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91_SB1665
LRB9112800JSpc
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.
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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
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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. All
29 performance measurements mandated by the
30 Commission shall be fully implemented no later
31 than June 1, 2000. The Commission shall make
32 the determination as to whether all required
33 performance measurements have been fully
34 implemented by June 1, 2000. An incumbent
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1 local exchange carrier shall be fined
2 $30,000,000 for failure to implement all
3 performance measurements by June 1, 2000. An
4 incumbent local exchange carrier's failure to
5 implement one or more performance measurements
6 or its failure to meet the benchmark level of
7 service prescribed in one or more performance
8 measurements shall result in payment of
9 liquidated damages not to exceed $90,000,000.
10 The Commission shall determine the distribution
11 of any fines and the calculation and
12 distribution of any liquidated damages.
13 (ii) An incumbent local exchange carrier
14 shall make available to any requesting carrier
15 in Illinois interconnection arrangements that
16 the incumbent local exchange carrier or any of
17 its subsidiaries or affiliates offer or provide
18 in other states. Incumbent local exchange
19 carriers shall also make available to
20 requesting carriers in Illinois interconnection
21 arrangements that any of its subsidiaries or
22 affiliates has obtained in another state. These
23 interconnection provisions shall be available
24 in Illinois no later than June 1, 2000.
25 (3) The duty to provide, to any requesting
26 telecommunications carrier for the provision of a
27 telecommunications service, nondiscriminatory access to
28 network elements on an unbundled basis at any technically
29 feasible point on rates, terms, and conditions that are
30 just, reasonable, and nondiscriminatory in accordance
31 with the terms and conditions of the agreement and the
32 requirements of this Section and 47 U.S.C. 252. An
33 incumbent local exchange carrier shall provide those
34 unbundled network elements in a manner that allows
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1 requesting carriers to combine those elements in order to
2 provide telecommunications service.
3 (i) An incumbent local exchange carrier
4 shall provide a carrier purchasing access to
5 unbundled network elements with the
6 pre-ordering, ordering, provisioning,
7 maintenance and repair, and billing functions
8 of the incumbent local exchange carrier's
9 operations support systems. The incumbent
10 local exchange carrier shall provide access to
11 its operations support systems at parity with
12 the incumbent local exchange carrier's own
13 access to its operations support systems.
14 Parity access to incumbent local exchange
15 carrier operations support systems must be made
16 available to any requesting carrier no later
17 than January 1, 2002.
18 (4) The duty (A) to offer for resale at wholesale
19 rates any telecommunications service that the carrier
20 provides at retail to subscribers who are not
21 telecommunications carriers and (B) not to prohibit, and
22 not to impose unreasonable or discriminatory conditions
23 or limitations on, the resale of that telecommunications
24 service, except that the Illinois Commerce Commission
25 may, consistent with regulations prescribed by the
26 Federal Communications Commission, prohibit a reseller
27 that obtains at wholesale rates a telecommunications
28 service that is available at retail only to a category of
29 subscribers from offering that service to a different
30 category of subscribers.
31 (5) The duty to provide reasonable public notice of
32 changes in the information necessary for the transmission
33 and routing of services using that local exchange
34 carrier's facilities or networks, as well as of any other
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1 changes that would affect the inter-operability of those
2 facilities and networks.
3 (6) The duty to provide, on rates, terms, and
4 conditions that are just, reasonable, and
5 nondiscriminatory, for physical collocation of equipment
6 necessary for interconnection or access to unbundled
7 network elements at the premises of the local exchange
8 carrier, except that the carrier may provide for virtual
9 collocation if the local exchange carrier demonstrates to
10 the Illinois Commerce Commission that physical
11 collocation is not practical for technical reasons or
12 because of space limitations.
13 (d) The exemption for certain rural telephone companies
14 as described in 47 U.S.C. 251(f) is adopted and incorporated
15 by reference.
16 (e) The Commission may approve a deadline, other than
17 the deadline provided in this Section, for compliance with a
18 requirement of this Section by a telecommunications carrier
19 with fewer than 1,000,000 access lines in Illinois if the
20 Commission finds, after notice and hearing, that compliance
21 with a deadline provided in this Section would impair the
22 ability of the petitioning carrier to meet its service
23 obligations, however, the Commission may not approve a
24 deadline for compliance with any requirement of this Section
25 that is later than January 1, 2003.
