093_HB3321

 
                                     LRB093 08427 JLS 12035 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
 5    changing  Sections  4-202,  4-203,  5-107,  5-109, 5-202, and
 6    10-105 and adding Section 5-202.1 as follows:

 7        (220 ILCS 5/4-202) (from Ch. 111 2/3, par. 4-202)
 8        Sec.  4-202.  Action   for   injunction.   Whenever   the
 9    Commission shall be of the opinion that any public utility is
10    failing  or omitting or about to fail or omit, to do anything
11    required of it by law,  or  by  any  order,  decision,  rule,
12    regulation,  direction,  or  requirement  of  the Commission,
13    issued or made under authority  of  this  Act,  or  is  doing
14    anything  or  about  to do anything or permitting anything or
15    about to permit anything  to  be  done,  contrary  to  or  in
16    violation  of  law  or any order, decision, rule, regulation,
17    direction, or requirement of the Commission, issued  or  made
18    under  authority  of  this  Act, the Commission shall file an
19    action or proceeding in the circuit  court  in  and  for  the
20    county  in  which  the case or some part thereof arose, or in
21    which the person or corporation complained of,  if  any,  has
22    its  principal  place  of  business,  or  in which the person
23    complained of, if any, resides, in the name of the People  of
24    the  State  of  Illinois,  for  the  purpose  of  having  the
25    violation  or  threatened  violation  stopped  and prevented,
26    either by mandamus or injunction.
27        The Commission may express its opinion  in  a  resolution
28    based  upon  whatever  facts  and  evidence  have come to its
29    attention and may issue the resolution ex parte  and  without
30    holding  any  administrative  hearing  before  bringing suit.
31    Except in cases involving an imminent threat  to  the  public
 
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 1    health  or public safety, no such resolution shall be adopted
 2    until 48 hours after the public utility has been given notice
 3    of (i) the substance of the alleged  violation,  including  a
 4    citation  to the law or order, decision, rule, regulation, or
 5    direction of the Commission alleged to have been violated and
 6    (ii)  the  time  and  date  of  the  meeting  at  which  such
 7    resolution  will  first  be   before   the   Commission   for
 8    consideration.
 9        The  Commission  shall  file  the action or proceeding by
10    complaint in the circuit court,  alleging  the  violation  or
11    threatened   violation   complained   of,   and  praying  for
12    appropriate relief by way  of  mandamus  or  injunction.   It
13    shall  thereupon  be the duty of the court to specify a time,
14    not exceeding 20 days after the service of the  copy  of  the
15    complaint, within which the public utility complained of must
16    answer the complaint, and in the meantime said public utility
17    may  be  restrained.  In  case of default in answer, or after
18    answer, the court shall immediately inquire  into  the  facts
19    and  circumstances  of the case.  Such corporation or persons
20    as the court may deem necessary or proper  to  be  joined  as
21    parties,  in  order to make its judgment, or order effective,
22    may be joined as parties.  The final judgment in  any  action
23    or  proceeding  shall either dismiss the action or proceeding
24    or  grant  relief  by  mandamus  or  injunction  or  be  made
25    permanent as prayed for in the complaint, or in such modified
26    or other form as will afford appropriate relief.   An  appeal
27    may  be  taken  from  such  final  judgment as in other civil
28    cases.
29    (Source: P.A. 84-617.)

30        (220 ILCS 5/4-203) (from Ch. 111 2/3, par. 4-203)
31        Sec. 4-203.  Action to recover penalties.
32        (a)  All civil penalties established under this Act shall
33    be assessed and collected by the Commission. Except  for  the
 
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 1    penalties  provided  under Section 2-202, civil penalties may
 2    be assessed only after notice and opportunity  to  be  heard.
 3    In  determining  the  amount  of  the penalty, the Commission
 4    shall consider the appropriateness of the penalty to the size
 5    of the business of the public utility, corporation other than
 6    a public utility,  or  person  acting  as  a  public  utility
 7    charged,  the gravity of the violation, and the good faith of
 8    the public utility, corporation other than a public  utility,
 9    or person acting as a public utility charged in attempting to
10    achieve compliance after notification of a violation. Nothing
11    in  this Section, however, increases or decreases any minimum
12    or maximum penalty prescribed elsewhere in this Act.
13        (b)  If timely judicial review of a Commission order that
14    imposes a civil penalty  is  taken  by  the  public  utility,
15    corporation  other than a public utility, or person acting as
16    a public utility on which the civil penalty has been imposed,
17    the reviewing court shall enter a  judgment  on  all  amounts
18    upon  affirmance  of the Commission order. If timely judicial
19    review is not taken and the civil penalty remains unpaid  for
20    60  days  after  service  of the order, the Commission in its
21    discretion may either begin revocation proceedings  or  bring
22    suit  to  recover the penalties. Unless stayed by a reviewing
23    court, interest shall accrue from 60 days after the  date  of
24    service of the Commission order.
25        (c)  Actions  to recover delinquent civil penalties under
26    this Act shall be brought in the name of the  People  of  the
27    State  of Illinois in the circuit court in and for the county
28    in which the cause, or some part thereof, arose, or in  which
29    the  corporation  complained  of,  if  any, has its principal
30    place of business, or in which the person, if any, complained
31    of, resides.  The action shall be commenced and prosecuted to
32    final judgment by the Commission.  In any  such  action,  all
33    interest  incurred up to the time of final court judgment may
34    be sued for and  recovered  in  that  action.   In  all  such
 
