(220 ILCS 10/3) (from Ch. 111 2/3, par. 903)
Sec. 3.
Definitions.
As used in this Act: (1) "Board" means the board
of directors of the corporation.
(2) "Campaign contribution" means a gift, subscription, loan, advance
or deposit of money or anything of value, made for the purpose of electing
a candidate to the board; or a contract, a promise or agreement, express or
implied, whether or not legally enforceable, to make any campaign contribution;
but does not include the value of services provided without compensation
by individuals who volunteer a portion or all of their time on behalf of
a candidate or political committee, or the use of real or personal property
and the cost of invitations, food and beverages, voluntarily provided by
an individual to a candidate in rendering voluntary personal services on
the individual's residential premises for candidate-related activities if
the cumulative value of the activities to the individual on behalf of any
candidate does not exceed $100 for any election.
(3) "Campaign expenditures" means a purchase, payment distribution, loan,
advance, deposit or gift of money or anything of value, made for the purpose
of electing a candidate to the board; or a contract, promise, or agreement,
express or implied, whether or not legally enforceable, to make any campaign
expenditure; but does not include the use of real or personal property and
the cost of invitations, food and beverages, voluntarily provided by an
individual to a candidate in rendering voluntary personal services on the
individual's residential premises for candidate-related activities if the
cumulative value of the activities by the individual on behalf of any candidate
does not exceed $100 for any election.
(4) "Class A utility" means any gas, electric or water public utility
with annual total gross operating revenues of $2.5 million or more or any
telephone public utility with annual total gross operating revenues of
$1,600,000 or more on the effective date of this Act.
(5) "Corporation" means the citizens utility board.
(6) "Director" means any member of the board.
(7) "District" means a corporation district, the boundaries of which are
congruent with the boundaries of the Congressional districts in the State.
(8) "Immediate family" of a person means the person's spouse and legal dependents.
(9) "Member" means any person who satisfies the requirements for membership
under Section 4.
(10) "Periodic customer billing" means a demand for payment for utility
services by a public utility to a residential utility consumer on a monthly
or other regular basis.
(11) "Political committee" means any committee, club, association or
other group of persons which make campaign expenditures or receive campaign
contributions during the year before an election of the board.
(12) "Public utility" means any person who owns, operates, manages or
controls any plant or equipment or any part of a plant or equipment, within
the State, for the conveyance of telephone messages or for the production,
transmission, delivery or furnishing of heat, light, water or power either
directly or indirectly to or for the public.
"Public utility" includes any person engaged in the transmission or delivery
of natural gas for compensation within this State by means of pipes or mains.
"Public utility" does not include a cooperative association organized for
the purpose of furnishing telephone service to its members only.
"Public utility" does not include electric cooperatives as defined in Section
3-119 of the Public Utilities Act. However, "public utility" does not include either public utilities
that are owned and operated by a political subdivision, public institution
of higher education or municipal corporation of this State or public utilities
that are owned by such political subdivision, public institution of higher
education, or municipal corporation and operated by any of its lessees or
operating agents.
(13) "Utility consumer" means any individual or entity, which is not
governmental or a public utility, which is located in this State and which
is furnished with a utility service by a public utility.
(14) "Utility service" means electricity, natural gas, water and
telephone service supplied by a public utility.
(Source: P.A. 91-357, eff. 7-29-99.)
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(220 ILCS 10/5) (from Ch. 111 2/3, par. 905)
Sec. 5.
Powers and duties.
(1) The corporation shall:
(a) Represent and protect the interests of the |
| residential utility consumers of this State. All actions by the corporation under this Act shall be directed toward such duty; provided that the corporation may also give due consideration to the interests of business in the State.
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(b) Inform, in so far as possible, all utility
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| consumers about the corporation, including the procedure for obtaining membership in the corporation.
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(2) The corporation shall have all the powers necessary or convenient
for the effective representation and protection of the interest of utility
consumers and to implement this Act, including the following powers in addition
to all other powers granted by this Act.
(a) To make, amend and repeal bylaws and rules for
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| the regulation of its affairs and the conduct of its business; to adopt an official seal and alter it at pleasure; to maintain an office; to sue and be sued in its own name, plead and be impleaded; and to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the corporation.
