HB2174 EnrolledLRB101 07405 SMS 52445 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.32 as follows:
 
6    (5 ILCS 80/4.32)
7    Sec. 4.32. Acts repealed on January 1, 2022. The following
8Acts are repealed on January 1, 2022:
9    The Boxing and Full-contact Martial Arts Act.
10    The Cemetery Oversight Act.
11    The Collateral Recovery Act.
12    The Community Association Manager Licensing and
13Disciplinary Act.
14    The Crematory Regulation Act.
15    The Detection of Deception Examiners Act.
16    The Home Inspector License Act.
17    The Illinois Health Information Exchange and Technology
18Act.
19    The Medical Practice Act of 1987.
20    The Registered Interior Designers Act.
21    The Massage Licensing Act.
22    The Petroleum Equipment Contractors Licensing Act.
23    The Radiation Protection Act of 1990.

 

 

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1    The Real Estate Appraiser Licensing Act of 2002.
2    The Water Well and Pump Installation Contractor's License
3Act.
4(Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19;
5101-614, eff. 12-20-19.)
 
6    (5 ILCS 80/4.31 rep.)
7    Section 10. The Regulatory Sunset Act is amended by
8repealing Section 4.31.
 
9    Section 15. The Renewable Energy, Energy Efficiency, and
10Coal Resources Development Law of 1997 is amended by changing
11Section 6-7 as follows:
 
12    (20 ILCS 687/6-7)
13    (Section scheduled to be repealed on December 31, 2020)
14    Sec. 6-7. Repeal. The provisions of this Law are repealed
15on December 31, 2021 2020.
16(Source: P.A. 99-489, eff. 12-4-15.)
 
17    Section 20. The Illinois Power Agency Act is amended by
18changing Section 1-130 as follows:
 
19    (20 ILCS 3855/1-130)
20    (Section scheduled to be repealed on January 1, 2021)
21    Sec. 1-130. Home rule preemption.

 

 

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1    (a) The authorization to impose any new taxes or fees
2specifically related to the generation of electricity by, the
3capacity to generate electricity by, or the emissions into the
4atmosphere by electric generating facilities after the
5effective date of this Act is an exclusive power and function
6of the State. A home rule unit may not levy any new taxes or
7fees specifically related to the generation of electricity by,
8the capacity to generate electricity by, or the emissions into
9the atmosphere by electric generating facilities after the
10effective date of this Act. This Section is a denial and
11limitation on home rule powers and functions under subsection
12(g) of Section 6 of Article VII of the Illinois Constitution.
13    (b) This Section is repealed on January 1, 2022 2021.
14(Source: P.A. 100-1157, eff. 12-19-18.)
 
15    Section 25. The Emergency Telephone System Act is amended
16by changing Sections 3, 15.3, 15.3a, 15.6b, 30, and 99 as
17follows:
 
18    (50 ILCS 750/3)  (from Ch. 134, par. 33)
19    (Section scheduled to be repealed on December 31, 2020)
20    Sec. 3. (a) By July 1, 2017, every local public agency
21shall be within the jurisdiction of a 9-1-1 system.
22    (b) By December 31, 2021 July 1, 2020, every 9-1-1 system
23in Illinois shall provide Next Generation 9-1-1 service.
24    (c) Nothing in this Act shall be construed to prohibit or

 

 

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1discourage in any way the formation of multijurisdictional or
2regional systems, and any system established pursuant to this
3Act may include the territory of more than one public agency or
4may include a segment of the territory of a public agency.
5(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
6    (50 ILCS 750/15.3)  (from Ch. 134, par. 45.3)
7    (Section scheduled to be repealed on December 31, 2020)
8    Sec. 15.3. Local non-wireless surcharge.
9    (a) Except as provided in subsection (l) of this Section,
10the corporate authorities of any municipality or any county
11may, subject to the limitations of subsections (c), (d), and
12(h), and in addition to any tax levied pursuant to the
13Simplified Municipal Telecommunications Tax Act, impose a
14monthly surcharge on billed subscribers of network connection
15provided by telecommunication carriers engaged in the business
16of transmitting messages by means of electricity originating
17within the corporate limits of the municipality or county
18imposing the surcharge at a rate per network connection
19determined in accordance with subsection (c), however the
20monthly surcharge shall not apply to a network connection
21provided for use with pay telephone services. Provided,
22however, that where multiple voice grade communications
23channels are connected between the subscriber's premises and a
24public switched network through private branch exchange (PBX)
25or centrex type service, a municipality imposing a surcharge at

 

 