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 1    actions,  the  procedure  and  rules of evidence shall be the
 2    same as in ordinary civil actions, except as otherwise herein
 3    provided.  All fines and penalties recovered by the State  in
 4    any  such action shall be paid into the State treasury to the
 5    credit of the General Revenue Fund.  Any such action  may  be
 6    compromised  or discontinued on application of the Commission
 7    upon such terms as the court shall approve and order.
 8        (d)  Civil  penalties  related  to  the  late  filing  of
 9    reports, taxes, or other filings shall be paid into the State
10    treasury to the credit of the Public Utility Fund. Except  as
11    otherwise  provided  in  this  Act, all other fines and civil
12    penalties shall be paid into the State treasury to the credit
13    of the General Revenue Fund. Except as otherwise provided  in
14    this  Act,  actions to recover penalties under this Act shall
15    be brought in the name of the People of the State of Illinois
16    in the circuit court in and  for  the  county  in  which  the
17    cause,   or  some  part  thereof,  arose,  or  in  which  the
18    corporation complained of, if any, has its principal place of
19    business, or in which the  person,  if  any,  complained  of,
20    resides.  The  action  shall  be  commenced and prosecuted to
21    final judgment by the Commission. In  any  such  action,  all
22    penalties  incurred up to the time of commencing the same may
23    be sued for and recovered. In all such actions, the procedure
24    and rules of evidence shall be the same as in ordinary  civil
25    actions,  except  as otherwise herein provided. All fines and
26    penalties recovered by the State in any such action shall  be
27    paid  into  the  State  treasury to the credit of the general
28    fund. Any such action may be compromised or  discontinued  on
29    application  of  the  Commission upon such terms as the court
30    shall approve and order.
31    (Source: P.A. 84-617.)

32        (220 ILCS 5/5-107) (from Ch. 111 2/3, par. 5-107)
33        Sec. 5-107.  Falsification or destruction of accounts and
 
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 1    records.  Any person who shall willfully  wilfully  make  any
 2    false entry in the accounts, or in any record or memoranda or
 3    by  any  other means or device falsify the record of any such
 4    account,  record  or  memoranda,  or  who   shall   willfully
 5    withhold,  neglect,  or  fail to make full, true, and correct
 6    entries in such accounts, records, or memoranda of all  facts
 7    in  transactions  appertaining  to the business of the public
 8    utility, or shall keep any  accounts  or  record  other  than
 9    those  prescribed  or  approved  by  the Commission, shall be
10    guilty of a Class A misdemeanor.
11        If any such books, accounts, records or  memoranda  shall
12    have  been  preserved for a period of at least three years, a
13    public utility may with the consent of the Commission destroy
14    such of them  as  in  the  judgment  of  the  Commission  may
15    properly be destroyed.
16    (Source: P.A. 84-617.)

17        (220 ILCS 5/5-109) (from Ch. 111 2/3, par. 5-109)
18        Sec.   5-109.  Reports;  false  reports;  penalty.   Each
19    public utility in the State shall each year  furnish  to  the
20    Commission,  in  such  form  as the Commission shall require,
21    annual reports as to all the items mentioned in the preceding
22    Sections of this Article, and in addition such  other  items,
23    whether  of  a  nature similar to those therein enumerated or
24    otherwise, as  the  Commission  may  prescribe.  Such  annual
25    reports  shall  contain  all the required information for the
26    period to 12 twelve months ending on  the  thirtieth  day  of
27    June  30  in  each year, or ending on the thirty-first day of
28    December 31 in each year, as  the  Commission  may  by  order
29    prescribe  for  each  class of public utilities, and shall be
30    filed with the Commission at its office in Springfield within
31    three months after the close of the year for which the report
32    is made. The Commission shall have authority to  require  any
33    public  utility  to  file  monthly  reports  of  earnings and
 
