093_SB1963sam001

 










                                     LRB093 08529 LRD 14301 a

 1                    AMENDMENT TO SENATE BILL 1963

 2        AMENDMENT NO.     .  Amend Senate Bill 1963 by  replacing
 3    the title with the following:
 4        "AN ACT concerning consumer advocacy."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 1.  Short title.  This Act may be cited  as  the
 8    Consumer Advocate Act.

 9        Section  5.   Purpose.   The  purpose  of  this Act is to
10    promote the health, welfare, and prosperity of  all  citizens
11    of  this  State  by  (i)  ensuring  effective  and democratic
12    representation of consumers before all regulatory agencies of
13    all units of State and local government, (ii)  providing  for
14    consumer  education  on regulatory agencies of units of State
15    and local government, and (iii) utilizing any legal means  to
16    promote  and  protect  the rights of consumers.  Such purpose
17    shall be deemed a  public  interest  and  not  a  private  or
18    special  concern.  The policy of the General Assembly is that
19    it is in the public interest to authorize the  establishment,
20    through  the  exercise  of powers provided in this Act, of an
21    orderly procedure for developing and financing,  through  the
 
                            -2-      LRB093 08529 LRD 14301 a
 1    use  of  statutory  inserts  and residual, unclaimed funds in
 2    consumer class action suits pursuant  to  subsection  (b)  of
 3    Section 2-807 of the Code of Civil Procedure, the creation of
 4    the Illinois Consumer Advocate.

 5        Section 10.  Definitions.  As used in this Act:
 6        "Board"  means  the  board  of  directors of the Illinois
 7    Consumer Advocate.
 8        "Campaign contribution" means a gift, subscription, loan,
 9    advance, or deposit of money or anything of  value  made  for
10    the  purpose  of  electing  a  candidate  to  the  board or a
11    contract, promise, or agreement, express or implied,  whether
12    or   not   legally   enforceable,   to   make   any  campaign
13    contribution.  The  term  "campaign  contribution"  does  not
14    include the value of services provided  without  compensation
15    by  individuals  who volunteer a portion or all of their time
16    on behalf of a candidate or political committee or the use of
17    real or personal property and the cost of invitations,  food,
18    and  beverages  voluntarily  provided  by  an individual to a
19    candidate in rendering voluntary  personal  services  on  the
20    individual's   residential   premises  for  candidate-related
21    activities if the cumulative value of the activities  to  the
22    individual  on  behalf  of any candidate does not exceed $100
23    for any election.
24        "Campaign  expenditure"  means   a   purchase,   payment,
25    distribution,  loan,  advance,  deposit,  or gift of money or
26    anything  of  value  made  for  the  purpose  of  electing  a
27    candidate to the board or a contract, promise, or  agreement,
28    express  or  implied,  whether or not legally enforceable, to
29    make   any   campaign   expenditure.   The   term   "campaign
30    expenditure" does not include the use  of  real  or  personal
31    property  and  the  cost  of invitations, food, and beverages
32    voluntarily provided by  an  individual  to  a  candidate  in
33    rendering  voluntary  personal  services  on the individual's
 
                            -3-      LRB093 08529 LRD 14301 a
 1    residential premises for candidate-related activities if  the
 2    cumulative  value  of  the  activities  by  the individual on
 3    behalf  of  any  candidate  does  not  exceed  $100  for  any
 4    election.
 5        "Consumer" means any person who uses, purchases,  leases,
 6    or  acquires  any  real  or  personal  property,  tangible or
 7    intangible goods, services, or credit.
 8        "Consumer transaction" means a sale, offer for  sale,  or
 9    attempt  to sell goods or services for cash or credit and not
10    for resale in the ordinary course of business if  a  consumer
11    is a party.
12        "ICA" means the Illinois Consumer Advocate.
13        "ICA Director", "Board director", and "director" mean any
14    person  duly  elected  or  appointed to the Illinois Consumer
15    Advocate's board of directors pursuant to  this  Act,  except
16    where the context otherwise requires.
17        "Local  government" means any unit of local government in
18    this State, including but not limited to counties, townships,
19    and municipalities.
20        "Member" means any person who meets the requirements  for
21    membership in the ICA, as set forth in Section 15.
22        "Person" means any natural person who is over 18 years of
23    age.
24        "Political   committee"   means   any   committee,  club,
25    association, or other group of persons  that  makes  campaign
26    expenditures  or  receives  campaign contributions during the
27    year before an election of the board.
28        "Regulatory  agency"  means  any   governmental   office,
29    agency, department, or commission of the State of Illinois or
30    any  unit  of  local  government  that  regulates,  monitors,
31    directs,  or  governs  corporations,  financial  services, or
32    consumer transactions.
33        "Regulatory    proceeding"    means    any    rulemaking,
34    adjudication,  or  ancillary  proceeding  conducted  by   any
 