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1a rate per network connection, as determined in accordance with
2this Act, shall impose:
3        (i) in a municipality with a population of 500,000 or
4    less or in any county, 5 such surcharges per network
5    connection, as defined under Section 2 of this Act, for
6    both regular service and advanced service provisioned
7    trunk lines;
8        (ii) in a municipality with a population, prior to
9    March 1, 2010, of 500,000 or more, 5 surcharges per network
10    connection, as defined under Section 2 of this Act, for
11    both regular service and advanced service provisioned
12    trunk lines;
13        (iii) in a municipality with a population, as of March
14    1, 2010, of 500,000 or more, 5 surcharges per network
15    connection, as defined under Section 2 of this Act, for
16    regular service provisioned trunk lines, and 12 surcharges
17    per network connection, as defined under Section 2 of this
18    Act, for advanced service provisioned trunk lines, except
19    where an advanced service provisioned trunk line supports
20    at least 2 but fewer than 23 simultaneous voice grade calls
21    ("VGC's"), a telecommunication carrier may elect to impose
22    fewer than 12 surcharges per trunk line as provided in
23    subsection (iv) of this Section; or
24        (iv) for an advanced service provisioned trunk line
25    connected between the subscriber's premises and the public
26    switched network through a P.B.X., where the advanced

 

 

 

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1    service provisioned trunk line is capable of transporting
2    at least 2 but fewer than 23 simultaneous VGC's per trunk
3    line, the telecommunications carrier collecting the
4    surcharge may elect to impose surcharges in accordance with
5    the table provided in this Section, without limiting any
6    telecommunications carrier's obligations to otherwise keep
7    and maintain records. Any telecommunications carrier
8    electing to impose fewer than 12 surcharges per an advanced
9    service provisioned trunk line shall keep and maintain
10    records adequately to demonstrate the VGC capability of
11    each advanced service provisioned trunk line with fewer
12    than 12 surcharges imposed, provided that 12 surcharges
13    shall be imposed on an advanced service provisioned trunk
14    line regardless of the VGC capability where a
15    telecommunications carrier cannot demonstrate the VGC
16    capability of the advanced service provisioned trunk line.
 
17Facility VGC's 911 Surcharges
18Advanced service provisioned trunk line 18-23 12
19Advanced service provisioned trunk line 12-17 10
20Advanced service provisioned trunk line 2-11 8
21    Subsections (i), (ii), (iii), and (iv) are not intended to
22make any change in the meaning of this Section, but are
23intended to remove possible ambiguity, thereby confirming the
24intent of paragraph (a) as it existed prior to and following

 

 

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1the effective date of this amendatory Act of the 97th General
2Assembly.
3    For mobile telecommunications services, if a surcharge is
4imposed it shall be imposed based upon the municipality or
5county that encompasses the customer's place of primary use as
6defined in the Mobile Telecommunications Sourcing Conformity
7Act. A municipality may enter into an intergovernmental
8agreement with any county in which it is partially located,
9when the county has adopted an ordinance to impose a surcharge
10as provided in subsection (c), to include that portion of the
11municipality lying outside the county in that county's
12surcharge referendum. If the county's surcharge referendum is
13approved, the portion of the municipality identified in the
14intergovernmental agreement shall automatically be
15disconnected from the county in which it lies and connected to
16the county which approved the referendum for purposes of a
17surcharge on telecommunications carriers.
18    (b) For purposes of computing the surcharge imposed by
19subsection (a), the network connections to which the surcharge
20shall apply shall be those in-service network connections,
21other than those network connections assigned to the
22municipality or county, where the service address for each such
23network connection or connections is located within the
24corporate limits of the municipality or county levying the
25surcharge. Except for mobile telecommunication services, the
26"service address" shall mean the location of the primary use of

 

 

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1the network connection or connections. For mobile
2telecommunication services, "service address" means the
3customer's place of primary use as defined in the Mobile
4Telecommunications Sourcing Conformity Act.
5    (c) Upon the passage of an ordinance to impose a surcharge
6under this Section the clerk of the municipality or county
7shall certify the question of whether the surcharge may be
8imposed to the proper election authority who shall submit the
9public question to the electors of the municipality or county
10in accordance with the general election law; provided that such
11question shall not be submitted at a consolidated primary
12election. The public question shall be in substantially the
13following form:
14-------------------------------------------------------------
15    Shall the county (or city, village
16or incorporated town) of ..... impose          YES
17a surcharge of up to ... per month per
18network connection, which surcharge will
19be added to the monthly bill you receive   ------------------
20for telephone or telecommunications
21charges, for the purpose of installing
22(or improving) a 9-1-1 Emergency               NO
23Telephone System?
24-------------------------------------------------------------
25    If a majority of the votes cast upon the public question
26are in favor thereof, the surcharge shall be imposed.

 

 

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1    However, if a Joint Emergency Telephone System Board is to
2be created pursuant to an intergovernmental agreement under
3Section 15.4, the ordinance to impose the surcharge shall be
4subject to the approval of a majority of the total number of
5votes cast upon the public question by the electors of all of
6the municipalities or counties, or combination thereof, that
7are parties to the intergovernmental agreement.
8    The referendum requirement of this subsection (c) shall not
9apply to any municipality with a population over 500,000 or to
10any county in which a proposition as to whether a sophisticated
119-1-1 Emergency Telephone System should be installed in the
12county, at a cost not to exceed a specified monthly amount per
13network connection, has previously been approved by a majority
14of the electors of the county voting on the proposition at an
15election conducted before the effective date of this amendatory
16Act of 1987.
17    (d) A county may not impose a surcharge, unless requested
18by a municipality, in any incorporated area which has
19previously approved a surcharge as provided in subsection (c)
20or in any incorporated area where the corporate authorities of
21the municipality have previously entered into a binding
22contract or letter of intent with a telecommunications carrier
23to provide sophisticated 9-1-1 service through municipal
24funds.
25    (e) A municipality or county may at any time by ordinance
26change the rate of the surcharge imposed under this Section if

