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92_SB1055 SRS92SB0008SBap 1 AN ACT to amend the Public Utilities Act by changing 2 Sections 13-506.1, 13-508, 13-515, 13-516, and 13-803 and 3 adding Sections 13-202.1 and 13-408. 4 Be it enacted by the People of the State of Illinois, 5 represented in the General Assembly: 6 Section 5. The Public Utilities Act is amended by 7 changing Sections 13-506.1, 13-508, 13-515, 13-516, and 8 13-803 and adding Sections 13-202.1 and 13-408 as follows: 9 (220 ILCS 5/13-202.1 new) 10 Sec. 13-202.1. Incumbent local exchange carrier. 11 "Incumbent local exchange carrier" means, with respect to an 12 area, the local exchange carrier, including its successors or 13 assigns, that provided telephone exchange service in that 14 area on February 8, 1996 and on that date was deemed to be a 15 member of the exchange carrier association pursuant to 47 16 C.F.R. 69.601(b). 17 (220 ILCS 5/13-408 new) 18 Sec. 13-408. Duties of telecommunications carriers. 19 (a) A telecommunications carrier shall comply with 20 applicable federal laws and federal regulations, orders of 21 the Federal Communications Commission, and orders of the 22 Illinois Commerce Commission. The duty to comply with any 23 federal regulation or order shall not obviate the duty to 24 comply with a rule or order of the Commission. 25 A telecommunications carrier has the duty to interconnect 26 directly or indirectly with the facilities and equipment of 27 other telecommunications carriers and the duty not to install 28 network features, functions, or capabilities that do not 29 comply with the guidelines and standards established pursuant 30 to 47 U.S.C. 255 and 256. -2- SRS92SB0008SBap 1 (b) A local exchange carrier has the following duties: 2 (1) the duty not to prohibit, and not to impose 3 unreasonable or discriminatory conditions or limitations 4 on, the resale of its telecommunications services; 5 (2) the duty to provide, to the extent technically 6 feasible, number portability in accordance with 7 requirements prescribed by the Federal Communications 8 Commission; 9 (3) the duty to provide dialing parity to competing 10 providers of telecommunications services and the duty to 11 permit all of those providers to have nondiscriminatory 12 access to telephone numbers, operator services, directory 13 assistance, and directory listing, with no unreasonable 14 dialing delays; 15 (4) the duty to afford access to the poles, ducts, 16 conduits, and rights-of-way of the carrier to competing 17 providers of telecommunications services on rates, terms, 18 and conditions that are consistent with 47 U.S.C. 224; 19 (5) the duty to establish reciprocal compensation 20 arrangements for the transport and termination of 21 telecommunications. 22 (c) An incumbent local exchange carrier also has the 23 following additional duties: 24 (1) The duty to negotiate in good faith, in 25 accordance with 47 U.S.C. 252, the particular terms and 26 conditions of agreements to fulfill the duties described 27 in paragraphs (1) through (5) of subsection (b) of this 28 Section and in this subsection. The requesting 29 telecommunications carrier also has the duty to negotiate 30 in good faith the terms and conditions of those 31 agreements. 32 (2) The duty to provide, for the facilities and 33 equipment of any requesting telecommunications carrier, 34 interconnection with the local exchange carrier's -3- SRS92SB0008SBap 1 network: 2 (A) for the transmission and routing of 3 telephone exchange service and exchange access; 4 (B) at any technically feasible point within 5 the carrier's network; 6 (C) that is at least equal in quality to that 7 provided by the local exchange carrier to itself or 8 to any subsidiary, affiliate, or other party to 9 which the carrier provides interconnection; and 10 (D) on rates, terms, and conditions that are 11 just, reasonable, and nondiscriminatory, in 12 accordance with the terms and conditions of the 13 agreement and the requirements of this Section and 14 47 U.S.C. 252. 15 (i) An incumbent local exchange carrier 16 shall develop and implement performance 17 measurements designed to (1) measure the 18 quality of service it provides to competing 19 local exchange carriers and (2) to ensure that 20 the quality of service it provides to those 21 carriers is at least equal to the service it 22 provides to itself, its subsidiaries, and its 23 affiliates. The Commission shall establish and 24 publish a list of performance measurements, 25 which shall include all of the performance 26 measurements required to be used by the 27 Commission pursuant to I.C.C. Docket No. 28 98-0555, issued on September 23, 1999. An 29 incumbent local exchange carrier's failure to 30 implement one or more performance measurements 31 or its failure to meet the benchmark level of 32 service prescribed in one or more performance 33 measurements shall result in payment of 34 liquidated damages not to exceed $90,000,000. -4- SRS92SB0008SBap 1 The Commission shall determine the distribution 2 of any fines and the calculation and 3 distribution of any liquidated damages. 