Public Utilities Committee
Filed: 3/20/2007
 
 

 




 

 		












09500HB1343ham002

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AMENDMENT TO HOUSE BILL 1343 




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    AMENDMENT NO. ______. Amend House Bill 1343, AS AMENDED,  by 
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replacing everything after the enacting clause with the 
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following:

 
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    "Section 5. The Public Utilities Act is amended by changing 
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Section 2-101 as follows:
 



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    (220 ILCS 5/2-101)  (from Ch. 111 2/3, par. 2-101)



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    Sec. 2-101. Commerce Commission created. There is created 
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an Illinois
Commerce Commission consisting of 5 members not 
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more than 3 of whom shall be
members of the
the same political

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party at the time of appointment.  The Governor shall appoint 
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the members
of such Commission by and with the advice and 
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consent of the Senate.  In
case of a vacancy in such office 
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during the recess of the Senate the Governor
shall make a 
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temporary appointment until the next meeting of the Senate,

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when he shall nominate some person to fill such office; and any

 


 






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person so nominated who is confirmed by the Senate, shall hold 
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his office
during the remainder of the term and until his 
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successor shall be appointed
and qualified. Each member of the 
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Commission shall hold office for a term
of 5 years from the 
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third Monday in January of the year in which his
predecessor's 
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term expires.
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    Notwithstanding any provision of this Section to the 
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contrary, the term of
office of each member of the Commission 
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is terminated on the effective date of
this amendatory Act of 
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1995, but the incumbent members
shall continue to exercise all 
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of the powers and be subject to all of the
duties of members of 
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the Commission until their respective successors are
appointed 
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and qualified.  Of the members initially appointed under the

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provisions of this amendatory Act of 1995, one member shall be 
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appointed for a
term of office which shall expire on the third 
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Monday of January, 1997; 2
members shall be appointed for terms 
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of office which shall expire on the third
Monday of January, 
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1998; one member shall be appointed for a term of office
which 
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shall expire on the third Monday of January, 1999; and one 
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member shall
be appointed for a term of office which shall 
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expire on the third Monday of
January, 2000.  Each respective 
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successor shall be appointed for a term of
5 years from the 
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third Monday of January of the year in which his
predecessor's 
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term expires in accordance with the provisions of the first

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paragraph of this Section.

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    Each member shall serve until his successor is appointed 
 


 






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and qualified,
except that if the Senate refuses to consent to 
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the appointment of any
member, such office shall be deemed 
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vacant, and within 2 weeks of the date
the Senate refuses to 
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consent to the reappointment of any member, such
member shall 
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vacate such office. The Governor shall from time to time

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designate the member of the Commission who shall be its 
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chairman.
Consistent with the provisions of this Act, the 
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Chairman shall be the chief
executive officer of the Commission 
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for the purpose of ensuring that the
Commission's policies are 
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properly executed.

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    If there is no vacancy on the Commission, 4 members of the 
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Commission shall
constitute a quorum to transact business; 
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otherwise, a majority of the
Commission shall constitute a 
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quorum to transact business,
and no vacancy shall impair the 
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right of the remaining
commissioners to
exercise all of the 
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powers of the Commission. Every finding,
order, or
decision 
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approved by a majority of the members of the Commission shall 
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be
deemed to be the finding, order, or decision of the 
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Commission.

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(Source: P.A. 92-22, eff. 6-30-01.)".