 

 

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1the new rate does not exceed the rate specified in the
2referendum held pursuant to subsection (c).
3    (f) The surcharge authorized by this Section shall be
4collected from the subscriber by the telecommunications
5carrier providing the subscriber the network connection as a
6separately stated item on the subscriber's bill.
7    (g) The amount of surcharge collected by the
8telecommunications carrier shall be paid to the particular
9municipality or county or Joint Emergency Telephone System
10Board not later than 30 days after the surcharge is collected,
11net of any network or other 9-1-1 or sophisticated 9-1-1 system
12charges then due the particular telecommunications carrier, as
13shown on an itemized bill. The telecommunications carrier
14collecting the surcharge shall also be entitled to deduct 3% of
15the gross amount of surcharge collected to reimburse the
16telecommunications carrier for the expense of accounting and
17collecting the surcharge.
18    (h) Except as expressly provided in subsection (a) of this
19Section, on or after the effective date of this amendatory Act
20of the 98th General Assembly and until December 31, 2017, a
21municipality with a population of 500,000 or more shall not
22impose a monthly surcharge per network connection in excess of
23the highest monthly surcharge imposed as of January 1, 2014 by
24any county or municipality under subsection (c) of this
25Section. Beginning January 1, 2018 and until December 31, 2021
262020, a municipality with a population over 500,000 may not

 

 

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1impose a monthly surcharge in excess of $5.00 per network
2connection. On or after January 1, 2022 2021, a municipality
3with a population over 500,000 may not impose a monthly
4surcharge in excess of $2.50 per network connection.
5    (i) Any municipality or county or joint emergency telephone
6system board that has imposed a surcharge pursuant to this
7Section prior to the effective date of this amendatory Act of
81990 shall hereafter impose the surcharge in accordance with
9subsection (b) of this Section.
10    (j) The corporate authorities of any municipality or county
11may issue, in accordance with Illinois law, bonds, notes or
12other obligations secured in whole or in part by the proceeds
13of the surcharge described in this Section. The State of
14Illinois pledges and agrees that it will not limit or alter the
15rights and powers vested in municipalities and counties by this
16Section to impose the surcharge so as to impair the terms of or
17affect the security for bonds, notes or other obligations
18secured in whole or in part with the proceeds of the surcharge
19described in this Section. The pledge and agreement set forth
20in this Section survive the termination of the surcharge under
21subsection (l) by virtue of the replacement of the surcharge
22monies guaranteed under Section 20; the State of Illinois
23pledges and agrees that it will not limit or alter the rights
24vested in municipalities and counties to the surcharge
25replacement funds guaranteed under Section 20 so as to impair
26the terms of or affect the security for bonds, notes or other

 

 

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1obligations secured in whole or in part with the proceeds of
2the surcharge described in this Section.
3    (k) Any surcharge collected by or imposed on a
4telecommunications carrier pursuant to this Section shall be
5held to be a special fund in trust for the municipality, county
6or Joint Emergency Telephone Board imposing the surcharge.
7Except for the 3% deduction provided in subsection (g) above,
8the special fund shall not be subject to the claims of
9creditors of the telecommunication carrier.
10    (l) Any surcharge imposed pursuant to this Section by a
11county or municipality, other than a municipality with a
12population in excess of 500,000, shall cease to be imposed on
13January 1, 2016.
14(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
 
15    (50 ILCS 750/15.3a)
16    (Section scheduled to be repealed on December 31, 2020)
17    Sec. 15.3a. Local wireless surcharge.
18    (a) Notwithstanding any other provision of this Act, a unit
19of local government or emergency telephone system board
20providing wireless 9-1-1 service and imposing and collecting a
21wireless carrier surcharge prior to July 1, 1998 may continue
22its practices of imposing and collecting its wireless carrier
23surcharge, but, except as provided in subsection (b) of this
24Section, in no event shall that monthly surcharge exceed $2.50
25per commercial mobile radio service (CMRS) connection or

 

 

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1in-service telephone number billed on a monthly basis. For
2mobile telecommunications services provided on and after
3August 1, 2002, any surcharge imposed shall be imposed based
4upon the municipality or county that encompasses the customer's
5place of primary use as defined in the Mobile
6Telecommunications Sourcing Conformity Act.
7    (b) Until December 31, 2017, the corporate authorities of a
8municipality with a population in excess of 500,000 on the
9effective date of this amendatory Act of the 99th General
10Assembly may by ordinance continue to impose and collect a
11monthly surcharge per commercial mobile radio service (CMRS)
12connection or in-service telephone number billed on a monthly
13basis that does not exceed the highest monthly surcharge
14imposed as of January 1, 2014 by any county or municipality
15under subsection (c) of Section 15.3 of this Act. Beginning
16January 1, 2018, and until December 31, 2021 2020, a
17municipality with a population in excess of 500,000 may by
18ordinance continue to impose and collect a monthly surcharge
19per commercial mobile radio service (CMRS) connection or
20in-service telephone number billed on a monthly basis that does
21not exceed $5.00. On or after January 1, 2022 2021, the
22municipality may continue imposing and collecting its wireless
23carrier surcharge as provided in and subject to the limitations
24of subsection (a) of this Section.
25    (c) In addition to any other lawful purpose, a municipality
26with a population over 500,000 may use the moneys collected

