Illinois 95th Regular Session Status: Enacted 3 D cosponsors

SB 171 — BANKING ACT-PROHIBITED ACTS

Last action — Public Act . . . . . . . . . 95-1051

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 31, 2007. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 9 sponsors

    0 primary, 9 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Illinois Banking Act. Creates an exception in a provision prohibiting the Director of Financial and Professional Regulation of the Division of Banks and Real Estate, his or her deputies, and employees of the Division of Banks and Real Estate of the Department of Financial and Professional Regulation (was the Commissioner, deputy directors, and employees of the Office of Banks and Real Estate) from obtaining a loan from an entity regulated by the Act by permitting an employee of the Division to obtain a loan from a regulated entity if the loan was not offered with the intent to influence the performance of the employee's official duties and if the loan qualifies within other exceptions under federal law. Effective immediately.

Bill Text

What changed in the latest version

1350 added · 170 removed

Plain-language change summary

In the latest version of Bill SB 171, several changes were made to the Public Utilities Act, specifically around the definitions and regulations for alternative gas suppliers. Notably, the new text now includes additional sections that clarify what constitutes an alternative gas supplier, ensuring better regulation and oversight of these entities. On the other hand, the previous version included provisions concerning credit card agreements, which have now been removed. This could be significant for consumer protection, as it eliminates a standard that could allow card issuers to raise interest rates based on unrelated financial behavior. Overall, these changes aim to enhance transparency and fairness in both energy supply and credit management.

