State of Illinois
91st General Assembly
Legislation

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91_SB1654

 
                                               LRB9109275JSpc

 1        AN  ACT  to  amend  the  Public Utilities Act by changing
 2    Section 2-101.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Public  Utilities  Act  is  amended by
 6    changing Section 2-101 as follows:

 7        (220 ILCS 5/2-101) (from Ch. 111 2/3, par. 2-101)
 8        Sec.  2-101.   Commerce  Commission  created.   There  is
 9    created an  Illinois  Commerce  Commission  consisting  of  5
10    members  not more than 3 of whom shall be members of the same
11    political party at the time  of  appointment.   The  Governor
12    shall  appoint the members of such Commission by and with the
13    advice and consent of the Senate.  In case of  a  vacancy  in
14    such  office  during  the  recess  of the Senate the Governor
15    shall make a temporary appointment until the next meeting  of
16    the  Senate,  when he shall nominate some person to fill such
17    office; and any person so nominated who is confirmed  by  the
18    Senate,  shall  hold  his  office during the remainder of the
19    term  and  until  his  successor  shall  be   appointed   and
20    qualified.  Each  member  of the Commission shall hold office
21    for a term of 5 years from the third Monday in January of the
22    year in which his predecessor's term expires.
23        Notwithstanding any provision  of  this  Section  to  the
24    contrary, the term of office of each member of the Commission
25    is terminated on the effective date of this amendatory Act of
26    1995,  but  the  incumbent members shall continue to exercise
27    all of the powers and be subject to  all  of  the  duties  of
28    members  of  the Commission until their respective successors
29    are  appointed  and  qualified.   Of  the  members  initially
30    appointed under the provisions  of  this  amendatory  Act  of
31    1995,  one  member  shall  be  appointed for a term of office
 
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 1    which shall expire on the third Monday of  January,  1997;  2
 2    members  shall  be  appointed for terms of office which shall
 3    expire on the third Monday of January, 1998; one member shall
 4    be appointed for a term of office which shall expire  on  the
 5    third  Monday  of  January,  1999;  and  one  member shall be
 6    appointed for a term of office  which  shall  expire  on  the
 7    third  Monday  of  January,  2000.  Each respective successor
 8    shall be appointed for a term  of  5  years  from  the  third
 9    Monday of January of the year in which his predecessor's term
10    expires  in  accordance  with  the  provisions  of  the first
11    paragraph of this Section.
12        Each member shall serve until his successor is  appointed
13    and  qualified,  except that if the Senate refuses to consent
14    to the appointment of any    member,  such  office  shall  be
15    deemed  vacant,  and  within  2  weeks of the date the Senate
16    refuses to consent to the reappointment of any  member,  such
17    member shall vacate such office. The Governor shall from time
18    to  time  designate the member of the Commission who shall be
19    its chairman. Consistent with the provisions of this Act, the
20    Chairman  shall  be  the  chief  executive  officer  of   the
21    Commission  for the purpose of ensuring that the Commission's
22    policies are properly executed.
23        If there is no vacancy on the Commission,  4  members  of
24    the   Commission   shall  constitute  a  quorum  to  transact
25    business; otherwise,  a  majority  of  the  Commission  shall
26    constitute  a quorum to transact business, and but no vacancy
27    shall impair the right  of  the  remaining  commissioners  to
28    exercise  all  of  the  powers  of the Commission.; and Every
29    finding, order or decision approved  by  a  majority  of  the
30    members  of the Commission shall be deemed to be the finding,
31    order or decision of the Commission.
32    (Source: P.A. 89-429, eff. 12-15-95.)

33        Section 99.  Effective date.  This Act takes effect  upon
 
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 1    becoming law.

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