|
|||||||||||||||||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||
1 | AN ACT concerning regulation.
| ||||||||||||||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||||||||||||
4 | Section 5. The Citizens Utility Board Act is amended by | ||||||||||||||||||||||||||||||||||||||||||
5 | changing Sections 2, 3, 4, 5, 6, 10, 11, 12, 20, and 21 as | ||||||||||||||||||||||||||||||||||||||||||
6 | follows:
| ||||||||||||||||||||||||||||||||||||||||||
7 | (220 ILCS 10/2) (from Ch. 111 2/3, par. 902)
| ||||||||||||||||||||||||||||||||||||||||||
8 | Sec. 2. Purpose. The purpose of this Act is to promote the | ||||||||||||||||||||||||||||||||||||||||||
9 | health, welfare
and prosperity of all the citizens of this | ||||||||||||||||||||||||||||||||||||||||||
10 | State by ensuring effective and
democratic representation of | ||||||||||||||||||||||||||||||||||||||||||
11 | utility consumers before the Illinois Commerce
Commission, the | ||||||||||||||||||||||||||||||||||||||||||
12 | Federal Energy Regulatory Commission, the Federal | ||||||||||||||||||||||||||||||||||||||||||
13 | Communications
Commission, the courts, and other public bodies | ||||||||||||||||||||||||||||||||||||||||||
14 | and by providing for consumer
education on utility service | ||||||||||||||||||||||||||||||||||||||||||
15 | prices and petroleum prices and on benefits and methods of | ||||||||||||||||||||||||||||||||||||||||||
16 | energy conservation.
Such purpose shall be deemed a statewide | ||||||||||||||||||||||||||||||||||||||||||
17 | interest and not a private or special concern.
| ||||||||||||||||||||||||||||||||||||||||||
18 | (Source: P.A. 83-945.)
| ||||||||||||||||||||||||||||||||||||||||||
19 | (220 ILCS 10/3) (from Ch. 111 2/3, par. 903)
| ||||||||||||||||||||||||||||||||||||||||||
20 | Sec. 3. Definitions. As used in this Act: | ||||||||||||||||||||||||||||||||||||||||||
21 | (1) "Board" means the board
of directors of the | ||||||||||||||||||||||||||||||||||||||||||
22 | corporation.
| ||||||||||||||||||||||||||||||||||||||||||
23 | (2) "Campaign contribution" means a gift, subscription, | ||||||||||||||||||||||||||||||||||||||||||
24 | loan, advance
or deposit of money or anything of value, made | ||||||||||||||||||||||||||||||||||||||||||
25 | for the purpose of electing
a candidate to the board; or a | ||||||||||||||||||||||||||||||||||||||||||
26 | contract, a promise or agreement, express or
implied, whether | ||||||||||||||||||||||||||||||||||||||||||
27 | or not legally enforceable, to make any campaign contribution;
| ||||||||||||||||||||||||||||||||||||||||||
28 | but does not include the value of services provided without | ||||||||||||||||||||||||||||||||||||||||||
29 | compensation
by individuals who volunteer a portion or all of | ||||||||||||||||||||||||||||||||||||||||||
30 | their time on behalf of
a candidate or political committee, or | ||||||||||||||||||||||||||||||||||||||||||
31 | the use of real or personal property
and the cost of |
| |||||||
| |||||||
1 | invitations, food and beverages, voluntarily provided by
an | ||||||
2 | individual to a candidate in rendering voluntary personal | ||||||
3 | services on
the individual's residential premises for | ||||||
4 | candidate-related activities if
the cumulative value of the | ||||||
5 | activities to the individual on behalf of any
candidate does | ||||||
6 | not exceed $100 for any election.
| ||||||
7 | (3) "Campaign expenditures" means a purchase, payment | ||||||
8 | distribution, loan,
advance, deposit or gift of money or | ||||||
9 | anything of value, made for the purpose
of electing a candidate | ||||||
10 | to the board; or a contract, promise, or agreement,
express or | ||||||
11 | implied, whether or not legally enforceable, to make any | ||||||
12 | campaign
expenditure; but does not include the use of real or | ||||||
13 | personal property and
the cost of invitations, food and | ||||||
14 | beverages, voluntarily provided by an
individual to a candidate | ||||||
15 | in rendering voluntary personal services on the
individual's | ||||||
16 | residential premises for candidate-related activities if the
| ||||||
17 | cumulative value of the activities by the individual on behalf | ||||||
18 | of any candidate
does not exceed $100 for any election.
