Full Text of HB1465 95th General Assembly
HB1465 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1465
Introduced 2/21/2007, by Rep. Eddie Washington SYNOPSIS AS INTRODUCED: |
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220 ILCS 10/2 |
from Ch. 111 2/3, par. 902 |
220 ILCS 10/3 |
from Ch. 111 2/3, par. 903 |
220 ILCS 10/4 |
from Ch. 111 2/3, par. 904 |
220 ILCS 10/5 |
from Ch. 111 2/3, par. 905 |
220 ILCS 10/6 |
from Ch. 111 2/3, par. 906 |
220 ILCS 10/10 |
from Ch. 111 2/3, par. 910 |
220 ILCS 10/11 |
from Ch. 111 2/3, par. 911 |
220 ILCS 10/12 |
from Ch. 111 2/3, par. 912 |
220 ILCS 10/20 |
from Ch. 111 2/3, par. 920 |
220 ILCS 10/21 |
from Ch. 111 2/3, par. 921 |
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Amends the Citizens Utility Board Act. Provides that the Citizens Utility Board shall represent and protect the interests of the residential utility and cable television customers (now, just residential utility customers) of this State. Makes corresponding changes.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY |
FISCAL NOTE ACT MAY APPLY |
HOME RULE NOTE ACT MAY APPLY |
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A BILL FOR
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HB1465 |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Citizens Utility Board Act is amended by | 5 |
| changing Sections 2, 3, 4, 5, 6, 10, 11, 12, 20, and 21 as | 6 |
| follows:
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| (220 ILCS 10/2) (from Ch. 111 2/3, par. 902)
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| Sec. 2. Purpose. The purpose of this Act is to promote the | 9 |
| health, welfare
and prosperity of all the citizens of this | 10 |
| State by ensuring effective and
democratic representation of | 11 |
| utility consumers before the Illinois Commerce
Commission, the | 12 |
| Federal Energy Regulatory Commission, the Federal | 13 |
| Communications
Commission, the courts, and other public bodies | 14 |
| and by providing for consumer
education on utility service and | 15 |
| cable television prices and on benefits and methods of energy | 16 |
| conservation.
Such purpose shall be deemed a statewide interest | 17 |
| and not a private or special concern.
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| (Source: P.A. 83-945.)
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| (220 ILCS 10/3) (from Ch. 111 2/3, par. 903)
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| Sec. 3. Definitions. As used in this Act: (1) "Board" means | 21 |
| the board
of directors of the corporation.
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| (2) "Campaign contribution" means a gift, subscription, |
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| loan, advance
or deposit of money or anything of value, made | 2 |
| for the purpose of electing
a candidate to the board; or a | 3 |
| contract, a promise or agreement, express or
implied, whether | 4 |
| or not legally enforceable, to make any campaign contribution;
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| but does not include the value of services provided without | 6 |
| compensation
by individuals who volunteer a portion or all of | 7 |
| their time on behalf of
a candidate or political committee, or | 8 |
| the use of real or personal property
and the cost of | 9 |
| invitations, food and beverages, voluntarily provided by
an | 10 |
| individual to a candidate in rendering voluntary personal | 11 |
| services on
the individual's residential premises for | 12 |
| candidate-related activities if
the cumulative value of the | 13 |
| activities to the individual on behalf of any
candidate does | 14 |
| not exceed $100 for any election.
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| (3) "Campaign expenditures" means a purchase, payment | 16 |
| distribution, loan,
advance, deposit or gift of money or | 17 |
| anything of value, made for the purpose
of electing a candidate | 18 |
| to the board; or a contract, promise, or agreement,
express or | 19 |
| implied, whether or not legally enforceable, to make any | 20 |
| campaign
expenditure; but does not include the use of real or | 21 |
| personal property and
the cost of invitations, food and | 22 |
| beverages, voluntarily provided by an
individual to a candidate | 23 |
| in rendering voluntary personal services on the
individual's | 24 |
| residential premises for candidate-related activities if the
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| cumulative value of the activities by the individual on behalf | 26 |
| of any candidate
does not exceed $100 for any election.
