093_HB3321ham001

 










                                     LRB093 08427 JLS 14334 a

 1                    AMENDMENT TO HOUSE BILL 3321

 2        AMENDMENT NO.     .  Amend House Bill  3321  on  page  1,
 3    line 5, by deleting "5-107,"; and

 4    on  page  3,  line  7,  by  changing  "and"  to  "such  other
 5    mitigating  or aggravating factors as the Commission may find
 6    to exist, and"; and

 7    on page 3, line 23, by changing "interest"  to  "interest  at
 8    the  post-judgment  rate  set  forth in Section 2-1303 of the
 9    Code of Civil Procedure"; and

10    on page 4 by deleting lines 32 and 33; and

11    on page 5 by deleting lines 1 through 16; and

12    on page 6, line 28, by changing "$10,000" to $1,000"; and

13    on page 6, line 32, by changing  "any"  to  "any  person  who
14    willfully,  in  a  return  or  report,  withholds or fails to
15    provide material  information  to  which  the  Commission  is
16    entitled  under  this  Act  and  which  information is either
17    required to be filed by statute, rule, regulation, order,  or
18    decision  of  the  Commission  or  has  been requested by the
19    Commission, any"; and

20    on page 6, line 34, by changing "aids" to  "willfully  aids";
 
                            -2-      LRB093 08427 JLS 14334 a
 1    and

 2    on  page  7,  line  20  by  changing  "otherwise  provided in
 3    Sections" to  "provided  in  this  Section  and  in  Sections
 4    13-101,"; and

 5    on page 7 by replacing lines 26 and 27 with the following:
 6    "provided, however, that if the same act or omission violates
 7    more  than  one  provision  of  this  Act,  or  of any order,
 8    decision, rule, regulation, direction, or requirement of  the
 9    Commission,  only  one  penalty  or cumulative penalty may be
10    imposed for such act or omission. In  case  of  a  continuing
11    violation, each day's continuance thereof shall be a separate
12    and  distinct offense, provided, however, that the cumulative
13    penalty  for  any  continuing  violation  shall  not   exceed
14    $500,000,  except  in the case of a small utility, as defined
15    in subsection (b) of Section 4-502 of this Act, in which case
16    the cumulative penalty for any continuing violation shall not
17    exceed $35,000, and provided further that these limits  shall
18    not  apply where the violation was intentional and either (i)
19    created substantial risk  to  the  safety  of  the  utility's
20    employees  or customers or the public or (ii) was intended to
21    cause economic benefits to accrue to the violator and in case
22    of a continuing  violation  each  day's  continuance  thereof
23    shall be a separate and distinct offense."; and

24    on page 8 by replacing lines 7 through 9 with the following:
25    "thereof,  fails  to  seek timely review pursuant to Sections
26    10-113 and 10-201 of this Act within 30 days  of  service  of
27    the  order, the party shall, upon expiration of the statutory
28    time limit 30 days, be"; and

29    on  page  8  by  replacing  lines  11  through  16  with  the
30    following:
31        "No penalties shall accrue under this provision until  15
32    days  after  the mailing of a notice to such party or parties
 
                            -3-      LRB093 08427 JLS 14334 a
 1    that they are in violation of or have failed to  comply  with
 2    the  Act  or order, decision, rule, regulation, direction, or
 3    requirement of  the  Commission  or  any  part  or  provision
 4    thereof,  except  that  this notice provision shall not apply
 5    when the violation was intentional."; and

 6    on page 8, line 19, by deleting "of testimony"; and

 7    on page 8 by replacing lines 23, 24,  25,  and  26  with  the
 8    following:
 9    "facts  or  knowingly  aids  another in doing so or knowingly
10    permits another to misrepresent facts  through  testimony  or
11    the  offering or withholding of material information in any";
12    and

13    on page 8, line 29, by deleting "or circumstances"; and

14    on page 8, line 33, by changing "$5,000" to "$1,000"; and

15    on page 9, line 2, by deleting "or circumstance"; and

16    on page 9, line 3, by changing "separate"  to  "separate  and
17    distinct"; and

18    on  page 9, line 6, by changing "penalty" to "penalty, as set
19    forth in Section 4-203,"; and

20    on page 9 by deleting lines 17 through 34; and

21    on page 10, line 4, by changing "(d)" to "(b)"; and

22    on page  10  by  replacing  lines  24  through  28  with  the
23    following:
24    "punishment  for  perjury  committed  in  so  testifying. The
25    Commission or a commissioner or"; and

26    on page 10, line 30, by changing "in its entirety" to  ",  in
27    whole or in part,".