HB-4658, As Passed House, March 31, 2009

SUBSTITUTE FOR

HOUSE BILL NO. 4658

     A bill to amend 1939 PA 3, entitled

"An act to provide for the regulation and control of public and

certain private utilities and other services affected with a public

interest within this state; to provide for alternative energy

suppliers; to provide for licensing; to include municipally owned

utilities and other providers of energy under certain provisions of

this act; to create a public service commission and to prescribe

and define its powers and duties; to abolish the Michigan public

utilities commission and to confer the powers and duties vested by

law on the public service commission; to provide for the

continuance, transfer, and completion of certain matters and

proceedings; to abolish automatic adjustment clauses; to prohibit

certain rate increases without notice and hearing; to qualify

residential energy conservation programs permitted under state law

for certain federal exemption; to create a fund; to provide for a

restructuring of the manner in which energy is provided in this

state; to encourage the utilization of resource recovery

facilities; to prohibit certain acts and practices of providers of

energy; to allow for the securitization of stranded costs; to

reduce rates; to provide for appeals; to provide appropriations; to

declare the effect and purpose of this act; to prescribe remedies

and penalties; and to repeal acts and parts of acts,"

(MCL 460.1 to 460.11) by adding section 9o.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 9o. (1) A provider shall, in the ordinary course of

business, make efforts to identify senior citizen customers by at

least 1 of the following methods:

     (a) Conducting customer interviews.

     (b) Obtaining information from a consumer reporting agency or

consumer reporting service.

     (c) A personal or automated telephone call where direct

contact is made with a member of the customer's household or a

message is recorded on an answering machine or voice mail.

     (d) First-class mail.

     (e) A personal visit to the customer.

     (f) A written notice left at or on the customer's door.

     (g) A bill insert.

     (h) Any other method approved by the commission for regulated

utilities.

     (2) A provider shall comply with the requirements imposed in

subsection (1) by November 1, 2009. The provider's governing body

may for good cause grant an extension to a provider for compliance

with subsection (1).

     (3) As used in this section:

     (a) "Consumer reporting agency" means that term as defined in

section 603 of the fair credit reporting act, 15 USC 1681a.

     (b) "Provider" means a municipally owned electric or natural

gas utility.

     (c) "Senior citizen" means a provider customer who is 65 years

of age or older.