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| (4) "Class A utility" means any gas, electric or water | 2 |
| public utility
with annual total gross operating revenues of | 3 |
| $2.5 million or more or any
telephone public utility with | 4 |
| annual total gross operating revenues of
$1,600,000 or more on | 5 |
| the effective date of this Act.
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| (5) "Corporation" means the citizens utility board.
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| (6) "Director" means any member of the board.
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| (7) "District" means a corporation district, the | 9 |
| boundaries of which are
congruent with the boundaries of the | 10 |
| Congressional districts in the State.
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| (8) "Immediate family" of a person means the person's | 12 |
| spouse and legal dependents.
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| (9) "Member" means any person who satisfies the | 14 |
| requirements for membership
under Section 4.
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| (10) "Periodic customer billing" means a demand for payment | 16 |
| for utility
services by a public utility to a residential | 17 |
| utility consumer on a monthly
or other regular basis.
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| (11) "Political committee" means any committee, club, | 19 |
| association or
other group of persons which make campaign | 20 |
| expenditures or receive campaign
contributions during the year | 21 |
| before an election of the board.
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| (12) "Public utility" means any person who owns, operates, | 23 |
| manages or
controls any plant or equipment or any part of a | 24 |
| plant or equipment, within
the State, for the conveyance of | 25 |
| telephone messages or for the production,
transmission, | 26 |
| delivery or furnishing of heat, light, water or power either
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| directly or indirectly to or for the public.
"Public utility" | 2 |
| includes any person engaged in the transmission or delivery
of | 3 |
| natural gas for compensation within this State by means of | 4 |
| pipes or mains.
"Public utility" does not include a cooperative | 5 |
| association organized for
the purpose of furnishing telephone | 6 |
| service to its members only.
"Public utility" does not include | 7 |
| electric cooperatives as defined in Section
3-119 of the Public | 8 |
| Utilities Act. However, "public utility" does not include | 9 |
| either public utilities
that are owned and operated by a | 10 |
| political subdivision, public institution
of higher education | 11 |
| or municipal corporation of this State or public utilities
that | 12 |
| are owned by such political subdivision, public institution of | 13 |
| higher
education, or municipal corporation and operated by any | 14 |
| of its lessees or
operating agents.
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| (13) "Utility consumer" means any individual or entity, | 16 |
| which is not
governmental or a public utility, which is located | 17 |
| in this State and which
is furnished with a utility service by | 18 |
| a public utility.
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| (14) "Utility service" means electricity, natural gas, | 20 |
| water and
telephone service supplied by a public utility.
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| (15) "Cable television consumer" means any individual or | 22 |
| non-governmental entity that is located in this State and that
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| is furnished with cable television service by a cable | 24 |
| television provider.
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| (16) "Cable television provider" means any entity | 26 |
| providing cable television service to cable television |
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| consumers.
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| (17) "Cable television service" means the transmission of | 3 |
| television voice or data information through cable.
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| (Source: P.A. 91-357, eff. 7-29-99.)
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| (220 ILCS 10/4) (from Ch. 111 2/3, par. 904)
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| Sec. 4. Citizens utility board: formation and membership. | 7 |
| (1) There
is created a nonprofit public body corporate and | 8 |
| politic to be known as
the "Citizens Utility Board". Any | 9 |
| utility or cable television consumer
who has submitted a | 10 |
| membership form and has contributed membership dues
to the | 11 |
| corporation in the preceding 12 months shall be a member of the | 12 |
| corporation.
A member may resign from membership at any time.
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| (2) The board shall, upon certification of their | 14 |
| nominations pursuant to
subsection (2) of Section 12 and | 15 |
| request by the candidate, within 5 days
provide to each | 16 |
| candidate for election to the
board a current list of members | 17 |
| residing in the candidate's
district. Such list shall include | 18 |
| the names and current addresses of
members within such | 19 |
| district, and may be used by the candidate only for
election | 20 |
| purposes.
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| (3) Notwithstanding any other provision of this Act or any | 22 |
| other provisions
of law, if the corporation does not receive | 23 |
| contributions from at least
10,000 citizens of this State | 24 |
| within 3 years of the
effective date of this Act,
the | 25 |
| corporation shall be dissolved.
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| (Source: P.A. 86-101.)
