UTILITIES-ARES REGULATION Senate SponsorsSen. James F. Clayborne, Jr.-William R. Haine-Dale E. Risinger-Don Harmon-Ira I. Silverstein, Martin A. Sandoval and Deanna Demuzio House Sponsors(Rep. Thomas Holbrook-Lisa M. Dugan-Jim Durkin-Daniel V. Beiser-Patrick J Verschoore, Careen M Gordon, Mike Fortner and LaShawn K. Ford) 10/17/2007SenatePublic Act . . . . . . . . . 95-0679 220 ILCS 5/16-115C newAmends 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 third parties 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.Senate Floor Amendment No. 1 Makes a technical correction.House Amendment No. 1 Deletes everything after the enacting clause. Reinserts the engrossed bill with the following changes. Provides that the provisions concerning the licensure of agents, brokers, and consultants engaged in the procurement or sale of retail electricity supply for third parties by the Illinois Commerce Commission shall not apply to a retail customer that operates or manages either directly or indirectly any facilities, equipment, or property used or contemplated to be used to distribute electric power or energy if that retail customer is a political subdivision or public institution of higher education of the State, or any corporation, company, limited liability company, association, joint-stock company or association, firm, partnership, or individual, or their lessees, trusts, or receivers appointed by any court whatsoever that are owned or controlled by the political subdivision, public institution of higher education, or operated by any of its lessees or operating agents. Effective immediately.House Amendment No. 4 Replaces everything after the enacting clause. Reinserts the engrossed bill with the following changes. Provides that agents, brokers, and consultants engaged in the procurement or sale of retail electricity supply for third parties does not include any person or entity that is attempting to procure on behalf of or sell retail electric service to a third party that has aggregate billing demand of all of its affiliated electric service accounts in Illinois of greater than 1,500 kW. Deletes certain requirements for licensure as an agent, broker, or consultant engaged in the procurement or sale of retail electricity supply by third parties. Deletes a provision that provides that a license shall expire on April 30 of each year unless a renewal order is issued by the Illinois Commerce Commission. Provides that any person or entity required to be licensed under specified provisions must (1) disclose to all persons it solicits the existence of any contracts with retail electric suppliers or their affiliates regarding retail electric service in Illinois (instead of not specifying regarding retail electric service in Illinois) and the nature of those contract or contracts and (2) not hold itself out as independent or unaffiliated with any supplier, or both, or use words reasonably calculated to give that impression, unless the person offering service under specified provisions has no contractual relationship with any retail electricity supplier or its affiliates regarding retail electric service in Illinois (instead of not specifying retail electric service in Illinois). Adds language providing that any person or entity licensed under specified provisions shall file with the Commission a verified report detailing (1) any and all contractual relationships that it has with the certified electricity suppliers in the State regarding retail electric service in Illinois (rather than not specifying that the report be in regards to retail electric service in Illinois), and (2) the distribution of its customers with the various certified electricity suppliers during the prior calendar year in Illinois (rather than not specifying Illinois). Provides that the Commission shall have jurisdiction over disciplinary proceedings and complaints (instead of exclusive jurisdiction over all disciplinary proceedings and complaints) for violations of specified provisions. Provides that the provisions concerning the licensure of agents, brokers, and consultants engaged in the procurement or sale of retail electricity supply for third parties by the Illinois Commerce Commission shall not apply to a retail customer that operates or manages either directly or indirectly any