(220 ILCS 40/1) (from Ch. 111 2/3, par. 1201)
Sec. 1.
Title.
This Act shall be known and may be cited as the
"Small Business Utility Advocate Act".
(Source: P.A. 84-686.)
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(220 ILCS 40/2) (from Ch. 111 2/3, par. 1202)
Sec. 2.
Statement and Purpose.
The General Assembly recognizes the
importance of the small business owner to the statewide economy. The
General Assembly further recognizes that an environment which encourages
the development of small business in Illinois would necessarily also
improve the economic well being of this entire State.
The high cost of utility service acts as a retardant on general
economic growth and the operation of the small business owner in particular,
and has a direct effect upon the success of a small business. Small
business owners are either unrepresented or underrepresented before the
Illinois Commerce Commission, the Federal Communications Commission, the
Federal Energy Regulatory Commission, the courts and other public bodies.
The General Assembly, therefore, finds and states that the purpose of this
Act is to promote the health, welfare and prosperity of the people of
Illinois and the small business community by ensuring
effective and active representation before the aforementioned regulatory
bodies and by fostering the education of the small business owner on the
benefits and methods of energy conservation.
(Source: P.A. 84-686.)
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(220 ILCS 40/3) (from Ch. 111 2/3, par. 1203)
Sec. 3.
Definitions.
For the purposes of this Act:
(a) "Commission" means the Illinois Commerce Commission, or its successor agency.
(b) "Small business" means any Illinois based business which meets the
requirements under Section 3 of the "Illinois Small Business Purchasing
Act", approved September 1, 1972, as now or hereafter amended.
(c) "Customer" means a small business, as herein defined, which has
agreed with a utility to pay for gas, electric, telecommunication, water or
sanitary sewer utility service.
(d) "User" means a small business, as herein defined, which receives
gas, electric, telecommunication, water or sanitary sewer utility service.
(e) "Utility service" means electricity, gas telecommunications, water
or sanitary sewer service supplied by a public utility.
(f) "Public utility" shall have the same meaning as defined in
Section 3 of the "Citizens Utility Board Act", certified December 1, 1983,
as now or hereafter amended.
(g) "Small Business Utility Advocate" or "Advocate" means the person
appointed pursuant to Section 4 of this Act.
(Source: P.A. 84-686.)
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(220 ILCS 40/4) (from Ch. 111 2/3, par. 1204)
Sec. 4.
Small Business Utility Advocate.
(a) There is created the position
of Small Business Utility Advocate. The Governor shall appoint the Small
Business Utility Advocate by and with the advice and consent of the Senate.
In the case of a vacancy in such position during the recess of the Senate
the Governor shall make a temporary appointment until the next meeting of
the Senate, when the Governor shall nominate some person to fill such
position; and any person so nominated and confirmed by the Senate, shall
hold the Small Business Utility Advocate position during the remainder of
the term and until his successor shall be appointed and qualified. The
length of the term of the Advocate shall be 5 years from the first Monday
of February, 1986. Each Advocate shall serve until his successor is appointed
and qualified. The Governor may reappoint the same person as Advocate.
(b) Qualifications. Any Small Business Utility Advocate appointed
pursuant to this Act shall be a resident of the State of Illinois at the time
of his appointment and shall own or operate or shall have owned or operated a
small business as defined by this Act. No person who is a director, officer,
employee or agent or who is a member of the immediate family of a director,
officer, employee or agent of any public utility is eligible to be the
Small Business Utility Advocate. No person who is a director, officer,
employee or agent or is a member of the immediate family of a director,
officer, employee or agent of any not-for-profit organization or trade
association which represents small businesses, large businesses or labor
unions is eligible to be a Small Business Utility Advocate. No Advocate
shall hold any elective position or office, be a candidate for any elective
position or office, be a State public official, be employed by the Illinois
Commerce Commission, be an active director of the Illinois Citizens Utility
Board, be employed by the Illinois Citizens Utility Board, or be employed
in a state government position exempt from the "Personnel Code", approved
July 18, 1955 as now or hereafter amended.
(c) Salary. The Small Business Utility Advocate shall receive an annual
salary as set by the Compensation Review Board but in no case less
than that of a commissioner, other than the Chairman, of the Illinois Commerce Commission.
(Source: P.A. 84-686.)
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(220 ILCS 40/5) (from Ch. 111 2/3, par. 1205)
Sec. 5.
Duties and Powers.
(1) The Small Business Utility Advocate
shall have the following duties:
(a) Represent, protect and promote the interests of the small business
utility customers of this State. All actions of the Advocate under this
Act shall be directed toward such duty. Nothing in this Act shall prevent
the Advocate from cooperating with the Illinois Citizens Utility Board or from
giving due consideration to the general economic development of this State.
(b) Inform and educate, insofar as possible, all small business utility
customers about the duty and mission of the Small Business Utility Advocate.