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| (220 ILCS 10/5) (from Ch. 111 2/3, par. 905)
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| Sec. 5. Powers and duties.
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| (1) The corporation shall:
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| (a) Represent and protect the interests of the | 6 |
| residential utility
and cable television consumers of this | 7 |
| State. All actions by the corporation under this Act
shall | 8 |
| be directed toward such duty; provided that the corporation | 9 |
| may
also give due consideration to the interests of | 10 |
| business in the State.
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| (b) Inform, in so far as possible, all utility and | 12 |
| cable television consumers about the
corporation,
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| including the procedure for obtaining membership in the | 14 |
| corporation.
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| (2) The corporation shall have all the powers necessary or | 16 |
| convenient
for the effective representation and protection of | 17 |
| the interest of utility
and cable television consumers and to | 18 |
| implement this Act, including the following powers in addition
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| to all other powers granted by this Act.
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| (a) To make, amend and repeal bylaws and rules for the | 21 |
| regulation of its
affairs and the conduct of its business; | 22 |
| to adopt an official seal and alter
it at pleasure; to | 23 |
| maintain an office; to sue and be sued in its
own name, | 24 |
| plead and be impleaded; and to make and execute contracts | 25 |
| and
other instruments necessary or convenient to the |
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| exercise of the powers
of the corporation.
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| (b) To employ such agents, employees and special | 3 |
| advisors as it finds
necessary and to fix their | 4 |
| compensation.
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| (c) To solicit and accept gifts, loans, including loans | 6 |
| made by the
Illinois Commerce Commission from funds | 7 |
| appropriated for that purpose by
law, or other aid in order | 8 |
| to support
activities concerning the interests of utility | 9 |
| consumers. Except
as provided in Section 5.1, the | 10 |
| corporation may not accept gifts,
loans or other aid from | 11 |
| any
public utility or from any director, employee or agent | 12 |
| or member of the
immediate family of a director, employee | 13 |
| or agent of any public utility
and, after the first | 14 |
| election the corporation, may not
accept
from any | 15 |
| individual, private corporation, association or | 16 |
| partnership in any
single year a total of more than $1,000 | 17 |
| in gifts. Under this paragraph,
"aid" does not mean payment | 18 |
| of membership dues.
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| (d) To intervene as a party or otherwise participate on | 20 |
| behalf of utility
and cable television consumers in any | 21 |
| proceeding which affects the interest of utility or cable | 22 |
| television consumers.
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| (e) To represent the interests of utility and cable | 24 |
| television consumers before the Illinois
Commerce | 25 |
| Commission, the Federal Energy Regulatory Commission, the | 26 |
| Federal
Communications Commission, the courts, and other |
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| public bodies, except that
no director, employee or agent | 2 |
| of the corporation may engage in lobbying
without first
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| complying with any applicable statute, administrative rule | 4 |
| or other regulation
relating to lobbying.
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| (f) To establish annual dues which shall be set at a | 6 |
| level that provides
sufficient funding for the corporation | 7 |
| to effectively perform its powers
and duties, and is | 8 |
| affordable for as many utility and cable television
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| consumers as is possible.
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| (g) To implement solicitation for corporation funding | 11 |
| and membership.
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| (h) To seek tax exempt status under State and federal | 13 |
| law, including
501(c)(3) status under the United States | 14 |
| Internal Revenue Code.
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| (i) To provide information and advice to utility and | 16 |
| cable television consumers on any matter
with respect to | 17 |
| utility or cable television service, including but not | 18 |
| limited to information
and advice on benefits and methods | 19 |
| of energy conservation.
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| (3) The powers, duties, rights and privileges conferred or | 21 |
| imposed upon
the corporation by this Act may not be | 22 |
| transferred.
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| (4) The corporation shall refrain from interfering with | 24 |
| collective
bargaining rights of any employees of a public | 25 |
| utility.
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| (Source: P.A. 91-50, eff. 6-30-99.)
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| (220 ILCS 10/6) (from Ch. 111 2/3, par. 906)
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| Sec. 6. Board. The corporation shall be managed by, and its
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| powers, functions and duties shall be exercised through a board | 4 |
| to be
composed as follows:
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| (1) Election and Terms of Directors. The Citizens Utility | 6 |
| Board
Districts shall be divided into two groups for the | 7 |
| purpose of establishing
terms for which the Directors shall be | 8 |
| elected in each group. One group
shall be comprised of the even | 9 |
| numbered Congressional Districts. The odd
numbered | 10 |
| Congressional Districts shall comprise the other group.