26 (f) The Commission shall submit a report to the General
27 Assembly no later than 180 days after the effective date of
28 this amendatory Act of the 91st General Assembly, and each
29 180 days thereafter through the end of calendar year 2003,
30 describing the extent to which each telecommunications
31 carrier certificated to provide service in this State is in
32 compliance with each of the requirements of this Section.
33 The report shall also describe the nature, status, and
34 disposition of any complaints filed with the Commission
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1 concerning both failure to comply with this Section or
2 violations of Section 13-514.
3 (220 ILCS 5/13-506.1) (from Ch. 111 2/3, par. 13-506.1)
4 (Section scheduled to be repealed on July 1, 2001)
5 Sec. 13-506.1. Alternative forms of regulation for
6 noncompetitive services.
7 (a) Notwithstanding any of the ratemaking provisions of
8 this Article or Article IX that are deemed to require rate of
9 return regulation, the Commission may implement alternative
10 forms of regulation in order to establish just and reasonable
11 rates for noncompetitive telecommunications services
12 including, but not limited to, price regulation, earnings
13 sharing, rate moratoria, or a network modernization plan.
14 The Commission is authorized to adopt different forms of
15 regulation to fit the particular characteristics of different
16 telecommunications carriers and their service areas.
17 In addition to the public policy goals declared in
18 Section 13-103, the Commission shall consider, in determining
19 the appropriateness of any alternative form of regulation,
20 whether it will:
21 (1) reduce regulatory delay and costs over time;
22 (2) encourage innovation in services;
23 (3) promote efficiency;
24 (4) facilitate the broad dissemination of technical
25 improvements to all classes of ratepayers;
26 (5) enhance economic development of the State; and
27 (6) provide for fair, just, and reasonable rates.
28 (b) A telecommunications carrier providing
29 noncompetitive telecommunications services may petition the
30 Commission to regulate the rates or charges of its
31 noncompetitive services under an alternative form of
32 regulation. The telecommunications carrier shall submit with
33 its petition its plan for an alternative form of regulation.
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1 The Commission shall review and may modify or reject the
2 carrier's proposed plan. The Commission also may initiate
3 consideration of alternative forms of regulation for a
4 telecommunications carrier on its own motion. The Commission
5 may approve the plan or modified plan and authorize its
6 implementation only if it finds, after notice and hearing,
7 that the plan or modified plan at a minimum:
8 (1) is in the public interest;
9 (2) will produce fair, just, and reasonable rates
10 for telecommunications services;
11 (3) responds to changes in technology and the
12 structure of the telecommunications industry that are, in
13 fact, occurring;
14 (4) constitutes a more appropriate form of
15 regulation based on the Commission's overall
16 consideration of the policy goals set forth in Section
17 13-103 and this Section;
18 (5) specifically identifies how ratepayers will
19 benefit from any efficiency gains, cost savings arising
20 out of the regulatory change, and improvements in
21 productivity due to technological change;
22 (6) will maintain the quality and availability of
23 telecommunications services; and
24 (7) will not unduly or unreasonably prejudice or
25 disadvantage any particular customer class, including
26 telecommunications carriers.
27 (c) An alternative regulation plan approved under this
28 Section shall provide, as a condition for Commission approval
29 of the plan, that for the first 3 years the plan is in
30 effect, basic residence service rates shall be no higher than
31 those rates in effect 180 days before the filing of the plan.
32 This provision shall not be used as a justification or
33 rationale for an increase in basic service rates for any
34 other customer class. For purposes of this Section, "basic
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1 residence service rates" shall mean monthly recurring charges
2 for the telecommunications carrier's lowest priced primary
3 residence network access lines, along with any associated
4 untimed or flat rate local usage charges. Nothing in this
5 subsection (c) shall preclude the Commission from approving
6 an alternative regulation plan that results in rate
7 reductions provided all the requirements of subsection (b)
8 are satisfied by the plan.
9 (d) Any alternative form of regulation granted for a
10 multi-year period under this Section shall provide for annual
11 or more frequent reporting to the Commission to document that
12 the requirements of the plan are being properly implemented.
13 (e) Upon petition by the telecommunications carrier or
14 any other person or upon its own motion, the Commission may
15 rescind its approval of an alternative form of regulation if,
16 after notice and hearing, it finds that the conditions set
17 forth in subsection (b) of this Section can no longer be
18 satisfied. Any person may file a complaint alleging that the
19 rates charged by a telecommunications carrier under an
20 alternative form of regulation are unfair, unjust,
21 unreasonable, unduly discriminatory, or are otherwise not
22 consistent with the requirements of this Article; provided,
23 that the complainant shall bear the burden of proving the
24 allegations in the complaint.
