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1 | AN ACT concerning energy.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||
4 | Section 5. The Election Code is amended by changing
| ||||||||||||||||||||||||
5 | Sections 2A-1.2, 7-10, 7-12, 10-9, 22-1, and 22-7 as follows:
| ||||||||||||||||||||||||
6 | (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
| ||||||||||||||||||||||||
7 | Sec. 2A-1.2. Consolidated schedule of elections ; offices | ||||||||||||||||||||||||
8 | designated.
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9 | (a) At the general election in the appropriate | ||||||||||||||||||||||||
10 | even-numbered years, the
following offices shall be filled or | ||||||||||||||||||||||||
11 | shall be on the ballot as otherwise
required by this Code:
| ||||||||||||||||||||||||
12 | (1) Elector of President and Vice President of the | ||||||||||||||||||||||||
13 | United States;
| ||||||||||||||||||||||||
14 | (2) United States Senator and United States | ||||||||||||||||||||||||
15 | Representative;
| ||||||||||||||||||||||||
16 | (3) State Executive Branch elected officers;
| ||||||||||||||||||||||||
17 | (4) State Senator and State Representative;
| ||||||||||||||||||||||||
18 | (5) County elected officers, including State's | ||||||||||||||||||||||||
19 | Attorney, County Board
member, County Commissioners, and | ||||||||||||||||||||||||
20 | elected President of the County Board or
County Chief | ||||||||||||||||||||||||
21 | Executive;
| ||||||||||||||||||||||||
22 | (6) Circuit Court Clerk;
| ||||||||||||||||||||||||
23 | (7) Regional Superintendent of Schools, except in |
| |||||||
| |||||||
1 | counties or
educational service regions in which that | ||||||
2 | office has been abolished;
| ||||||
3 | (8) Judges of the Supreme, Appellate and Circuit | ||||||
4 | Courts, on the question
of retention, to fill vacancies and | ||||||
5 | newly created judicial offices;
| ||||||
6 | (9) Members of the Illinois Commerce Commission
| ||||||
7 | (Blank) ;
| ||||||
8 | (10) Trustee of the Metropolitan Sanitary District of | ||||||
9 | Chicago, and elected
Trustee of other Sanitary Districts;
| ||||||
10 | (11) Special District elected officers, not otherwise | ||||||
11 | designated in this
Section, where the statute creating or | ||||||
12 | authorizing the creation of
the district requires an annual | ||||||
13 | election and permits or requires election
of candidates of | ||||||
14 | political parties.
| ||||||
15 | (b) At the general primary election:
| ||||||
16 | (1) in each even-numbered year candidates of political | ||||||
17 | parties shall be
nominated for those offices to be filled | ||||||
18 | at the general election in that
year, except where pursuant | ||||||
19 | to law nomination of candidates of political
parties is | ||||||
20 | made by caucus.
| ||||||
21 | (2) in the appropriate even-numbered years the | ||||||
22 | political party offices of
State central committeeman, | ||||||
23 | township committeeman, ward committeeman, and
precinct | ||||||
24 | committeeman shall be filled and delegates and alternate | ||||||
25 | delegates
to the National nominating conventions shall be | ||||||
26 | elected as may be required
pursuant to this Code. In the |
| |||||||
| |||||||
1 | even-numbered years in which a Presidential
election is to | ||||||
2 | be held, candidates in the Presidential preference primary
| ||||||
3 | shall also be on the ballot.
| ||||||
4 | (3) in each even-numbered year, where the municipality | ||||||
5 | has provided for
annual elections to elect municipal | ||||||
6 | officers pursuant to Section 6(f) or
Section 7 of Article | ||||||
7 | VII of the Constitution, pursuant to the Illinois
Municipal | ||||||
8 | Code or pursuant to the municipal charter, the offices of | ||||||
9 | such
municipal officers shall be filled at an election held | ||||||
10 | on the date of the
general primary election, provided that | ||||||
11 | the municipal election shall be a
nonpartisan election | ||||||
12 | where required by the Illinois Municipal Code. For
partisan | ||||||
13 | municipal elections in even-numbered years, a primary to | ||||||
14 | nominate
candidates for municipal office to be elected at | ||||||
15 | the general primary
election shall be held on the Tuesday 6 | ||||||
16 | weeks preceding that election.
| ||||||
17 | (4) in each school district which has adopted the | ||||||
18 | provisions of
Article 33 of the School Code, successors to | ||||||
19 | the members of the board
of education whose terms expire in | ||||||
20 | the year in which the general primary is
held shall be | ||||||
21 | elected.
| ||||||
22 | (c) At the consolidated election in the appropriate | ||||||
23 | odd-numbered years,
the following offices shall be filled:
| ||||||
24 | (1) Municipal officers, provided that in | ||||||
25 | municipalities in which
candidates for alderman or other | ||||||
26 | municipal office are not permitted by law
to be candidates |
| |||||||
| |||||||
1 | of political parties, the runoff election where required
by | ||||||
2 | law, or the nonpartisan election where required by law, | ||||||
3 | shall be held on
the date of the consolidated election; and | ||||||
4 | provided further, in the case of
municipal officers | ||||||
5 | provided for by an ordinance providing the form of
| ||||||
6 | government of the municipality pursuant to Section 7 of | ||||||
7 | Article VII of the
Constitution, such offices shall be | ||||||
8 | filled by election or by runoff
election as may be provided | ||||||
9 | by such ordinance;
| ||||||
10 | (2) Village and incorporated town library directors;
| ||||||
11 | (3) City boards of stadium commissioners;
| ||||||
12 | (4) Commissioners of park districts;
| ||||||
13 | (5) Trustees of public library districts;
| ||||||
14 | (6) Special District elected officers, not otherwise | ||||||
15 | designated in this
section, where the statute creating or | ||||||
16 | authorizing the creation of the district
permits or | ||||||
17 | requires election of candidates of political parties;
| ||||||
18 | (7) Township officers, including township park | ||||||
19 | commissioners, township
library directors, and boards of | ||||||
20 | managers of community buildings, and
Multi-Township | ||||||
21 | Assessors;
| ||||||
22 | (8) Highway commissioners and road district clerks;
| ||||||
23 | (9) Members of school boards in school districts which | ||||||
24 | adopt Article 33
of the School Code;
| ||||||
25 | (10) The directors and chairman of the Chain O Lakes - | ||||||
26 | Fox River Waterway
Management Agency;
|
| |||||||
| |||||||
1 | (11) Forest preserve district commissioners elected | ||||||
2 | under Section 3.5 of
the Downstate Forest Preserve District | ||||||
3 | Act;
| ||||||
4 | (12) Elected members of school boards, school | ||||||
5 | trustees, directors of
boards of school directors, | ||||||
6 | trustees of county boards of school trustees
(except in | ||||||
7 | counties or educational service regions having a | ||||||
8 | population
of 2,000,000 or more inhabitants) and members of | ||||||
9 | boards of school inspectors,
except school boards in school
| ||||||
10 | districts that adopt Article 33 of the School Code;
| ||||||
11 | (13) Members of Community College district boards;
| ||||||
12 | (14) Trustees of Fire Protection Districts;
| ||||||
13 | (15) Commissioners of the Springfield Metropolitan | ||||||
14 | Exposition and
Auditorium
Authority;
| ||||||
15 | (16) Elected Trustees of Tuberculosis Sanitarium | ||||||
16 | Districts;
| ||||||
17 | (17) Elected Officers of special districts not | ||||||
18 | otherwise designated in
this Section for which the law | ||||||
19 | governing those districts does not permit
candidates of | ||||||
20 | political parties.
| ||||||
21 | (d) At the consolidated primary election in each | ||||||
22 | odd-numbered year,
candidates of political parties shall be | ||||||
23 | nominated for those offices to be
filled at the consolidated | ||||||
24 | election in that year, except where pursuant to
law nomination | ||||||
25 | of candidates of political parties is made by caucus, and
| ||||||
26 | except those offices listed in paragraphs (12) through (17) of |
| |||||||
| |||||||
1 | subsection
(c).
| ||||||
2 | At the consolidated primary election in the appropriate | ||||||
3 | odd-numbered years,
the mayor, clerk, treasurer, and aldermen | ||||||
4 | shall be elected in
municipalities in which
candidates for | ||||||
5 | mayor, clerk, treasurer, or alderman are not permitted by
law | ||||||
6 | to be candidates
of political parties, subject to runoff | ||||||
7 | elections to be held at the
consolidated election as may be | ||||||
8 | required
by law, and municipal officers shall be nominated in a | ||||||
9 | nonpartisan election
in municipalities in which pursuant to law | ||||||
10 | candidates for such office are
not permitted to be candidates | ||||||
11 | of political parties.
| ||||||
12 | At the consolidated primary election in the appropriate | ||||||
13 | odd-numbered years,
municipal officers shall be nominated or | ||||||
14 | elected, or elected subject to
a runoff, as may be provided by | ||||||
15 | an ordinance providing a form of government
of the municipality | ||||||
16 | pursuant to Section 7 of Article VII of the Constitution.
| ||||||
17 | (e) (Blank).
| ||||||
18 | (f) At any election established in Section 2A-1.1, public | ||||||
19 | questions may
be submitted to voters pursuant to this Code and | ||||||
20 | any special election
otherwise required or authorized by law or | ||||||
21 | by court order may be conducted
pursuant to this Code.
| ||||||
22 | Notwithstanding the regular dates for election of officers | ||||||
23 | established
in this Article, whenever a referendum is held for | ||||||
24 | the establishment of
a political subdivision whose officers are | ||||||
25 | to be elected, the initial officers
shall be elected at the | ||||||
26 | election at which such referendum is held if otherwise
so |
| |||||||
| |||||||
1 | provided by law. In such cases, the election of the initial | ||||||
2 | officers
shall be subject to the referendum.
| ||||||
3 | Notwithstanding the regular dates for election of | ||||||
4 | officials established
in this Article, any community college | ||||||
5 | district which becomes effective by
operation of law pursuant | ||||||
6 | to Section 6-6.1 of the Public Community College
Act, as now or | ||||||
7 | hereafter amended, shall elect the initial district board
| ||||||
8 | members at the next regularly scheduled election following the | ||||||
9 | effective
date of the new district.
| ||||||
10 | (g) At any election established in Section 2A-1.1, if in | ||||||
11 | any precinct
there are no offices or public questions required | ||||||
12 | to be on the ballot under
this Code then no election shall be | ||||||
13 | held in the precinct on that date.
| ||||||
14 | (h) There may be conducted a
referendum in accordance with | ||||||
15 | the provisions of Division 6-4 of the
Counties Code.
| ||||||
16 | (Source: P.A. 89-5, eff. 1-1-96; 89-95,
eff. 1-1-96; 89-626, | ||||||
17 | eff. 8-9-96; 90-358, eff. 1-1-98.)
| ||||||
18 | (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
| ||||||
19 | Sec. 7-10. Form of petition for nomination. The name of no | ||||||
20 | candidate for
nomination, or State central committeeman, or | ||||||
21 | township committeeman, or
precinct committeeman, or ward | ||||||
22 | committeeman or candidate for delegate or
alternate delegate to | ||||||
23 | national nominating conventions, shall be printed
upon the | ||||||
24 | primary ballot unless a petition for nomination has been filed | ||||||
25 | in
his behalf as provided in this Article in substantially the |
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| |||||||||||||||||
1 | following form:
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2 | We, the undersigned, members of and affiliated with the | ||||||||||||||||
3 | .... party
and qualified primary electors of the .... party, in | ||||||||||||||||
4 | the .... of ....,
in the county of .... and State of Illinois, | ||||||||||||||||
5 | do hereby petition that
the following named person or persons | ||||||||||||||||
6 | shall be a candidate or candidates
of the .... party for the | ||||||||||||||||
7 | nomination for (or in case of committeemen for
election to) the | ||||||||||||||||
8 | office or offices hereinafter specified, to be voted
for at the | ||||||||||||||||
9 | primary election to be held on (insert date).
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| |||||||||||||||||
13 | Name.................. Address.......................
| ||||||||||||||||
14 | State of Illinois)
| ||||||||||||||||
15 | ) ss.
| ||||||||||||||||
16 | County of........)
| ||||||||||||||||
17 | I, ...., do hereby certify
that I reside at No. .... | ||||||||||||||||
18 | street, in the .... of ...., county of ....,
and State of | ||||||||||||||||
19 | ....., that I am 18 years of age or older, that
I am a citizen | ||||||||||||||||
20 | of the United States, and that the signatures on this sheet
| ||||||||||||||||
21 | were signed
in my presence, and are genuine, and that to the | ||||||||||||||||
22 | best of my knowledge
and belief the persons so signing were at | ||||||||||||||||
23 | the time of signing the
petitions qualified voters of the .... | ||||||||||||||||
24 | party, and that their respective
residences are correctly |
| |||||||
| |||||||
1 | stated, as above set forth.
| ||||||
2 | .........................
| ||||||
3 | Subscribed and sworn to before me on (insert date).
| ||||||
4 | .........................
| ||||||
5 | |||||||
6 | Each sheet of the petition other than the statement of | ||||||
7 | candidacy and
candidate's statement shall be of uniform size | ||||||
8 | and shall contain above
the space for signatures an appropriate | ||||||
9 | heading giving the information
as to name of candidate or | ||||||
10 | candidates, in whose behalf such petition is
signed; the | ||||||
11 | office, the political party represented and place of
residence; | ||||||
12 | and the heading of each sheet shall be the same.
| ||||||
13 | Such petition shall be signed by qualified primary electors | ||||||
14 | residing
in the political division for which the nomination is | ||||||
15 | sought in their
own proper persons only and opposite the | ||||||
16 | signature of each signer, his
residence address shall be | ||||||
17 | written or printed. The residence address
required to be | ||||||
18 | written or printed opposite each qualified primary elector's
| ||||||
19 | name shall include the street address or rural route number of | ||||||
20 | the signer,
as the case may be, as well as the signer's county, | ||||||
21 | and city, village or
town, and state.
However the county or | ||||||
22 | city, village or town, and state of residence of
the electors | ||||||
23 | may be printed on the petition forms where all of the
electors | ||||||
24 | signing the petition reside in the same county or city, village
| ||||||
25 | or town, and state. Standard abbreviations may be used in |
| |||||||
| |||||||
1 | writing the
residence address, including street number, if any. | ||||||
2 | At the bottom of
each sheet of such petition shall be added a | ||||||
3 | circulator statement signed by
a person 18 years of age or | ||||||
4 | older who is a citizen of the United States,
stating the street | ||||||
5 | address or rural route number, as the case may be, as well
as | ||||||
6 | the county, city, village or town, and state;
and certifying | ||||||
7 | that the signatures on that sheet of the petition were signed | ||||||
8 | in
his or her presence and certifying that the signatures are | ||||||
9 | genuine; and
either (1) indicating the dates on which that | ||||||
10 | sheet was circulated, or (2)
indicating the first and last | ||||||
11 | dates on which the sheet was circulated, or (3)
certifying that | ||||||
12 | none of the signatures on the sheet were signed more than 90
| ||||||
13 | days preceding the last day for the filing of the petition and | ||||||
14 | certifying that
to the best of his or her knowledge and belief | ||||||
15 | the persons so signing were at
the time of signing the | ||||||
16 | petitions qualified voters of the political party for
which a | ||||||
17 | nomination is sought. Such statement shall be sworn to before | ||||||
18 | some
officer authorized to administer oaths in this State.
| ||||||
19 | No petition sheet shall be circulated more than 90 days | ||||||
20 | preceding the
last day provided in Section 7-12 for the filing | ||||||
21 | of such petition.
| ||||||
22 | The person circulating the petition, or the candidate on | ||||||
23 | whose behalf the
petition is circulated, may strike any | ||||||
24 | signature from the petition,
provided that:
| ||||||
25 | (1) the person striking the signature shall initial the | ||||||
26 | petition at
the place where the signature is struck; and
|
| |||||||
| |||||||
1 | (2) the person striking the signature shall sign a | ||||||
2 | certification
listing the page number and line number of | ||||||
3 | each signature struck from
the petition. Such | ||||||
4 | certification shall be filed as a part of the petition.
| ||||||
5 | Such sheets before being filed shall be neatly fastened | ||||||
6 | together in
book form, by placing the sheets in a pile and | ||||||
7 | fastening them together
at one edge in a secure and suitable | ||||||
8 | manner, and the sheets shall then
be numbered consecutively. | ||||||
9 | The sheets shall not be fastened by pasting
them together end | ||||||
10 | to end, so as to form a continuous strip or roll. All
petition | ||||||
11 | sheets which are filed with the proper local election | ||||||
12 | officials,
election authorities or the State Board of Elections | ||||||
13 | shall be the original
sheets which have been signed by the | ||||||
14 | voters and by the circulator thereof,
and not photocopies or | ||||||
15 | duplicates of such sheets. Each petition must include
as a part | ||||||
16 | thereof, a statement of candidacy for each of the candidates | ||||||
17 | filing,
or in whose behalf the petition is filed. This | ||||||
18 | statement shall set out the
address of such candidate, the | ||||||
19 | office for which he is a candidate, shall state
that the | ||||||
20 | candidate is a qualified primary voter of the party to which | ||||||
21 | the
petition relates and is qualified for the office specified | ||||||
22 | (in the case of a
candidate for State's Attorney it shall state | ||||||
23 | that the candidate is at the time
of filing such statement a | ||||||
24 | licensed attorney-at-law of this State), shall state
that he | ||||||
25 | has filed (or will file before the close of the petition filing | ||||||
26 | period)
a statement of economic interests as required by the |
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
1 | Illinois Governmental
Ethics Act, shall request that the | |||||||||||||||||||||||||||||
2 | candidate's name be placed upon the official
ballot, and shall | |||||||||||||||||||||||||||||
3 | be subscribed and sworn to by such candidate before some
| |||||||||||||||||||||||||||||
4 | officer authorized to take acknowledgment of deeds in the State | |||||||||||||||||||||||||||||
5 | and shall be in
substantially the following form:
| |||||||||||||||||||||||||||||
6 | Statement of Candidacy
| |||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
11 | State of Illinois)
| |||||||||||||||||||||||||||||
12 | ) ss.
| |||||||||||||||||||||||||||||
13 | County of .......)
| |||||||||||||||||||||||||||||
14 | I, ...., being first duly sworn, say that I reside at .... | |||||||||||||||||||||||||||||
15 | Street in the city
(or village) of ...., in the county of ...., | |||||||||||||||||||||||||||||
16 | State of Illinois; that I
am a qualified voter therein and am a | |||||||||||||||||||||||||||||
17 | qualified primary voter of the ....
party; that I am a | |||||||||||||||||||||||||||||
18 | candidate for nomination (for election in the case of
| |||||||||||||||||||||||||||||
19 | committeeman and delegates and alternate delegates) to the | |||||||||||||||||||||||||||||
20 | office of ....
to be voted upon at the primary election to be | |||||||||||||||||||||||||||||
21 | held on (insert date); that I am
legally qualified (including
| |||||||||||||||||||||||||||||
22 | being the holder of any license that may be an eligibility | |||||||||||||||||||||||||||||
23 | requirement
for the office I seek the nomination for) to hold | |||||||||||||||||||||||||||||
24 | such office and that I
have filed (or I will file before the | |||||||||||||||||||||||||||||
25 | close of the petition filing period)
a statement of economic |
| |||||||
| |||||||
1 | interests as required by the Illinois
Governmental Ethics Act | ||||||
2 | and I hereby request that my name be printed
upon the official | ||||||
3 | primary ballot for nomination for (or election to in
the case | ||||||
4 | of committeemen and delegates and alternate delegates) such
| ||||||
5 | office.
| ||||||
6 | Signed ......................
| ||||||
7 | Subscribed and sworn to (or affirmed) before me by ...., | ||||||
8 | who is to me
personally known, on (insert date).
| ||||||
9 | Signed ....................
| ||||||
10 | (Official Character)
| ||||||
11 | (Seal, if officer has one.)
| ||||||
12 | The petitions, when filed, shall not be withdrawn or added | ||||||
13 | to, and no
signatures shall be revoked except by revocation | ||||||
14 | filed in writing with
the State Board of Elections, election | ||||||
15 | authority or local election
official with whom the petition is | ||||||
16 | required to be filed, and before the
filing of such petition. | ||||||
17 | Whoever forges the name of a signer upon any
petition required | ||||||
18 | by this Article is deemed guilty of a forgery and on
conviction | ||||||
19 | thereof shall be punished accordingly.
| ||||||
20 | A candidate for the offices listed in this Section must | ||||||
21 | obtain the number
of signatures specified in this Section on | ||||||
22 | his or her petition for nomination.
| ||||||
23 | (a) Statewide office or delegate to a national nominating | ||||||
24 | convention. If a
candidate seeks to run for statewide office or | ||||||
25 | as a delegate or alternate
delegate to a national nominating |
| |||||||
| |||||||
1 | convention elected from the State at-large,
then the | ||||||
2 | candidate's petition for nomination must contain at least 5,000 | ||||||
3 | but
not more than 10,000 signatures.
