Illinois 94th Regular Session Status: Enacted

SB 96 — PUBLIC UTILITIES-DEFINITION

Last action — Public Act . . . . . . . . . 94-0076

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 26, 2005. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    0 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Public Utilities Act. Provides that the term "public utility" does not include the ownership or operation of a facility that distributes primarily propane by pipeline and sells it at retail, except in cases where there is no alternative source of propane reasonably available to the customers being served. Effective immediately.

Bill Text

What changed in the latest version

9 added · 80 removed

Plain-language change summary

The updated version of Bill SB 96 removes a large section that defines what constitutes a "public utility" in Illinois, which included various types of companies engaged in providing essential services. Additionally, it updates the repeal date for a specific section to 2007 instead of 2005. These changes simplify the bill by potentially removing outdated definitions, which matters because it could streamline regulations for public utilities and ensure they align with current practices.

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Previous
Latest
SB0096 Engrossed LRB094 06583 MKM 36674 b AN ACT concerning regulation.
SB0096 Enrolled LRB094 06583 MKM 36674 b AN ACT concerning regulation.
The Public Utilities Act is amended by changing Section 3-105 as follows:
The Public Utilities Act is amended by changing Section 13-1200 as follows:
(220 ILCS 5/3-105) (from Ch.
(220 ILCS 5/13-1200) (Section scheduled to be repealed on July 1, 2005) Sec.
111 2/3, par.
13-1200.
3-105) Sec.
Repealer.
3-105.
This Article is repealed July 1, 2007 2005.
Public utility.
"Public utility" means and includes, except where otherwise expressly provided in this Section, every corporation, company, limited liability company, association, joint stock company or association, firm, partnership or individual, their lessees, trustees, or receivers appointed by any court whatsoever that owns, controls, operates or manages, within this State, directly or indirectly, for public use, any plant, equipment or property used or to be used for or in connection with, or owns or controls any franchise, license, permit or right to engage in:
a.
the production, storage, transmission, sale, delivery or furnishing of heat, cold, power, electricity, water, or light, except when used solely for communications purposes;
b.
the disposal of sewerage;
or c.
the conveyance of oil or gas by pipe line.
"Public utility" does not include, however:
1.
public utilities that are owned and operated by any 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;
2.
water companies which are purely mutual concerns, having no rates or charges for services, but paying the SB0096 Engrossed - 2 - LRB094 06583 MKM 36674 b operating expenses by assessment upon the members of such a company and no other person;
3.
electric cooperatives as defined in Section 3-119;
4.
residential natural gas cooperatives that are not-for-profit corporations established for the purpose of administering and operating, on a cooperative basis, the furnishing of natural gas to residences for the benefit of their members who are residential consumers of natural gas.
For entities qualifying as residential natural gas cooperatives and recognized by the Illinois Commerce Commission as such, the State shall guarantee legally binding contracts entered into by residential natural gas cooperatives for the express purpose of acquiring natural gas supplies for their members.
The Illinois Commerce Commission shall establish rules and regulations providing for such guarantees.
The total liability of the State in providing all such guarantees shall not at any time exceed $1,000,000, nor shall the State provide such a guarantee to a residential natural gas cooperative for more than 3 consecutive years;
5.
sewage disposal companies which provide sewage disposal services on a mutual basis without establishing rates or charges for services, but paying the operating expenses by assessment upon the members of the company and no others;
6.
(Blank);
7.
cogeneration facilities, small power production facilities, and other qualifying facilities, as defined in the Public Utility Regulatory Policies Act and regulations promulgated thereunder, except to the extent State regulatory jurisdiction and action is required or authorized by federal law, regulations, regulatory decisions or the decisions of federal or State courts of competent jurisdiction;
8.
the ownership or operation of a facility that sells compressed natural gas at retail to the public for use only SB0096 Engrossed - 3 - LRB094 06583 MKM 36674 b as a motor vehicle fuel and the selling of compressed natural gas at retail to the public for use only as a motor vehicle fuel;
and 9.
alternative retail electric suppliers as defined in Article XVI;
and.
10.
the ownership or operation of a facility that distributes primarily propane by pipeline and sells it at retail, except in cases where there is no alternative source of propane reasonably available to the customers being served.
89-42, eff.
92-22, eff.
Show all 43 changed rows (3 more)
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Latest
1-1-96;
6-30-01.) Section 99.
90-561, eff.
12-16-97.) Section 99.
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 94-0076

  2. Effective Date June 24, 2005

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Floor Amendment No. 3 Senate Concurs 058-000-000

