HB3217 Engrossed LRB096 06230 MJR 16313 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 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

 

 

HB3217 Engrossed - 2 - LRB096 06230 MJR 16313 b

1 is terminated on the effective date of this amendatory Act of
2 1995, but the incumbent members shall continue to exercise all
3 of the powers and be subject to all of the duties of members of
4 the Commission until their respective successors are appointed
5 and qualified. Of the members initially appointed under the
6 provisions of this amendatory Act of 1995, one member shall be
7 appointed for a term of office which shall expire on the third
8 Monday of January, 1997; 2 members shall be appointed for terms
9 of office which shall expire on the third Monday of January,
10 1998; one member shall be appointed for a term of office which
11 shall expire on the third Monday of January, 1999; and one
12 member shall be appointed for a term of office which shall
13 expire on the third Monday of January, 2000. Each respective
14 successor shall be appointed for a term of 5 years from the
15 third Monday of January of the year in which his predecessor's
16 term expires in accordance with the provisions of the first
17 paragraph of this Section.
18     Each member shall serve until his successor is appointed
19 and qualified, except that if the Senate refuses to consent to
20 the appointment of any member, such office shall be deemed
21 vacant, and within 2 weeks of the date the Senate refuses to
22 consent to the reappointment of any member, such member shall
23 vacate such office. The Governor shall from time to time
24 designate the member of the Commission who shall be its
25 chairman. Consistent with the provisions of this Act, the
26 Chairman shall be the chief executive officer of the Commission

 

 

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1 for the purpose of ensuring that the Commission's policies are
2 properly executed.
3     If there is no vacancy on the Commission, 4 members of the
4 Commission shall constitute a quorum to transact business;
5 otherwise, a majority of the Commission shall constitute a
6 quorum to transact business, and no vacancy shall impair the
7 right of the remaining commissioners to exercise all of the
8 powers of the Commission. Every finding, order, or decision
9 approved by a majority of the members of the Commission shall
10 be deemed to be the finding, order, or decision of the
11 Commission.
12     Beginning after the effective date of this amendatory Act
13 of the 96th General Assembly and unless 2 members currently
14 reside in an area served by an electric utility that serves
15 more than 100,000 customers but fewer than 2 million customers
16 in this State, vacancies must be filled by appointees that
17 reside in areas served by an electric utility that serves more
18 than 100,000 customers but fewer than 2 million customers in
19 this State.
20 (Source: P.A. 92-22, eff. 6-30-01.)
 
21     Section 99. Effective date. This Act takes effect upon
22 becoming law.