| ||||||
4 | (b) Congressional office or congressional delegate to a | ||||||
5 | national nominating
convention. If a candidate seeks to run for | ||||||
6 | United States Congress or as a
congressional delegate or | ||||||
7 | alternate congressional delegate to a national
nominating | ||||||
8 | convention elected from a congressional district, then the
| ||||||
9 | candidate's petition for nomination must contain at least the | ||||||
10 | number of
signatures equal to 0.5% of the qualified primary | ||||||
11 | electors of his or her party
in his or her congressional | ||||||
12 | district. In the first primary election following a
| ||||||
13 | redistricting of congressional districts, a candidate's | ||||||
14 | petition for nomination
must contain at least 600 signatures of | ||||||
15 | qualified primary electors of the
candidate's political party | ||||||
16 | in his or her congressional district.
| ||||||
17 | (c) County office. If a candidate seeks to run for any | ||||||
18 | countywide office,
including but not limited to county board | ||||||
19 | chairperson or county board
member, elected on an at-large | ||||||
20 | basis, in a county other than Cook County,
then the candidate's | ||||||
21 | petition for nomination must contain at least the number
of | ||||||
22 | signatures equal to 0.5% of the qualified electors of his or | ||||||
23 | her party who
cast votes at the last preceding general election | ||||||
24 | in his or her county. If a
candidate
seeks to run for county | ||||||
25 | board member elected from a county board district, then
the | ||||||
26 | candidate's petition for nomination must contain at least the |
| |||||||
| |||||||
1 | number of
signatures equal to 0.5% of the qualified primary | ||||||
2 | electors of his or her party
in the
county board district. In | ||||||
3 | the first primary election following a redistricting
of county | ||||||
4 | board districts or the initial establishment of county board
| ||||||
5 | districts, a candidate's petition for nomination must contain | ||||||
6 | at least the
number of signatures equal to 0.5% of the | ||||||
7 | qualified electors of his or her
party
in the entire county who | ||||||
8 | cast votes at the last preceding general election
divided by | ||||||
9 | the
total number of county board districts comprising the | ||||||
10 | county board; provided
that
in no event shall the number of | ||||||
11 | signatures be less than 25.
| ||||||
12 | (d) County office; Cook County only.
| ||||||
13 | (1) If a candidate seeks to run for countywide office | ||||||
14 | in Cook County,
then the candidate's petition for | ||||||
15 | nomination must contain at least the number
of signatures | ||||||
16 | equal to 0.5% of the qualified electors of his or her party | ||||||
17 | who
cast votes at the last preceding general election in | ||||||
18 | Cook County.
| ||||||
19 | (2) If a candidate seeks to run for Cook County Board | ||||||
20 | Commissioner,
then the candidate's petition for nomination | ||||||
21 | must contain at least the number
of signatures equal to | ||||||
22 | 0.5% of
the qualified primary electors of his or her party | ||||||
23 | in his or her county board
district. In the first primary | ||||||
24 | election following a redistricting of Cook
County Board of | ||||||
25 | Commissioners districts, a candidate's petition for
| ||||||
26 | nomination must contain at least the number of signatures |
| |||||||
| |||||||
1 | equal to 0.5% of
the qualified electors of his or her party | ||||||
2 | in the entire county who cast votes
at the last
preceding | ||||||
3 | general election divided by the total number of county | ||||||
4 | board
districts comprising the county board; provided that | ||||||
5 | in no event shall the
number of signatures be less than 25.
| ||||||
6 | (3) If a candidate seeks to run for Cook County Board | ||||||
7 | of Review
Commissioner, which is elected from a district | ||||||
8 | pursuant to subsection (c)
of Section 5-5 of the Property | ||||||
9 | Tax Code, then the candidate's petition for
nomination must | ||||||
10 | contain at least the number of signatures equal to 0.5% of
| ||||||
11 | the total number of registered voters in his or her board | ||||||
12 | of
review district in the last general election at which a | ||||||
13 | commissioner was
regularly scheduled to be elected from | ||||||
14 | that board of review district. In no
event shall the number | ||||||
15 | of signatures required be greater than the requisite
number | ||||||
16 | for a candidate who seeks countywide office in Cook County
| ||||||
17 | under subsection (d)(1) of this Section. In the first | ||||||
18 | primary election
following a redistricting of Cook County | ||||||
19 | Board of Review districts, a
candidate's petition for | ||||||
20 | nomination must contain at least 4,000 signatures
or at | ||||||
21 | least the number of signatures required for a countywide | ||||||
22 | candidate in
Cook County, whichever is less,
of the | ||||||
23 | qualified electors of his or her party in the district.
| ||||||
24 | (e) Municipal or township office. If a candidate seeks to | ||||||
25 | run for municipal
or township office, then the candidate's | ||||||
26 | petition for nomination must contain
at least the number of |
| |||||||
| |||||||
1 | signatures equal to 0.5% of the qualified primary
electors of | ||||||
2 | his or her party in the municipality or township. If a | ||||||
3 | candidate
seeks to run for alderman of a municipality, then the | ||||||
4 | candidate's petition for
nomination must contain at least the | ||||||
5 | number of signatures equal to 0.5% of the
qualified primary | ||||||
6 | electors of his or her party of the ward. In the first
primary | ||||||
7 | election following redistricting of aldermanic wards or | ||||||
8 | trustee
districts of a municipality or the initial | ||||||
9 | establishment of wards or districts,
a candidate's petition for | ||||||
10 | nomination must contain the number of signatures
equal to at | ||||||
11 | least 0.5% of the total number of votes cast for the candidate | ||||||
12 | of
that political party who received the highest number of | ||||||
13 | votes in the entire
municipality at the last regular election | ||||||
14 | at which an officer was regularly
scheduled to be elected from
| ||||||
15 | the entire municipality, divided by the number of wards or | ||||||
16 | districts. In no
event shall the number of signatures be less | ||||||
17 | than 25.
| ||||||
18 | (f) State central committeeperson. If a candidate seeks to | ||||||
19 | run for State
central committeeperson, then the candidate's | ||||||
20 | petition for nomination must
contain at least 100 signatures of | ||||||
21 | the primary electors of his or her party of
his or
her | ||||||
22 | congressional district.
| ||||||
23 | (g) Sanitary district trustee. If a candidate seeks to run | ||||||
24 | for trustee of a
sanitary district in which trustees are not | ||||||
25 | elected from wards, then the
candidate's petition for | ||||||
26 | nomination must contain at least the number of
signatures equal |
| |||||||
| |||||||
1 | to 0.5% of the primary electors of his or her party from the
| ||||||
2 | sanitary district. If a candidate seeks to run for trustee
of a | ||||||
3 | sanitary district in which trustees are elected from wards, | ||||||
4 | then the
candidate's petition for
nomination must contain at | ||||||
5 | least the number of signatures equal to 0.5% of the
primary | ||||||
6 | electors of his or her party in the ward of that sanitary | ||||||
7 | district. In
the
first primary election following | ||||||
8 | redistricting of sanitary districts elected
from wards, a | ||||||
9 | candidate's petition for nomination must contain at least the
| ||||||
10 | signatures of 150 qualified primary electors of his or her ward | ||||||
11 | of that
sanitary district.
| ||||||
12 | (h) Judicial office. If a candidate seeks to run for | ||||||
13 | judicial office in a district, then the candidate's petition | ||||||
14 | for nomination must contain the number of signatures equal to | ||||||
15 | 0.4% of the number of votes cast in that district for the | ||||||
16 | candidate for his or her political party for the office of | ||||||
17 | Governor at the last general election at which a Governor was | ||||||
18 | elected, but in no event less than 500 signatures. If a | ||||||
19 | candidate seeks to run for judicial office in a
circuit or | ||||||
20 | subcircuit, then the candidate's petition for nomination
must | ||||||
21 | contain the number of signatures equal to 0.25% of the number | ||||||
22 | of votes
cast for the judicial candidate of his or her | ||||||
23 | political party who received the
highest number of votes
at the | ||||||
24 | last general election at which a judicial
officer from the same | ||||||
25 | circuit or subcircuit was regularly scheduled
to be elected, | ||||||
26 | but in no event less than 500 signatures.
|
| |||||||
| |||||||
1 | (i) Precinct, ward, and township committeeperson. If a | ||||||
2 | candidate seeks to
run for precinct committeeperson, then the | ||||||
3 | candidate's petition for nomination
must contain at least 10 | ||||||
4 | signatures of the primary electors of his or her
party for the | ||||||
5 | precinct. If a candidate seeks to run for ward committeeperson,
| ||||||
6 | then the candidate's petition for nomination must contain no | ||||||
7 | less than the
number of signatures equal to 10% of the primary | ||||||
8 | electors of his or her party
of the ward, but no more than 16% | ||||||
9 | of those same electors; provided that the
maximum number of | ||||||
10 | signatures may be 50 more than the minimum number, whichever
is | ||||||
11 | greater. If a candidate seeks to run for township | ||||||
12 | committeeperson, then the
candidate's petition for nomination | ||||||
13 | must contain no less than the number of
signatures equal to 5% | ||||||
14 | of the primary electors of his or her party of the
township, | ||||||
15 | but no more than 8% of those same electors;
provided that the | ||||||
16 | maximum number of signatures may be 50 more than the
minimum | ||||||
17 | number, whichever is greater.
| ||||||
18 | (j) State's attorney or regional superintendent of schools | ||||||
19 | for multiple
counties. If
a candidate seeks to run for State's | ||||||
20 | attorney or regional Superintendent of
Schools who serves more | ||||||
21 | than one county, then the candidate's petition for
nomination | ||||||
22 | must contain at least the number of signatures equal to 0.5% of | ||||||
23 | the
primary electors of his or her party in the territory | ||||||
24 | comprising the counties.
| ||||||
25 | (k) If for a candidate for member of the Illinois Commerce | ||||||
26 | Commission,
by at least 0.5% of the primary electors of his or |
| |||||||
| |||||||
1 | her party in the district in
which the person is a candidate | ||||||
2 | for nomination.
| ||||||
3 | (l)
(k) Any other office. If a candidate seeks any other | ||||||
4 | office, then the
candidate's petition for nomination must | ||||||
5 | contain at least the number of
signatures equal to 0.5% of the | ||||||
6 | registered voters of the political subdivision,
district, or | ||||||
7 | division for which the nomination is made or 25 signatures,
| ||||||
8 | whichever is greater.
| ||||||
9 | For purposes of this Section the number of primary electors | ||||||
10 | shall be
determined by taking the total vote cast, in the | ||||||
11 | applicable district, for the
candidate for that political party | ||||||
12 | who received the highest number of votes,
statewide, at the | ||||||
13 | last general election in the State at which electors for
| ||||||
14 | President of the United States were elected. For political | ||||||
15 | subdivisions, the
number of primary electors shall be | ||||||
16 | determined by taking the total vote
cast for the candidate for | ||||||
17 | that political party who received the highest number
of votes | ||||||
18 | in the political subdivision at the last regular election at | ||||||
19 | which an
officer was regularly scheduled to be elected from | ||||||
20 | that subdivision. For wards
or districts of political | ||||||
21 | subdivisions, the number of primary electors shall be
| ||||||
22 | determined by taking the total vote cast for the candidate for | ||||||
23 | that political
party who received the highest number of votes | ||||||
24 | in the ward or district at the
last regular election at which | ||||||
25 | an officer was regularly scheduled to be elected
from that ward | ||||||
26 | or district.
|
| |||||||
| |||||||
1 | A "qualified primary elector" of a party may not
sign | ||||||
2 | petitions for or be a candidate in the primary of more than
one | ||||||
3 | party.
| ||||||
4 | The changes made to this Section of this amendatory Act of | ||||||
5 | the 93rd General
Assembly are declarative of existing law, | ||||||
6 | except for item (3) of subsection
(d).
| ||||||
7 | Petitions of candidates for nomination for offices herein | ||||||
8 | specified,
to be filed with the same officer, may contain the | ||||||
9 | names of 2 or more
candidates of the same political party for | ||||||
10 | the same or different
offices.
| ||||||
11 | (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
| ||||||
12 | (10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
| ||||||
13 | Sec. 7-12. Filing of petitions for nomination. All | ||||||
14 | petitions for
nomination shall be filed by mail or
in person as | ||||||
15 | follows:
| ||||||
16 | (1) Where the nomination is to be made for a State, | ||||||
17 | congressional,
Illinois Commerce Commission, or
judicial | ||||||
18 | office, or for any office a nomination for which is made for a
| ||||||
19 | territorial division or district which comprises more than one | ||||||
20 | county or
is partly in one county and partly in another county | ||||||
21 | or counties, then,
except as otherwise provided in this | ||||||
22 | Section, such petition for nomination
shall be filed in the | ||||||
23 | principal office of the State Board of Elections not
more than | ||||||
24 | 99 and not less than 92 days prior to the date of the primary,
| ||||||
25 | but, in the case of petitions for nomination to fill a vacancy |
| |||||||
| |||||||
1 | by special
election in the office of representative in Congress | ||||||
2 | from this State, such
petition for nomination shall be filed in | ||||||
3 | the principal office of the State
Board of Elections not more | ||||||
4 | than 57 days and not less than 50 days prior to
the date of the | ||||||
5 | primary.
| ||||||
6 | Where a vacancy occurs in the office of Supreme, Appellate | ||||||
7 | or Circuit
Court Judge within the 3-week period preceding the | ||||||
8 | 92nd day before a
general primary election, petitions for | ||||||
9 | nomination for the office in which
the vacancy has occurred | ||||||
10 | shall be filed in the principal office of the
State Board of | ||||||
11 | Elections not more than 78 nor less than 71 days prior to
the | ||||||
12 | date of the general primary election.
| ||||||
13 | Where the nomination is to be made for delegates or | ||||||
14 | alternate
delegates to a national nominating convention, then | ||||||
15 | such petition for
nomination shall be filed in the principal | ||||||
16 | office of the State Board of
Elections not more than 99 and not | ||||||
17 | less than 92 days prior to the date of
the primary; provided, | ||||||
18 | however, that if the rules or policies of a national
political | ||||||
19 | party conflict with such requirements for filing petitions for
| ||||||
20 | nomination for delegates or alternate delegates to a national | ||||||
21 | nominating
convention, the chairman of the State central | ||||||
22 | committee of such national
political party shall notify the | ||||||
23 | Board in writing, citing by reference the
rules or policies of | ||||||
24 | the national political party in conflict, and in such
case the | ||||||
25 | Board shall direct such petitions to be filed not more than 69 | ||||||
26 | and
not less than 62 days prior to the date of the primary.
|
| |||||||
| |||||||
1 | (2) Where the nomination is to be made for a county office | ||||||
2 | or trustee
of a sanitary district then such petition shall be | ||||||
3 | filed in the office
of the county clerk not more than 99 nor | ||||||
4 | less than 92 days prior to the
date of the primary.
| ||||||
5 | (3) Where the nomination is to be made for a municipal or | ||||||
6 | township
office, such petitions for nomination shall be filed | ||||||
7 | in the office of
the local election official, not more than 78 | ||||||
8 | nor less than 71 days
prior to the date of the primary; | ||||||
9 | provided, where a municipality's or
township's boundaries are | ||||||
10 | coextensive with or are entirely within the
jurisdiction of a | ||||||
11 | municipal board of election commissioners, the petitions
shall | ||||||
12 | be filed in the office of such board; and provided, that | ||||||
13 | petitions
for the office of multi-township assessor shall be | ||||||
14 | filed with the election
authority.
| ||||||
15 | (4) The petitions of candidates for State central | ||||||
16 | committeeman shall
be filed in the principal office of the | ||||||
17 | State Board of Elections not
more than 99 nor less than 92 days | ||||||
18 | prior to the date of the primary.
| ||||||
19 | (5) Petitions of candidates for precinct, township or ward
| ||||||
20 | committeemen shall be filed in the office of the county clerk | ||||||
21 | not more
than 99 nor less than 92 days prior to the date of the | ||||||
22 | primary.
| ||||||
23 | (6) The State Board of Elections and the various election | ||||||
24 | authorities
and local election officials with whom such | ||||||
25 | petitions for nominations
are filed shall specify the place | ||||||
26 | where filings shall be made and upon
receipt shall endorse |
| |||||||
| |||||||
1 | thereon the day and hour on which each petition
was filed. All | ||||||
2 | petitions filed by persons waiting in line as of 8:00
a.m. on | ||||||
3 | the first day for filing, or as of the normal opening hour of
| ||||||
4 | the office involved on such day, shall be deemed filed as of | ||||||
5 | 8:00 a.m.
or the normal opening hour, as the case may be. | ||||||
6 | Petitions filed by mail
and received after midnight of the | ||||||
7 | first day for filing and in the first
mail delivery or pickup | ||||||
8 | of that day shall be deemed as filed as of 8:00
a.m. of that day | ||||||
9 | or as of the normal opening hour of such day, as the
case may | ||||||
10 | be. All petitions received thereafter shall be deemed as filed
| ||||||
11 | in the order of actual receipt. Where 2 or more petitions are | ||||||
12 | received
simultaneously, the State Board of Elections or the | ||||||
13 | various election
authorities or local election officials with | ||||||
14 | whom such petitions are
filed shall break ties and determine | ||||||
15 | the order of filing, by means of a
lottery or other fair and | ||||||
16 | impartial method of random selection approved
by the State | ||||||
17 | Board of Elections. Such lottery shall be conducted within
9 | ||||||
18 | days following the last day for petition filing and shall be | ||||||
19 | open to the
public. Seven days written notice of the time and | ||||||
20 | place of conducting such
random selection shall be given by the | ||||||
21 | State Board of Elections to the
chairman of the State central | ||||||
22 | committee of each established political
party, and by each | ||||||
23 | election authority or local election official, to the
County | ||||||
24 | Chairman of each established political party, and to each
| ||||||
25 | organization of citizens within the election jurisdiction | ||||||
26 | which was
entitled, under this Article, at the next preceding |
| |||||||
| |||||||
1 | election, to have
pollwatchers present on the day of election. | ||||||
2 | The State Board of Elections,
election authority or local | ||||||
3 | election official shall post in a conspicuous,
open and public | ||||||
4 | place, at the entrance of the office, notice of the time
and | ||||||
5 | place of such lottery. The State Board of Elections shall adopt | ||||||
6 | rules
and regulations governing the procedures for the conduct | ||||||
7 | of such lottery.
All candidates shall be certified in the order | ||||||
8 | in which their petitions
have been filed. Where candidates have | ||||||
9 | filed simultaneously, they shall be
certified in the order | ||||||
10 | determined by lot and prior to candidates who filed
for the | ||||||
11 | same office at a later time.
| ||||||
12 | (7) The State Board of Elections or the appropriate | ||||||
13 | election
authority or local election official with whom such a | ||||||
14 | petition for
nomination is filed shall notify the person for | ||||||
15 | whom a petition for
nomination has been filed of the obligation | ||||||
16 | to file statements of
organization, reports of campaign | ||||||
17 | contributions, and annual reports of
campaign contributions | ||||||
18 | and expenditures under Article 9 of this Act.
Such notice shall | ||||||
19 | be given in the manner prescribed by paragraph (7) of
Section | ||||||
20 | 9-16 of this Code.
| ||||||
21 | (8) Nomination papers filed under this Section are not | ||||||
22 | valid if the
candidate named therein fails to file a statement | ||||||
23 | of economic interests
as required by the Illinois Governmental | ||||||
24 | Ethics Act in relation to his
candidacy with the appropriate | ||||||
25 | officer by the end of the period for the
filing of nomination | ||||||
26 | papers unless he has filed a statement of economic
interests in |
| |||||||
| |||||||
1 | relation to the same governmental unit with that officer
within | ||||||
2 | a year preceding the date on which such nomination papers were
| ||||||
3 | filed. If the nomination papers of any candidate and the | ||||||
4 | statement of
economic interest of that candidate are not | ||||||
5 | required to be filed with
the same officer, the candidate must | ||||||
6 | file with the officer with whom the
nomination papers are filed | ||||||
7 | a receipt from the officer with whom the
statement of economic | ||||||
8 | interests is filed showing the date on which such
statement was | ||||||
9 | filed. Such receipt shall be so filed not later than the
last | ||||||
10 | day on which nomination papers may be filed.
| ||||||
11 | (9) Any person for whom a petition for nomination, or for | ||||||
12 | committeeman or
for delegate or alternate delegate to a | ||||||
13 | national nominating convention has
been filed may cause his | ||||||
14 | name to be withdrawn by request in writing, signed
by him and | ||||||
15 | duly acknowledged before an officer qualified to take
| ||||||
16 | acknowledgments of deeds, and filed in the principal or | ||||||
17 | permanent branch
office of the State Board of Elections or with | ||||||
18 | the appropriate election
authority or local election official, | ||||||
19 | not later than the date of
certification of candidates for the | ||||||
20 | consolidated primary or general primary
ballot. No names so | ||||||
21 | withdrawn shall be certified or printed on the
primary ballot. | ||||||
22 | If petitions for nomination have been filed for the
same person | ||||||
23 | with respect to more than one political party, his name
shall | ||||||
24 | not be certified nor printed on the primary ballot of any | ||||||
25 | party.