| ||||||
19 | (4) "Class A utility" means any gas, electric or water | ||||||
20 | public utility
with annual total gross operating revenues of | ||||||
21 | $2.5 million or more or any
telephone public utility with | ||||||
22 | annual total gross operating revenues of
$1,600,000 or more on | ||||||
23 | the effective date of this Act.
| ||||||
24 | (5) "Corporation" means the citizens utility board.
| ||||||
25 | (6) "Director" means any member of the board.
| ||||||
26 | (7) "District" means a corporation district, the | ||||||
27 | boundaries of which are
congruent with the boundaries of the | ||||||
28 | Congressional districts in the State.
| ||||||
29 | (8) "Immediate family" of a person means the person's | ||||||
30 | spouse and legal dependents.
| ||||||
31 | (9) "Member" means any person who satisfies the | ||||||
32 | requirements for membership
under Section 4.
| ||||||
33 | (10) "Periodic customer billing" means a demand for payment | ||||||
34 | for utility
services by a public utility to a residential | ||||||
35 | utility consumer on a monthly
or other regular basis.
| ||||||
36 | (10.5) "Petroleum consumer" means any individual located |
| |||||||
| |||||||
1 | in this State who uses petroleum products, including, but not | ||||||
2 | limited to, gasoline, diesel fuel, biodiesel, and E-85.
| ||||||
3 | (10.10) "Petroleum provider" means any entity providing | ||||||
4 | petroleum products to consumers.
| ||||||
5 | (10.15) "Petroleum service" means the movement of | ||||||
6 | petroleum products for use by petroleum consumers.
| ||||||
7 | (11) "Political committee" means any committee, club, | ||||||
8 | association or
other group of persons which make campaign | ||||||
9 | expenditures or receive campaign
contributions during the year | ||||||
10 | before an election of the board.
| ||||||
11 | (12) "Public utility" means any person who owns, operates, | ||||||
12 | manages or
controls any plant or equipment or any part of a | ||||||
13 | plant or equipment, within
the State, for the conveyance of | ||||||
14 | telephone messages or for the production,
transmission, | ||||||
15 | delivery or furnishing of heat, light, water or power either
| ||||||
16 | directly or indirectly to or for the public.
"Public utility" | ||||||
17 | includes any person engaged in the transmission or delivery
of | ||||||
18 | natural gas for compensation within this State by means of | ||||||
19 | pipes or mains.
"Public utility" does not include a cooperative | ||||||
20 | association organized for
the purpose of furnishing telephone | ||||||
21 | service to its members only.
"Public utility" does not include | ||||||
22 | electric cooperatives as defined in Section
3-119 of the Public | ||||||
23 | Utilities Act. However, "public utility" does not include | ||||||
24 | either public utilities
that are owned and operated by a | ||||||
25 | political subdivision, public institution
of higher education | ||||||
26 | or municipal corporation of this State or public utilities
that | ||||||
27 | are owned by such political subdivision, public institution of | ||||||
28 | higher
education, or municipal corporation and operated by any | ||||||
29 | of its lessees or
operating agents.
| ||||||
30 | (13) "Utility consumer" means any individual or entity, | ||||||
31 | which is not
governmental or a public utility, which is located | ||||||
32 | in this State and which
is furnished with a utility service by | ||||||
33 | a public utility.
| ||||||
34 | (14) "Utility service" means electricity, natural gas, | ||||||
35 | water and
telephone service supplied by a public utility.
| ||||||
36 | (Source: P.A. 91-357, eff. 7-29-99.)
|
| |||||||
| |||||||
1 | (220 ILCS 10/4) (from Ch. 111 2/3, par. 904)
| ||||||
2 | Sec. 4. Citizens utility board: formation and membership. | ||||||
3 | (1) There
is created a nonprofit public body corporate and | ||||||
4 | politic to be known as
the "Citizens Utility Board". Any | ||||||
5 | utility or petroleum consumer
who has submitted a membership | ||||||
6 | form and has contributed membership dues
to the corporation in | ||||||
7 | the preceding 12 months shall be a member of the corporation.