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SB0171 Engrossed LRB095 06643 MJR 26749 b AN ACT concerning regulation.
SB0171 Enrolled LRB095 06643 MJR 26749 b AN ACT concerning regulation.
The Credit Card Issuance Act is amended by adding Section 1d as follows:
The Public Utilities Act is amended by changing Sections 19-105, 19-110, 19-115, 19-120, and 19-125 and by adding Sections 19-111 and 19-112 as follows:
(815 ILCS 140/1d new) Sec.
(220 ILCS 5/19-105) Sec.
1d.
19-105.
Universal default provisions prohibited.
Definitions.
No issuer of a credit card shall include in the issuer’s credit card contract or agreement a universal default clause.
For the purposes of this Article, the following terms shall be defined as set forth in this Section.
For purposes of this Section, "universal default clause" means any clause or provision included within a credit card agreement or contract that allows an issuer of a credit card to increase the interest rate on the issuer’s credit card if a holder is late with a payment to another credit card issuer or creditor.
"Alternative gas supplier" means every person, cooperative, corporation, municipal corporation, company, association, joint stock company or association, firm, partnership, individual, or other entity, their lessees, trustees, or receivers appointed by any court whatsoever, that offers gas for sale, lease, or in exchange for other value received to one or more customers, or that engages in the furnishing of gas to one or more customers, and shall include affiliated interests of a gas utility, resellers, aggregators and marketers, but shall not include (i) gas utilities (or any agent of the gas utility to the extent the gas utility provides tariffed services to customers through an agent);
Section 10.
(ii) public utilities that are owned and operated by any political SB0171 Enrolled - 2 - LRB095 06643 MJR 26749 b subdivision, public institution of higher education or municipal corporation of this State, or public utilities that are owned by a political subdivision, public institution of higher education, or municipal corporation and operated by any of its lessees or operating agents;
The Interest Act is amended by changing Section 4.2 as follows:
(iii) natural gas cooperatives that are not-for-profit corporations operated for the purpose of administering, on a cooperative basis, the furnishing of natural gas for the benefit of their members who are consumers of natural gas;
(815 ILCS 205/4.2) (from Ch.
and (iv) the ownership or operation of a facility that sells compressed natural gas at retail to the public for use only as a motor vehicle fuel and the selling of compressed natural gas at retail to the public for use only as a motor vehicle fuel.
17, par.
"Gas utility" means a public utility, as defined in Section 3-105 of this Act, that has a franchise, license, permit, or right to furnish or sell gas or transportation services to customers within a service area.
6407) Sec.
"Residential customer" means a customer who receives gas utility service for household purposes distributed to a dwelling of 2 or fewer units which is billed under a residential rate or gas utility service for household purposes distributed to a dwelling unit or units which is billed under a residential rate and is registered by a separate meter for each dwelling unit.
4.2.
"Sales agent" means any employee, agent, independent contractor, consultant, or other person that is engaged by the SB0171 Enrolled - 3 - LRB095 06643 MJR 26749 b alternative gas supplier to solicit customers to purchase, enroll in, or contract for alternative gas service on behalf of an alternative gas supplier.
Revolving credit;
"Service area" means (i) the geographic area within which a gas utility was lawfully entitled to provide gas to customers as of the effective date of this amendatory Act of the 92nd General Assembly and includes (ii) the location of any customer to which the gas utility was lawfully providing gas utility services on such effective date.
billing statements;
"Small commercial customer" means a nonresidential retail customer of a natural gas utility who consumed is identified by the alternative gas supplier, prior to becoming a customer of the alternative gas supplier, as consuming 5,000 or fewer therms of natural gas during the previous year;
disclosures.
provided that any alternative gas supplier may remove the customer from designation as a "small commercial customer" if the customer consumes more than 5,000 therms of natural gas in any calendar year after becoming a customer of the alternative gas supplier.
On a revolving credit which complies with subparagraphs (a), (b), (c), (d) and (e) of this Section 4.2, SB0171 Engrossed - 2 - LRB095 06643 MJR 26749 b it is lawful for any bank that has its main office or, after May 31, 1997, a branch in this State, a state or federal savings and loan association with its main office in this State, a state or federal credit union with its main office in this State, or a lender licensed under the Consumer Finance Act, the Consumer Installment Loan Act or the Sales Finance Agency Act, as such Acts are now and hereafter amended, to receive or contract to receive and collect interest in any amount or at any rate agreed upon by the parties to the revolving credit arrangement.
In determining whether a customer has consumed 5,000 or fewer therms of natural gas during the previous year, usage by the same commercial customer shall be aggregated to include usage at the same premises even if measured by more than one meter, and to include usage at multiple premises.
It is lawful for any other lender to receive or contract to receive and collect interest in an amount not in excess of 1 1/2% per month of either the average daily unpaid balance of the principal of the debt during the billing cycle, or of the unpaid balance of the debt on approximately the same day of the billing cycle.
Nothing in this Section creates an affirmative obligation on a gas utility to monitor or inform customers or alternative gas suppliers as to a customer's status as a small commercial customer as that term SB0171 Enrolled - 4 - LRB095 06643 MJR 26749 b is defined herein.
If a lender under a revolving credit arrangement notifies the debtor at least 30 days in advance of any lawful increase in the amount or rate of interest to be charged under the revolving credit arrangement, and the debtor, after the effective date of such notice, incurs new debt pursuant to the revolving credit arrangement, the increased interest amount or rate may be applied only to any such new debt incurred under the revolving credit arrangement.
Nothing in this Section relieves a gas utility from any obligation to provide information upon request to a customer, alternative gas supplier, the Commission, or others necessary to determine whether a customer meets the classification of small commercial customers as that term is defined herein.
For purposes of determining the balances to which the increased interest rate applies, all payments and other credits may be deemed to be applied to the balance existing prior to the change in rate until that balance is paid SB0171 Engrossed - 3 - LRB095 06643 MJR 26749 b in full.
"Tariffed service" means a service provided to customers by a gas utility as defined by its rates on file with the Commission pursuant to the provisions of Article IX of this Act.
The face amount of the drafts, items, orders for the payment of money, evidences of debt, or similar written instruments received by the lender in connection with the revolving credit, less the amounts applicable to principal from time to time paid thereon by the debtor, are the unpaid balance of the debt upon which the interest is computed.
"Transportation services" means those services provided by the gas utility that are necessary in order for the storage, transmission and distribution systems to function so that customers located in the gas utility's service area can receive gas from suppliers other than the gas utility and shall include, without limitation, standard metering and billing services.
If the billing cycle is not monthly, the maximum interest rate for the billing cycle is the percentage which bears the same relation to the monthly percentage provided for in the preceding sentence as the number of days in the billing cycle bears to 30.
For the purposes of the foregoing computation, a "month" is deemed to be any time of 30 consecutive days.
In addition to the interest charge provided for, it is lawful to receive, contract for or collect a charge not exceeding 25 cents for each transaction in which a loan or advance is made under the revolving credit or in lieu of this additional charge an annual fee for the privilege of receiving and using the revolving credit in an amount not exceeding $20.
In addition, with respect to revolving credit secured by an interest in real estate, it is also lawful to receive, contract for or collect fees lawfully paid to any public officer or agency to record, file or release the security, and costs and disbursements actually incurred for any title insurance, title examination, abstract of title, survey, appraisal, escrow fees, and fees paid to a trustee in connection with a trust deed.
(a) At or before the date a bill or statement is first SB0171 Engrossed - 4 - LRB095 06643 MJR 26749 b rendered to the debtor under a revolving credit arrangement, the lender must mail or deliver to the debtor a written description of the conditions under which a charge for interest may be made and the method, including the rate, of computing these interest charges.
The rate of interest must be expressed as an annual percentage rate.
(b) If during any billing cycle any debit or credit entry is made to a debtor’s revolving credit account, and if at the end of that billing cycle there is an unpaid balance owing to the lender from the debtor, the lender must give to the debtor the following information within a reasonable time after the end of the billing cycle:
(i) the unpaid balance at the beginning of the billing cycle;
(ii) the date and amount of all loans or advances made during the billing cycle, which information may be supplied by enclosing a copy of the drafts, items, orders for the payment of money, evidences of debt or similar written instruments presented to the lender during the billing cycle;
(iii) the payments by the debtor to the lender and any other credits to the debtor during the billing cycle;
(iv) the amount of interest and other charges, if any, charged to the debtor’s account during the billing cycle;
(v) the amount which must be currently paid by the debtor and the date on which that amount must be paid in SB0171 Engrossed - 5 - LRB095 06643 MJR 26749 b order to avoid delinquency;
(vi) the total amount remaining unpaid at the end of the billing cycle and the right of the debtor to prepay that amount in full without penalty;
and (vii) information required by (iv), (v) and (vi) must be set forth in type of equal size and equal conspicuousness.
(b-5) In the case of any credit card account under a revolving credit arrangement containing a universal default provision, no increase in the annual percentage rate of interest, applicable to the account or any portion of an outstanding balance on the account may be made to a credit card account because the holder is late with a payment to another credit card issuer or creditor.
(c) The revolving credit arrangement may provide for the payment by the debtor and receipt by the lender of all costs and disbursements, including reasonable attorney’s fees, incurred by the lender in legal proceedings to collect or enforce the debt in the event of delinquency by the debtor or in the event of a breach of any obligation of the debtor under the arrangement.
(d) The lender under a revolving credit arrangement may provide credit life insurance or credit accident and health insurance, or both, with respect to the debtor and may charge the debtor therefor.
Credit life insurance and credit accident and health insurance, and any charge therefor made to the SB0171 Engrossed - 6 - LRB095 06643 MJR 26749 b debtor, shall comply with Article IX 1/2 of the Illinois Insurance Code, as now or hereafter amended, and all lawful requirements of the Director of Insurance related thereto.
This insurance is in force with respect to each loan or advance made under a revolving credit arrangement as soon as the loan or advance is made.
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The purchase of this insurance from an agent, broker or insurer specified by the lender may not be a condition precedent to the revolving credit arrangement or to the making of any loan or advance thereunder.
