PUBLIC UTILITIES-DEFINITION
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SB 96 — PUBLIC UTILITIES-DEFINITION
Last action — Public Act . . . . . . . . . 94-0076
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 26, 2005. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
0 primary, 2 co-sponsors signed on.
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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 removedPlain-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 These changes simplify the bill by potentially removing outdated definitions, which matters because it could streamline regulations for public utilities and ensure they align with current practices.
SB0096 EngrossedEnrolled LRB094 06583 MKM 36674 b AN ACT concerning regulation.
The Public Utilities Act is amended by changing Section 3-10513-1200 as follows:
(220 ILCS 5/3-105)5/13-1200) (from(Section Ch.scheduled to be repealed on July 1, 2005) Sec.
11113-1200. 2/3, par.
3-105)Repealer. Sec.
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.
89-42,92-22, eff.
Show all 43 changed lines (3 more)
1-1-96;6-30-01.) Section 99.
90-561, eff.
12-16-97.) Section 99.
Show all 43 changed rows (3 more)
Action History
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Public Act . . . . . . . . . 94-0076
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Effective Date June 24, 2005
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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House Floor Amendment No. 3 Senate Concurs 058-000-000
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House Committee Amendment No. 1 Senate Concurs 058-000-000
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Added as Chief Co-Sponsor Sen. Martin A. Sandoval
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House Floor Amendment No. 3 Motion To Concur Recommended Do Adopt Executive; 013-000-000
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House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 013-000-000
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House Floor Amendment No. 3 Motion to Concur Rules Referred to Executive
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House Committee Amendment No. 1 Motion to Concur Rules Referred to Executive
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House Floor Amendment No. 3 Motion to Concur Referred to Rules
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House Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. James F. Clayborne, Jr.
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House Committee Amendment No. 1 Motion to Concur Referred to Rules
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House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. James F. Clayborne, Jr.
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Placed on Calendar Order of Concurrence House Amendment(s) 01,03-May 31, 2005
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Secretary's Desk - Concurrence House Amendment(s) 01,03
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House Floor Amendment No. 2 Tabled Pursuant to Rule 40(a)
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Third Reading - Standard Debate - Passed 111-000-002
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Placed on Calendar Order of 3rd Reading - Standard Debate
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House Floor Amendment No. 3 Adopted by Voice Vote
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Added Alternate Chief Co-Sponsor Rep. Julie Hamos
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Added Alternate Co-Sponsor Rep. Daniel J. Burke
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Alternate Chief Co-Sponsor Removed Rep. Daniel J. Burke
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House Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 003-002-000
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House Floor Amendment No. 3 Referred to Rules Committee
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House Floor Amendment No. 3 Filed with Clerk by Rep. James D. Brosnahan
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Added Alternate Chief Co-Sponsor Rep. Edward J. Acevedo
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Added Alternate Chief Co-Sponsor Rep. Kevin A. McCarthy
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Added Alternate Chief Co-Sponsor Rep. James H. Meyer
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House Floor Amendment No. 2 Referred to Rules Committee
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House Floor Amendment No. 2 Filed with Clerk by Rep. James D. Brosnahan
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Alternate Chief Co-Sponsor Changed to Rep. Daniel J. Burke
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Held on Calendar Order of Second Reading - Standard Debate
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Second Reading - Standard Debate
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Placed on Calendar 2nd Reading - Standard Debate
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Do Pass as Amended / Standard Debate Executive Committee; 008-005-000
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House Committee Amendment No. 1 Adopted in Executive Committee; by Voice Vote
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House Committee Amendment No. 1 Filed with Clerk by Executive Committee
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Motion to Suspend Rule 25 - Prevailed
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Added Alternate Chief Co-Sponsor Rep. Daniel J. Burke
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Alternate Chief Sponsor Changed to Rep. James D. Brosnahan
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Motion to Suspend Rule 25 - Prevailed
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Assigned to Executive Committee
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Final Action Deadline Extended-9(b) May 31, 2005
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Rule 19(a) / Re-referred to Rules Committee
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Assigned to Executive Committee
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Referred to Rules Committee
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First Reading
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Chief House Sponsor Rep. Thomas Holbrook
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Placed on Calendar Order of First Reading
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Arrived in House
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Third Reading - Passed; 058-000-000
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Placed on Calendar Order of 3rd Reading April 7, 2005
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Second Reading
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Placed on Calendar Order of 2nd Reading March 3, 2005
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Do Pass Environment & Energy; 011-000-000
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Postponed - Environment & Energy
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Assigned to Environment & Energy
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Referred to Rules
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First Reading
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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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 52 | 0 | 0 | 1 |
| Democrat | 5 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 58 | 0 | 0 | 1 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 99 | 0 | 0 | 7 |
| Democrat | 9 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 111 | 0 | 0 | 7 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 52 | 0 | 0 | 1 |
| Democrat | 5 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 58 | 0 | 0 | 1 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 52 | 0 | 0 | 1 |
| Democrat | 5 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 58 | 0 | 0 | 1 |
| % 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 |
Subjects
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?
- Track SB 96 free on One Click Politics — get push/email alerts when it moves.
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