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 1    expenses of such utility, and to  file  other  periodical  or
 2    special,  or  both  periodical and special reports concerning
 3    any matter about which the Commission is authorized by law to
 4    keep itself informed. All reports shall be under oath.
 5        When any report is erroneous or defective or  appears  to
 6    the  Commission  to be erroneous or defective, the Commission
 7    may notify the public utility to amend such report within  30
 8    thirty  days,  and  before  or  after the termination of such
 9    period the Commission may examine the  officers,  agents,  or
10    employees,  and  books,  records,  accounts, vouchers, plant,
11    equipment and property of such public  utility,  and  correct
12    such  items  in  the  report  as  upon  such  examination the
13    Commission may find defective or erroneous.
14        All reports made to the Commission by any public  utility
15    and  the contents thereof shall be open to public inspection,
16    unless otherwise ordered  by  the  Commission.  Such  reports
17    shall be preserved in the office of the Commission.
18        Any  public  utility  which  fails  to  make and file any
19    report  called  for  by  the  Commission  within   the   time
20    specified;  or  to  make  specific  answer  to  any  question
21    propounded  by  the Commission within 30 thirty days from the
22    time it is lawfully required to do so, or within such further
23    time, not to exceed 90 ninety days, as may in its  discretion
24    be  allowed  by  the Commission, shall forfeit up to $100 for
25    each and every day it may so be in  default  if  the  utility
26    collects less than $100,000 annually in gross revenue; and if
27    the  utility  collects  $100,000  or  more  annually in gross
28    revenue, it shall forfeit $10,000 $100 per day for  each  and
29    every day it is in default.
30        Any  person who willfully wilfully makes any false return
31    or report to the Commission, or to any  member,  officer,  or
32    employee thereof, any person who willfully withholds or fails
33    to  provide  information  to  which the Commission is legally
34    entitled under this Act, and any person  who  aids  or  abets
 
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 1    such person shall be guilty of a Class A misdemeanor.
 2    (Source: P.A. 84-617.)

 3        (220 ILCS 5/5-202) (from Ch. 111 2/3, par. 5-202)
 4        Sec.  5-202.  Violations; penalty. Any public utility, or
 5    any corporation other than a public utility,  or  any  person
 6    acting  as  a public utility, that which violates or fails to
 7    comply with any provisions of this Act, or that  which  fails
 8    to  obey,  observe, or comply with any order, decision, rule,
 9    regulation,  direction,  or  requirement,  or  any  part   or
10    provision  thereof,  of  the Commission, made or issued under
11    authority of this Act, in a case in which a  penalty  is  not
12    otherwise  provided  for  in  this Act, shall be subject to a
13    civil penalty imposed  in  the  manner  provided  in  Section
14    4-203.   A small public utility, as defined in subsection (b)
15    of Section 4-502 of this Act, is subject to a  civil  penalty
16    of not less than $500 nor more than $2,000 for each and every
17    offense.  All other public utilities, corporations other than
18    a  public utility, and persons acting as a public utility are
19    subject to a civil penalty of up  to  $30,000  for  each  and
20    every  offense,  except  as  otherwise  provided  in Sections
21    13-304, 13-305, and 5-202.1 of this Act.
22        Every violation of the provisions of this Act or  of  any
23    order,  decision, rule, regulation, direction, or requirement
24    of the Commission, or any part or  portion  thereof,  by  any
25    corporation  or  person,  is a separate and distinct offense,
26    and in case of a continuing violation, each day's continuance
27    thereof shall be a separate and distinct offense.
28        In construing and enforcing the provisions  of  this  Act
29    relating  to  penalties, the act, omission, or failure of any
30    officer,  agent,  or  employee   of   any   public   utility,
31    corporation  other than a public utility, or person acting as
32    a public utility, that is acting  within  the  scope  of  his
33    official  duties or employment, shall in every case be deemed
 
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 1    to be the act, omission, or failure of such  public  utility,
 2    corporation  other than a public utility, or person acting as
 3    a public utility.
 4        If the party who has violated or failed  to  comply  with
 5    this  Act or an order, decision, rule, regulation, direction,
 6    or requirement of the Commission, or any  part  or  provision
 7    thereof, fails to seek review pursuant to Sections 10-113 and
 8    10-201  of  this  Act  within 30 days after of service of the
 9    order, the party shall, upon expiration of the  30  days,  be
10    subject to the civil penalty provision of this Section.
11        No  penalties  shall accrue under this provision until 15
12    days after the mailing of a notice to such party  or  parties
13    that  they  are in violation of or have failed to comply with
14    the Act or order, decision, rule, regulation,  direction,  or
15    requirement  of  the  Commission  or  any  part  or provision
16    thereof.
17    (Source: P.A. 87-164.)