A | ||||||
8 | member may resign from membership at any time.
| ||||||
9 | (2) The board shall, upon certification of their | ||||||
10 | nominations pursuant to
subsection (2) of Section 12 and | ||||||
11 | request by the candidate, within 5 days
provide to each | ||||||
12 | candidate for election to the
board a current list of members | ||||||
13 | residing in the candidate's
district. Such list shall include | ||||||
14 | the names and current addresses of
members within such | ||||||
15 | district, and may be used by the candidate only for
election | ||||||
16 | purposes.
| ||||||
17 | (3) Notwithstanding any other provision of this Act or any | ||||||
18 | other provisions
of law, if the corporation does not receive | ||||||
19 | contributions from at least
10,000 citizens of this State | ||||||
20 | within 3 years of the
effective date of this Act,
the | ||||||
21 | corporation shall be dissolved.
| ||||||
22 | (Source: P.A. 86-101.)
| ||||||
23 | (220 ILCS 10/5) (from Ch. 111 2/3, par. 905)
| ||||||
24 | Sec. 5. Powers and duties.
| ||||||
25 | (1) The corporation shall:
| ||||||
26 | (a) Represent and protect the interests of the | ||||||
27 | residential utility
consumers and petroleum consumers of | ||||||
28 | this State. All actions by the corporation under this Act
| ||||||
29 | shall be directed toward such duty; provided that the | ||||||
30 | corporation may
also give due consideration to the | ||||||
31 | interests of business in the State.
| ||||||
32 | (b) Inform, in so far as possible, all utility and | ||||||
33 | petroleum consumers about the
corporation,
including the | ||||||
34 | procedure for obtaining membership in the corporation.
|
| |||||||
| |||||||
1 | (2) The corporation shall have all the powers necessary or | ||||||
2 | convenient
for the effective representation and protection of | ||||||
3 | the interest of utility
and petroleum consumers and to | ||||||
4 | implement this Act, including the following powers in addition
| ||||||
5 | to all other powers granted by this Act.
| ||||||
6 | (a) To make, amend and repeal bylaws and rules for the | ||||||
7 | regulation of its
affairs and the conduct of its business; | ||||||
8 | to adopt an official seal and alter
it at pleasure; to | ||||||
9 | maintain an office; to sue and be sued in its
own name, | ||||||
10 | plead and be impleaded; and to make and execute contracts | ||||||
11 | and
other instruments necessary or convenient to the | ||||||
12 | exercise of the powers
of the corporation.
| ||||||
13 | (b) To employ such agents, employees and special | ||||||
14 | advisors as it finds
necessary and to fix their | ||||||
15 | compensation.
| ||||||
16 | (c) To solicit and accept gifts, loans, including loans | ||||||
17 | made by the
Illinois Commerce Commission from funds | ||||||
18 | appropriated for that purpose by
law, or other aid in order | ||||||
19 | to support
activities concerning the interests of utility | ||||||
20 | and petroleum consumers. Except
as provided in Section 5.1, | ||||||
21 | the corporation may not accept gifts,
loans or other aid | ||||||
22 | from any
public utility or from any director, employee or | ||||||
23 | agent or member of the
immediate family of a director, | ||||||
24 | employee or agent of any public utility
or petroleum | ||||||
25 | provider and, after the first election the corporation, may | ||||||
26 | not
accept
from any individual, private corporation, | ||||||
27 | association or partnership in any
single year a total of | ||||||
28 | more than $1,000 in gifts. Under this paragraph,
"aid" does | ||||||
29 | not mean payment of membership dues.
| ||||||
30 | (d) To intervene as a party or otherwise participate on | ||||||
31 | behalf of utility
and petroleum consumers in any proceeding | ||||||
32 | which affects the interest of utility or petroleum
| ||||||
33 | consumers.
