Public Act 096-1385
 
HB6208 EnrolledLRB096 18255 MJR 36137 b


  
    AN ACT concerning utilities.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Public Utilities Act is amended  by changing 
Section 16-115C as follows:
 
    (220 ILCS 5/16-115C)
    Sec. 16-115C. Licensure of agents, brokers, and 
consultants engaged in the procurement or sale of retail 
electricity supply for third parties.
    (a) The purpose of this Section is to adopt licensing and 
code of conduct rules in a competitive retail electricity 
market  to protect Illinois consumers from unfair or deceptive 
acts or practices and to provide persons acting as agents, 
brokers, and consultants engaged in the procurement or sale of 
retail electricity supply for third parties with notice of the 
illegality of those acts or practices.
    (a-5) 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. 
    (b) For purposes of this Section, "agents, brokers, and 
consultants engaged in the procurement or sale of retail 
electricity supply for third parties" means any person or 
entity that attempts to procure on behalf of or sell retail 
electric service to an electric customer in the State. "Agents, 
brokers, and consultants engaged in the procurement or sale of 
retail electricity supply for third parties" does not include 
the Illinois Power Agency or any of its employees, any entity 
licensed as an alternative retail electric supplier pursuant to 
83 Ill. Adm. Code 451 offering retail electric service on its 
own behalf, 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, 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, 
any person or entity representing a municipal power agency, as 
defined in Section 11-119.1-3 of the Illinois Municipal Code, 
or 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.
    (c) No person or entity shall act as an agent, broker, or 
consultant engaged in the procurement or sale of retail 
electricity supply for third parties unless that person or 
entity is licensed by the Commission under this Section or is 
offering services on their own behalf under 83 Ill. Adm. Code 
451.
    (d) The Commission shall create requirements for licensure 
as an agent, broker, or consultant engaged in the procurement 
or sale of retail electricity supply for third parties, which 
shall include all of the following criteria:
        (1) Technical competence.
        (2) Managerial competence.
        (3) Financial responsibility, including the posting of 
    an appropriate performance bond.
        (4) Annual reporting requirements.
    (e) Any person or entity required to be licensed under this 
Section must:
        (1) disclose in plain language in writing to all 
    persons it solicits (i) before July 1, 2011, the total 
    anticipated remuneration to be paid to it by any third 
    party over the period of the proposed underlying customer 
    contract and (ii) 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;
        (2) disclose, if applicable, to all customers, prior to 
    the customer signing a contract, the fact that they will be 
    receiving compensation from the supplier; 
        (3) (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 this Section has no 
    contractual relationship with any retail electricity 
    supplier or its affiliates regarding retail electric 
    service in Illinois;
        (4) (3) not utilize false, misleading, materially 
    inaccurate, defamatory, or otherwise deceptive language or 
    materials in the soliciting or providing of its services;
        (5) (4) maintain copies of all marketing materials 
    disseminated to third parties for a period of not less than 
    3 years;
        (6) (5) not present electricity pricing information in 
    a manner that favors one supplier over another, unless a 
    valid pricing comparison is made utilizing all relevant 
    costs and terms; and
        (7) (6) comply with the requirements of Sections 2EE, 
    2FF, 2GG, and 2HH of the Consumer Fraud and Deceptive 
    Business Practices Act.
    (f) Any person or entity licensed under this Section shall 
file with the Commission all of the following information no 
later than March of each year:
        (1) A verified report detailing any and all contractual 
    relationships that it has with certified electricity 
    suppliers in the State regarding retail electric service in 
    Illinois.
        (2) A verified report detailing the distribution of its 
    customers with the various certified electricity suppliers 
    in Illinois during the prior calendar year. A report under 
    this Section shall not be required to contain 
    customer-identifying information.
        A public redacted version of the verified report may be 
    submitted to the Commission along with a proprietary 
    version. 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. The information shall be afforded proprietary 
    treatment for 2 years after the date of the filing of the 
    verified report. 
        (3) A copy of its verified financial statement.
        (3) (4) A verified statement of any changes to the 
    original licensure qualifications and notice of continuing 
    compliance with all requirements.
    (g) 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, 
shall suspend the license of the person so disciplined for a 
period of no less than one month. For a second violation within 
a 5-year period, the Commission shall suspend the license for 
the person so disciplined for a period of not less than 6 
months. For a third or subsequent violation within a 5-year 
period, the Commission shall suspend the license of the 
disciplined person for a period of not less than 2 years.
    (h) This Section 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 this 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.
(Source: P.A. 95-679, eff. 10-11-07.)
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.