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| (a) The Interim Board, within 60 days after their | 12 |
| appointment, shall meet
and publicly by lot determine which | 13 |
| group shall be the first group and which
group shall be the | 14 |
| second. The board members or their successors
from the first | 15 |
| group shall be elected for successive terms of two years,
two | 16 |
| years and four years; and members or their successors from the | 17 |
| second
group shall be elected for successive terms of four | 18 |
| years, two years and two years.
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| (b) The first election of directors of the board is to be | 20 |
| held no later
than April 30, 1985. Subsequent elections of | 21 |
| directors of the board shall
be held on March 31 of each | 22 |
| election year. If March 31 falls on a weekend
or holiday, the | 23 |
| election shall occur on the next business day following March | 24 |
| 31.
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| (c) Interim and elected board members shall serve until |
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| their successors
are elected and have qualified.
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| (d) In the year following each decennial census and within | 3 |
| 45 days after
the redistricted Congressional Districts are | 4 |
| enacted, the board shall
allocate terms between the 2 groups of | 5 |
| districts publicly by lot as
provided in paragraph (a). Board | 6 |
| members or their successors from the
first group shall be | 7 |
| elected for successive terms of two years, four years
and four | 8 |
| years; and members or their successors from the second group | 9 |
| shall
be elected for successive terms of four years, four | 10 |
| years, and two years.
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| (2) Qualifications. A director shall be a resident of the | 12 |
| district he
or she represents and member of the corporation. No | 13 |
| person who is an
employee in any managerial or supervisory | 14 |
| capacity, director, officer or
agent or who is a member of the | 15 |
| immediate family of any such employee,
director, officer or | 16 |
| agent of any public utility or any cable television provider is | 17 |
| eligible to be a
director. No director may hold any elective | 18 |
| position, be a candidate for
any elective position, be a State | 19 |
| public official, be employed by the
Illinois Commerce | 20 |
| Commission, or be employed in a governmental position
exempt | 21 |
| from the Personnel Code.
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| (3) Director, Family Member Employment. No director, nor | 23 |
| member of his
or her immediate family shall, either directly or | 24 |
| indirectly, be employed
for compensation as a staff member or | 25 |
| consultant of the corporation.
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| (4) Meetings. The board shall hold regular meetings at |
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| least once every
3 months on such dates and at such places as | 2 |
| it may determine. Special
meetings may be called by the | 3 |
| president or by a majority of the directors
upon at least 7 | 4 |
| days' advance written notice. Unless otherwise provided
in the | 5 |
| bylaws, a majority of the board of directors shall constitute a
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| quorum; provided, that in no event shall a quorum consist of | 7 |
| less than
one-third of the board of directors. The act of the | 8 |
| majority of the
directors, present at a meeting at which a | 9 |
| quorum is present, shall be the
act of the board of directors | 10 |
| unless the act of a greater number is
required by this Act or | 11 |
| bylaws. A summary of the minutes of every board
meeting shall | 12 |
| be made available to each public library in the State upon
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| request and to individuals upon request.
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| (5) Expenses. A director may not receive any compensation | 15 |
| for his or
her services but shall be reimbursed for necessary | 16 |
| expenses, including travel
expenses incurred in the discharge | 17 |
| of duties. The board shall establish
standard allowances for | 18 |
| mileage, room and meals and the purposes for which
such | 19 |
| allowances may be made and shall determine the reasonableness | 20 |
| and
necessity for such reimbursements. The board shall include | 21 |
| the schedule of
such standard allowances in the annual report | 22 |
| under subsection (4) (d) of Section 7.
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| (6) Bonding. Directors and employees eligible to disburse | 24 |
| funds shall
be bonded. The costs of such bonds shall be paid by | 25 |
| the corporation.
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| (Source: P.A. 84-1093.)
