93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5409


 
Introduced 02/06/04, by Michael J. Madigan
 
SYNOPSIS AS INTRODUCED:
 		













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







    Amends the Public Utilities Act.  Adds a caption to a Section concerning the
issuance of subpoenas.
















LRB093 17306 AMC 42972 b

















 


 


A BILL FOR









 











HB5409

LRB093 17306 AMC 42972 b






1
    AN ACT concerning public 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 changing 
5
Section 10-106 as
follows:


 
6
    (220 ILCS 5/10-106)  (from Ch. 111 2/3, par. 10-106)

7
    Sec. 10-106. Subpoenas.  All subpoenas issued under the 
8
terms of this
Act may be served
by any person of full age.  The 
9
fees of witnesses for attendance and travel
shall be the same 
10
as fees of witnesses before the circuit courts of this
State, 
11
such fees to be paid when the witness is excused from further

12
attendance, when the witness is subpoenaed at the instance of 
13
the
Commission, or any commissioner or hearing examiner; and 
14
the
disbursements made in the payment of such fees shall be 
15
audited and paid in
the same manner as are other expenses of 
16
the Commission.  Whenever a
subpoena is issued at the instance 
17
of a complainant, respondent, or other
party to any proceeding 
18
before the Commission, the Commission may require
that the cost 
19
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 
24
when served with subpoena.  A subpoena issued as
aforesaid shall 
25
be served in the same manner as a subpoena issued out of a

26
court.


27
    Any person who shall be served with a subpoena to appear 
28
and testify, or
to produce books, papers, accounts or 
29
documents, issued by the Commission
or by any commissioner or 
30
hearing examiner, in the course of an inquiry,
investigation or 
31
hearing conducted under any of the provisions of this Act,
and 
32
who refuse or neglect to appear, or to testify, or to produce 
 


 






HB5409
- 2 -
LRB093 17306 AMC 42972 b




1
books,
papers, accounts and documents relevant to said inquiry, 
2
investigation or
hearing as commanded in such subpoena, shall 
3
be guilty of a Class A misdemeanor.


4
    Any circuit court of this State, upon application
of the 
5
Commission, or a commissioner or hearing examiner, may, in its

6
discretion, compel the attendance of witnesses, the production 
7
of
books, papers, accounts and documents, and the giving of 
8
testimony before
the Commission, or before any such 
9
commissioner or hearing examiner, by
an attachment for contempt 
10
or otherwise, in the same manner as production
of evidence may 
11
be compelled before the court.


12
    The Commission or a commissioner or hearing examiner or any 
13
party may in
any investigation or hearing before the 
14
Commission, cause the deposition
of witnesses residing within 
15
or without the State to be taken in the manner
prescribed by 
16
law for like depositions in civil actions in the courts of
this 
17
State and to that end may compel the attendance of witnesses 
18
and the
production of papers, books, accounts and documents.


19
    The Commission may require, by order served on any public 
20
utility in the
manner provided herein for the service of 
21
orders, the production within
this State at such time and place 
22
as it may designate, of any books,
accounts, papers or 
23
documents kept by any public utility operating within
this 
24
State in any office or place without this State, or, at its 
25
option,
verified copies in lieu thereof, so that an examination 
26
thereof may be made
by the Commission or under its direction.


27
(Source: P.A. 84-617.)