                            -4-      LRB093 08529 LRD 14301 a
 1    regulatory agency at the State or local level.
 2        "Statutory   insert"   means   any   digital  or  printed
 3    statement, card, or envelope and statement combination  or  a
 4    statement,   application,  and  preaddressed  business  reply
 5    envelope  used  by  the  ICA  to  solicit   information   and
 6    contributions or membership fees from consumers that explains
 7    the  purpose,  history, nature, activities, achievements, and
 8    membership criteria of the ICA.

 9        Section 15.  Illinois Consumer  Advocate;  formation  and
10    membership.
11        (a)  There is created a public body corporate and politic
12    to  be known as the Illinois Consumer Advocate. The ICA shall
13    be a nonprofit corporation, and shall not issue any shares of
14    stock or other securities or pay any dividends. The ICA shall
15    be subject to the provisions of this Act. The main office  of
16    the ICA shall be located in Chicago, Illinois.
17        (b)  The  ICA  shall  be  a private corporation and shall
18    not, for any purpose,  be  considered  to  be  a  department,
19    agency,  or  instrumentality  of  the  State  of Illinois. An
20    officer or employee of the ICA shall not, for  any  purposes,
21    be  considered  to  be an officer or employee of the State of
22    Illinois.
23        (c)  The ICA may establish local offices, as  needed,  in
24    any of the several counties of the State of Illinois.
25        (d)  Except  as  provided in this Act, the affairs of the
26    ICA shall be regulated as determined in  the  bylaws  of  the
27    ICA.
28        (e)  Any consumer who has submitted a membership form and
29    has  contributed  membership dues to the ICA in the preceding
30    12 months shall be member of the ICA.  A  member  may  resign
31    from membership at any time.
32        (f)  The ICA shall, at the request of any member, provide
33    a current list of members residing in the requesting member's
 
                            -5-      LRB093 08529 LRD 14301 a
 1    district.  Such  list  shall  include  the  names and current
 2    addresses of members within such district and may be used  by
 3    the  requesting  member only for the purpose of gathering the
 4    information required to secure a nomination to the ICA  board
 5    of directors as set out in Section 70.
 6        (g)  Notwithstanding  any  other provision of this Act or
 7    any other provisions of law, if  the  ICA  does  not  receive
 8    contributions  from at least 10,000 consumers located in this
 9    State within 3 years of the effective date of this  Act,  the
10    ICA shall be dissolved.
11        (h)  The  membership  of  the ICA shall consist solely of
12    individuals who:
13             (1)  are 18 years of age or older; and
14             (2)  have contributed the required annual membership
15        fee to the ICA.
16        (i)  Until the end of the 180-day period beginning on the
17    date  of  the  first  election  of  directors,   the   annual
18    membership  fee of the ICA shall be $5. After the end of that
19    180-day period,  the  ICA  may,  by  vote  of  the  board  of
20    directors,  alter  the  annual  membership  fee. The board of
21    directors shall  adopt  a  reduced  fee  structure,  offering
22    reduced-cost  membership  fees for low-income populations and
23    senior citizens.
24        (j)  The ICA shall not  make  any  contributions  to  any
25    political  candidate  or  party  or  to any national or State
26    political committee, as defined  in  Sections  9-1.7  through
27    9-1.9 of the Election Code, or participate in or intervene in
28    any  political  campaign on behalf of or in opposition to any
29    candidate for public office.

30        Section 20.  Board.
31        (a)  The  ICA  shall  be  managed  by,  and  its  powers,
32    functions, and duties shall be exercised through a  board  to
33    be composed as provided in this Section.
 