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| (220 ILCS 10/10) (from Ch. 111 2/3, par. 910)
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| Sec. 10. Prohibited Acts. (1) No person may interfere or | 3 |
| threaten
to interfere with or cause any interference with | 4 |
| utility service or cable television service or with
the utility | 5 |
| service or cable television service of or penalize any person | 6 |
| who contributes to the corporation
or participates in any of | 7 |
| its activities, in retribution for such contribution
or | 8 |
| participation.
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| (2) No person may act with intent to prevent, interfere | 10 |
| with or hinder
the activities permitted under this Act.
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| (3) A person who violates this Section may be fined not | 12 |
| more than $1,000.
Each such violation shall constitute a | 13 |
| separate and continuing violation
of this Act. A person who | 14 |
| knowingly and wilfully violates this Section
may be imprisoned | 15 |
| not more than 6 months.
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| (Source: P.A. 83-945.)
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| (220 ILCS 10/11) (from Ch. 111 2/3, par. 911)
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| Sec. 11. Appointment of Interim Board of Directors. (1) | 19 |
| Within 90 days after the effective date of this Act, an interim | 20 |
| board
of directors shall be appointed. The Board shall consist | 21 |
| of 11 members.
The Governor shall appoint 3 members. The | 22 |
| President of the Senate, the Speaker
of the House, the Minority | 23 |
| Leader of the Senate and the Minority Leader
of the House shall | 24 |
| each appoint 2 members.
The appointees shall reflect the |
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| geographical
diversity of this State and shall include | 2 |
| representation from minority groups,
low-income persons, labor | 3 |
| organizations, business, women and senior citizens.
No interim | 4 |
| director appointed under this Section may hold an elective | 5 |
| position,
be a candidate for any elective position, or be a | 6 |
| State public official.
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| (2) The interim board appointed under this Section shall:
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| (a) As soon as possible after appointment, organize for the | 9 |
| transaction of
business.
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| (b) Inform the utility and cable television consumers of | 11 |
| this State of the existence,
nature and purposes of the | 12 |
| corporation, and encourage utility and cable television
| 13 |
| consumers
to join the corporation, to participate in the | 14 |
| corporation's activities
and to contribute to the corporation.
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| (c) Establish annual dues to be in effect until such time | 16 |
| as an elected
board assumes the duty as provided in paragraph | 17 |
| (2) (f) of Section 5.
| 18 |
| (d) Elect officers as provided under Section 12.
| 19 |
| (e) Employ such staff as the interim directors deem | 20 |
| necessary to carry
out the purposes of this Section. The | 21 |
| interim board appointed under this
Section shall follow
the | 22 |
| procedures required under Section 7.2 if it hires an executive | 23 |
| director
of the corporation.
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| (f) Make all necessary preparations for the first election | 25 |
| of directors,
oversee the election campaign and tally the votes | 26 |
| under Section 12.
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| (g) Solicit funds for the corporation.
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| (h) Carry out all other duties and exercise all other | 3 |
| powers accorded
to the board under this Act including the | 4 |
| powers given to the corporation
under Section 9.
| 5 |
| (Source: P.A. 83-945.)
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| (220 ILCS 10/12) (from Ch. 111 2/3, par. 912)
| 7 |
| Sec. 12. (1) Eligibility. To be eligible for election to | 8 |
| the board,
a candidate must:
| 9 |
| (a) Meet the qualifications for directors under subsection | 10 |
| (2) of Section 6.
| 11 |
| (b) Have his or her nomination certified by the board under | 12 |
| subsection
(2) of this Section.
| 13 |
| (c) Submit to the board a statement of financial interests | 14 |
| under subsection
(3) and a statement of personal background and | 15 |
| positions under subsection (4).
| 16 |
| (d) Make the affirmation under subsection (3) (e).
| 17 |
| (2) Nomination. A candidate for election to the board shall | 18 |
| circulate
or have a member of the corporation circulate a | 19 |
| petition for nomination
on the candidate's behalf not sooner | 20 |
| than 120 days preceding the election
and shall file the | 21 |
| petition with the corporation not later than 60 days
prior to | 22 |
| the election. The petition for nomination shall be signed by at
| 23 |
| least 5% or 30, whichever is less, of the members residing in | 24 |
| his or her
district. The board shall verify the validity of the | 25 |
| signatures by comparing
them to the signatures on the |
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| membership applications and the current list
of members | 2 |
| maintained by the Board. Within 14 days after the petition is
| 3 |
| due, the board shall determine whether a sufficient number of | 4 |
| signatures
are valid. If the board determines a sufficient | 5 |
| number are valid, it shall
certify the nomination of the | 6 |
| candidate.