  7. House Committee Amendment No. 1 Senate Concurs 058-000-000

  8. Added as Chief Co-Sponsor Sen. Martin A. Sandoval

  9. House Floor Amendment No. 3 Motion To Concur Recommended Do Adopt Executive; 013-000-000

  10. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 013-000-000

  11. House Floor Amendment No. 3 Motion to Concur Rules Referred to Executive

  12. House Committee Amendment No. 1 Motion to Concur Rules Referred to Executive

  13. House Floor Amendment No. 3 Motion to Concur Referred to Rules

  14. House Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. James F. Clayborne, Jr.

  15. House Committee Amendment No. 1 Motion to Concur Referred to Rules

  16. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. James F. Clayborne, Jr.

  17. Placed on Calendar Order of Concurrence House Amendment(s) 01,03-May 31, 2005

  18. Secretary's Desk - Concurrence House Amendment(s) 01,03

  19. House Floor Amendment No. 2 Tabled Pursuant to Rule 40(a)

  20. Third Reading - Standard Debate - Passed 111-000-002

  21. Placed on Calendar Order of 3rd Reading - Standard Debate

  22. House Floor Amendment No. 3 Adopted by Voice Vote

  23. Added Alternate Chief Co-Sponsor Rep. Julie Hamos

  24. Added Alternate Co-Sponsor Rep. Daniel J. Burke

  25. Alternate Chief Co-Sponsor Removed Rep. Daniel J. Burke

  26. House Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 003-002-000

  27. House Floor Amendment No. 3 Referred to Rules Committee

  28. House Floor Amendment No. 3 Filed with Clerk by Rep. James D. Brosnahan

  29. Added Alternate Chief Co-Sponsor Rep. Edward J. Acevedo

  30. Added Alternate Chief Co-Sponsor Rep. Kevin A. McCarthy

  31. Added Alternate Chief Co-Sponsor Rep. James H. Meyer

  32. House Floor Amendment No. 2 Referred to Rules Committee

  33. House Floor Amendment No. 2 Filed with Clerk by Rep. James D. Brosnahan

  34. Alternate Chief Co-Sponsor Changed to Rep. Daniel J. Burke

  35. Held on Calendar Order of Second Reading - Standard Debate

  36. Second Reading - Standard Debate

  37. Placed on Calendar 2nd Reading - Standard Debate

  38. Do Pass as Amended / Standard Debate Executive Committee; 008-005-000

  39. House Committee Amendment No. 1 Adopted in Executive Committee; by Voice Vote

  40. House Committee Amendment No. 1 Filed with Clerk by Executive Committee

  41. Motion to Suspend Rule 25 - Prevailed

  42. Added Alternate Chief Co-Sponsor Rep. Daniel J. Burke

  43. Alternate Chief Sponsor Changed to Rep. James D. Brosnahan

  44. Motion to Suspend Rule 25 - Prevailed

  45. Assigned to Executive Committee

  46. Final Action Deadline Extended-9(b) May 31, 2005

  47. Rule 19(a) / Re-referred to Rules Committee

  48. Assigned to Executive Committee

  49. Referred to Rules Committee

  50. First Reading

  51. Chief House Sponsor Rep. Thomas Holbrook

  52. Placed on Calendar Order of First Reading

  53. Arrived in House

  54. Third Reading - Passed; 058-000-000

  55. Placed on Calendar Order of 3rd Reading April 7, 2005

  56. Second Reading

  57. Placed on Calendar Order of 2nd Reading March 3, 2005

  58. Do Pass Environment & Energy; 011-000-000

  59. Postponed - Environment & Energy

  60. Assigned to Environment & Energy

  61. Referred to Rules

  62. First Reading

  63. Filed with Secretary by Sen. James F. Clayborne, Jr.

Sponsors

  • Jr. James F. Clayborne · Cosponsor
  • Daniel J. Burke · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 2 co-sponsors · 181 not signed on

Sponsors (0)

None.