25 (f) Nothing in this Section shall be construed to
26 authorize the Commission to render Sections 9-241, 9-250, and
27 13-505.2 inapplicable to noncompetitive services.
28 (g) If an incumbent local exchange carrier fails to
29 comply with any of the effective requirements of Section
30 13-408, that carrier may not be regulated under an
31 alternative form of regulation. The Commission may not
32 approve an alternative regulation plan for an incumbent local
33 exchange carrier not in compliance with Section 13-408. For
34 an incumbent local exchange carrier in violation of Section
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1 13-408 and operating under an already-approved alternative
2 regulation plan, the Commission shall immediately impose rate
3 of return regulation and commence a rate proceeding pursuant
4 to Section 9-201 to determine just and reasonable rates.
5 (Source: P.A. 87-856.)
6 (220 ILCS 5/13-508) (from Ch. 111 2/3, par. 13-508)
7 (Section scheduled to be repealed on July 1, 2001)
8 Sec. 13-508. (a) The Commission is authorized, after
9 notice and hearing, to order a telecommunications carrier
10 which offers or provides both competitive and noncompetitive
11 telecommunications service to establish a fully separated
12 subsidiary to provide all or part of such competitive service
13 where:
14 (1)(a) no less costly means is available and
15 effective in fully and properly identifying and
16 allocating costs between such carrier's competitive and
17 noncompetitive telecommunications services; and
18 (2)(b) the incremental cost of establishing and
19 maintaining such subsidiary would not require increases
20 in rates or charges to levels which would effectively
21 preclude the offer or provision of the affected
22 competitive telecommunications service.
23 (b) The Commission shall, after notice and hearing, order
24 structural separation of an incumbent local exchange carrier
25 if, after January 1, 2002, the carrier is not in compliance
26 with Section 13-408. Structural separation means the
27 separation of an incumbent local exchange carrier's network
28 element facilities, services, and business into an
29 independent, publicly-owned company separate and apart from
30 the incumbent local exchange carrier's retail services.
31 (Source: P.A. 84-1063.)
32 (220 ILCS 5/13-515)
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1 (Section scheduled to be repealed on July 1, 2001)
2 Sec. 13-515. Enforcement.
3 (a) The following expedited procedures shall be used to
4 enforce the provisions of Sections Section 13-408 and 13-514
5 of this Act except as provided in subsection (b). However,
6 the Commission, the complainant, and the respondent may
7 mutually agree to adjust the procedures established in this
8 Section. If the Commission determines, pursuant to
9 subsection (b), that the procedural provisions of this
10 Section do not apply, the complaint shall continue pursuant
11 to the general complaint provisions of Article X.
12 (b) (Blank). The provisions of this Section shall not
13 apply to an allegation of a violation of item (8) of Section
14 13-514 by a Bell operating company, as defined in Section 3
15 of the federal Telecommunications Act of 1996, unless and
16 until such company or its affiliate is authorized to provide
17 inter-LATA services under Section 271(d) of the federal
18 Telecommunications Act of 1996; provided, however, that a
19 complaint setting forth a separate independent basis for a
20 violation of Section 13-514 may proceed under this Section
21 notwithstanding that the alleged acts or omissions may also
22 constitute a violation of item (8) of Section 13-514.
23 (c) No complaint may be filed under this Section until
24 the complainant has first notified the respondent of the
25 alleged violation and offered the respondent 48 hours to
26 correct the situation. Provision of notice and the
27 opportunity to correct the situation creates a rebuttable
28 presumption of knowledge under Section 13-514.
29 (d) A telecommunications carrier may file a complaint
30 with the Commission alleging a violation of Section 13-514 in
31 accordance with this subsection:
32 (1) The complaint shall be filed with the Chief
33 Clerk of the Commission and shall be served in hand upon
34 the respondent, the executive director, and the general
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1 counsel of the Commission at the time of the filing.
2 (2) A complaint filed under this subsection shall
3 include a statement that the requirements of subsection
4 (c) have been fulfilled and that the respondent did not
5 correct the situation as requested.
6 (3) Reasonable discovery specific to the issue of
7 the complaint may commence upon filing of the complaint.
8 Requests for discovery must be served in hand and
9 responses to discovery must be provided in hand to the
10 requester within 14 days after a request for discovery is
11 made.
12 (4) An answer and any other responsive pleading to
13 the complaint shall be filed with the Commission and
14 served in hand at the same time upon the complainant, the
15 executive director, and the general counsel of the
16 Commission within 7 days after the date on which the
17 complaint is filed.
