96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0639

 

Introduced 2/6/2009, by Rep. William B. Black

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 120/1.02   from Ch. 102, par. 41.02
220 ILCS 5/9-201   from Ch. 111 2/3, par. 9-201
220 ILCS 5/10-102   from Ch. 111 2/3, par. 10-102

    Amends the Open Meetings Act and the Public Utilities Act to provide that, for the purposes of the Illinois Commerce Commission only, "meeting" includes any gathering, whether in person or by video or audio conference, telephone call, electronic means (such as, without limitation, electronic mail, electronic chat, and instant messaging), or other means of contemporaneous interactive communication, of one or more members of the Illinois Commerce Commission and a representative of a public utility held for the purpose of discussing public business. Further amends the Public Utilities Act to require that the Attorney General and any interested consumer organizations, upon request, must be given the opportunity to present oral arguments on the propriety of any proposed rate or other charge, classification, contract, practice, rule, or regulation at a hearing on the matter.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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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 Open Meetings Act is amended by changing
5 Section 1.02 as follows:
 
6     (5 ILCS 120/1.02)  (from Ch. 102, par. 41.02)
7     Sec. 1.02. For the purposes of this Act:
8     "Meeting" means any gathering, whether in person or by
9 video or audio conference, telephone call, electronic means
10 (such as, without limitation, electronic mail, electronic
11 chat, and instant messaging), or other means of contemporaneous
12 interactive communication, of a majority of a quorum of the
13 members of a public body held for the purpose of discussing
14 public business or, for a 5-member public body, a quorum of the
15 members of a public body held for the purpose of discussing
16 public business.
17     Accordingly, for a 5-member public body, 3 members of the
18 body constitute a quorum and the affirmative vote of 3 members
19 is necessary to adopt any motion, resolution, or ordinance,
20 unless a greater number is otherwise required.
21     For the purposes of the Illinois Commerce Commission only,
22 "meeting" includes any gathering, whether in person or by video
23 or audio conference, telephone call, electronic means (such as,

 

 

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1 without limitation, electronic mail, electronic chat, and
2 instant messaging), or other means of contemporaneous
3 interactive communication, of one or more members of the
4 Illinois Commerce Commission and a representative of a public
5 utility, as that term is defined in the Public Utilities Act,
6 held for the purpose of discussing public business.
7     "Public body" includes all legislative, executive,
8 administrative or advisory bodies of the State, counties,
9 townships, cities, villages, incorporated towns, school
10 districts and all other municipal corporations, boards,
11 bureaus, committees or commissions of this State, and any
12 subsidiary bodies of any of the foregoing including but not
13 limited to committees and subcommittees which are supported in
14 whole or in part by tax revenue, or which expend tax revenue,
15 except the General Assembly and committees or commissions
16 thereof. "Public body" includes tourism boards and convention
17 or civic center boards located in counties that are contiguous
18 to the Mississippi River with populations of more than 250,000
19 but less than 300,000. "Public body" includes the Health
20 Facilities Planning Board. "Public body" does not include a
21 child death review team or the Illinois Child Death Review
22 Teams Executive Council established under the Child Death
23 Review Team Act or an ethics commission acting under the State
24 Officials and Employees Ethics Act.
25 (Source: P.A. 94-1058, eff. 1-1-07; 95-245, eff. 8-17-07.)
 

 

 

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1     Section 10. The Public Utilities Act is amended by changing
2 Sections 9-201 and 10-102 as follows:
 
3     (220 ILCS 5/9-201)  (from Ch. 111 2/3, par. 9-201)
4     Sec. 9-201. (a) Unless the Commission otherwise orders, and
5 except as otherwise provided in this Section, no change shall
6 be made by any public utility in any rate or other charge or
7 classification, or in any rule, regulation, practice or
8 contract relating to or affecting any rate or other charge,
9 classification or service, or in any privilege or facility,
10 except after 45 days' notice to the Commission and to the
11 public as herein provided. Such notice shall be given by filing
12 with the Commission and keeping open for public inspection new
13 schedules or supplements stating plainly the change or changes
14 to be made in the schedule or schedules then in force, and the
15 time when the change or changes will go into effect, and by
16 publication in a newspaper of general circulation or such other
17 notice to persons affected by such change as may be prescribed
18 by rule of the Commission. The Commission, for good cause
19 shown, may allow changes without requiring the 45 days' notice
20 herein provided for, by an order specifying the changes so to
21 be made and the time when they shall take effect and the manner
22 in which they shall be filed and published.
23     When any change is proposed in any rate or other charge, or
24 classification, or in any rule, regulation, practice, or
25 contract relating to or affecting any rate or other charge,

 

 

