HB1438ham001 95TH GENERAL ASSEMBLY

Public Utilities Committee

Filed: 3/20/2007

09500HB1438ham001 LRB095 07724 MJR 34071 a

AMENDMENT TO HOUSE BILL 1438

AMENDMENT NO. ______. Amend House Bill 1438 by replacing everything after the enacting clause with the following:

"Section 5. The Public Utilities Act is amended by adding Section 8-207.5 as follows:

(220 ILCS 5/8-207.5 new)

Sec. 8-207.5. Service for seriously ill customers. Notwithstanding existing administrative rules, discontinuance of gas or electric service to residential customers is prohibited when discontinuance of service will aggravate an existing serious illness of any person who is a permanent resident of the premises where gas or electric service is rendered. The prohibition against discontinuance of service may not exceed 90 days.

A registered physician or local board of health must certify in writing the illness to the utility in order for a customer to be protected from discontinuance of service. The written certification shall include: the name of the ill person; a statement that he or she is a resident of the premises in question; the name, business address, and telephone number of the certifying party; the nature of the illness; and the period of time during which termination will aggravate the illness. The initial certifications by the certifying party may be by telephone if written certification is forwarded to the utility within 15 days after the telephone certification.

An initial certification prohibits discontinuance of service for 60 days. The customer may renew certification for an additional 30 days by providing another certificate to the utility within the initial 60 days. Failure to renew the certificate entitles the utility to initiate discontinuance procedures.

A customer, or a person residing with that customer, who has a past due balance with the utility is not eligible for a medical certificate unless a one-third down payment is received on the past due balance and a deferred payment arrangement is made for the remaining outstanding balance to be paid within the following 12 months.

Customers that are not able to keep their account current after receiving the medical certification must apply for any available assistance to aid in the payment of the utility bills from any governmental or private agencies available. The customer must provide proof that they have applied for available assistance upon request of the utility or the customer will become ineligible for protection from discontinuance of service during the 60-day medical certification period.

The failure to make required payments for arrearages renders an individual ineligible for renewal of the certificate. This also will make the customer ineligible for an additional medical certificate in the future. If the customer remains current on the outstanding balance, they will be eligible to reapply for another medical certification after 12 months. No customer, or person residing with that customer, may file a certificate for protection from discontinuance of service unless that person has resided on the premises for at least 12 months.

The utility must provide notice of any discontinuance of service to the residential customers on a form approved by the Commission. In the event service is terminated within 30 days prior to certification of an illness by or for a qualifying resident, service shall be restored to that residence if a proper certification is thereafter made in accordance with this Section. The utility must restore service to any residential customer, regardless of connection status, who provides a certification in the form required by this Section for no less than 30 days.

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