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";
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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
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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,".