Sen. Don Harmon

Filed: 4/19/2012

 

 


 

 


 
09700HB4761sam001LRB097 17273 CEL 68579 a

1
AMENDMENT TO HOUSE BILL 4761

2    AMENDMENT NO. ______. Amend House Bill 4761 as follows:
 
3on page 6, by replacing lines 22 through 26 with the following:
4    "(f) Any person or entity retained by a municipality or
5county, or jointly by more than one such unit of local
6government, to provide input, guidance, or advice in the
7selection of an electricity supplier for an aggregation program
8shall disclose in writing to the involved units of local
9government the nature of any relationship through which the
10person or entity may receive, either directly or indirectly,
11commissions or other remuneration as a result of the selection
12of any particular electricity supplier. The written disclosure
13must be made prior to formal approval by the involved units of
14local government of any professional services agreement with
15the person or entity, or no later than October 1, 2012 with
16respect to any such professional services agreement entered
17into prior to the effective date of this amendatory Act of the

 

 

09700HB4761sam001- 2 -LRB097 17273 CEL 68579 a

197th General Assembly. The disclosure shall cover all direct
2and indirect relationships through which commissions or
3remuneration may result, including the pooling of commissions
4or remuneration among multiple persons or entities, and shall
5identify all involved electricity suppliers. The disclosure
6requirements in this subsection (f) are to be liberally
7construed to ensure that the nature of financial interests are
8fully revealed, and these disclosure requirements shall apply
9regardless of whether the involved person or entity is licensed
10under Section 16-115C of the Public Utilities Act. Any person
11or entity that fails to make the disclosure required under this
12subsection (f) is liable to the involved units of local
13government in an amount equal to all compensation paid to such
14person or entity by the units of local government for the
15input, guidance, or advice in the selection of an electricity
16supplier, plus reasonable attorneys fees and court costs
17incurred by the units of local government in connection with
18obtaining such amount.".