State of Illinois
90th General Assembly

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[ Senate Amendment 001 ]


      220 ILCS 10/1.5 new
      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
          Amends the Citizens Utility Board  Act.   Authorizes  the
      Board  to  provide  representation  of  consumers of consumer
      services  rather  than  only   utility   service   consumers.
      Consumer   services  include  not  only  traditional  utility
      services, but also information services and other  electronic
      or video services. Defines terms.  Effective immediately.
 1        AN  ACT to amend the Citizens Utility Board Act by adding
 2    Section 1.5 and changing Sections 2, 3, 4, 5, and 6.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The Citizens Utility Board Act is amended by
 6    adding Section 1.5 and changing Sections 2, 3, 4, 5, and 6 as
 7    follows:
 8        (220 ILCS 10/1.5 new)
 9        Sec. 1.5.  Legislative Findings.
10        (a)  The citizens and businesses of the State of Illinois
11    traditionally have been  served  by  comprehensive  electric,
12    gas,  telephone,  telecommunications,  and  water  utilities.
13    These  services  have  historically been subject to State and
14    federal regulation aimed at assuring that  the  citizens  and
15    businesses  receive  safe,  reliable,  and affordable utility
16    services.
17        (b)  The citizens of the  State  of  Illinois  have  been
18    represented  before  State,  federal,  and  other  regulatory
19    authorities  by  the  Citizens  Utility  Board.  The Citizens
20    Utility   Board   has    provided    information,    enhanced
21    understanding,  and  promoted  citizen  participation  in the
22    regulatory process.
23        (c)  Competitive forces  are  affecting  the  market  for
24    electric,  gas,  telephone,  telecommunications,  water,  and
25    other    utility   and   nontraditional   utility   services.
26    Competition in the marketplace may produce new  products  and
27    services   and  lower  costs  for  citizens  of  this  State.
28    Long-standing  regulatory   relations   have   been   altered
29    fundamentally  and  consumers need greater assistance both in
30    understanding the changes and in being protected  during  and
31    after  the  transition  from  a  regulated  marketplace  to a
                            -2-                LRB9010898JSdv
 1    competitive and innovative marketplace.
 2        (d)  With the advent of  increasing  competition  in  all
 3    forms of utility and nontraditional utility services, as well
 4    as  the  introduction  of new, innovative services, the State
 5    has  a  continued  interest  in  assuring  that  the  safety,
 6    reliability,  and  affordability  of  both  traditional   and
 7    nontraditional   utility   services   is  not  sacrificed  to
 8    competitive pressures  and  that  the  public's  interest  is
 9    protected.
10        (e)  A  competitive consumer services market must benefit
11    all Illinois citizens.  Adequate consumer protection must  be
12    in  place  to  ensure  that  all  consumers  benefit from the
13    competitive marketplace in an equitable and timely fashion.
14        (f)  The Legislature  finds  that  the  Citizens  Utility
15    Board  has  provided  consumer  protection  in  the regulated
16    marketplace and that a  vibrant  Citizens  Utility  Board  is
17    necessary   to  ensure  that  residential  consumers  of  all
18    consumer  services  are  protected  and  benefit   from   the
19    competitive marketplace in the future.
20        (220 ILCS 10/2) (from Ch. 111 2/3, par. 902)
21        Sec.  2.   Purpose. The purpose of this Act is to promote
22    the health, welfare and prosperity of  all  the  citizens  of
23    this    State    by   ensuring   effective   and   democratic
24    representation  of  service  utility  consumers  before   the
25    Illinois  Commerce  Commission, the Federal Energy Regulatory
26    Commission,  the  Federal  Communications   Commission,   the
27    courts,  and  other  public bodies, both during and after the
28    transition from a  regulated  environment  to  a  competitive
29    environment  and  by  providing  for  consumer  education  on
30    consumer  utility  service  prices,  practices,  and services
31    offered and on benefits and methods of  energy  conservation.
32    Such  purpose  shall be deemed a statewide interest and not a
33    private or special concern.
                            -3-                LRB9010898JSdv
 1    (Source: P.A. 83-945.)
 2        (220 ILCS 10/3) (from Ch. 111 2/3, par. 903)
 3        Sec. 3.  Definitions. As used in this Act:
 4        "Alternate retail  electric  supplier"  has  the  meaning
 5    given  that  term  in  Section 16-102 of the Public Utilities
 6    Act.
 7        (1)  "Board"  means  the  board  of  directors   of   the
 8    corporation.
