Full Text of HB1292 95th General Assembly
HB1292 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1292
Introduced 2/20/2007, by Rep. Thomas Holbrook SYNOPSIS AS INTRODUCED: |
|
|
Amends the Electric Service Customer Choice and Rate Relief Law of 1997 in the Public Utilities Act. Requires the licensure of an agent, broker, or consultant engaged in the procurement or sale of retail electricity supply for a third party by the Illinois Commerce Commission. Includes provisions concerning requirements for licensure, the filing of annual reports with the Commission, and penalties for violation. Effective immediately.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB1292 |
|
LRB095 06690 MJR 31101 b |
|
| 1 |
| AN ACT concerning regulation.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Public Utilities Act is amended by adding | 5 |
| Section 16-115C as follows: | 6 |
| (220 ILCS 5/16-115C new) | 7 |
| Sec. 16-115C. Licensure of agents, brokers, and | 8 |
| consultants engaged in the procurement or sale of retail | 9 |
| electricity supply for a third party by the Commission. | 10 |
| (a) The purpose of this Section is to adopt licensing and | 11 |
| code of conduct rules in a competitive retail electricity | 12 |
| market to protect Illinois consumers from unfair or deceptive | 13 |
| acts or practices and to provide persons acting as agents, | 14 |
| brokers, and consultants engaged in the procurement or sale of | 15 |
| retail electricity supply for a third party with notice of the | 16 |
| illegality of those acts or practices. | 17 |
| (b) For purposes of this Section, "agent, broker, or | 18 |
| consultant engaged in the procurement or sale of retail | 19 |
| electricity supply for a third party" means any person or | 20 |
| entity that attempts to procure on behalf of or sell retail | 21 |
| electric service to an electric customer in this State. "Agent, | 22 |
| broker, or consultant engaged in the procurement or sale of | 23 |
| retail electricity supply for a third party" does not include |
|
|
|
HB1292 |
- 2 - |
LRB095 06690 MJR 31101 b |
|
| 1 |
| (i) any entity licensed as an alternative retail electric | 2 |
| supplier pursuant to 83 Ill. Adm. Code 451 that offers retail | 3 |
| electric service on its own behalf, (ii) any person acting | 4 |
| exclusively on behalf of a single alternative retail electric | 5 |
| supplier on the condition that exclusivity is disclosed to any | 6 |
| third party contracted in such agent capacity, or (iii) any | 7 |
| person or entity representing a municipal power agency, as | 8 |
| defined in Section 11-119.1-3 of the Illinois Municipal Code. | 9 |
| (c) No person or entity shall act as an agent, broker, or | 10 |
| consultant engaged in the procurement or sale of retail | 11 |
| electricity supply for a third party unless that person or | 12 |
| entity is licensed by the Commission under this Section or is | 13 |
| offering services on their own behalf under 83 Ill. Adm. Code | 14 |
| 451. | 15 |
| (d) The Commission shall create requirements for licensure | 16 |
| as an agent, broker, or consultant engaged in the procurement | 17 |
| or sale of retail electricity supply for a third party, which | 18 |
| shall include all of the following criteria: | 19 |
| (1) Technical competence. | 20 |
| (2) Managerial competence, including criminal | 21 |
| background checks and other indicia of honesty and | 22 |
| fair-dealing. | 23 |
| (3) Financial responsibility, including the posting of | 24 |
| an appropriate performance bond. | 25 |
| (4) Annual reporting requirements. | 26 |
| The license shall expire on April 30 of each year unless a |
|
|
|
HB1292 |
- 3 - |
LRB095 06690 MJR 31101 b |
|
| 1 |
| renewal order is issued by the Commission. The term of the | 2 |
| renewal shall be until the following April 30 or earlier, as | 3 |
| determined by the Commission. | 4 |
| (e) Any person or entity required to be licensed under this | 5 |
| Section must: | 6 |
| (1) disclose to all persons it solicits the existence | 7 |
| of any contracts with retail electric suppliers or their | 8 |
| affiliates and the nature of those contract or contracts; | 9 |
| (2) provide to all persons it solicits a list of all | 10 |
| retail electric suppliers authorized to serve that person; | 11 |
| the list shall include all contact information per the | 12 |
| then-current list of suppliers on the Commission's | 13 |
| website; | 14 |
| (3) not hold itself out as independent or unaffiliated | 15 |
| with any supplier, or both, or use words reasonably | 16 |
| calculated to give that impression, unless the person | 17 |
| offering service under this Section has no contractual | 18 |
| relationship with any retail electricity supplier or its | 19 |
| affiliates; | 20 |
| (4) not utilize false, misleading, materially | 21 |
| inaccurate, defamatory, or otherwise deceptive language or | 22 |
| materials in the soliciting or providing of its services; | 23 |
| (5) maintain copies of all marketing materials | 24 |
| disseminated to third parties for a period of not less than | 25 |
| 3 years; | 26 |
| (6) not present electricity pricing information in a |
|
|
|
HB1292 |
- 4 - |
LRB095 06690 MJR 31101 b |
|
| 1 |
| manner that favors one supplier over another, unless a | 2 |
| valid pricing comparison is made utilizing all relevant | 3 |
| costs and terms; and | 4 |
| (7) comply with the requirements of Sections 2EE, 2FF, | 5 |
| 2GG, and 2HH of the Consumer Fraud and Deceptive Practices | 6 |
| Act. | 7 |
| (f) Any person or entity licensed under this Section shall | 8 |
| file with the Commission all of the following information no | 9 |
| later than March of each year: | 10 |
| (1) A verified report detailing any and all contractual | 11 |
| relationships that it has with certified electricity | 12 |
| suppliers in this State. | 13 |
| (2) A verified report detailing the distribution of its | 14 |
| customers with the various certified electricity suppliers | 15 |
| during the prior calendar year. | 16 |
| (3) A copy of its audited financial statement. | 17 |
| (4) A verified statement of any changes to the original | 18 |
| licensure qualifications and notice of continuing | 19 |
| compliance with all requirements. | 20 |
| (g) The Commission shall have exclusive jurisdiction over | 21 |
| all disciplinary proceedings and complaints for violations of | 22 |
| this Section. The findings of a violation of this Section by | 23 |
| the Commission shall result in a progressive disciplinary | 24 |
| scale. For a first violation, the Commission shall suspend the | 25 |
| license of the person so disciplined for a period of no less | 26 |
| than one month. For a second violation within a 5-year period, |
|
|
|
HB1292 |
- 5 - |
LRB095 06690 MJR 31101 b |
|
| 1 |
| the Commission shall suspend the license of the person so | 2 |
| disciplined for a period of not less than 6 months. For a third | 3 |
| or subsequent violation within a 5-year period, the Commission | 4 |
| shall suspend the license of the disciplined person for a | 5 |
| period of not less than 2 years.
| 6 |
| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.
|
|