18        (220 ILCS 5/5-202.1 new)
19        Sec.  5-202.1.  Misrepresentation  of  testimony   before
20    Commission; penalty.
21        (a)  Any  person  or  corporation, as defined in Sections
22    3-113 and 3-114 of  this  Act,  who  knowingly  misrepresents
23    facts  or  circumstances,  or  aids  another  in  doing so or
24    knowingly  permits   another   to   misrepresent   facts   or
25    circumstances,   through   testimony   or   the  offering  or
26    withholding  of  information  in  any  formal   or   informal
27    proceeding shall be subject to a civil penalty.  Whenever the
28    Commission  is of the opinion that a person or corporation is
29    misrepresenting or has misrepresented facts or circumstances,
30    the Commission may initiate a proceeding to determine whether
31    a misrepresentation has in fact occurred. If  the  Commission
32    finds that a person or corporation has violated this Section,
33    the Commission shall impose a penalty of not less than $5,000
 
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 1    and  not  greater  than $500,000. Each misrepresentation of a
 2    fact or circumstance found by the Commission shall constitute
 3    a separate  violation.  In  determining  the  amount  of  the
 4    penalty  to  be  assessed,  the  Commission  may consider any
 5    matters  of  record  in  aggravation  or  mitigation  of  the
 6    penalty, including but not limited to the following:
 7             (1)  the presence or absence of due diligence on the
 8        part of the violator in attempting  to  comply  with  the
 9        Act;
10             (2)  any  economic  benefits accrued, or expected to
11        be   accrued,   by   the   violator   because   of    the
12        misrepresentation; and
13             (3)  the  amount of monetary penalty that will serve
14        to deter  further  violations  by  the  violator  and  to
15        otherwise  aid in enhancing voluntary compliance with the
16        Act.
17        (b)  If timely judicial review of a Commission order that
18    imposes a civil penalty under this Section is  taken  by  the
19    person  or  corporation  upon  which  the  penalty  has  been
20    imposed,  the  reviewing  court shall enter a judgment on all
21    amounts upon affirmance of the Commission  order.  If  timely
22    judicial  review  is  not taken and the civil penalty remains
23    unpaid for 60 days after service of the order, the Commission
24    in its discretion may either begin revocation proceedings  or
25    bring  suit  to  recover  the  penalty.  Unless  stayed  by a
26    reviewing court, interest shall  accrue  from  the  60th  day
27    after the date of service of the Commission order to the date
28    full payment is received by the Commission.
29        (c)  Actions  to recover delinquent civil penalties under
30    this Section shall be brought in the name of  the  People  of
31    the  State  of  Illinois  in the circuit court in and for the
32    county in which the cause, or some part thereof, arose, or in
33    which the entity complained of resides. The action  shall  be
34    commenced and prosecuted to final judgment by the Commission.
 
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 1    In  any  such  actions,  the  procedure and rules of evidence
 2    shall be the same as in ordinary  civil  actions,  except  as
 3    otherwise herein provided.
 4        (d)  Civil  penalties  collected under this Section shall
 5    be paid into the State treasury to the credit of  the  Public
 6    Utility Fund.

 7        (220 ILCS 5/10-105) (from Ch. 111 2/3, par. 10-105)
 8        Sec.  10-105.  No person shall be excused from testifying
 9    or from producing any papers, books, accounts or documents in
10    any investigation or inquiry or upon any hearing  ordered  by
11    the  Commission,  when  ordered to do so by the Commission or
12    any commissioner or hearing examiner, upon  the  ground  that
13    the testimony or evidence, documentary or otherwise, may tend
14    to incriminate him or subject him to a penalty or forfeiture.
15    But no person shall be prosecuted or subjected to any penalty
16    or forfeiture for or on account of any transaction, matter or
17    thing  concerning  which  he may testify or produce evidence,
18    documentary  or  otherwise,  before  the  Commission   or   a
19    commissioner   or   hearing  examiner:  Provided,  that  such
20    immunity shall extend  only  to  a  natural  person,  who  in
21    obedience  to  a  subpoena,  gives  testimony  under  oath or
22    produces evidence, documentary or otherwise  under  oath.  No
23    person  so  testifying  shall  be exempt from prosecution and
24    punishment for perjury committed in so testifying.  A  person
25    testifying   shall  be  reasonably  prepared  to  respond  to
26    questions  under  cross-examination   intending   to   elicit
27    information  relevant  and material to matters raised by that
28    person in his testimony.  The Commission or a commissioner or
29    hearing examiner may, on the motion of a party or on its  own
30    motion,  strike in its entirety the testimony of a person who
31    is not reasonably prepared  to  respond  to  questions  under
32    cross-examination  intending  to  elicit information relevant
33    and  material  to  matters  raised  by  that  person  in  his
 
                            -11-     LRB093 08427 JLS 12035 b
 1    testimony.
 2    (Source: P.A. 84-617.)

 3        Section 99.  Effective date.  This Act takes effect  upon
 4    becoming law.