facilities, equipment, or property used or contemplated to be used to distribute electric power or energy if that retail customer is a political subdivision or public institution of higher education of the State, or any corporation, company, limited liability company, association, joint-stock company or association, firm, partnership, or individual, or their lessees, trusts, or receivers appointed by any court whatsoever that are owned or controlled by the political subdivision, public institution of higher education, or operated by any of its lessees or operating agents. Effective immediately.House Amendment No. 5 Removes provisions requiring a licensed person or licensed entity (1) to disclose to all persons it solicits the existence of any contracts with retail electric suppliers or their affiliates regarding retail electric service in Illinois and the nature of those contract or contracts; and (2) to provide to all persons it solicits a list of all retail electric suppliers authorized to serve that person per the then-current list of suppliers on the Illinois Commerce Commission's website. Requires a licensed person or entity to disclose in plain language in writing to all persons it solicits 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 report required to be filed no later than March 1 of each year with the Commission by any licensed person or entity (1) shall not be required to contain customer-identifying information, and (2) shall include a copy of its verified (rather than audited) financial statement. Makes technical changes.Governor Amendatory Veto Message Recommends deleting language providing that "agents, brokers, and consultants engaged in the procurement or sale of retail electricity supply for third parties" does not include (1) any entity licensed as an alternative retail electric supplier pursuant to specified provisions offering retail electric service on its own behalf, (2) 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 (3) any person or entity that is attempting to procure on behalf of or sell retail electric service to a third party that has aggregate billing demand of all of its affiliated electric service accounts in Illinois of greater than 1,500 kW. 2/9/2007SenateFiled with Secretary by Sen. James F. Clayborne, Jr. 2/9/2007SenateFirst Reading 2/9/2007SenateReferred to Rules 2/21/2007SenateAssigned to Environment and Energy 2/22/2007SenateAdded as Chief Co-Sponsor Sen. William R. Haine 2/22/2007SenateAdded as Chief Co-Sponsor Sen. Dale E. Risinger 2/22/2007SenateAdded as Chief Co-Sponsor Sen. Don Harmon 2/22/2007SenateAdded as Chief Co-Sponsor Sen. Ira I. Silverstein 2/28/2007SenateAdded as Co-Sponsor Sen. Martin A. Sandoval 3/1/2007SenateDo Pass Environment and Energy; 012-000-000 3/1/2007SenatePlaced on Calendar Order of 2nd Reading March 2, 2007 3/2/2007SenateSecond Reading 3/2/2007SenatePlaced on Calendar Order of 3rd Reading March 6, 2007 3/8/2007SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. James F. Clayborne, Jr. 3/8/2007SenateSenate Floor Amendment No. 1 Referred to Rules 3/21/2007SenateSenate Floor Amendment No. 1 Rules Refers to Environment and Energy 3/22/2007SenateSenate Floor Amendment No. 1 Recommend Do Adopt Environment and Energy; 008-000-000 3/30/2007SenateRule 2-10 Third Reading Deadline Established As May 31, 2007 4/19/2007SenateRecalled to Second Reading 4/19/2007SenateSenate Floor Amendment No. 1 Adopted; Clayborne 4/19/2007SenatePlaced on Calendar Order of 3rd Reading 4/19/2007SenateThird Reading - Passed; 054-000-000 4/20/2007HouseArrived in House 4/20/2007HousePlaced on Calendar Order of First Reading 4/20/2007HouseChief House Sponsor Rep. Thomas Holbrook 4/20/2007HouseAdded Alternate Chief Co-Sponsor Rep. Lisa M. Dugan 4/20/2007HouseFirst Reading 4/20/2007HouseReferred to Rules Committee 4/24/2007HouseAdded Alternate Co-Sponsor Rep. Daniel V. Beiser 4/27/2007HouseAdded Alternate Chief Co-Sponsor Rep. Jim Durkin 4/27/2007HouseAdded Alternate Chief Co-Sponsor Rep. Daniel V. Beiser 4/27/2007HouseAlternate Co-Sponsor Removed Rep. Daniel V. Beiser 4/27/2007HouseAdded Alternate Chief Co-Sponsor Rep. Patrick J Verschoore 4/30/2007HouseAssigned to Electric Utility Oversight Committee 5/3/2007SenateAdded as Co-Sponsor Sen. Deanna Demuzio 5/8/2007HouseHouse Amendment No. 1 Filed with Clerk by