| 7 |
| (3) Statement of financial interests. A candidate for | 8 |
| election to the
board whose nomination is certified under | 9 |
| subsection (2) shall submit to
the board, not later than 60 | 10 |
| days prior to the election, a statement of
financial interests | 11 |
| upon a form provided by the board. The statement of
financial | 12 |
| interests shall include the following information:
| 13 |
| (a) The occupation, employer and position at place of | 14 |
| employment of the
candidate and of his or her immediate family | 15 |
| members.
| 16 |
| (b) A list of all corporate directorships or other offices, | 17 |
| and of all
fiduciary relationships, held in the past 3 years by | 18 |
| the candidate and by
his or her immediate family members.
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| (c) The name of any creditor to whom the candidate or a | 20 |
| member of the
candidate's immediate family owes $10,000 or | 21 |
| more.
| 22 |
| (d) The name of any corporation in which the candidate | 23 |
| holds a security,
the current market value of which is $5,000 | 24 |
| or more.
| 25 |
| (e) An affirmation, subject to penalty of perjury, that the | 26 |
| information
contained in the statement of financial interests |
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| is true and complete.
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| (4) Statement of personal background and positions. A | 3 |
| candidate for election
to the board whose nomination is | 4 |
| certified under subsection (2) shall submit
to the board, not | 5 |
| later than 60 days prior to the election, on a form to
be | 6 |
| provided by the board, a statement concerning his or her | 7 |
| personal background and
positions on issues relating to public | 8 |
| utilities or cable television or the operations of the
| 9 |
| corporation. The statement shall contain an affirmation, | 10 |
| subject to penalty
of perjury, that the candidate meets the | 11 |
| qualifications prescribed for directors
in subsection (2) of | 12 |
| Section 6.
| 13 |
| (5) Restrictions on a reporting of campaign contributions | 14 |
| and expenditures.
(a) No candidate may accept more than $200 in | 15 |
| campaign contributions from
any person or political committee | 16 |
| from one year before the date of an election
through the date | 17 |
| of the election.
| 18 |
| (b) Each candidate for election to the board shall keep | 19 |
| complete records
of all contributions to his or her campaign of | 20 |
| $25 of more from one year
before the date of an election | 21 |
| through the date of the election, and, at
the board's request, | 22 |
| shall make such records available for inspection by the board.
| 23 |
| (c) As a condition for receiving the benefits of the | 24 |
| board's mailing under
subsection (6), a candidate for election | 25 |
| to the board shall agree in writing
to incur no more than | 26 |
| $2,500 in campaign expenditures from the
time he or she |
|
|
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HB1465 |
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LRB095 06873 MJR 26992 b |
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| 1 |
| commences circulation of petitions for nomination or from
4 | 2 |
| months prior to the election, whichever is earlier, through the | 3 |
| date of the election.
| 4 |
| (d) Each candidate for election to the board shall keep | 5 |
| complete records
of his or her campaign expenditures, and, at | 6 |
| the board's request, shall
make such records available for | 7 |
| inspection by the board.
| 8 |
| (e) No earlier than 14 days and no later than 8 days | 9 |
| preceding the election
and no earlier than 21 days and no later | 10 |
| than 30 days after the election,
each candidate for election to | 11 |
| the board shall submit to the board, on a
form provided by the | 12 |
| board, an accurate statement of his or her campaign
| 13 |
| contributions, swearing that he or she has fully complied with | 14 |
| the requirements
of this subsection.
| 15 |
| (f) No candidate for election to the board may use any | 16 |
| campaign contribution
for any purpose except for campaign | 17 |
| expenditures. Any campaign contribution
not expended shall be | 18 |
| donated no later than 90 days after the election
to the | 19 |
| corporation or to any charitable organization at the option of | 20 |
| the candidate.