If petitions for nomination have been filed for the same | ||||||
26 | person for 2 or
more offices which are incompatible so that the |
| |||||||
| |||||||
1 | same person could not
serve in more than one of such offices if | ||||||
2 | elected, that person must
withdraw as a candidate for all but | ||||||
3 | one of such offices within the
5 business days following the | ||||||
4 | last day for petition filing. If he fails to
withdraw as a | ||||||
5 | candidate for all but one of such offices within such time
his | ||||||
6 | name shall not be certified, nor printed on the primary ballot, | ||||||
7 | for any
office. For the purpose of the foregoing provisions, an | ||||||
8 | office in a
political party is not incompatible with any other | ||||||
9 | office.
| ||||||
10 | (10) (a) Notwithstanding the provisions of any other | ||||||
11 | statute, no primary
shall be held for an established | ||||||
12 | political party in any township,
municipality, or ward | ||||||
13 | thereof, where the nomination of such
party for every | ||||||
14 | office to be voted upon by the electors of such
township, | ||||||
15 | municipality, or ward thereof, is uncontested. Whenever a
| ||||||
16 | political party's nomination of candidates is uncontested | ||||||
17 | as to one or
more, but not all, of the offices to be voted | ||||||
18 | upon by the electors of a
township, municipality, or ward | ||||||
19 | thereof, then a primary shall
be held for that party in | ||||||
20 | such township, municipality, or ward thereof;
provided | ||||||
21 | that the primary ballot shall not include those offices
| ||||||
22 | within such township, municipality, or ward thereof, for | ||||||
23 | which the
nomination is uncontested. For purposes of this | ||||||
24 | Article, the nomination
of an established political party | ||||||
25 | of a candidate for election to an office
shall be deemed to | ||||||
26 | be uncontested where not more than the number of persons
to |
| |||||||
| |||||||
1 | be nominated have timely filed valid nomination papers | ||||||
2 | seeking the
nomination of such party for election to such | ||||||
3 | office.
| ||||||
4 | (b) Notwithstanding the provisions of any other | ||||||
5 | statute, no primary
election shall be held for an | ||||||
6 | established political party for any special
primary | ||||||
7 | election called for the purpose of filling a vacancy in the | ||||||
8 | office
of representative in the United States Congress | ||||||
9 | where the nomination of
such political party for said | ||||||
10 | office is uncontested. For the purposes of
this Article, | ||||||
11 | the nomination of an established political party of a
| ||||||
12 | candidate for election to said office shall be deemed to be | ||||||
13 | uncontested
where not more than the number of persons to be | ||||||
14 | nominated have timely filed
valid nomination papers | ||||||
15 | seeking the nomination of such established party
for | ||||||
16 | election to said office. This subsection (b) shall not | ||||||
17 | apply if such
primary election is conducted on a regularly | ||||||
18 | scheduled election day.
| ||||||
19 | (c) Notwithstanding the provisions in subparagraph (a) | ||||||
20 | and (b) of this
paragraph (10), whenever a person who has | ||||||
21 | not timely filed valid nomination
papers and who intends to | ||||||
22 | become a write-in candidate for a political
party's | ||||||
23 | nomination for any office for which the nomination is | ||||||
24 | uncontested
files a written statement or notice of that | ||||||
25 | intent with the State Board of
Elections or the local | ||||||
26 | election official with whom nomination papers for
such |
| |||||||
| |||||||
1 | office are filed, a primary ballot shall be prepared and a | ||||||
2 | primary
shall be held for that office. Such statement or | ||||||
3 | notice shall be filed on
or before the date established in | ||||||
4 | this Article for certifying candidates
for the primary | ||||||
5 | ballot. Such statement or notice shall contain (i) the
name | ||||||
6 | and address of the person intending to become a write-in | ||||||
7 | candidate,
(ii) a statement that the person is a qualified | ||||||
8 | primary elector of the
political party from whom the | ||||||
9 | nomination is sought, (iii) a statement that
the person | ||||||
10 | intends to become a write-in candidate for the party's
| ||||||
11 | nomination, and (iv) the office the person is seeking as a | ||||||
12 | write-in
candidate. An election authority shall have no | ||||||
13 | duty to conduct a primary
and prepare a primary ballot for | ||||||
14 | any office for which the nomination is
uncontested unless a | ||||||
15 | statement or notice meeting the requirements of this
| ||||||
16 | Section is filed in a timely manner.
| ||||||
17 | (11) If multiple sets of nomination papers are filed for a | ||||||
18 | candidate to
the same office, the State Board of Elections, | ||||||
19 | appropriate election
authority or local election official | ||||||
20 | where the petitions are filed shall
within 2 business days | ||||||
21 | notify the candidate of his or her multiple petition
filings | ||||||
22 | and that the candidate has 3 business days after receipt of the
| ||||||
23 | notice to notify the State Board of Elections, appropriate | ||||||
24 | election
authority or local election official that he or she | ||||||
25 | may cancel prior sets
of petitions. If the candidate notifies | ||||||
26 | the State Board of Elections,
appropriate election authority or |
| |||||||
| |||||||
1 | local election official, the last set of
petitions filed shall | ||||||
2 | be the only petitions to be considered valid by the
State Board | ||||||
3 | of Elections, election authority or local election official. If
| ||||||
4 | the candidate fails to notify the State Board of Elections, | ||||||
5 | election authority
or local
election official then only the | ||||||
6 | first set of petitions filed shall be valid
and all subsequent | ||||||
7 | petitions shall be void.
| ||||||
8 | (12) All nominating petitions shall be available for public | ||||||
9 | inspection
and shall be preserved for a period of not less than | ||||||
10 | 6 months.
| ||||||
11 | (Source: P.A. 86-867; 86-873; 86-875; 86-1028; 86-1089; | ||||||
12 | 87-1052.)
| ||||||
13 | (10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
| ||||||
14 | Sec. 10-9. The following electoral boards are designated | ||||||
15 | for the
purpose of hearing and passing upon the objector's | ||||||
16 | petition described in
Section 10-8.
| ||||||
17 | 1. The State Board of Elections will hear and pass upon | ||||||
18 | objections
to the nominations of candidates for State offices,
| ||||||
19 | nominations of candidates for congressional, legislative and | ||||||
20 | judicial
offices of districts, subcircuits, or circuits | ||||||
21 | situated in more than one county, nominations of candidates for | ||||||
22 | members of the Illinois Commerce Commission, nominations
of | ||||||
23 | candidates for the offices of State's attorney or regional | ||||||
24 | superintendent
of schools to be elected from more than one | ||||||
25 | county, and petitions for
proposed amendments to the |
| |||||||
| |||||||
1 | Constitution of the State of Illinois as
provided for in | ||||||
2 | Section 3 of Article XIV of the Constitution.
| ||||||
3 | 2. The county officers electoral board to hear and pass | ||||||
4 | upon
objections to the nominations of candidates for county | ||||||
5 | offices,
for congressional, legislative and judicial offices | ||||||
6 | of a district, subcircuit, or
circuit coterminous with or less | ||||||
7 | than a county, for school trustees to be
voted for by the | ||||||
8 | electors of the county or by the electors of a township of
the | ||||||
9 | county, for the office of multi-township assessor where | ||||||
10 | candidates for
such office are nominated in accordance with | ||||||
11 | this Code, and for all special
district offices, shall be | ||||||
12 | composed of the county clerk, or an assistant
designated by the | ||||||
13 | county clerk, the State's attorney of the county or
an | ||||||
14 | Assistant State's Attorney designated by the State's Attorney, | ||||||
15 | and the
clerk of the circuit court, or an assistant designated | ||||||
16 | by the clerk of
the circuit court, of the county, of whom the | ||||||
17 | county clerk or his designee
shall be the chairman, except that | ||||||
18 | in any county which has established a
county board of election | ||||||
19 | commissioners that board
shall constitute the county officers | ||||||
20 | electoral board ex-officio.
| ||||||
21 | 3. The municipal officers electoral board to hear and pass | ||||||
22 | upon
objections to the nominations of candidates for officers | ||||||
23 | of
municipalities shall be composed of the mayor or president | ||||||
24 | of the board
of trustees of the city, village or incorporated | ||||||
25 | town, and the city,
village or incorporated town clerk, and one | ||||||
26 | member of the city council
or board of trustees, that member |
| |||||||
| |||||||
1 | being designated who is eligible to
serve on the electoral | ||||||
2 | board and has served the
greatest number of years as a member | ||||||
3 | of the city council or board of
trustees, of whom the mayor or | ||||||
4 | president of the board of trustees shall
be the chairman.
| ||||||
5 | 4. The township officers electoral board to pass upon | ||||||
6 | objections to
the nominations of township officers shall be | ||||||
7 | composed of the township
supervisor, the town clerk, and that | ||||||
8 | eligible town trustee elected in the
township who has had the | ||||||
9 | longest term of continuous service as town
trustee, of whom the | ||||||
10 | township supervisor shall be the chairman.
| ||||||
11 | 5. The education officers electoral board to hear and pass | ||||||
12 | upon
objections to the nominations of candidates for offices in | ||||||
13 | school or
community college districts shall be composed of the | ||||||
14 | presiding officer of
the school or community college district | ||||||
15 | board, who shall be the chairman,
the secretary of the school | ||||||
16 | or community college district board and the
eligible elected | ||||||
17 | school or community college board member who has the
longest | ||||||
18 | term of continuous service as a board member.
| ||||||
19 | 6. In all cases, however, where the Congressional or | ||||||
20 | Legislative
district is wholly within the jurisdiction of a | ||||||
21 | board of election
commissioners and in all cases where the | ||||||
22 | school district or special
district is wholly within the | ||||||
23 | jurisdiction of a municipal board of
election commissioners and | ||||||
24 | in all cases where the municipality or
township is wholly or | ||||||
25 | partially within the jurisdiction of a municipal
board of | ||||||
26 | election commissioners, the board of election commissioners
|
| |||||||
| |||||||
1 | shall ex-officio constitute the electoral board.
| ||||||
2 | For special districts situated in more than one county, the | ||||||
3 | county officers
electoral board of the county in which the | ||||||
4 | principal office of the district
is located has jurisdiction to | ||||||
5 | hear and pass upon objections. For purposes
of this Section, | ||||||
6 | "special districts" means all political subdivisions other
| ||||||
7 | than counties, municipalities, townships and school and | ||||||
8 | community college
districts.
| ||||||
9 | In the event that any member of the appropriate board is a | ||||||
10 | candidate
for the office with relation to which the objector's | ||||||
11 | petition is filed,
he shall not be eligible to serve on that | ||||||
12 | board and shall not act as
a member of the board and his place | ||||||
13 | shall be filled as follows:
| ||||||
14 | a. In the county officers electoral board by the county
| ||||||
15 | treasurer, and if he or she is ineligible to serve, by the | ||||||
16 | sheriff of the
county.
| ||||||
17 | b. In the municipal officers electoral board by the | ||||||
18 | eligible
elected city council or board of trustees member | ||||||
19 | who has served the second
greatest number of years as a | ||||||
20 | city council or board of trustees member.
| ||||||
21 | c. In the township officers electoral board by the | ||||||
22 | eligible
elected town trustee who has had the second | ||||||
23 | longest term of continuous service
as a town trustee.
| ||||||
24 | d. In the education officers electoral board by the | ||||||
25 | eligible
elected school or community college district | ||||||
26 | board member who has had the
second longest term of |
| |||||||
| |||||||
1 | continuous service as a board member.
| ||||||
2 | In the event that the chairman of the electoral board is | ||||||
3 | ineligible
to act because of the fact that he is a candidate | ||||||
4 | for the office with
relation to which the objector's petition | ||||||
5 | is filed, then the substitute
chosen under the provisions of | ||||||
6 | this Section shall be the chairman; In
this case, the officer | ||||||
7 | or board with whom the objector's petition is
filed, shall | ||||||
8 | transmit the certificate of nomination or nomination papers
as | ||||||
9 | the case may be, and the objector's petition to the substitute
| ||||||
10 | chairman of the electoral board.
| ||||||
11 | When 2 or more eligible individuals, by reason of their | ||||||
12 | terms of service
on a city council or board of trustees, | ||||||
13 | township board of
trustees, or school or community college | ||||||
14 | district board, qualify to serve
on an electoral board, the one | ||||||
15 | to serve shall be chosen by lot.
| ||||||
16 | Any vacancies on an electoral board not otherwise filled | ||||||
17 | pursuant to this
Section shall be filled by public members | ||||||
18 | appointed by the Chief Judge of
the Circuit Court for the | ||||||
19 | county wherein the electoral board hearing is
being held upon | ||||||
20 | notification to the Chief Judge of such
vacancies. The Chief | ||||||
21 | Judge shall be so notified by a member of the electoral
board | ||||||
22 | or the officer or board with whom the objector's petition was | ||||||
23 | filed.
In the event that none of the individuals designated by | ||||||
24 | this Section to
serve on the electoral board are eligible, the | ||||||
25 | chairman of an electoral
board shall be designated by the Chief | ||||||
26 | Judge.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-645, eff. 8-22-05.)
| ||||||
2 | (10 ILCS 5/22-1)
(from Ch. 46, par. 22-1)
| ||||||
3 | Sec. 22-1. Abstracts of votes. Within 21 days after the
| ||||||
4 | close of the
election at which candidates for offices | ||||||
5 | hereinafter named in this Section are
voted upon, the election | ||||||
6 | authorities of the respective counties shall open the returns | ||||||
7 | and make abstracts of
the votes on a separate sheet for each of | ||||||
8 | the following:
| ||||||
9 | A. For Governor and Lieutenant Governor;
| ||||||
10 | B. For State officers;
| ||||||
11 | C. For presidential electors;
| ||||||
12 | D. For United States Senators and Representatives to | ||||||
13 | Congress;
| ||||||
14 | E. For judges of the Supreme Court;
| ||||||
15 | F. For judges of the Appellate Court;
| ||||||
16 | G. For judges of the circuit court;
| ||||||
17 | H. For Senators and Representatives to the General | ||||||
18 | Assembly;
| ||||||
19 | I. For State's Attorneys elected from 2 or more counties;
| ||||||
20 | J. For amendments to the Constitution, and for other | ||||||
21 | propositions
submitted to the electors of the entire State;
| ||||||
22 | K. For county officers and for propositions submitted to | ||||||
23 | the
electors of the county only;
| ||||||
24 | L. For Regional Superintendent of Schools;
| ||||||
25 | M. For trustees of Sanitary Districts; and
|
| |||||||
| |||||||
1 | N. For Trustee of a Regional Board of School Trustees ; and .
| ||||||
2 | O. For members of the Illinois Commerce Commission.
| ||||||
3 | Each sheet shall report the returns by precinct or ward. | ||||||
4 | Multiple originals of each of the sheets shall be prepared | ||||||
5 | and one of
each shall be turned over to the chairman of the | ||||||
6 | county central
committee of each of the then existing | ||||||
7 | established political parties, as
defined in Section 10-2, or | ||||||
8 | his duly authorized representative
immediately after the | ||||||
9 | completion of the entries on the sheets and before
the totals | ||||||
10 | have been compiled.
| ||||||
11 | The foregoing abstracts shall be preserved by the election | ||||||
12 | authority in its office.
| ||||||
13 | Whenever any county clerk is unable to canvass the vote,
| ||||||
14 | the deputy county clerk or a designee of the county clerk shall | ||||||
15 | serve in his or her place.
| ||||||
16 | The powers and duties of the election authority canvassing | ||||||
17 | the votes are limited to
those specified in this Section.
| ||||||
18 | No person who is shown by the election authority's
| ||||||
19 | canvassing board's proclamation to have been elected at the | ||||||
20 | consolidated election or general election as a write-in | ||||||
21 | candidate shall take office unless that person has first filed | ||||||
22 | with the certifying office or board a statement of candidacy | ||||||
23 | pursuant to Section 7-10 or Section 10-5, a statement pursuant | ||||||
24 | to Section 7-10.1, and a receipt for filing a statement of | ||||||
25 | economic interests in relation to the unit of government to | ||||||
26 | which he or she has been elected. For officers elected at the |
| |||||||
| |||||||
1 | consolidated election, the certifying officer shall notify the | ||||||
2 | election authority of the receipt of those documents, and the | ||||||
3 | county clerk shall issue the certification of election under | ||||||
4 | the provisions of Section 22-18. | ||||||
5 | (Source: P.A. 93-847, eff. 7-30-04; 94-645, eff. 8-22-05; | ||||||
6 | 94-647, eff. 1-1-06; revised 10-4-05.)
| ||||||
7 | (10 ILCS 5/22-7)
(from Ch. 46, par. 22-7)
| ||||||
8 | Sec. 22-7. Canvass of votes; declaration and proclamation | ||||||
9 | of result. The State Board of Elections, shall proceed within | ||||||
10 | 31 days
after the election,
and sooner if all the returns are | ||||||
11 | received, to canvass the votes given
for United States Senators | ||||||
12 | and Representatives to Congress, State
executive officers, | ||||||
13 | members of the Illinois Commerce Commission, judges of the | ||||||
14 | Supreme Court, judges of the Appellate
Court, judges of the | ||||||
15 | Circuit Court, Senators, Representatives to the
General | ||||||
16 | Assembly, State's Attorneys and Regional Superintendents of | ||||||
17 | Schools
elected from 2 or more counties, respectively, and the | ||||||
18 | persons
having the highest number of votes for the respective | ||||||
19 | offices shall be
declared duly elected, but if it appears that | ||||||
20 | more than the number of
persons to be elected have the highest | ||||||
21 | and an equal number of votes for
the same office, the electoral | ||||||
22 | board shall decide by lot which of such
persons shall be | ||||||
23 | elected; and to each person duly elected, the Governor
shall | ||||||
24 | give a certificate of election or commission, as the case may
| ||||||
25 | require, and shall cause proclamation to be made of the result |
| |||||||
| |||||||
1 | of the
canvass, and they shall at the same time and in the same | ||||||
2 | manner, canvass
the vote cast upon amendments to the | ||||||
3 | Constitution, and upon other
propositions submitted to the | ||||||
4 | electors of the entire State; and the
Governor shall cause to | ||||||
5 | be made such proclamation of the result of the
canvass as the | ||||||
6 | statutes elsewhere provide. The State Board of Elections
shall | ||||||
7 | transmit to the State Comptroller a list of the persons elected | ||||||
8 | to
the various offices. The State Board of Elections shall also | ||||||
9 | transmit to
the Supreme Court the names of persons elected to | ||||||
10 | judgeships in
adversary elections and the names of judges who | ||||||
11 | fail to win retention in
office.
| ||||||
12 | No person who is shown by the canvassing board's | ||||||
13 | proclamation to have been elected at the consolidated election | ||||||
14 | or general election as a write-in candidate shall take office | ||||||
15 | unless that person has first filed with the certifying office | ||||||
16 | or board a statement of candidacy pursuant to Section 7-10 or | ||||||
17 | Section 10-5, a statement pursuant to Section 7-10.1, and a | ||||||
18 | receipt for filing a statement of economic interests in | ||||||
19 | relation to the unit of government to which he or she has been | ||||||
20 | elected. For officers elected at the consolidated election, the | ||||||
21 | certifying officer shall notify the election authority of the | ||||||
22 | receipt of those documents, and the county clerk shall issue | ||||||
23 | the certification of election under the provisions of Section | ||||||
24 | 22-18.
| ||||||
25 | (Source: P.A. 93-847, eff. 7-30-04; 94-645, eff. 8-22-05.)
|
| |||||||
| |||||||
1 | Section 10. The Illinois Income Tax Act is amended by | ||||||
2 | adding Sections 218 and 219 as follows: | ||||||
3 | (35 ILCS 5/218 new) | ||||||
4 | Sec. 218. Credit for costs of residential electric service. | ||||||
5 | (a) For taxable years ending on or after December 31, 2007 | ||||||
6 | and on or before December 30, 2010, each individual taxpayer | ||||||
7 | who, during the taxable year, purchases electricity for his or | ||||||
8 | her residence from AmerenIP, AmerenCILCO, or AmerenCIPS is | ||||||
9 | entitled to a credit against the tax imposed under subsections | ||||||
10 | (a) and (b) of Section 201 in an amount equal to 10% of the | ||||||
11 | annual cost of that electricity, but not to exceed $500. | ||||||
12 | (b) On or before January 31 of each year, AmerenIP, | ||||||
13 | AmerenCILCO, and AmerenCIPS must mail each customer who | ||||||
14 | purchased residential electric service during the previous | ||||||
15 | year a statement of the annual cost of that electricity.
| ||||||
16 | (c) The credit under this Section may not be carried | ||||||
17 | forward or back and may not reduce the taxpayer's liability to | ||||||
18 | less than zero. | ||||||
19 | (35 ILCS 5/219 new) | ||||||
20 | Sec. 219. Credit for costs of small-business electric | ||||||
21 | service. | ||||||
22 | (a) For taxable years ending on or after December 31, 2007 | ||||||
23 | and on or before December 30, 2010, each taxpayer who, during | ||||||
24 | the taxable year, purchases electricity for the purpose of a |
| |||||||
| |||||||
1 | small business from AmerenIP, AmerenCILCO, or AmerenCIPS is | ||||||
2 | entitled to a credit against the tax imposed under subsections | ||||||
3 | (a) and (b) of Section 201 in an amount equal to 5% of the | ||||||
4 | annual cost of that electricity, but not to exceed $1,000. | ||||||
5 | (b) For partners, shareholders of Subchapter S | ||||||
6 | corporations, and owners of limited liability companies, if the | ||||||
7 | liability company is treated as a partnership for purposes of | ||||||
8 | federal and State income taxation, there is allowed a credit | ||||||
9 | under this Section to be determined in accordance with the | ||||||
10 | determination of income and distributive share of income under | ||||||
11 | Sections 702 and 704 and Subchapter S of the Internal Revenue | ||||||
12 | Code.
