Illinois General Assembly

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 Bill Status of HB6208  96th General Assembly


Short Description:  UTIL-THIRD-PARTY SALES REPS

House Sponsors
Rep. Elaine Nekritz - Barbara Flynn Currie - Robert F. Flider - Michael W. Tryon - Patrick J. Verschoore, Darlene J. Senger, Tom Cross, Karen May, Patricia R. Bellock and Naomi D. Jakobsson

Senate Sponsors
(Sen. Ira I. Silverstein - Dale E. Risinger - Iris Y. Martinez - Dave Syverson - Jeffrey M. Schoenberg, Don Harmon, Pamela J. Althoff, Emil Jones, III, John J. Millner, M. Maggie Crotty, A. J. Wilhelmi, Deanna Demuzio, Matt Murphy, Dan Kotowski and Toi W. Hutchinson)

Last Action
DateChamber Action
  7/29/2010HousePublic Act . . . . . . . . . 96-1385

Statutes Amended In Order of Appearance
220 ILCS 5/16-115C


Synopsis As Introduced
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.

House Committee Amendment No. 1
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".

House Committee Amendment No. 2
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.

House Floor Amendment No. 3
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.

Senate Committee Amendment No. 1
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.

Actions 
DateChamber Action
  2/11/2010HouseFiled with the Clerk by Rep. Elaine Nekritz
  2/11/2010HouseAdded Chief Co-Sponsor Rep. Michael W. Tryon
  2/11/2010HouseAdded Chief Co-Sponsor Rep. Barbara Flynn Currie
  2/11/2010HouseAdded Chief Co-Sponsor Rep. Robert F. Flider
  2/11/2010HouseAdded Co-Sponsor Rep. William B. Black
  2/11/2010HouseFirst Reading
  2/11/2010HouseReferred to Rules Committee
  2/22/2010HouseAssigned to Public Utilities Committee
  2/25/2010HouseAdded Chief Co-Sponsor Rep. Patrick J. Verschoore
  3/2/2010HouseAdded Co-Sponsor Rep. Darlene J. Senger
  3/2/2010HouseHouse Committee Amendment No. 1 Filed with Clerk by Public Utilities Committee
  3/2/2010HouseHouse Committee Amendment No. 1 Adopted in Public Utilities Committee; by Voice Vote
  3/2/2010HouseRemains in Public Utilities Committee
  3/9/2010HouseHouse Committee Amendment No. 2 Filed with Clerk by Public Utilities Committee
  3/9/2010HouseHouse Committee Amendment No. 2 Adopted in Public Utilities Committee; by Voice Vote
  3/9/2010HouseDo Pass as Amended / Short Debate Public Utilities Committee; 013-000-000
  3/9/2010HousePlaced on Calendar 2nd Reading - Short Debate
  3/11/2010HouseAdded Co-Sponsor Rep. Tom Cross
  3/12/2010HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Elaine Nekritz
  3/12/2010HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  3/22/2010HouseHouse Floor Amendment No. 3 Rules Refers to Public Utilities Committee
  3/23/2010HouseHouse Floor Amendment No. 3 Recommends Be Adopted Public Utilities Committee; 012-000-000
  3/24/2010HouseSecond Reading - Short Debate
  3/24/2010HouseHouse Floor Amendment No. 3 Adopted by Voice Vote
  3/24/2010HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/24/2010HouseAdded Co-Sponsor Rep. Karen May
  3/24/2010HouseRemoved Co-Sponsor Rep. William B. Black
  3/25/2010HouseAdded Co-Sponsor Rep. Patricia R. Bellock
  3/25/2010HouseAdded Co-Sponsor Rep. Naomi D. Jakobsson
  3/25/2010HouseThird Reading - Short Debate - Passed 109-000-000
  4/6/2010SenateArrive in Senate
  4/6/2010SenatePlaced on Calendar Order of First Reading
  4/6/2010SenateChief Senate Sponsor Sen. Ira I. Silverstein
  4/6/2010SenateFirst Reading
  4/6/2010SenateReferred to Assignments
  4/14/2010SenateAdded as Alternate Chief Co-Sponsor Sen. Dale E. Risinger
  4/14/2010SenateAdded as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez
  4/14/2010SenateAdded as Alternate Chief Co-Sponsor Sen. Dave Syverson
  4/14/2010SenateAdded as Alternate Chief Co-Sponsor Sen. Jeffrey M. Schoenberg
  4/14/2010SenateAdded as Alternate Co-Sponsor Sen. Don Harmon
  4/15/2010SenateAdded as Alternate Co-Sponsor Sen. Pamela J. Althoff
  4/20/2010SenateAdded as Alternate Co-Sponsor Sen. Emil Jones, III
  4/21/2010SenateAdded as Alternate Co-Sponsor Sen. John J. Millner
  4/21/2010SenateAdded as Alternate Co-Sponsor Sen. M. Maggie Crotty
  4/22/2010SenateAdded as Alternate Co-Sponsor Sen. A. J. Wilhelmi
  4/22/2010SenateAdded as Alternate Co-Sponsor Sen. Deanna Demuzio
  4/22/2010SenateAssigned to Executive
  4/23/2010SenateAdded as Alternate Co-Sponsor Sen. Matt Murphy
  4/23/2010SenateRule 2-10 Committee Deadline Established As May 7, 2010
  4/26/2010SenateAdded as Alternate Co-Sponsor Sen. Dan Kotowski
  4/27/2010SenateAdded as Alternate Co-Sponsor Sen. Toi W. Hutchinson
  4/28/2010SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Ira I. Silverstein
  4/28/2010SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/28/2010SenateSenate Committee Amendment No. 1 Assignments Refers to Executive
  4/28/2010SenateSenate Committee Amendment No. 1 Adopted
  4/28/2010SenateDo Pass as Amended Executive; 012-000-000
  4/28/2010SenatePlaced on Calendar Order of 2nd Reading April 29, 2010
  4/29/2010SenateSecond Reading
  4/29/2010SenatePlaced on Calendar Order of 3rd Reading April 30, 2010
  4/30/2010SenateThird Reading - Passed; 052-000-000
  4/30/2010HouseArrived in House
  4/30/2010HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/3/2010HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Elaine Nekritz
  5/3/2010HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/3/2010HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/3/2010HouseSenate Committee Amendment No. 1 House Concurs 113-000-000
  5/3/2010HousePassed Both Houses
  6/1/2010HouseSent to the Governor
  7/29/2010HouseGovernor Approved
  7/29/2010HouseEffective Date July 29, 2010
  7/29/2010HousePublic Act . . . . . . . . . 96-1385

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