 9        (2)  "Campaign  contribution" means a gift, subscription,
10    loan, advance or deposit of money or anything of value,  made
11    for  the  purpose  of electing a candidate to the board; or a
12    contract, a promise or agreement, express or implied, whether
13    or  not   legally   enforceable,   to   make   any   campaign
14    contribution;  but  does  not  include  the value of services
15    provided without compensation by individuals who volunteer  a
16    portion  or  all  of  their  time on behalf of a candidate or
17    political committee, or the use of real or personal  property
18    and  the cost of invitations, food and beverages, voluntarily
19    provided  by  an  individual  to  a  candidate  in  rendering
20    voluntary personal services on the  individual's  residential
21    premises  for  candidate-related activities if the cumulative
22    value of the activities to the individual on  behalf  of  any
23    candidate does not exceed $100 for any elections.
24        (3)  "Campaign  expenditures"  means  a purchase, payment
25    distribution, loan, advance, deposit  or  gift  of  money  or
26    anything  of  value,  made  for  the  purpose  of  electing a
27    candidate to the board; or a contract, promise, or agreement,
28    express or implied, whether or not  legally  enforceable,  to
29    make  any  campaign expenditure; but does not include the use
30    of real or personal property and  the  cost  of  invitations,
31    food  and beverages, voluntarily provided by an individual to
32    a candidate in rendering voluntary personal services  on  the
33    individual's   residential   premises  for  candidate-related
                            -4-                LRB9010898JSdv
 1    activities if the cumulative value of the activities  by  the
 2    individual  on  behalf  of any candidate does not exceed $100
 3    for any election.
 4        (4)  "Class A utility" means any gas, electric  or  water
 5    public  utility with annual total gross operating revenues of
 6    $2.5 million or more or any  telephone  public  utility  with
 7    annual  total  gross operating revenues of $1,600,000 or more
 8    on the effective date of this Act.
 9        "Consumer service" means, without  limitation,  electric,
10    natural   gas,   water,   telephone,  and  telecommunications
11    services  and  information  or  other  electronic  or   video
12    services   supplied  by  a  public  utility,  energy  service
13    provider,  telecommunications  carrier,  information  service
14    provider, or other electronic or video service provider.
15        (5)  "Corporation" means the citizens utility board.
16        (6)  "Director" means any member of the board.
17        (7)  "District"  means  a   corporation   district,   the
18    boundaries  of which are congruent with the boundaries of the
19    Congressional districts in the State.
20        "Electric services" means services sold  by  an  electric
21    service provider.
22        "Electric  service  provider"  means  anyone  who  sells,
23    contracts  to  sell,  or  markets electric power, generation,
24    distribution, transmission, or services  (including  metering
25    and  billing)  in  connection  therewith.   "Electric service
26    provider" includes any electric utility and  any  alternative
27    retail electric supplier.
28        "Electric  utility"  has  the  meaning given that term in
29    Section 16-102 of the Public Utilities Act.
30        "Energy  service  provider"  means  an  electric  service
31    provider, a gas  service  provider,  and  anyone  who  sells,
32    contracts to sell, or markets energy conservation services.
33        "Gas  service provider" means anyone who sells, contracts
34    to sell, distributes, or delivers or markets natural  gas  or
                            -5-                LRB9010898JSdv
 1    services  (including  metering  and  billing)  in  connection
 2    therewith.  Gas service provider includes any gas utility and
 3    gas marketer.
 4        (8)  "Immediate  family"  of  a person means the person's
 5    spouse and legal dependents.
 6        (9)  "Member"  means  any  person   who   satisfies   the
 7    requirements for membership under Section 4.
 8        ((10)  "Periodic  customer  billing"  means  a demand for
 9    payment for  utility  services  by  a  public  utility  to  a
10    residential  utility  consumer  on a monthly or other regular
11    basis.
12        (11)  "Political committee" means  any  committee,  club,
13    association  or  other  group  of persons which make campaign
14    expenditures or receive  campaign  contributions  during  the
15    year before an election of the board.