18 (5) If the answer or responsive pleading raises the
19 issue that the complaint violates subsection (i) of this
20 Section, the complainant may file a reply to such
21 allegation within 3 days after actual service of such
22 answer or responsive pleading. Within 4 days after the
23 time for filing a reply has expired, the hearing officer
24 or arbitrator shall either issue a written decision
25 dismissing the complaint as frivolous in violation of
26 subsection (i) of this Section including the reasons for
27 such disposition or shall issue an order directing that
28 the complaint shall proceed.
29 (6) A pre-hearing conference shall be held within
30 14 days after the date on which the complaint is filed.
31 (7) The hearing shall commence within 30 days of
32 the date on which the complaint is filed. The hearing
33 may be conducted by a hearing examiner or by an
34 arbitrator. Parties and the Commission staff shall be
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1 entitled to present evidence and legal argument in oral
2 or written form as deemed appropriate by the hearing
3 examiner or arbitrator. The hearing examiner or
4 arbitrator shall issue a written decision within 60 days
5 after the date on which the complaint is filed. The
6 decision shall include reasons for the disposition of the
7 complaint and, if a violation of Section 13-514 is found,
8 directions and a deadline for correction of the
9 violation.
10 (8) Any party may file a petition requesting the
11 Commission to review the decision of the hearing examiner
12 or arbitrator within 5 days of such decision. Any party
13 may file a response to a petition for review within 3
14 business days after actual service of the petition.
15 After the time for filing of the petition for review, but
16 no later than 15 days after the decision of the hearing
17 examiner or arbitrator, the Commission shall decide to
18 adopt the decision of the hearing examiner or arbitrator
19 or shall issue its own final order.
20 (e) If the alleged violation has a substantial adverse
21 effect on the ability of the complainant to provide service
22 to customers, the complainant may include in its complaint a
23 request for an order for emergency relief. The Commission,
24 acting through its designated hearing examiner or arbitrator,
25 shall act upon such a request within 2 business days of the
26 filing of the complaint. An order for emergency relief may
27 be granted, without an evidentiary hearing, upon a verified
28 factual showing that the party seeking relief will likely
29 succeed on the merits, that the party will suffer irreparable
30 harm in its ability to serve customers if emergency relief is
31 not granted, and that the order is in the public interest.
32 An order for emergency relief shall include a finding that
33 the requirements of this subsection have been fulfilled and
34 shall specify the directives that must be fulfilled by the
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1 respondent and deadlines for meeting those directives. The
2 decision of the hearing examiner or arbitrator to grant or
3 deny emergency relief shall be considered an order of the
4 Commission unless the Commission enters its own order within
5 2 calendar days of the decision of the hearing examiner or
6 arbitrator. The order for emergency relief may require the
7 responding party to act or refrain from acting so as to
8 protect the provision of competitive service offerings to
9 customers. Any action required by an emergency relief order
10 must be technically feasible and economically reasonable and
11 the respondent must be given a reasonable period of time to
12 comply with the order.
13 (f) The Commission is authorized to obtain outside
14 resources including, but not limited to, arbitrators and
15 consultants for the purposes of the hearings authorized by
16 this Section. Any arbitrator or consultant obtained by the
17 Commission shall be approved by both parties to the hearing.
18 The cost of such outside resources including, but not limited
19 to, arbitrators and consultants shall be borne by the
20 parties. The Commission shall review the bill for
21 reasonableness and assess the parties for reasonable costs
22 dividing the costs according to the resolution of the
23 complaint brought under this Section. Such costs shall be
24 paid by the parties directly to the arbitrators, consultants,
25 and other providers of outside resources within 60 days after
26 receiving notice of the assessments from the Commission.
27 Interest at the statutory rate shall accrue after expiration
28 of the 60-day period. The Commission, arbitrators,
29 consultants, or other providers of outside resources may
30 apply to a court of competent jurisdiction for an order
31 requiring payment.
32 (g) The Commission shall assess the parties under this
33 subsection for all of the Commission's costs of investigation
34 and conduct of the proceedings brought under this Section
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1 including, but not limited to, the prorated salaries of
2 staff, attorneys, hearing examiners, and support personnel
3 and including any travel and per diem, directly attributable
4 to the complaint brought pursuant to this Section, but
5 excluding those costs provided for in subsection (f),
6 dividing the costs according to the resolution of the
7 complaint brought under this Section. All assessments made
8 under this subsection shall be paid into the Public Utility
9 Fund within 60 days after receiving notice of the assessments
10 from the Commission. Interest at the statutory rate shall
11 accrue after the expiration of the 60 day period. The
12 Commission is authorized to apply to a court of competent
13 jurisdiction for an order requiring payment.
