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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
91_HB2646enr HB2646 Enrolled LRB9101115JSpc 1 AN ACT to amend the Public Utilities Act by changing 2 Sections 9-103, 10-108, and 10-112 and adding Section 3-122. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Public Utilities Act is amended by 6 changing Sections 9-103, 10-108, and 10-112 and adding 7 Section 3-122 as follows: 8 (220 ILCS 5/3-122 new) 9 Sec. 3-122. Electronic. "Electronic" includes 10 electrical, digital, magnetic, optical, electromagnetic, or 11 any other form of technology that entails capabilities 12 similar to these technologies. 13 (220 ILCS 5/9-103) (from Ch. 111 2/3, par. 9-103) 14 Sec. 9-103. Posting of rate schedules. Subject to such 15 rules and regulations as the Commission may prescribe, the 16 schedules referred to in Section 9-102 shall beplainly17printed, mimeographed or typewritten in large type, and a18copy thereof shall beposted or kept on file in every office 19 of a public utility where the public transacts business with 20 such public utility. Any or all of such schedules kept as 21 aforesaid shall be immediately produced by such public 22 utility for inspection upon the demand of any person. A 23 notice printed in bold type, in size prescribed by the 24 Commission, stating that such schedules are on file with the 25 agent and open to inspection by any person, and that the 26 agent will assist any person to determine from such schedules 27 any rates or other charges, classification, rules or 28 regulations in force, shall be kept posted by the public 29 utility in two public and conspicuous places in every such 30 office. The form of every such schedule shall be prescribed HB2646 Enrolled -2- LRB9101115JSpc 1 by the Commission: Provided, that in lieu of filing the 2 entire schedule in each office, any public utility may, 3 subject to the regulations of the Commission, file or keep 4 posted at such office, schedules of such rates or other 5 charges, classifications, rules and regulations relating 6 thereto, as are applicable at, to and from the place where 7 such office is located. 8 The Commission may determine and prescribe the form in 9 which the schedules required by this Act to be filed with the 10 Commission and to be kept open to public inspection shall be 11 prepared and arranged, and may change the form from time to 12 time if it shall be found expedient. 13 (Source: P.A. 84-617; 84-1025.) 14 (220 ILCS 5/10-108) (from Ch. 111 2/3, par. 10-108) 15 Sec. 10-108. Complaints; notice; parties. Complaint may 16 be made by the Commission, of its own motion or by any person 17 or corporation, chamber of commerce, board of trade, or any 18 industrial, commercial, mercantile, agricultural or 19 manufacturing society, or any body politic or municipal 20 corporation by petition or complaint in writing, setting 21 forth any act or things done or omitted to be done in 22 violation, or claimed to be in violation, of any provision of 23 this Act, or of any order or rule of the Commission. In the 24 discretion of the Commission, matters presented by one 25 complaint may be ordered separated, and matters upon which 26 complaint may be founded may be joined. No objection shall be 27 sustained to a separation merely because the matters 28 separated are under the ownership, control or management of 29 the same persons or corporation. No complaint shall be 30 dismissed because of the absence of direct damage to the 31 complainant. 32 Upon the filing of a complaint the Commission shall cause 33 a copy thereof to be served upon the person or corporation HB2646 Enrolled -3- LRB9101115JSpc 1 complained of which shall be accompanied by a notice 2 requiring that the complaint be satisfied and answered within 3 a reasonable time to be specified by the Commission or within 4 the discretion of the Commission, by a notice fixing a time 5 when and place where a hearing will be had upon such 6 complaint. Notice of the time and place shall also be given 7 to the complainant and to such other persons as the 8 Commission shall deem necessary. The Commission shall have 9 authority to hear and investigate any complaint 10 notwithstanding the fact that the person or corporation 11 complained of may have satisfied the complaint. 12 The time fixed for such hearing shall not be less than 13 ten days after the date of the service of such notice and 14 complaint except as herein provided. Service in all hearings, 15 investigations, and proceedings before the Commission may be 16 made upon any person upon whom a summons may be served in 17 accordance with the provisions of the Civil Practice Law and 18 all existing and future amendments thereto and modifications 19 thereof and the Supreme Court Rules now or hereafter adopted 20 in relation to that Law, and may be made personally, by 21 electronic means, or by mailing same in the United States 22 mail in a sealed envelope with postage prepaid. The 23 provisions of this section as to notice shall apply to all 24 hearings held by the Commission or under its authority. 