Electric Utility Oversight Committee 5/8/2007HouseHouse Amendment No. 1 Adopted in Electric Utility Oversight Committee; by Voice Vote 5/8/2007HouseDo Pass as Amended / Short Debate Electric Utility Oversight Committee; 008-000-000 5/9/2007HousePlaced on Calendar 2nd Reading - Short Debate 5/10/2007HouseHouse Amendment No. 2 Filed with Clerk by Rep. Thomas Holbrook 5/10/2007HouseHouse Amendment No. 2 Referred to Rules Committee 5/14/2007HouseHouse Amendment No. 2 Rules Refers to Electric Utility Oversight Committee 5/16/2007HouseHouse Amendment No. 3 Filed with Clerk by Rep. Thomas Holbrook 5/16/2007HouseHouse Amendment No. 3 Referred to Rules Committee 5/16/2007HouseHouse Amendment No. 4 Filed with Clerk by Rep. Thomas Holbrook 5/16/2007HouseHouse Amendment No. 4 Referred to Rules Committee 5/18/2007HouseHouse Amendment No. 4 Rules Refers to Electric Utility Oversight Committee 5/18/2007HouseSecond Reading - Short Debate 5/18/2007HouseHeld on Calendar Order of Second Reading - Short Debate 5/22/2007HouseAdded Alternate Co-Sponsor Rep. Careen M Gordon 5/23/2007HouseHouse Amendment No. 4 Recommends Be Adopted Electric Utility Oversight Committee; 008-000-000 5/30/2007HouseHouse Amendment No. 5 Filed with Clerk by Rep. Thomas Holbrook 5/30/2007HouseHouse Amendment No. 5 Referred to Rules Committee 5/30/2007HouseAdded Alternate Co-Sponsor Rep. Mike Fortner 5/31/2007HouseAdded Alternate Co-Sponsor Rep. LaShawn K. Ford 5/31/2007HouseHouse Amendment No. 5 Rules Refers to Electric Utility Oversight Committee 5/31/2007HouseHouse Amendment No. 5 Recommends Be Adopted Electric Utility Oversight Committee; 009-000-000 5/31/2007HouseFinal Action Deadline Extended-9(b) June 8, 2007 6/1/2007HouseHouse Amendment No. 4 Adopted by Voice Vote 6/1/2007HouseHouse Amendment No. 5 Adopted by Voice Vote 6/1/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate 6/1/2007HouseThird Reading - Short Debate - Passed 110-000-000 6/1/2007HouseHouse Amendment No. 2 Tabled Pursuant to Rule 40(a) 6/1/2007HouseHouse Amendment No. 3 Tabled Pursuant to Rule 40(a) 6/5/2007SenateSecretary's Desk - Concurrence House Amendment(s) 01,04,05 6/5/2007SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01,04,05 - June 6, 2007 6/5/2007SenateHouse Amendment No. 1 Motion to Concur Filed with Secretary Sen. James F. Clayborne, Jr. 6/5/2007SenateHouse Amendment No. 1 Motion to Concur Referred to Rules 6/5/2007SenateHouse Amendment No. 4 Motion to Concur Filed with Secretary Sen. James F. Clayborne, Jr. 6/5/2007SenateHouse Amendment No. 4 Motion to Concur Referred to Rules 6/5/2007SenateHouse Amendment No. 5 Motion to Concur Filed with Secretary Sen. James F. Clayborne, Jr. 6/5/2007SenateHouse Amendment No. 5 Motion to Concur Referred to Rules 6/6/2007SenateHouse Amendment No. 1 Motion to Concur Rules Referred to Environment and Energy 6/6/2007SenateHouse Amendment No. 4 Motion to Concur Rules Referred to Environment and Energy 6/6/2007SenateHouse Amendment No. 5 Motion to Concur Rules Referred to Environment and Energy 6/7/2007SenateHouse Amendment No. 1 Motion To Concur Recommended Do Adopt Environment and Energy; 010-000-000 6/7/2007SenateHouse Amendment No. 4 Motion To Concur Recommended Do Adopt Environment and Energy; 010-000-000 6/7/2007SenateHouse Amendment No. 5 Motion To Concur Recommended Do Adopt Environment and Energy; 010-000-000 6/27/2007Senate3/5 Vote Required 6/27/2007SenateHouse Amendment No. 1 Senate Concurs 051-000-000 6/27/2007SenateHouse Amendment No. 4 Senate Concurs 051-000-000 6/27/2007SenateHouse Amendment No. 5 Senate Concurs 051-000-000 6/27/2007SenatePassed Both Houses 7/26/2007SenateSent to the Governor 9/24/2007SenateGovernor Amendatory Veto 10/2/2007SenatePlaced on Calendar Amendatory Veto October 2, 2007 10/2/2007SenateMotion Filed Override Amendatory Veto Sen. James F. Clayborne, Jr. 10/2/2007Senate3/5 Vote Required 10/2/2007SenateOverride Amendatory Veto - Senate Passed 051-001-001 10/4/2007HousePlaced on Calendar Amendatory Veto October 10, 2007 10/5/2007HouseMotion Filed Override Amendatory Veto Rep. Thomas Holbrook 10/11/2007House3/5 Vote Required 10/11/2007HouseOverride Amendatory Veto - House Passed 112-000-000 10/11/2007SenateAmendatory Veto Overridden Both Houses 10/17/2007SenateEffective Date October 11, 2007 10/17/2007SenatePublic Act . . . . . . . . . 95-0679