| ||||||
13 | (c) On or before January 31 of each year, AmerenIP, | ||||||
14 | AmerenCILCO, and AmerenCIPS must mail, to each customer who | ||||||
15 | purchased electric service during the previous year for a small | ||||||
16 | business, a statement of the annual cost of that electricity.
| ||||||
17 | (d) The credit under this Section may not be carried | ||||||
18 | forward or back and may not reduce the taxpayer's liability to | ||||||
19 | less than zero. | ||||||
20 | (e) For the purpose of this Section, "small business" means | ||||||
21 | a business concern with less than 50 employees.
| ||||||
22 | Section 15. The Motor Fuel Tax Law is amended by changing | ||||||
23 | Section 8 as follows:
| ||||||
24 | (35 ILCS 505/8) (from Ch. 120, par. 424)
|
| |||||||
| |||||||
1 | Sec. 8. Except as provided in Section 8a, subdivision
| ||||||
2 | (h)(1) of Section 12a, Section 13a.6, and items
13, 14, 15, and | ||||||
3 | 16 of Section 15, all money received by the Department under
| ||||||
4 | this Act, including payments made to the Department by
member | ||||||
5 | jurisdictions participating in the International Fuel Tax | ||||||
6 | Agreement,
shall be deposited in a special fund in the State | ||||||
7 | treasury, to be known as the
"Motor Fuel Tax Fund", and shall | ||||||
8 | be used as follows:
| ||||||
9 | (a) 2 1/2 cents per gallon of the tax collected on special | ||||||
10 | fuel under
paragraph (b) of Section 2 and Section 13a of this | ||||||
11 | Act shall be transferred
to the State Construction Account Fund | ||||||
12 | in the State Treasury;
| ||||||
13 | (b) $420,000 shall be transferred each month to the State | ||||||
14 | Boating Act
Fund to be used by the Department of Natural | ||||||
15 | Resources for the purposes
specified in Article X of the Boat | ||||||
16 | Registration and Safety Act;
| ||||||
17 | (c) $2,250,000 shall be transferred each month to the Grade | ||||||
18 | Crossing
Protection Fund to be used as follows: not less than | ||||||
19 | $6,000,000 each fiscal
year shall be used for the construction | ||||||
20 | or reconstruction of rail highway grade
separation structures; | ||||||
21 | $2,250,000 in fiscal year 2004 and each fiscal
year
thereafter | ||||||
22 | shall be transferred to the Transportation
Regulatory Fund and | ||||||
23 | shall be accounted for as part of the rail carrier
portion of | ||||||
24 | such funds and shall be used to pay the cost of administration
| ||||||
25 | of the Illinois Commerce Commission's railroad safety program | ||||||
26 | in connection
with its duties under subsection (3) of Section |
| |||||||
| |||||||
1 | 18c-7401 of the Illinois
Vehicle Code, with the remainder to be | ||||||
2 | used by the Department of Transportation
upon order of the | ||||||
3 | Illinois Commerce Commission, to pay that part of the
cost | ||||||
4 | apportioned by such Commission to the State to cover the | ||||||
5 | interest
of the public in the use of highways, roads, streets, | ||||||
6 | or
pedestrian walkways in the
county highway system, township | ||||||
7 | and district road system, or municipal
street system as defined | ||||||
8 | in the Illinois Highway Code, as the same may
from time to time | ||||||
9 | be amended, for separation of grades, for installation,
| ||||||
10 | construction or reconstruction of crossing protection or | ||||||
11 | reconstruction,
alteration, relocation including construction | ||||||
12 | or improvement of any
existing highway necessary for access to | ||||||
13 | property or improvement of any
grade crossing including the | ||||||
14 | necessary highway approaches thereto of any
railroad across the | ||||||
15 | highway or public road, or for the installation,
construction, | ||||||
16 | reconstruction, or maintenance of a pedestrian walkway over or
| ||||||
17 | under a railroad right-of-way, as provided for in and in
| ||||||
18 | accordance with Section 18c-7401 of the Illinois Vehicle Code.
| ||||||
19 | The Commission shall not order more than $2,000,000 per year in | ||||||
20 | Grade
Crossing Protection Fund moneys for pedestrian walkways.
| ||||||
21 | In entering orders for projects for which payments from the | ||||||
22 | Grade Crossing
Protection Fund will be made, the Commission | ||||||
23 | shall account for expenditures
authorized by the orders on a | ||||||
24 | cash rather than an accrual basis. For purposes
of this | ||||||
25 | requirement an "accrual basis" assumes that the total cost of | ||||||
26 | the
project is expended in the fiscal year in which the order |
| |||||||
| |||||||
1 | is entered, while a
"cash basis" allocates the cost of the | ||||||
2 | project among fiscal years as
expenditures are actually made. | ||||||
3 | To meet the requirements of this subsection,
the Illinois | ||||||
4 | Commerce Commission shall develop annual and 5-year project | ||||||
5 | plans
of rail crossing capital improvements that will be paid | ||||||
6 | for with moneys from
the Grade Crossing Protection Fund. The | ||||||
7 | annual project plan shall identify
projects for the succeeding | ||||||
8 | fiscal year and the 5-year project plan shall
identify projects | ||||||
9 | for the 5 directly succeeding fiscal years. The Commission
| ||||||
10 | shall submit the annual and 5-year project plans for this Fund | ||||||
11 | to the Governor,
the President of the Senate, the Senate | ||||||
12 | Minority Leader, the Speaker of the
House of Representatives, | ||||||
13 | and the Minority Leader of the House of
Representatives on
the | ||||||
14 | first Wednesday in April of each year; | ||||||
15 | (c-5) $4,066,667 must be transferred each month to the | ||||||
16 | Supplemental Low-Income Energy Assistance Fund to be used by | ||||||
17 | the Department of Healthcare and Family Services for the | ||||||
18 | purposes of LIHEAP, established under the Energy
Assistance Act | ||||||
19 | of 1989.
| ||||||
20 | (d) of the amount remaining after allocations provided for | ||||||
21 | in
subsections (a), (b) ,
and (c), and (c-5) a sufficient amount | ||||||
22 | shall be reserved to
pay all of the following:
| ||||||
23 | (1) the costs of the Department of Revenue in | ||||||
24 | administering this
Act;
| ||||||
25 | (2) the costs of the Department of Transportation in | ||||||
26 | performing its
duties imposed by the Illinois Highway Code |
| |||||||
| |||||||
1 | for supervising the use of motor
fuel tax funds apportioned | ||||||
2 | to municipalities, counties and road districts;
| ||||||
3 | (3) refunds provided for in Section 13 of this Act and | ||||||
4 | under the terms
of the International Fuel Tax Agreement | ||||||
5 | referenced in Section 14a;
| ||||||
6 | (4) from October 1, 1985 until June 30, 1994, the | ||||||
7 | administration of the
Vehicle Emissions Inspection Law, | ||||||
8 | which amount shall be certified monthly by
the | ||||||
9 | Environmental Protection Agency to the State Comptroller | ||||||
10 | and shall promptly
be transferred by the State Comptroller | ||||||
11 | and Treasurer from the Motor Fuel Tax
Fund to the Vehicle | ||||||
12 | Inspection Fund, and for the period July 1, 1994 through
| ||||||
13 | June 30, 2000, one-twelfth of $25,000,000 each month, for | ||||||
14 | the period July 1, 2000 through June 30, 2003,
one-twelfth | ||||||
15 | of
$30,000,000
each month,
and $15,000,000 on July 1, 2003, | ||||||
16 | and $15,000,000 on January 1, 2004, and $15,000,000
on
each
| ||||||
17 | July
1 and October 1, or as soon thereafter as may be | ||||||
18 | practical, during the period July 1, 2004 through June 30, | ||||||
19 | 2008,
for the administration of the Vehicle Emissions | ||||||
20 | Inspection Law of
1995, to be transferred by the State | ||||||
21 | Comptroller and Treasurer from the Motor
Fuel Tax Fund into | ||||||
22 | the Vehicle Inspection Fund;
| ||||||
23 | (5) amounts ordered paid by the Court of Claims; and
| ||||||
24 | (6) payment of motor fuel use taxes due to member | ||||||
25 | jurisdictions under
the terms of the International Fuel Tax | ||||||
26 | Agreement. The Department shall
certify these amounts to |
| |||||||
| |||||||
1 | the Comptroller by the 15th day of each month; the
| ||||||
2 | Comptroller shall cause orders to be drawn for such | ||||||
3 | amounts, and the Treasurer
shall administer those amounts | ||||||
4 | on or before the last day of each month;
| ||||||
5 | (e) after allocations for the purposes set forth in | ||||||
6 | subsections
(a), (b), (c) , (c-5), and (d), the remaining amount | ||||||
7 | shall be apportioned as follows:
| ||||||
8 | (1) Until January 1, 2000, 58.4%, and beginning January | ||||||
9 | 1, 2000, 45.6%
shall be deposited as follows:
| ||||||
10 | (A) 37% into the State Construction Account Fund, | ||||||
11 | and
| ||||||
12 | (B) 63% into the Road Fund, $1,250,000 of which | ||||||
13 | shall be reserved each
month for the Department of | ||||||
14 | Transportation to be used in accordance with
the | ||||||
15 | provisions of Sections 6-901 through 6-906 of the | ||||||
16 | Illinois Highway Code;
| ||||||
17 | (2) Until January 1, 2000, 41.6%, and beginning January | ||||||
18 | 1, 2000, 54.4%
shall be transferred to the Department of | ||||||
19 | Transportation to be
distributed as follows:
| ||||||
20 | (A) 49.10% to the municipalities of the State,
| ||||||
21 | (B) 16.74% to the counties of the State having | ||||||
22 | 1,000,000 or more inhabitants,
| ||||||
23 | (C) 18.27% to the counties of the State having less | ||||||
24 | than 1,000,000 inhabitants,
| ||||||
25 | (D) 15.89% to the road districts of the State.
| ||||||
26 | As soon as may be after the first day of each month the |
| |||||||
| |||||||
1 | Department of
Transportation shall allot to each municipality | ||||||
2 | its share of the amount
apportioned to the several | ||||||
3 | municipalities which shall be in proportion
to the population | ||||||
4 | of such municipalities as determined by the last
preceding | ||||||
5 | municipal census if conducted by the Federal Government or
| ||||||
6 | Federal census. If territory is annexed to any municipality | ||||||
7 | subsequent
to the time of the last preceding census the | ||||||
8 | corporate authorities of
such municipality may cause a census | ||||||
9 | to be taken of such annexed
territory and the population so | ||||||
10 | ascertained for such territory shall be
added to the population | ||||||
11 | of the municipality as determined by the last
preceding census | ||||||
12 | for the purpose of determining the allotment for that
| ||||||
13 | municipality. If the population of any municipality was not | ||||||
14 | determined
by the last Federal census preceding any | ||||||
15 | apportionment, the
apportionment to such municipality shall be | ||||||
16 | in accordance with any
census taken by such municipality. Any | ||||||
17 | municipal census used in
accordance with this Section shall be | ||||||
18 | certified to the Department of
Transportation by the clerk of | ||||||
19 | such municipality, and the accuracy
thereof shall be subject to | ||||||
20 | approval of the Department which may make
such corrections as | ||||||
21 | it ascertains to be necessary.
| ||||||
22 | As soon as may be after the first day of each month the | ||||||
23 | Department of
Transportation shall allot to each county its | ||||||
24 | share of the amount
apportioned to the several counties of the | ||||||
25 | State as herein provided.
Each allotment to the several | ||||||
26 | counties having less than 1,000,000
inhabitants shall be in |
| |||||||
| |||||||
1 | proportion to the amount of motor vehicle
license fees received | ||||||
2 | from the residents of such counties, respectively,
during the | ||||||
3 | preceding calendar year. The Secretary of State shall, on or
| ||||||
4 | before April 15 of each year, transmit to the Department of
| ||||||
5 | Transportation a full and complete report showing the amount of | ||||||
6 | motor
vehicle license fees received from the residents of each | ||||||
7 | county,
respectively, during the preceding calendar year. The | ||||||
8 | Department of
Transportation shall, each month, use for | ||||||
9 | allotment purposes the last
such report received from the | ||||||
10 | Secretary of State.
| ||||||
11 | As soon as may be after the first day of each month, the | ||||||
12 | Department
of Transportation shall allot to the several | ||||||
13 | counties their share of the
amount apportioned for the use of | ||||||
14 | road districts. The allotment shall
be apportioned among the | ||||||
15 | several counties in the State in the proportion
which the total | ||||||
16 | mileage of township or district roads in the respective
| ||||||
17 | counties bears to the total mileage of all township and | ||||||
18 | district roads
in the State. Funds allotted to the respective | ||||||
19 | counties for the use of
road districts therein shall be | ||||||
20 | allocated to the several road districts
in the county in the | ||||||
21 | proportion which the total mileage of such township
or district | ||||||
22 | roads in the respective road districts bears to the total
| ||||||
23 | mileage of all such township or district roads in the county. | ||||||
24 | After
July 1 of any year, no allocation shall be made for any | ||||||
25 | road district
unless it levied a tax for road and bridge | ||||||
26 | purposes in an amount which
will require the extension of such |
| |||||||
| |||||||
1 | tax against the taxable property in
any such road district at a | ||||||
2 | rate of not less than either .08% of the value
thereof, based | ||||||
3 | upon the assessment for the year immediately prior to the year
| ||||||
4 | in which such tax was levied and as equalized by the Department | ||||||
5 | of Revenue
or, in DuPage County, an amount equal to or greater | ||||||
6 | than $12,000 per mile of
road under the jurisdiction of the | ||||||
7 | road district, whichever is less. If any
road district has | ||||||
8 | levied a special tax for road purposes
pursuant to Sections | ||||||
9 | 6-601, 6-602 and 6-603 of the Illinois Highway Code, and
such | ||||||
10 | tax was levied in an amount which would require extension at a
| ||||||
11 | rate of not less than .08% of the value of the taxable property | ||||||
12 | thereof,
as equalized or assessed by the Department of Revenue,
| ||||||
13 | or, in DuPage County, an amount equal to or greater than | ||||||
14 | $12,000 per mile of
road under the jurisdiction of the road | ||||||
15 | district, whichever is less,
such levy shall, however, be | ||||||
16 | deemed a proper compliance with this
Section and shall qualify | ||||||
17 | such road district for an allotment under this
Section. If a | ||||||
18 | township has transferred to the road and bridge fund
money | ||||||
19 | which, when added to the amount of any tax levy of the road
| ||||||
20 | district would be the equivalent of a tax levy requiring | ||||||
21 | extension at a
rate of at least .08%, or, in DuPage County, an | ||||||
22 | amount equal to or greater
than $12,000 per mile of road under | ||||||
23 | the jurisdiction of the road district,
whichever is less, such | ||||||
24 | transfer, together with any such tax levy,
shall be deemed a | ||||||
25 | proper compliance with this Section and shall qualify
the road | ||||||
26 | district for an allotment under this Section.
|
| |||||||
| |||||||
1 | In counties in which a property tax extension limitation is | ||||||
2 | imposed
under the Property Tax Extension Limitation Law, road | ||||||
3 | districts may retain
their entitlement to a motor fuel tax | ||||||
4 | allotment if, at the time the property
tax
extension limitation | ||||||
5 | was imposed, the road district was levying a road and
bridge | ||||||
6 | tax at a rate sufficient to entitle it to a motor fuel tax | ||||||
7 | allotment
and continues to levy the maximum allowable amount | ||||||
8 | after the imposition of the
property tax extension limitation. | ||||||
9 | Any road district may in all circumstances
retain its | ||||||
10 | entitlement to a motor fuel tax allotment if it levied a road | ||||||
11 | and
bridge tax in an amount that will require the extension of | ||||||
12 | the tax against the
taxable property in the road district at a | ||||||
13 | rate of not less than 0.08% of the
assessed value of the | ||||||
14 | property, based upon the assessment for the year
immediately | ||||||
15 | preceding the year in which the tax was levied and as equalized | ||||||
16 | by
the Department of Revenue or, in DuPage County, an amount | ||||||
17 | equal to or greater
than $12,000 per mile of road under the | ||||||
18 | jurisdiction of the road district,
whichever is less.
| ||||||
19 | As used in this Section the term "road district" means any | ||||||
20 | road
district, including a county unit road district, provided | ||||||
21 | for by the
Illinois Highway Code; and the term "township or | ||||||
22 | district road"
means any road in the township and district road | ||||||
23 | system as defined in the
Illinois Highway Code. For the | ||||||
24 | purposes of this Section, "road
district" also includes park | ||||||
25 | districts, forest preserve districts and
conservation | ||||||
26 | districts organized under Illinois law and "township or
|
| |||||||
| |||||||
1 | district road" also includes such roads as are maintained by | ||||||
2 | park
districts, forest preserve districts and conservation | ||||||
3 | districts. The
Department of Transportation shall determine | ||||||
4 | the mileage of all township
and district roads for the purposes | ||||||
5 | of making allotments and allocations of
motor fuel tax funds | ||||||
6 | for use in road districts.
| ||||||
7 | Payment of motor fuel tax moneys to municipalities and | ||||||
8 | counties shall
be made as soon as possible after the allotment | ||||||
9 | is made. The treasurer
of the municipality or county may invest | ||||||
10 | these funds until their use is
required and the interest earned | ||||||
11 | by these investments shall be limited
to the same uses as the | ||||||
12 | principal funds.
| ||||||
13 | (Source: P.A. 93-32, eff. 6-20-03; 93-839, eff. 7-30-04; | ||||||
14 | 94-839, eff. 6-6-06.)
| ||||||
15 | Section 20. The Public Utilities Act is amended by changing | ||||||
16 | Sections 2-101, 2-101.5, 2-102, 9-254, 16-102, 16-111, and | ||||||
17 | 16-113 and adding Section 16-111.4 as follows:
| ||||||
18 | (220 ILCS 5/2-101) (from Ch. 111 2/3, par. 2-101)
| ||||||
19 | Sec. 2-101. Commerce Commission created. There is created | ||||||
20 | an Illinois
Commerce Commission consisting of 5 members elected | ||||||
21 | as provided in Section
2-101.5
not more than 3 of whom shall be
| ||||||
22 | members of the same political
party at the time of appointment . | ||||||
23 | The Governor shall fill a vacancy by
appointment
appoint the | ||||||
24 | members
of such Commission by and with the advice and consent |
| |||||||
| |||||||
1 | of the Senate. In
case of a vacancy in such office during the | ||||||
2 | recess of the Senate the Governor
shall make a temporary | ||||||
3 | appointment until the next meeting of the Senate,
when he shall | ||||||
4 | nominate some person to fill such office; and any
person so | ||||||
5 | nominated who is confirmed by the Senate, shall hold his office
| ||||||
6 | during the remainder of the term and until his successor shall | ||||||
7 | be elected
appointed
and qualified. If 28 or fewer months | ||||||
8 | remain on the vacating member's term,
the person appointed to | ||||||
9 | fill the vacancy shall serve for the remainder of the
term. If | ||||||
10 | more than 28 months remain on the vacating member's term, the | ||||||
11 | person
appointed to fill the vacancy shall serve until the | ||||||
12 | second Monday in January
after the next general election; at | ||||||
13 | that next general election a person
shall be elected to fill | ||||||
14 | the remainder of the vacating member's term. Each member of the | ||||||
15 | Commission shall hold office for a term
of 5 years from the | ||||||
16 | second
third Monday in January of the year in which his
| ||||||
17 | predecessor's term expires for a term as provided in Section | ||||||
18 | 2-101.5 .
| ||||||
19 | Notwithstanding any provision of this Section to the | ||||||
20 | contrary, the term of
office of each member of the Commission | ||||||
21 | is terminated on the effective date of
this amendatory Act of | ||||||
22 | 1995, but the incumbent members
shall continue to exercise all | ||||||
23 | of the powers and be subject to all of the
duties of members of | ||||||
24 | the Commission until their respective successors are
appointed | ||||||
25 | and qualified. Of the members initially appointed under the
| ||||||
26 | provisions of this amendatory Act of 1995, one member shall be |
| |||||||
| |||||||
1 | appointed for a
term of office which shall expire on the third | ||||||
2 | Monday of January, 1997; 2
members shall be appointed for terms | ||||||
3 | of office which shall expire on the third
Monday of January, | ||||||
4 | 1998; one member shall be appointed for a term of office
which | ||||||
5 | shall expire on the third Monday of January, 1999; and one | ||||||
6 | member shall
be appointed for a term of office which shall | ||||||
7 | expire on the third Monday of
January, 2000. Each respective | ||||||
8 | successor shall be appointed for a term of
5 years from the | ||||||
9 | third Monday of January of the year in which his
predecessor's | ||||||
10 | term expires in accordance with the provisions of the first
| ||||||
11 | paragraph of this Section.
| ||||||
12 | Each member shall serve until his successor is elected
| ||||||
13 | appointed and qualified ,
except that if the Senate refuses to | ||||||
14 | consent to the appointment of any
member, such office shall be | ||||||
15 | deemed vacant, and within 2 weeks of the date
the Senate | ||||||
16 | refuses to consent to the reappointment of any member, such
| ||||||
17 | member shall vacate such office. The Governor shall from time | ||||||
18 | to time
designate the member of the Commission who shall be its | ||||||
19 | chairman .