 

 

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1under this Section for any anti-terrorism or emergency
2preparedness measures, including, but not limited to,
3preparedness planning, providing local matching funds for
4federal or State grants, personnel training, and specialized
5equipment, including surveillance cameras, as needed to deal
6with natural and terrorist-inspired emergency situations or
7events.
8(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
9    (50 ILCS 750/15.6b)
10    (Section scheduled to be repealed on December 31, 2020)
11    Sec. 15.6b. Next Generation 9-1-1 service.
12    (a) The Administrator, with the advice and recommendation
13of the Statewide 9-1-1 Advisory Board, shall develop and
14implement a plan for a statewide Next Generation 9-1-1 network.
15The Next Generation 9-1-1 network must be an Internet
16protocol-based platform that at a minimum provides:
17        (1) improved 9-1-1 call delivery;
18        (2) enhanced interoperability;
19        (3) increased ease of communication between 9-1-1
20    service providers, allowing immediate transfer of 9-1-1
21    calls, caller information, photos, and other data
22    statewide;
23        (4) a hosted solution with redundancy built in; and
24        (5) compliance with NENA Standards i3 Solution 08-003.
25    (b) By July 1, 2016, the Administrator, with the advice and

 

 

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1recommendation of the Statewide 9-1-1 Advisory Board, shall
2design and issue a competitive request for a proposal to secure
3the services of a consultant to complete a feasibility study on
4the implementation of a statewide Next Generation 9-1-1 network
5in Illinois. By July 1, 2017, the consultant shall complete the
6feasibility study and make recommendations as to the
7appropriate procurement approach for developing a statewide
8Next Generation 9-1-1 network.
9    (c) Within 12 months of the final report from the
10consultant under subsection (b) of this Section, the Department
11shall procure and finalize a contract with a vendor certified
12under Section 13-900 of the Public Utilities Act to establish a
13statewide Next Generation 9-1-1 network. By July 1, 2021 2020,
14the vendor shall implement a Next Generation 9-1-1 network that
15allows 9-1-1 systems providing 9-1-1 service to Illinois
16residents to access the system utilizing their current
17infrastructure if it meets the standards adopted by the
18Department.
19(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
20    (50 ILCS 750/30)
21    (Section scheduled to be repealed on December 31, 2020)
22    Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
23    (a) A special fund in the State treasury known as the
24Wireless Service Emergency Fund shall be renamed the Statewide
259-1-1 Fund. Any appropriations made from the Wireless Service

 

 

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1Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
2The Fund shall consist of the following:
3        (1) 9-1-1 wireless surcharges assessed under the
4    Wireless Emergency Telephone Safety Act.
5        (2) 9-1-1 surcharges assessed under Section 20 of this
6    Act.
7        (3) Prepaid wireless 9-1-1 surcharges assessed under
8    Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
9        (4) Any appropriations, grants, or gifts made to the
10    Fund.
11        (5) Any income from interest, premiums, gains, or other
12    earnings on moneys in the Fund.
13        (6) Money from any other source that is deposited in or
14    transferred to the Fund.
15    (b) Subject to appropriation and availability of funds, the
16Department shall distribute the 9-1-1 surcharges monthly as
17follows:
18        (1) From each surcharge collected and remitted under
19    Section 20 of this Act:
20            (A) $0.013 shall be distributed monthly in equal
21        amounts to each County Emergency Telephone System
22        Board or qualified governmental entity in counties
23        with a population under 100,000 according to the most
24        recent census data which is authorized to serve as a
25        primary wireless 9-1-1 public safety answering point
26        for the county and to provide wireless 9-1-1 service as

 

 

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1        prescribed by subsection (b) of Section 15.6a of this
2        Act, and which does provide such service.
3            (B) $0.033 shall be transferred by the Comptroller
4        at the direction of the Department to the Wireless
5        Carrier Reimbursement Fund until June 30, 2017; from
6        July 1, 2017 through June 30, 2018, $0.026 shall be
7        transferred; from July 1, 2018 through June 30, 2019,
8        $0.020 shall be transferred; from July 1, 2019, through
9        June 30, 2020, $0.013 shall be transferred; from July
10        1, 2020 through June 30, 2021, $0.007 will be
11        transferred; and after June 30, 2021, no transfer shall
12        be made to the Wireless Carrier Reimbursement Fund.
13            (C) Until December 31, 2017, $0.007 and on and
14        after January 1, 2018, $0.017 shall be used to cover
15        the Department's administrative costs.
16            (D) Beginning January 1, 2018, until June 30, 2020,
17        $0.12, and on and after July 1, 2020, $0.04 shall be
18        used to make monthly proportional grants to the
19        appropriate 9-1-1 Authority currently taking wireless
20        9-1-1 based upon the United States Postal Zip Code of
21        the billing addresses of subscribers wireless
22        carriers.
23            (E) Until June 30, 2021 2020, $0.05 shall be used
24        by the Department for grants for NG9-1-1 expenses, with
25        priority given to 9-1-1 Authorities that provide 9-1-1
26        service within the territory of a Large Electing