                            -6-      LRB093 08529 LRD 14301 a
 1        (b)  The  Illinois  Consumer  Advocate districts shall be
 2    divided into 2 groups for the purpose of  establishing  terms
 3    for  which  the Directors shall be elected in each group. One
 4    group shall be comprised of the even  numbered  Congressional
 5    Districts.  The  odd  numbered  Congressional Districts shall
 6    comprise the other group.
 7             (1)  The Interim Board, within  60  days  after  the
 8        appointment  of  all  of  its  members,  shall  meet  and
 9        publicly  by lot determine which group shall be the first
10        group and which group shall  be  the  second.  The  board
11        members or their successors from the first group shall be
12        elected  for  successive terms of 2 years, 2 years, and 4
13        years; and members or their successors  from  the  second
14        group shall be elected for successive terms of 4 years, 2
15        years, and 2 years.
16             (2)  The  first  election  of directors of the board
17        shall be held no later than April  30,  2004.  Subsequent
18        elections  of  directors  of  the  board shall be held on
19        March 31 of each election year. If March 31  falls  on  a
20        weekend  or holiday, the election shall occur on the next
21        business day following March 31.
22             (3)  Interim and elected board members  shall  serve
23        until their successors are elected and have qualified.
24             (4)  In the year following each decennial census and
25        within  45  days  after  the  redistricted  Congressional
26        Districts  are  enacted,  the  board shall allocate terms
27        between the 2 groups of  districts  publicly  by  lot  as
28        provided   in  paragraph  (1).  Board  members  or  their
29        successors from the first  group  shall  be  elected  for
30        successive  terms  of  2 years, 4 years, and 4 years; and
31        members or their successors from the second  group  shall
32        be  elected for successive terms of 4 years, 4 years, and
33        2 years.
34        (c)  A director shall be a resident of the district he or
 
                            -7-      LRB093 08529 LRD 14301 a
 1    she represents and member of the ICA. No  person  who  is  an
 2    employee in any managerial or supervisory capacity, director,
 3    officer,  or agent or who is a member of the immediate family
 4    of any  such  employee  or  director  is  eligible  to  be  a
 5    director.  No  director may hold any elected public office in
 6    Illinois, be a candidate  for  any  Illinois  elected  public
 7    office,  be  a  State  public  official,  or be employed in a
 8    governmental position exempt from the Personnel Code.
 9        (d)  No director or member of his or her immediate family
10    shall,  either  directly  or  indirectly,  be  employed   for
11    compensation as a staff member or consultant of the ICA.
12        (e)  The  board shall hold regular meetings at least once
13    every 3 months on such dates and at such  places  as  it  may
14    determine. Special meetings may be called by the president or
15    by  a  majority of the directors upon at least 7 days advance
16    written notice. Unless otherwise provided in  the  bylaws,  a
17    majority of the board of directors shall constitute a quorum;
18    provided,  that  in  no  event shall a quorum consist of less
19    than one-third of the board  of  directors.  An  act  of  the
20    majority  of  the  directors  present at a meeting at which a
21    quorum is present shall be an act of the board of  directors,
22    unless the act of a greater number is required by this Act or
23    bylaws. A summary of the minutes of every board meeting shall
24    be  made  available  to each public library in the State upon
25    request and to individuals upon request.
26        (f)  A director may not receive any compensation for  his
27    or  her  services  but  shall  be  reimbursed  for  necessary
28    expenses,   including   travel   expenses,  incurred  in  the
29    discharge of  duties.  The  board  shall  establish  standard
30    allowances  for mileage, room, and meals and the purposes for
31    which such allowances may be made  and  shall  determine  the
32    reasonableness  and  necessity  for  such reimbursements. The
33    board shall include the schedule of such standard  allowances
34    in its annual report.
 
                            -8-      LRB093 08529 LRD 14301 a
 1        (g)  Directors  and  employees eligible to disburse funds
 2    shall be bonded. The ICA shall pay the costs of such bonds.

 3        Section 25.  Duties of directors. The  board  shall  have
 4    the following duties:
 5             (1)  To  establish  the  policy of the ICA regarding
 6        appearances  before  regulatory   agencies,   legislative
 7        bodies,  and other public authorities and regarding other
 8        activities that the ICA  has  the  authority  to  perform
 9        under this Act.
10             (2)  To  employ an executive director who shall have
11        the following powers and duties, subject at all times  to
12        the direction and supervision of the board:
13                  (A)  To implement the policy established by the
14             board under item (1).
15                  (B)  To  employ  and discharge employees of the
16             ICA.
17                  (C)  To supervise the offices, facilities,  and
18             work of the employees of the ICA.
19                  (D)  To have custody of and maintain the books,
20             records,  and membership rolls of the ICA under this
21             Act.
22                  (E)  To prepare and submit to the board  annual
23             and   quarterly  statements  of  the  financial  and
24             substantive operations  of  the  ICA  and  financial
25             estimates for the future operations of the ICA.
26                  (F)  To  attend  and participate in meetings of
27             the board, but without a vote.
28                  (G)  To file annually with the board a  current
29             financial  statement  that  includes the information
30             required under Section 70.
31                  (H)  To  exercise  such  other  powers  and  to
32             perform such other duties as the board delegates.
33             (3)  To hold an annual meeting of the membership  on
 