One member of the Commission shall be elected by the | ||||||
20 | members to serve as
Chairperson for a term of 2 years. The | ||||||
21 | election for chairperson shall be held on the
second Monday in | ||||||
22 | the January following the general election after the members
| ||||||
23 | elected at that general election have assumed office.
| ||||||
24 | Consistent with the provisions of this Act, the Chairman shall | ||||||
25 | be the chief
executive officer of the Commission for the | ||||||
26 | purpose of ensuring that the
Commission's policies are properly |
| |||||||
| |||||||
1 | executed.
| ||||||
2 | If there is no vacancy on the Commission, 4 members of the | ||||||
3 | Commission shall
constitute a quorum to transact business; | ||||||
4 | otherwise, a majority of the
Commission shall constitute a | ||||||
5 | quorum to transact business,
and no vacancy shall impair the | ||||||
6 | right of the remaining
commissioners to
exercise all of the | ||||||
7 | powers of the Commission. Every finding,
order, or
decision | ||||||
8 | approved by a majority of the members of the Commission shall | ||||||
9 | be
deemed to be the finding, order, or decision of the | ||||||
10 | Commission. | ||||||
11 | The terms of all members holding office on January 11, 2009 | ||||||
12 | shall terminate at the end of that day.
| ||||||
13 | (Source: P.A. 92-22, eff. 6-30-01.)
| ||||||
14 | (220 ILCS 5/2-101.5 new)
| ||||||
15 | Sec. 2-101.5. Commission districts; election of members.
| ||||||
16 | (a) Commission Districts shall be compact, contiguous, and
| ||||||
17 | substantially
equal in population. In 2007, and in the year | ||||||
18 | following each
federal decennial census year thereafter, the | ||||||
19 | General Assembly by law shall
redistrict the State into 5 | ||||||
20 | Commission Districts. If no redistricting plan
becomes | ||||||
21 | effective by June 30 of that year, the General Assembly shall
| ||||||
22 | follow the procedure set forth for legislative redistricting in | ||||||
23 | subsection
(b) of Section 3 of Article 4 of the Illinois | ||||||
24 | Constitution. The Commission
Districts shall be divided into 2 | ||||||
25 | groups for the purpose of establishing
terms for which the |
| |||||||
| |||||||
1 | members shall be elected in each group. One group
shall be | ||||||
2 | comprised of the even-numbered districts and the other group | ||||||
3 | shall
be comprised of the odd-numbered districts.
| ||||||
4 | (b) At the general election in 2008, one member of the | ||||||
5 | Commission shall
be elected from each Commission District | ||||||
6 | established under subsection
(a) of this Section. The members | ||||||
7 | of the Commission elected in 2008 shall serve
4-year terms.
| ||||||
8 | Within 120 days after the general election held in
2012, the | ||||||
9 | members shall meet and publicly by lot determine which group
| ||||||
10 | shall be the first group and which group shall be the second | ||||||
11 | group. The
members or their successors from the first group | ||||||
12 | shall be elected for
successive terms of 4 years, 4 years and
2 | ||||||
13 | years and members and their successors from the second group | ||||||
14 | shall be
elected for successive terms of 2 years, 4 years and 4 | ||||||
15 | years.
| ||||||
16 | (c) To be eligible to serve as a member of the Commission, | ||||||
17 | a person must
be a United States citizen, at least 21 years | ||||||
18 | old, and for the 2 years
preceding his or her election or | ||||||
19 | appointment a resident of the district he or
she is to
| ||||||
20 | represent. In the general election following a redistricting, a | ||||||
21 | candidate
for the Illinois Commerce Commission may be elected | ||||||
22 | from any district that
contains a part of the district in which | ||||||
23 | he or she resided at the time of the
redistricting and may be | ||||||
24 | reelected if a resident of the new district he or she
| ||||||
25 | represents
for 18 months prior to reelection.
|
| |||||||
| |||||||
1 | (220 ILCS 5/2-102) (from Ch. 111 2/3, par. 2-102)
| ||||||
2 | Sec. 2-102. Commissioners and officers; prohibited | ||||||
3 | activities.
| ||||||
4 | (a) Each
commissioner and each person appointed to office | ||||||
5 | by
the Commission shall before entering upon the duties of his | ||||||
6 | office take and
subscribe the constitutional oath of office.
| ||||||
7 | Before entering upon the duties of his office each | ||||||
8 | commissioner shall
give bond, with security to be approved by | ||||||
9 | the Governor, in the sum of
$20,000, conditioned for the | ||||||
10 | faithful performance of his duty as such
commissioner. Every | ||||||
11 | person appointed or employed by the
Commission, may, in the | ||||||
12 | discretion of the Commission, before entering
upon the duties | ||||||
13 | of his office, be required to give bond for the faithful
| ||||||
14 | discharge of his duties, in such sum as the Commission may | ||||||
15 | designate,
which bond shall be approved by the Commission.
| ||||||
16 | All bonds required to be filed pursuant to this section | ||||||
17 | shall be
filed in the office of the Secretary of State.
| ||||||
18 | (b) No person in the employ of or holding any official | ||||||
19 | relation to any
corporation or person subject in whole or in | ||||||
20 | part to regulation by the
Commission, and no person holding | ||||||
21 | stock or bonds in any such
corporation, or who is in any other | ||||||
22 | manner pecuniarily interested
therein, directly or indirectly, | ||||||
23 | shall be appointed to or hold the
office of commissioner or be | ||||||
24 | appointed or employed by the
Commission; and if any such person | ||||||
25 | shall voluntarily become so
interested his office or employment | ||||||
26 | shall ipso facto become vacant. If
any person become so |
| |||||||
| |||||||
1 | interested otherwise than voluntarily he shall
within a | ||||||
2 | reasonable time divest himself of such interest, and if he
| ||||||
3 | fails to do so his office or employment shall become vacant.
| ||||||
4 | No commissioner or person appointed or employed by the
| ||||||
5 | Commission shall solicit or accept any gift, gratuity, | ||||||
6 | emolument or
employment from any person or corporation subject | ||||||
7 | to the supervision of
the Commission, or from any officer, | ||||||
8 | agent or employee thereof; nor
solicit, request from or | ||||||
9 | recommend, directly or indirectly, to any such
person or | ||||||
10 | corporation, or to any officer, agent or employee thereof the
| ||||||
11 | appointment of any person to any place or position. Every such
| ||||||
12 | corporation and person, and every officer, agent or employee | ||||||
13 | thereof, is
hereby forbidden to offer to any commissioner or to | ||||||
14 | any
person appointed or employed by the Commission any gift, | ||||||
15 | gratuity,
emolument or employment. If any commissioner or any | ||||||
16 | person
appointed or employed by the Commission shall violate | ||||||
17 | any provisions of
this paragraph he shall be removed from the | ||||||
18 | office or employment held by
him. Every person violating the | ||||||
19 | provisions of this paragraph shall be
guilty of a Class A | ||||||
20 | misdemeanor.
| ||||||
21 | (c) Each commissioner shall devote his entire time to
the | ||||||
22 | duties of his office, and shall hold no other office or | ||||||
23 | position of
profit, or engage in any other business, employment | ||||||
24 | or vocation.
| ||||||
25 | (Source: P.A. 84-617.)
|
| |||||||
| |||||||
1 | (220 ILCS 5/9-254 new)
| ||||||
2 | Sec. 9-254. Customer credits for utility outages. An | ||||||
3 | electric utility must credit customers for times of service | ||||||
4 | disruption by reducing the customer's bill at the end of that | ||||||
5 | month proportionately to the length of time of the service | ||||||
6 | disruption.
| ||||||
7 | (220 ILCS 5/16-102)
| ||||||
8 | Sec. 16-102. Definitions. For the purposes of this
Article | ||||||
9 | the following terms shall be defined as set forth in
this | ||||||
10 | Section.
| ||||||
11 | "Alternative retail electric supplier" means every
person, | ||||||
12 | cooperative, corporation, municipal corporation,
company, | ||||||
13 | association, joint stock company or association,
firm, | ||||||
14 | partnership, individual, or other entity, their lessees,
| ||||||
15 | trustees, or receivers appointed by any court whatsoever, that
| ||||||
16 | offers electric power or energy for sale, lease or in exchange
| ||||||
17 | for other value received to one or more retail customers, or
| ||||||
18 | that engages in the delivery or furnishing of electric power
or | ||||||
19 | energy to such retail customers, and shall include, without
| ||||||
20 | limitation, resellers, aggregators and power marketers, but
| ||||||
21 | shall not include (i) electric utilities (or any agent of the
| ||||||
22 | electric utility to the extent the electric utility provides
| ||||||
23 | tariffed services to retail customers through that agent),
(ii) | ||||||
24 | any electric cooperative or municipal system as defined
in | ||||||
25 | Section 17-100 to the extent that the electric cooperative
or |
| |||||||
| |||||||
1 | municipal system is serving retail customers within any
area in | ||||||
2 | which it is or would be entitled to provide service
under the | ||||||
3 | law in effect immediately prior to the effective
date of this | ||||||
4 | amendatory Act of 1997, (iii) a public utility
that is owned | ||||||
5 | and operated by any public institution of higher
education of | ||||||
6 | this State, or a public utility that is owned by
such public | ||||||
7 | institution of higher education and operated by
any of its | ||||||
8 | lessees or operating agents, within any area in
which it is or | ||||||
9 | would be entitled to provide service under the
law in effect | ||||||
10 | immediately prior to the effective date of this
amendatory Act | ||||||
11 | of 1997, (iv) a retail customer to the extent
that customer | ||||||
12 | obtains its electric power and energy from that customer's
own | ||||||
13 | cogeneration or self-generation facilities, (v) an
entity that | ||||||
14 | owns, operates, sells, or arranges for the installation of
a | ||||||
15 | customer's own cogeneration or self-generation facilities, but | ||||||
16 | only to
the extent the entity is engaged in
owning,
selling or | ||||||
17 | arranging for the installation of such facility,
or operating | ||||||
18 | the facility
on behalf of such customer, provided however that | ||||||
19 | any such
third party owner or operator of a facility built | ||||||
20 | after
January 1, 1999, complies with the labor provisions of | ||||||
21 | Section 16-128(a) as
though
such third party were an | ||||||
22 | alternative retail
electric supplier,
or (vi) an industrial or
| ||||||
23 | manufacturing customer that owns
its own
distribution | ||||||
24 | facilities, to the extent that the customer provides service | ||||||
25 | from
that distribution system to a third-party contractor | ||||||
26 | located on the customer's
premises that is integrally and |
| |||||||
| |||||||
1 | predominantly engaged in the customer's
industrial or
| ||||||
2 | manufacturing process; provided, that if the industrial or | ||||||
3 | manufacturing
customer has elected delivery services, the | ||||||
4 | customer shall pay transition
charges applicable to the | ||||||
5 | electric power and energy consumed by the third-party
| ||||||
6 | contractor unless such charges are otherwise paid by the third | ||||||
7 | party
contractor, which shall be calculated based on the usage | ||||||
8 | of, and the base rates
or the contract rates applicable to, the | ||||||
9 | third-party contractor in accordance
with Section 16-102.
| ||||||
10 | "Base rates" means the rates for those tariffed services | ||||||
11 | that the electric
utility is required to offer pursuant to | ||||||
12 | subsection (a) of Section 16-103 and
that were identified in a | ||||||
13 | rate order for collection of the electric
utility's base rate | ||||||
14 | revenue requirement, excluding (i) separate automatic
rate | ||||||
15 | adjustment riders then in effect, (ii) special or negotiated | ||||||
16 | contract
rates, (iii) delivery services tariffs filed pursuant | ||||||
17 | to Section 16-108, (iv)
real-time pricing, or (v) tariffs that | ||||||
18 | were in effect prior to October 1, 1996
and that based charges | ||||||
19 | for services on an index or average of other utilities'
| ||||||
20 | charges, but including (vi) any subsequent redesign of such | ||||||
21 | rates for
tariffed
services that is authorized by the | ||||||
22 | Commission after notice and hearing.
| ||||||
23 | "Competitive service" includes (i) any service that
has | ||||||
24 | been declared to be competitive pursuant to Section
16-113 of | ||||||
25 | this Act, (ii) contract service, and (iii) services,
other than | ||||||
26 | tariffed services, that are related to, but not
necessary for, |
| |||||||
| |||||||
1 | the provision of electric power and energy or delivery | ||||||
2 | services.
| ||||||
3 | "Contract service" means (1) services, including the
| ||||||
4 | provision of electric power and energy or other services, that
| ||||||
5 | are provided by mutual agreement between an electric utility
| ||||||
6 | and a retail customer that is located in the electric
utility's | ||||||
7 | service area, provided that, delivery services shall
not be a | ||||||
8 | contract service until such services are declared
competitive | ||||||
9 | pursuant to Section 16-113; and also means (2) the
provision of | ||||||
10 | electric power and energy by an electric utility
to retail | ||||||
11 | customers outside the electric utility's service
area pursuant | ||||||
12 | to Section 16-116. Provided, however, contract
service does not | ||||||
13 | include electric utility services provided
pursuant to (i) | ||||||
14 | contracts that retail customers are required
to execute as a | ||||||
15 | condition of receiving tariffed services, or
(ii) special or | ||||||
16 | negotiated rate contracts for electric utility
services that | ||||||
17 | were entered into between an electric utility
and a retail | ||||||
18 | customer prior to the effective date of this
amendatory Act of | ||||||
19 | 1997 and filed with the Commission.
| ||||||
20 | "Delivery services" means those services provided by the
| ||||||
21 | electric utility that are necessary in order for the
| ||||||
22 | transmission and distribution systems to function so that
| ||||||
23 | retail customers located in the electric utility's service
area | ||||||
24 | can receive electric power and energy from suppliers
other than | ||||||
25 | the electric utility, and shall include, without
limitation, | ||||||
26 | standard metering and billing services.
|
| |||||||
| |||||||
1 | "Electric utility" means a public utility, as defined in
| ||||||
2 | Section 3-105 of this Act, that has a franchise, license,
| ||||||
3 | permit or right to furnish or sell electricity to retail
| ||||||
4 | customers within a service area.
| ||||||
5 | "Mandatory transition period" means the period from | ||||||
6 | December 16, 1997 ( the
effective date of Public Act 90-561)
| ||||||
7 | this amendatory Act of 1997 through
January
1, 2007 and from | ||||||
8 | the effective date of this amendatory Act of the 95th General | ||||||
9 | Assembly through January 1, 2008, for residential customers | ||||||
10 | with all electric residential service offered in the service | ||||||
11 | areas of all electric utilities that, on December 31, 2005, | ||||||
12 | served at least 100,000 customers .
| ||||||
13 | "Municipal system" shall have the meaning set forth in
| ||||||
14 | Section 17-100.
| ||||||
15 | "Real-time pricing" means tariffed retail charges for | ||||||
16 | delivered electric
power and energy that vary
hour-to-hour and | ||||||
17 | are determined from wholesale market prices using a methodology | ||||||
18 | approved by the Illinois Commerce Commission.
| ||||||
19 | "Retail customer" means a single entity using electric
| ||||||
20 | power or energy at a single premises and that (A) either (i)
is | ||||||
21 | receiving or is eligible to receive tariffed services from
an | ||||||
22 | electric utility, or (ii) that is served by a municipal system | ||||||
23 | or electric
cooperative within any area in which the
municipal | ||||||
24 | system or electric cooperative is or would be
entitled to | ||||||
25 | provide service under the law in effect
immediately prior to | ||||||
26 | the effective date of this amendatory Act
of 1997, or (B) an |
| |||||||
| |||||||
1 | entity which on the effective date of this
Act was receiving | ||||||
2 | electric service from a public utility and
(i) was engaged in | ||||||
3 | the practice of resale and redistribution
of such electricity | ||||||
4 | within a building prior to January 2,
1957, or (ii) was | ||||||
5 | providing lighting services to tenants in a
multi-occupancy | ||||||
6 | building, but only to the extent such resale,
redistribution or | ||||||
7 | lighting service is authorized by the
electric utility's | ||||||
8 | tariffs that were on file with the
Commission on the effective | ||||||
9 | date of this Act.
| ||||||
10 | "Service area" means (i) the geographic area within which
| ||||||
11 | an electric utility was lawfully entitled to provide electric
| ||||||
12 | power and energy to retail customers as of the effective date
| ||||||
13 | of this amendatory Act of 1997, and includes (ii) the location
| ||||||
14 | of any retail customer to which the electric utility was
| ||||||
15 | lawfully providing electric utility services on such effective
| ||||||
16 | date.
| ||||||
17 | "Small commercial retail customer" means those
| ||||||
18 | nonresidential retail customers of an electric utility
| ||||||
19 | consuming 15,000 kilowatt-hours or less of electricity
| ||||||
20 | annually in its service area.
| ||||||
21 | "Tariffed service" means services provided to retail
| ||||||
22 | customers by an electric utility as defined by its rates on
| ||||||
23 | file with the Commission pursuant to the provisions of Article
| ||||||
24 | IX of this Act, but shall not include competitive services.
| ||||||
25 | "Transition charge" means a charge expressed in cents
per | ||||||
26 | kilowatt-hour that is calculated for a customer or class
of |
| |||||||
| |||||||
1 | customers as follows for each year in which an electric
utility | ||||||
2 | is entitled to recover transition charges as provided
in | ||||||
3 | Section 16-108:
| ||||||
4 | (1) the amount of revenue that an electric utility
| ||||||
5 | would receive from the retail customer or customers if it
| ||||||
6 | were serving such customers' electric power and energy
| ||||||
7 | requirements as a tariffed service based on (A) all of
the | ||||||
8 | customers' actual usage during the 3 years
ending 90 days | ||||||
9 | prior to the date on which such customers
were first | ||||||
10 | eligible for delivery services pursuant to
Section 16-104, | ||||||
11 | and (B) on (i) the base rates in effect
on October 1, 1996 | ||||||
12 | (adjusted for the reductions required
by subsection (b) of | ||||||
13 | Section 16-111, for any reduction resulting from a rate
| ||||||
14 | decrease under Section 16-101(b), for any restatement of | ||||||
15 | base rates made in
conjunction with an elimination
of the | ||||||
16 | fuel adjustment clause pursuant to subsection (b), (d), or | ||||||
17 | (f) of
Section
9-220
and for any removal of decommissioning | ||||||
18 | costs from base
rates pursuant to Section 16-114)
and any | ||||||
19 | separate automatic rate adjustment riders (other
than a | ||||||
20 | decommissioning rate as defined in Section 16-114)
under | ||||||
21 | which the customers were receiving or, had they
been | ||||||
22 | customers, would have received electric power and
energy | ||||||
23 | from the electric utility during the year
immediately | ||||||
24 | preceding the date on which such customers
were first | ||||||
25 | eligible for delivery service pursuant to
Section 16-104, | ||||||
26 | or (ii) to the extent applicable, any
contract rates, |
| |||||||
| |||||||
1 | including contracts or rates for consolidated or
| ||||||
2 | aggregated billing, under which such customers were
| ||||||
3 | receiving electric power and energy from the electric
| ||||||
4 | utility during such year;
| ||||||
5 | (2) less the amount of revenue, other than revenue
from | ||||||
6 | transition charges and decommissioning rates, that the | ||||||
7 | electric utility
would
receive from such retail customers | ||||||
8 | for delivery services
provided by the electric utility, | ||||||
9 | assuming such customers
were taking delivery services for | ||||||
10 | all of their usage,
based on the delivery services tariffs | ||||||
11 | in effect during
the year for which the transition charge | ||||||
12 | is being
calculated and on the usage identified in | ||||||
13 | paragraph (1);
| ||||||
14 | (3) less the market value for the electric power
and | ||||||
15 | energy that the electric utility would have used to
supply | ||||||
16 | all of such customers' electric power and energy
| ||||||
17 | requirements, as a tariffed service, based on the usage
| ||||||
18 | identified in paragraph (1), with such market value
| ||||||
19 | determined in accordance with Section 16-112 of this Act;
| ||||||
20 | (4) less the following amount which represents the
| ||||||
21 | amount to be attributed to new revenue sources and cost
| ||||||
22 | reductions by the electric utility through the end of the
| ||||||
23 | period for which transition costs are recovered pursuant
to | ||||||
24 | Section 16-108, referred to in this Article XVI as a | ||||||
25 | "mitigation factor":
| ||||||
26 | (A) for nonresidential retail customers, an amount |
| |||||||
| |||||||
1 | equal to the greater
of (i) 0.5 cents per kilowatt-hour | ||||||
2 | during the period October 1, 1999
through December 31, | ||||||
3 | 2004, 0.6 cents per kilowatt-hour in calendar year | ||||||
4 | 2005,
and 0.9 cents per kilowatt-hour in calendar year | ||||||
5 | 2006, multiplied in
each year by the usage identified | ||||||
6 | in paragraph (1), or (ii) an amount equal to
the | ||||||
7 | following percentages of the amount produced by | ||||||
8 | applying the applicable
base rates (adjusted as | ||||||
9 | described in subparagraph (1)(B)) or contract rate to
| ||||||
10 | the usage identified in paragraph (1): 8% for the | ||||||
11 | period October 1, 1999
through December 31, 2002, 10% | ||||||
12 | in calendar years 2003 and 2004, 11% in calendar
year | ||||||
13 | 2005 and 12% in calendar year 2006;
and
| ||||||
14 | (B) for residential retail customers, an amount
| ||||||
15 | equal to the following percentages of the amount | ||||||
16 | produced by applying the
base rates in effect on | ||||||
17 | October 1, 1996 (adjusted as
described in subparagraph | ||||||
18 | (1)(B)) to the usage
identified in paragraph (1): (i) | ||||||
19 | 6% from May 1, 2002 through December 31,
2002, (ii) 7% | ||||||
20 | in calendar years 2003 and 2004, (iii) 8% in calendar | ||||||
21 | year
2005, and (iv) 10% in calendar year 2006;
| ||||||
22 | (5) divided by the usage of such customers
identified | ||||||
23 | in paragraph (1),
| ||||||
24 | provided that the transition charge shall never be less than
| ||||||
25 | zero.