| ||||||
34 | (e) To represent the interests of utility and petroleum
| ||||||
35 | consumers before the Illinois
Commerce Commission, the | ||||||
36 | Federal Energy Regulatory Commission, the Federal
|
| |||||||
| |||||||
1 | Communications Commission, the courts, and other public | ||||||
2 | bodies, except that
no director, employee or agent of the | ||||||
3 | corporation may engage in lobbying
without first
complying | ||||||
4 | with any applicable statute, administrative rule or other | ||||||
5 | regulation
relating to lobbying.
| ||||||
6 | (f) To establish annual dues which shall be set at a | ||||||
7 | level that provides
sufficient funding for the corporation | ||||||
8 | to effectively perform its powers
and duties, and is | ||||||
9 | affordable for as many utility and petroleum consumers as | ||||||
10 | is possible.
| ||||||
11 | (g) To implement solicitation for corporation funding | ||||||
12 | and membership.
| ||||||
13 | (h) To seek tax exempt status under State and federal | ||||||
14 | law, including
501(c)(3) status under the United States | ||||||
15 | Internal Revenue Code.
| ||||||
16 | (i) To provide information and advice to utility and | ||||||
17 | petroleum consumers on any matter
with respect to utility | ||||||
18 | or petroleum service, including but not limited to | ||||||
19 | information
and advice on benefits and methods of energy | ||||||
20 | conservation.
| ||||||
21 | (3) The powers, duties, rights and privileges conferred or | ||||||
22 | imposed upon
the corporation by this Act may not be | ||||||
23 | transferred.
| ||||||
24 | (4) The corporation shall refrain from interfering with | ||||||
25 | collective
bargaining rights of any employees of a public | ||||||
26 | utility.
| ||||||
27 | (Source: P.A. 91-50, eff. 6-30-99.)
| ||||||
28 | (220 ILCS 10/6) (from Ch. 111 2/3, par. 906)
| ||||||
29 | Sec. 6. Board. The corporation shall be managed by, and its
| ||||||
30 | powers, functions and duties shall be exercised through a board | ||||||
31 | to be
composed as follows:
| ||||||
32 | (1) Election and Terms of Directors. The Citizens Utility | ||||||
33 | Board
Districts shall be divided into two groups for the | ||||||
34 | purpose of establishing
terms for which the Directors shall be | ||||||
35 | elected in each group. One group
shall be comprised of the even |
| |||||||
| |||||||
1 | numbered Congressional Districts. The odd
numbered | ||||||
2 | Congressional Districts shall comprise the other group.
| ||||||
3 | (a) The Interim Board, within 60 days after their | ||||||
4 | appointment, shall meet
and publicly by lot determine which | ||||||
5 | group shall be the first group and which
group shall be the | ||||||
6 | second. The board members or their successors
from the first | ||||||
7 | group shall be elected for successive terms of two years,
two | ||||||
8 | years and four years; and members or their successors from the | ||||||
9 | second
group shall be elected for successive terms of four | ||||||
10 | years, two years and two years.
| ||||||
11 | (b) The first election of directors of the board is to be | ||||||
12 | held no later
than April 30, 1985. Subsequent elections of | ||||||
13 | directors of the board shall
be held on March 31 of each | ||||||
14 | election year. If March 31 falls on a weekend
or holiday, the | ||||||
15 | election shall occur on the next business day following March | ||||||
16 | 31.
| ||||||
17 | (c) Interim and elected board members shall serve until | ||||||
18 | their successors
are elected and have qualified.
| ||||||
19 | (d) In the year following each decennial census and within | ||||||
20 | 45 days after
the redistricted Congressional Districts are | ||||||
21 | enacted, the board shall
allocate terms between the 2 groups of | ||||||
22 | districts publicly by lot as
provided in paragraph (a). Board | ||||||
23 | members or their successors from the
first group shall be | ||||||
24 | elected for successive terms of two years, four years
and four | ||||||
25 | years; and members or their successors from the second group | ||||||
26 | shall
be elected for successive terms of four years, four | ||||||
27 | years, and two years.
