98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4230

 

Introduced , by Rep. Camille Y. Lilly

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/5.855 new
50 ILCS 751/5
50 ILCS 751/10
50 ILCS 751/17
50 ILCS 751/70
50 ILCS 751/90 new
220 ILCS 5/13-900
220 ILCS 5/13-900.1
220 ILCS 5/13-900.3
220 ILCS 5/13-1200

    Amends the State Finance Act. Adds the Poison Response Fund. Amends the Wireless Emergency Telephone Safety Act. Provides that human poison control centers constitute an enhancement to 9-1-1 services pursuant to federal law. Provides that for surcharges collected and remitted on or after July 1, 2013, $0.1275 per surcharge collected shall be deposited into the Wireless Carrier Reimbursement Fund on the last day of each month, $0.5825 per surcharge collected shall be deposited into the Wireless Service Emergency Fund, $0.02 per surcharge shall be deposited in the Poison Response Fund, and $0.01 per surcharge collected may be disbursed to the Illinois Commerce Commission for administrative costs. Requires the Auditor General to conduct an annual audit of the Poison Response Fund. Permits the Commission to require an annual report of income and expenditures from each human poison control center. Extends the date of repeal of the Act to July 1, 2018 (currently July 1, 2013). Creates the Poison Response Fund. Amends the Public Utilities Act. Extends the repeal of certain Sections relating to 9-1-1 system providers until July 1, 2016 (currently July 1, 2015). Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4230LRB098 15345 JLK 50374 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by adding
5Section 5.855 as follows:
 
6    (30 ILCS 105/5.855 new)
7    Sec. 5.855. The Poison Response Fund.
 
8    Section 10. The Wireless Emergency Telephone Safety Act is
9amended by changing Sections 5, 10, 17, 70, and 90 as follows:
 
10    (50 ILCS 751/5)
11    (Section scheduled to be repealed on July 1, 2014)
12    Sec. 5. Purpose. The General Assembly finds and declares it
13is in the public interest to promote the use of wireless 9-1-1
14and wireless enhanced 9-1-1 (E9-1-1) service in order to save
15lives and protect the property of the citizens of the State of
16Illinois.
17    Wireless carriers are required by the Federal
18Communications Commission (FCC) to provide E9-1-1 service in
19the form of automatic location identification and automatic
20number identification pursuant to policies set forth by the
21FCC.

 

 

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1    Public safety agencies and wireless carriers are
2encouraged to work together to provide emergency access to
3wireless 9-1-1 and wireless E9-1-1 service. Public safety
4agencies and wireless carriers operating wireless 9-1-1 and
5wireless E9-1-1 systems require adequate funding to recover the
6costs of designing, purchasing, installing, testing, and
7operating enhanced facilities, systems, and services necessary
8to comply with the wireless E9-1-1 requirements mandated by the
9Federal Communications Commission and to maximize the
10availability of wireless E9-1-1 services throughout the State
11of Illinois.
12    The revenues generated by the wireless carrier surcharge
13enacted by this Act are required to fund the efforts of the
14wireless carriers, emergency telephone system boards,
15qualified governmental entities, human poison control centers,
16and the Department of State Police to improve the public
17health, safety, and welfare and to serve a public purpose by
18providing emergency telephone assistance through wireless
19communications.
20    It is the intent of the General Assembly to:
21        (1) establish and implement a cohesive statewide
22    emergency telephone number that will provide wireless
23    telephone users with rapid direct access to public safety
24    agencies by dialing the telephone number 9-1-1;
25        (2) encourage wireless carriers and public safety
26    agencies to provide E9-1-1 services that will assist public

 

 

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1    safety agencies in determining the caller's approximate
2    location and wireless telephone number;
3        (3) grant authority to public safety agencies not
4    already in possession of the authority to finance the cost
5    of installing and operating wireless 9-1-1 systems and
6    reimbursing wireless carriers for costs incurred to
7    provide wireless E9-1-1 services; and
8        (3.5) provide rapid direct access to poison-related
9    information and advice from human poison control centers to
10    public safety agencies, health care providers, and the
11    general public; and
12        (4) provide for a reasonable fee on wireless telephone
13    service subscribers to accomplish these purposes and
14    provide for the enforcement and collection of such fees.
15(Source: P.A. 95-63, eff. 8-13-07.)
 
16    (50 ILCS 751/10)
17    (Section scheduled to be repealed on July 1, 2014)
18    Sec. 10. Definitions. In this Act:
19    "Emergency telephone system board" means a board appointed
20by the corporate authorities of any county or municipality that
21provides for the management and operation of a 9-1-1 system
22within the scope of the duties and powers prescribed by the
23Emergency Telephone System Act.
24    "Human poison control center" shall have the meaning
25provided in Section 10 of the Poison Control System Act.