| ||||||
26 | "Unbundled service" means a component or constituent part
|
| |||||||
| |||||||
1 | of a tariffed service which the electric utility subsequently
| ||||||
2 | offers separately to its customers.
| ||||||
3 | (Source: P.A. 94-977, eff. 6-30-06.)
| ||||||
4 | (220 ILCS 5/16-111)
| ||||||
5 | Sec. 16-111. Rates and restructuring transactions during
| ||||||
6 | mandatory transition period.
| ||||||
7 | (a) During the mandatory transition period,
| ||||||
8 | notwithstanding any provision of Article IX of this Act, and
| ||||||
9 | except as provided in subsections (b), (d), (e), and (f)
of | ||||||
10 | this Section, the Commission shall order all electric utilities | ||||||
11 | that, on December 31, 2005, served at least 100,000 customers | ||||||
12 | to file and implement tariffs to reinstate all rates for | ||||||
13 | residential customers with all electric residences paid by the | ||||||
14 | electric utilities' residential customers with all electric | ||||||
15 | residences on December 31, 2006, within 10 days after the | ||||||
16 | effective date of this amendatory Act of the 95th General | ||||||
17 | Assembly, and the Commission shall not , prior to 2008, (i) | ||||||
18 | initiate,
authorize or order any change by way of increase | ||||||
19 | (other than in connection with
a request for rate increase | ||||||
20 | which was filed after September 1, 1997 but prior
to October | ||||||
21 | 15, 1997, by an electric utility serving less than 12,500 | ||||||
22 | customers
in this State) or (ii) , (ii)
initiate or, unless | ||||||
23 | requested by the electric utility,
authorize or order any | ||||||
24 | change by way of decrease,
restructuring or unbundling (except | ||||||
25 | as provided in Section 16-109A), in the
rates of any electric
|
| |||||||
| |||||||
1 | utility that were in effect on October 1, 1996, or (iii) in any | ||||||
2 | order approving
any application for a merger pursuant to | ||||||
3 | Section 7-204 that was pending as of
May 16, 1997, impose any | ||||||
4 | condition requiring any filing for an increase,
decrease, or | ||||||
5 | change in, or other review of, an electric utility's rates or
| ||||||
6 | enforce any such condition of any such order;
provided,
| ||||||
7 | however, that this subsection shall not prohibit the
Commission | ||||||
8 | from:
| ||||||
9 | (1) (blank);
approving the application of an electric | ||||||
10 | utility
to implement an alternative to rate of return | ||||||
11 | regulation
or a regulatory mechanism that rewards or | ||||||
12 | penalizes the
electric utility through adjustment of rates | ||||||
13 | based on
utility performance, pursuant to Section 9-244;
| ||||||
14 | (2) authorizing an electric utility to eliminate its
| ||||||
15 | fuel adjustment clause and adjust its base rate tariffs
in | ||||||
16 | accordance with subsection (b), (d), or (f) of Section
| ||||||
17 | 9-220 of this Act, to fix its fuel adjustment factor in
| ||||||
18 | accordance with subsection (c) of Section 9-220 of this
| ||||||
19 | Act, or to eliminate its fuel adjustment clause in | ||||||
20 | accordance with subsection
(e) of Section 9-220 of this | ||||||
21 | Act;
| ||||||
22 | (3) ordering into effect tariffs for delivery
services | ||||||
23 | and transition charges in accordance with
Sections 16-104 | ||||||
24 | and 16-108, for real-time pricing in
accordance with | ||||||
25 | Section 16-107, or the options required
by Section 16-110 | ||||||
26 | and subsection (n) of 16-112,
allowing a billing experiment |
| |||||||
| |||||||
1 | in accordance with
Section 16-106, or modifying delivery | ||||||
2 | services tariffs in accordance with
Section 16-109; or
| ||||||
3 | (4) ordering or allowing into effect any tariff to
| ||||||
4 | recover charges pursuant to Sections 9-201.5, 9-220.1,
| ||||||
5 | 9-221, 9-222 (except as provided in Section 9-222.1), | ||||||
6 | 16-108, and 16-114 of
this
Act, Section 5-5 of the | ||||||
7 | Electricity Infrastructure Maintenance Fee Law, Section
| ||||||
8 | 6-5 of the Renewable Energy, Energy Efficiency, and Coal | ||||||
9 | Resources Development
Law of 1997, and Section 13 of the | ||||||
10 | Energy Assistance Act.
| ||||||
11 | After December 31, 2004, the provisions of this subsection | ||||||
12 | (a) shall not
apply to an electric utility whose average | ||||||
13 | residential retail rate was less
than or equal to 90% of the | ||||||
14 | average residential retail rate for the "Midwest
Utilities", as | ||||||
15 | that term is defined in subsection (b) of this Section, based | ||||||
16 | on
data reported on Form 1 to the Federal Energy Regulatory | ||||||
17 | Commission for
calendar year 1995, and which served between | ||||||
18 | 150,000 and 250,000 retail
customers in this State on January | ||||||
19 | 1, 1995
unless the electric utility or its holding company has | ||||||
20 | been acquired by or
merged with an affiliate of another | ||||||
21 | electric utility subsequent to January 1,
2002. This exemption | ||||||
22 | shall be limited to
this subsection (a) and shall not extend to | ||||||
23 | any other provisions of this Act.
| ||||||
24 | (b) Notwithstanding the provisions of subsection (a), each | ||||||
25 | Illinois electric
utility serving more than 12,500 customers in | ||||||
26 | Illinois shall file tariffs (i)
reducing, effective August 1, |
| |||||||
| |||||||
1 | 1998, each component of its base rates to
residential retail
| ||||||
2 | customers by 15% from the base rates in effect immediately | ||||||
3 | prior to January 1,
1998 and (ii) if the public utility | ||||||
4 | provides electric service to (A) more
than
500,000
customers | ||||||
5 | but less than 1,000,000 customers in this State on January 1,
| ||||||
6 | 1999,
reducing, effective May 1, 2002, each component of its
| ||||||
7 | base rates to residential retail customers by an additional 5% | ||||||
8 | from the base
rates in effect immediately prior to January 1, | ||||||
9 | 1998, or (B) at least
1,000,000 customers in this State on | ||||||
10 | January 1, 1999,
reducing, effective October 1, 2001, each | ||||||
11 | component of its
base rates to residential retail customers by | ||||||
12 | an additional
5% from the base rates in effect immediately | ||||||
13 | prior to
January 1, 1998.
Provided, however, that (A) if an | ||||||
14 | electric utility's average residential
retail
rate is less than | ||||||
15 | or equal to the average residential retail
rate for a group
of | ||||||
16 | Midwest Utilities (consisting of all investor-owned electric | ||||||
17 | utilities with
annual system peaks in excess of 1000 megawatts | ||||||
18 | in the States of Illinois,
Indiana, Iowa, Kentucky, Michigan, | ||||||
19 | Missouri, Ohio, and Wisconsin), based on
data
reported on Form | ||||||
20 | 1 to the Federal Energy Regulatory Commission for calendar
year | ||||||
21 | 1995,
then it shall only be required to file tariffs (i) | ||||||
22 | reducing, effective August
1, 1998, each component of its base | ||||||
23 | rates to residential
retail customers by
5% from the base rates | ||||||
24 | in effect immediately prior to January 1, 1998, (ii)
reducing, | ||||||
25 | effective October 1, 2000, each component of its base
rates to | ||||||
26 | residential retail customers by the lesser of 5% of the base |
| |||||||
| |||||||
1 | rates in
effect immediately prior to January 1, 1998 or the
| ||||||
2 | percentage by which the electric utility's average residential | ||||||
3 | retail rate
exceeds the average residential retail rate of the | ||||||
4 | Midwest Utilities,
based on data
reported on Form 1 to the | ||||||
5 | Federal Energy Regulatory Commission for calendar
year 1999, | ||||||
6 | and (iii) reducing, effective October 1, 2002, each component | ||||||
7 | of its
base rates to
residential retail customers by an
| ||||||
8 | additional amount equal to the lesser of 5% of the base rates | ||||||
9 | in effect
immediately prior to January 1, 1998 or the | ||||||
10 | percentage by which
the electric utility's average residential | ||||||
11 | retail rate exceeds the average
residential retail rate of the | ||||||
12 | Midwest Utilities,
based on data reported on Form
1 to the | ||||||
13 | Federal Energy Regulatory Commission for calendar year 2001; | ||||||
14 | and (B)
if the average residential retail rate of an electric | ||||||
15 | utility serving between
150,000
and 250,000 retail customers in | ||||||
16 | this State on January 1, 1995 is less than or
equal to 90% of
| ||||||
17 | the average residential retail rate for the Midwest Utilities, | ||||||
18 | based on data
reported
on Form 1 to the Federal Energy | ||||||
19 | Regulatory Commission for calendar year 1995,
then it shall | ||||||
20 | only be required to file tariffs (i) reducing, effective August
| ||||||
21 | 1,
1998, each component of its base rates to residential retail | ||||||
22 | customers by 2%
from the base rates in effect immediately prior | ||||||
23 | to January 1, 1998; (ii)
reducing, effective October 1, 2000, | ||||||
24 | each component of its base rates to
residential retail | ||||||
25 | customers by 2% from the base rate in effect immediately
prior | ||||||
26 | to January 1, 1998; and (iii) reducing, effective October 1, |
| |||||||
| |||||||
1 | 2002, each
component of its base rates to residential retail | ||||||
2 | customers by 1% from the base
rates in effect immediately prior | ||||||
3 | to January 1, 1998.
Provided,
further, that any electric | ||||||
4 | utility for which a decrease in base rates has been
or is | ||||||
5 | placed into effect between October 1, 1996 and the dates | ||||||
6 | specified in the
preceding sentences of this subsection, other | ||||||
7 | than pursuant to the requirements
of this subsection,
shall be | ||||||
8 | entitled to reduce the amount of any reduction or reductions in | ||||||
9 | its
base rates required by this subsection by the amount of | ||||||
10 | such other decrease.
The tariffs required under this
subsection | ||||||
11 | shall be filed 45 days in advance of
the effective date.
| ||||||
12 | Notwithstanding anything to the contrary in Section 9-220 of | ||||||
13 | this Act, no
restatement of base rates in conjunction with the | ||||||
14 | elimination of a fuel
adjustment clause under that Section | ||||||
15 | shall result in a lesser decrease in base
rates than customers | ||||||
16 | would otherwise receive under this subsection had the
electric | ||||||
17 | utility's fuel adjustment clause not been eliminated.
| ||||||
18 | (c) Any utility reducing its base rates by 15% on August 1, | ||||||
19 | 1998 pursuant
to
subsection
(b)
shall include the following | ||||||
20 | statement on its bills for residential customers
from August 1 | ||||||
21 | through December 31, 1998: "Effective August 1, 1998, your | ||||||
22 | rates
have been
reduced by 15% by the Electric Service
Customer | ||||||
23 | Choice and Rate Relief Law of 1997 passed by the Illinois | ||||||
24 | General
Assembly.". Any utility reducing its base rates by 5% | ||||||
25 | on August 1, 1998,
pursuant to subsection (b) shall include the | ||||||
26 | following statement on its bills
for residential customers from |
| |||||||
| |||||||
1 | August 1 through December 31, 1998: "Effective
August 1,
1998, | ||||||
2 | your rates have been reduced by 5% by the Electric Service | ||||||
3 | Customer
Choice and Rate Relief Law of 1997 passed by the | ||||||
4 | Illinois General Assembly.".
| ||||||
5 | Any utility reducing its base rates by 2% on August 1, 1998 | ||||||
6 | pursuant to
subsection (b) shall include the following | ||||||
7 | statement on its bills for
residential customers from August 1 | ||||||
8 | through December 31, 1998: "Effective
August 1, 1998, your | ||||||
9 | rates have been reduced by 2% by the Electric Service
Customer | ||||||
10 | Choice and Rate Relief Law of 1997 passed by the Illinois | ||||||
11 | General
Assembly.".
| ||||||
12 | (d) During the mandatory transition period, but not before | ||||||
13 | January 1, 2000,
and notwithstanding
the provisions of | ||||||
14 | subsection (a), an electric
utility may request an increase in | ||||||
15 | its base rates if the
electric utility demonstrates that the | ||||||
16 | 2-year average of its
earned rate of return on common equity, | ||||||
17 | calculated as its net
income applicable to common stock divided | ||||||
18 | by the average of
its beginning and ending balances of common | ||||||
19 | equity using data
reported in the electric utility's Form 1 | ||||||
20 | report to the
Federal Energy Regulatory Commission but adjusted | ||||||
21 | to remove
the effects of accelerated depreciation or | ||||||
22 | amortization or
other transition or mitigation measures | ||||||
23 | implemented by the
electric utility pursuant to subsection (g) | ||||||
24 | of this Section
and the effect of any refund paid pursuant to | ||||||
25 | subsection (e)
of this Section, is
below the 2-year average for | ||||||
26 | the same 2 years of the monthly average yields of
30-year
U.S. |
| |||||||
| |||||||
1 | Treasury bonds published by the Board of Governors of the
| ||||||
2 | Federal Reserve System in its weekly H.15 Statistical Release | ||||||
3 | or
successor publication.
The Commission shall review the | ||||||
4 | electric utility's request, and may review the
justness and | ||||||
5 | reasonableness of all rates for tariffed services, in
| ||||||
6 | accordance with the provisions of Article IX of this Act, | ||||||
7 | provided that the
Commission shall consider any special or | ||||||
8 | negotiated adjustments to the
revenue requirement agreed to | ||||||
9 | between the electric utility and the other
parties to the | ||||||
10 | proceeding. In setting rates under this Section, the Commission
| ||||||
11 | shall exclude the costs and revenues that are associated with | ||||||
12 | competitive
services and any billing or pricing experiments | ||||||
13 | conducted under Section 16-106.
| ||||||
14 | (e) For the purposes of this subsection (e) all | ||||||
15 | calculations and
comparisons shall be performed for the | ||||||
16 | Illinois operations
of
multijurisdictional utilities. During | ||||||
17 | the mandatory transition period,
notwithstanding the | ||||||
18 | provisions
of subsection (a), if the 2-year
average of an | ||||||
19 | electric utility's earned rate of return on
common equity, | ||||||
20 | calculated as its net income applicable to
common stock divided | ||||||
21 | by the average of its beginning and
ending balances of common | ||||||
22 | equity using data reported in
the electric utility's Form 1 | ||||||
23 | report to the Federal
Energy Regulatory Commission but adjusted | ||||||
24 | to remove the
effect of any refund paid under this subsection | ||||||
25 | (e),
and further adjusted to include the annual amortization of | ||||||
26 | any difference
between the consideration received by an |
| |||||||
| |||||||
1 | affiliated interest of the electric
utility in the sale of an | ||||||
2 | asset which had been sold or transferred by the
electric | ||||||
3 | utility to the affiliated interest subsequent to the effective | ||||||
4 | date of
this
amendatory Act of 1997 and the consideration for | ||||||
5 | which such asset had been sold
or transferred to the affiliated | ||||||
6 | interest, with such difference to be amortized
ratably from the | ||||||
7 | date of the sale by the affiliated interest to December 31,
| ||||||
8 | 2006,
exceeds the 2-year average of the Index for the same 2
| ||||||
9 | years by 1.5 or more percentage points, the electric
utility | ||||||
10 | shall make refunds to customers beginning the
first billing day | ||||||
11 | of April in the following year in the
manner described in | ||||||
12 | paragraph (3) of this subsection.
For purposes of this | ||||||
13 | subsection (e),
the "Index" shall be the sum of (A) the average | ||||||
14 | for
the 12 months ended September 30
of the monthly average | ||||||
15 | yields of 30-year U.S. Treasury
bonds published by the Board of | ||||||
16 | Governors of the Federal
Reserve System in its weekly H.15 | ||||||
17 | Statistical Release or
successor publication for each year 1998 | ||||||
18 | through 2006, and (B) (i)
4.00
percentage points for
each of | ||||||
19 | the 12-month periods ending September 30, 1998 through
| ||||||
20 | September 30, 1999 or
8.00 percentage points if the electric | ||||||
21 | utility's average
residential retail rate is less than or equal | ||||||
22 | to 90% of the average residential
retail rate
for the "Midwest | ||||||
23 | Utilities", as that term is defined in subsection (b) of this
| ||||||
24 | Section, based on data reported on Form 1 to the Federal Energy | ||||||
25 | Regulatory
Commission for calendar year 1995, and the electric | ||||||
26 | utility served between
150,000 and 250,000 retail customers on |
| |||||||
| |||||||
1 | January 1, 1995,
(ii) 7.00
percentage points for each of the | ||||||
2 | 12-month periods ending September 30, 2000
through September | ||||||
3 | 30, 2006 if the electric utility was providing
service to
at | ||||||
4 | least 1,000,000 customers in this State on January 1, 1999,
or | ||||||
5 | 9.00 percentage points if the
electric
utility's
average | ||||||
6 | residential retail rate is less than or equal to 90% of the | ||||||
7 | average
residential retail rate for the "Midwest Utilities", as | ||||||
8 | that term is defined in
subsection (b) of this Section, based | ||||||
9 | on data reported on Form 1 to the Federal
Energy Regulatory | ||||||
10 | Commission for calendar year 1995 and the electric utility
| ||||||
11 | served between 150,000 and 250,000 retail customers in this | ||||||
12 | State on January
1, 1995, (iii) 11.00 percentage points for | ||||||
13 | each of the
12-month periods ending
September 30, 2000 through | ||||||
14 | September 30, 2006, but only if the
electric
utility's average | ||||||
15 | residential retail rate is less than or equal to 90% of the
| ||||||
16 | average residential retail rate for the "Midwest Utilities", as | ||||||
17 | that term is
defined in subsection (b) of this Section, based | ||||||
18 | on data reported on Form 1 to
the Federal Energy Regulatory | ||||||
19 | Commission for calendar year 1995, the electric
utility served | ||||||
20 | between 150,000 and 250,000 retail customers in this State on
| ||||||
21 | January 1, 1995, and the electric utility offers delivery | ||||||
22 | services on or before
June 1, 2000 to retail customers whose | ||||||
23 | annual electric energy use comprises 33%
of the kilowatt hour | ||||||
24 | sales to that group of retail
customers that are classified | ||||||
25 | under Division D, Groups 20 through 39 of the
Standard | ||||||
26 | Industrial Classifications set forth in the Standard |
| |||||||
| |||||||
1 | Industrial
Classification Manual published by the United | ||||||
2 | States Office of Management and
Budget, excluding the kilowatt | ||||||
3 | hour sales to those customers that are eligible
for delivery | ||||||
4 | services pursuant to Section 16-104(a)(1)(i), and offers | ||||||
5 | delivery
services to its remaining retail customers classified | ||||||
6 | under Division D, Groups
20 through 39 on or before October 1, | ||||||
7 | 2000, and, provided further, that the
electric
utility commits | ||||||
8 | not to petition pursuant to Section 16-108(f) for entry of an
| ||||||
9 | order by the Commission authorizing the electric utility to | ||||||
10 | implement
transition charges for an additional period after | ||||||
11 | December 31, 2006, or (iv)
5.00 percentage points for each of | ||||||
12 | the 12-month periods
ending September 30, 2000 through | ||||||
13 | September 30, 2006 for all other
electric
utilities or 7.00 | ||||||
14 | percentage points for such utilities for
each of the 12-month | ||||||
15 | periods ending September 30, 2000 through September 30,
2006 | ||||||
16 | for any such utility that commits not to petition pursuant to
| ||||||
17 | Section
16-108(f) for entry of an order by the Commission | ||||||
18 | authorizing the electric
utility to implement transition | ||||||
19 | charges for an additional period after December
31, 2006 or | ||||||
20 | 11.00 percentage points for each of the
12-month periods ending | ||||||
21 | September 30, 2005 and September 30, 2006 for each
electric | ||||||
22 | utility providing service to fewer than 6,500, or between | ||||||
23 | 75,000 and
150,000, electric
retail customers in this State
on | ||||||
24 | January 1, 1995 if such utility commits not to petition | ||||||
25 | pursuant to Section
16-108(f) for entry of an order by the | ||||||
26 | Commission authorizing the electric
utility to implement |
| |||||||
| |||||||
1 | transition charges for an additional period after December
31, | ||||||
2 | 2006.