| ||||||
28 | (2) Qualifications. A director shall be a resident of the | ||||||
29 | district he
or she represents and member of the corporation. No | ||||||
30 | person who is an
employee in any managerial or supervisory | ||||||
31 | capacity, director, officer or
agent or who is a member of the | ||||||
32 | immediate family of any such employee,
director, officer or | ||||||
33 | agent of any public utility or any petroleum provider is | ||||||
34 | eligible to be a
director. No director may hold any elective | ||||||
35 | position, be a candidate for
any elective position, be a State | ||||||
36 | public official, be employed by the
Illinois Commerce |
| |||||||
| |||||||
1 | Commission, or be employed in a governmental position
exempt | ||||||
2 | from the Personnel Code.
| ||||||
3 | (3) Director, Family Member Employment. No director, nor | ||||||
4 | member of his
or her immediate family shall, either directly or | ||||||
5 | indirectly, be employed
for compensation as a staff member or | ||||||
6 | consultant of the corporation.
| ||||||
7 | (4) Meetings. The board shall hold regular meetings at | ||||||
8 | least once every
3 months on such dates and at such places as | ||||||
9 | it may determine. Special
meetings may be called by the | ||||||
10 | president or by a majority of the directors
upon at least 7 | ||||||
11 | days' advance written notice. Unless otherwise provided
in the | ||||||
12 | bylaws, a majority of the board of directors shall constitute a
| ||||||
13 | quorum; provided, that in no event shall a quorum consist of | ||||||
14 | less than
one-third of the board of directors. The act of the | ||||||
15 | majority of the
directors, present at a meeting at which a | ||||||
16 | quorum is present, shall be the
act of the board of directors | ||||||
17 | unless the act of a greater number is
required by this Act or | ||||||
18 | bylaws. A summary of the minutes of every board
meeting shall | ||||||
19 | be made available to each public library in the State upon
| ||||||
20 | request and to individuals upon request.
| ||||||
21 | (5) Expenses. A director may not receive any compensation | ||||||
22 | for his or
her services but shall be reimbursed for necessary | ||||||
23 | expenses, including travel
expenses incurred in the discharge | ||||||
24 | of duties. The board shall establish
standard allowances for | ||||||
25 | mileage, room and meals and the purposes for which
such | ||||||
26 | allowances may be made and shall determine the reasonableness | ||||||
27 | and
necessity for such reimbursements. The board shall include | ||||||
28 | the schedule of
such standard allowances in the annual report | ||||||
29 | under subsection (4) (d) of Section 7.
| ||||||
30 | (6) Bonding. Directors and employees eligible to disburse | ||||||
31 | funds shall
be bonded. The costs of such bonds shall be paid by | ||||||
32 | the corporation.
| ||||||
33 | (Source: P.A. 84-1093.)
| ||||||
34 | (220 ILCS 10/10) (from Ch. 111 2/3, par. 910)
| ||||||
35 | Sec. 10. Prohibited Acts. |
| |||||||
| |||||||
1 | (1) No person may interfere or threaten
to interfere with | ||||||
2 | or cause any interference with utility service or petroleum | ||||||
3 | service or with
the utility service or petroleum service of or | ||||||
4 | penalize any person who contributes to the corporation
or | ||||||
5 | participates in any of its activities, in retribution for such | ||||||
6 | contribution
or participation.
| ||||||
7 | (2) No person may act with intent to prevent, interfere | ||||||
8 | with or hinder
the activities permitted under this Act.
| ||||||
9 | (3) A person who violates this Section may be fined not | ||||||
10 | more than $1,000.
Each such violation shall constitute a | ||||||
11 | separate and continuing violation
of this Act. A person who | ||||||
12 | knowingly and wilfully violates this Section
may be imprisoned | ||||||
13 | not more than 6 months.
| ||||||
14 | (Source: P.A. 83-945.)
| ||||||
15 | (220 ILCS 10/11) (from Ch. 111 2/3, par. 911)
| ||||||
16 | Sec. 11. Appointment of Interim Board of Directors. | ||||||
17 | (1) Within 90 days after the effective date of this Act, an | ||||||
18 | interim board
of directors shall be appointed. The Board shall | ||||||
19 | consist of 11 members.
