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| [ Introduced ] | [ Senate Amendment 001 ] |
92_SB2221eng SB2221 Engrossed LRB9211309JSpcA 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, and 5-202 as follows: 6 (220 ILCS 5/4-202) (from Ch. 111 2/3, par. 4-202) 7 Sec. 4-202. Action for injunction. Whenever the 8 Commission shall be of the opinion that any public utility is 9 failing or omitting or about to fail or omit,to do anything 10 required of it by law,or by any order, decision, rule, 11 regulation, direction, or requirement of the Commission, 12 issued or made under authority of this Act, or is doing 13 anything or about to do anything or permitting anything or 14 about to permit anything to be done,contrary to or in 15 violation of law or any order, decision, rule, regulation, 16 direction, or requirement of the Commission, issued or made 17 under authority of this Act, the Commission shall file an 18 action or proceeding in the circuit court in and for the 19 county in which the case or some part thereof arose, or in 20 which the person or corporation complained of, if any, has 21 its principal place of business, or in which the person 22 complained of, if any, resides, in the name of the People of 23 the State of Illinois, for the purpose of having the 24 violation or threatened violation stopped and prevented, 25 either by mandamus or injunction. 26 The Commission may express its opinion in a resolution 27 based upon whatever facts and evidence have come to its 28 attention and may issue the resolution ex parte and without 29 holding any administrative hearing before bringing suit. 30 Except in cases involving an imminent threat to the public 31 health or public safety, no such resolution shall be adopted SB2221 Engrossed -2- LRB9211309JSpcA 1 until 48 hours after the public utility has been given notice 2 of (i) the substance of the alleged violation, including a 3 citation to the law or order, decision, rule, regulation, or 4 direction of the Commission alleged to have been violated and 5 (ii) the time and date of the meeting at which such 6 resolution will first be before the Commission for 7 consideration. 8 The Commission shall file the action or proceeding by 9 complaint in the circuit court,alleging the violation or 10 threatened violation complained of,and praying for 11 appropriate relief by way of mandamus or injunction. It 12 shall thereupon be the duty of the court to specify a time, 13 not exceeding 20 days after the service of the copy of the 14 complaint, within which the public utility complained of must 15 answer the complaint, and in the meantime said public utility 16 may be restrained. In case of default in answer, or after 17 answer, the court shall immediately inquire into the facts 18 and circumstances of the case. Such corporation or persons 19 as the court may deem necessary or proper to be joined as 20 parties, in order to make its judgment,or order effective, 21 may be joined as parties. The final judgment in any action 22 or proceeding shall either dismiss the action or proceeding 23 or grant relief by mandamus or injunction or be made 24 permanent as prayed for in the complaint, or in such modified 25 or other form as will afford appropriate relief. An appeal 26 may be taken from such final judgment as in other civil 27 cases. 28 (Source: P.A. 84-617.) 29 (220 ILCS 5/4-203) (from Ch. 111 2/3, par. 4-203) 30 Sec. 4-203. Action to recover penalties. 31 (a) All civil penalties established under this Act shall 32 be assessed and collected by the Commission. Except for the 33 penalties provided under Section 2-202, civil penalties may SB2221 Engrossed -3- LRB9211309JSpcA 1 be assessed only after notice and opportunity to be heard. 2 Any such civil penalty may be compromised by the Commission. 3 In determining the amount of the penalty, or the amount 4 agreed to in compromise, the Commission shall consider the 5 appropriateness of the penalty to the size of the business of 6 the public utility, corporation other than a public utility, 7 or person acting as a public utility charged, the gravity of 8 the violation, and the good faith of the public utility, 9 corporation other than a public utility, or person acting as 10 a public utility charged in attempting to achieve compliance 11 after notification of a violation. Nothing in this Section, 12 however, increases or decreases any minimum or maximum 13 penalty prescribed elsewhere in this Act. 14 (b) If timely judicial review of a Commission order that 15 imposes a civil penalty is taken by the public utility, 16 corporation other than a public utility, or person acting as 17 a public utility on which the civil penalty has been imposed, 18 the reviewing court shall enter a judgment on all amounts 19 upon affirmance of the Commission order. If timely judicial 20 review is not taken and the civil penalty remains unpaid for 21 60 days after service of the order, the Commission in its 22 discretion may either begin revocation proceedings or bring 23 suit to recover the penalties. Unless stayed by a reviewing 24 court, interest shall accrue from 60 days after the date of 25 service of the Commission order. 