4 (ii) An incumbent local exchange carrier 5 shall make available to any requesting carrier 6 in Illinois interconnection arrangements that 7 the incumbent local exchange carrier or any of 8 its subsidiaries or affiliates offer or provide 9 in other states. Incumbent local exchange 10 carriers shall also make available to 11 requesting carriers in Illinois interconnection 12 arrangements that any of its subsidiaries or 13 affiliates has obtained in another state. 14 (3) The duty to provide, to any requesting 15 telecommunications carrier for the provision of a 16 telecommunications service, nondiscriminatory access to 17 network elements on an unbundled basis at any technically 18 feasible point on rates, terms, and conditions that are 19 just, reasonable, and nondiscriminatory in accordance 20 with the terms and conditions of the agreement and the 21 requirements of this Section and 47 U.S.C. 252. An 22 incumbent local exchange carrier shall provide those 23 unbundled network elements in a manner that allows 24 requesting carriers to combine those elements in order to 25 provide telecommunications service. 26 (i) An incumbent local exchange carrier 27 shall provide a carrier purchasing access to 28 unbundled network elements with the 29 pre-ordering, ordering, provisioning, 30 maintenance and repair, and billing functions 31 of the incumbent local exchange carrier's 32 operations support systems. The incumbent 33 local exchange carrier shall provide access to 34 its operations support systems at parity with -5- SRS92SB0008SBap 1 the incumbent local exchange carrier's own 2 access to its operations support systems. 3 Parity access to incumbent local exchange 4 carrier operations support systems must be made 5 available to any requesting carrier no later 6 than January 1, 2002. 7 (4) The duty (A) to offer for resale at wholesale 8 rates any telecommunications service that the carrier 9 provides at retail to subscribers who are not 10 telecommunications carriers and (B) not to prohibit, and 11 not to impose unreasonable or discriminatory conditions 12 or limitations on, the resale of that telecommunications 13 service, except that the Illinois Commerce Commission 14 may, consistent with regulations prescribed by the 15 Federal Communications Commission, prohibit a reseller 16 that obtains at wholesale rates a telecommunications 17 service that is available at retail only to a category of 18 subscribers from offering that service to a different 19 category of subscribers. 20 (5) The duty to provide reasonable public notice of 21 changes in the information necessary for the transmission 22 and routing of services using that local exchange 23 carrier's facilities or networks, as well as of any other 24 changes that would affect the inter-operability of those 25 facilities and networks. 26 (6) The duty to provide, on rates, terms, and 27 conditions that are just, reasonable, and 28 nondiscriminatory, for physical collocation of equipment 29 necessary for interconnection or access to unbundled 30 network elements at the premises of the local exchange 31 carrier, except that the carrier may provide for virtual 32 collocation if the local exchange carrier demonstrates to 33 the Illinois Commerce Commission that physical 34 collocation is not practical for technical reasons or -6- SRS92SB0008SBap 1 because of space limitations. 2 (d) The exemption for certain rural telephone companies 3 as described in 47 U.S.C. 251(f) is adopted and incorporated 4 by reference. 5 (e) The Commission may approve a deadline, other than 6 the deadline provided in this Section, for compliance with a 7 requirement of this Section by a telecommunications carrier 8 with fewer than 35,000 access lines in Illinois if the 9 Commission finds, after notice and hearing, that compliance 10 with a deadline provided in this Section would impair the 11 ability of the petitioning carrier to meet its service 12 obligations, however, the Commission may not approve a 13 deadline for compliance with any requirement of this Section 14 that is later than January 1, 2003. 15 (f) The Commission shall submit a report to the General 16 Assembly no later than 180 days after the effective date of 17 this amendatory Act of the 91st General Assembly, and each 18 180 days thereafter through the end of calendar year 2003, 19 describing the extent to which each telecommunications 20 carrier certificated to provide service in this State is in 21 compliance with each of the requirements of this Section. 22 The report shall also describe the nature, status, and 23 disposition of any complaints filed with the Commission 24 concerning both failure to comply with this Section or 25 violations of Section 13-514. 26 (220 ILCS 5/13-506.1) (from Ch. 111 2/3, par. 13-506.1) 27 (Section scheduled to be repealed on July 1, 2001) 28 Sec. 13-506.1. Alternative forms of regulation for 29 noncompetitive services. 