 

 

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1        Provider as defined in Section 13-406.1 of the Public
2        Utilities Act.
3            (F) On and after July 1, 2020, $0.13 shall be used
4        for the implementation of and continuing expenses for
5        the Statewide NG9-1-1 system.
6        (2) After disbursements under paragraph (1) of this
7    subsection (b), all remaining funds in the Statewide 9-1-1
8    Fund shall be disbursed in the following priority order:
9            (A) The Fund shall pay monthly to:
10                (i) the 9-1-1 Authorities that imposed
11            surcharges under Section 15.3 of this Act and were
12            required to report to the Illinois Commerce
13            Commission under Section 27 of the Wireless
14            Emergency Telephone Safety Act on October 1, 2014,
15            except a 9-1-1 Authority in a municipality with a
16            population in excess of 500,000, an amount equal to
17            the average monthly wireline and VoIP surcharge
18            revenue attributable to the most recent 12-month
19            period reported to the Department under that
20            Section for the October 1, 2014 filing, subject to
21            the power of the Department to investigate the
22            amount reported and adjust the number by order
23            under Article X of the Public Utilities Act, so
24            that the monthly amount paid under this item
25            accurately reflects one-twelfth of the aggregate
26            wireline and VoIP surcharge revenue properly

 

 

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1            attributable to the most recent 12-month period
2            reported to the Commission; or
3                (ii) county qualified governmental entities
4            that did not impose a surcharge under Section 15.3
5            as of December 31, 2015, and counties that did not
6            impose a surcharge as of June 30, 2015, an amount
7            equivalent to their population multiplied by .37
8            multiplied by the rate of $0.69; counties that are
9            not county qualified governmental entities and
10            that did not impose a surcharge as of December 31,
11            2015, shall not begin to receive the payment
12            provided for in this subsection until E9-1-1 and
13            wireless E9-1-1 services are provided within their
14            counties; or
15                (iii) counties without 9-1-1 service that had
16            a surcharge in place by December 31, 2015, an
17            amount equivalent to their population multiplied
18            by .37 multiplied by their surcharge rate as
19            established by the referendum.
20            (B) All 9-1-1 network costs for systems outside of
21        municipalities with a population of at least 500,000
22        shall be paid by the Department directly to the
23        vendors.
24            (C) All expenses incurred by the Administrator and
25        the Statewide 9-1-1 Advisory Board and costs
26        associated with procurement under Section 15.6b

 

 

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1        including requests for information and requests for
2        proposals.
3            (D) Funds may be held in reserve by the Statewide
4        9-1-1 Advisory Board and disbursed by the Department
5        for grants under Section 15.4b of this Act and for
6        NG9-1-1 expenses up to $12.5 million per year in State
7        fiscal years 2016 and 2017; up to $20 million in State
8        fiscal year 2018; up to $20.9 million in State fiscal
9        year 2019; up to $15.3 million in State fiscal year
10        2020; up to $16.2 million in State fiscal year 2021; up
11        to $23.1 million in State fiscal year 2022; and up to
12        $17.0 million per year for State fiscal year 2023 and
13        each year thereafter. The amount held in reserve in
14        State fiscal years 2018 and 2019 shall not be less than
15        $6.5 million. Disbursements under this subparagraph
16        (D) shall be prioritized as follows: (i) consolidation
17        grants prioritized under subsection (a) of Section
18        15.4b of this Act; (ii) NG9-1-1 expenses; and (iii)
19        consolidation grants under Section 15.4b of this Act
20        for consolidation expenses incurred between January 1,
21        2010, and January 1, 2016.
22            (E) All remaining funds per remit month shall be
23        used to make monthly proportional grants to the
24        appropriate 9-1-1 Authority currently taking wireless
25        9-1-1 based upon the United States Postal Zip Code of
26        the billing addresses of subscribers of wireless

 

 

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1        carriers.
2    (c) The moneys deposited into the Statewide 9-1-1 Fund
3under this Section shall not be subject to administrative
4charges or chargebacks unless otherwise authorized by this Act.
5    (d) Whenever two or more 9-1-1 Authorities consolidate, the
6resulting Joint Emergency Telephone System Board shall be
7entitled to the monthly payments that had theretofore been made
8to each consolidating 9-1-1 Authority. Any reserves held by any
9consolidating 9-1-1 Authority shall be transferred to the
10resulting Joint Emergency Telephone System Board. Whenever a
11county that has no 9-1-1 service as of January 1, 2016 enters
12into an agreement to consolidate to create or join a Joint
13Emergency Telephone System Board, the Joint Emergency
14Telephone System Board shall be entitled to the monthly
15payments that would have otherwise been paid to the county if
16it had provided 9-1-1 service.
17(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
18    (50 ILCS 750/99)
19    (Section scheduled to be repealed on December 31, 2020)
20    Sec. 99. Repealer. This Act is repealed on December 31,
212021 2020.
22(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
 