The Governor shall appoint 3 members. | ||||||
20 | The President of the Senate, the Speaker
of the House, the | ||||||
21 | Minority Leader of the Senate and the Minority Leader
of the | ||||||
22 | House shall each appoint 2 members.
The appointees shall | ||||||
23 | reflect the geographical
diversity of this State and shall | ||||||
24 | include representation from minority groups,
low-income | ||||||
25 | persons, labor organizations, business, women and senior | ||||||
26 | citizens.
No interim director appointed under this Section may | ||||||
27 | hold an elective position,
be a candidate for any elective | ||||||
28 | position, or be a State public official.
| ||||||
29 | (2) The interim board appointed under this Section shall:
| ||||||
30 | (a) As soon as possible after appointment, organize for the | ||||||
31 | transaction of
business.
| ||||||
32 | (b) Inform the utility and petroleum consumers of this | ||||||
33 | State of the existence,
nature and purposes of the corporation, | ||||||
34 | and encourage utility and petroleum consumers
to join the | ||||||
35 | corporation, to participate in the corporation's activities
|
| |||||||
| |||||||
1 | and to contribute to the corporation.
| ||||||
2 | (c) Establish annual dues to be in effect until such time | ||||||
3 | as an elected
board assumes the duty as provided in paragraph | ||||||
4 | (2) (f) of Section 5.
| ||||||
5 | (d) Elect officers as provided under Section 12.
| ||||||
6 | (e) Employ such staff as the interim directors deem | ||||||
7 | necessary to carry
out the purposes of this Section. The | ||||||
8 | interim board appointed under this
Section shall follow
the | ||||||
9 | procedures required under Section 7.2 if it hires an executive | ||||||
10 | director
of the corporation.
| ||||||
11 | (f) Make all necessary preparations for the first election | ||||||
12 | of directors,
oversee the election campaign and tally the votes | ||||||
13 | under Section 12.
| ||||||
14 | (g) Solicit funds for the corporation.
| ||||||
15 | (h) Carry out all other duties and exercise all other | ||||||
16 | powers accorded
to the board under this Act including the | ||||||
17 | powers given to the corporation
under Section 9.
| ||||||
18 | (Source: P.A. 83-945.)
| ||||||
19 | (220 ILCS 10/12) (from Ch. 111 2/3, par. 912)
| ||||||
20 | Sec. 12. (1) Eligibility. To be eligible for election to | ||||||
21 | the board,
a candidate must:
| ||||||
22 | (a) Meet the qualifications for directors under subsection | ||||||
23 | (2) of Section 6.
| ||||||
24 | (b) Have his or her nomination certified by the board under | ||||||
25 | subsection
(2) of this Section.
| ||||||
26 | (c) Submit to the board a statement of financial interests | ||||||
27 | under subsection
(3) and a statement of personal background and | ||||||
28 | positions under subsection (4).
| ||||||
29 | (d) Make the affirmation under subsection (3) (e).
| ||||||
30 | (2) Nomination. A candidate for election to the board shall | ||||||
31 | circulate
or have a member of the corporation circulate a | ||||||
32 | petition for nomination
on the candidate's behalf not sooner | ||||||
33 | than 120 days preceding the election
and shall file the | ||||||
34 | petition with the corporation not later than 60 days
prior to | ||||||
35 | the election. The petition for nomination shall be signed by at
|
| |||||||
| |||||||
1 | least 5% or 30, whichever is less, of the members residing in | ||||||
2 | his or her
district. The board shall verify the validity of the | ||||||
3 | signatures by comparing
them to the signatures on the | ||||||
4 | membership applications and the current list
of members | ||||||
5 | maintained by the Board. Within 14 days after the petition is
| ||||||
6 | due, the board shall determine whether a sufficient number of | ||||||
7 | signatures
are valid. If the board determines a sufficient | ||||||
8 | number are valid, it shall
certify the nomination of the | ||||||
9 | candidate.
| ||||||
10 | (3) Statement of financial interests. A candidate for | ||||||
11 | election to the
board whose nomination is certified under | ||||||
12 | subsection (2) shall submit to
the board, not later than 60 | ||||||
13 | days prior to the election, a statement of
financial interests | ||||||
14 | upon a form provided by the board. The statement of
financial | ||||||
15 | interests shall include the following information:
| ||||||
16 | (a) The occupation, employer and position at place of | ||||||
17 | employment of the
candidate and of his or her immediate family | ||||||
18 | members.
