97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0028

 

Introduced 1/27/2011, by Sen. Don Harmon

 

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 in a Section concerning the Illinois Commerce Commission.


LRB097 05297 ASK 45351 b

 

 

A BILL FOR

 

SB0028LRB097 05297 ASK 45351 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Utilities Act is amended by changing
5Section 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
8an Illinois Commerce Commission consisting of 5 members not
9more than 3 of whom shall be members of the the same political
10party at the time of appointment. The Governor shall appoint
11the members of such Commission by and with the advice and
12consent of the Senate. In case of a vacancy in such office
13during the recess of the Senate the Governor shall make a
14temporary appointment until the next meeting of the Senate,
15when he shall nominate some person to fill such office; and any
16person so nominated who is confirmed by the Senate, shall hold
17his office during the remainder of the term and until his
18successor shall be appointed and qualified. Each member of the
19Commission shall hold office for a term of 5 years from the
20third Monday in January of the year in which his predecessor's
21term expires.
22    Notwithstanding any provision of this Section to the
23contrary, the term of office of each member of the Commission

 

 

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1is terminated on the effective date of this amendatory Act of
21995, but the incumbent members shall continue to exercise all
3of the powers and be subject to all of the duties of members of
4the Commission until their respective successors are appointed
5and qualified. Of the members initially appointed under the
6provisions of this amendatory Act of 1995, one member shall be
7appointed for a term of office which shall expire on the third
8Monday of January, 1997; 2 members shall be appointed for terms
9of office which shall expire on the third Monday of January,
101998; one member shall be appointed for a term of office which
11shall expire on the third Monday of January, 1999; and one
12member shall be appointed for a term of office which shall
13expire on the third Monday of January, 2000. Each respective
14successor shall be appointed for a term of 5 years from the
15third Monday of January of the year in which his predecessor's
16term expires in accordance with the provisions of the first
17paragraph of this Section.
18    Each member shall serve until his successor is appointed
19and qualified, except that if the Senate refuses to consent to
20the appointment of any member, such office shall be deemed
21vacant, and within 2 weeks of the date the Senate refuses to
22consent to the reappointment of any member, such member shall
23vacate such office. The Governor shall from time to time
24designate the member of the Commission who shall be its
25chairman. Consistent with the provisions of this Act, the
26Chairman shall be the chief executive officer of the Commission

 

 

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1for the purpose of ensuring that the Commission's policies are
2properly executed.
3    If there is no vacancy on the Commission, 4 members of the
4Commission shall constitute a quorum to transact business;
5otherwise, a majority of the Commission shall constitute a
6quorum to transact business, and no vacancy shall impair the
7right of the remaining commissioners to exercise all of the
8powers of the Commission. Every finding, order, or decision
9approved by a majority of the members of the Commission shall
10be deemed to be the finding, order, or decision of the
11Commission.
12(Source: P.A. 92-22, eff. 6-30-01.)