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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 -2- LRB9109275JSpc 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, andbutno vacancy 27 shall impair the right of the remaining commissioners to 28 exercise all of the powers of the Commission.; andEvery 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 -3- LRB9109275JSpc 1 becoming law.