State of Illinois
91st General Assembly
Legislation

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91_HB4466eng

 
HB4466 Engrossed                               LRB9109277JSpc

 1        AN  ACT  to amend the Illinois Gas Pipeline Safety Act by
 2    changing Section 7.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Illinois  Gas  Pipeline  Safety Act is
 6    amended by changing Section 7 as follows:

 7        (220 ILCS 20/7) (from Ch. 111 2/3, par. 557)
 8        Sec. 7.  Penalties; action for penalties.
 9        (a) Any person violating paragraph (a) of  Section  6  of
10    this  Act  or  any  rule  or  order  issued under this Act is
11    subject  to  a  civil  penalty  not  to  exceed  the  maximum
12    penalties established by Section 60122(a)(1) of Title  49  of
13    the  United  States  Code  of  not more than $10,000 for each
14    violation for each day the violation  persists.  The  maximum
15    civil  penalty may not exceed $500,000 for any related series
16    of violations.  Such  civil  penalties  do  not  apply  to  a
17    violation with respect to a pipeline facility in existence on
18    the effective date of this Act unless such violation persists
19    one year from the effective date.
20        (b)  Any   civil   penalty  may  be  compromised  by  the
21    Commission. In determining the amount of the penalty, or  the
22    amount  agreed  upon  in  compromise,  the  Commission  shall
23    consider  the  appropriateness  of the penalty to the size of
24    the business of  the  person  charged,  the  gravity  of  the
25    violation,  and  the  good  faith  of  the  person charged in
26    attempting to achieve compliance,  after  notification  of  a
27    violation. The amount of the penalty when finally determined,
28    or the amount agreed upon in compromise, may be deducted from
29    any sums owing by the State of Illinois to the person charged
30    or  may  be  recovered  in  a civil action in accordance with
31    paragraph (c) of this Section 7.
 
HB4466 Engrossed            -2-                LRB9109277JSpc
 1        (c)  Actions to recover penalties under this Act shall be
 2    brought in the name of the People of the State of Illinois in
 3    the circuit court in and for the county in which the cause or
 4    some  part  thereof,  arose  or  in  which  the   corporation
 5    complained of, if any, has its principal place of business or
 6    in  which  the  person,  if  any, complained of, resides. All
 7    penalties recovered by the State in any action shall be  paid
 8    into the general fund of the State Treasury. The action shall
 9    be commenced and prosecuted to final judgment by the Attorney
10    General on behalf of the Commission. In all such actions, the
11    procedure  and rules of evidence shall conform with the Civil
12    Practice Law and other rules of court governing civil trials.
13        (d)  In addition the Commission may proceed under Section
14    4-202 10-204 of the Public Utilities Act, either by  mandamus
15    or   injunction,   to   secure  compliance  with  its  rules,
16    regulations and orders issued under this Act.
17        (e)  Any person  penalized  under  this  Section  is  not
18    subject, for the same cause, to any other penalty provided in
19    the Public Utilities Act.
20    (Source: P.A. 87-1092.)

21        Section  99.  Effective date.  This Act takes effect upon
22    becoming law.

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