Bill Status of SB 2783   95th General Assembly


Short Description:  UTILITIES-CONSUMER EDUCATION

Senate Sponsors
Sen. Don Harmon-Susan Garrett-Kwame Raoul

House Sponsors
(Rep. Thomas Holbrook)


Last Action  View All Actions

DateChamber Action
  1/13/2009SenateSession Sine Die

Statutes Amended In Order of Appearance
220 ILCS 5/19-125

Synopsis As Introduced
Amends the Public Utilities Act. Provides that the Illinois Commerce Commission shall make available in print, upon request and at no charge, and on its World Wide Web site, information on where customers of gas utilities and alternative gas suppliers can address any complaint with regard to the provision of service, sales tactics, and rates. Provides that the Commission shall log all complaints it receives pursuant to specified provisions and publish them by category and provider on an annual basis or make the information available through its World Wide Web site.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause. Amends the Public Utilities Act. Provides that the Illinois Commerce Commission shall make available in print, upon request and at no charge, and on its World Wide Web site, information on where customers of alternative gas suppliers serving residential and small commercial customers can address any complaint with regard to an alternative gas supplier's obligations under Section 19-115 of the Act, including the provision of service in accordance with the terms of its contract, sales tactics, and rates. Provides that the Commission shall maintain a summary by category and provider of all informal complaints it receives pursuant specified provisions, and it shall publish the summary on a quarterly basis on its World Wide Web site. Provides that individual customer information shall not be included in the summary.

Senate Floor Amendment No. 2
Adds reference to:
220 ILCS 5/19-105
220 ILCS 5/19-110
220 ILCS 5/19-115
220 ILCS 5/19-120
815 ILCS 505/2BBB new
815 ILCS 505/2CCC new
815 ILCS 505/2DDD new
815 ILCS 505/2EEE new

Replaces everything after the enacting clause. Amends the Public Utilities Act. In provisions concerning the issuance of a certificate of service authority by the Illinois Commerce Commission, requires that the applicant and the applicant's sales agents comply with all applicable federal, State, and industry rules, policies, practices, and procedures for marketing and soliciting customers. Adds obligations that an alternative gas supplier must comply with if it serves or seeks to serve residential or small commercial customers. Provides that an alternative gas supplier must (1) not engage in specified activities with respect to, and (2) comply with specified requirements when switching a customer from another supplier to its service. In provisions concerning the Commission's authority, after notice and hearing held on complaint or on the Commission's own motion, to order remedies, penalties, or forms relief, provides that the Commission may impose financial penalties for violations of, or nonconformances with, specified provisions relating to the marketing practices of any alternative gas supplier that has been granted a certificate of service authority by the Commission. Provides that the Commission shall make available in print, upon request and at no charge, and on its World Wide Web site, information on which customers of alternative gas suppliers serving residential and small commercial customers may address any complaint with regard to an alternative gas supplier's obligations under specified provisions, including the provision of service in accordance with the terms of its contract, sales tactics, and rates. Provides that the Commission shall maintain a summary by category and provider of all informal complaints it receives pursuant to specified provisions, and it shall publish the summary on a quarterly basis on its World Wide Web site. Provides that individual customer information shall not be included in the summary. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a natural gas provider shall not submit or execute a change in a customer's selection of a provider of natural gas service unless specified requirements are met. Provides requirements for confirming a change in a customer's selection of a provider of natural gas service using a letter of agency or an independent third party. Provides that when a consumer initiates the call to the prospective natural gas provider, in order to enroll the consumer as a customer, the prospective natural gas provider must, with the consent of the customer, make a date-stamped and time-stamped audio recording that elicits, at a minimum, specified information, and maintain the record for 2 years. Provides that complaints may be filed with the Commission by a customer whose natural gas service has been provided by a natural gas provider in a manner not in compliance with specified provisions. Provides that with respect to unlawful advertising, sale, provider selection, billings, or collections relating to the provision of natural gas service, where the consumer is an elderly person or disabled person, a civil penalty of $50,000 may be imposed for each violation. Contains provisions concerning natural gas service advertising. Contains provisions concerning the billing and collections practices of natural gas providers. Effective immediately.