| ||||||
3 | (1) For purposes of this subsection (e), "excess
| ||||||
4 | earnings" means the difference between (A) the 2-year
| ||||||
5 | average of the electric utility's earned rate of return
on | ||||||
6 | common equity, less (B) the 2-year average of the sum
of | ||||||
7 | (i) the Index applicable to each of the 2 years and
(ii) | ||||||
8 | 1.5 percentage points; provided, that "excess
earnings" | ||||||
9 | shall never be less than zero.
| ||||||
10 | (2) On or before March 31 of each year 2000 through | ||||||
11 | 2007 each
electric
utility shall
file a report with the | ||||||
12 | Commission showing its earned rate
of return on common | ||||||
13 | equity, calculated in accordance with
this subsection, for | ||||||
14 | the preceding calendar year and the
average for the | ||||||
15 | preceding 2 calendar years.
| ||||||
16 | (3) If an electric utility has excess earnings,
| ||||||
17 | determined in accordance with paragraphs (1) and (2) of
| ||||||
18 | this subsection, the refunds which the electric utility
| ||||||
19 | shall pay to its customers beginning the first billing
day | ||||||
20 | of April in the following year shall be calculated
and | ||||||
21 | applied as follows:
| ||||||
22 | (i) The electric utility's excess earnings
shall | ||||||
23 | be multiplied by the average of the beginning
and | ||||||
24 | ending balances of the electric utility's common
| ||||||
25 | equity for the 2-year period in which excess
earnings | ||||||
26 | occurred.
|
| |||||||
| |||||||
1 | (ii) The result of the calculation in (i) shall
be | ||||||
2 | multiplied by 0.50 and then divided by a number
equal | ||||||
3 | to 1 minus the electric utility's composite
federal and | ||||||
4 | State income tax rate.
| ||||||
5 | (iii) The result of the calculation in (ii)
shall | ||||||
6 | be divided by the sum of the electric
utility's | ||||||
7 | projected total kilowatt-hour sales to
retail | ||||||
8 | customers plus projected kilowatt-hours to be
| ||||||
9 | delivered to delivery services customers over a one
| ||||||
10 | year period beginning with the first billing date in
| ||||||
11 | April in the succeeding year to determine a cents
per | ||||||
12 | kilowatt-hour refund factor.
| ||||||
13 | (iv) The cents per kilowatt-hour refund factor
| ||||||
14 | calculated in (iii) shall be credited to the
electric | ||||||
15 | utility's customers by applying the factor
on the | ||||||
16 | customer's monthly bills to each kilowatt-hour sold or | ||||||
17 | delivered until
the total amount
calculated in (ii) has | ||||||
18 | been paid to customers.
| ||||||
19 | (f) During the mandatory transition period, an electric
| ||||||
20 | utility may file revised tariffs reducing the price of any
| ||||||
21 | tariffed service offered by the electric utility for all
| ||||||
22 | customers taking that tariffed service, which shall be
| ||||||
23 | effective 7 days after filing.
| ||||||
24 | (g) During the mandatory transition period, an electric
| ||||||
25 | utility may, without obtaining any approval of the Commission | ||||||
26 | other than that
provided for in this subsection and
|
| |||||||
| |||||||
1 | notwithstanding any other provision of this Act or any rule or
| ||||||
2 | regulation of the Commission that would require such approval:
| ||||||
3 | (1) implement a reorganization, other than a merger of | ||||||
4 | 2 or
more public utilities as defined in Section 3-105 or | ||||||
5 | their
holding companies;
| ||||||
6 | (2) retire generating plants from service;
| ||||||
7 | (3) sell, assign, lease or otherwise transfer assets to | ||||||
8 | an
affiliated or unaffiliated entity and as part of such
| ||||||
9 | transaction enter into service agreements, power purchase
| ||||||
10 | agreements, or other agreements with the transferee; | ||||||
11 | provided,
however, that the prices, terms and conditions of | ||||||
12 | any power
purchase agreement must be approved or allowed | ||||||
13 | into effect by
the Federal Energy Regulatory Commission; or
| ||||||
14 | (4) use any
accelerated cost recovery method including | ||||||
15 | accelerated depreciation,
accelerated amortization or | ||||||
16 | other capital recovery
methods, or record reductions to the | ||||||
17 | original cost of its
assets.
| ||||||
18 | In order to implement a reorganization, retire
generating | ||||||
19 | plants from service, or sell, assign, lease or
otherwise | ||||||
20 | transfer assets pursuant to this Section, the
electric utility | ||||||
21 | shall comply with subsections (c) and (d) of Section
16-128, if | ||||||
22 | applicable, and subsection (k) of this Section, if applicable,
| ||||||
23 | and provide the Commission with at
least 30 days notice of the | ||||||
24 | proposed reorganization or
transaction, which notice shall | ||||||
25 | include the following
information:
| ||||||
26 | (i) a complete statement of the entries that the
|
| |||||||
| |||||||
1 | electric utility will make on its books and records of
| ||||||
2 | account to implement the proposed reorganization or
| ||||||
3 | transaction together with a certification from an
| ||||||
4 | independent certified public accountant that such | ||||||
5 | entries
are in accord with generally accepted | ||||||
6 | accounting
principles and, if the Commission has | ||||||
7 | previously approved
guidelines for cost allocations | ||||||
8 | between the utility and
its affiliates, a | ||||||
9 | certification from the chief accounting
officer of the | ||||||
10 | utility that such entries are in accord
with those cost | ||||||
11 | allocation guidelines;
| ||||||
12 | (ii) a description of how the electric utility will
| ||||||
13 | use proceeds of any sale, assignment, lease or transfer
| ||||||
14 | to retire debt or otherwise reduce or recover the costs
| ||||||
15 | of services provided by such electric utility;
| ||||||
16 | (iii) a list of all federal approvals or approvals
| ||||||
17 | required from departments and agencies of this State,
| ||||||
18 | other than the Commission, that the electric utility | ||||||
19 | has
or will obtain before implementing the | ||||||
20 | reorganization or
transaction;
| ||||||
21 | (iv) an irrevocable commitment by the electric
| ||||||
22 | utility that it will not, as a result of the | ||||||
23 | transaction,
impose any stranded cost charges that it | ||||||
24 | might otherwise
be allowed to charge retail customers | ||||||
25 | under federal law
or increase the transition charges | ||||||
26 | that it is otherwise
entitled to collect under this |
| |||||||
| |||||||
1 | Article XVI; and
| ||||||
2 | (v) if the electric utility proposes to sell,
| ||||||
3 | assign, lease or otherwise transfer a generating plant
| ||||||
4 | that brings the amount of net dependable generating
| ||||||
5 | capacity transferred pursuant to this subsection to an
| ||||||
6 | amount equal to or greater than 15% of the electric
| ||||||
7 | utility's net dependable capacity as of the effective
| ||||||
8 | date of this amendatory Act of 1997, and enters into a
| ||||||
9 | power purchase agreement with the entity to which such
| ||||||
10 | generating plant is sold, assigned, leased, or | ||||||
11 | otherwise
transferred, the electric utility also | ||||||
12 | agrees, if its
fuel adjustment clause has not already | ||||||
13 | been eliminated,
to eliminate its fuel adjustment | ||||||
14 | clause in accordance
with subsection (b) of Section | ||||||
15 | 9-220 for a period of time
equal to the length of any | ||||||
16 | such power purchase agreement
or successor agreement, | ||||||
17 | or until January 1, 2005,
whichever is longer; if the | ||||||
18 | capacity of the generating
plant so transferred and | ||||||
19 | related power purchase agreement
does not result in the | ||||||
20 | elimination of the fuel adjustment
clause under this | ||||||
21 | subsection, and the fuel adjustment clause has not | ||||||
22 | already
been eliminated, the electric utility shall
| ||||||
23 | agree that the costs associated with the transferred
| ||||||
24 | plant that are included in the calculation of the rate
| ||||||
25 | per kilowatt-hour to be applied pursuant to the | ||||||
26 | electric
utility's fuel adjustment clause during such |
| |||||||
| |||||||
1 | period shall
not exceed the per kilowatt-hour cost | ||||||
2 | associated with
such generating plant included in the | ||||||
3 | electric utility's
fuel adjustment clause during the | ||||||
4 | full calendar year
preceding the transfer, with such | ||||||
5 | limit to be adjusted
each year thereafter by the Gross | ||||||
6 | Domestic Product
Implicit Price Deflator.
| ||||||
7 | (vi) In addition, if the electric utility proposes | ||||||
8 | to sell, assign, or
lease, (A) either (1) an amount of | ||||||
9 | generating plant that brings the amount of
net | ||||||
10 | dependable generating capacity transferred pursuant to | ||||||
11 | this subsection to
an amount equal to or greater than | ||||||
12 | 15% of its net dependable capacity on the
effective | ||||||
13 | date of this amendatory Act of 1997, or (2) one or more | ||||||
14 | generating
plants with a total net dependable capacity | ||||||
15 | of 1100 megawatts, or (B)
transmission and | ||||||
16 | distribution facilities that either (1) bring the | ||||||
17 | amount of
transmission and distribution facilities | ||||||
18 | transferred pursuant to this
subsection to an amount | ||||||
19 | equal to or greater than 15% of the electric utility's
| ||||||
20 | total depreciated original cost investment in such | ||||||
21 | facilities, or (2) represent
an investment of | ||||||
22 | $25,000,000 in terms of total depreciated original | ||||||
23 | cost, the
electric utility shall provide, in
addition | ||||||
24 | to the information listed in subparagraphs
(i) through | ||||||
25 | (v), the following information: (A) a description of | ||||||
26 | how the
electric utility will meet its service |
| |||||||
| |||||||
1 | obligations under this Act in a safe and
reliable | ||||||
2 | manner and (B) the electric utility's projected earned | ||||||
3 | rate of
return on common equity, calculated in | ||||||
4 | accordance with subsection (d) of this
Section, for | ||||||
5 | each year from the date of the notice through December | ||||||
6 | 31,
2006
both with and without the proposed | ||||||
7 | transaction. If
the Commission has not issued an order | ||||||
8 | initiating a hearing on the proposed
transaction | ||||||
9 | within 30 days after the date the electric utility's | ||||||
10 | notice is
filed, the transaction shall be deemed | ||||||
11 | approved. The Commission may, after
notice and | ||||||
12 | hearing,
prohibit the proposed transaction if it makes | ||||||
13 | either or both of the following
findings: (1) that the | ||||||
14 | proposed transaction will render the electric utility
| ||||||
15 | unable to provide its tariffed services in a safe and | ||||||
16 | reliable manner, or (2)
that there is a strong | ||||||
17 | likelihood that consummation of the proposed | ||||||
18 | transaction
will result in the electric utility being | ||||||
19 | entitled to request an increase in
its base rates | ||||||
20 | during the mandatory transition period pursuant to | ||||||
21 | subsection
(d) of this Section. Any hearing initiated | ||||||
22 | by the Commission into the proposed
transaction shall | ||||||
23 | be completed, and the Commission's final order | ||||||
24 | approving or
prohibiting the proposed transaction | ||||||
25 | shall be entered, within 90 days after the
date the | ||||||
26 | electric utility's notice was filed.
Provided, |
| |||||||
| |||||||
1 | however, that a sale, assignment, or lease of | ||||||
2 | transmission facilities
to an independent system | ||||||
3 | operator that meets the requirements of Section 16-126
| ||||||
4 | shall not be subject to Commission approval under this | ||||||
5 | Section.
| ||||||
6 | In any proceeding conducted by the Commission | ||||||
7 | pursuant to this
subparagraph
(vi), intervention shall | ||||||
8 | be limited to parties with a direct interest in the
| ||||||
9 | transaction which is the subject of the hearing and any | ||||||
10 | statutory consumer
protection agency as defined in | ||||||
11 | subsection (d) of Section 9-102.1.
Notwithstanding the | ||||||
12 | provisions of Section 10-113 of this Act, any | ||||||
13 | application
seeking rehearing of an order issued under | ||||||
14 | this subparagraph (vi), whether
filed by the electric | ||||||
15 | utility or by an intervening party, shall be filed | ||||||
16 | within
10 days after service of the order.
| ||||||
17 | The Commission shall not in any subsequent proceeding or
| ||||||
18 | otherwise, review such a reorganization or other transaction
| ||||||
19 | authorized by this Section, but shall retain the authority to | ||||||
20 | allocate costs as
stated in Section 16-111(i). An entity to | ||||||
21 | which an electric
utility sells, assigns, leases or transfers | ||||||
22 | assets pursuant to
this subsection (g) shall not, as a result | ||||||
23 | of the transactions
specified in this subsection (g), be deemed | ||||||
24 | a public utility
as defined in Section 3-105. Nothing in this | ||||||
25 | subsection (g)
shall change any requirement under the | ||||||
26 | jurisdiction of the
Illinois Department of Nuclear Safety |
| |||||||
| |||||||
1 | including, but not
limited to, the payment of fees. Nothing in | ||||||
2 | this subsection
(g) shall exempt a utility from obtaining a | ||||||
3 | certificate
pursuant to Section 8-406 of this Act for the | ||||||
4 | construction of
a new electric generating facility. Nothing in | ||||||
5 | this
subsection (g) is intended to exempt the transactions | ||||||
6 | hereunder from the
operation of the federal or State antitrust
| ||||||
7 | laws. Nothing in this subsection (g) shall require an electric
| ||||||
8 | utility to use the procedures specified in this subsection for
| ||||||
9 | any of the transactions specified herein. Any other procedure
| ||||||
10 | available under this Act may, at the electric utility's
| ||||||
11 | election, be used for any such transaction.
| ||||||
12 | (h) During the mandatory transition period, the
Commission | ||||||
13 | shall not establish or use any rates of
depreciation, which for | ||||||
14 | purposes of this subsection shall
include amortization, for any | ||||||
15 | electric utility other than
those established pursuant to | ||||||
16 | subsection (c) of Section 5-104
of this Act or utilized | ||||||
17 | pursuant to subsection (g) of this
Section. Provided, however, | ||||||
18 | that in any proceeding to review an electric
utility's rates | ||||||
19 | for tariffed services pursuant to Section 9-201, 9-202, 9-250
| ||||||
20 | or
16-111(d) of this Act, the Commission may establish new | ||||||
21 | rates
of depreciation for the electric utility in the same | ||||||
22 | manner provided in
subsection (d) of Section 5-104 of this Act.
| ||||||
23 | An electric utility implementing an accelerated cost
recovery | ||||||
24 | method including accelerated depreciation,
accelerated | ||||||
25 | amortization or other capital recovery methods, or
recording | ||||||
26 | reductions to the original cost of its assets,
pursuant to |
| |||||||
| |||||||
1 | subsection (g) of this Section, shall file a
statement with the | ||||||
2 | Commission describing the accelerated cost
recovery method to | ||||||
3 | be implemented or the reduction in the
original cost of its | ||||||
4 | assets to be recorded. Upon the filing
of such statement, the | ||||||
5 | accelerated cost recovery method or the
reduction in the | ||||||
6 | original cost of assets shall be deemed to be
approved by the | ||||||
7 | Commission as though an order had been entered
by the | ||||||
8 | Commission.
| ||||||
9 | (i) Subsequent to the mandatory transition period, the
| ||||||
10 | Commission, in any proceeding to establish rates and charges
| ||||||
11 | for tariffed services offered by an electric utility, shall
| ||||||
12 | consider only (1) the then current or projected revenues,
| ||||||
13 | costs, investments and cost of capital directly or
indirectly | ||||||
14 | associated with the provision of such tariffed
services; (2) | ||||||
15 | collection of transition charges in accordance
with Sections | ||||||
16 | 16-102 and 16-108 of this Act; (3) recovery of
any employee | ||||||
17 | transition costs as described in Section 16-128
which the | ||||||
18 | electric utility is continuing to incur, including
recovery of | ||||||
19 | any unamortized portion of such costs previously
incurred or | ||||||
20 | committed, with such costs to be equitably
allocated among | ||||||
21 | bundled services, delivery services, and
contracts with | ||||||
22 | alternative retail electric suppliers; and (4)
recovery of the | ||||||
23 | costs associated with the electric utility's
compliance with | ||||||
24 | decommissioning funding requirements; and
shall not consider | ||||||
25 | any other revenues, costs, investments
or cost of capital of | ||||||
26 | either the electric utility or of any
affiliate of the electric |
| |||||||
| |||||||
1 | utility that are not associated with the provision of
tariffed | ||||||
2 | services. In setting rates for tariffed services, the | ||||||
3 | Commission
shall equitably allocate joint and common costs and | ||||||
4 | investments between the
electric utility's competitive and | ||||||
5 | tariffed services. In determining the
justness and
| ||||||
6 | reasonableness of the electric power and energy component of
an | ||||||
7 | electric utility's rates for tariffed services subsequent
to | ||||||
8 | the mandatory transition period and prior to the time that
the | ||||||
9 | provision of such electric power and energy is declared
| ||||||
10 | competitive, the Commission shall consider the extent to which
| ||||||
11 | the electric utility's tariffed rates for such component for
| ||||||
12 | each customer class exceed the market value determined
pursuant | ||||||
13 | to Section 16-112, and, if the electric power and
energy | ||||||
14 | component of such tariffed rate exceeds the market
value by | ||||||
15 | more than 10% for any customer class, may
establish such | ||||||
16 | electric power and energy component at a rate
equal to the | ||||||
17 | market value plus 10%.