(e) Whenever interest is contracted for or received under this Section, no amount in addition to the charges authorized by this Act may be directly or indirectly charged, contracted for or received whether as interest, service charges, costs of investigations or enforcements or otherwise.
(f) The lender under a revolving credit arrangement must compute at year end the total amount charged to the debtor’s account during the year, including service charges, finance charges, late charges and any other charges authorized by this Act, and upon request must furnish such information to the debtor within 30 days after the end of the year, or if the account has been terminated during such year, may give such requested information within 30 days after such termination.
The lender shall annually inform the debtor of his right to obtain such information.
(g) A lender who complies with the federal Truth in Lending Act, amendments thereto, and any regulations issued or which SB0171 Engrossed - 7 - LRB095 06643 MJR 26749 b may be issued thereunder, shall be deemed to be in compliance with the provisions of subparagraphs (a) and (b) of this Section.
(h) Anything in this Section 4.2 to the contrary notwithstanding, if the Congress of the United States or any federal agency authorizes any class of lenders to enter, within limitations, into a revolving credit arrangement secured by a mortgage or deed of trust on residential real property, any person, firm, corporation or other entity, not otherwise prohibited by the Congress of the United States or any federal agency from entering into revolving credit arrangements secured by a mortgage or deed of trust on residential real property, may enter into such arrangements within the same limitations.
89-208, eff.
94-738, eff.
9-29-95.)
5-4-06.) (220 ILCS 5/19-110) Sec.
19-110.
Certification of alternative gas suppliers.
(a) The provisions of this Section shall apply only to alternative gas suppliers serving or seeking to serve residential or small commercial customers and only to the extent such alternative gas suppliers provide services to residential or small commercial customers.
SB0171 Enrolled - 5 - LRB095 06643 MJR 26749 b (b) An alternative gas supplier must obtain a certificate of service authority from the Commission in accordance with this Section before serving any customer or other user located in this State.
An alternative gas supplier may request, and the Commission may grant, a certificate of service authority for the entire State or for a specified geographic area of the State.
A person, corporation, or other entity acting as an alternative gas supplier on the effective date of this amendatory Act of the 92nd General Assembly shall have 180 days from the effective date of this amendatory Act of the 92nd General Assembly to comply with the requirements of this Section in order to continue to operate as an alternative gas supplier.
(c) An alternative gas supplier seeking a certificate of service authority shall file with the Commission a verified application containing information showing that the applicant meets the requirements of this Section.
The alternative gas supplier shall publish notice of its application in the official State newspaper within 10 days following the date of its filing.
No later than 45 days after the application is properly filed with the Commission, and such notice is published, the Commission shall issue its order granting or denying the application.
(d) An application for a certificate of service authority shall identify the area or areas in which the applicant intends to offer service and the types of services it intends to offer.
SB0171 Enrolled - 6 - LRB095 06643 MJR 26749 b Applicants that seek to serve residential or small commercial customers within a geographic area that is smaller than a gas utility's service area shall submit evidence demonstrating that the designation of this smaller area does not violate Section 19-115.
An applicant may state in its application for certification any limitations that will be imposed on the number of customers or maximum load to be served.
The applicant shall submit as part of its application a statement indicating:
(1) Whether the applicant has been denied a natural gas supplier license in any state in the United States.
(2) Whether the applicant has had a natural gas supplier license suspended or revoked by any state in the United States.
(3) Where, if any, other natural gas supplier license applications are pending in the United States.
(4) Whether the applicant is the subject of any lawsuits filed in a court of law or formal complaints filed with a regulatory agency alleging fraud, deception or unfair marketing practices, or other similar allegations, identifying the name, case number, and jurisdiction of each such lawsuit or complaint.
For the purposes of this subsection (d), formal complaints include only those complaints that seek a binding determination from a state or federal regulatory body.
(e) The Commission shall grant the application for a certificate of service authority if it makes the findings set SB0171 Enrolled - 7 - LRB095 06643 MJR 26749 b forth in this subsection based on the verified application and such other information as the applicant may submit.
(1) That the applicant possesses possess sufficient technical, financial, and managerial resources and abilities to provide the service for which it seeks a certificate of service authority.
In determining the level of technical, financial, and managerial resources and abilities which the applicant must demonstrate, the Commission shall consider:
(A) the characteristics, including the size and financial sophistication of the customers that the applicant seeks to serve;
, and shall consider (B) whether the applicant seeks to provide gas using property, plant, and equipment that it owns, controls, or operates;
and (C) the applicant's commitment of resources to the management of sales and marketing staff, through affirmative managerial policies, independent audits, technology, hands-on field monitoring and training, and, in the case of applicants who will have sales personnel or sales agents within the State of Illinois, the applicant's managerial presence within the State.
(2) That the applicant will comply with all applicable federal, State, regional, and industry rules, policies, practices, and procedures for the use, operation, and maintenance of the safety, integrity, and reliability of SB0171 Enrolled - 8 - LRB095 06643 MJR 26749 b the gas transmission system.
(3) That the applicant will comply with such informational or reporting requirements as the Commission may by rule establish.
(4) That the area to be served by the applicant and any limitations it proposes on the number of customers or maximum amount of load to be served meet the provisions of Section 19-115, provided, that if the applicant seeks to serve an area smaller than the service area of a gas utility or proposes other limitations on the number of customers or maximum amount of load to be served, the Commission can extend the time for considering such a certificate request by up to 90 days, and can schedule hearings on such a request.
(5) That the applicant and the applicant's sales agents will comply with all other applicable laws and rules.
(f) The Commission can extend the time for considering such a certificate request by up to 90 days, and can schedule hearings on such a request if:
(1) a party to the application proceeding has formally requested that the Commission hold hearings in a pleading that alleges that one or more of the allegations or certifications in the application is false or misleading;
or (2) other facts or circumstances exist that will necessitate additional time or evidence in order to SB0171 Enrolled - 9 - LRB095 06643 MJR 26749 b determine whether a certificate should be issued.
(g) (f) The Commission shall have the authority to promulgate rules to carry out the provisions of this Section.
Within 30 days after the effective date of this amendatory Act of the 92nd General Assembly, the Commission shall adopt an emergency rule or rules applicable to the certification of those gas suppliers that seek to serve residential customers.
Within 180 days of the effective date of this amendatory Act of the 92nd General Assembly, the Commission shall adopt rules that specify criteria which, if met by any such alternative gas supplier, shall constitute the demonstration of technical, financial, and managerial resources and abilities to provide service required by item (1) of subsection (e) of this Section, such as a requirement to post a bond or letter of credit, from a responsible surety or financial institution, of sufficient size for the nature and scope of the services to be provided, demonstration of adequate insurance for the scope and nature of the services to be provided, and experience in providing similar services in other jurisdictions.
(h) The Commission may deny with prejudice any application that repeatedly fails to include the attachments, documentation, and affidavits required by the application form or that repeatedly fails to provide any other information required by this Section.
(Source:
P.A.
92-529, eff.
2-8-02;
92-852, eff.
8-26-02.) SB0171 Enrolled - 10 - LRB095 06643 MJR 26749 b (220 ILCS 5/19-111 new) Sec.
19-111.
Material changes in business.
(a) The provisions of this Section shall apply only to alternative gas suppliers serving or seeking to serve residential or small commercial customers and only to the extent such alternative gas suppliers provide services to residential or small commercial customers.
(b) Alternative gas suppliers shall file with the Commission a notification of any material change to the information supplied in a certification application within 30 days of such material change.
(1) An alternative gas supplier shall file such notice under the docket number assigned to the alternative gas supplier's certification application, whichever is the most recent.
The supplier shall also serve such notice upon the gas utility company serving customers in the service area where the alternative gas supplier is certified to provide service.
(2) After notice and an opportunity for a hearing, the Commission may (i) suspend, rescind, or conditionally rescind an alternative gas supplier's certificate if it determines that the material change will adversely affect the alternative gas supplier's fitness or ability to provide the services for which it is certified or (ii) require the alternative gas supplier to provide reasonable financial assurances sufficient to protect their customers SB0171 Enrolled - 11 - LRB095 06643 MJR 26749 b and gas utilities from default.
(c) Material changes to the information contained in or supplied with a certification application include, but are not limited to, the following:
(1) Any significant change in ownership (an ownership interest of 5% or more) of the applicant or alternative gas supplier.
(2) An affiliation with any gas utility or change of an affiliation with a gas utility in this State.
(3) Retirement or other long-term changes to the operational status of supply resources relied upon by the alternative gas supplier to provide alternative gas service.
Changes in the volume of supply from any given supply resource replaced by a comparable supply resource do not need to be reported.
(4) Revocation, restriction, or termination of any interconnection or service agreement with a pipeline company or natural gas company relied upon by an alternative gas supplier to provide alternative retail natural gas service, but only if such revocation, restriction, or termination creates a situation in which the alternative gas supplier does not meet the tariffed capacity requirements of the relevant Illinois natural gas utility or utilities.
(5) If the alternative gas supplier has a long-term bond rating from Standard & Poor's or its successor, or SB0171 Enrolled - 12 - LRB095 06643 MJR 26749 b Fitch Ratings or its successor, or Moody's Investor Service or its successor, and the alternative gas supplier's long-term bond rating falls below BBB as reported by Standard & Poor's or its successor or Fitch Ratings or its successor or below Baa3 as reported by Moody's Investors Service or its successor.
(6) The applicant or alternative gas supplier has or intends to file for reorganization, protection from creditors, or any other form of bankruptcy with any court.
(7) Any judgment, finding, or ruling by a court or regulatory agency that could affect an alternative gas supplier's fitness or ability to provide service in this State.