                            -9-      LRB093 08529 LRD 14301 a
 1        a  date  and at a place within the State to be determined
 2        by the board under Section 45.
 3             (4)  To assure preparation of:
 4                  (A)  Up-to-date membership rolls.
 5                  (B)  Quarterly statements of the financial  and
 6             substantive operations of the ICA.
 7                  (C)  An  audit of the ICA's books at least once
 8             each fiscal year. The audit shall be by a  certified
 9             public accountant.
10                  (D)  An  annual  report  of the ICA's financial
11             and substantive operations. The  ICA  shall  prepare
12             the report at the close of the fiscal year and shall
13             make the report available to each of its members and
14             to  members  of  the  news  media who request it. It
15             shall also make the report available to each library
16             in the State that requests  it  and  to  individuals
17             upon request.
18             (5)  To establish and make available to the public a
19        written  policy  on  the availability and distribution of
20        all records required to be kept by  the  ICA  under  this
21        Act.
22             (6)  To    prepare   membership   applications   and
23        distribute such applications in sufficient amounts or  in
24        machine copyable form to every library system, as defined
25        in Section 2 of The Illinois Library System Act, so as to
26        allow such library systems to distribute the applications
27        to  all  of  the  public  libraries throughout the State,
28        wherefrom consumers may obtain the applications to submit
29        to the ICA, with annual dues, for membership.
30             (7)  To   carry   out   all   other    duties    and
31        responsibilities imposed upon the ICA and the board under
32        this Act.

33        Section  30.  Director  statement  of financial interest.
 
                            -10-     LRB093 08529 LRD 14301 a
 1    Every director shall file annually with the board  a  current
 2    financial  statement, which includes the information required
 3    under Section 70.

 4        Section    35.  Executive    director:    qualifications;
 5    appointment.
 6        (a)  The executive director  hired  by  the  board  under
 7    Section  25  shall have the same qualifications as a director
 8    under Section 70, except that the executive director need not
 9    be a resident of this State or  a  member  of  the  ICA.  The
10    executive  director may not be a candidate for director while
11    serving as executive director.
12        (b)  To hire the executive director under Section 25, the
13    board shall adhere to any applicable State and  federal  laws
14    prohibiting discrimination in employment.
15        (c)  The  board  shall  require  all  applicants  for the
16    position of executive director of the ICA to file a financial
17    statement, which  includes  the  information  required  under
18    Section 70. The board shall require the executive director to
19    file a current statement annually.

20        Section 40.  Annual membership meeting. All members shall
21    be eligible to attend, participate in, and vote in the annual
22    membership  meeting  called  by  the  board under item (3) of
23    Section 25. The meeting shall be open to the public and shall
24    be held in different districts on a rotating basis. Each year
25    a meeting shall be  held  in  each  board  district  for  the
26    members  of  that district. Such members shall receive notice
27    of that meeting at least 14 days in advance.

28        Section 45.  Authorization of appropriations. There is to
29    be appropriated, for the purpose  of  establishing  the  ICA,
30    $500,000  for  the fiscal year ending one year after the date
31    of enactment of this Act.
 
                            -11-     LRB093 08529 LRD 14301 a
 1        Section  50.  Contributions   and   funding;   prohibited
 2    practices.
 3        (a)  Notwithstanding  anything  to  the  contrary in this
 4    Act,  the  ICA  has  the  authority  to  solicit  and  accept
 5    contributions. Furthermore, the ICA is authorized  to  accept
 6    funds pursuant to subsection (b) of Section 2-807 of the Code
 7    of Civil Procedure.
 8        (b)  Notwithstanding  subsection (a), no person may offer
 9    or give anything of monetary value to any director, employee,
10    or agent of the ICA if the gift or offer  influences,  or  is
11    intended   to  influence,  the  action  or  judgment  of  the
12    director, employee, or  agent  of  the  ICA  in  his  or  her
13    capacity as director, employee, or agent of the ICA.
14        (c)  No  director,  employee,  or  agent  of  the ICA may
15    solicit or accept anything of monetary value from any  person
16    if  the solicitation or acceptance influences, or is intended
17    to  influence,  the  official  action  or  judgment  of   the
18    director,  employee,  or  agent  in  his  or  her capacity as
19    director, employee, or agent of the ICA.
20        (d)  Any person who knowingly and willfully violates this
21    Section may be fined not more  than  $1,000,  imprisoned  not
22    more than 6 months, or both.
23        (e)  The  board  shall  remove  from  office any director
24    convicted under this Section and shall fill such office.