In any such case, the Commission may | ||||||
18 | also elect to extend the provisions of
Section 16-111(e) for | ||||||
19 | any period in which the electric utility is collecting
| ||||||
20 | transition charges, using information applicable to such | ||||||
21 | period.
| ||||||
22 | (j) During the mandatory transition period, an electric
| ||||||
23 | utility may elect to transfer to a non-operating income
account | ||||||
24 | under the Commission's Uniform System of Accounts
either or | ||||||
25 | both of (i) an amount of unamortized investment tax
credit that | ||||||
26 | is in addition to the ratable amount which is
credited to the |
| |||||||
| |||||||
1 | electric utility's operating income account
for the year in | ||||||
2 | accordance with Section 46(f)(2) of the
federal Internal | ||||||
3 | Revenue Code of 1986, as in effect prior to P.L. 101-508, or
| ||||||
4 | (ii) "excess tax reserves",
as that term is defined in Section | ||||||
5 | 203(e)(2)(A) of the federal
Tax Reform Act of 1986, provided | ||||||
6 | that (A) the amount
transferred may not exceed the amount of | ||||||
7 | the electric
utility's assets that were created pursuant to | ||||||
8 | Statement of
Financial Accounting Standards No. 71 which the | ||||||
9 | electric
utility has written off during the mandatory | ||||||
10 | transition
period, and (B) the transfer shall not be effective | ||||||
11 | until
approved by the Internal Revenue Service. An electric | ||||||
12 | utility
electing to make such a transfer shall file a statement | ||||||
13 | with
the Commission stating the amount and timing of the | ||||||
14 | transfer
for which it intends to request approval of the | ||||||
15 | Internal
Revenue Service, along with a copy of its proposed | ||||||
16 | request to
the Internal Revenue Service for a ruling. The | ||||||
17 | Commission
shall issue an order within 14 days after the | ||||||
18 | electric
utility's filing approving, subject to receipt of | ||||||
19 | approval
from the Internal Revenue Service, the proposed | ||||||
20 | transfer.
| ||||||
21 | (k) If an electric utility is selling or transferring
to a | ||||||
22 | single buyer 5 or more generating plants located in this State | ||||||
23 | with a
total net dependable capacity of 5000 megawatts or more
| ||||||
24 | pursuant to subsection (g) of this Section and has obtained
a | ||||||
25 | sale price or consideration that exceeds 200% of
the book value | ||||||
26 | of such plants, the electric utility must
provide to the |
| |||||||
| |||||||
1 | Governor, the President of the Illinois
Senate, the Minority | ||||||
2 | Leader of the Illinois Senate, the
Speaker of the Illinois | ||||||
3 | House of Representatives, and the
Minority Leader of the | ||||||
4 | Illinois House of Representatives no
later than 15 days after | ||||||
5 | filing its notice under subsection
(g) of this Section or 5 | ||||||
6 | days after the date on which this
subsection (k) becomes law, | ||||||
7 | whichever is later, a written
commitment in which such electric | ||||||
8 | utility agrees to expend
$2 billion outside the corporate | ||||||
9 | limits of any municipality
with 1,000,000 or more inhabitants | ||||||
10 | within such electric
utility's service area, over a 6-year | ||||||
11 | period beginning
with the calendar year in which the notice is | ||||||
12 | filed, on
projects, programs, and improvements within its | ||||||
13 | service area
relating to transmission and distribution | ||||||
14 | including, without
limitation, infrastructure expansion, | ||||||
15 | repair and
replacement, capital investments, operations and
| ||||||
16 | maintenance, and vegetation management.
| ||||||
17 | (Source: P.A. 91-50, eff. 6-30-99; 92-537, eff. 6-6-02; 92-690, | ||||||
18 | eff. 7-18-02;
revised 9-10-02.)
| ||||||
19 | (220 ILCS 5/16-111.4 new) | ||||||
20 | Sec. 16-111.4. Provisions relating to rates following the | ||||||
21 | mandatory transition period. | ||||||
22 | (a) The General Assembly finds that although competition in | ||||||
23 | the electric services market is creating opportunities for new | ||||||
24 | products and services for retail customers and lower costs for | ||||||
25 | many users of electricity, additional steps should be taken in |
| |||||||
| |||||||
1 | order to mitigate the rate impacts associated with the end of | ||||||
2 | the mandatory transition period on those residential customers | ||||||
3 | that are served by the State's largest utilities, encourage the | ||||||
4 | use of renewable resources and energy efficiency in competitive | ||||||
5 | markets, and provide the revenues needed to ensure reliable | ||||||
6 | service, while still allowing for the development of an | ||||||
7 | effectively competitive electricity market that operates | ||||||
8 | efficiently and is equitable to all consumers. Accordingly, if | ||||||
9 | the residential customer electric service rates that have been | ||||||
10 | approved by the Commission to take effect at the end of the | ||||||
11 | mandatory transition period for an electric utility reflect a | ||||||
12 | projected increase of more than 15% in the electric utility's | ||||||
13 | average rate charged to residential customers for bundled | ||||||
14 | electric service, such electric utility shall be required to | ||||||
15 | implement for all of its residential customers a rate | ||||||
16 | mitigation plan. If such electric utility serves two million or | ||||||
17 | more residential customers in its service area, its rate | ||||||
18 | mitigation plan shall incorporate a three-phase rate increase | ||||||
19 | with the following limitations on the increases in the electric | ||||||
20 | service rates to customers: (i) in 2007, no more than 7% over | ||||||
21 | the average rate charged to residential customers in 2006; (ii) | ||||||
22 | in 2008, no more than an additional 7% over the average rate | ||||||
23 | charged to residential customers in 2006; and (iii) in 2009, no | ||||||
24 | more than an additional 8% over the average rate charged to | ||||||
25 | residential customers in 2006. If such electric utility serves | ||||||
26 | more than 100,000 and fewer than two million residential |
| |||||||
| |||||||
1 | customers in its service area, its rate mitigation plan shall | ||||||
2 | incorporate a three-phase rate increase with the following | ||||||
3 | limitations on the increases in the electric service rates to | ||||||
4 | customers: (i) in 2007, no more than 14% over the average rate | ||||||
5 | charged to residential customers in 2006; (ii) in 2008, no more | ||||||
6 | than an additional 14% over the average rate charged to | ||||||
7 | residential customers in 2006; and (iii) in 2009, no more than | ||||||
8 | an additional 14% over the average rate charged to residential | ||||||
9 | customers in 2006. The above limitations on the increases to | ||||||
10 | customers shall be separately calculated for each residential | ||||||
11 | class of service. Such limitations on the increase shall be | ||||||
12 | calculated using the same data used in the electric utility's | ||||||
13 | most recent rate case.
Each electric utility required to | ||||||
14 | implement a mitigation plan under this Section shall submit | ||||||
15 | tariffs reflecting such plan to the Commission no later than 30 | ||||||
16 | days after the effective date of this amendatory Act of the | ||||||
17 | 95th General Assembly. The tariffs shall provide for the first | ||||||
18 | credit that implements the rate mitigation plan and offsets the | ||||||
19 | otherwise applicable rate to appear on the customer's bill no | ||||||
20 | later than bills issued in May 2007 billing period. The | ||||||
21 | Commission shall issue an order with regard to such tariffs no | ||||||
22 | later than April 1, 2007, and may in that order require such | ||||||
23 | amendments as are necessary to bring the tariffs in compliance | ||||||
24 | with the provisions of this subsection (a). The order approving | ||||||
25 | the tariff shall authorize the utility to defer, record as a | ||||||
26 | regulatory asset, and collect over the period 2010 through |
| |||||||
| |||||||
1 | 2012, the amounts that would have otherwise been recovered but | ||||||
2 | for this subsection (a). Such collections shall not include | ||||||
3 | carrying costs. There shall be a prohibition against any | ||||||
4 | interest charge for a residential customer that participates in | ||||||
5 | the deferral program. | ||||||
6 | This subsection (a) shall not apply to electric service | ||||||
7 | rates for classes other than the residential customer class. | ||||||
8 | For purposes of this Section, "residential customer" means any | ||||||
9 | customer who takes utility residential service, regardless of | ||||||
10 | the customer's choice of electric supplier. | ||||||
11 | Nothing in this subsection (a) shall be interpreted to | ||||||
12 | limit the Commission's authority over ratemaking or to preclude | ||||||
13 | the Commission from reviewing or approving other or | ||||||
14 | supplemental rate mitigation or phase-in plans or rate designs | ||||||
15 | proposed by an electric utility; or increasing, decreasing, or | ||||||
16 | changing an electric utility's rates; or reviewing or approving | ||||||
17 | individual rates and riders; to the extent otherwise allowed | ||||||
18 | under this Act. | ||||||
19 | (b) An electric utility that is required to file a rate | ||||||
20 | mitigation plan as provided in subsection (a) of this Section | ||||||
21 | and that serves two million or more residential customers in | ||||||
22 | this State, shall, notwithstanding any other provisions of this | ||||||
23 | Act, and without obtaining any approvals from the Commission | ||||||
24 | other than those set forth below, make the following payments | ||||||
25 | or incur the following costs associated with the development of | ||||||
26 | energy efficiency and renewable resources for the benefit of |
| |||||||
| |||||||
1 | its residential customers, and assistance to those residential | ||||||
2 | customers least able to afford utility services: | ||||||
3 | (1) costs of $3 million prior to December 31, 2007, | ||||||
4 | associated with either customer education that promotes | ||||||
5 | the use of energy efficiency programs and services by | ||||||
6 | residential customers, maintenance and upgrades of a | ||||||
7 | website that allows such customers to analyze their energy | ||||||
8 | usage and provides incentives for the purchase of energy | ||||||
9 | efficient products, or the provision of energy efficient | ||||||
10 | lightbulbs to residential customers at a discount; | ||||||
11 | (2) payments of $10 million in aggregate during the | ||||||
12 | period January 2, 2007 through December 31, 2009 toward | ||||||
13 | energy efficiency programs, including demand response | ||||||
14 | programs, that are proposed by the electric utility for its | ||||||
15 | residential customers and approved by the Commission as | ||||||
16 | consistent with the goals and objectives stated in this | ||||||
17 | Section and in Section 16-101A of this Act. The electric | ||||||
18 | utility shall file a description of the programs it | ||||||
19 | proposes to implement under this item (2) with the | ||||||
20 | Commission within 30 days of the effective date of this | ||||||
21 | amendatory Act, and the Commission shall enter its order | ||||||
22 | approving or modifying such programs within 150 days of the | ||||||
23 | date on which the utility's proposal is filed. The | ||||||
24 | Commission may approve a request to continue such a program | ||||||
25 | beyond December 31, 2009, provided that in any order | ||||||
26 | approving such continuation the Commission shall provide |
| |||||||
| |||||||
1 | for recovery of the ongoing costs associated with such | ||||||
2 | program and specify how such costs will be recovered by the | ||||||
3 | utility; | ||||||
4 | (3) incremental costs associated with the purchase of | ||||||
5 | renewable energy of $10 million in total aggregate costs | ||||||
6 | during the period beginning January 2, 2007 and ending | ||||||
7 | December 31, 2009, provided that the Commission approve any | ||||||
8 | contract for such purchase that extends beyond December 31, | ||||||
9 | 2009 as consistent with the goals and objectives stated in | ||||||
10 | this Section and in Section 16-101A of this Act, and that | ||||||
11 | if the contract for such purchase extends beyond December | ||||||
12 | 31, 2009 the Commission shall in its order approving such a | ||||||
13 | purchase provide for recovery of the ongoing costs | ||||||
14 | associated with such purchase and specify how such costs | ||||||
15 | will be recovered by the utility; | ||||||
16 | (4) payments of $1 million per year for each of the | ||||||
17 | years 2007, 2008, and 2009 associated with a pilot program | ||||||
18 | within the electric utility's service area that is proposed | ||||||
19 | and designed by the utilities for residential customers | ||||||
20 | eligible to participate in the State-administered Low | ||||||
21 | Income Home Energy Assistance Program that has been | ||||||
22 | reviewed and accepted by the Department of Healthcare and | ||||||
23 | Family Services and that provides for the provision of | ||||||
24 | electric service under a percentage of income payment plan; | ||||||
25 | (5) payments of $1 million per year for each of the | ||||||
26 | years 2007, 2008, and 2009 into a working families |
| |||||||
| |||||||
1 | assistance fund that is administered in coordination with | ||||||
2 | the Illinois Department of Healthcare and Family Services | ||||||
3 | and provides assistance to residential households within | ||||||
4 | the electric utility's service area that are not eligible | ||||||
5 | for the State-administered Low Income Home Energy | ||||||
6 | Assistance Program and that have household income less than | ||||||
7 | twice the poverty level; and | ||||||
8 | (6) costs of $4 million during the period January 2, | ||||||
9 | 2007 through December 31, 2009 that are associated with a | ||||||
10 | program that provides senior citizens who live in | ||||||
11 | subsidized housing and pay their own electric bills with | ||||||
12 | monthly bill credits in each of the July, August, and | ||||||
13 | September billing periods. | ||||||
14 | (c) An electric utility that is required to file a rate | ||||||
15 | mitigation plan as provided in subsection (a) of this Section | ||||||
16 | and that serves more than 100,000 but fewer than two million | ||||||
17 | residential customers in this State, shall, notwithstanding | ||||||
18 | any other provisions of this Act and without obtaining any | ||||||
19 | approvals from the Commission other than those set forth below, | ||||||
20 | make the following payments or incur the following costs | ||||||
21 | associated with the development of energy efficiency and | ||||||
22 | renewable resources for the benefit of its residential | ||||||
23 | customers and assistance to those residential customers least | ||||||
24 | able to afford utility services: | ||||||
25 | (1) payments of at least $6 million prior to December | ||||||
26 | 31, 2008, toward energy efficiency programs that are |
| |||||||
| |||||||
1 | proposed by the electric utility for its residential | ||||||
2 | customers and approved by the Commission as consistent with | ||||||
3 | the goals and objectives stated in this Section and in | ||||||
4 | Section 16-101A of this Act. The electric utility shall | ||||||
5 | file a description of the programs it proposes to implement | ||||||
6 | under this item (1) with the Commission within 30 days of | ||||||
7 | the effective date of this amendatory Act, and the | ||||||
8 | Commission shall enter its order approving or modifying | ||||||
9 | such programs within 150 days of the date on which the | ||||||
10 | utility's proposal is filed. The Commission may approve a | ||||||
11 | request to continue such a program beyond December 31, | ||||||
12 | 2008, provided that in any order approving such | ||||||
13 | continuation, the Commission shall provide for recovery of | ||||||
14 | the ongoing costs associated with such program and specify | ||||||
15 | how such costs will be recovered by the utility; and | ||||||
16 | (2) costs, of at least a total of $9 million during the | ||||||
17 | period January 2, 2007 through December 31, 2008, that are | ||||||
18 | associated with programs that assist low income | ||||||
19 | residential customers pay their electric bills, which may | ||||||
20 | include programs similar to those described in subsection | ||||||
21 | (b) of this Section. | ||||||
22 | (d) The Commission shall, on or before December 31, 2009, | ||||||
23 | adopt rules governing the recovery through rates of the costs | ||||||
24 | associated with an electric utility's discretionary investment | ||||||
25 | in programs that promote the use of energy efficiency and | ||||||
26 | renewable resources, other than those specific costs |
| |||||||
| |||||||
1 | identified in subsections (b) and (c) of this Section. | ||||||
2 | (e) (i) In the event that an electric utility that serves | ||||||
3 | two million or more residential customers in its service area | ||||||
4 | and that is required to file a rate mitigation plan as provided | ||||||
5 | in subsection (a) of this Section is assigned a noninvestment | ||||||
6 | grade credit rating on its senior unsecured debt from three | ||||||
7 | nationally recognized credit rating agencies, the limitations | ||||||
8 | in such rate mitigation plan shall cease to apply, rates | ||||||
9 | reflecting the full residential revenue requirement previously | ||||||
10 | approved for the utility shall be fully in effect, and the | ||||||
11 | utility shall begin recovering all amounts that have been | ||||||
12 | deferred on the terms set forth in the tariff approved by the | ||||||
13 | Commission. In addition, in such event the provisions of | ||||||
14 | subsections (b) and (c) of this Section shall cease to apply | ||||||
15 | and shall be of no further force and effect except for any | ||||||
16 | provision for cost recovery that has been made for the costs, | ||||||
17 | including ongoing costs, of such programs and purchases. | ||||||
18 | (ii) In the event that an electric utility that serves over | ||||||
19 | 100,000 and fewer than two million residential customers in its | ||||||
20 | service area and that is required to file a rate mitigation | ||||||
21 | plan as provided in subsection (a) of this Section is assigned | ||||||
22 | a noninvestment grade corporate credit rating or issuer rating | ||||||
23 | from either Standard & Poor's or Moody's Investor Service, the | ||||||
24 | limitations in such rate mitigation plan shall cease to apply, | ||||||
25 | rates reflecting the full residential revenue requirement | ||||||
26 | previously approved for the utility shall be fully in effect, |
| |||||||
| |||||||
1 | and the utility shall begin recovering all amounts that have | ||||||
2 | been deferred on the terms set forth in the tariff approved by | ||||||
3 | the Commission. In addition, in such event the provisions of | ||||||
4 | subsections (b) and (c) of this Section shall cease to apply | ||||||
5 | and shall be of no further force and effect except for any | ||||||
6 | provisions for cost recovery that has been made for the costs, | ||||||
7 | including ongoing costs, of such programs and purchases.
| ||||||
8 | (220 ILCS 5/16-113)
| ||||||
9 | Sec. 16-113. Declaration of service as a competitive
| ||||||
10 | service.
| ||||||
11 | (a) An electric utility may, by petition, request the | ||||||
12 | Commission to declare
a
tariffed service provided by the | ||||||
13 | electric
utility to be a competitive service. The electric | ||||||
14 | utility
shall give notice of its petition to the public in the | ||||||
15 | same
manner that public notice is provided for proposed general
| ||||||
16 | increases in rates for tariffed services, in accordance with
| ||||||
17 | rules and regulations prescribed by the Commission. The
| ||||||
18 | Commission shall hold a hearing and
on the petition if a | ||||||
19 | hearing
is deemed necessary by the Commission. The Commission
| ||||||
20 | shall
declare the class of tariffed service to be a competitive | ||||||
21 | service for some
identifiable customer segment or group of | ||||||
22 | customers, or some
clearly defined geographical area within the | ||||||
23 | electric
utility's service area, only after the electric | ||||||
24 | utility demonstrates that at least 33% of the customers in the | ||||||
25 | electric utility's service area that are eligible to take the |
| |||||||
| |||||||
1 | class of tariffed service instead take service from alternative | ||||||
2 | retail electric suppliers, as defined in Section 16-102, and | ||||||
3 | that at least 3 alternative retail electric suppliers provide | ||||||
4 | service that is comparable to the class of tariffed service to | ||||||
5 | those customers in the utility's service area that do not take | ||||||
6 | service from the electric utility;
if the service or a | ||||||
7 | reasonably
equivalent substitute service is reasonably | ||||||
8 | available to the
customer segment or group or in the defined | ||||||
9 | geographical area
at a comparable price from one or more | ||||||
10 | providers other than
the electric utility or an affiliate of | ||||||
11 | the electric utility,
and the electric utility has lost or | ||||||
12 | there is a reasonable
likelihood that the electric utility will | ||||||
13 | lose business for
the service to the other provider or | ||||||
14 | providers; provided, that
the Commission may not declare the | ||||||
15 | provision of electric power
and energy to be competitive | ||||||
16 | pursuant to this subsection with
respect to (i) any retail | ||||||
17 | customer or group of retail customers that is not
eligible | ||||||
18 | pursuant to Section 16-104 to take delivery services
provided | ||||||
19 | by the electric utility and (ii) any residential and
small | ||||||
20 | commercial retail customers prior to the last date on which | ||||||
21 | such
customers are required to pay transition charges.
In | ||||||
22 | determining whether to grant or deny a petition to declare
the | ||||||
23 | provision of electric power and energy competitive, the
| ||||||
24 | Commission shall consider, in applying the above criteria,
| ||||||
25 | whether there is adequate transmission capacity into the
| ||||||
26 | service area of the petitioning electric utility to make
|
| |||||||
| |||||||
1 | electric power and energy reasonably available to the customer
| ||||||
2 | segment or group or in the defined geographical area from one
| ||||||
3 | or more providers other than the electric utility or an
| ||||||
4 | affiliate of the electric utility, in accordance with this
| ||||||
5 | subsection. The Commission shall make its determination and
| ||||||
6 | issue its final order declaring or refusing to declare the
| ||||||
7 | service to be a competitive service within 180
120 days | ||||||
8 | following
the date that the petition is filed , or otherwise the | ||||||
9 | petition
shall be deemed to be granted; provided, that if the | ||||||
10 | petition
is deemed to be granted by operation of law, the | ||||||
11 | Commission
shall not thereby be precluded from finding and | ||||||
12 | ordering, in a
subsequent proceeding initiated by the | ||||||
13 | Commission, and after
notice and hearing, that the service is | ||||||
14 | not competitive based
on the criteria set forth in this | ||||||
15 | subsection .
| ||||||
16 | (b) Any customer except a customer identified in
subsection | ||||||
17 | (c) of Section 16-103 who is taking a tariffed
service that is | ||||||
18 | declared to be a competitive service pursuant
to subsection (a) | ||||||
19 | of this Section shall be entitled to
continue to take the | ||||||
20 | service from the electric utility on a
tariffed basis for a | ||||||
21 | period of 3 years following the date
that the service is | ||||||
22 | declared competitive, or such other period
as is stated in the | ||||||
23 | electric utility's tariff pursuant to
Section 16-110. This | ||||||
24 | subsection shall not require the
electric utility to offer or | ||||||
25 | provide on a tariffed basis any
service to any customer (except | ||||||
26 | those customers identified in
subsection (c) of Section 16-103) |
| |||||||
| |||||||
1 | that was not taking such
service on a tariffed basis on the | ||||||
2 | date the service was
declared to be competitive.
| ||||||
3 | (c) If the Commission denies a petition to declare a
| ||||||
4 | service to be a competitive service, or determines in a
| ||||||
5 | separate proceeding that a service is not competitive based on
| ||||||
6 | the criteria set forth in subsection (a), the electric utility
| ||||||
7 | may file a new petition no earlier than 6 months following the
| ||||||
8 | date of the Commission's order, requesting, on the basis of
| ||||||
9 | additional or different facts and circumstances, that the
| ||||||
10 | service be declared to be a competitive service.
| ||||||
11 | (d) The Commission shall not deny a petition to declare
a | ||||||
12 | service to be a competitive service, and shall not find that
a | ||||||
13 | service is not a competitive service, on the grounds that it
| ||||||
14 | has previously denied the petition of another electric utility
| ||||||
15 | to declare the same or a similar service to be a competitive
| ||||||
16 | service or has previously determined that the same or a
similar | ||||||
17 | service provided by another electric utility is not a
| ||||||
18 | competitive service.
| ||||||
19 | (e) An electric utility may declare a service, other
than | ||||||
20 | delivery services or the provision of electric power or
energy, | ||||||
21 | to be competitive by filing with the Commission at
least 14 | ||||||
22 | days prior to the date on which the service is to
become | ||||||
23 | competitive a notice describing the service that is
being | ||||||
24 | declared competitive and the date on which it will
become | ||||||
25 | competitive; provided, that any customer who is taking
a | ||||||
26 | tariffed service that is declared to be a competitive
service |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | pursuant to this subsection (e) shall be entitled to
continue | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | to take the service from the electric utility on a
tariffed | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | basis until the electric utility files, and the
Commission | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | grants, a petition to declare the service
competitive in | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | accordance with subsection (a) of this Section.
The Commission | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | shall be authorized to find and order, after
notice and hearing | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | in a subsequent proceeding initiated by the
Commission, that | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | any service declared to be competitive
pursuant to this | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | subsection (e) is not competitive in
accordance with the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | criteria set forth in subsection (a) of
this Section.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | (Source: P.A. 90-561, eff. 12-16-97.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | Section 99. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | becoming law.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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