(8) Any change in the alternative gas supplier's name or logo, including without limitation any change in the alternative gas supplier's legal name, fictitious names, or assumed business names, except for logos and names the alternative gas supplier provided as part of its original certification process or that the alternative gas supplier previously provided to the Commission under this Section.
(220 ILCS 5/19-112 new) Sec.
19-112.
Managerial resources.
(a) An alternative gas supplier must maintain sufficient managerial resources and abilities to provide the service for which it has a certificate of service authority.
In determining SB0171 Enrolled - 13 - LRB095 06643 MJR 26749 b the level of managerial resources and abilities that the alternative gas supplier must demonstrate, the Commission shall consider, in addition to the requirements in 19-110(e)(1), the following:
(1) complaints to the Commission by consumers regarding the alternative gas supplier, including those that reflect on the alternative gas supplier's ability to properly manage solicitation and authorization;
and (2) the alternative gas supplier's involvement in the Commission's consumer complaint process, including the resources the alternative gas supplier dedicates to the process and the alternative gas supplier's ability to manage the issues raised by complaints, and the resolutions of the complaints.
(b) The provisions of this Section shall apply only to alternative gas suppliers serving or seeking to serve residential or small commercial customers and only to the extent such alternative gas suppliers provide services to residential or small commercial customers, unless otherwise noted.
(220 ILCS 5/19-115) Sec.
19-115.
Obligations of alternative gas suppliers.
(a) The provisions of this Section shall apply only to alternative gas suppliers serving or seeking to serve residential or small commercial customers and only to the SB0171 Enrolled - 14 - LRB095 06643 MJR 26749 b extent such alternative gas suppliers provide services to residential or small commercial customers.
(b) An alternative gas supplier shall:
(1) comply with the requirements imposed on public utilities by Sections 8-201 through 8-207, 8-301, 8-505 and 8-507 of this Act, to the extent that these Sections have application to the services being offered by the alternative gas supplier;
and (2) continue to comply with the requirements for certification stated in Section 19-110;.
(3) comply with complaint procedures established by the Commission;
(4) except as provided in subsection (h) of this Section, file with the Chief Clerk of the Commission, within 20 business days after the effective date of this amendatory Act of the 95th General Assembly, a copy of bill formats, standard customer contract and customer complaint and resolution procedures, and the name and telephone number of the company representative whom Commission employees may contact to resolve customer complaints and other matters.
In the case of a gas supplier that engages in door-to-door solicitation, the company shall file with the Commission the consumer information disclosure required by item (3) of subsection (c) of Section 2DDD of the Consumer Fraud and Deceptive Business Practices Act and shall file updated information within 10 business days SB0171 Enrolled - 15 - LRB095 06643 MJR 26749 b after changes in any of the documents or information required to be filed by this item (4);
and (5) maintain a customer call center where customers can reach a representative and receive current information.
At least once every 6 months, each alternative gas supplier shall provide written information to customers explaining how to contact the call center.
The average answer time for calls placed to the call center shall not exceed 60 seconds where a representative or automated system is ready to render assistance and/or accept information to process calls.
The abandon rate for calls placed to the call center shall not exceed 10%.
Each alternative gas supplier shall maintain records of the call center's telephone answer time performance and abandon call rate.
These records shall be kept for a minimum of 2 years and shall be made available to Commission personnel upon request.
In the event that answer times and/or abandon rates exceed the limits established above, the reporting alternative gas supplier may provide the Commission or its personnel with explanatory details.
At a minimum, these records shall contain the following information in monthly increments:
(A) total number of calls received;
(B) number of calls answered;
(C) average answer time;
(D) number of abandoned calls;
and (E) abandon call rate.
SB0171 Enrolled - 16 - LRB095 06643 MJR 26749 b Alternative gas suppliers that do not have electronic answering capability that meets these requirements shall notify the Manager of the Commission's Consumer Services Division or its successor within 30 days following the effective date of this amendatory Act of the 95th General Assembly and work with Staff to develop individualized reporting requirements as to the call volume and responsiveness of the call center.
On or before March 1 of every year, each entity shall file a report with the Chief Clerk of the Commission for the preceding calendar year on its answer time and abandon call rate for its call center.
A copy of the report shall be sent to the Manager of the Consumer Services Division or its successor.
(c) An alternative gas supplier shall not submit or execute a change in a customer's selection of a natural gas provider unless and until (i) the alternative gas supplier first discloses all material terms and conditions of the offer to the customer;
(ii) the alternative gas supplier has obtained the customer's express agreement to accept the offer after the disclosure of all material terms and conditions of the offer;
and (iii) the alternative gas supplier has confirmed the request for a change in accordance with one of the following procedures:
(1) The alternative gas supplier has obtained the customer's written or electronically signed authorization in a form that meets the following requirements:
SB0171 Enrolled - 17 - LRB095 06643 MJR 26749 b (A) An alternative gas supplier shall obtain any necessary written or electronically signed authorization from a customer for a change in natural gas service by using a letter of agency as specified in this Section.
Any letter of agency that does not conform with this Section is invalid.
(B) The letter of agency shall be a separate document (or an easily separable document containing only the authorization language described in item (E) of this paragraph (1)) whose sole purpose is to authorize a natural gas provider change.
The letter of agency must be signed and dated by the customer requesting the natural gas provider change.
(C) The letter of agency shall not be combined with inducements of any kind on the same document.
(D) Notwithstanding items (A) and (B) of this paragraph (1), the letter of agency may be combined with checks that contain only the required letter of agency language prescribed in item (E) of this paragraph (1) and the necessary information to make the check a negotiable instrument.
The letter of agency check shall not contain any promotional language or material.
The letter of agency check shall contain in easily readable, bold face type on the face of the check a notice that the consumer is authorizing a natural gas provider change by signing the check.
The SB0171 Enrolled - 18 - LRB095 06643 MJR 26749 b letter of agency language also shall be placed near the signature line on the back of the check.
(E) At a minimum, the letter of agency must be printed with a print of sufficient size to be clearly legible and must contain clear and unambiguous language that confirms:
(i) the customer's billing name and address;
(ii) the decision to change the natural gas provider from the current provider to the prospective alternative gas supplier;
(iii) the terms, conditions, and nature of the service to be provided to the customer, including, but not limited to, the rates for the service contracted for by the customer;
and (iv) that the customer understands that any natural gas provider selection the customer chooses may involve a charge to the customer for changing the customer's natural gas provider.
(F) Letters of agency shall not suggest or require that a customer take some action in order to retain the customer's current natural gas provider.
(G) If any portion of a letter of agency is translated into another language, then all portions of the letter of agency must be translated into that language.
(2) An appropriately qualified independent third party SB0171 Enrolled - 19 - LRB095 06643 MJR 26749 b has obtained, in accordance with the procedures set forth in this paragraph (2), the customer's oral authorization to change natural gas providers that confirms and includes appropriate verification data.
The independent third party must (i) not be owned, managed, controlled, or directed by the alternative gas supplier or the alternative gas supplier's marketing agent;
(ii) not have any financial incentive to confirm provider change requests for the alternative gas supplier or the alternative gas supplier's marketing agent;
and (iii) operate in a location physically separate from the alternative gas supplier or the alternative gas supplier's marketing agent.
Automated third-party verification systems and 3-way conference calls may be used for verification purposes so long as the other requirements of this paragraph (2) are satisfied.
An alternative gas supplier or alternative gas supplier's sales representative initiating a 3-way conference call or a call through an automated verification system must drop off the call once the 3-way connection has been established.
All third-party verification methods shall elicit, at a minimum, the following information:
(A) the identity of the customer;
(B) confirmation that the person on the call is authorized to make the provider change;
(C) confirmation that the person on the call wants to make the provider change;
SB0171 Enrolled - 20 - LRB095 06643 MJR 26749 b (D) the names of the providers affected by the change;
(E) the service address of the service to be switched;
and (F) the price of the service to be provided and the material terms and conditions of the service being offered, including whether any early termination fees apply.
Third-party verifiers may not market the alternative gas supplier's services by providing additional information.
All third-party verifications shall be conducted in the same language that was used in the underlying sales transaction and shall be recorded in their entirety.
Submitting alternative gas suppliers shall maintain and preserve audio records of verification of customer authorization for a minimum period of 2 years after obtaining the verification.
Automated systems must provide customers with an option to speak with a live person at any time during the call.
(3) The alternative gas supplier has obtained the customer's authorization via an automated verification system to change natural gas service via telephone.
An automated verification system is an electronic system that, through pre-recorded prompts, elicits voice responses, touchtone responses, or both, from the customer and records both the prompts and the customer's responses.
SB0171 Enrolled - 21 - LRB095 06643 MJR 26749 b Such authorization must elicit the information in paragraph (2)(A) through (F) of this subsection (c).
Alternative gas suppliers electing to confirm sales electronically through an automated verification system shall establish one or more toll-free telephone numbers exclusively for that purpose.
Calls to the number or numbers shall connect a customer to a voice response unit, or similar mechanism, that makes a date-stamped, time-stamped recording of the required information regarding the alternative gas supplier change.
The alternative gas supplier shall not use such electronic authorization systems to market its services.
(4) When a consumer initiates the call to the prospective alternative gas supplier, in order to enroll the consumer as a customer, the prospective alternative gas supplier must, with the consent of the customer, make a date-stamped, time-stamped audio recording that elicits, at a minimum, the following information:
(A) the identity of the customer;
(B) confirmation that the person on the call is authorized to make the provider change;
(C) confirmation that the person on the call wants to make the provider change;
(D) the names of the providers affected by the change;
(E) the service address of the service to be SB0171 Enrolled - 22 - LRB095 06643 MJR 26749 b switched;
and (F) the price of the service to be supplied and the material terms and conditions of the service being offered, including whether any early termination fees apply.
