| |||||||
| |||||||
| |||||||
| 1 | AMENDMENT TO HOUSE BILL 4761
| ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 4761 as follows: | ||||||
| 3 | on page 6, by replacing lines 22 through 26 with the following: | ||||||
| 4 | "(f) Any person or entity retained by a municipality or | ||||||
| 5 | county, or jointly by more than one such unit of local | ||||||
| 6 | government, to provide input, guidance, or advice in the | ||||||
| 7 | selection of an electricity supplier for an aggregation program | ||||||
| 8 | shall disclose in writing to the involved units of local | ||||||
| 9 | government the nature of any relationship through which the | ||||||
| 10 | person or entity may receive, either directly or indirectly, | ||||||
| 11 | commissions or other remuneration as a result of the selection | ||||||
| 12 | of any particular electricity supplier. The written disclosure | ||||||
| 13 | must be made prior to formal approval by the involved units of | ||||||
| 14 | local government of any professional services agreement with | ||||||
| 15 | the person or entity, or no later than October 1, 2012 with | ||||||
| 16 | respect to any such professional services agreement entered | ||||||
| 17 | into prior to the effective date of this amendatory Act of the | ||||||
| |||||||
| |||||||
| 1 | 97th General Assembly. The disclosure shall cover all direct | ||||||
| 2 | and indirect relationships through which commissions or | ||||||
| 3 | remuneration may result, including the pooling of commissions | ||||||
| 4 | or remuneration among multiple persons or entities, and shall | ||||||
| 5 | identify all involved electricity suppliers. The disclosure | ||||||
| 6 | requirements in this subsection (f) are to be liberally | ||||||
| 7 | construed to ensure that the nature of financial interests are | ||||||
| 8 | fully revealed, and these disclosure requirements shall apply | ||||||
| 9 | regardless of whether the involved person or entity is licensed | ||||||
| 10 | under Section 16-115C of the Public Utilities Act. Any person | ||||||
| 11 | or entity that fails to make the disclosure required under this | ||||||
| 12 | subsection (f) is liable to the involved units of local | ||||||
| 13 | government in an amount equal to all compensation paid to such | ||||||
| 14 | person or entity by the units of local government for the | ||||||
| 15 | input, guidance, or advice in the selection of an electricity | ||||||
| 16 | supplier, plus reasonable attorneys fees and court costs | ||||||
| 17 | incurred by the units of local government in connection with | ||||||
| 18 | obtaining such amount.".
| ||||||