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(b) To employ such agents, employees and special
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| advisors as it finds necessary and to fix their compensation.
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(c) To solicit and accept gifts, loans, including
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| loans made by the Illinois Commerce Commission from funds appropriated for that purpose by law, or other aid in order to support activities concerning the interests of utility consumers. Except as provided in Section 5.1, the corporation may not accept gifts, loans or other aid from any public utility or from any director, employee or agent or member of the immediate family of a director, employee or agent of any public utility and, after the first election the corporation, may not accept from any individual, private corporation, association or partnership in any single year a total of more than $1,000 in gifts. Under this paragraph, "aid" does not mean payment of membership dues.
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(d) To intervene as a party or otherwise participate
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| on behalf of utility consumers in any proceeding which affects the interest of utility consumers.
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(e) To represent the interests of utility consumers
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| before the Illinois Commerce Commission, the Federal Energy Regulatory Commission, the Federal Communications Commission, the courts, and other public bodies, except that no director, employee or agent of the corporation may engage in lobbying without first complying with any applicable statute, administrative rule or other regulation relating to lobbying.
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(f) To establish annual dues which shall be set at a
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| level that provides sufficient funding for the corporation to effectively perform its powers and duties, and is affordable for as many utility consumers as is possible.
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(g) To implement solicitation for corporation funding
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(h) To seek tax exempt status under State and federal
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| law, including 501(c)(3) status under the United States Internal Revenue Code.
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(i) To provide information and advice to utility
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| consumers on any matter with respect to utility service, including but not limited to information and advice on benefits and methods of energy conservation.
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(3) The powers, duties, rights and privileges conferred or imposed upon
the corporation by this Act may not be transferred.
(4) The corporation shall refrain from interfering with collective
bargaining rights of any employees of a public utility.
(Source: P.A. 91-50, eff. 6-30-99.)
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(220 ILCS 10/6) (from Ch. 111 2/3, par. 906)
Sec. 6.
Board.
The corporation shall be managed by, and its
powers, functions and duties shall be exercised through a board to be
composed as follows:
(1) Election and Terms of Directors. The Citizens Utility Board
Districts shall be divided into two groups for the purpose of establishing
terms for which the Directors shall be elected in each group. One group
shall be comprised of the even numbered Congressional Districts. The odd
numbered Congressional Districts shall comprise the other group.
(a) The Interim Board, within 60 days after their appointment, shall meet
and publicly by lot determine which group shall be the first group and which
group shall be the second. The board members or their successors
from the first group shall be elected for successive terms of two years,
two years and four years; and members or their successors from the second
group shall be elected for successive terms of four years, two years and two years.
(b) The first election of directors of the board is to be held no later
than April 30, 1985. Subsequent elections of directors of the board shall
be held on March 31 of each election year. If March 31 falls on a weekend
or holiday, the election shall occur on the next business day following March 31.
(c) Interim and elected board members shall serve until their successors
are elected and have qualified.
(d) In the year following each decennial census and within 45 days after
the redistricted Congressional Districts are enacted, the board shall
allocate terms between the 2 groups of districts publicly by lot as
provided in paragraph (a). Board members or their successors from the
first group shall be elected for successive terms of two years, four years
and four years; and members or their successors from the second group shall
be elected for successive terms of four years, four years, and two years.
(2) Qualifications. A director shall be a resident of the district he
or she represents and member of the corporation. No person who is an
employee in any managerial or supervisory capacity, director, officer or
agent or who is a member of the immediate family of any such employee,
director, officer or agent of any public utility is eligible to be a
director. No director may hold any elective position, be a candidate for
any elective position, be a State public official, be employed by the
Illinois Commerce Commission, or be employed in a governmental position
exempt from the Personnel Code.
(3) Director, Family Member Employment. No director, nor member of his
or her immediate family shall, either directly or indirectly, be employed
for compensation as a staff member or consultant of the corporation.
(4) Meetings. The board shall hold regular meetings at least once every
3 months on such dates and at such places as it may determine. Special
meetings may be called by the president or by a majority of the directors
upon at least 7 days' advance written notice. Unless otherwise provided
in the bylaws, a majority of the board of directors shall constitute a
quorum; provided, that in no event shall a quorum consist of less than
one-third of the board of directors. The act of the majority of the
directors, present at a meeting at which a quorum is present, shall be the
act of the board of directors unless the act of a greater number is
required by this Act or bylaws. A summary of the minutes of every board
meeting shall be made available to each public library in the State upon
request and to individuals upon request.
