Bill Text: IL HB6159 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Citizens Utility Board Act. Provides that the Citizens Utility Board shall represent and protect the interests of the residential utility customers and petroleum customers (now, just residential utility customers) of this State. Makes corresponding changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB6159 Detail]

Download: Illinois-2011-HB6159-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB6159 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED:
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
220 ILCS 10/10 from Ch. 111 2/3, par. 910
220 ILCS 10/11 from Ch. 111 2/3, par. 911
220 ILCS 10/12 from Ch. 111 2/3, par. 912
220 ILCS 10/20 from Ch. 111 2/3, par. 920
220 ILCS 10/21 from Ch. 111 2/3, par. 921
Amends the Citizens Utility Board Act. Provides that the Citizens Utility Board shall represent and protect the interests of the residential utility customers and petroleum customers (now, just residential utility customers) of this State. Makes corresponding changes.
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A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Citizens Utility Board Act is amended by
changing Sections 2, 3, 4, 5, 6, 10, 11, 12, 20, and 21 as
follows:
(220 ILCS 10/2) (from Ch. 111 2/3, par. 902)
Sec. 2. Purpose. The purpose of this Act is to promote the
health, welfare and prosperity of all the citizens of this
State by ensuring effective and democratic representation of
utility consumers before the Illinois Commerce Commission, the
Federal Energy Regulatory Commission, the Federal
Communications Commission, the courts, and other public bodies
and by providing for consumer education on utility service
prices and petroleum prices and on benefits and methods of
energy conservation. Such purpose shall be deemed a statewide
interest and not a private or special concern.
(Source: P.A. 83-945.)
(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.

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(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

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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.
(10.5) "Petroleum consumer" means any individual located
in this State who uses petroleum products, including, but not
limited to, gasoline, diesel fuel, biodiesel, and E-85.
(10.10) "Petroleum provider" means any entity providing
petroleum products to consumers.
(10.15) "Petroleum service" means the movement of
petroleum products for use by petroleum consumers.
(11) "Political committee" means any committee, club,

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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.

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(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.)
(220 ILCS 10/4) (from Ch. 111 2/3, par. 904)
Sec. 4. Citizens utility board: formation and membership.
(1) There is created a nonprofit public body corporate and
politic to be known as the "Citizens Utility Board". Any
utility or petroleum consumer who has submitted a membership
form and has contributed membership dues to the corporation in
the preceding 12 months shall be a member of the corporation. A
member may resign from membership at any time.
(2) The board shall, upon certification of their
nominations pursuant to subsection (2) of Section 12 and
request by the candidate, within 5 days provide to each
candidate for election to the board a current list of members
residing in the candidate's district. Such list shall include
the names and current addresses of members within such
district, and may be used by the candidate only for election
purposes.
(3) Notwithstanding any other provision of this Act or any
other provisions of law, if the corporation does not receive
contributions from at least 10,000 citizens of this State
within 3 years of the effective date of this Act, the
corporation shall be dissolved.
(Source: P.A. 86-101.)

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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 and petroleum 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.
(b) Inform, in so far as possible, all utility and
petroleum consumers about the corporation, including the
procedure for obtaining membership in the corporation.
(2) The corporation shall have all the powers necessary or
convenient for the effective representation and protection of
the interest of utility and petroleum 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 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.
(b) To employ such agents, employees and special

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advisors as it finds necessary and to fix their
compensation.
(c) To solicit and accept gifts, loans, including 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
and petroleum 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 or petroleum
provider 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.
(d) To intervene as a party or otherwise participate on
behalf of utility and petroleum consumers in any proceeding
which affects the interest of utility or petroleum
consumers.
(e) To represent the interests of utility and petroleum
consumers 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

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with any applicable statute, administrative rule or other
regulation relating to lobbying.
(f) To establish annual dues which shall be set at a
level that provides sufficient funding for the corporation
to effectively perform its powers and duties, and is
affordable for as many utility and petroleum consumers as
is possible.
(g) To implement solicitation for corporation funding
and membership.
(h) To seek tax exempt status under State and federal
law, including 501(c)(3) status under the United States
Internal Revenue Code.
(i) To provide information and advice to utility and
petroleum consumers on any matter with respect to utility
or petroleum service, including but not limited to
information and advice on benefits and methods of energy
conservation.
(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.)
(220 ILCS 10/6) (from Ch. 111 2/3, par. 906)

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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

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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 or any petroleum provider 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

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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 10/10) (from Ch. 111 2/3, par. 910)
Sec. 10. Prohibited Acts.
(1) No person may interfere or threaten to interfere with
or cause any interference with utility service or petroleum
service or with the utility service or petroleum service of or
penalize any person who contributes to the corporation or
participates in any of its activities, in retribution for such
contribution or participation.
(2) No person may act with intent to prevent, interfere
with or hinder the activities permitted under this Act.
(3) A person who violates this Section may be fined not
more than $1,000. Each such violation shall constitute a
separate and continuing violation of this Act. A person who
knowingly and wilfully violates this Section may be imprisoned
not more than 6 months.
(Source: P.A. 83-945.)
(220 ILCS 10/11) (from Ch. 111 2/3, par. 911)
Sec. 11. Appointment of Interim Board of Directors.
(1) Within 90 days after the effective date of this Act, an
interim board of directors shall be appointed. The Board shall
consist of 11 members. The Governor shall appoint 3 members.
The President of the Senate, the Speaker of the House, the
Minority Leader of the Senate and the Minority Leader of the
House shall each appoint 2 members. The appointees shall
reflect the geographical diversity of this State and shall

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include representation from minority groups, low-income
persons, labor organizations, business, women and senior
citizens. No interim director appointed under this Section may
hold an elective position, be a candidate for any elective
position, or be a State public official.
(2) The interim board appointed under this Section shall:
(a) As soon as possible after appointment, organize for
the transaction of business.
(b) Inform the utility and petroleum consumers of this
State of the existence, nature and purposes of the
corporation, and encourage utility and petroleum consumers
to join the corporation, to participate in the
corporation's activities and to contribute to the
corporation.
(c) Establish annual dues to be in effect until such
time as an elected board assumes the duty as provided in
paragraph (2) (f) of Section 5.
(d) Elect officers as provided under Section 12.
(e) Employ such staff as the interim directors deem
necessary to carry out the purposes of this Section. The
interim board appointed under this Section shall follow the
procedures required under Section 7.2 if it hires an
executive director of the corporation.
(f) Make all necessary preparations for the first
election of directors, oversee the election campaign and
tally the votes under Section 12.

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(g) Solicit funds for the corporation.
(h) Carry out all other duties and exercise all other
powers accorded to the board under this Act including the
powers given to the corporation under Section 9.
(Source: P.A. 83-945.)
(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

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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

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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, petroleum, 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

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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

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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

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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.

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(Source: P.A. 84-1093.)
(220 ILCS 10/20) (from Ch. 111 2/3, par. 920)
Sec. 20. Liability of public utility. No public utility or
petroleum provider shall be liable on any claim based on any
action it is required to take to be in compliance with this
Act.
(Source: P.A. 83-945.)
(220 ILCS 10/21) (from Ch. 111 2/3, par. 921)
Sec. 21. Home rule preemption. The provisions of this Act
are declared to be an exclusive exercise of power by the State
of Illinois pursuant to paragraphs (h) or (i) of Section 6 of
Article VII of the Illinois Constitution. No home rule unit may
impose any requirement or regulation on any public utility or
petroleum provider inconsistent with or in addition to the
requirements or regulations set forth in this Act.
(Source: P.A. 83-945.)