| ||||||
19 | (b) A list of all corporate directorships or other offices, | ||||||
20 | and of all
fiduciary relationships, held in the past 3 years by | ||||||
21 | the candidate and by
his or her immediate family members.
| ||||||
22 | (c) The name of any creditor to whom the candidate or a | ||||||
23 | member of the
candidate's immediate family owes $10,000 or | ||||||
24 | more.
| ||||||
25 | (d) The name of any corporation in which the candidate | ||||||
26 | holds a security,
the current market value of which is $5,000 | ||||||
27 | or more.
| ||||||
28 | (e) An affirmation, subject to penalty of perjury, that the | ||||||
29 | information
contained in the statement of financial interests | ||||||
30 | is true and complete.
| ||||||
31 | (4) Statement of personal background and positions. A | ||||||
32 | candidate for election
to the board whose nomination is | ||||||
33 | certified under subsection (2) shall submit
to the board, not | ||||||
34 | later than 60 days prior to the election, on a form to
be | ||||||
35 | provided by the board, a statement concerning his or her | ||||||
36 | personal background and
positions on issues relating to public |
| |||||||
| |||||||
1 | utilities , petroleum, or the operations of the
corporation. The | ||||||
2 | statement shall contain an affirmation, subject to penalty
of | ||||||
3 | perjury, that the candidate meets the qualifications | ||||||
4 | prescribed for directors
in subsection (2) of Section 6.
| ||||||
5 | (5) Restrictions on a reporting of campaign contributions | ||||||
6 | and expenditures.
(a) No candidate may accept more than $200 in | ||||||
7 | campaign contributions from
any person or political committee | ||||||
8 | from one year before the date of an election
through the date | ||||||
9 | of the election.
| ||||||
10 | (b) Each candidate for election to the board shall keep | ||||||
11 | complete records
of all contributions to his or her campaign of | ||||||
12 | $25 of more from one year
before the date of an election | ||||||
13 | through the date of the election, and, at
the board's request, | ||||||
14 | shall make such records available for inspection by the board.
| ||||||
15 | (c) As a condition for receiving the benefits of the | ||||||
16 | board's mailing under
subsection (6), a candidate for election | ||||||
17 | to the board shall agree in writing
to incur no more than | ||||||
18 | $2,500 in campaign expenditures from the
time he or she | ||||||
19 | commences circulation of petitions for nomination or from
4 | ||||||
20 | months prior to the election, whichever is earlier, through the | ||||||
21 | date of the election.
| ||||||
22 | (d) Each candidate for election to the board shall keep | ||||||
23 | complete records
of his or her campaign expenditures, and, at | ||||||
24 | the board's request, shall
make such records available for | ||||||
25 | inspection by the board.
| ||||||
26 | (e) No earlier than 14 days and no later than 8 days | ||||||
27 | preceding the election
and no earlier than 21 days and no later | ||||||
28 | than 30 days after the election,
each candidate for election to | ||||||
29 | the board shall submit to the board, on a
form provided by the | ||||||
30 | board, an accurate statement of his or her campaign
| ||||||
31 | contributions, swearing that he or she has fully complied with | ||||||
32 | the requirements
of this subsection.
| ||||||
33 | (f) No candidate for election to the board may use any | ||||||
34 | campaign contribution
for any purpose except for campaign | ||||||
35 | expenditures. Any campaign contribution
not expended shall be | ||||||
36 | donated no later than 90 days after the election
to the |
| |||||||
| |||||||
1 | corporation or to any charitable organization at the option of | ||||||
2 | the candidate.
| ||||||
3 | (6) Election procedures. (a) The board shall mail or | ||||||
4 | distribute to each
member's address on file with the | ||||||
5 | corporation, not sooner than 30 and not
later than 10 days | ||||||
6 | before the date fixed for the election:
| ||||||
7 | (i) An official ballot listing all candidates for director | ||||||
8 | from the member's
district whose nominations the board has | ||||||
9 | certified and who satisfy the requirements
of subsection (1). | ||||||
10 | The board shall include with the ballot each candidate's
| ||||||
11 | statement of financial interests submitted under subsection | ||||||
12 | (3).
