093_SB0608

 
                                     LRB093 07548 JLS 07723 b

 1        AN ACT relating to 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 Section 2-101 as follows:

 6        (220 ILCS 5/2-101) (from Ch. 111 2/3, par. 2-101)
 7        Sec.  2-101.   Commerce  Commission  created.   There  is
 8    created an  Illinois  Commerce  Commission  consisting  of  5
 9    members  not more than 3 of whom shall be members of the same
10    political party at the time  of  appointment.   The  Governor
11    shall  appoint the members of the such Commission by and with
12    the advice and consent of the Senate.  In case of  a  vacancy
13    in  such  office during the recess of the Senate the Governor
14    shall make a temporary appointment until the next meeting  of
15    the  Senate,  when he shall nominate some person to fill such
16    office; and any person so nominated who is confirmed  by  the
17    Senate,  shall  hold  his  office during the remainder of the
18    term  and  until  his  successor  shall  be   appointed   and
19    qualified.  Each  member  of the Commission shall hold office
20    for a term of 5 years from the third Monday in January of the
21    year in which his predecessor's term expires.
22        Notwithstanding any provision  of  this  Section  to  the
23    contrary, the term of office of each member of the Commission
24    is terminated on the effective date of this amendatory Act of
25    1995,  but  the  incumbent members shall continue to exercise
26    all of the powers and be subject to  all  of  the  duties  of
27    members  of  the Commission until their respective successors
28    are  appointed  and  qualified.   Of  the  members  initially
29    appointed under the provisions  of  this  amendatory  Act  of
30    1995,  one  member  shall  be  appointed for a term of office
31    which shall expire on the third Monday of  January,  1997;  2
 
                            -2-      LRB093 07548 JLS 07723 b
 1    members  shall  be  appointed for terms of office which shall
 2    expire on the third Monday of January, 1998; one member shall
 3    be appointed for a term of office which shall expire  on  the
 4    third  Monday  of  January,  1999;  and  one  member shall be
 5    appointed for a term of office  which  shall  expire  on  the
 6    third  Monday  of  January,  2000.  Each respective successor
 7    shall be appointed for a term  of  5  years  from  the  third
 8    Monday of January of the year in which his predecessor's term
 9    expires  in  accordance  with  the  provisions  of  the first
10    paragraph of this Section.
11        Each member shall serve until his successor is  appointed
12    and  qualified,  except that if the Senate refuses to consent
13    to the appointment of any member, such office shall be deemed
14    vacant, and within 2 weeks of the date the Senate refuses  to
15    consent to the reappointment of any member, such member shall
16    vacate  such  office.  The  Governor  shall from time to time
17    designate the member of  the  Commission  who  shall  be  its
18    chairman.  Consistent  with  the  provisions of this Act, the
19    Chairman  shall  be  the  chief  executive  officer  of   the
20    Commission  for the purpose of ensuring that the Commission's
21    policies are properly executed.
22        If there is no vacancy on the Commission,  4  members  of
23    the   Commission   shall  constitute  a  quorum  to  transact
24    business; otherwise,  a  majority  of  the  Commission  shall
25    constitute  a  quorum  to  transact  business, and no vacancy
26    shall impair the right  of  the  remaining  commissioners  to
27    exercise  all of the powers of the Commission. Every finding,
28    order, or decision approved by a majority of the  members  of
29    the  Commission  shall be deemed to be the finding, order, or
30    decision of the Commission.
31    (Source: P.A. 92-22, eff. 6-30-01.)