25        Section 55.  Duties and powers of the ICA.
26        (a)  In addition to other duties imposed under this  Act,
27    the ICA has the duty:
28             (1)  to  inform, educate, and advise consumers about
29        the actions of entities subject to this Act;
30             (2)  to  represent  and  promote  the  interests  of
31        consumers collectively, and when necessary, to  negotiate
32        on  behalf  of  consumers  with entities subject  to this
33        Act;
 
                            -12-     LRB093 08529 LRD 14301 a
 1             (3)  to establish the policy of  the  ICA  regarding
 2        appearances   before   regulatory  agencies,  legislative
 3        bodies, and other public authorities and regarding  other
 4        activities  that  the  ICA  has the authority to do under
 5        this Act;
 6             (4)  to  take  affirmative  actions   to   encourage
 7        membership by low-income and moderate-income and minority
 8        consumers  and  to  disseminate information and advice to
 9        consumers;
10             (5)  to inform, insofar as possible, consumers about
11        the  mission  and  purpose  of  the  ICA  including   the
12        procedures necessary to become a member of the ICA;
13             (6)  to  monitor  the  availability  and  quality of
14        financial  or  shareholder  services  to  low-income  and
15        moderate-income constituencies and the elderly; and
16             (7)  to develop data to assist consumers  in  making
17        informed decisions in the marketplace.
18        (b)  In  addition  to  the  rights,  duties,  and  powers
19    provided  by other provisions of this Act, the ICA shall have
20    all the powers necessary  or  convenient  for  the  effective
21    representation  and  protection of the interests of consumers
22    and to implement this Act, including the following powers  in
23    addition to all other powers granted by this Act.
24             (1)  To make, amend, and repeal bylaws and rules for
25        the  regulation  of  its  affairs  and the conduct of its
26        business; to adopt an official seal and alter it  at  its
27        pleasure;  to  maintain  an office; to sue and be sued in
28        its own name; plead and be impleaded;  and  to  make  and
29        execute  contracts  and  other  instruments  necessary or
30        convenient to the exercise of the powers of the ICA.
31             (2)  To employ such agents, employees,  and  special
32        advisors   as   it  finds  necessary  and  to  fix  their
33        compensation.
34             (3)  To  initiate  or  intervene  as  a   party   or
 
                            -13-     LRB093 08529 LRD 14301 a
 1        otherwise  participate  on  behalf  of  consumers  in any
 2        proceeding that the ICA reasonably determines affects the
 3        interests of consumers.
 4             (4)  To represent the interests of consumers  before
 5        regulatory  agencies,  legislative bodies, courts of law,
 6        and other public forums.
 7             (5)  To sue  on  behalf  of  any  member,  group  of
 8        members,  or  all  members for judicial relief, including
 9        damages, in any court of competent jurisdiction in regard
10        to any matter that the ICA reasonably determines  affects
11        the interests of consumers.
12             (6)  To  represent  the  interests  of corporations,
13        unincorporated  businesses,   and   associations   before
14        regulatory  agencies,  legislative bodies, courts of law,
15        and other public forums where such representation  is  in
16        the interests of consumers.
17             (7)  To   conduct,  support,  and  assist  research,
18        surveys, and investigations in matters the ICA reasonably
19        determines affect the interests of consumers.
20             (8)  To  contract  for  services  that   cannot   be
21        reasonably performed by the ICA's own employees.
22             (9)  To establish annual dues, which shall be set at
23        a   level   that  provides  sufficient  funding  for  the
24        corporation to effectively perform its powers and  duties
25        and is affordable for as many consumers as is possible.
26             (10)  To  implement solicitation for ICA funding and
27        membership.
28             (11)  To seek  tax-exempt  status  under  State  and
29        federal  law, including 501(c)(3) status under the United
30        States Internal Revenue Code.
31        (c)  The ICA shall, to the extent  consistent  with  this
32    Act, have all the rights and powers generally accorded to and
33    be   subject  to  duties  generally  imposed  upon  nonprofit
34    corporations by the laws of this State.
 