26 (c) Actions to recover delinquent civil penalties under 27 this Act shall be brought in the name of the People of the 28 State of Illinois in the circuit court in and for the county 29 in which the cause, or some part thereof, arose, or in which 30 the corporation complained of, if any, has its principal 31 place of business, or in which the person, if any, complained 32 of, resides. The action shall be commenced and prosecuted to 33 final judgment by the Commission. In any such action, all 34 interest incurred up to the time of final court judgment may SB2221 Engrossed -4- LRB9211309JSpcA 1 be sued for and recovered in that action. In all such 2 actions, the procedure and rules of evidence shall be the 3 same as in ordinary civil actions, except as otherwise herein 4 provided. All fines and penalties recovered by the State in 5 any such action shall be paid into the State treasury to the 6 credit of the General Revenue Fund. Any such action may be 7 compromised or discontinued on application of the Commission 8 upon such terms as the court shall approve and order. 9 (d) Civil penalties related to the late filing of 10 reports, taxes, or other filings shall be paid into the State 11 treasury to the credit of the Public Utility Fund. Except as 12 otherwise provided in this Act, all other fines and civil 13 penalties shall be paid into the State treasury to the credit 14 of the General Revenue Fund.Except as otherwise provided in15this Act, actions to recover penalties under this Act shall16be brought in the name of the People of the State of Illinois17in the circuit court in and for the county in which the18cause, or some part thereof, arose, or in which the19corporation complained of, if any, has its principal place of20business, or in which the person, if any, complained of,21resides. The action shall be commenced and prosecuted to22final judgment by the Commission. In any such action, all23penalties incurred up to the time of commencing the same may24be sued for and recovered. In all such actions, the procedure25and rules of evidence shall be the same as in ordinary civil26actions, except as otherwise herein provided. All fines and27penalties recovered by the State in any such action shall be28paid into the State treasury to the credit of the general29fund. Any such action may be compromised or discontinued on30application of the Commission upon such terms as the court31shall approve and order.32 (Source: P.A. 84-617.) 33 (220 ILCS 5/5-202) (from Ch. 111 2/3, par. 5-202) SB2221 Engrossed -5- LRB9211309JSpcA 1 Sec. 5-202. Violations; penalty. Any public utility,or2 any corporation other than a public utility, or any person 3 acting as a public utility, thatwhichviolates or fails to 4 comply with any provisions of this Act,or thatwhichfails 5 to obey, observe, or comply with any order, decision, rule, 6 regulation, direction, or requirement, or any part or 7 provision thereof, of the Commission, made or issued under 8 authority of this Act, in a case in which a penalty is not 9 otherwise provided for in this Act, shall be subject to a 10 civil penalty imposed in the manner provided in Section 11 4-203. A small public utility, as defined in subsection (b) 12 of Section 4-502 of this Act, is subject to a civil penalty 13 of not less than $500 nor more than $2,000 for each and every 14 offense. All other public utilities, corporations other than 15 a public utility, and persons acting as a public utility are 16 subject to a civil penalty of up to $30,000 for each and 17 every offense. 18 Every violation of the provisions of this Act or of any 19 order, decision, rule, regulation, direction, or requirement 20 of the Commission, or any part or portion thereof, by any 21 corporation or person, is a separate and distinct offense, 22 and in case of a continuing violation, each day's continuance 23 thereof shall be a separate and distinct offense; provided, 24 however, that the cumulative penalty for any continuing 25 violation shall not exceed $500,000. 26 In construing and enforcing the provisions of this Act 27 relating to penalties, the act, omission, or failure of any 28 officer, agent, or employee of any public utility, 29 corporation other than a public utility, or person acting as 30 a public utility, that is acting within the scope of his 31 official duties or employment, shall in every case be deemed 32 to be the act, omission, or failure of such public utility, 33 corporation other than a public utility, or person acting as 34 a public utility. SB2221 Engrossed -6- LRB9211309JSpcA 1 If the party who has violated or failed to comply with 2 this Act or an order, decision, rule, regulation, direction, 3 or requirement of the Commission, or any part or provision 4 thereof, fails to seek review pursuant to Sections 10-113 and 5 10-201 of this Act within 30 days afterofservice of the 6 order, the party shall, upon expiration of the 30 days, be 7 subject to the civil penalty provision of this Section. 8No penalties shall accrue under this provision until 159days after the mailing of a notice to such party or parties10that they are in violation of or have failed to comply with11the Act or order, decision, rule, regulation, direction, or12requirement of the Commission or any part or provision13thereof.14 (Source: P.A. 87-164.) 15 Section 99. Effective date. This Act takes effect upon 16 becoming law.