16        (12)  "Public utility" has the meaning given that term in
17    Section  3-105  of  the Public Utilities Act means any person
18    who  owns,  operates,  manages  or  controls  any  plant   or
19    equipment  or  any  part  of a plant or equipment, within the
20    State, for the conveyance of telephone messages  or  for  the
21    production,  transmission,  delivery  or  furnishing of heat,
22    light, water or power either directly or indirectly to or for
23    the public. "Public utility" includes any person  engaged  in
24    the  transmission or delivery of natural gas for compensation
25    within this  State  by  means  of  pipes  or  mains.  "Public
26    utility" does not include a cooperative association organized
27    for  the   purpose  of  furnishing  telephone  service to its
28    members only. "Public  utility"  does  not  include  electric
29    cooperatives   as   defined  in  Section  3-119  of  "An  Act
30    concerning public utilities",  approved  June  29,  1921,  as
31    amended.  However,  "public  utility" does not include either
32    public utilities that are owned and operated by  a  political
33    subdivision,   public  institution  of  higher  education  or
34    municipal corporation of this State or public utilities  that
                            -6-                LRB9010898JSdv
 1    are  owned  by such political subdivision, public institution
 2    of higher education, or municipal corporation and operated by
 3    any of its lessees or operating agents.
 4        "Service consumer" means any individual or entity,  which
 5    is  not  governmental or a public utility, that is located in
 6    this State, that is furnished with any consumer service,  and
 7    that  is  the  ultimate  user  or  consumer  of  the service.
 8    Service consumer  does  not  include  resellers  of  consumer
 9    services.
10        "Telecommunications  carrier"  has the meaning given that
11    term in Section 13-202 of the Public Utilities Act.
12        "Telecommunications service" has the meaning  given  that
13    term  in  Section  13-203 of the Public Utilities Act, except
14    that it does not include services described in  item  (c)  of
15    that Section.
16        (13)  "Utility  consumer" means any individual or entity,
17    which is not governmental  or  a  public  utility,  which  is
18    located  in  this State and which is furnished with a utility
19    service by a public utility.
20        (14)  "Utility service" means electricity,  natural  gas,
21    water and telephone service supplied by a public utility.
22    (Source: P.A. 84-1308.)
23        (220 ILCS 10/4) (from Ch. 111 2/3, par. 904)
24        Sec.   4.    Citizens   Utility   Board:   formation  and
25    membership.
26        (1)  There is created a nonprofit public  body  corporate
27    and  politic to be known as the "Citizens Utility Board". Any
28    service utility consumer who has submitted a membership  form
29    and has contributed membership dues to the corporation in the
30    preceding  12  months shall be a member of the corporation. A
31    member may resign from membership at any time.
32        (2)  The  board  shall,  upon  certification   of   their
33    nominations  pursuant  to  subsection  (2)  of Section 12 and
                            -7-                LRB9010898JSdv
 1    request by the candidate,  within  5  days  provide  to  each
 2    candidate for election to the board a current list of members
 3    residing  in  the  candidate's  district.   Such  list  shall
 4    include  the  names  and  current addresses of members within
 5    such district, and may be used  by  the  candidate  only  for
 6    election purposes.
 7        (3)  Notwithstanding  any  other provision of this Act or
 8    any other provisions of law,  if  the  corporation  does  not
 9    receive  contributions  from at least 10,000 citizens of this
10    State within 3 years of the effective date of this  Act,  the
11    corporation shall be dissolved.
12    (Source: P.A. 86-101.)
13        (220 ILCS 10/5) (from Ch. 111 2/3, par. 905)
14        Sec. 5.  Powers and duties.
15        (1)  The corporation shall:
16             (a)  Represent  and  protect  the  interests  of the
17        residential service utility consumers of this State.  All
18        actions by  the  corporation  under  this  Act  shall  be
19        directed  toward such duty; provided that the corporation
20        may also give  due  consideration  to  the  interests  of
21        business in the State.
22             (b)  Inform,  in  so  far  as  possible, all service
23        utility consumers about the  corporation,  including  the
24        procedure for obtaining membership in the corporation.
25        (2)  The  corporation shall have all the powers necessary
26    or convenient for the effective representation and protection
27    of the interest of service utility consumers and to implement
28    this Act, including the following powers in addition  to  all
29    other powers granted by this Act.