(c) Work in cooperation with existing state agencies in acting, to the
extent possible, in an ombudsman capacity for the small business utility
customer. Duties in this regard include, but shall not be limited to,
providing information and assistance with regard to utility conservation
measures available to small business; notify the small business community
regarding proceedings before the Commission, appropriate federal regulatory
agencies, the courts, and other public bodies; and provide advice to small
businesses on any matter with respect to utility service.
(d) Actively solicit, to the extent possible, the opinions, comments and
needs of small business with regard to utility service.
(e) Report to the Governor, the General Assembly, the Commission, the
Citizens Utility Board, small businesses and the public on a periodic basis
but in no case less frequent than on the first Monday in December, any
findings, conclusions or recommendations for both legislative or
administrative action. Such reports to the small businesses pursuant to
this Section shall be in a manner as deemed acceptable to the Advocate.
(f) Perform and discharge other duties that may be delegated to the
Advocate by the Governor or prescribed by law.
(2) The Small Business Utility Advocate shall have the following powers:
(a) Adopt rules and regulations as are necessary for the effective
representation, protection and education of the small business utility
customer, including any rules and regulations necessary to carry out the
intent of this Act.
(b) To employ a deputy advocate or deputy advocates and other such
employees and advisors as the Advocate finds necessary and to fix their compensation.
(c) To enter into contracts, commitments or agreements necessary or
incidental to the performance of his duties and the execution of his powers
under this Act.
(d) To accept, solicit and expend gifts, grants, appropriations and
loans for the operation of his office except the Advocate may not accept
any gifts, grants or loans directly or indirectly from any public utility.
(e) To intervene as a party or otherwise participate on behalf of small
business utility customers in any proceeding which affects the interest of
small business utility customers.
(f) To represent, with the cooperation of the Attorney General where
constitutionally required, the interests of small business utility customers
before the Commission, the Federal Energy Regulatory Commission, the
Federal Communications Commission, the courts and other public bodies,
including the General Assembly.
(g) To provide information and advice to small business utility
customers on any matter with respect to utility service, including but not
limited to information and advice on benefits, methods and types of
financing available to small businesses for energy conservation. The
Advocate may also inform small businesses of the aspects of the "Small
Business Utility Deposit Relief Act".
(Source: P.A. 84-686.)
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(220 ILCS 40/6) (from Ch. 111 2/3, par. 1206)
Sec. 6.
Office.
The Governor, or his designee, shall locate office
space for the Small Business Utility Advocate. The Advocate's office and
any staff shall be considered a part of that office originally created
pursuant to Executive Order 3 of 1976.
(Source: P.A. 84-686.)
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(220 ILCS 40/7) (from Ch. 111 2/3, par. 1207)
Sec. 7.
Small Business Utility Advocate's Hotline.
As soon as
practical after the effective date of this Act, but in no case later than
September 1, 1986, the Advocate shall have established a toll free
telephone number or numbers which shall be used for the receipt of
inquiries, comments and suggestions from primarily small business utility
customers. The effectiveness of this Hotline shall be included in the
report required by Section 5 of this Act. In order to effectuate this
Section the Advocate shall, to the extent available resources allow,
promote and advertise this Hotline.
(Source: P.A. 84-686.)
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(220 ILCS 40/8) (from Ch. 111 2/3, par. 1208)
Sec. 8.
The Governor shall include a budgeted dollar amount in each
annual State budget at a level necessary and sufficient for the Advocate to
carry out the intent of this Act.
(Source: P.A. 84-686.)
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(220 ILCS 40/9) (from Ch. 111 2/3, par. 1209)
Sec. 9.
Duties Nontransferable.
The power, duties,
responsibilities and privileges conferred or imposed upon the Small
Business Utility Advocate by this Act may not be transferred.
(Source: P.A. 84-686.)
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(220 ILCS 40/10) (from Ch. 111 2/3, par. 1210)
Sec. 10.
Prohibited Activity.
(a) No person may interfere or
threaten to interfere with or cause any interference with the utility
service of a small business or penalize any person who supplies information
to the Advocate or participates in any of the Advocate's activities, in
retribution for supplying such information or for such participation.
(b) No person may act with intent to prevent, interfere with or hinder
the activities permitted under this Act.
(Source: P.A. 84-686.)
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(220 ILCS 40/11) (from Ch. 111 2/3, par. 1211)
Sec. 11.
Penalties.
A person who knowingly violates any provision of
Section 10 of this Act shall be guilty of a business offense and fined not
more than $1,000. Each such violation shall constitute a separate and
continuing violation of this Act.
(Source: P.A. 84-686.)
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(220 ILCS 40/12) (from Ch. 111 2/3, par. 1212)
Sec. 12.
Neither the Small Business Utility Advocate nor any of his
employees may accept any employment with any public utility subject to
Commission regulation for one year following the termination of his services
with the Small Business Utility Advocate.
(Source: P.A. 84-686.)
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