30 (a) Notwithstanding any of the ratemaking provisions of 31 this Article or Article IX that are deemed to require rate of 32 return regulation, the Commission may implement alternative 33 forms of regulation in order to establish just and reasonable -7- SRS92SB0008SBap 1 rates for noncompetitive telecommunications services 2 including, but not limited to, price regulation, earnings 3 sharing, rate moratoria, or a network modernization plan. 4 The Commission is authorized to adopt different forms of 5 regulation to fit the particular characteristics of different 6 telecommunications carriers and their service areas. 7 In addition to the public policy goals declared in 8 Section 13-103, the Commission shall consider, in determining 9 the appropriateness of any alternative form of regulation, 10 whether it will: 11 (1) reduce regulatory delay and costs over time; 12 (2) encourage innovation in services; 13 (3) promote efficiency; 14 (4) facilitate the broad dissemination of technical 15 improvements to all classes of ratepayers; 16 (5) enhance economic development of the State; and 17 (6) provide for fair, just, and reasonable rates. 18 (b) A telecommunications carrier providing 19 noncompetitive telecommunications services may petition the 20 Commission to regulate the rates or charges of its 21 noncompetitive services under an alternative form of 22 regulation. The telecommunications carrier shall submit with 23 its petition its plan for an alternative form of regulation. 24 The Commission shall review and may modify or reject the 25 carrier's proposed plan. The Commission also may initiate 26 consideration of alternative forms of regulation for a 27 telecommunications carrier on its own motion. The Commission 28 may approve the plan or modified plan and authorize its 29 implementation only if it finds, after notice and hearing, 30 that the plan or modified plan at a minimum: 31 (1) is in the public interest; 32 (2) will produce fair, just, and reasonable rates 33 for telecommunications services; 34 (3) responds to changes in technology and the -8- SRS92SB0008SBap 1 structure of the telecommunications industry that are, in 2 fact, occurring; 3 (4) constitutes a more appropriate form of 4 regulation based on the Commission's overall 5 consideration of the policy goals set forth in Section 6 13-103 and this Section; 7 (5) specifically identifies how ratepayers will 8 benefit from any efficiency gains, cost savings arising 9 out of the regulatory change, and improvements in 10 productivity due to technological change; 11 (6) will maintain the quality and availability of 12 telecommunications services; and 13 (7) will not unduly or unreasonably prejudice or 14 disadvantage any particular customer class, including 15 telecommunications carriers. 16 (c) An alternative regulation plan approved under this 17 Section shall provide, as a condition for Commission approval 18 of the plan, that for the first 3 years the plan is in 19 effect, basic residence service rates shall be no higher than 20 those rates in effect 180 days before the filing of the plan. 21 This provision shall not be used as a justification or 22 rationale for an increase in basic service rates for any 23 other customer class. For purposes of this Section, "basic 24 residence service rates" shall mean monthly recurring charges 25 for the telecommunications carrier's lowest priced primary 26 residence network access lines, along with any associated 27 untimed or flat rate local usage charges. Nothing in this 28 subsection (c) shall preclude the Commission from approving 29 an alternative regulation plan that results in rate 30 reductions provided all the requirements of subsection (b) 31 are satisfied by the plan. 32 (d) Any alternative form of regulation granted for a 33 multi-year period under this Section shall provide for annual 34 or more frequent reporting to the Commission to document that -9- SRS92SB0008SBap 1 the requirements of the plan are being properly implemented. 2 (e) Upon petition by the telecommunications carrier or 3 any other person or upon its own motion, the Commission may 4 rescind its approval of an alternative form of regulation if, 5 after notice and hearing, it finds that the conditions set 6 forth in subsection (b) of this Section can no longer be 7 satisfied. Any person may file a complaint alleging that the 8 rates charged by a telecommunications carrier under an 9 alternative form of regulation are unfair, unjust, 10 unreasonable, unduly discriminatory, or are otherwise not 11 consistent with the requirements of this Article; provided, 12 that the complainant shall bear the burden of proving the 13 allegations in the complaint. 14 (f) Nothing in this Section shall be construed to 15 authorize the Commission to render Sections 9-241, 9-250, and 16 13-505.2 inapplicable to noncompetitive services. 