30             (a)  To  make, amend and repeal bylaws and rules for
31        the regulation of its affairs  and  the  conduct  of  its
32        business;  to  adopt  an  official  seal  and alter it at
33        pleasure; to maintain an office; to sue and  be  sued  in
                            -8-                LRB9010898JSdv
 1        its  own  name,  plead  and be impleaded; and to make and
 2        execute contracts  and  other  instruments  necessary  or
 3        convenient   to   the  exercise  of  the  powers  of  the
 4        corporation.
 5             (b)  To employ such agents,  employees  and  special
 6        advisors   as   it  finds  necessary  and  to  fix  their
 7        compensation.
 8             (c)  To solicit and accept gifts,  loans,  including
 9        loans made by the Illinois Commerce Commission from funds
10        appropriated  for  that  purpose  by law, or other aid in
11        order to support activities concerning the  interests  of
12        service  utility  consumers,  except that the corporation
13        may not  accept  gifts,  loans  or  other  aid  from  any
14        consumer  service  provider  public  utility  or from any
15        director, employee or agent or member  of  the  immediate
16        family  of  a director, employee or agent of any consumer
17        service provider public utility and except that after the
18        first election the corporation may not  accept  from  any
19        individual,    private    corporation,   association   or
20        partnership in any single  year  a  total  of  more  than
21        $1,000  in  gifts.   Under this paragraph, "aid" does not
22        mean payment of membership dues.
23             (d)  To receive without  charge  from  the  Illinois
24        Commerce  Commission  copies  of the initial pleadings in
25        all proceedings before the Illinois  Commerce  Commission
26        and,  if  the  corporation  intervenes  as a party in any
27        proceeding, it shall receive without charge copies of all
28        subsequent pleadings, exhibits, hearings transcripts, and
29        testimony.
30             (e) (d)  To  intervene  as  a  party  or   otherwise
31        participate on behalf of service utility consumers in any
32        proceeding  which affects the interest of service utility
33        consumers.
34             (f)  To promptly receive  from  all  energy  service
                            -9-                LRB9010898JSdv
 1        providers and telecommunications carriers copies, both in
 2        paper  and electronic form, of all tariffs, service rules
 3        and regulations at the time the tariffs,  service  rules,
 4        and  regulations,  and  any  and all revisions, are filed
 5        with the Illinois Commerce Commission.
 6             (g)  To receive from all  energy  service  providers
 7        and  telecommunications  carriers a copy of all marketing
 8        materials used or furnished to consumers in the State  of
 9        Illinois,  including, without limitation, promotional and
10        marketing  materials,  price  offers,   descriptions   of
11        services,   and  standard  form  contracts  prepared  for
12        residential and  small  commercial  retail  customers  as
13        defined in Section 16-102 of the Public Utilities Act.
14             (h) (e)  To   represent  the  interests  of  service
15        utility   consumers   before   the   Illinois    Commerce
16        Commission, the Federal Energy Regulatory Commission, the
17        Federal  Communications Commission, the courts, and other
18        public bodies, except that no director, employee or agent
19        of the corporation may engage in lobbying  without  first
20        complying  with  any  applicable  statute, administrative
21        rule or other regulation relating to lobbying.
22             (i) (f)  To establish annual dues which shall be set
23        at a level  that  provides  sufficient  funding  for  the
24        corporation to effectively perform its powers and duties,
25        and  is  affordable for as many service utility consumers
26        as is possible.
27             (j) (g)  To implement solicitation  for  corporation
28        funding and membership.
29             (k) (h)  To  seek  tax exempt status under State and
30        federal law, including 501(c)(3) status under the  United
31        States Internal Revenue Code.
32             (l) (i)  To   provide   information  and  advice  to
33        service utility consumers on any matter with  respect  to
34        customer  utility  service,  including but not limited to
                            -10-               LRB9010898JSdv
 1        information and advice on benefits and methods of  energy
 2        conservation.
 3             (m)  To provide information on prices, products, and
 4        services and guidelines on purchasing consumer services.
 5        (3)  The  powers, duties, rights and privileges conferred
 6    or imposed upon the  corporation  by  this  Act  may  not  be
 7    transferred.
 8        (4)  The  corporation shall refrain from interfering with
 9    collective bargaining rights of any employees of  a  consumer
10    service provider public utility.
11    (Source: P.A. 83-945.)
