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91_HB2646
LRB9101115JSpc
1 AN ACT to amend the Public Utilities Act by changing
2 Sections 2-101, 9-103, 10-102, 10-108, and 10-112 and adding
3 Section 3-122.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Public Utilities Act is amended by
7 changing Sections 2-101, 9-103, 10-102, 10-108, and 10-112
8 and adding Section 3-122 as follows:
9 (220 ILCS 5/2-101) (from Ch. 111 2/3, par. 2-101)
10 Sec. 2-101. Commerce Commission created. There is
11 created an Illinois Commerce Commission consisting of 5
12 members not more than 3 of whom shall be members of the same
13 political party at the time of appointment. The Governor
14 shall appoint the members of such Commission by and with the
15 advice and consent of the Senate. In case of a vacancy in
16 such office during the recess of the Senate the Governor
17 shall make a temporary appointment until the next meeting of
18 the Senate, when he shall nominate some person to fill such
19 office; and any person so nominated who is confirmed by the
20 Senate, shall hold his office during the remainder of the
21 term and until his successor shall be appointed and
22 qualified. Each member of the Commission shall hold office
23 for a term of 5 years from the third Monday in January of the
24 year in which his predecessor's term expires.
25 Notwithstanding any provision of this Section to the
26 contrary, the term of office of each member of the Commission
27 is terminated on the effective date of this amendatory Act of
28 1995, but the incumbent members shall continue to exercise
29 all of the powers and be subject to all of the duties of
30 members of the Commission until their respective successors
31 are appointed and qualified. Of the members initially
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1 appointed under the provisions of this amendatory Act of
2 1995, one member shall be appointed for a term of office
3 which shall expire on the third Monday of January, 1997; 2
4 members shall be appointed for terms of office which shall
5 expire on the third Monday of January, 1998; one member shall
6 be appointed for a term of office which shall expire on the
7 third Monday of January, 1999; and one member shall be
8 appointed for a term of office which shall expire on the
9 third Monday of January, 2000. Each respective successor
10 shall be appointed for a term of 5 years from the third
11 Monday of January of the year in which his predecessor's term
12 expires in accordance with the provisions of the first
13 paragraph of this Section.
14 Each member shall serve until his successor is appointed
15 and qualified, except that if the Senate refuses to consent
16 to the appointment of any member, such office shall be
17 deemed vacant, and within 2 weeks of the date the Senate
18 refuses to consent to the reappointment of any member, such
19 member shall vacate such office. The Governor shall from time
20 to time designate the member of the Commission who shall be
21 its chairman. Consistent with the provisions of this Act, the
22 Chairman shall be the chief executive officer of the
23 Commission for the purpose of ensuring that the Commission's
24 policies are properly executed.
25 Four members A majority of the Commission shall
26 constitute a quorum to transact business, but no vacancy
27 shall impair the right of the remaining commissioners to
28 exercise all of the powers of the Commission; and every
29 finding, order or decision approved by a majority of the
30 members of the Commission shall be deemed to be the finding,
31 order or decision of the Commission.
32 (Source: P.A. 89-429, eff. 12-15-95.)
33 (220 ILCS 5/3-122 new)
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1 Sec. 3-122. Electronic. "Electronic" includes
2 electrical, digital, magnetic, optical, electromagnetic, or
3 any other form of technology that entails capabilities
4 similar to these technologies.