25 Any public utility shall have a right to complain on any 26 of the grounds upon which complaints are allowed to be filed 27 by other parties, and the same procedure shall be adopted and 28 followed as in other cases. 29 All cities shall have power to appear as complainants or 30 to make application before the Illinois Commerce Commission 31 for an inquiry, investigation or hearing relating to the 32 rates or other charges or services of public utilities within 33 such city; and in case of any inquiry, investigation or 34 hearing by or before the Illinois Commerce Commission on any HB2646 Enrolled -4- LRB9101115JSpc 1 matter relating to the rates or other charges or services 2 within any city, the city shall receive written notice not 3 less than ten days before such inquiry, investigation or 4 hearing, and shall be entitled to appear and present evidence 5 relating to the subject matter of such inquiry, investigation 6 or hearing. Such notice shall be served upon the city clerk,7and upon the city attorney or head of the law department of8the city. 9 Whenever there shall be filed a complaint under Article 10 IX of this Act regarding the rates, charges, classifications 11 or services of a public utility, the Commission shall make 12 and render findings concerning the subject matter and facts 13 complained of and enter its order based thereon not later 14 than one year after the filing of such complaint unless all 15 parties to the complaint proceeding under Article IX agree to 16 a period of greater than one year, provided that any 17 agreement to extend the one year period must be in writing 18 and must be for a specified period of time not exceeding 60 19 days. The parties may enter into more than one agreement to 20 extend time. 21 In the event that the Commission fails to enter its order 22 within one year after the filing of the complaint or upon the 23 expiration of the last agreement to extend time, any party 24 may file a complaint in the circuit court for an emergency 25 order of mandamus to direct and compel the Commission to 26 enter its order within 60 days of the expiration of the one 27 year period or within 60 days of the expiration of the last 28 agreement to extend time, and the court shall set a schedule 29 to enable the Commission to complete the case and enter an 30 order within the time frame specified herein. Summons upon 31 the complaint shall be returnable within 5 days. The 32 complaint for an order of mandamus shall be brought in the 33 circuit in which the subject matter of the complaint is 34 situated or, if the subject matter of the hearing is situated HB2646 Enrolled -5- LRB9101115JSpc 1 in more than one circuit, then in any one of those circuits. 2 (Source: P.A. 87-164.) 3 (220 ILCS 5/10-112) (from Ch. 111 2/3, par. 10-112) 4 Sec. 10-112. Service of Commission orders. Every order 5 of the Commission shall be served upon every person or 6 corporation to be affected thereby, eitherby personal 7 delivery of acertifiedcopy thereof,orby mailing in the 8 United States mail acertifiedcopy thereof,in a sealed 9 package with postage prepaid, or by electronic means to the 10 person to be affected thereby or in the case of a 11 corporation, to any officer or agent thereof upon whom a 12 summons of a circuit court may be served in a civil action. 13 Where such persons or corporations, or both, exceed 3 in 14 number, service as herein provided may be upon the attorneys 15 or representatives of record, if there be any; and in any 16 event, mailing in the United States mail as herein provided, 17 shall constitute service, without additional proof of a 18 receipt of suchcertifiedcopy or copies of such order.It19shall be the duty of every person and corporation to notify20the Commission forthwith, in writing, of the receipt of the21certified copy of every order so served, and in case of a22corporation such notification must be signed and acknowledged23by a person or officer duly authorized by the corporation to24admit such service.Within a time specified in the order of 25 the Commission every person and corporation upon whom it is 26 served must, if so required in the order, notify the 27 Commission in like manner whether the terms of the order are 28 accepted and will be obeyed. 29 (Source: P.A. 84-617.) 30 Section 99. Effective date. This Act takes effect upon 31 becoming law.