requirements and end user license agreements, as well as | 13 |
| reasonable technical standards, such as limitations on | 14 |
| acceptable file sizes and file formats, as may be required | 15 |
| to effectively manage the filing or submission of | 16 |
| electronic documents or other informational content | 17 |
| covered under this Act. The Commission may adopt and impose | 18 |
| administrative controls and technical standards that are | 19 |
| consistent with standards and policies embodied in current | 20 |
| State agency rules. | 21 |
| (6) The Commission may charge reasonable fees set by | 22 |
| rule to offset the cost of developing, deploying, and | 23 |
| enhancing automated systems for the purposes of conducting | 24 |
| official business activities pursuant to rules adopted by | 25 |
| the Commission. | 26 |
| (7) The Commission may charge reasonable fees set by | 27 |
| rule to offset the cost of accepting, processing, storing, | 28 |
| and otherwise administering manual systems for managing | 29 |
| documents, records, and other writings that are not in | 30 |
| electronic form.
| 31 |
| (b) Fees collected by the Commission pursuant to the rules | 32 |
| adopted under this Section shall be deposited into the Public | 33 |
| Utility Fund in the State treasury.
| 34 |
| (c) Rules adopted under this Section shall comply with the | 35 |
| requirements of Article 25 of the Electronic Commerce Security | 36 |
| Act and other applicable State statutes and shall comply, to |
|
|
|
HB3840 |
- 3 - |
LRB094 03793 AMC 33804 b |
|
| 1 |
| the extent practicable, with the rules adopted by the | 2 |
| Department of Central Management Services under that Article.
| 3 |
| (220 ILCS 5/10-112) (from Ch. 111 2/3, par. 10-112)
| 4 |
| Sec. 10-112. Service of Commission orders. Every order of | 5 |
| the
Commission shall be served upon every person
or corporation | 6 |
| to be affected thereby by personal delivery of a copy thereof, | 7 |
| by mailing in the United States mail a
copy thereof in a sealed | 8 |
| package with postage prepaid, or by electronic
means to the | 9 |
| person to be
affected thereby or in the case of a corporation, | 10 |
| to any officer or agent
thereof upon whom a summons of a | 11 |
| circuit court may be
served in a civil action. Where such | 12 |
| persons or corporations, or both,
exceed 3 in number, service | 13 |
| as herein provided may be upon the attorneys or
representatives | 14 |
| of record, if there be any; and in any event, service by | 15 |
| electronic means or mailing in
the United States mail as herein | 16 |
| provided, shall constitute service,
without additional proof | 17 |
| of a receipt of such copy or copies of
such
order. Within a | 18 |
| time specified in the order
of the Commission every person and | 19 |
| corporation upon whom it is served must,
if so required in the | 20 |
| order, notify the Commission in like manner whether
the terms | 21 |
| of the order are accepted and will be obeyed.
| 22 |
| (Source: P.A. 91-341, eff. 7-29-99.)
| 23 |
| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.
|
|