| 21 |
| (6) Election procedures. (a) The board shall mail or | 22 |
| distribute to each
member's address on file with the | 23 |
| corporation, not sooner than 30 and not
later than 10 days | 24 |
| before the date fixed for the election:
| 25 |
| (i) An official ballot listing all candidates for director | 26 |
| from the member's
district whose nominations the board has |
|
|
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LRB095 06873 MJR 26992 b |
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| 1 |
| certified and who satisfy the requirements
of subsection (1). | 2 |
| The board shall include with the ballot each candidate's
| 3 |
| statement of financial interests submitted under subsection | 4 |
| (3).
| 5 |
| (ii) The statement by each candidate for election to the | 6 |
| board of personal
background and positions as required under | 7 |
| subsection (4), if the candidate
has agreed in writing to limit | 8 |
| his or her campaign expenditures under subsection
(5) (c).
| 9 |
| (b) Each member may vote in the election by returning his | 10 |
| or her official
ballot in person or by first class mail, | 11 |
| properly marked, to the ballot
return location designated by | 12 |
| the corporation.
Ballots returned to the location designated by | 13 |
| the corporation must be
postmarked on or before the date fixed | 14 |
| for the election or must be received
at the ballot return | 15 |
| location designated by the corporation on or before
the date | 16 |
| fixed for the election.
| 17 |
| (c) Voting shall be by secret ballot.
| 18 |
| (d) The board shall tally votes with all reasonable speed | 19 |
| and shall inform
the membership promptly of the names of the | 20 |
| candidates elected.
| 21 |
| (e) For each district the board within 30 days of the | 22 |
| election shall certify
the candidate elected to the board if | 23 |
| the candidate has the most votes in
the district and if he or | 24 |
| she has complied with this Section.
| 25 |
| (f) If a vacancy in nomination occurs because no candidate | 26 |
| has filed for
nomination, the board by a majority of those |
|
|
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LRB095 06873 MJR 26992 b |
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| 1 |
| voting shall appoint a member
of the corporation who resides in | 2 |
| the district where the vacancy exists
to be the candidate.
| 3 |
| (g) If the candidate with the most votes dies, declines or | 4 |
| resigns from
candidacy prior to being certified under paragraph | 5 |
| (e), or for any other
reason is not certified under paragraph | 6 |
| (e), the office for which
the candidate ran shall be vacant and | 7 |
| shall be filled by the board as provided herein.
| 8 |
| (h) If a vacancy on the Board occurs, with more than 12 | 9 |
| months remaining
in the term, the Board shall set a date for a | 10 |
| special election for the district
for the purpose of electing a | 11 |
| director to serve out the term of the vacant
office and shall | 12 |
| so notify every member in the district. The election
may not be | 13 |
| less than
2 months nor more than 4 months after such | 14 |
| notification. An election under
this Section shall be conducted | 15 |
| in the same manner as other elections of
directors are | 16 |
| conducted. The seat shall remain vacant if there is 8 months
or | 17 |
| less remaining in the term.
| 18 |
| (7) Election rules. The board may prescribe rules for the | 19 |
| conduct of
elections and election campaigns not inconsistent | 20 |
| with this Act.
| 21 |
| (Source: P.A. 84-1093.)
| 22 |
| (220 ILCS 10/20) (from Ch. 111 2/3, par. 920)
| 23 |
| Sec. 20. Liability of public utility. No public utility or | 24 |
| cable television provider shall be liable
on any claim based on | 25 |
| any action it is required to take to be in compliance
with this |
|
|
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LRB095 06873 MJR 26992 b |
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| 1 |
| Act.
| 2 |
| (Source: P.A. 83-945.)
| 3 |
| (220 ILCS 10/21) (from Ch. 111 2/3, par. 921)
| 4 |
| Sec. 21. Home rule preemption. The provisions of this Act | 5 |
| are declared
to be an exclusive exercise of power by the State | 6 |
| of Illinois pursuant to
paragraphs (h) or (i) of Section 6 of | 7 |
| Article VII of the Illinois Constitution.
No home rule unit may | 8 |
| impose any requirement or regulation on any public
utility or | 9 |
| cable television provider inconsistent with or in addition to | 10 |
| the requirements or regulations
set forth in this Act.
| 11 |
| (Source: P.A. 83-945.)
|
|