Senate Floor Amendment No. 3
Changes language to provide that an alternative gas supplier that is certified to serve residential or small commercial customers shall not include in any agreement a provision that obligates a customer to the terms of the agreement if the customer moves outside the State of Illinois (instead of the gas utility service territory) or moves to a location without a choice program or location (instead of within the service territory) where the customer will not require natural gas service. Provides that an alternative gas supplier and its sales agents shall refrain from any direct marketing or soliciting to consumers on the gas utility's "Do Not Contact List", which the alternative gas supplier shall obtain each month (instead of each week) from the gas utility in whose service area the consumer is provided with gas service. Provides that an alternative gas supplier and its sales agents shall not misrepresent (instead of refrain from misrepresenting) the affiliation of any alternative supplier (rather than the alternative supplier) with the gas utility, governmental bodies, or consumer groups. Provides that the alternative gas supplier shall provide each customer the opportunity to rescind its agreement without penalty within 14 (instead of 10) business days after the date on the gas utility notice to the customer. In provisions requiring an alternative gas supplier to disclose to the customer specified information, changes language to provide that the supplier shall disclose (1) that from the date the utility issues the notice confirming the switch, the customer shall have 14 (instead of 10) business days to rescind the switch without penalty, and (2) that the customer shall contact the gas utility or the alternative gas supplier (instead of only the gas utility) to rescind the switch. Adds language providing that a natural gas provider shall not submit or execute a change in a customer's selection of a provider of natural gas service unless and until (1) specified criteria are met or (2) if enrollment is via the Internet, the enrollment shall provide the necessary disclosures as required by specified provisions. Changes a provision in third-party verification methods to provide that the methods must elicit, at a minimum, confirmation that service will effectively switch service from any other alternative gas supplier at service address and the switching could include a cancellation fee from that alternative gas supplier. Provides that when a consumer initiates a call, the prospective natural gas provider must make a date-stamped and time-stamped audio recording that elicits the entire call, which shall include, but not be limited to, specified information. Provides that specified information concerning a customer shall not be divulged without the verifiable consent, including written, voice-recorded, or electronic signature, (instead of the written consent) of the customer.

Actions 
DateChamber Action
  2/15/2008SenateFiled with Secretary by Sen. Don Harmon
  2/15/2008SenateFirst Reading
  2/15/2008SenateReferred to Rules
  2/28/2008SenateAssigned to Environment and Energy
  3/5/2008SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Don Harmon
  3/5/2008SenateSenate Committee Amendment No. 1 Referred to Rules
  3/5/2008SenateSenate Committee Amendment No. 1 Rules Refers to Environment and Energy
  3/6/2008SenateAdded as Chief Co-Sponsor Sen. Susan Garrett
  3/6/2008SenateSenate Committee Amendment No. 1 Adopted
  3/6/2008SenateDo Pass as Amended Environment and Energy; 011-000-000
  3/6/2008SenatePlaced on Calendar Order of 2nd Reading March 11, 2008
  3/13/2008SenateSecond Reading
  3/13/2008SenatePlaced on Calendar Order of 3rd Reading April 1, 2008
  4/9/2008SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Don Harmon
  4/9/2008SenateSenate Floor Amendment No. 2 Referred to Rules
  4/11/2008SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Don Harmon
  4/11/2008SenateSenate Floor Amendment No. 3 Referred to Rules
  4/15/2008SenateSenate Floor Amendment No. 2 Rules Refers to Environment and Energy
  4/15/2008SenateSenate Floor Amendment No. 3 Rules Refers to Environment and Energy
  4/16/2008SenateSenate Floor Amendment No. 2 Recommend Do Adopt Environment and Energy; 013-000-000
  4/16/2008SenateSenate Floor Amendment No. 3 Recommend Do Adopt Environment and Energy; 013-000-000
  4/17/2008SenateAdded as Chief Co-Sponsor Sen. Kwame Raoul
  4/17/2008SenateRecalled to Second Reading
  4/17/2008SenateSenate Floor Amendment No. 2 Adopted; Harmon
  4/17/2008SenateSenate Floor Amendment No. 3 Adopted; Harmon
  4/17/2008SenatePlaced on Calendar Order of 3rd Reading
  4/17/2008SenateThird Reading - Passed; 055-000-000
  4/18/2008HouseArrived in House
  4/18/2008HousePlaced on Calendar Order of First Reading
  4/18/2008HouseChief House Sponsor Rep. Thomas Holbrook
  4/24/2008HouseFirst Reading
  4/24/2008HouseReferred to Rules Committee
  1/13/2009SenateSession Sine Die

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