Illinois General Assembly - Bill Status for HB6208

Amends the Public Utilities Act. Provides that all third-party sales representatives engaged in the marketing of retail electricity supply, including exclusive and non-exclusive agents, must, prior to the customer signing a contract, disclose in writing that they are not employed by the electric utility operating in the applicable service territory and, if applicable, that they are compensated in whole or part on a commission basis. Provides that for telephonic solicitations, the disclosure may initially be made verbally prior to the customer signing a contract, with a follow-up written disclosure required prior to any customer contract being finalized. Includes the Illinois Power Agency and its employees from being exempt as being licensed agents, brokers, and consultants engaged in the procurement or sale of retail electricity supply for third parties and changes the requirements of parties already subject to licensure. Provides that any person or entity required to be licensed under specified provisions must, among other requirements, disclose in plain language in writing to all customers, prior to the customer signing a contract, the total anticipated remuneration to be paid to it by any third party over the period of the proposed underlying customer contract. Removes provisions requiring agents, brokers, and consultants to file copies of their verified financial statements with the Commission on an annual basis. Makes changes concerning disciplinary actions against agents, brokers, and consultants. Effective immediately.

Replaces language concerning telephonic solicitations with language that provides that all third-party sales representatives engaged in the marketing of retail electricity supply must, prior to the customer signing a contract, disclose that they are not employed by the electric utility operating in the applicable service territory. Restores language in provisions concerning the exemption of certain parties from the term "agents, brokers, and consultants engaged in the procurement or sale of retail electricity supply for third parties".

Replaces everything after the enacting clause. Amends the Public Utilities Act. Provides that all third-party sales representatives engaged in the marketing of retail electricity supply must, prior to the customer signing a contract, disclose that they are not employed by the electric utility operating in the applicable service territory. Provides that any person licensed under specified provisions shall disclose in plain language in writing to all persons it solicits the price per kilowatt-hour, inclusive of all fees received by the licensee, to be paid by the customer (instead of the total anticipated remuneration to be paid to it by any third party) over the period of the proposed underlying customer contract. Deletes language requiring that any person or entity licensed shall file with the Commission all of the following information no later than March of each year a copy of its verified financial statement. Provides that the Commission shall have jurisdiction over disciplinary proceedings and complaints for violations of this Section. The findings of a violation of this Section by the Commission shall result in a progressive disciplinary scale. For a first violation, the Commission may, in its discretion, suspend the license of the person so disciplined for a period of no less than one month. Effective immediately.

Changes language to provide that the term "agents, brokers, and consultants engaged in the procurement or sale of retail electricity supply for third parties" includes any person acting exclusively on behalf of a single alternative retail electric supplier on condition that exclusivity is disclosed to any third party contracted in such agent capacity or any person acting exclusively on behalf of a retail electric supplier on condition that exclusivity is disclosed to any third party contracted in such agent capacity. Provides that any person or entity required to be licensed under specified provisions must disclose in plain language in writing to all persons it solicits the price per kilowatt-hour, inclusive of all fees received by the licensee, to be paid by the customer (rather than the total anticipated remuneration to be paid to it by any third party) over the period of the proposed underlying customer contract. Provides that a public redacted version of the verified report may be submitted to the Illinois Commerce Commission along with a proprietary version. Provides that the public redacted version may redact from the verified report the name or names of every certified electricity supplier contained in the report to protect against disclosure of competitively sensitive market share information. Provides that the information shall be afforded proprietary treatment for 2 years after the date of the filing of the verified report.

Replaces language concerning required disclosures with language that provides that a person or entity required to be licensed must disclose in plain language in writing to all persons it solicits on or after July 1, 2011, the total price per kilowatt-hour, and the total anticipated cost, inclusive of all fees or commissions received by the licensee, to be paid by the customer over the period of the proposed underlying customer contract.

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