(5) Expenses. A director may not receive any compensation for his or
her services but shall be reimbursed for necessary expenses, including travel
expenses incurred in the discharge of duties. The board shall establish
standard allowances for mileage, room and meals and the purposes for which
such allowances may be made and shall determine the reasonableness and
necessity for such reimbursements. The board shall include the schedule of
such standard allowances in the annual report under subsection (4) (d) of Section 7.
(6) Bonding. Directors and employees eligible to disburse funds shall
be bonded. The costs of such bonds shall be paid by the corporation.
(Source: P.A. 84-1093.)
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(220 ILCS 10/7) (from Ch. 111 2/3, par. 907)
Sec. 7.
Duties of directors.
The board shall have the following duties:
(1) To establish the policy of the corporation regarding appearances
before regulatory agencies, legislative bodies and other public
authorities, and regarding other activities which the corporation has the
authority to perform under this Act.
(2) To employ an executive director who shall have the following powers
and duties, subject at all times to the direction and supervision of the board:
(a) To implement the policy established by the board under subsection (1).
(b) To employ and discharge employees of the corporation.
(c) To supervise the offices, facilities and work of the employees of the corporation.
(d) To have custody of and maintain the books, records and membership
rolls of the corporation under this Act.
(e) To prepare and submit to the board annual and quarterly statements
of the financial and substantive operations of the corporation, and financial
estimates for the future operations of the corporation.
(f) To attend and participate in meetings of the board, but without a vote.
(g) To file annually with the board a current financial statement which
includes the information required under subsection (3) of Section 12.
(h) To exercise such other powers and perform such other duties as the
board delegates.
(3) To hold an annual meeting of the membership on a date and at a place
within the State to be determined by the board under Section 8.
(4) To assure preparation of:
(a) Up-to-date membership rolls.
(b) Quarterly statements of the financial and substantive operations of
the corporation.
(c) An audit of the corporation's books at least once each fiscal year.
The audit shall be by a certified public accountant.
(d) An annual report of the corporation's financial and substantive
operations. The corporation shall prepare the report at the close of the
corporation's fiscal year and shall make the report available to each of
its members, as well as to members of the news media who request it. It
shall also make the report available to each library in the State that
requests it, and to individuals upon request.
(5) To establish and make available to the public a written policy on
the availability and distribution of all records required to be kept by
the corporation under this Act.
(6) To prepare membership applications and distribute such applications
in sufficient amounts or in machine copyable form to every library
system, as defined in Section 2 of The Illinois Library System Act, so as
to allow such library systems to distribute the applications to all
of the public libraries throughout the State, wherefrom utility
consumers may obtain the applications to submit to
the corporation, with annual dues, for membership.
(7) To prepare nominating petitions and distribute such petitions in
sufficient amounts or in machine copyable form to every library system, as
defined in Section 2 of The Illinois Library System Act, so as to allow
such library systems to distribute the petitions to all of the public
libraries throughout the State, wherefrom members of the corporation may
obtain the petitions to circulate when running for nomination for a director.
(8) To provide all candidates for election to the board with a current
list of members residing in the candidate's district upon certification of
nomination pursuant to subsection (2) of Section 12 and within 5 days of a
request by the candidate.
(9) To carry out all other duties and responsibilities imposed upon the
corporation and the board under this Act.
(Source: P.A. 86-101.)
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(220 ILCS 10/9) (from Ch. 111 2/3, par. 909)
Sec. 9. Mailing procedure.
(1) As used in this Section:
(a) "Enclosure" means a card, leaflet, envelope or |
| combination thereof furnished by the corporation under this Section.
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(b) "Mailing" means any communication by a State
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| agency, other than a mailing made under the Senior Citizens and Persons with Disabilities Property Tax Relief Act, that is sent through the United States Postal Service to more than 50,000 persons within a 12-month period.
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(c) "State agency" means any officer, department,
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| board, commission, institution or entity of the executive or legislative branches of State government.
