Rep. Thomas Holbrook
Filed: 5/16/2007
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1 | AMENDMENT TO SENATE BILL 1366
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2 | AMENDMENT NO. ______. Amend Senate Bill 1366, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Public Utilities Act is amended by adding | ||||||
6 | Section 16-115C as follows: | ||||||
7 | (220 ILCS 5/16-115C new) | ||||||
8 | Sec. 16-115C. Licensure of agents, brokers, and | ||||||
9 | consultants engaged in the procurement or sale of retail | ||||||
10 | electricity supply for third parties. | ||||||
11 | (a) The purpose of this Section is to adopt licensing and | ||||||
12 | code of conduct rules in a competitive retail electricity | ||||||
13 | market to protect Illinois consumers from unfair or deceptive | ||||||
14 | acts or practices and to provide persons acting as agents, | ||||||
15 | brokers, and consultants engaged in the procurement or sale of | ||||||
16 | retail electricity supply for third parties with notice of the |
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1 | illegality of those acts or practices. | ||||||
2 | (b) For purposes of this Section, "agents, brokers, and | ||||||
3 | consultants engaged in the procurement or sale of retail | ||||||
4 | electricity supply for third parties" means any person or | ||||||
5 | entity that attempts to procure on behalf of or sell retail | ||||||
6 | electric service to an electric customer in the State. "Agents, | ||||||
7 | brokers, and consultants engaged in the procurement or sale of | ||||||
8 | retail electricity supply for third parties" does not include | ||||||
9 | any entity licensed as an alternative retail electric supplier | ||||||
10 | pursuant to 83 Ill. Adm. Code 451 offering retail electric | ||||||
11 | service on its own behalf, any person acting exclusively on | ||||||
12 | behalf of a single alternative retail electric supplier on | ||||||
13 | condition that exclusivity is disclosed to any third party | ||||||
14 | contracted in such agent capacity, any person or entity | ||||||
15 | representing a municipal power agency, as defined in Section | ||||||
16 | 11-119.1-3 of the Illinois Municipal Code, or any person or | ||||||
17 | entity that is attempting to procure on behalf of or sell | ||||||
18 | retail electric service to a third party that has aggregate | ||||||
19 | billing demand of all of its affiliated electric service | ||||||
20 | accounts in Illinois of greater than 1,500 kW. | ||||||
21 | (c) No person or entity shall act as an agent, broker, or | ||||||
22 | consultant engaged in the procurement or sale of retail | ||||||
23 | electricity supply for third parties unless that person or | ||||||
24 | entity is licensed by the Commission under this Section or is | ||||||
25 | offering services on their own behalf under 83 Ill. Adm. Code | ||||||
26 | 451. |
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1 | (d) The Commission shall create requirements for licensure | ||||||
2 | as an agent, broker, or consultant engaged in the procurement | ||||||
3 | or sale of retail electricity supply for third parties, which | ||||||
4 | shall include all of the following criteria: | ||||||
5 | (1) Technical competence. | ||||||
6 | (2) Managerial competence. | ||||||
7 | (3) Financial responsibility, including the posting of | ||||||
8 | an appropriate performance bond. | ||||||
9 | (4) Annual reporting requirements. | ||||||
10 | (e) Any person or entity required to be licensed under this | ||||||
11 | Section must: | ||||||
12 | (1) disclose to all persons it solicits the existence | ||||||
13 | of any contracts with retail electric suppliers or their | ||||||
14 | affiliates regarding retail electric service in Illinois | ||||||
15 | and the nature of those contract or contracts; | ||||||
16 | (2) provide to all persons it solicits a list of all | ||||||
17 | retail electric suppliers authorized to serve that person | ||||||
18 | per the then-current list of suppliers on the Commission's | ||||||
19 | website; | ||||||
20 | (3) not hold itself out as independent or unaffiliated | ||||||
21 | with any supplier, or both, or use words reasonably | ||||||
22 | calculated to give that impression, unless the person | ||||||
23 | offering service under this Section has no contractual | ||||||
24 | relationship with any retail electricity supplier or its | ||||||
25 | affiliates regarding retail electric service in Illinois; | ||||||
26 | (4) not utilize false, misleading, materially |
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1 | inaccurate, defamatory, or otherwise deceptive language or | ||||||
2 | materials in the soliciting or providing of its services; | ||||||
3 | (5) maintain copies of all marketing materials | ||||||
4 | disseminated to third parties for a period of not less than | ||||||
5 | 3 years; | ||||||
6 | (6) not present electricity pricing information in a | ||||||
7 | manner that favors one supplier over another, unless a | ||||||
8 | valid pricing comparison is made utilizing all relevant | ||||||
9 | costs and terms; and | ||||||
10 | (7) comply with the requirements of Sections 2EE, 2FF, | ||||||
11 | 2GG, and 2HH of the Consumer Fraud and Deceptive Business | ||||||
12 | Practices Act. | ||||||
13 | (f) Any person or entity licensed under this Section shall | ||||||
14 | file with the Commission all of the following information no | ||||||
15 | later than March of each year: | ||||||
16 | (1) A verified report detailing any and all contractual | ||||||
17 | relationships that it has with certified electricity | ||||||
18 | suppliers in the State regarding retail electric service in | ||||||
19 | Illinois. | ||||||
20 | (2) A verified report detailing the distribution of its | ||||||
21 | customers with the various certified electricity suppliers | ||||||
22 | in Illinois during the prior calendar year. | ||||||
23 | (3) A copy of its audited financial statement. | ||||||
24 | (4) A verified statement of any changes to the original | ||||||
25 | licensure qualifications and notice of continuing | ||||||
26 | compliance with all requirements. |
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1 | (g) The Commission shall have jurisdiction over | ||||||
2 | disciplinary proceedings and complaints for violations of this | ||||||
3 | Section. The findings of a violation of this Section by the | ||||||
4 | Commission shall result in a progressive disciplinary scale. | ||||||
5 | For a first violation, the Commission shall suspend the license | ||||||
6 | of the person so disciplined for a period of no less than one | ||||||
7 | month. For a second violation within a 5-year period, the | ||||||
8 | Commission shall suspend the license for the person so | ||||||
9 | disciplined for a period of not less than 6 months. For a third | ||||||
10 | or subsequent violation within a 5-year period, the Commission | ||||||
11 | shall suspend the license of the disciplined person for a | ||||||
12 | period of not less than 2 years. | ||||||
13 | (h) This Section shall not apply to a retail customer that | ||||||
14 | operates or manages either directly or indirectly any | ||||||
15 | facilities, equipment, or property used or contemplated to be | ||||||
16 | used to distribute electric power or energy if that retail | ||||||
17 | customer is a political subdivision or public institution of | ||||||
18 | higher education of this State, or any corporation, company, | ||||||
19 | limited liability company, association, joint-stock company or | ||||||
20 | association, firm, partnership, or individual, or their | ||||||
21 | lessees, trusts, or receivers appointed by any court whatsoever | ||||||
22 | that are owned or controlled by the political subdivision, | ||||||
23 | public institution of higher education, or operated by any of | ||||||
24 | its lessees or operating agents.
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25 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.".
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