14 (h) If the Commission determines that there is an
15 imminent threat to competition or to the public interest, the
16 Commission may, notwithstanding any other provision of this
17 Act, seek temporary, preliminary, or permanent injunctive
18 relief from a court of competent jurisdiction either prior to
19 or after the hearing.
20 (i) A party shall not bring or defend a proceeding
21 brought under this Section or assert or controvert an issue
22 in a proceeding brought under this Section, unless there is a
23 non-frivolous basis for doing so. By presenting a pleading,
24 written motion, or other paper in complaint or defense of the
25 actions or inaction of a party under this Section, a party is
26 certifying to the Commission that to the best of that party's
27 knowledge, information, and belief, formed after a reasonable
28 inquiry of the subject matter of the complaint or defense,
29 that the complaint or defense is well grounded in law and
30 fact, and under the circumstances:
31 (1) it is not being presented to harass the other
32 party, cause unnecessary delay in the provision of
33 competitive telecommunications services to consumers, or
34 create needless increases in the cost of litigation; and
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1 (2) the allegations and other factual contentions
2 have evidentiary support or, if specifically so
3 identified, are likely to have evidentiary support after
4 reasonable opportunity for further investigation or
5 discovery as defined herein.
6 (j) If, after notice and a reasonable opportunity to
7 respond, the Commission determines that subsection (i) has
8 been violated, the Commission shall impose appropriate
9 sanctions upon the party or parties that have violated
10 subsection (i) or are responsible for the violation. The
11 sanctions shall be not more than $7,500, plus the amount of
12 expenses accrued by the Commission for conducting the
13 hearing. Payment of sanctions imposed under this subsection
14 shall be made to the Common School Fund within 30 days of
15 imposition of such sanctions.
16 (k) An appeal of a Commission Order made pursuant to
17 this Section shall not effectuate a stay of the Order unless
18 a court of competent jurisdiction specifically finds that the
19 party seeking the stay will likely succeed on the merits,
20 that the party will suffer irreparable harm without the stay,
21 and that the stay is in the public interest.
22 (Source: P.A. 90-185, eff. 7-23-97; 90-574, eff. 3-20-98.)
23 (220 ILCS 5/13-516)
24 (Section scheduled to be repealed on July 1, 2001)
25 Sec. 13-516. Penalties for violation of a Commission
26 order relating to prohibited actions of telecommunications
27 carriers.
28 (a) Notwithstanding any other provision of this Act,
29 upon a finding of a violation of Section 13-515, the
30 Commission may impose penalties of up to $30,000 per
31 violation and upon a finding of a violation of Section
32 13-408, the Commission may impose penalties of up to
33 $1,000,000 per violation of a final order or emergency relief
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1 order issued pursuant to Section 13-515 of this Act. Each
2 day of a continuing offense shall be treated as a separate
3 violation for purposes of levying any penalty under this
4 Section. The period for which the fine shall be levied shall
5 commence on the day the Commission order requires compliance
6 with the order and shall continue until the party is in
7 compliance with the Commission order.
8 (b) The Commission may waive penalties imposed under
9 subsection (a) if it makes a written finding as to its
10 reasons for waiving the fine. Reasons for waiving a fine
11 shall include, but not be limited to, technological
12 infeasibility and acts of God.
13 (c) The Commission shall establish by rule procedures
14 for the imposition of penalties under subsection (a) that, at
15 a minimum, provide for notice, hearing and a written order
16 relating to the imposition of penalties.
17 (d) The Commission is authorized to apply to a court of
18 competent jurisdiction for an order requiring payment of
19 penalties imposed under subsection (a).
20 (e) Payment of penalties imposed under subsection (a)
21 shall be made to the Common School Fund within 30 days of
22 issuance of the Commission order imposing the penalties.
23 (Source: P.A. 90-185, eff. 7-23-97.)
24 (220 ILCS 5/13-803) (from Ch. 111 2/3, par. 13-803)
25 (Section scheduled to be repealed on July 1, 2001)
26 Sec. 13-803. Repealer. The provisions of this Article
27 XIII are repealed effective July 1, 2006 2001.
28 (Source: P.A. 90-185, eff. 7-23-97.)
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.