Submitting alternative gas suppliers shall maintain and preserve the audio records containing the information set forth above for a minimum period of 2 years.
(5) In the event that a customer enrolls for service from an alternative gas supplier via an Internet website, the alternative gas supplier shall obtain an electronically signed letter of agency in accordance with paragraph (1) of this subsection (c) and any customer information shall be protected in accordance with all applicable statutes and regulations.
In addition, an alternative gas supplier shall provide the following when marketing via an Internet website:
(A) The Internet enrollment website shall, at a minimum, include:
(i) a copy of the alternative gas supplier's customer contract that clearly and conspicuously discloses all terms and conditions;
and (ii) a conspicuous prompt for the customer to print or save a copy of the contract.
(B) Any electronic version of the contract shall be identified by version number, in order to ensure the SB0171 Enrolled - 23 - LRB095 06643 MJR 26749 b ability to verify the particular contract to which the customer assents.
(C) Throughout the duration of the alternative gas supplier's contract with a customer, the alternative gas supplier shall retain and, within 3 business days of the customer's request, provide to the customer an e-mail, paper, or facsimile of the terms and conditions of the numbered contract version to which the customer assents.
(D) The alternative gas supplier shall provide a mechanism by which both the submission and receipt of the electronic letter of agency are recorded by time and date.
(E) After the customer completes the electronic letter of agency, the alternative gas supplier shall disclose conspicuously through its website that the customer has been enrolled, and the alternative gas supplier shall provide the customer an enrollment confirmation number.
(6) When a customer is solicited in person by the alternative gas supplier's sales agent, the alternative gas supplier may only obtain the customer's authorization to change natural gas service through the method provided for in paragraph (2) of this subsection (c).
Alternative gas suppliers must be in compliance with this subsection (c) within 90 days after the effective date of this SB0171 Enrolled - 24 - LRB095 06643 MJR 26749 b amendatory Act of the 95th General Assembly.
(d) Complaints may be filed with the Commission under this Section by a customer whose natural gas service has been provided by an alternative gas supplier in a manner not in compliance with subsection (c) of this Section.
If, after notice and hearing, the Commission finds that an alternative gas supplier has violated subsection (c), then the Commission may in its discretion do any one or more of the following:
(1) Require the violating alternative gas supplier to refund the customer charges collected in excess of those that would have been charged by the customer's authorized natural gas provider.
(2) Require the violating alternative gas supplier to pay to the customer's authorized natural gas provider the amount the authorized natural gas provider would have collected for natural gas service.
The Commission is authorized to reduce this payment by any amount already paid by the violating alternative gas supplier to the customer's authorized natural gas provider.
(3) Require the violating alternative gas supplier to pay a fine of up to $1,000 into the Public Utility Fund for each repeated and intentional violation of this Section.
(4) Issue a cease and desist order.
(5) For a pattern of violation of this Section or for intentionally violating a cease and desist order, revoke the violating alternative gas supplier's certificate of SB0171 Enrolled - 25 - LRB095 06643 MJR 26749 b service authority.
(c) An alternative gas supplier shall obtain verifiable authorization from a customer, in a form or manner approved by the Commission, before the customer is switched from another supplier.
(e) (d) No alternative gas supplier shall:
(1) enter into or employ any arrangements which have the effect of preventing any customer from having access to the services of the gas utility in whose service area the customer is located;
or (2) charge customers for such access;.
(3) bill for goods or services not authorized by the customer;
or (4) bill for a disputed amount where the alternative gas supplier has been provided notice of such dispute.
The supplier shall attempt to resolve a dispute with the customer.
When the dispute is not resolved to the customer's satisfaction, the supplier shall inform the customer of the right to file an informal complaint with the Commission and provide contact information.
While the pending dispute is active at the Commission, an alternative gas supplier may bill only for the undisputed amount until the Commission has taken final action on the complaint.
(f) (e) An alternative gas supplier that is certified to serve residential or small commercial customers shall not:
(1) deny service to a customer or group of customers SB0171 Enrolled - 26 - LRB095 06643 MJR 26749 b nor establish any differences as to prices, terms, conditions, services, products, facilities, or in any other respect, whereby such denial or differences are based upon race, gender, or income;
or (2) deny service based on locality, nor establish any unreasonable difference as to prices, terms, conditions, services, products, or facilities as between localities;.
(3) include in any agreement a provision that obligates a customer to the terms of the agreement if the customer (i) moves outside the State of Illinois;
(ii) moves to a location without a transportation service program;
or (iii) moves to a location where the customer will not require natural gas service, provided that nothing in this subsection precludes an alternative gas supplier from taking any action otherwise available to it to collect a debt that arises out of service provided to the customer before the customer moved;
or (4) assign the agreement to any alternative natural gas supplier, unless:
(A) the supplier is an alternative gas supplier certified by the Commission;
(B) the rates, terms, and conditions of the agreement being assigned do not change during the remainder of the time covered by the agreement;
(C) the customer is given no less than 30 days prior written notice of the assignment and contact SB0171 Enrolled - 27 - LRB095 06643 MJR 26749 b information for the new supplier;
and (D) the supplier assigning the contract provides contact information that a customer can use to resolve a dispute.
(g) (f) An alternative gas supplier shall comply with the following requirements with respect to the marketing, offering, and provision of products or services:
(1) Any marketing materials which make statements concerning prices, terms, and conditions of service shall contain information that adequately discloses the prices, terms and conditions of the products or services.
(2) Before any customer is switched from another supplier, the alternative gas supplier shall give the customer written information that clearly and conspicuously adequately discloses, in plain language, the prices, terms, and conditions of the products and services being offered and sold to the customer.
Nothing in this paragraph (2) may be read to relieve an alternative gas supplier from the duties imposed on it by item (3) of subsection (c) of Section 2DDD of the Consumer Fraud and Deceptive Business Practices Act.
(3) The alternative gas supplier shall provide to the customer:
(A) accurate, timely, and itemized billing statements that describe the products and services provided to the customer and their prices and that SB0171 Enrolled - 28 - LRB095 06643 MJR 26749 b specify the gas consumption amount and any service charges and taxes;
provided that this item (g)(3)(A) (f)(3)(A) does not apply to small commercial customers;
(B) billing statements that clearly and conspicuously discloses the name and contact information for the alternative gas supplier;
(C) an additional statement, at least annually, that adequately discloses the average monthly prices, and the terms and conditions, of the products and services sold to the customer;
provided that this item (g)(3)(C) (f)(3)(B) does not apply to small commercial customers;
(D) (C) refunds of any deposits with interest within 30 days after the date that the customer changes gas suppliers or discontinues service if the customer has satisfied all of his or her outstanding financial obligations to the alternative gas supplier at an interest rate set by the Commission which shall be the same as that required of gas utilities;
and (E) (D) refunds, in a timely fashion, of all undisputed overpayments upon the oral or written request of the customer.
(4) 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 SB0171 Enrolled - 29 - LRB095 06643 MJR 26749 b the alternative gas supplier shall obtain on the 15th calendar day of the month from the gas utility in whose service area the consumer is provided with gas service.
If the 15th calendar day is a non-business day, then the alternative gas supplier shall obtain the list on the next business day following the 15th calendar day of that month.
(5) Early Termination.
(A) Any agreement that contains an early termination clause shall disclose the amount of the early termination fee, provided that any early termination fee or penalty shall not exceed $50 total, regardless of whether or not the agreement is a multiyear agreement.
(B) In any agreement that contains an early termination clause, an alternative gas supplier shall provide the customer the opportunity to terminate the agreement without any termination fee or penalty within 10 business days after the date of the first bill issued to the customer for products or services provided by the alternative gas supplier.
The agreement shall disclose the opportunity and provide a toll-free phone number that the customer may call in order to terminate the agreement.
(6) Within 2 business days after electronic receipt of a customer switch from the alternative gas supplier and confirmation of eligibility, the gas utility shall provide SB0171 Enrolled - 30 - LRB095 06643 MJR 26749 b the customer written notice confirming the switch.
The gas utility shall not switch the service until 10 business days after the date on the notice to the customer.
(7) The alternative gas supplier shall provide each customer the opportunity to rescind its agreement without penalty within 10 business days after the date on the gas utility notice to the customer.
The alternative gas supplier shall disclose all of the following:
(A) that the gas utility shall send a notice confirming the switch;
(B) that from the date the utility issues the notice confirming the switch, the customer shall have 10 business days to rescind the switch without penalty;
(C) that the customer shall contact the gas utility or the alternative gas supplier to rescind the switch;
and (D) the contact information for the gas utility.
The alternative gas supplier disclosure shall be included in its sales solicitations, contracts, and all applicable sales verification scripts.
(h) (g) An alternative gas supplier may limit the overall size or availability of a service offering by specifying one or more of the following:
(1) a maximum number of customers and maximum amount of gas load to be served;
(2) time period during which the offering will be SB0171 Enrolled - 31 - LRB095 06643 MJR 26749 b available;
or (3) other comparable limitation, but not including the geographic locations of customers within the area which the alternative gas supplier is certificated to serve.
The alternative gas supplier shall file the terms and conditions of such service offering including the applicable limitations with the Commission prior to making the service offering available to customers.
(i) (h) Nothing in this Section shall be construed as preventing an alternative gas supplier that is an affiliate of, or which contracts with, (i) an industry or trade organization or association, (ii) a membership organization or association that exists for a purpose other than the purchase of gas, or (iii) another organization that meets criteria established in a rule adopted by the Commission from offering through the organization or association services at prices, terms and conditions that are available solely to the members of the organization or association.
(Source:
P.A.
92-529, eff.
2-8-02;
92-852, eff.
8-26-02.) (220 ILCS 5/19-120) Sec.
19-120.
Commission oversight of services provided by gas suppliers.
(a) The provisions of this Section shall apply only to alternative gas suppliers serving or seeking to serve residential or small commercial customers and only to the SB0171 Enrolled - 32 - LRB095 06643 MJR 26749 b extent such alternative gas suppliers provide services to residential or small commercial customers.