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(2) To accomplish its powers and duties under Section 5 this Act, the
corporation, subject to the following limitations, may prepare and furnish
to any State agency an enclosure to be included with a mailing by that agency.
(a) A State agency furnished with an enclosure shall
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| include the enclosure within the mailing designated by the corporation.
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(b) An enclosure furnished by the corporation under
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| this Section shall be provided to the State agency a reasonable period of time in advance of the mailing.
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(c) An enclosure furnished by the corporation under
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| this Section shall be limited to informing the reader of the purpose, nature and activities of the corporation as set forth in this Act and informing the reader that it may become a member in the corporation, maintain membership in the corporation and contribute money to the corporation directly.
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(d) Prior to furnishing an enclosure to the State
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| agency, the corporation shall seek and obtain approval of the content of the enclosure from the Illinois Commerce Commission. The Commission shall approve the enclosure if it determines that the enclosure (i) is not false or misleading and (ii) satisfies the requirements of this Act. The Commission shall be deemed to have approved the enclosure unless it disapproves the enclosure within 14 days from the date of receipt.
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(3) The corporation shall reimburse each State agency for all reasonable
incremental costs incurred by the State agency in complying with this
Section above the agency's normal mailing and handling costs, provided that:
(a) The State agency shall first furnish the
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| corporation with an itemized accounting of such additional cost; and
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(b) The corporation shall not be required to
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| reimburse the State agency for postage costs if the weight of the corporation's enclosure does not exceed .35 ounce avoirdupois. If the corporation's enclosure exceeds that weight, then it shall only be required to reimburse the State agency for postage cost over and above what the agency's postage cost would have been had the enclosure weighed only .35 ounce avoirdupois.
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(Source: P.A. 99-143, eff. 7-27-15.)
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(220 ILCS 10/12) (from Ch. 111 2/3, par. 912)
Sec. 12.
(1) Eligibility.
To be eligible for election to the board,
a candidate must:
(a) Meet the qualifications for directors under subsection (2) of Section 6.
(b) Have his or her nomination certified by the board under subsection
(2) of this Section.
(c) Submit to the board a statement of financial interests under subsection
(3) and a statement of personal background and positions under subsection (4).
(d) Make the affirmation under subsection (3) (e).
(2) Nomination. A candidate for election to the board shall circulate
or have a member of the corporation circulate a petition for nomination
on the candidate's behalf not sooner than 120 days preceding the election
and shall file the petition with the corporation not later than 60 days
prior to the election. The petition for nomination shall be signed by at
least 5% or 30, whichever is less, of the members residing in his or her
district. The board shall verify the validity of the signatures by comparing
them to the signatures on the membership applications and the current list
of members maintained by the Board. Within 14 days after the petition is
due, the board shall determine whether a sufficient number of signatures
are valid. If the board determines a sufficient number are valid, it shall
certify the nomination of the candidate.
(3) Statement of financial interests. A candidate for election to the
board whose nomination is certified under subsection (2) shall submit to
the board, not later than 60 days prior to the election, a statement of
financial interests upon a form provided by the board. The statement of
financial interests shall include the following information:
(a) The occupation, employer and position at place of employment of the
candidate and of his or her immediate family members.
(b) A list of all corporate directorships or other offices, and of all
fiduciary relationships, held in the past 3 years by the candidate and by
his or her immediate family members.
(c) The name of any creditor to whom the candidate or a member of the
candidate's immediate family owes $10,000 or more.
(d) The name of any corporation in which the candidate holds a security,
the current market value of which is $5,000 or more.
(e) An affirmation, subject to penalty of perjury, that the information
contained in the statement of financial interests is true and complete.
(4) Statement of personal background and positions. A candidate for election
to the board whose nomination is certified under subsection (2) shall submit
to the board, not later than 60 days prior to the election, on a form to
be provided by the board, a statement concerning his or her personal background and
positions on issues relating to public utilities or the operations of the
corporation. The statement shall contain an affirmation, subject to penalty
of perjury, that the candidate meets the qualifications prescribed for directors
in subsection (2) of Section 6.
(5) Restrictions on a reporting of campaign contributions and expenditures.
