Bill Text: IL HB1353 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Public Utilities Act. Makes a technical change in a Section concerning the issuance of subpoenas.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB1353 Detail]

Download: Illinois-2017-HB1353-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB1353 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
220 ILCS 5/10-106 from Ch. 111 2/3, par. 10-106
Amends the Public Utilities Act. Makes a technical change in a Section concerning the issuance of subpoenas.
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A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Utilities Act is amended by changing
Section 10-106 as follows:
(220 ILCS 5/10-106) (from Ch. 111 2/3, par. 10-106)
Sec. 10-106. All subpoenas issued under the the terms of
this Act may be served by any person of full age. The fees of
witnesses for attendance and travel shall be the same as fees
of witnesses before the circuit courts of this State, such fees
to be paid when the witness is excused from further attendance,
when the witness is subpoenaed at the instance of the
Commission, or any commissioner or hearing examiner; and the
disbursements made in the payment of such fees shall be audited
and paid in the same manner as are other expenses of the
Commission. Whenever a subpoena is issued at the instance of a
complainant, respondent, or other party to any proceeding
before the Commission, the Commission may require that the cost
of service thereof and the fee of the witness shall be borne by
the party at whose instance the witness is summoned, and the
Commission shall have power, in its discretion, to require a
deposit to cover the cost of such service and witness fees and
the payment of the legal witness fee and mileage to the witness

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when served with subpoena. A subpoena issued as aforesaid shall
be served in the same manner as a subpoena issued out of a
court.
Any person who shall be served with a subpoena to appear
and testify, or to produce books, papers, accounts or
documents, issued by the Commission or by any commissioner or
hearing examiner, in the course of an inquiry, investigation or
hearing conducted under any of the provisions of this Act, and
who refuse or neglect to appear, or to testify, or to produce
books, papers, accounts and documents relevant to said inquiry,
investigation or hearing as commanded in such subpoena, shall
be guilty of a Class A misdemeanor.
Any circuit court of this State, upon application of the
Commission, or a commissioner or hearing examiner, may, in its
discretion, compel the attendance of witnesses, the production
of books, papers, accounts and documents, and the giving of
testimony before the Commission, or before any such
commissioner or hearing examiner, by an attachment for contempt
or otherwise, in the same manner as production of evidence may
be compelled before the court.
The Commission or a commissioner or hearing examiner or any
party may in any investigation or hearing before the
Commission, cause the deposition of witnesses residing within
or without the State to be taken in the manner prescribed by
law for like depositions in civil actions in the courts of this
State and to that end may compel the attendance of witnesses

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and the production of papers, books, accounts and documents.
The Commission may require, by order served on any public
utility in the manner provided herein for the service of
orders, the production within this State at such time and place
as it may designate, of any books, accounts, papers or
documents kept by any public utility operating within this
State in any office or place without this State, or, at its
option, verified copies in lieu thereof, so that an examination
thereof may be made by the Commission or under its direction.
(Source: P.A. 84-617.)