Sen. Gary Forby
Filed: 4/30/2009
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1 | AMENDMENT TO HOUSE BILL 3217
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2 | AMENDMENT NO. ______. Amend House Bill 3217 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Public Utilities Act is amended by changing | ||||||
5 | Section 2-101 as follows:
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6 | (220 ILCS 5/2-101) (from Ch. 111 2/3, par. 2-101)
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7 | Sec. 2-101. Commerce Commission created. There is created | ||||||
8 | an Illinois
Commerce Commission consisting of 5 members not | ||||||
9 | more than 3 of whom shall be
members of the same political
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10 | party at the time of appointment. The Governor shall appoint | ||||||
11 | the members
of such Commission by and with the advice and | ||||||
12 | consent of the Senate. In
case of a vacancy in such office | ||||||
13 | during the recess of the Senate the Governor
shall make a | ||||||
14 | temporary appointment until the next meeting of the Senate,
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15 | when he shall nominate some person to fill such office; and any
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16 | person so nominated who is confirmed by the Senate, shall hold |
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1 | his office
during the remainder of the term and until his | ||||||
2 | successor shall be appointed
and qualified. Each member of the | ||||||
3 | Commission shall hold office for a term
of 5 years from the | ||||||
4 | third Monday in January of the year in which his
predecessor's | ||||||
5 | term expires.
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6 | Notwithstanding any provision of this Section to the | ||||||
7 | contrary, the term of
office of each member of the Commission | ||||||
8 | is terminated on the effective date of
this amendatory Act of | ||||||
9 | 1995, but the incumbent members
shall continue to exercise all | ||||||
10 | of the powers and be subject to all of the
duties of members of | ||||||
11 | the Commission until their respective successors are
appointed | ||||||
12 | and qualified. Of the members initially appointed under the
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13 | provisions of this amendatory Act of 1995, one member shall be | ||||||
14 | appointed for a
term of office which shall expire on the third | ||||||
15 | Monday of January, 1997; 2
members shall be appointed for terms | ||||||
16 | of office which shall expire on the third
Monday of January, | ||||||
17 | 1998; one member shall be appointed for a term of office
which | ||||||
18 | shall expire on the third Monday of January, 1999; and one | ||||||
19 | member shall
be appointed for a term of office which shall | ||||||
20 | expire on the third Monday of
January, 2000. Each respective | ||||||
21 | successor shall be appointed for a term of
5 years from the | ||||||
22 | third Monday of January of the year in which his
predecessor's | ||||||
23 | term expires in accordance with the provisions of the first
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24 | paragraph of this Section.
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25 | Each member shall serve until his successor is appointed | ||||||
26 | and qualified,
except that if the Senate refuses to consent to |
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1 | the appointment of any
member, such office shall be deemed | ||||||
2 | vacant, and within 2 weeks of the date
the Senate refuses to | ||||||
3 | consent to the reappointment of any member, such
member shall | ||||||
4 | vacate such office. The Governor shall from time to time
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5 | designate the member of the Commission who shall be its | ||||||
6 | chairman.
Consistent with the provisions of this Act, the | ||||||
7 | Chairman shall be the chief
executive officer of the Commission | ||||||
8 | for the purpose of ensuring that the
Commission's policies are | ||||||
9 | properly executed.
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10 | If there is no vacancy on the Commission, 4 members of the | ||||||
11 | Commission shall
constitute a quorum to transact business; | ||||||
12 | otherwise, a majority of the
Commission shall constitute a | ||||||
13 | quorum to transact business,
and no vacancy shall impair the | ||||||
14 | right of the remaining
commissioners to
exercise all of the | ||||||
15 | powers of the Commission. Every finding,
order, or
decision | ||||||
16 | approved by a majority of the members of the Commission shall | ||||||
17 | be
deemed to be the finding, order, or decision of the | ||||||
18 | Commission. | ||||||
19 | Any vacancies that are filled after the effective date of | ||||||
20 | this
amendatory Act of the 96th General Assembly must ensure | ||||||
21 | that at
all times, there are at least 2 members who reside in | ||||||
22 | areas served by an
electric utility that serves more than | ||||||
23 | 100,000 customers but fewer
than 2 million customers in this | ||||||
24 | State.
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25 | (Source: P.A. 92-22, eff. 6-30-01.)
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
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