State of Illinois
90th General Assembly
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90_HB3150

      220 ILCS 5/6-103          from Ch. 111 2/3, par. 6-103
          Amends the Public Utilities Act.  Makes technical changes
      in a Section concerning mergers and consolidations.
                                                     LRB9010897JSmg
                                               LRB9010897JSmg
 1        AN ACT to amend the  Public  Utilities  Act  by  changing
 2    Section 6-103.
 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 6-103 as follows:
 7        (220 ILCS 5/6-103) (from Ch. 111 2/3, par. 6-103)
 8        Sec. 6-103. The capitalization of a public utility formed
 9    by  a  merger  or consolidation of 2 two or more corporations
10    shall be subject to the approval of the Commerce  Commission,
11    but  in  no  event  shall  the  Commerce Commission approve a
12    capitalization exceeding the sum of the capital stock of  the
13    corporations  so  consolidated, at the par value thereof, and
14    any additional sum actually paid in  cash  for  improvements;
15    nor   shall  any  contract  for  consolidation  or  lease  be
16    capitalized in the stock of  any  corporation  whatever;  nor
17    shall any corporation hereafter issue any bonds against or as
18    a  lien upon any contract for consolidation or merger. In any
19    reorganization of a public  utility,  resulting  from  forced
20    sale,  or  in any other manner, the amount of capitalization,
21    including therein  all  stocks  and  stock  certificates  and
22    bonds,  notes  and  other evidences of indebtedness, shall be
23    such as is authorized by the Commerce  Commission,  which  in
24    making  its determination, shall not exceed the fair value of
25    the  property  involved.  Issuance  of   stocks   and   stock
26    certificates,   and   bonds,  notes  or  other  evidences  of
27    indebtedness in connection with any consolidation, merger, or
28    reorganization shall be subject to all the terms of  Sections
29    6-101 and 6-102 of this Act.
30    (Source: P.A. 84-617.)

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