(b) The Commission shall have jurisdiction in accordance with the provisions of Article X of this Act either to investigate on its own motion in order to determine whether or to entertain and dispose of any complaint against any alternative gas supplier alleging that:
(1) the alternative gas supplier has violated or is in nonconformance with any applicable provisions of Section 19-110, 19-111, 19-112, or Section 19-115;
(2) an alternative gas supplier has failed to provide service in accordance with the terms of its contract or contracts with a customer or customers;
(3) the alternative gas supplier has violated or is in nonconformance with the transportation services tariff of, or any of its agreements relating to transportation services with, the gas utility or municipal system providing transportation services;
or (4) the alternative gas supplier has violated or failed to comply with the requirements of Sections 8-201 through 8-207, 8-301, 8-505, or 8-507 of this Act as made applicable to alternative gas suppliers.
(c) The Commission shall have authority after notice and hearing held on complaint or on the Commission's own motion to order any or all of the following remedies, penalties, or forms of relief:
SB0171 Enrolled - 33 - LRB095 06643 MJR 26749 b (1) order an alternative gas supplier to cease and desist, or correct, any violation of or nonconformance with the provisions of Section 19-110, 19-111, 19-112, or 19-115;
(2) impose financial penalties for violations of or nonconformances with the provisions of Section 19-110, 19-111, 19-112, or 19-115, not to exceed (i) $10,000 per occurrence or (ii) $30,000 per day for those violations or nonconformances which continue after the Commission issues a cease-and-desist order;
and (3) alter, modify, revoke, or suspend the certificate of service authority of an alternative gas supplier for substantial or repeated violations of or nonconformances with the provisions of Section 19-110, 19-111, 19-112, or 19-115.
(d) Nothing in this Act shall be construed to limit, restrict, or mitigate in any way the power and authority of the State's Attorneys or the Attorney General under the Consumer Fraud and Deceptive Business Practices Act.
(Source:
P.A.
92-529, eff.
2-8-02;
92-852, eff.
8-26-02.) (220 ILCS 5/19-125) Sec.
19-125.
Consumer education.
(a) The Commission shall make available upon request and at no charge, and shall make available to the public on the Internet through the State of Illinois World Wide Web site:
SB0171 Enrolled - 34 - LRB095 06643 MJR 26749 b (1) a list of all certified alternative gas suppliers serving residential and small commercial customers within the service area of each gas utility including, in the case of the Internet, computer links to available web sites of the certified alternative gas suppliers;
(2) a list of all certified alternative gas suppliers serving residential or small commercial customers that have been found in the last 3 years by the Commission pursuant to Section 10-108 to have failed to provide service in accordance with this Act;
(3) guidelines to assist customers in determining which gas supplier is most appropriate for each customer;
and (4) Internet links to providers of information that enables customers to compare prices and services of gas utilities and alternative gas suppliers, if and when that information is available.
(a-5) The Commission shall develop no later than 6 months after the effective date of this amendatory Act of the 95th General Assembly and maintain consumer education information to help residential and small commercial consumers understand their gas supply options and their rights and responsibilities.
The Commission shall publish the consumer education information on its World Wide Web site.
(a-10) To assist the Commission in developing consumer education information, the Commission shall form a working SB0171 Enrolled - 35 - LRB095 06643 MJR 26749 b group that shall consist of representatives of gas utilities with residential and small commercial gas transportation service programs, alternative gas suppliers, the Attorney General, the Citizens Utility Board, and the Commission.
(a-15) At a minimum, the consumer education information developed by the Commission shall include explanations or descriptions of the following:
(1) The choices available to consumers to take gas service from an alternative retail gas supplier or remain as a retail customer of the gas utility.
(2) A consumer's rights and responsibilities in receiving service from an alternative retail gas supplier or remaining as a retail customer of the gas utility.
(3) The gas utility's role in delivering gas, including, but not limited to, utility response to calls for service and gas leaks.
(4) The legal obligations of alternative retail gas suppliers.
(5) The components of a bill that could be received by a customer taking delivery services.
(6) The procedures available to customers to address complaints against a gas utility or an alternative retail gas supplier and a list of phone numbers and other contact information for the Commission, the Attorney General, or the Citizens Utility Board.
(7) Guidance to assist consumers in making educated SB0171 Enrolled - 36 - LRB095 06643 MJR 26749 b decisions when choosing their natural gas provider, including:
(A) how to compare prices;
(B) questions to ask when considering natural gas providers;
and (C) current and historical utility gas rates.
(8) The availability of the "Do Not Contact List" for those who do not wish to be solicited by natural gas providers.
(b) In any service area where customers are able to choose their natural gas supplier, the Commission shall require gas utilities and alternative gas suppliers to inform customers of how they may contact the Commission in order to obtain information about the customer choice program.
(c) The Commission shall adopt a uniform disclosure that alternative gas suppliers shall be required to complete for each product offering.
The uniform disclosure shall contain, at a minimum:
(1) for products with a fixed price per therm, the price per therm;
(2) the length of the initial term of the product, or, if applicable, the expiration date of the initial term of the product;
(3) the amount of the termination fees, if any;
(4) the amount of the administrative fees, other fees, or recurring charges, if any, to be listed separately for SB0171 Enrolled - 37 - LRB095 06643 MJR 26749 b each and every fee or charge;
(5) for products with a variable price per therm, the terms of such variability, including, but not limited to, any index that is used to calculate the price and any additional charges, costs and fees;
and (6) for products where a customer's charges are a fixed amount per billing period regardless of the market price for natural gas or the customer's natural gas consumption during the billing period, the billing period covered.
If the alternative gas supplier will not offer a different product for new customers as of the first of the month, then the alternative gas supplier does not have to provide new information until the first day of the month in which a different product or products are being offered.
The Commission shall post this information on its World Wide Web site in a manner that shall enable customers to compare prices, terms, and conditions offered by the alternative gas suppliers.
The website shall be updated at least monthly and the Commission shall maintain this information on its website for at least 12 months to allow customers to compare the historical plans and prices for all alternative gas suppliers.
(d) 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 SB0171 Enrolled - 38 - LRB095 06643 MJR 26749 b any complaint with regard to an alternative gas supplier's obligations under Section 19-115 of this Article, including the provision of service in accordance with the terms of its contract, sales tactics, and rates.
The Commission shall maintain a summary by category and provider of all formal and informal complaints it receives pursuant to this Section, and it shall publish the summary on a quarterly basis on its World Wide Web site.
Individual customer information shall not be included in the summary.
(e) The provisions of this Section shall apply only to alternative gas suppliers serving or seeking to serve residential and small commercial customers and only to the extent such alternative gas suppliers provide services to residential and small commercial customers.
(Source:
P.A.
92-852, eff.
8-26-02.) Section 10.
The Consumer Fraud and Deceptive Business Practices Act is amended by adding Sections 2DDD, 2EEE, 2FFF, and 2GGG as follows:
(815 ILCS 505/2DDD new) Sec.
2DDD.
Alternative gas suppliers.
(a) Definitions.
(1) "Alternative gas supplier" has the same meaning as in Section 19-105 of the Public Utilities Act.
(2) "Gas utility" has the same meaning as in Section SB0171 Enrolled - 39 - LRB095 06643 MJR 26749 b 19-105 of the Public Utilities Act.
(b) It is an unfair or deceptive act or practice within the meaning of Section 2 of this Act for any person to violate any provision of this Section.
(c) Solicitation.
(1) An alternative gas supplier shall not misrepresent the affiliation of any alternative supplier with the gas utility, governmental bodies, or consumer groups.
(2) If any sales solicitation, agreement, contract, or verification is translated into another language and provided to a customer, all of the documents must be provided to the customer in that other language.
(3) An alternative gas supplier shall clearly and conspicuously disclose the following information to all customers:
(A) the prices, terms, and conditions of the products and services being sold to the customer;
(B) where the solicitation occurs in person, including through door-to-door solicitation, the salesperson's name;
(C) the alternative gas supplier's contact information, including the address, phone number, and website;
(D) contact information for the Illinois Commerce Commission, including the toll-free number for consumer complaints and website;
SB0171 Enrolled - 40 - LRB095 06643 MJR 26749 b (E) a statement of the customer's right to rescind the offer within 10 business days of the date on the utility's notice confirming the customer's decision to switch suppliers, as well as phone numbers for the supplier and utility that the consumer may use to rescind the contract;
and (F) the amount of the early termination fee, if any.
(4) Except as provided in paragraph (5) of this subsection (c), an alternative gas supplier shall send the information described in paragraph (3) of this subsection (c) to all customers within one business day of the authorization of a switch.
(5) An alternative gas supplier engaging in door-to-door solicitation of consumers shall provide the information described in paragraph (3) of this subsection (c) during all door-to-door solicitations that result in a customer deciding to switch their supplier.
(d) Customer Authorization.
An alternative gas supplier shall not submit or execute a change in a customer's selection of a natural gas provider unless and until (i) the alternative gas supplier first discloses all material terms and conditions of the offer to the customer;
(ii) the alternative gas supplier has obtained the customer's express agreement to accept the offer after the disclosure of all material terms and conditions of the offer;
and (iii) the alternative gas supplier has SB0171 Enrolled - 41 - LRB095 06643 MJR 26749 b confirmed the request for a change in accordance with one of the following procedures:
(1) The alternative gas supplier has obtained the customer's written or electronically signed authorization in a form that meets the following requirements:
(A) An alternative gas supplier shall obtain any necessary written or electronically signed authorization from a customer for a change in natural gas service by using a letter of agency as specified in this Section.
Any letter of agency that does not conform with this Section is invalid.
(B) The letter of agency shall be a separate document (or an easily separable document containing only the authorization language described in item (E) of this paragraph (1)) whose sole purpose is to authorize a natural gas provider change.
The letter of agency must be signed and dated by the customer requesting the natural gas provider change.
(C) The letter of agency shall not be combined with inducements of any kind on the same document.
(D) Notwithstanding items (A) and (B) of this paragraph (1), the letter of agency may be combined with checks that contain only the required letter of agency language prescribed in item (E) of this paragraph (1) and the necessary information to make the check a negotiable instrument.