17 (g) If an incumbent local exchange carrier fails to 18 comply with any of the effective requirements of Section 19 13-408, that carrier may not be regulated under an 20 alternative form of regulation. The Commission may not 21 approve an alternative regulation plan for an incumbent local 22 exchange carrier not in compliance with Section 13-408. For 23 an incumbent local exchange carrier in violation of Section 24 13-408 and operating under an already-approved alternative 25 regulation plan, the Commission shall immediately impose rate 26 of return regulation and commence a rate proceeding pursuant 27 to Section 9-201 to determine just and reasonable rates. 28 (Source: P.A. 87-856.) 29 (220 ILCS 5/13-508) (from Ch. 111 2/3, par. 13-508) 30 (Section scheduled to be repealed on July 1, 2001) 31 Sec. 13-508. (a) The Commission is authorized, after 32 notice and hearing, to order a telecommunications carrier 33 which offers or provides both competitive and noncompetitive -10- SRS92SB0008SBap 1 telecommunications service to establish a fully separated 2 subsidiary to provide all or part of such competitive service 3 where: 4 (1)
(a)no less costly means is available and 5 effective in fully and properly identifying and 6 allocating costs between such carrier's competitive and 7 noncompetitive telecommunications services; and 8 (2) (b)the incremental cost of establishing and 9 maintaining such subsidiary would not require increases 10 in rates or charges to levels which would effectively 11 preclude the offer or provision of the affected 12 competitive telecommunications service. 13 (b) The Commission shall, after notice and hearing, order 14 structural separation of an incumbent local exchange carrier 15 if, after January 1, 2002, the carrier is not in compliance 16 with Section 13-408. Structural separation means the 17 separation of an incumbent local exchange carrier's network 18 element facilities, services, and business into an 19 independent, publicly-owned company separate and apart from 20 the incumbent local exchange carrier's retail services. 21 (Source: P.A. 84-1063.) 22 (220 ILCS 5/13-515) 23 (Section scheduled to be repealed on July 1, 2001) 24 Sec. 13-515. Enforcement. 25 (a) The following expedited procedures shall be used to 26 enforce the provisions of Sections Section13-408 and 13-514 27 of this Act except as provided in subsection (b). However, 28 the Commission, the complainant, and the respondent may 29 mutually agree to adjust the procedures established in this 30 Section. If the Commission determines, pursuant to31 subsection (b), that the procedural provisions of this32 Section do not apply, the complaint shall continue pursuant33 to the general complaint provisions of Article X.-11- SRS92SB0008SBap 1 (b) (Blank). The provisions of this Section shall not2 apply to an allegation of a violation of item (8) of Section3 13-514 by a Bell operating company, as defined in Section 34 of the federal Telecommunications Act of 1996, unless and5 until such company or its affiliate is authorized to provide6 inter-LATA services under Section 271(d) of the federal7 Telecommunications Act of 1996; provided, however, that a8 complaint setting forth a separate independent basis for a9 violation of Section 13-514 may proceed under this Section10 notwithstanding that the alleged acts or omissions may also11 constitute a violation of item (8) of Section 13-514.12 (c) No complaint may be filed under this Section until 13 the complainant has first notified the respondent of the 14 alleged violation and offered the respondent 48 hours to 15 correct the situation. Provision of notice and the 16 opportunity to correct the situation creates a rebuttable 17 presumption of knowledge under Section 13-514. 18 (d) A telecommunications carrier may file a complaint 19 with the Commission alleging a violation of Section 13-514 in 20 accordance with this subsection: 21 (1) The complaint shall be filed with the Chief 22 Clerk of the Commission and shall be served in hand upon 23 the respondent, the executive director, and the general 24 counsel of the Commission at the time of the filing. 25 (2) A complaint filed under this subsection shall 26 include a statement that the requirements of subsection 27 (c) have been fulfilled and that the respondent did not 28 correct the situation as requested. 29 (3) Reasonable discovery specific to the issue of 30 the complaint may commence upon filing of the complaint. 31 Requests for discovery must be served in hand and 32 responses to discovery must be provided in hand to the 33 requester within 14 days after a request for discovery is 34 made. -12- SRS92SB0008SBap 1 (4) An answer and any other responsive pleading to 2 the complaint shall be filed with the Commission and 3 served in hand at the same time upon the complainant, the 4 executive director, and the general counsel of the 5 Commission within 7 days after the date on which the 6 complaint is filed. 7 (5) If the answer or responsive pleading raises the 8 issue that the complaint violates subsection (i) of this 9 Section, the complainant may file a reply to such 10 allegation within 3 days after actual service of such 11 answer or responsive pleading. Within 4 days after the 12 time for filing a reply has expired, the hearing officer 13 or arbitrator shall either issue a written decision 14 dismissing the complaint as frivolous in violation of 15 subsection (i) of this Section including the reasons for 16 such disposition or shall issue an order directing that 17 the complaint shall proceed. 