23    Section 30. The Public Utilities Act is amended by changing
24Sections 13-1200, 21-401, and 21-1601 as follows:
 

 

 

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1    (220 ILCS 5/13-1200)
2    (Section scheduled to be repealed on December 31, 2020)
3    Sec. 13-1200. Repealer. This Article is repealed December
431, 2021 2020.
5(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
 
6    (220 ILCS 5/21-401)
7    (Section scheduled to be repealed on December 31, 2020)
8    Sec. 21-401. Applications.
9    (a)(1) A person or entity seeking to provide cable service
10or video service pursuant to this Article shall not use the
11public rights-of-way for the installation or construction of
12facilities for the provision of cable service or video service
13or offer cable service or video service until it has obtained a
14State-issued authorization to offer or provide cable or video
15service under this Section, except as provided for in item (2)
16of this subsection (a). All cable or video providers offering
17or providing service in this State shall have authorization
18pursuant to either (i) the Cable and Video Competition Law of
192007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the
20Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section
215-1095 of the Counties Code (55 ILCS 5/5-1095).
22    (2) Nothing in this Section shall prohibit a local unit of
23government from granting a permit to a person or entity for the
24use of the public rights-of-way to install or construct

 

 

HB2174 Enrolled- 23 -LRB101 07405 SMS 52445 b

1facilities to provide cable service or video service, at its
2sole discretion. No unit of local government shall be liable
3for denial or delay of a permit prior to the issuance of a
4State-issued authorization.
5    (b) The application to the Commission for State-issued
6authorization shall contain a completed affidavit submitted by
7the applicant and signed by an officer or general partner of
8the applicant affirming all of the following:
9        (1) That the applicant has filed or will timely file
10    with the Federal Communications Commission all forms
11    required by that agency in advance of offering cable
12    service or video service in this State.
13        (2) That the applicant agrees to comply with all
14    applicable federal and State statutes and regulations.
15        (3) That the applicant agrees to comply with all
16    applicable local unit of government regulations.
17        (4) An exact description of the cable service or video
18    service area where the cable service or video service will
19    be offered during the term of the State-issued
20    authorization. The service area shall be identified in
21    terms of either (i) exchanges, as that term is defined in
22    Section 13-206 of this Act; (ii) a collection of United
23    States Census Bureau Block numbers (13 digit); (iii) if the
24    area is smaller than the areas identified in either (i) or
25    (ii), by geographic information system digital boundaries
26    meeting or exceeding national map accuracy standards; or

 

 

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1    (iv) local unit of government. The description shall
2    include the number of low-income households within the
3    service area or footprint. If an applicant is an incumbent
4    cable operator, the incumbent cable operator and any
5    successor-in-interest shall be obligated to provide access
6    to cable services or video services within any local units
7    of government at the same levels required by the local
8    franchising authorities for the local unit of government on
9    June 30, 2007 (the effective date of Public Act 95-9), and
10    its application shall provide a description of an area no
11    smaller than the service areas contained in its franchise
12    or franchises within the jurisdiction of the local unit of
13    government in which it seeks to offer cable or video
14    service.
15        (5) The location and telephone number of the
16    applicant's principal place of business within this State
17    and the names of the applicant's principal executive
18    officers who are responsible for communications concerning
19    the application and the services to be offered pursuant to
20    the application, the applicant's legal name, and any name
21    or names under which the applicant does or will provide
22    cable services or video services in this State.
23        (6) A certification that the applicant has
24    concurrently delivered a copy of the application to all
25    local units of government that include all or any part of
26    the service area identified in item (4) of this subsection

 

 

HB2174 Enrolled- 25 -LRB101 07405 SMS 52445 b

1    (b) within such local unit of government's jurisdictional
2    boundaries.
3        (7) The expected date that cable service or video
4    service will be initially offered in the area identified in
5    item (4) of this subsection (b). In the event that a holder
6    does not offer cable services or video services within 3
7    months after the expected date, it shall amend its
8    application and update the expected date service will be
9    offered and explain the delay in offering cable services or
10    video services.
11        (8) For any entity that received State-issued
12    authorization prior to this amendatory Act of the 98th
13    General Assembly as a cable operator and that intends to
14    proceed as a cable operator under this Article, the entity
15    shall file a written affidavit with the Commission and
16    shall serve a copy of the affidavit with any local units of
17    government affected by the authorization within 30 days
18    after the effective date of this amendatory Act of the 98th
19    General Assembly stating that the holder will be providing
20    cable service under the State-issued authorization.
21    The application shall include adequate assurance that the
22applicant possesses the financial, managerial, legal, and
23technical qualifications necessary to construct and operate
24the proposed system, to promptly repair any damage to the
25public right-of-way caused by the applicant, and to pay the
26cost of removal of its facilities. To accomplish these