| ||||||
13 | (ii) The statement by each candidate for election to the | ||||||
14 | board of personal
background and positions as required under | ||||||
15 | subsection (4), if the candidate
has agreed in writing to limit | ||||||
16 | his or her campaign expenditures under subsection
(5) (c).
| ||||||
17 | (b) Each member may vote in the election by returning his | ||||||
18 | or her official
ballot in person or by first class mail, | ||||||
19 | properly marked, to the ballot
return location designated by | ||||||
20 | the corporation.
Ballots returned to the location designated by | ||||||
21 | the corporation must be
postmarked on or before the date fixed | ||||||
22 | for the election or must be received
at the ballot return | ||||||
23 | location designated by the corporation on or before
the date | ||||||
24 | fixed for the election.
| ||||||
25 | (c) Voting shall be by secret ballot.
| ||||||
26 | (d) The board shall tally votes with all reasonable speed | ||||||
27 | and shall inform
the membership promptly of the names of the | ||||||
28 | candidates elected.
| ||||||
29 | (e) For each district the board within 30 days of the | ||||||
30 | election shall certify
the candidate elected to the board if | ||||||
31 | the candidate has the most votes in
the district and if he or | ||||||
32 | she has complied with this Section.
| ||||||
33 | (f) If a vacancy in nomination occurs because no candidate | ||||||
34 | has filed for
nomination, the board by a majority of those | ||||||
35 | voting shall appoint a member
of the corporation who resides in | ||||||
36 | the district where the vacancy exists
to be the candidate.
|
| |||||||
| |||||||
1 | (g) If the candidate with the most votes dies, declines or | ||||||
2 | resigns from
candidacy prior to being certified under paragraph | ||||||
3 | (e), or for any other
reason is not certified under paragraph | ||||||
4 | (e), the office for which
the candidate ran shall be vacant and | ||||||
5 | shall be filled by the board as provided herein.
| ||||||
6 | (h) If a vacancy on the Board occurs, with more than 12 | ||||||
7 | months remaining
in the term, the Board shall set a date for a | ||||||
8 | special election for the district
for the purpose of electing a | ||||||
9 | director to serve out the term of the vacant
office and shall | ||||||
10 | so notify every member in the district. The election
may not be | ||||||
11 | less than
2 months nor more than 4 months after such | ||||||
12 | notification. An election under
this Section shall be conducted | ||||||
13 | in the same manner as other elections of
directors are | ||||||
14 | conducted. The seat shall remain vacant if there is 8 months
or | ||||||
15 | less remaining in the term.
| ||||||
16 | (7) Election rules. The board may prescribe rules for the | ||||||
17 | conduct of
elections and election campaigns not inconsistent | ||||||
18 | with this Act.
| ||||||
19 | (Source: P.A. 84-1093.)
| ||||||
20 | (220 ILCS 10/20) (from Ch. 111 2/3, par. 920)
| ||||||
21 | Sec. 20. Liability of public utility. No public utility or | ||||||
22 | petroleum provider shall be liable
on any claim based on any | ||||||
23 | action it is required to take to be in compliance
with this | ||||||
24 | Act.
| ||||||
25 | (Source: P.A. 83-945.)
| ||||||
26 | (220 ILCS 10/21) (from Ch. 111 2/3, par. 921)
| ||||||
27 | Sec. 21. Home rule preemption. The provisions of this Act | ||||||
28 | are declared
to be an exclusive exercise of power by the State | ||||||
29 | of Illinois pursuant to
paragraphs (h) or (i) of Section 6 of | ||||||
30 | Article VII of the Illinois Constitution.
No home rule unit may | ||||||
31 | impose any requirement or regulation on any public
utility or | ||||||
32 | petroleum provider inconsistent with or in addition to the | ||||||
33 | requirements or regulations
set forth in this Act.
| ||||||
34 | (Source: P.A. 83-945.)
|