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|[ Senate Amendment 001 ]|
90_SB1387 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. LRB9010898JSdv LRB9010898JSdv 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
utilityconsumers 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 utilityservice 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 water5 public utility with annual total gross operating revenues of6 $2.5 million or more or any telephone public utility with7 annual total gross operating revenues of $1,600,000 or more8 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 for9 payment for utility services by a public utility to a10 residential utility consumer on a monthly or other regular11 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 person18 who owns, operates, manages or controls any plant or19 equipment or any part of a plant or equipment, within the20 State, for the conveyance of telephone messages or for the21 production, transmission, delivery or furnishing of heat,22 light, water or power either directly or indirectly to or for23 the public. "Public utility" includes any person engaged in24 the transmission or delivery of natural gas for compensation25 within this State by means of pipes or mains. "Public26 utility" does not include a cooperative association organized27 for the purpose of furnishing telephone service to its28 members only. "Public utility" does not include electric29 cooperatives as defined in Section 3-119 of "An Act30 concerning public utilities", approved June 29, 1921, as31 amended. However, "public utility" does not include either32 public utilities that are owned and operated by a political33 subdivision, public institution of higher education or34 municipal corporation of this State or public utilities that-6- LRB9010898JSdv 1 are owned by such political subdivision, public institution2 of higher education, or municipal corporation and operated by3 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 is18 located in this State and which is furnished with a utility19 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 utilityconsumer 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 utilityconsumers 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 utilityconsumers 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 utilityconsumers 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 utilityconsumers, except that the corporation 13 may not accept gifts, loans or other aid from any 14 consumer service provider public utilityor 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 utilityand 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 utilityconsumers in any 32 proceeding which affects the interest of service utility33 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 utilityconsumers 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 utilityconsumers 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 utilityconsumers on any matter with respect to 34 customer utilityservice, 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 twoyears, 2 twoyears and 4 four29 years; and members or their successors from the second 30 group shall be elected for successive terms of 4 four31 years, 2 twoyears and 2 twoyears. 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 utilityis 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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