Co-sponsors (2)

  • James F. Clayborne, Jr.
  • Daniel J. Burke

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 52001
Democrat 5000
Republican 1000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Geo-Karis — Yea
Halvorson — Yea
Lauzen — Yea
Link — Yea
Luechtefeld — Yea
Meeks — Yea
Pankau — Yea
Munoz — Yea
Brady — Yea
Peterson — Yea
Sullivan, D. — Yea
Schoenberg — Yea
Shadid — Yea
Sullivan, J. — Yea
Petka — Yea
Sieben — Yea
Silverstein — Yea
Jacobs — Yea
Trotter — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Viverito — Yea
Wilhelmi — Yea
Demuzio — Yea
Winkel — Yea
Wojcik — Not Voting
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Forby — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Radogno — Yea
Raoul — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 111 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 99007
Democrat 9000
Republican 3000
Total 111007
% of votes cast 94%0%0%6%
How each member voted (118)
Member Party Vote
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Schock — Yea
Scully — Yea
Sommer — Yea
Soto — Yea
Krause — Yea
Madigan — Yea
Acevedo — Yea
Bassi — Yea
Mathias — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Black — Yea
Boland — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Mendoza — Yea
Moffitt — Yea
Eddy — Yea
Granberg — Yea
Nekritz — Yea
Jakobsson — Yea
Jenisch — Yea
Leitch — Yea
Lindner — Yea
Bailey — Yea
Lyons, Eileen — Yea
Reitz — Yea
Lyons, Joseph — Yea
Dugan — Yea
Dunn — Yea
Mautino — Yea
May — Yea
McAuliffe — Yea
McCarthy — Yea
Meyer — Yea
Millner — Yea
Molaro — Yea
Mulligan — Yea
Myers — Yea
McGuire — Yea
Osmond — Yea
Tenhouse — Yea
Bradley, John — Yea
Tryon — Yea
Bradley, Richard — Yea
Turner — Yea
Brady — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Mitchell, Bill — Yea
Hannig — Yea
Burke — Yea
Sullivan — Yea
Mitchell, Jerry — Yea
Howard — Yea
Watson — Yea
Chavez — Yea
Churchill — Yea
Colvin — Yea
Coulson — Yea
Cross — Yea
Cultra — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Giles — Yea
Gordon — Yea
Graham — Yea
Hamos — Yea
Hassert — Yea
Holbrook — Yea
Hultgren — Yea
Lang — Not Voting
Davis, Monique — Yea
Jones — Not Voting
McKeon — Not Voting
Munson — Not Voting
Parke — Yea
Phelps — Yea
Pihos — Not Voting
Yarbrough — Yea
Younge — Yea
Currie — Yea
D'Amico — Yea
Daniels — Yea
Dunkin — Not Voting
Jefferson — Not Voting
Kosel — Yea
Osterman — Yea
Patterson — Yea
Poe — Yea
Pritchard — Yea
Reis — Yea
Ryg — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Concurrence

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 52001
Democrat 5000
Republican 1000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Schoenberg — Yea
Shadid — Yea
Sieben — Yea
Silverstein — Yea
Link — Yea
Althoff — Yea
Bomke — Yea
Burzynski — Yea
Halvorson — Yea
Martinez — Yea
Meeks — Yea
Peterson — Yea
Munoz — Yea
Brady — Yea
Sullivan, D. — Yea
Sullivan, J. — Yea
Petka — Yea
Clayborne — Yea
Garrett — Yea
Geo-Karis — Yea
Haine — Yea
Hendon — Yea
Lauzen — Yea
Jacobs — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Luechtefeld — Yea
Demuzio — Yea
Maloney — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Winkel — Yea
Wojcik — Not Voting
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Forby — Yea
Pankau — Yea
Radogno — Yea
Raoul — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 52001
Democrat 5000
Republican 1000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Link — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Forby — Yea
Halvorson — Yea
Lauzen — Yea
Luechtefeld — Yea
Meeks — Yea
Pankau — Yea
Munoz — Yea
Peterson — Yea
Brady — Yea
Schoenberg — Yea
Sullivan, D. — Yea
Shadid — Yea
Sieben — Yea
Sullivan, J. — Yea
Petka — Yea
Silverstein — Yea
Trotter — Yea
Jacobs — Yea
Viverito — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Wilhelmi — Yea
Winkel — Yea
Demuzio — Yea
Wojcik — Not Voting
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Garrett — Yea
Geo-Karis — Yea
Haine — Yea
Hendon — Yea
Radogno — Yea
Raoul — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 96 do?
Amends the Public Utilities Act. Provides that the term "public utility" does not include the ownership or operation of a facility that distributes primarily propane by pipeline and sells it at retail, except in cases where there is no alternative source of propane reasonably available to the customers being served. Effective immediately.
Who sponsors SB 96?
SB 96 is sponsored by James F. Clayborne, Jr. and Daniel J. Burke.
What is the current status of SB 96?
This bill has been enacted into law. Introduced January 26, 2005. Enacted.
Where can I track SB 96?
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