94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3245

 

Introduced 2/22/2005, by Rep. Tom Cross

 

SYNOPSIS AS INTRODUCED:
 
220 ILCS 5/2-101   from Ch. 111 2/3, par. 2-101

    Amends the Public Utilities Act. Makes a technical change concerning the Illinois Commerce Commission.


LRB094 09570 MKM 39822 b

 

 

A BILL FOR

 

HB3245 LRB094 09570 MKM 39822 b

1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Public Utilities Act is amended by changing
5 Section 2-101 as follows:
 
6     (220 ILCS 5/2-101)  (from Ch. 111 2/3, par. 2-101)
7     Sec. 2-101. Commerce Commission created. There is created
8 an Illinois Commerce Commission consisting of 5 members not
9 more than 3 of whom shall be members of the the same political
10 party at the time of appointment. The Governor shall appoint
11 the members of such Commission by and with the advice and
12 consent of the Senate. In case of a vacancy in such office
13 during the recess of the Senate the Governor shall make a
14 temporary appointment until the next meeting of the Senate,
15 when he shall nominate some person to fill such office; and any
16 person so nominated who is confirmed by the Senate, shall hold
17 his office during the remainder of the term and until his
18 successor shall be appointed and qualified. Each member of the
19 Commission shall hold office for a term of 5 years from the
20 third Monday in January of the year in which his predecessor's
21 term expires.
22     Notwithstanding any provision of this Section to the
23 contrary, the term of office of each member of the Commission
24 is terminated on the effective date of this amendatory Act of
25 1995, but the incumbent members shall continue to exercise all
26 of the powers and be subject to all of the duties of members of
27 the Commission until their respective successors are appointed
28 and qualified. Of the members initially appointed under the
29 provisions of this amendatory Act of 1995, one member shall be
30 appointed for a term of office which shall expire on the third
31 Monday of January, 1997; 2 members shall be appointed for terms
32 of office which shall expire on the third Monday of January,

 

 

HB3245 - 2 - LRB094 09570 MKM 39822 b

1 1998; one member shall be appointed for a term of office which
2 shall expire on the third Monday of January, 1999; and one
3 member shall be appointed for a term of office which shall
4 expire on the third Monday of January, 2000. Each respective
5 successor shall be appointed for a term of 5 years from the
6 third Monday of January of the year in which his predecessor's
7 term expires in accordance with the provisions of the first
8 paragraph of this Section.
9     Each member shall serve until his successor is appointed
10 and qualified, except that if the Senate refuses to consent to
11 the appointment of any member, such office shall be deemed
12 vacant, and within 2 weeks of the date the Senate refuses to
13 consent to the reappointment of any member, such member shall
14 vacate such office. The Governor shall from time to time
15 designate the member of the Commission who shall be its
16 chairman. Consistent with the provisions of this Act, the
17 Chairman shall be the chief executive officer of the Commission
18 for the purpose of ensuring that the Commission's policies are
19 properly executed.
20     If there is no vacancy on the Commission, 4 members of the
21 Commission shall constitute a quorum to transact business;
22 otherwise, a majority of the Commission shall constitute a
23 quorum to transact business, and no vacancy shall impair the
24 right of the remaining commissioners to exercise all of the
25 powers of the Commission. Every finding, order, or decision
26 approved by a majority of the members of the Commission shall
27 be deemed to be the finding, order, or decision of the
28 Commission.
29 (Source: P.A. 92-22, eff. 6-30-01.)