18 (6) A pre-hearing conference shall be held within 19 14 days after the date on which the complaint is filed. 20 (7) The hearing shall commence within 30 days of 21 the date on which the complaint is filed. The hearing 22 may be conducted by a hearing examiner or by an 23 arbitrator. Parties and the Commission staff shall be 24 entitled to present evidence and legal argument in oral 25 or written form as deemed appropriate by the hearing 26 examiner or arbitrator. The hearing examiner or 27 arbitrator shall issue a written decision within 60 days 28 after the date on which the complaint is filed. The 29 decision shall include reasons for the disposition of the 30 complaint and, if a violation of Section 13-514 is found, 31 directions and a deadline for correction of the 32 violation. 33 (8) Any party may file a petition requesting the 34 Commission to review the decision of the hearing examiner -13- SRS92SB0008SBap 1 or arbitrator within 5 days of such decision. Any party 2 may file a response to a petition for review within 3 3 business days after actual service of the petition. 4 After the time for filing of the petition for review, but 5 no later than 15 days after the decision of the hearing 6 examiner or arbitrator, the Commission shall decide to 7 adopt the decision of the hearing examiner or arbitrator 8 or shall issue its own final order. 9 (e) If the alleged violation has a substantial adverse 10 effect on the ability of the complainant to provide service 11 to customers, the complainant may include in its complaint a 12 request for an order for emergency relief. The Commission, 13 acting through its designated hearing examiner or arbitrator, 14 shall act upon such a request within 2 business days of the 15 filing of the complaint. An order for emergency relief may 16 be granted, without an evidentiary hearing, upon a verified 17 factual showing that the party seeking relief will likely 18 succeed on the merits, that the party will suffer irreparable 19 harm in its ability to serve customers if emergency relief is 20 not granted, and that the order is in the public interest. 21 An order for emergency relief shall include a finding that 22 the requirements of this subsection have been fulfilled and 23 shall specify the directives that must be fulfilled by the 24 respondent and deadlines for meeting those directives. The 25 decision of the hearing examiner or arbitrator to grant or 26 deny emergency relief shall be considered an order of the 27 Commission unless the Commission enters its own order within 28 2 calendar days of the decision of the hearing examiner or 29 arbitrator. The order for emergency relief may require the 30 responding party to act or refrain from acting so as to 31 protect the provision of competitive service offerings to 32 customers. Any action required by an emergency relief order 33 must be technically feasible and economically reasonable and 34 the respondent must be given a reasonable period of time to -14- SRS92SB0008SBap 1 comply with the order. 2 (f) The Commission is authorized to obtain outside 3 resources including, but not limited to, arbitrators and 4 consultants for the purposes of the hearings authorized by 5 this Section. Any arbitrator or consultant obtained by the 6 Commission shall be approved by both parties to the hearing. 7 The cost of such outside resources including, but not limited 8 to, arbitrators and consultants shall be borne by the 9 parties. The Commission shall review the bill for 10 reasonableness and assess the parties for reasonable costs 11 dividing the costs according to the resolution of the 12 complaint brought under this Section. Such costs shall be 13 paid by the parties directly to the arbitrators, consultants, 14 and other providers of outside resources within 60 days after 15 receiving notice of the assessments from the Commission. 16 Interest at the statutory rate shall accrue after expiration 17 of the 60-day period. The Commission, arbitrators, 18 consultants, or other providers of outside resources may 19 apply to a court of competent jurisdiction for an order 20 requiring payment. 21 (g) The Commission shall assess the parties under this 22 subsection for all of the Commission's costs of investigation 23 and conduct of the proceedings brought under this Section 24 including, but not limited to, the prorated salaries of 25 staff, attorneys, hearing examiners, and support personnel 26 and including any travel and per diem, directly attributable 27 to the complaint brought pursuant to this Section, but 28 excluding those costs provided for in subsection (f), 29 dividing the costs according to the resolution of the 30 complaint brought under this Section. All assessments made 31 under this subsection shall be paid into the Public Utility 32 Fund within 60 days after receiving notice of the assessments 33 from the Commission. Interest at the statutory rate shall 34 accrue after the expiration of the 60 day period. The -15- SRS92SB0008SBap 1 Commission is authorized to apply to a court of competent 2 jurisdiction for an order requiring payment. 