5 (220 ILCS 5/9-103) (from Ch. 111 2/3, par. 9-103)
6 Sec. 9-103. Posting of rate schedules. Subject to such
7 rules and regulations as the Commission may prescribe, the
8 schedules referred to in Section 9-102 shall be plainly
9 printed, mimeographed or typewritten in large type, and a
10 copy thereof shall be posted or kept on file in every office
11 of a public utility where the public transacts business with
12 such public utility. Any or all of such schedules kept as
13 aforesaid shall be immediately produced by such public
14 utility for inspection upon the demand of any person. A
15 notice printed in bold type, in size prescribed by the
16 Commission, stating that such schedules are on file with the
17 agent and open to inspection by any person, and that the
18 agent will assist any person to determine from such schedules
19 any rates or other charges, classification, rules or
20 regulations in force, shall be kept posted by the public
21 utility in two public and conspicuous places in every such
22 office. The form of every such schedule shall be prescribed
23 by the Commission: Provided, that in lieu of filing the
24 entire schedule in each office, any public utility may,
25 subject to the regulations of the Commission, file or keep
26 posted at such office, schedules of such rates or other
27 charges, classifications, rules and regulations relating
28 thereto, as are applicable at, to and from the place where
29 such office is located.
30 The Commission may determine and prescribe the form in
31 which the schedules required by this Act to be filed with the
32 Commission and to be kept open to public inspection shall be
33 prepared and arranged, and may change the form from time to
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1 time if it shall be found expedient.
2 (Source: P.A. 84-617; 84-1025.)
3 (220 ILCS 5/10-102) (from Ch. 111 2/3, par. 10-102)
4 Sec. 10-102. Open meetings. All meetings of the
5 Commission shall be conducted pursuant to the provisions of
6 the Open Meetings Act. Whenever the Commission, pursuant to
7 such Act, closes any meeting, or portion of any meeting, it
8 shall arrange for all discussions, deliberations and meetings
9 so closed to be transcribed verbatim by a stenographer,
10 certified court reporter, or similar means. The Commission
11 shall review and approve such transcripts within 30 days of
12 the date of the closed meeting, and when, in its judgment,
13 the exception of the Open Meetings Act relied upon for
14 authorizing the closing of such meeting, as recorded pursuant
15 to Section 2a of the Open Meetings Act, is no longer
16 applicable, such transcripts shall be made available to the
17 public. Any party to a Commission proceeding shall be given
18 access to the transcript of any closed meeting pertaining to
19 such proceeding prior to the expiration of the time within
20 which his application for rehearing must be filed, upon the
21 signing of an appropriate protective agreement.
22 (Source: P.A. 84-617.)
23 (220 ILCS 5/10-108) (from Ch. 111 2/3, par. 10-108)
24 Sec. 10-108. Complaints; notice; parties. Complaint may
25 be made by the Commission, of its own motion or by any person
26 or corporation, chamber of commerce, board of trade, or any
27 industrial, commercial, mercantile, agricultural or
28 manufacturing society, or any body politic or municipal
29 corporation by petition or complaint in writing, setting
30 forth any act or things done or omitted to be done in
31 violation, or claimed to be in violation, of any provision of
32 this Act, or of any order or rule of the Commission. In the
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1 discretion of the Commission, matters presented by one
2 complaint may be ordered separated, and matters upon which
3 complaint may be founded may be joined. No objection shall be
4 sustained to a separation merely because the matters
5 separated are under the ownership, control or management of
6 the same persons or corporation. No complaint shall be
7 dismissed because of the absence of direct damage to the
8 complainant.
9 Upon the filing of a complaint the Commission shall cause
10 a copy thereof to be served upon the person or corporation
11 complained of which shall be accompanied by a notice
12 requiring that the complaint be satisfied and answered within
13 a reasonable time to be specified by the Commission or within
14 the discretion of the Commission, by a notice fixing a time
15 when and place where a hearing will be had upon such
16 complaint. Notice of the time and place shall also be given
17 to the complainant and to such other persons as the
18 Commission shall deem necessary. The Commission shall have
19 authority to hear and investigate any complaint
20 notwithstanding the fact that the person or corporation
21 complained of may have satisfied the complaint.