The letter of agency SB0171 Enrolled - 42 - LRB095 06643 MJR 26749 b check shall not contain any promotional language or material.
The letter of agency check shall contain in easily readable, bold face type on the face of the check, a notice that the consumer is authorizing a natural gas provider change by signing the check.
The letter of agency language also shall be placed near the signature line on the back of the check.
(E) At a minimum, the letter of agency must be printed with a print of sufficient size to be clearly legible, and must contain clear and unambiguous language that confirms:
(i) the customer's billing name and address;
(ii) the decision to change the natural gas provider from the current provider to the prospective alternative gas supplier;
(iii) the terms, conditions, and nature of the service to be provided to the customer, including, but not limited to, the rates for the service contracted for by the customer;
and (iv) that the customer understands that any natural gas provider selection the customer chooses may involve a charge to the customer for changing the customer's natural gas provider.
(F) Letters of agency shall not suggest or require that a customer take some action in order to retain the customer's current natural gas provider.
SB0171 Enrolled - 43 - LRB095 06643 MJR 26749 b (G) If any portion of a letter of agency is translated into another language, then all portions of the letter of agency must be translated into that language.
(2) An appropriately qualified independent third party has obtained, in accordance with the procedures set forth in this paragraph (2), the customer's oral authorization to change natural gas providers that confirms and includes appropriate verification data.
The independent third party must (i) not be owned, managed, controlled, or directed by the alternative gas supplier or the alternative gas supplier's marketing agent;
(ii) not have any financial incentive to confirm provider change requests for the alternative gas supplier or the alternative gas supplier's marketing agent;
and (iii) operate in a location physically separate from the alternative gas supplier or the alternative gas supplier's marketing agent.
Automated third-party verification systems and 3-way conference calls may be used for verification purposes so long as the other requirements of this paragraph (2) are satisfied.
A alternative gas supplier or alternative gas supplier's sales representative initiating a 3-way conference call or a call through an automated verification system must drop off the call once the 3-way connection has been established.
All third-party verification methods shall elicit, at a minimum, the following information:
SB0171 Enrolled - 44 - LRB095 06643 MJR 26749 b (A) the identity of the customer;
(B) confirmation that the person on the call is authorized to make the provider change;
(C) confirmation that the person on the call wants to make the provider change;
(D) the names of the providers affected by the change;
(E) the service address of the service to be switched;
and (F) the price of the service to be provided and the material terms and conditions of the service being offered, including whether any early termination fees apply.
Third-party verifiers may not market the alternative gas supplier's services.
All third-party verifications shall be conducted in the same language that was used in the underlying sales transaction and shall be recorded in their entirety.
Submitting alternative gas suppliers shall maintain and preserve audio records of verification of customer authorization for a minimum period of 2 years after obtaining the verification.
Automated systems must provide customers with an option to speak with a live person at any time during the call.
(3) The alternative gas supplier has obtained the customer's electronic authorization to change in natural gas service via telephone.
Such authorization must elicit SB0171 Enrolled - 45 - LRB095 06643 MJR 26749 b the information in paragraph (2)(A) through (F) of this subsection (d).
Alternative gas suppliers electing to confirm sales electronically shall establish one or more toll-free telephone numbers exclusively for that purpose.
Calls to the number or numbers shall will connect a customer to a voice response unit, or similar mechanism, that makes a date-stamped, time-stamped recording of the required information regarding the alternative gas supplier change.
The alternative gas supplier shall not use such electronic authorization systems to market its services.
(4) When a consumer initiates the call to the prospective alternative gas supplier, in order to enroll the consumer as a customer, the prospective alternative gas supplier must, with the consent of the customer, make a date-stamped, time-stamped audio recording that elicits, at a minimum, the following information:
(A) the identity of the customer;
(B) confirmation that the person on the call is authorized to make the provider change;
(C) confirmation that the person on the call wants to make the provider change;
(D) the names of the providers affected by the change;
(E) the service address of the service to be switched;
and SB0171 Enrolled - 46 - LRB095 06643 MJR 26749 b (F) the price of the service to be supplied and the material terms and conditions of the service being offered, including whether any early termination fees apply.
Submitting alternative gas suppliers shall maintain and preserve the audio records containing the information set forth above for a minimum period of 2 years.
(5) In the event that a customer enrolls for service from an alternative gas supplier via an Internet website, the alternative gas supplier shall obtain an electronically signed letter of agency in accordance with paragraph (1) of this subsection (d) and any customer information shall be protected in accordance with all applicable statutes and rules.
In addition, an alternative gas supplier shall provide the following when marketing via an Internet website:
(A) The Internet enrollment website shall, at a minimum, include:
(i) a copy of the alternative gas supplier's customer contract, which clearly and conspicuously discloses all terms and conditions;
and (ii) a conspicuous prompt for the customer to print or save a copy of the contract.
(B) Any electronic version of the contract shall be identified by version number, in order to ensure the ability to verify the particular contract to which the SB0171 Enrolled - 47 - LRB095 06643 MJR 26749 b customer assents.
(C) Throughout the duration of the alternative gas supplier's contract with a customer, the alternative gas supplier shall retain and, within 3 business days of the customer's request, provide to the customer an e-mail, paper, or facsimile of the terms and conditions of the numbered contract version to which the customer assents.
(D) The alternative gas supplier shall provide a mechanism by which both the submission and receipt of the electronic letter of agency are recorded by time and date.
(E) After the customer completes the electronic letter of agency, the alternative gas supplier shall disclose conspicuously through its website that the customer has been enrolled and the alternative gas supplier shall provide the customer an enrollment confirmation number.
(6) When a customer is solicited in person by the alternative gas supplier's sales agent, the alternative gas supplier may only obtain the customer's authorization to change natural gas service through the method provided for in paragraph (2) of this subsection (d).
Alternative gas suppliers must be in compliance with the provisions of this subsection (d) within 90 days after the effective date of this amendatory Act of the 95th General SB0171 Enrolled - 48 - LRB095 06643 MJR 26749 b Assembly.
(e) Early Termination.
(1) Any agreement that contains an early termination clause shall disclose the amount of the early termination fee, provided that any early termination fee or penalty shall not exceed $50 total, regardless of whether or not the agreement is a multiyear agreement.
(2) In any agreement that contains an early termination clause, an alternative gas supplier shall provide the customer the opportunity to terminate the agreement without any termination fee or penalty within 10 business days after the date of the first bill issued to the customer for products or services provided by the alternative gas supplier.
The agreement shall disclose the opportunity and provide a toll-free phone number that the customer may call in order to terminate the agreement.
(f) The alternative gas supplier shall provide each customer the opportunity to rescind its agreement without penalty within 10 business days after the date on the gas utility notice to the customer.
The alternative gas supplier shall disclose to the customer all of the following:
(1) that the gas utility shall send a notice confirming the switch;
(2) that from the date the utility issues the notice confirming the switch, the customer shall have 10 business days before the switch will become effective;
SB0171 Enrolled - 49 - LRB095 06643 MJR 26749 b (3) that the customer may contact the gas utility or the alternative gas supplier to rescind the switch within 10 business days;
and (4) the contact information for the gas utility and the alternative gas supplier.
The alternative gas supplier disclosure shall be included in its sales solicitations, contracts, and all applicable sales verification scripts.
(g) The provisions of this Section shall apply only to alternative gas suppliers serving or seeking to serve residential and small commercial customers and only to the extent such alternative gas suppliers provide services to residential and small commercial customers.
(815 ILCS 505/2EEE new) Sec.
2EEE.
Natural gas service advertising.
Any advertisement for natural gas service that lists rates shall clearly and conspicuously disclose all associated costs for such service including, but not limited to, access fees and service fees.
It is an unfair or deceptive act or practice within the meaning of Section 2 of this Act for any person to violate this Section.
The provisions of this Section shall apply only to alternative gas suppliers serving or seeking to serve residential and small commercial customers and only to the extent such alternative gas suppliers provide services to SB0171 Enrolled - 50 - LRB095 06643 MJR 26749 b residential and small commercial customers.
(815 ILCS 505/2FFF new) Sec.
2FFF.
All personal information relating to the customer of transmission, distribution, metering, or billing of natural gas service, or the customer purchasing the commodity of natural gas to be delivered through the distribution system of a natural gas provider, shall be maintained by the natural gas providers solely for the purpose of generating the bill for such sales and services, and shall not be divulged to any other persons with the exception of credit bureaus, collection agencies, and persons licensed to market natural gas service in the State of Illinois, without the written consent of the customer.
It is an unfair or deceptive act or practice within the meaning of Section 2 of this Act for any person to violate this Section.
The provisions of this Section shall apply only to alternative gas suppliers serving or seeking to serve residential and small commercial customers and only to the extent such alternative gas suppliers provide services to residential and small commercial customers.
(815 ILCS 505/2GGG new) Sec.
2GGG.
Prohibition of prize promotions to solicit authority to provide alternative natural gas service.
(a) It is an unfair or deceptive act or practice within the SB0171 Enrolled - 51 - LRB095 06643 MJR 26749 b meaning of Section 2 of this Act for any person to solicit authority to execute a change of gas suppliers or to solicit authority to provide any alternative gas service through the use of any sweepstakes, contests, or drawings.
(b) Forms or documents used or intended to be used by consumers to enter sweepstakes, contests, or drawings of any description may not be used by any person as written authority to execute a change of any person's gas supplier or to render any gas supply service.
(c) The provisions of this Section shall apply only to alternative gas suppliers serving or seeking to serve residential and small commercial customers and only to the extent such alternative gas suppliers provide services to residential and small commercial customers.
Section 99.
Effective date.
This Act takes effect upon becoming law.
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Action History