(a) No candidate may accept more than $200 in campaign contributions from
any person or political committee from one year before the date of an election
through the date of the election.
(b) Each candidate for election to the board shall keep complete records
of all contributions to his or her campaign of $25 of more from one year
before the date of an election through the date of the election, and, at
the board's request, shall make such records available for inspection by the board.
(c) As a condition for receiving the benefits of the board's mailing under
subsection (6), a candidate for election to the board shall agree in writing
to incur no more than $2,500 in campaign expenditures from the
time he or she commences circulation of petitions for nomination or from
4 months prior to the election, whichever is earlier, through the date of the election.
(d) Each candidate for election to the board shall keep complete records
of his or her campaign expenditures, and, at the board's request, shall
make such records available for inspection by the board.
(e) No earlier than 14 days and no later than 8 days preceding the election
and no earlier than 21 days and no later than 30 days after the election,
each candidate for election to the board shall submit to the board, on a
form provided by the board, an accurate statement of his or her campaign
contributions, swearing that he or she has fully complied with the requirements
of this subsection.
(f) No candidate for election to the board may use any campaign contribution
for any purpose except for campaign expenditures. Any campaign contribution
not expended shall be donated no later than 90 days after the election
to the corporation or to any charitable organization at the option of the candidate.
(6) Election procedures. (a) The board shall mail or distribute to each
member's address on file with the corporation, not sooner than 30 and not
later than 10 days before the date fixed for the election:
(i) An official ballot listing all candidates for director from the member's
district whose nominations the board has certified and who satisfy the requirements
of subsection (1). The board shall include with the ballot each candidate's
statement of financial interests submitted under subsection (3).
(ii) The statement by each candidate for election to the board of personal
background and positions as required under subsection (4), if the candidate
has agreed in writing to limit his or her campaign expenditures under subsection
(5) (c).
(b) Each member may vote in the election by returning his or her official
ballot in person or by first class mail, properly marked, to the ballot
return location designated by the corporation.
Ballots returned to the location designated by the corporation must be
postmarked on or before the date fixed for the election or must be received
at the ballot return location designated by the corporation on or before
the date fixed for the election.
(c) Voting shall be by secret ballot.
(d) The board shall tally votes with all reasonable speed and shall inform
the membership promptly of the names of the candidates elected.
(e) For each district the board within 30 days of the election shall certify
the candidate elected to the board if the candidate has the most votes in
the district and if he or she has complied with this Section.
(f) If a vacancy in nomination occurs because no candidate has filed for
nomination, the board by a majority of those voting shall appoint a member
of the corporation who resides in the district where the vacancy exists
to be the candidate.
(g) If the candidate with the most votes dies, declines or resigns from
candidacy prior to being certified under paragraph (e), or for any other
reason is not certified under paragraph (e), the office for which
the candidate ran shall be vacant and shall be filled by the board as provided herein.
(h) If a vacancy on the Board occurs, with more than 12 months remaining
in the term, the Board shall set a date for a special election for the district
for the purpose of electing a director to serve out the term of the vacant
office and shall so notify every member in the district. The election
may not be less than
2 months nor more than 4 months after such notification. An election under
this Section shall be conducted in the same manner as other elections of
directors are conducted. The seat shall remain vacant if there is 8 months
or less remaining in the term.
(7) Election rules. The board may prescribe rules for the conduct of
elections and election campaigns not inconsistent with this Act.
(Source: P.A. 84-1093.)
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(220 ILCS 10/14) (from Ch. 111 2/3, par. 914)
Sec. 14.
Board officers.
(1) Election. The interim board of directors
and the board of directors, at the first regular meeting of each at which
a quorum is present, shall elect by a majority vote of the directors present
and voting a president, vice president, secretary and treasurer. The board
may elect such other officers as it deems necessary.
(2) Term of office. (a) Board officers shall begin serving immediately |
| upon their election and their term of office shall be one year. After his or her term of office has expired, a board officer shall continue to serve until his or her successor is elected and certified.
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(b) If a board office is vacant, the board shall
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| elect a successor to serve out the term of the office.
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(3) Powers and duties. Board officers shall exercise powers and perform
duties as prescribed by this Act or as delegated to them by the board.
(Source: P.A. 83-945.)
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