22 The time fixed for such hearing shall not be less than
23 ten days after the date of the service of such notice and
24 complaint except as herein provided. Service in all hearings,
25 investigations, and proceedings before the Commission may be
26 made upon any person upon whom a summons may be served in
27 accordance with the provisions of the Civil Practice Law and
28 all existing and future amendments thereto and modifications
29 thereof and the Supreme Court Rules now or hereafter adopted
30 in relation to that Law, and may be made personally, by
31 electronic means, or by mailing same in the United States
32 mail in a sealed envelope with postage prepaid. The
33 provisions of this section as to notice shall apply to all
34 hearings held by the Commission or under its authority.
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1 Any public utility shall have a right to complain on any
2 of the grounds upon which complaints are allowed to be filed
3 by other parties, and the same procedure shall be adopted and
4 followed as in other cases.
5 All cities shall have power to appear as complainants or
6 to make application before the Illinois Commerce Commission
7 for an inquiry, investigation or hearing relating to the
8 rates or other charges or services of public utilities within
9 such city; and in case of any inquiry, investigation or
10 hearing by or before the Illinois Commerce Commission on any
11 matter relating to the rates or other charges or services
12 within any city, the city shall receive written notice not
13 less than ten days before such inquiry, investigation or
14 hearing, and shall be entitled to appear and present evidence
15 relating to the subject matter of such inquiry, investigation
16 or hearing. Such notice shall be served upon the city clerk,
17 and upon the city attorney or head of the law department of
18 the city.
19 Whenever there shall be filed a complaint under Article
20 IX of this Act regarding the rates, charges, classifications
21 or services of a public utility, the Commission shall make
22 and render findings concerning the subject matter and facts
23 complained of and enter its order based thereon not later
24 than one year after the filing of such complaint unless all
25 parties to the complaint proceeding under Article IX agree to
26 a period of greater than one year, provided that any
27 agreement to extend the one year period must be in writing
28 and must be for a specified period of time not exceeding 60
29 days. The parties may enter into more than one agreement to
30 extend time.
31 In the event that the Commission fails to enter its order
32 within one year after the filing of the complaint or upon the
33 expiration of the last agreement to extend time, any party
34 may file a complaint in the circuit court for an emergency
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1 order of mandamus to direct and compel the Commission to
2 enter its order within 60 days of the expiration of the one
3 year period or within 60 days of the expiration of the last
4 agreement to extend time, and the court shall set a schedule
5 to enable the Commission to complete the case and enter an
6 order within the time frame specified herein. Summons upon
7 the complaint shall be returnable within 5 days. The
8 complaint for an order of mandamus shall be brought in the
9 circuit in which the subject matter of the complaint is
10 situated or, if the subject matter of the hearing is situated
11 in more than one circuit, then in any one of those circuits.
12 (Source: P.A. 87-164.)
13 (220 ILCS 5/10-112) (from Ch. 111 2/3, par. 10-112)
14 Sec. 10-112. Service of Commission orders. Every order
15 of the Commission shall be served upon every person or
16 corporation to be affected thereby, either by personal
17 delivery of a certified copy thereof, or by mailing in the
18 United States mail a certified copy thereof, in a sealed
19 package with postage prepaid, or by electronic means to the
20 person to be affected thereby or in the case of a
21 corporation, to any officer or agent thereof upon whom a
22 summons of a circuit court may be served in a civil action.
23 Where such persons or corporations, or both, exceed 3 in
24 number, service as herein provided may be upon the attorneys
25 or representatives of record, if there be any; and in any
26 event, mailing in the United States mail as herein provided,
27 shall constitute service, without additional proof of a
28 receipt of such certified copy or copies of such order. It
29 shall be the duty of every person and corporation to notify
30 the Commission forthwith, in writing, of the receipt of the
31 certified copy of every order so served, and in case of a
32 corporation such notification must be signed and acknowledged
33 by a person or officer duly authorized by the corporation to
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1 admit such service. Within a time specified in the order of
2 the Commission every person and corporation upon whom it is
3 served must, if so required in the order, notify the
4 Commission in like manner whether the terms of the order are
5 accepted and will be obeyed.
6 (Source: P.A. 84-617.)
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.