                            -14-     LRB093 08529 LRD 14301 a
 1        (d)  The  ICA  shall  be  deemed  to  have  an   interest
 2    sufficient  to  obtain  judicial review or enforcement in any
 3    court of competent jurisdiction of any regulatory decision or
 4    other regulatory action that the  ICA  reasonably  determines
 5    may affect the interests of consumers.
 6        (e)  The  ICA  shall  make available to the public any of
 7    the following documents prepared or filed by the  ICA  within
 8    the  preceding  7  years:  minutes  of the board of directors
 9    meetings;  directors'  or  executive   directors'   financial
10    statements;  candidates statements; quarterly statements; and
11    annual reports of the ICA.

12        Section 60.  Statutory Inserts.
13        (a)  To accomplish its powers and  duties  under  Section
14    40,  the  ICA,  subject  to  the  following  limitations, may
15    prepare and furnish to any unit of State or local  government
16    or  subdivision  thereof ("governmental units"), an enclosure
17    to be included with a mailing by that unit.
18             (1)  A  governmental   unit,   furnished   with   an
19        enclosure, shall include the enclosure within the mailing
20        designated by the ICA.
21             (2)  An  enclosure  furnished  by the ICA under this
22        Section shall be provided  to  the  governmental  unit  a
23        reasonable period of time in advance of the mailing.
24             (3)  An  enclosure  furnished  by the ICA under this
25        Section shall be limited to informing the reader  of  the
26        purpose,  nature,  and activities of the ICA as set forth
27        in this Act and informing the reader that he or  she  may
28        become  a  member  in the ICA, maintain membership in the
29        ICA, and contribute money to the ICA directly.
30        (b)  The ICA shall reimburse each governmental  unit  for
31    all reasonable incremental costs incurred by the governmental
32    unit  in  complying  with  this  Section  in  addition to the
33    governmental  unit's  normal  mailing  and  handling   costs,
 
                            -15-     LRB093 08529 LRD 14301 a
 1    provided that:
 2             (1)  the  governmental  unit  furnishes  the  ICA in
 3        advance with an itemized accounting  of  such  additional
 4        cost; and
 5             (2)  the  ICA  is  not  required  to  reimburse  the
 6        governmental  unit for postage costs if the weight of the
 7        ICA's enclosure does not exceed 0.35 ounces. If the ICA's
 8        enclosure exceeds that weight,  then  it  shall  only  be
 9        required  to  reimburse the governmental unit for postage
10        cost over and above what the governmental unit's  postage
11        cost  would have been had the enclosure weighed only 0.35
12        ounces.

13        Section 65.  Appointment of interim board of directors.
14        (a)  Within 90 days after the effective date of this Act,
15    an interim board of directors shall be appointed.  The  Board
16    shall  consist  of  11  members. The Governor shall appoint 3
17    members. The President of the  Senate,  the  Speaker  of  the
18    House,  the  Minority  Leader of the Senate, and the Minority
19    Leader of  the  House  shall  each  appoint  2  members.  The
20    appointees  shall  reflect the geographical diversity of this
21    State and shall include representation from minority  groups,
22    low-income persons, labor organizations, business, women, and
23    senior  citizens.  No  interim  director appointed under this
24    Section may hold an elective position, be a candidate for any
25    elective position, or be a State public official.
26        (b)  The  interim  board  appointed  under  this  Section
27    shall:
28             (1)  As soon as possible after appointment, organize
29        for the transaction of business.
30             (2)  Inform the  consumers  of  this  State  of  the
31        existence, nature, and purposes of the ICA, and encourage
32        consumers  to  join  the ICA, to participate in the ICA's
33        activities, and to contribute to the ICA.
 
                            -16-     LRB093 08529 LRD 14301 a
 1             (3)  Establish annual dues to  be  in  effect  until
 2        such  time  as  an  elected  board  assumes  the  duty as
 3        provided in Section 55.
 4             (4)  Elect officers as provided under Section 70.
 5             (5)  Employ such staff as the interim directors deem
 6        necessary to carry out the purposes of this Section.  The
 7        interim  board  appointed under this Section shall follow
 8        the procedures required under this Act  if  it  hires  an
 9        executive director of the ICA.
10             (6)  Make  all  necessary preparations for the first
11        election of directors, oversee the election campaign, and
12        tally the votes under Section 70.
13             (7)  Solicit funds for the ICA.
14             (8)  Carry out all other  duties  and  exercise  all
15        other  powers  accorded  to  the  board  under  this  Act
16        including the powers given to the ICA under Section 60.

