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91_SB0383
LRB9102461JSpk
1 AN ACT to amend the Public Utilities Act by changing
2 Section 13-516.
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 Section 13-516 as follows:
7 (220 ILCS 5/13-516)
8 (Section scheduled to be repealed on July 1, 2001)
9 Sec. 13-516. Penalties for violation of an
10 interconnection agreement or a Commission order relating to
11 prohibited actions of telecommunications carriers.
12 (a) Notwithstanding any other provision of this Act, the
13 Commission may impose penalties of up to $30,000 per
14 violation of an interconnection agreement, as determined by
15 the Commission pursuant to Section 13-515, or a final
16 Commission order or emergency relief order issued pursuant to
17 Section 13-515 of this Act. Each day of a continuing offense
18 shall be treated as a separate violation for purposes of
19 levying any penalty under this Section. The period for which
20 the fine shall be levied for violation of an interconnection
21 agreement shall commence on the day the carrier began to
22 violate the interconnection agreement, as determined by the
23 Commission. In the event the Commission fines a carrier for
24 a violation of a Commission order, the period for which the
25 fine shall be levied shall commence the day on which the
26 Commission order required requires compliance with the order.
27 The fine and shall continue until the party is in compliance
28 with the interconnection agreement or Commission order.
29 (b) The Commission may waive penalties imposed under
30 subsection (a) if it makes a written finding as to its
31 reasons for waiving the fine. Reasons for waiving a fine
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1 shall include, but not be limited to, technological
2 infeasibility and acts of God.
3 (c) The Commission shall establish by rule procedures
4 for the imposition of penalties under subsection (a) that, at
5 a minimum, provide for notice, hearing and a written order
6 relating to the imposition of penalties.
7 (d) The Commission is authorized to apply to a court of
8 competent jurisdiction for an order requiring payment of
9 penalties imposed under subsection (a).
10 (e) Payment of penalties imposed under subsection (a)
11 shall be made to the Common School Fund within 30 days of
12 issuance of the Commission order imposing the penalties.
13 (Source: P.A. 90-185, eff. 7-23-97.)