Full Text of HB3217 96th General Assembly
HB3217sam001 96TH GENERAL ASSEMBLY
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Sen. Gary Forby
Filed: 4/30/2009
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09600HB3217sam001 |
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LRB096 06230 MJR 25861 a |
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| AMENDMENT TO HOUSE BILL 3217
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| AMENDMENT NO. ______. Amend House Bill 3217 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Public Utilities Act is amended by changing | 5 |
| Section 2-101 as follows:
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| (220 ILCS 5/2-101) (from Ch. 111 2/3, par. 2-101)
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| Sec. 2-101. Commerce Commission created. There is created | 8 |
| an Illinois
Commerce Commission consisting of 5 members not | 9 |
| more than 3 of whom shall be
members of the same political
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| 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,
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| when he shall nominate some person to fill such office; and any
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| person so nominated who is confirmed by the Senate, shall hold |
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| his office
during the remainder of the term and until his | 2 |
| successor shall be appointed
and qualified. Each member of the | 3 |
| Commission shall hold office for a term
of 5 years from the | 4 |
| third Monday in January of the year in which his
predecessor's | 5 |
| term expires.
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| Notwithstanding any provision of this Section to the | 7 |
| contrary, the term of
office of each member of the Commission | 8 |
| is terminated on the effective date of
this amendatory Act of | 9 |
| 1995, but the incumbent members
shall continue to exercise all | 10 |
| of the powers and be subject to all of the
duties of members of | 11 |
| the Commission until their respective successors are
appointed | 12 |
| and qualified. Of the members initially appointed under the
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| provisions of this amendatory Act of 1995, one member shall be | 14 |
| appointed for a
term of office which shall expire on the third | 15 |
| Monday of January, 1997; 2
members shall be appointed for terms | 16 |
| of office which shall expire on the third
Monday of January, | 17 |
| 1998; one member shall be appointed for a term of office
which | 18 |
| shall expire on the third Monday of January, 1999; and one | 19 |
| member shall
be appointed for a term of office which shall | 20 |
| expire on the third Monday of
January, 2000. Each respective | 21 |
| successor shall be appointed for a term of
5 years from the | 22 |
| third Monday of January of the year in which his
predecessor's | 23 |
| term expires in accordance with the provisions of the first
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| paragraph of this Section.
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| Each member shall serve until his successor is appointed | 26 |
| and qualified,
except that if the Senate refuses to consent to |
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| the appointment of any
member, such office shall be deemed | 2 |
| vacant, and within 2 weeks of the date
the Senate refuses to | 3 |
| consent to the reappointment of any member, such
member shall | 4 |
| vacate such office. The Governor shall from time to time
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| designate the member of the Commission who shall be its | 6 |
| chairman.
Consistent with the provisions of this Act, the | 7 |
| Chairman shall be the chief
executive officer of the Commission | 8 |
| for the purpose of ensuring that the
Commission's policies are | 9 |
| properly executed.
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| If there is no vacancy on the Commission, 4 members of the | 11 |
| Commission shall
constitute a quorum to transact business; | 12 |
| otherwise, a majority of the
Commission shall constitute a | 13 |
| quorum to transact business,
and no vacancy shall impair the | 14 |
| right of the remaining
commissioners to
exercise all of the | 15 |
| powers of the Commission. Every finding,
order, or
decision | 16 |
| approved by a majority of the members of the Commission shall | 17 |
| be
deemed to be the finding, order, or decision of the | 18 |
| Commission. | 19 |
| Any vacancies that are filled after the effective date of | 20 |
| this
amendatory Act of the 96th General Assembly must ensure | 21 |
| that at
all times, there are at least 2 members who reside in | 22 |
| areas served by an
electric utility that serves more than | 23 |
| 100,000 customers but fewer
than 2 million customers in this | 24 |
| State.
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| (Source: P.A. 92-22, eff. 6-30-01.)
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.".
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