State of Illinois
92nd General Assembly
Legislation

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92_HB2141

 
                                               LRB9206459JSpc

 1        AN ACT in relation to public utilities.

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

 4        Section  5.  The  Public  Utilities  Act  is  amended  by
 5    changing Section 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
 8    created an Illinois Commerce Commission  consisting  of  7  5
 9    members  not  more  than  4 3 of whom shall be members of the
10    same political party at  the  time  of  appointment.   The  2
11    members  and  their successors appointed under the provisions
12    of this amendatory Act of the 92nd General Assembly  must  be
13    appointed  to  represent the interests of consumers of public
14    utility services.  The Governor shall appoint the members  of
15    such  Commission  by  and  with the advice and consent of the
16    Senate.  In case of a  vacancy  in  such  office  during  the
17    recess  of  the  Senate  the  Governor shall make a temporary
18    appointment until the next meeting of  the  Senate,  when  he
19    shall  nominate  some  person  to  fill  such office; and any
20    person so nominated who is confirmed  by  the  Senate,  shall
21    hold  his  office  during the remainder of the term and until
22    his successor shall be appointed and qualified.  Each  member
23    of  the  Commission  shall  hold office for a term of 5 years
24    from the third Monday in January of the  year  in  which  his
25    predecessor's term expires.
26        Notwithstanding  any  provision  of  this  Section to the
27    contrary, the term of office of each member of the Commission
28    is terminated on the effective date of this amendatory Act of
29    1995, but the incumbent members shall  continue  to  exercise
30    all  of  the  powers  and  be subject to all of the duties of
31    members of the Commission until their  respective  successors
 
                            -2-                LRB9206459JSpc
 1    are  appointed  and  qualified.   Of  the  members  initially
 2    appointed  under  the  provisions  of  this amendatory Act of
 3    1995, one member shall be appointed  for  a  term  of  office
 4    which  shall  expire  on the third Monday of January, 1997; 2
 5    members shall be appointed for terms of  office  which  shall
 6    expire on the third Monday of January, 1998; one member shall
 7    be  appointed  for a term of office which shall expire on the
 8    third Monday of  January,  1999;  and  one  member  shall  be
 9    appointed  for  a  term  of  office which shall expire on the
10    third Monday of January,  2000.   Of  the  members  initially
11    appointed  under the provisions of this amendatory Act of the
12    92nd General Assembly, one member shall be  appointed  for  a
13    term that expires on the third Monday of January 2006 and one
14    member  shall  be  appointed  for  a term that expires on the
15    third Monday of  January  2007.   Each  respective  successor
16    shall  be  appointed  for  a  term  of 5 years from the third
17    Monday of January of the year in which his predecessor's term
18    expires in  accordance  with  the  provisions  of  the  first
19    paragraph of this Section.
20        Each  member shall serve until his successor is appointed
21    and qualified, except that if the Senate refuses  to  consent
22    to  the  appointment  of  any    member, such office shall be
23    deemed vacant, and within 2 weeks  of  the  date  the  Senate
24    refuses  to  consent to the reappointment of any member, such
25    member shall vacate such office. The Governor shall from time
26    to time designate the member of the Commission who  shall  be
27    its chairman. Consistent with the provisions of this Act, the
28    Chairman   shall  be  the  chief  executive  officer  of  the
29    Commission for the purpose of ensuring that the  Commission's
30    policies are properly executed.
31        A majority of the Commission shall constitute a quorum to
32    transact  business,  but no vacancy shall impair the right of
33    the remaining commissioners to exercise all of the powers  of
34    the Commission; and every finding, order or decision approved
 
                            -3-                LRB9206459JSpc
 1    by  a  majority  of  the  members  of the Commission shall be
 2    deemed  to  be  the  finding,  order  or  decision   of   the
 3    Commission.
 4    (Source: P.A. 89-429, eff. 12-15-95.)

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