 

 

HB2174 Enrolled- 26 -LRB101 07405 SMS 52445 b

1requirements, the applicant may, at the time the applicant
2seeks to use the public rights-of-way in that jurisdiction, be
3required by the State of Illinois or later be required by the
4local unit of government, or both, to post a bond, produce a
5certificate of insurance, or otherwise demonstrate its
6financial responsibility.
7    The application shall include the applicant's general
8standards related to customer service required by Section
922-501 of this Act, which shall include, but not be limited to,
10installation, disconnection, service and repair obligations;
11appointment hours; employee ID requirements; customer service
12telephone numbers and hours; procedures for billing, charges,
13deposits, refunds, and credits; procedures for termination of
14service; notice of deletion of programming service and changes
15related to transmission of programming or changes or increases
16in rates; use and availability of parental control or lock-out
17devices; complaint procedures and procedures for bill dispute
18resolution and a description of the rights and remedies
19available to consumers if the holder does not materially meet
20their customer service standards; and special services for
21customers with visual, hearing, or mobility disabilities.
22    (c)(1) The applicant may designate information that it
23submits in its application or subsequent reports as
24confidential or proprietary, provided that the applicant
25states the reasons the confidential designation is necessary.
26The Commission shall provide adequate protection for such

 

 

HB2174 Enrolled- 27 -LRB101 07405 SMS 52445 b

1information pursuant to Section 4-404 of this Act. If the
2Commission, a local unit of government, or any other party
3seeks public disclosure of information designated as
4confidential, the Commission shall consider the confidential
5designation in a proceeding under the Illinois Administrative
6Procedure Act, and the burden of proof to demonstrate that the
7designated information is confidential shall be upon the
8applicant. Designated information shall remain confidential
9pending the Commission's determination of whether the
10information is entitled to confidential treatment. Information
11designated as confidential shall be provided to local units of
12government for purposes of assessing compliance with this
13Article as permitted under a Protective Order issued by the
14Commission pursuant to the Commission's rules and to the
15Attorney General pursuant to Section 6.5 of the Attorney
16General Act (15 ILCS 205/6.5). Information designated as
17confidential under this Section or determined to be
18confidential upon Commission review shall only be disclosed
19pursuant to a valid and enforceable subpoena or court order or
20as required by the Freedom of Information Act. Nothing herein
21shall delay the application approval timeframes set forth in
22this Article.
23    (2) Information regarding the location of video services
24that have been or are being offered to the public and aggregate
25information included in the reports required by this Article
26shall not be designated or treated as confidential.

 

 

HB2174 Enrolled- 28 -LRB101 07405 SMS 52445 b

1    (d)(1) The Commission shall post all applications it
2receives under this Article on its web site within 5 business
3days.
4    (2) The Commission shall notify an applicant for a cable
5service or video service authorization whether the applicant's
6application and affidavit are complete on or before the 15th
7business day after the applicant submits the application. If
8the application and affidavit are not complete, the Commission
9shall state in its notice all of the reasons the application or
10affidavit are incomplete, and the applicant shall resubmit a
11complete application. The Commission shall have 30 days after
12submission by the applicant of a complete application and
13affidavit to issue the service authorization. If the Commission
14does not notify the applicant regarding the completeness of the
15application and affidavit or issue the service authorization
16within the time periods required under this subsection, the
17application and affidavit shall be considered complete and the
18service authorization issued upon the expiration of the 30th
19day.
20    (e) Any authorization issued by the Commission will expire
21on December 31, 2024 2023 and shall contain or include all of
22the following:
23        (1) A grant of authority, including an authorization
24    issued prior to this amendatory Act of the 98th General
25    Assembly, to provide cable service or video service in the
26    service area footprint as requested in the application,

 

 

HB2174 Enrolled- 29 -LRB101 07405 SMS 52445 b

1    subject to the provisions of this Article in existence on
2    the date the grant of authority was issued, and any
3    modifications to this Article enacted at any time prior to
4    the date in Section 21-1601 of this Act, and to the laws of
5    the State and the ordinances, rules, and regulations of the
6    local units of government.
7        (2) A grant of authority to use, occupy, and construct
8    facilities in the public rights-of-way for the delivery of
9    cable service or video service in the service area
10    footprint, subject to the laws, ordinances, rules, or
11    regulations of this State and local units of governments.
12        (3) A statement that the grant of authority is subject
13    to lawful operation of the cable service or video service
14    by the applicant, its affiliated entities, or its
15    successors-in-interest.
16    (e-5) The Commission shall notify a local unit of
17government within 3 business days of the grant of any
18authorization within a service area footprint if that
19authorization includes any part of the local unit of
20government's jurisdictional boundaries and state whether the
21holder will be providing video service or cable service under
22the authorization.
23    (f) The authorization issued pursuant to this Section by
24the Commission may be transferred to any successor-in-interest
25to the applicant to which it is initially granted without
26further Commission action if the successor-in-interest (i)