 

 

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1Services provided by a human poison control center shall be
2provided as, and constitute, an enhancement to 9-1-1 services
3pursuant to 47 U.S.C. 615a-1(f)(1).
4    "Master street address guide" means the computerized
5geographical database that consists of all street and address
6data within a 9-1-1 system.
7    "Mobile telephone number" or "MTN" shall mean the telephone
8number assigned to a wireless telephone at the time of initial
9activation.
10    "Prepaid wireless telecommunications service" means
11wireless telecommunications service that allows a caller to
12dial 9-1-1 to access the 9-1-1 system, which service must be
13paid for in advance and is sold in predetermined units or
14dollars which the amount declines with use in a known amount.
15    "Public safety agency" means a functional division of a
16public agency that provides fire fighting, police, medical, or
17other emergency services. For the purpose of providing wireless
18service to users of 9-1-1 emergency services, as expressly
19provided for in this Act, the Department of State Police may be
20considered a public safety agency.
21    "Qualified governmental entity" means a unit of local
22government authorized to provide 9-1-1 services pursuant to the
23Emergency Telephone System Act where no emergency telephone
24system board exists.
25    "Remit period" means the billing period, one month in
26duration, for which a wireless carrier remits a surcharge and

 

 

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1provides subscriber information by zip code to the Illinois
2Commerce Commission, in accordance with Section 17 of this Act.
3    "Statewide wireless emergency 9-1-1 system" means all
4areas of the State where an emergency telephone system board
5or, in the absence of an emergency telephone system board, a
6qualified governmental entity has not declared its intention
7for one or more of its public safety answering points to serve
8as a primary wireless 9-1-1 public safety answering point for
9its jurisdiction. The operator of the statewide wireless
10emergency 9-1-1 system shall be the Department of State Police.
11    "Wireless carrier" means a provider of two-way cellular,
12broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
13Mobile Radio Service (CMRS), Wireless Communications Service
14(WCS), or other Commercial Mobile Radio Service (CMRS), as
15defined by the Federal Communications Commission, offering
16radio communications that may provide fixed, mobile, radio
17location, or satellite communication services to individuals
18or businesses within its assigned spectrum block and
19geographical area or that offers real-time, two-way voice
20service that is interconnected with the public switched
21network, including a reseller of such service.
22    "Wireless enhanced 9-1-1" means the ability to relay the
23telephone number of the originator of a 9-1-1 call and location
24information from any mobile handset or text telephone device
25accessing the wireless system to the designated wireless public
26safety answering point as set forth in the order of the Federal

 

 

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1Communications Commission, FCC Docket No. 94-102, adopted June
212, 1996, with an effective date of October 1, 1996, and any
3subsequent amendment thereto.
4    "Wireless public safety answering point" means the
5functional division of an emergency telephone system board,
6qualified governmental entity, or the Department of State
7Police accepting wireless 9-1-1 calls.
8    "Wireless subscriber" means an individual or entity to whom
9a wireless service account or number has been assigned by a
10wireless carrier, other than an account or number associated
11with prepaid wireless telecommunication service.
12(Source: P.A. 97-463, eff. 1-1-12.)
 
13    (50 ILCS 751/17)
14    (Section scheduled to be repealed on July 1, 2014)
15    Sec. 17. Wireless carrier surcharge.
16    (a) Except as provided in Sections 45 and 80, each wireless
17carrier shall impose a monthly wireless carrier surcharge per
18CMRS connection that either has a telephone number within an
19area code assigned to Illinois by the North American Numbering
20Plan Administrator or has a billing address in this State. No
21wireless carrier shall impose the surcharge authorized by this
22Section upon any subscriber who is subject to the surcharge
23imposed by a unit of local government pursuant to Section 45.
24Prior to January 1, 2008 (the effective date of Public Act
2595-698), the surcharge amount shall be the amount set by the

 

 

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1Wireless Enhanced 9-1-1 Board. Beginning on January 1, 2008
2(the effective date of Public Act 95-698), the monthly
3surcharge imposed under this Section shall be $0.73 per CMRS
4connection. The wireless carrier that provides wireless
5service to the subscriber shall collect the surcharge from the
6subscriber. For mobile telecommunications services provided on
7and after August 1, 2002, any surcharge imposed under this Act
8shall be imposed based upon the municipality or county that
9encompasses the customer's place of primary use as defined in
10the Mobile Telecommunications Sourcing Conformity Act. The
11surcharge shall be stated as a separate item on the
12subscriber's monthly bill. The wireless carrier shall begin
13collecting the surcharge on bills issued within 90 days after
14the Wireless Enhanced 9-1-1 Board sets the monthly wireless
15surcharge. State and local taxes shall not apply to the
16wireless carrier surcharge.
17    (b) Except as provided in Sections 45 and 80, a wireless
18carrier shall, within 45 days of collection, remit, either by
19check or by electronic funds transfer, to the State Treasurer
20the amount of the wireless carrier surcharge collected from
21each subscriber. Of the amounts remitted under this subsection
22prior to January 1, 2008 (the effective date of Public Act
2395-698), and for surcharges imposed before January 1, 2008 (the
24effective date of Public Act 95-698) but remitted after January
251, 2008, the State Treasurer shall deposit one-third into the
26Wireless Carrier Reimbursement Fund and two-thirds into the