12        (220 ILCS 10/6) (from Ch. 111 2/3, par. 906)
13        Sec. 6.  Board.  The corporation shall be managed by, and
14    its powers, functions and duties shall be exercised through a
15    board to be composed as follows:
16        (1)  Election  and  Terms  of  Directors.   The  Citizens
17    Utility  Board Districts shall be divided into two groups for
18    the purpose of establishing terms  for  which  the  Directors
19    shall  be elected in each group. One group shall be comprised
20    of  the  even  numbered  Congressional  Districts.   The  odd
21    numbered Congressional Districts  shall  comprise  the  other
22    group.
23             (a)  The  Interim  Board, within 60 days after their
24        appointment, shall meet and  publicly  by  lot  determine
25        which  group  shall  be  the  first group and which group
26        shall  be  the  second.  The  board  members   or   their
27        successors  from  the  first  group  shall be elected for
28        successive terms of 2 two years, 2 two years and  4  four
29        years;  and  members  or their successors from the second
30        group shall be elected for successive  terms  of  4  four
31        years, 2 two years and 2 two years.
32             (b)  The first election of directors of the board is
33        to  be  held  no  later  than  April 30, 1985. Subsequent
                            -11-               LRB9010898JSdv
 1        elections of directors of the  board  shall  be  held  on
 2        March  31  of  each election year. If March 31 falls on a
 3        weekend or holiday, the election shall occur on the  next
 4        business day following March 31.
 5             (c)  Interim  and  elected board members shall serve
 6        until their successors are elected and have qualified.
 7             (d)  In the year following each decennial census and
 8        within  45  days  after  the  redistricted  Congressional
 9        Districts are enacted, the  board  shall  allocate  terms
10        between  the  2  groups  of  districts publicly by lot as
11        provided  in  paragraph  (a).   Board  members  or  their
12        successors from the first  group  shall  be  elected  for
13        successive terms of two years, four years and four years;
14        and  members  or  their  successors from the second group
15        shall be elected for successive terms of four years, four
16        years, and two years.
17        (2)  Qualifications.  A director shall be a  resident  of
18    the   district  he  or  she  represents  and  member  of  the
19    corporation.  No person who is an employee in any  managerial
20    or supervisory capacity, director, officer or agent or who is
21    a  member  of  the  immediate  family  of  any such employee,
22    director, officer or agent of any consumer  service  provider
23    public utility is eligible to be a director.  No director may
24    hold  any  elective position, be a candidate for any elective
25    position, be a State public  official,  be  employed  by  the
26    Illinois   Commerce   Commission,   or   be   employed  in  a
27    governmental position exempt from the Personnel Code.
28        (3)  Director, Family Member  Employment.   No  director,
29    nor  member  of  his  or  her  immediate family shall, either
30    directly or indirectly, be employed  for  compensation  as  a
31    staff member or consultant of the corporation.
32        (4)  Meetings.   The board shall hold regular meetings at
33    least once every 3 months on such dates and at such places as
34    it may determine.  Special meetings  may  be  called  by  the
                            -12-               LRB9010898JSdv
 1    president  or  by a majority of the directors upon at least 7
 2    days' advance written notice. Unless  otherwise  provided  in
 3    the  bylaws,  a  majority  of  the  board  of directors shall
 4    constitute a quorum; provided,  that  in  no  event  shall  a
 5    quorum  consist  of  less  than  one-third  of  the  board of
 6    directors.  The  act  of  the  majority   of  the  directors,
 7    present  at  a meeting at which a quorum is present, shall be
 8    the act of the board of directors unless the act of a greater
 9    number is required by this Act or bylaws. A  summary  of  the
10    minutes  of  every  board  meeting shall be made available to
11    each  public  library  in  the  State  upon  request  and  to
12    individuals upon request.
13        (5)  Expenses.   A   director   may   not   receive   any
14    compensation  for his or her services but shall be reimbursed
15    for necessary expenses, including travel expenses incurred in
16    the discharge of duties.  The board shall establish  standard
17    allowances  for  mileage, room and meals and the purposes for
18    which such allowances may be made  and  shall  determine  the
19    reasonableness  and  necessity  for such reimbursements.  The
20    board shall include the schedule of such standard  allowances
21    in the annual report under subsection (4) (d) of Section 7.
22        (6)  Bonding.    Directors   and  employees  eligible  to
23    disburse funds shall be bonded.   The  costs  of  such  bonds
24    shall be paid by the corporation.
25    (Source: P.A. 84-1093.)
26        Section  99.  Effective date.  This Act takes effect upon
27    becoming law.

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