 

 

HB2174 Enrolled- 30 -LRB101 07405 SMS 52445 b

1submits an application and the information required by
2subsection (b) of this Section for the successor-in-interest
3and (ii) is not in violation of this Article or of any federal,
4State, or local law, ordinance, rule, or regulation. A
5successor-in-interest shall file its application and notice of
6transfer with the Commission and the relevant local units of
7government no less than 15 business days prior to the
8completion of the transfer. The Commission is not required or
9authorized to act upon the notice of transfer; however, the
10transfer is not effective until the Commission approves the
11successor-in-interest's application. A local unit of
12government or the Attorney General may seek to bar a transfer
13of ownership by filing suit in a court of competent
14jurisdiction predicated on the existence of a material and
15continuing breach of this Article by the holder, a pattern of
16noncompliance with customer service standards by the potential
17successor-in-interest, or the insolvency of the potential
18successor-in-interest. If a transfer is made when there are
19violations of this Article or of any federal, State, or local
20law, ordinance, rule, or regulation, the successor-in-interest
21shall be subject to 3 times the penalties provided for in this
22Article.
23    (g) The authorization issued pursuant to this Section by
24the Commission may be terminated, or its cable service or video
25service area footprint may be modified, by the cable service
26provider or video service provider by submitting notice to the

 

 

HB2174 Enrolled- 31 -LRB101 07405 SMS 52445 b

1Commission and to the relevant local unit of government
2containing a description of the change on the same terms as the
3initial description pursuant to item (4) of subsection (b) of
4this Section. The Commission is not required or authorized to
5act upon that notice. It shall be a violation of this Article
6for a holder to discriminate against potential residential
7subscribers because of the race or income of the residents in
8the local area in which the group resides by terminating or
9modifying its cable service or video service area footprint. It
10shall be a violation of this Article for a holder to terminate
11or modify its cable service or video service area footprint if
12it leaves an area with no cable service or video service from
13any provider.
14    (h) The Commission's authority to administer this Article
15is limited to the powers and duties explicitly provided under
16this Article. Its authority under this Article does not include
17or limit the powers and duties that the Commission has under
18the other Articles of this Act, the Illinois Administrative
19Procedure Act, or any other law or regulation to conduct
20proceedings, other than as provided in subsection (c), or has
21to promulgate rules or regulations. The Commission shall not
22have the authority to limit or expand the obligations and
23requirements provided in this Section or to regulate or control
24a person or entity to the extent that person or entity is
25providing cable service or video service, except as provided in
26this Article.

 

 

HB2174 Enrolled- 32 -LRB101 07405 SMS 52445 b

1(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
 
2    (220 ILCS 5/21-1601)
3    (Section scheduled to be repealed on December 31, 2020)
4    Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of
5this Article are repealed December 31, 2021 2020.
6(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
 
7    Section 35. The Mercury Thermostat Collection Act is
8amended by changing Section 55 as follows:
 
9    (415 ILCS 98/55)
10    (Section scheduled to be repealed on January 1, 2021)
11    Sec. 55. Repealer. This Act is repealed on January 1, 2022
122021.
13(Source: P.A. 96-1295, eff. 7-26-10.)
 
14    Section 40. The Transportation Network Providers Act is
15amended by changing Section 34 as follows:
 
16    (625 ILCS 57/34)
17    (Section scheduled to be repealed on June 1, 2020)
18    Sec. 34. Repeal. This Act is repealed on June 1, 2021 2020.
19(Source: P.A. 99-56, eff. 7-16-15.)
 
20    Section 45. The Mechanics Lien Act is amended by changing

 

 

HB2174 Enrolled- 33 -LRB101 07405 SMS 52445 b

1Section 6 as follows:
 
2    (770 ILCS 60/6)  (from Ch. 82, par. 6)
3    Sec. 6. In no event shall it be necessary to fix or
4stipulate in any contract a time for the completion or a time
5for payment in order to obtain a lien under this Act, provided,
6that the work is done or material furnished within three years
7from the commencement of said work or the commencement of
8furnishing said material in the case of work done or material
9furnished as to residential property; and within 5 years from
10the commencement of said work or the commencement of furnishing
11said material in the case of work done or material furnished as
12to any other type of property. The changes made by Public Act
1397-966 are operative from January 1, 2013 through December 31,
142021 2020.
15(Source: P.A. 99-852, eff. 8-19-16.)
 
16    Section 50. "An Act concerning employment", approved
17August 9, 2019 (Public Act 101-221), is amended by changing
18Section 99-99 as follows:
 
19    (P.A. 101-221, Sec. 99-99)
20    Sec. 99-99. Effective date. This Act takes effect January
211, 2020, except that: (i) Article 5 takes effect March 1, 2021
22July 1, 2020; and (ii) Article 6 and this Article take effect
23upon becoming law.

 

 

HB2174 Enrolled- 34 -LRB101 07405 SMS 52445 b

1(Source: P.A. 101-221.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.