17        Section 70.  Board membership; eligibility.
18        (a)  To   be  eligible  for  election  to  the  board,  a
19    candidate must:
20             (1)  Meet the  qualifications  for  directors  under
21        Section 20.
22             (2)  Submit  to  the  board a statement of financial
23        interests and a  statement  of  personal  background  and
24        positions.
25             (3)  Make   the   affirmation   under  item  (5)  of
26        subsection (b).
27             (4)  File a statement of candidacy with the Board.
28        (b)  A candidate for election to the board  shall  submit
29    to the board, not later than 60 days prior to the election, a
30    statement  of financial interests upon a form provided by the
31    board. The statement of financial interests shall include the
32    following information:
33             (1)  The occupation, employer, and position  at  the
 
                            -17-     LRB093 08529 LRD 14301 a
 1        place  of  employment  of the candidate and of his or her
 2        immediate family members.
 3             (2)  A list of all corporate directorships or  other
 4        offices  and  of  all fiduciary relationships held in the
 5        past 3 years by the candidate and by his or her immediate
 6        family members.
 7             (3)  The name of any creditor to whom the  candidate
 8        or  a  member  of  the  candidate's immediate family owes
 9        $10,000 or more.
10             (4)  The  name  of  any  corporation  in  which  the
11        candidate holds a security, the current market  value  of
12        which is $5,000 or more.
13             (5)  An  affirmation, subject to penalty of perjury,
14        that  the  information  contained  in  the  statement  of
15        financial interests, is true and complete.
16        (c)  A candidate for election to the board  shall  submit
17    to  the  board, not later than 60 days prior to the election,
18    on a form to be provided by the board, a statement concerning
19    his or  her  personal  background  and  positions  on  issues
20    relating  to  the  operations of the ICA. The statement shall
21    contain an affirmation, subject to penalty of  perjury,  that
22    the   candidate   meets  the  qualifications  prescribed  for
23    directors in Section 20.
24        (d)  Candidates  shall  be  subject  to   the   following
25    restrictions:
26             (1)  No  candidate  may  accept  more  than  $200 in
27        campaign  contributions  from  any  person  or  political
28        committee from one year before the date  of  an  election
29        through the date of the election.
30             (2)  Each  candidate for election to the board shall
31        keep complete records of all contributions to his or  her
32        campaign  of $25 of more from one year before the date of
33        an election through the date of the election and, at  the
34        board's  request,  shall  make such records available for
 
                            -18-     LRB093 08529 LRD 14301 a
 1        inspection by the board.
 2             (3)  As a condition of receiving the benefits of the
 3        board's mailing under subsection  (e),  a  candidate  for
 4        election  to the board shall agree in writing to incur no
 5        more than $2,500 in campaign expenditures from  the  time
 6        he   or   she  commences  circulation  of  petitions  for
 7        nomination or  from  4  months  prior  to  the  election,
 8        whichever is earlier, through the date of the election.
 9             (4)  Each  candidate for election to the board shall
10        keep complete records of his or her campaign expenditures
11        and, at the board's  request,  shall  make  such  records
12        available for inspection by the board.
13             (5)  No  earlier  than  14  days and no later than 8
14        days preceding the election and no earlier than  21  days
15        and  no  later  than  30  days  after  the election, each
16        candidate for election to the board shall submit  to  the
17        board,  on  a  form  provided  by  the board, an accurate
18        statement of his or her campaign contributions,  swearing
19        that  he  or she has fully complied with the requirements
20        of this subsection.
21             (6)  No candidate for election to the board may  use
22        any  campaign  contribution  for  any  purpose except for
23        campaign  expenditures.  Any  campaign  contribution  not
24        expended shall be donated, no later than  90  days  after
25        the   election,   to   the   ICA  or  to  any  charitable
26        organization at the option of the candidate.
27        (e)  The board shall mail or distribute to each  member's
28    address  on  file  with  the  ICA, not sooner than 30 and not
29    later than 10 days before the date fixed for the election:
30             (1)  An official ballot listing all  candidates  for
31        director  from  the  member's  district  who  satisfy the
32        requirements of subsection (a). The board  shall  include
33        with  the  ballot each candidate's statement of financial
34        interests submitted under subsection (b).
 