  1. Public Act . . . . . . . . . 95-1051

  2. Effective Date April 10, 2009

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Floor Amendment No. 3 Senate Concurs 055-000-000

  7. House Floor Amendment No. 3 Motion To Concur Recommended Do Adopt Executive; 012-000-000

  8. House Floor Amendment No. 3 Motion to Concur Rules Referred to Executive

  9. House Floor Amendment No. 3 Motion to Concur Referred to Rules

  10. House Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Don Harmon

  11. Placed on Calendar Order of Concurrence House Amendment(s) January 13, 2009; 03

  12. Secretary's Desk - Concurrence House Amendment(s) 03

  13. Added Alternate Co-Sponsor Rep. Sandra M. Pihos

  14. Added Alternate Co-Sponsor Rep. Patrick J Verschoore

  15. Added Alternate Co-Sponsor Rep. Michael K. Smith

  16. Added Alternate Co-Sponsor Rep. Daniel V. Beiser

  17. Added Alternate Co-Sponsor Rep. Greg Harris

  18. Third Reading - Short Debate - Passed 113-000-000

  19. Placed on Calendar Order of 3rd Reading - Short Debate

  20. House Floor Amendment No. 3 Adopted by Voice Vote

  21. House Floor Amendment No. 2 Withdrawn by Rep. Thomas Holbrook

  22. House Floor Amendment No. 1 Withdrawn by Rep. John A. Fritchey

  23. Second Reading - Short Debate

  24. House Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 003-000-000

  25. House Floor Amendment No. 3 Referred to Rules Committee

  26. House Floor Amendment No. 3 Filed with Clerk by Rep. Thomas Holbrook

  27. House Floor Amendment No. 2 Recommends Be Adopted Consumer Protection Committee; 009-000-000

  28. House Floor Amendment No. 2 Rules Refers to Consumer Protection Committee

  29. House Floor Amendment No. 2 Referred to Rules Committee

  30. House Floor Amendment No. 2 Filed with Clerk by Rep. Thomas Holbrook

  31. Chief Sponsor Changed to Sen. Don Harmon

  32. Added Alternate Co-Sponsor Rep. Michael Zalewski

  33. Added Alternate Chief Co-Sponsor Rep. Marlow H. Colvin

  34. Added Alternate Co-Sponsor Rep. LaShawn K. Ford

  35. Added Alternate Chief Co-Sponsor Rep. John A. Fritchey

  36. Alternate Chief Sponsor Changed to Rep. Thomas Holbrook

  37. Placed on Calendar 2nd Reading - Short Debate

  38. Approved for Consideration Rules Committee; 005-000-000

  39. Final Action Deadline Extended-9(b) January 13, 2009

  40. Added Alternate Chief Co-Sponsor Rep. LaShawn K. Ford

  41. Rule 19(a) / Re-referred to Rules Committee

  42. Final Action Deadline Extended-9(b) January 10, 2008

  43. Final Action Deadline Extended-9(b) November 30, 2007

  44. Final Action Deadline Extended-9(b) November 2, 2007

  45. Final Action Deadline Extended-9(b) October 12, 2007

  46. Final Action Deadline Extended-9(b) October 5, 2007

  47. Final Action Deadline Extended-9(b) September 5, 2007

  48. Final Action Deadline Extended-9(b) August 24, 2007

  49. Final Action Deadline Extended-9(b) August 17, 2007

  50. Final Action Deadline Extended-9(b) August 10, 2007

  51. Final Action Deadline Extended-9(b) August 4, 2007

  52. Final Action Deadline Extended-9(b) July 31, 2007

  53. Final Action Deadline Extended-9(b) June 30, 2007

  54. Final Action Deadline Extended-9(b) June 22, 2007

  55. Final Action Deadline Extended-9(b) June 15, 2007

  56. Final Action Deadline Extended-9(b) June 8, 2007

  57. Held on Calendar Order of Second Reading - Short Debate

  58. Second Reading - Short Debate

  59. House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 004-000-000

  60. House Floor Amendment No. 1 Referred to Rules Committee

  61. House Floor Amendment No. 1 Filed with Clerk by Rep. John A. Fritchey

  62. Added Alternate Chief Co-Sponsor Rep. Rosemary Mulligan

  63. Added Alternate Chief Co-Sponsor Rep. Monique D. Davis

  64. Placed on Calendar 2nd Reading - Short Debate

  65. Do Pass / Short Debate Financial Institutions Committee; 015-000-000

  66. Committee Deadline Extended-Rule 9(b) May 25, 2007

  67. Added Alternate Co-Sponsor Rep. Arthur L. Turner

  68. Assigned to Financial Institutions Committee

  69. Referred to Rules Committee

  70. First Reading

  71. Chief House Sponsor Rep. John A. Fritchey

  72. Placed on Calendar Order of First Reading

  73. Arrived in House

  74. Third Reading - Passed; 056-001-000

  75. Added as Chief Co-Sponsor Sen. Ira I. Silverstein

  76. Rule 2-10 Third Reading Deadline Established As May 31, 2007

  77. Placed on Calendar Order of 3rd Reading March 27, 2007

  78. Second Reading

  79. Placed on Calendar Order of 2nd Reading March 20, 2007

  80. Do Pass as Amended Financial Institutions; 009-000-000

  81. Senate Committee Amendment No. 1 Adopted

  82. Senate Committee Amendment No. 1 Rules Refers to Financial Institutions

  83. Senate Committee Amendment No. 1 Referred to Rules

  84. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Terry Link

  85. Assigned to Financial Institutions

  86. Referred to Rules

  87. First Reading

  88. Filed with Secretary by Sen. Terry Link

Sponsors

  • Don Harmon · Cosponsor
  • La Shawn K. Ford · Cosponsor
  • Arthur L. Turner · Cosponsor
  • Michael Zalewski · Cosponsor
  • Daniel V. Beiser · Cosponsor
  • Michael K. Smith · Cosponsor
  • Patrick J Verschoore · Cosponsor
  • Sandra M. Pihos · Cosponsor
  • Napoleon Harris III · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 9 co-sponsors · 174 not signed on

Sponsors (0)

None.

Co-sponsors (9)

Not signed on (174)

174 members have not signed on to this bill.

Show all 174 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence, Amendment 3

Passed 55 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 45004
Democrat 9000
Republican 1000
Total 55004
% of votes cast 93%0%0%7%
How each member voted (59)
Member Party Vote
Haine — Yea
Hutchinson — Yea
Lauzen — Yea
Link — Yea
Luechtefeld — Yea
Meeks — Yea
Millner — Yea
Noland — Yea
Pankau — Yea
Brady — Yea
Schoenberg — Yea
Silverstein — Yea
Steans — Yea
Sullivan — Yea
Munoz — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Cullerton — Yea
Jacobs — Yea
Jones, J. — Yea
Demuzio — Yea
Watson — Not Voting
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Forby — Yea
Frerichs — Not Voting
Garrett — Yea
Hendon — Yea
Hultgren — Not Voting
Kotowski — Yea
Peterson — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Not Voting
Burzynski — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 113 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 100005
Democrat 9000
Republican 4000
Total 113005
% of votes cast 96%0%0%4%
How each member voted (118)
Member Party Vote
Holbrook — Yea
Jefferies — Not Voting
Jefferson — Yea
Harris — Yea
McCarthy — Not Voting
Hernandez — Yea
Mulligan — Yea
Munson — Yea
Watson — Yea
Howard — Yea
Myers — Yea
Nekritz — Yea
Osterman — Yea
Patterson — Not Voting
Pihos — Yea
Davis, Monique — Yea
Bradley, Richard — Not Voting
Scully — Not Voting
Tryon — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Krause — Yea
Krupa — Yea
Lang — Yea
Leitch — Yea
Lindner — Yea
Mathias — Yea
Mautino — Yea
McAuliffe — Yea
Reitz — Yea
Mendoza — Yea
Meyer — Yea
Lyons — Yea
Sommer — Yea
Soto — Yea
McGuire — Yea
Bradley, John — Yea
Brady — Yea
Mitchell, Bill — Yea
Sullivan — Yea
Mitchell, Jerry — Yea
Burke — Yea
Hannig — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Durkin — Yea
Eddy — Yea
Wilzbach — Yea
Winters — Yea
Yarbrough — Yea
Zalewski — Yea
Coladipietro — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Hassert — Yea
Jackson — Yea
Jakobsson — Yea
Kosel — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Gordon — Yea
Graham — Yea
Hamos — Yea
Osmond — Yea
Phelps — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Madigan — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Cole — Yea
Colvin — Yea
Moffitt — Yea
Coulson — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 56 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 47101
Democrat 9000
Republican 0001
Total 56102
% of votes cast 95%2%0%3%
How each member voted (59)
Member Party Vote
Haine — Yea
Halvorson — Yea
Hultgren — Yea
Link — Yea
Meeks — Yea
Millner — Yea
Noland — Yea
Pankau — Yea
Schoenberg — Yea
Sieben — Yea
Silverstein — Yea
Trotter — Yea
Viverito — Yea
Brady — Yea
Sullivan — Yea
Munoz — Yea
Cullerton — Yea
Cronin — Yea
Crotty — Yea
Frerichs — Yea
Garrett — Yea
Hendon — Yea
Jacobs — Yea
Watson — Yea
Jones, J. — Yea
Demuzio — Yea
Peterson — Yea
Radogno — Yea
Wilhelmi — Yea
Clayborne — Nay
Dahl — Yea
DeLeo — Yea
Kotowski — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Sandoval — Yea
Lauzen — Not Voting
Luechtefeld — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Dillard — Yea
Forby — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Not Voting

Official roll call →

Subjects

finance
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Frequently asked questions

What does SB 171 do?
Amends the Illinois Banking Act. Creates an exception in a provision prohibiting the Director of Financial and Professional Regulation of the Division of Banks and Real Estate, his or her deputies, and employees of the Division of Banks and Real Estate of the Department of Financial and Professional Regulation (was the Commissioner, deputy directors, and employees of the Office of Banks and Real Estate) from obtaining a loan from an entity regulated by the Act by permitting an employee of the Division to obtain a loan from a regulated entity if the loan was not offered with the intent to influence the performance of the employee's official duties and if the loan qualifies within other exceptions under federal law. Effective immediately.
Who sponsors SB 171?
SB 171 is sponsored by Don Harmon (Democrat), La Shawn K. Ford (Democrat), Arthur L. Turner, Michael Zalewski, Daniel V. Beiser, Michael K. Smith, Patrick J Verschoore, Sandra M. Pihos, and Napoleon Harris III (Democrat).
What is the current status of SB 171?
This bill has been enacted into law. Introduced January 31, 2007. Enacted.
Where can I track SB 171?
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