3 (h) If the Commission determines that there is an 4 imminent threat to competition or to the public interest, the 5 Commission may, notwithstanding any other provision of this 6 Act, seek temporary, preliminary, or permanent injunctive 7 relief from a court of competent jurisdiction either prior to 8 or after the hearing. 9 (i) A party shall not bring or defend a proceeding 10 brought under this Section or assert or controvert an issue 11 in a proceeding brought under this Section, unless there is a 12 non-frivolous basis for doing so. By presenting a pleading, 13 written motion, or other paper in complaint or defense of the 14 actions or inaction of a party under this Section, a party is 15 certifying to the Commission that to the best of that party's 16 knowledge, information, and belief, formed after a reasonable 17 inquiry of the subject matter of the complaint or defense, 18 that the complaint or defense is well grounded in law and 19 fact, and under the circumstances: 20 (1) it is not being presented to harass the other 21 party, cause unnecessary delay in the provision of 22 competitive telecommunications services to consumers, or 23 create needless increases in the cost of litigation; and 24 (2) the allegations and other factual contentions 25 have evidentiary support or, if specifically so 26 identified, are likely to have evidentiary support after 27 reasonable opportunity for further investigation or 28 discovery as defined herein. 29 (j) If, after notice and a reasonable opportunity to 30 respond, the Commission determines that subsection (i) has 31 been violated, the Commission shall impose appropriate 32 sanctions upon the party or parties that have violated 33 subsection (i) or are responsible for the violation. The 34 sanctions shall be not more than $7,500, plus the amount of -16- SRS92SB0008SBap 1 expenses accrued by the Commission for conducting the 2 hearing. Payment of sanctions imposed under this subsection 3 shall be made to the Common School Fund within 30 days of 4 imposition of such sanctions. 5 (k) An appeal of a Commission Order made pursuant to 6 this Section shall not effectuate a stay of the Order unless 7 a court of competent jurisdiction specifically finds that the 8 party seeking the stay will likely succeed on the merits, 9 that the party will suffer irreparable harm without the stay, 10 and that the stay is in the public interest. 11 (Source: P.A. 90-185, eff. 7-23-97; 90-574, eff. 3-20-98.) 12 (220 ILCS 5/13-516) 13 (Section scheduled to be repealed on July 1, 2001) 14 Sec. 13-516. Penalties for violation of a Commission 15 order relating to prohibited actions of telecommunications 16 carriers. 17 (a) Notwithstanding any other provision of this Act, 18 upon a finding of a violation of Section 13-515, the 19 Commission may impose penalties of up to $30,000 per 20 violation and upon a finding of a violation of Section 21 13-408, the Commission may impose penalties of up to 22 $1,000,000 per violation of a final order or emergency relief23 order issued pursuant to Section 13-515 of this Act. Each 24 day of a continuing offense shall be treated as a separate 25 violation for purposes of levying any penalty under this 26 Section. The period for which the fine shall be levied shall 27 commence on the day the Commission order requires compliance 28 with the order and shall continue until the party is in 29 compliance with the Commission order. 30 (b) The Commission may waive penalties imposed under 31 subsection (a) if it makes a written finding as to its 32 reasons for waiving the fine. Reasons for waiving a fine 33 shall include, but not be limited to, technological -17- SRS92SB0008SBap 1 infeasibility and acts of God. 2 (c) The Commission shall establish by rule procedures 3 for the imposition of penalties under subsection (a) that, at 4 a minimum, provide for notice, hearing and a written order 5 relating to the imposition of penalties. 6 (d) The Commission is authorized to apply to a court of 7 competent jurisdiction for an order requiring payment of 8 penalties imposed under subsection (a). 9 (e) Payment of penalties imposed under subsection (a) 10 shall be made to the Common School Fund within 30 days of 11 issuance of the Commission order imposing the penalties. 12 (Source: P.A. 90-185, eff. 7-23-97.) 13 (220 ILCS 5/13-803) (from Ch. 111 2/3, par. 13-803) 14 (Section scheduled to be repealed on July 1, 2001) 15 Sec. 13-803. Repealer. The provisions of this Article 16 XIII are repealed effective July 1, 2006 2001. 17 (Source: P.A. 90-185, eff. 7-23-97.) 18 Section 99. Effective date. This Act takes effect upon 19 becoming law.
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