                            -19-     LRB093 08529 LRD 14301 a
 1             (2)  The statement by each candidate for election to
 2        the  board  of  personal  background  and  positions   as
 3        required  under  subsection  (c),  if  the  candidate has
 4        agreed  in  writing  to  limit  his   or   her   campaign
 5        expenditures under item (3) of subsection (d).
 6        (f)  Each  member  may  vote in the election by returning
 7    his or her official ballot in person or by first class  mail,
 8    properly  marked, to the ballot return location designated by
 9    the ICA. Ballots returned to the location designated  by  the
10    ICA  must  be  postmarked on or before the date fixed for the
11    election or must be received at the  ballot  return  location
12    designated  by  the  ICA  on or before the date fixed for the
13    election. Voting shall be by secret ballot.
14        (g)  The board shall  tally  votes  with  all  reasonable
15    speed  and  shall inform the membership promptly of the names
16    of the candidates elected.
17        (h)  For each district the board shall certify, within 30
18    days of the election, the candidate elected to the  board  if
19    the candidate has the most votes in the district and if he or
20    she has complied with this Section.
21        (i)  If   a  vacancy  in  nomination  occurs  because  no
22    candidate has filed a statement of candidacy, the board, by a
23    majority of those voting, shall appoint a member of  the  ICA
24    who  resides  in  the district where the vacancy exists to be
25    the candidate.
26        (j)  If the candidate with the most votes dies,  declines
27    to  serve, or resigns from candidacy prior to being certified
28    under  subsection  (h),  or  for  any  other  reason  is  not
29    certified under subsection (h),  the  office  for  which  the
30    candidate  ran  shall  be  vacant  and shall be filled by the
31    board as provided in this Act.
32        (k)  If a vacancy on the Board occurs with more  than  12
33    months  remaining in the term, the Board shall set a date for
34    a special election  for  the  district  for  the  purpose  of
 
                            -20-     LRB093 08529 LRD 14301 a
 1    electing  a  director  to  serve  out  the term of the vacant
 2    office and shall so notify every member in the district.  The
 3    election may not be less than 2 months nor more than 4 months
 4    after such notification. An election under this Section shall
 5    be  conducted  in  the  same  manner  as  other  elections of
 6    directors are conducted. The seat shall remain vacant  if  12
 7    months or less remain in the term.
 8        (l)  The  board  may  prescribe  rules for the conduct of
 9    elections and election campaigns not inconsistent  with  this
10    Act.

11        Section  75.  Expenses.  All expenses of the ICA incurred
12    in carrying out this Act shall be  payable  solely  from  the
13    funding  as  provided  under this Act and no liability may be
14    incurred by the ICA beyond the extent to  which  moneys  have
15    been provided under this Act except that, for the purposes of
16    meeting  the  necessary  expenses  of  postage, preparing and
17    printing the enclosure, initial organization and operation of
18    the ICA for the period commencing on the  effective  date  of
19    this Act and continuing until the first election of the board
20    of  directors under Section 70, the ICA or any individual may
21    borrow such moneys as it requires, including moneys that  may
22    be loaned by the Department of Commerce and Community Affairs
23    or  its  successor  agency  from  funds appropriated for that
24    purpose by law. Such  moneys  borrowed  by  the  ICA  or  any
25    individual  shall  subsequently  be  repaid  with appropriate
26    interest over a reasonable period of time. Loans made by  the
27    Department  of Commerce and Community Affairs shall be repaid
28    within 24 months from the date the loan is made.

29        Section 80.  Dissolution. The  ICA  may  dissolve  or  be
30    dissolved under the General Not for Profit Corporation Act of
31    1986.
 
                            -21-     LRB093 08529 LRD 14301 a
 1        Section 85.  No conflict with the Citizens Utility Board.
 2    This Act does not authorize the ICA to represent consumers in
 3    matters  that  properly  fall  under  the jurisdiction of the
 4    Citizens Utility Board, as set out in  the  Citizens  Utility
 5    Board Act.

 6        Section 90.  Construction.
 7        (a)  This  Act,  being  necessary  for the welfare of the
 8    State and its inhabitants, shall be  liberally  construed  to
 9    give effect to its purposes.
10        (b)  Nothing  in this Act shall be construed to limit the
11    right of any person to initiate, intervene in,  or  otherwise
12    participate  in  any  regulatory  agency  proceeding or court
13    action, nor to require any petition or  notification  to  the
14    ICA  as  a condition precedent to the exercise of such right,
15    nor  to  relieve  any  regulatory  agency  or  court  of  any
16    obligation,  nor  to  affect   its   discretion   to   permit
17    intervention or participation by any person in any proceeding
18    or action.".