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1 classification or service, or in any privilege or facility,
2 such proposed change shall be plainly indicated on the new
3 schedule filed with the Commission, by some character to be
4 designated by the Commission, immediately preceding or
5 following the item.
6     When any public utility providing water or sewer service
7 proposes any change in any rate or other charge, or
8 classification, or in any rule, regulation, practice, or
9 contract relating to or affecting any rate or other charge,
10 classification or service, or in any privilege or facility,
11 such utility shall, in addition to the other notice
12 requirements of this Act, provide notice of such change to all
13 customers potentially affected by including a notice and
14 description of such change, and of Commission procedures for
15 intervention, in the first bill sent to each such customer
16 after the filing of the proposed change.
17     (b) Whenever there shall be filed with the Commission any
18 schedule stating an individual or joint rate or other charge,
19 classification, contract, practice, rule or regulation, the
20 Commission shall have power, and it is hereby given authority,
21 either upon complaint or upon its own initiative without
22 complaint, at once, and if it so orders, without answer or
23 other formal pleadings by the interested public utility or
24 utilities, but upon reasonable notice, to enter upon a hearing
25 concerning the propriety of such rate or other charge,
26 classification, contract, practice, rule or regulation, and

 

 

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1 pending the hearing and decision thereon, such rate or other
2 charge, classification, contract, practice, rule or regulation
3 shall not go into effect. The period of suspension of such rate
4 or other charge, classification, contract, practice, rule or
5 regulation shall not extend more than 105 days beyond the time
6 when such rate or other charge, classification, contract,
7 practice, rule or regulation would otherwise go into effect
8 unless the Commission, in its discretion, extends the period of
9 suspension for a further period not exceeding 6 months.
10     All rates or other charges, classifications, contracts,
11 practices, rules or regulations not so suspended shall, on the
12 expiration of 45 days from the time of filing the same with the
13 Commission, or of such lesser time as the Commission may grant,
14 go into effect and be the established and effective rates or
15 other charges, classifications, contracts, practices, rules
16 and regulations, subject to the power of the Commission, after
17 a hearing had on its own motion or upon complaint, as herein
18 provided, to alter or modify the same.
19     Within 30 days after such changes have been authorized by
20 the Commission, copies of the new or revised schedules shall be
21 posted or filed in accordance with the terms of Section 9-103
22 of this Act, in such a manner that all changes shall be plainly
23 indicated.
24     (c) If the Commission enters upon a hearing concerning the
25 propriety of any proposed rate or other charge, classification,
26 contract, practice, rule or regulation, the Commission shall

 

 

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1 establish the rates or other charges, classifications,
2 contracts, practices, rules or regulations proposed, in whole
3 or in part, or others in lieu thereof, which it shall find to
4 be just and reasonable. In such hearing, the burden of proof to
5 establish the justness and reasonableness of the proposed rates
6 or other charges, classifications, contracts, practices, rules
7 or regulations, in whole and in part, shall be upon the
8 utility. The Attorney General and any interested consumer
9 organizations, upon request, must be given the opportunity to
10 present oral arguments on the propriety of any proposed rate or
11 other charge, classification, contract, practice, rule, or
12 regulation at the hearing. No rate or other charge,
13 classification, contract, practice, rule or regulation shall
14 be found just and reasonable unless it is consistent with
15 Sections of this Article.
16 (Source: P.A. 84-617.)
 
17     (220 ILCS 5/10-102)  (from Ch. 111 2/3, par. 10-102)
18     Sec. 10-102. All meetings of the Commission shall be
19 conducted pursuant to the provisions of the Open Meetings Act.
20 Whenever the Commission, pursuant to such Act, closes any
21 meeting, or portion of any meeting, it shall arrange for all
22 discussions, deliberations and meetings so closed to be
23 transcribed verbatim by a stenographer, certified court
24 reporter, or similar means. The Commission shall review and
25 approve such transcripts within 30 days of the date of the

 

 

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1 closed meeting, and when, in its judgment, the exception of the
2 Open Meetings Act relied upon for authorizing the closing of
3 such meeting, as recorded pursuant to Section 2a of the Open
4 Meetings Act, is no longer applicable, such transcripts shall
5 be made available to the public. Any party to a Commission
6 proceeding shall be given access to the transcript of any
7 closed meeting pertaining to such proceeding prior to the
8 expiration of the time within which his application for
9 rehearing must be filed, upon the signing of an appropriate
10 protective agreement. For the purposes of this Section,
11 "meeting" includes any gathering, whether in person or by video
12 or audio conference, telephone call, electronic means (such as,
13 without limitation, electronic mail, electronic chat, and
14 instant messaging), or other means of contemporaneous
15 interactive communication, of one or more members of the
16 Illinois Commerce Commission and a representative of a public
17 utility held for the purpose of discussing public business.
18 (Source: P.A. 84-617.)