Bill Text: IL HB4514 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Radon Industry Licensing Act. Provides that the Assistant Director of the Illinois Emergency Management Agency or his or her designee may, at the Assistant Director's instance or on the written request of another party to an administrative proceeding or investigation administered under the Act or any other law concerning radon, subpoena witnesses to attend and give testimony before the hearing officer designated to preside over the proceeding or investigation and subpoena the production of books, papers, or records that the Assistant Director or his or her designee deems relevant or material to any administrative proceeding or investigation. Provides for witness fees. Provides that failure to respond to a subpoena is a Class A misdemeanor. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB4514 Detail]

Download: Illinois-2013-HB4514-Amended.html

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Rep. Emily McAsey

Filed: 3/19/2014

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AMENDMENT TO HOUSE BILL 4514
AMENDMENT NO. ______. Amend House Bill 4514 by replacing
everything after the enacting clause with the following:
"Section 5. The Radon Industry Licensing Act is amended by
adding Section 52 as follows:
(420 ILCS 44/52 new)
Sec. 52. Subpoena power; witness fees; enforcement;
punishment.
(a) The Agency, by its Assistant Director or a person
designated by the Assistant Director, may, at the Assistant
Director's instance or on the written request of another party
to an administrative proceeding or investigation administered
under this Act or any other law concerning radon, subpoena
witnesses to attend and give testimony before the hearing
officer designated to preside over the proceeding or
investigation and subpoena the production of books, papers, or

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records that the Assistant Director or his or her designee
deems relevant or material to any administrative proceeding or
investigation.
(b) The fees paid to witnesses for attendance and travel
shall be the same as the fees for witnesses before the circuit
court of the county in which the hearing is held. Those fees
shall be paid when the witness is excused from further
attendance. When a witness is subpoenaed at the instance of the
Agency, those fees shall be paid in the same manner as other
administrative expenses of the Agency. When a witness is
subpoenaed at the instance of a party to a proceeding other
than the Agency, the Agency may require that the cost of
service of the subpoena or subpoena duces tecum and the fee of
the witness be borne by the party at whose instance the witness
is summoned. In that case, the Agency, in its discretion, may
require a deposit to cover the cost of the service and witness
fees. A subpoena or subpoena duces tecum issued under this
Section may be served in the same manner as a subpoena issued
out of a circuit court of the county in which the hearing is
held or may be served by United States registered or certified
mail, addressed to the person concerned at the person's last
known address, and proof of that mailing shall be sufficient
for the purposes of this Section. The Agency shall adopt rules
governing the procedure for challenging a subpoena.
(c) If any person, without lawful authority, fails to
appear in response to a subpoena or to answer any question or

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to produce any books, papers, records, or any other documents
relevant or material to an administrative proceeding or
investigation, the Agency, through the Attorney General, may
seek enforcement of any such subpoena by any circuit court of
this State.
Section 99. Effective date. This Act takes effect upon
becoming law.".