 

 

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1Wireless Service Emergency Fund. For surcharges collected and
2remitted on or after January 1, 2008 (the effective date of
3Public Act 95-698), $0.1475 per surcharge collected shall be
4deposited into the Wireless Carrier Reimbursement Fund, and
5$0.5825 per surcharge collected shall be deposited into the
6Wireless Service Emergency Fund. Of the amounts deposited into
7the Wireless Carrier Reimbursement Fund under this subsection,
8$0.01 per surcharge collected may be distributed to the
9carriers to cover their administrative costs. Of the amounts
10deposited into the Wireless Service Emergency Fund under this
11subsection, $0.01 per surcharge collected may be disbursed to
12the Illinois Commerce Commission to cover its administrative
13costs.
14    For surcharges collected and remitted on or after July 1,
152014, $0.1275 per surcharge collected shall be deposited into
16the Wireless Carrier Reimbursement Fund, $0.5825 per surcharge
17collected shall be deposited into the Wireless Service
18Emergency Fund, and $0.02 per surcharge collected shall be
19deposited in the Poison Response Fund for distribution on the
20last day of each month to a human poison control center as
21defined in Section 10 of the Poison Control System Act. Of the
22amounts deposited into the Wireless Carrier Reimbursement Fund
23under this subsection, $0.01 per surcharge collected may be
24distributed to the carriers to cover their administrative
25costs. Of the amounts deposited into the Wireless Service
26Emergency Fund under this subsection, $0.01 per surcharge

 

 

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1collected may be disbursed to the Illinois Commerce Commission
2for administrative costs.
3    (c) The first such remittance by wireless carriers shall
4include the number of wireless subscribers by zip code, and the
59-digit zip code if currently being used or later implemented
6by the carrier, that shall be the means by which the Illinois
7Commerce Commission shall determine distributions from the
8Wireless Service Emergency Fund. This information shall be
9updated no less often than every year. Wireless carriers are
10not required to remit surcharge moneys that are billed to
11subscribers but not yet collected. Any carrier that fails to
12provide the zip code information required under this subsection
13(c) shall be subject to the penalty set forth in subsection (f)
14of this Section.
15    (d) Any funds collected under the Prepaid Wireless 9-1-1
16Surcharge Act shall be distributed using a prorated method
17based upon zip code information collected from post-paid
18wireless carriers under subsection (c) of this Section.
19    (e) If before midnight on the last day of the third
20calendar month after the closing date of the remit period a
21wireless carrier does not remit the surcharge or any portion
22thereof required under this Section, then the surcharge or
23portion thereof shall be deemed delinquent until paid in full,
24and the Illinois Commerce Commission may impose a penalty
25against the carrier in an amount equal to the greater of:
26        (1) $25 for each month or portion of a month from the

 

 

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1    time an amount becomes delinquent until the amount is paid
2    in full; or
3        (2) an amount equal to the product of 1% and the sum of
4    all delinquent amounts for each month or portion of a month
5    that the delinquent amounts remain unpaid.
6    A penalty imposed in accordance with this subsection (e)
7for a portion of a month during which the carrier provides the
8number of subscribers by zip code as required under subsection
9(c) of this Section shall be prorated for each day of that
10month during which the carrier had not provided the number of
11subscribers by zip code as required under subsection (c) of
12this Section. Any penalty imposed under this subsection (e) is
13in addition to the amount of the delinquency and is in addition
14to any other penalty imposed under this Section.
15    (f) If, before midnight on the last day of the third
16calendar month after the closing date of the remit period, a
17wireless carrier does not provide the number of subscribers by
18zip code as required under subsection (c) of this Section, then
19the report is deemed delinquent and the Illinois Commerce
20Commission may impose a penalty against the carrier in an
21amount equal to the greater of:
22        (1) $25 for each month or portion of a month that the
23    report is delinquent; or
24        (2) an amount equal to the product of 1/2 and the
25    number of subscribers served by the wireless carrier.
26    A penalty imposed in accordance with this subsection (f)

 

 

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1for a portion of a month during which the carrier pays the
2delinquent amount in full shall be prorated for each day of
3that month that the delinquent amount was paid in full. Any
4penalty imposed under this subsection (f) is in addition to any
5other penalty imposed under this Section.
6    (g) The Illinois Commerce Commission may enforce the
7collection of any delinquent amount and any penalty due and
8unpaid under this Section by legal action or in any other
9manner by which the collection of debts due the State of
10Illinois may be enforced under the laws of this State. The
11Executive Director of the Illinois Commerce Commission, or his
12or her designee, may excuse the payment of any penalty imposed
13under this Section if the Executive Director, or his or her
14designee, determines that the enforcement of this penalty is
15unjust.
16    (h) Notwithstanding any provision of law to the contrary,
17nothing shall impair the right of wireless carriers to recover
18compliance costs for all emergency communications services
19that are not reimbursed out of the Wireless Carrier
20Reimbursement Fund directly from their wireless subscribers
21via line-item charges on the wireless subscriber's bill. Those
22compliance costs include all costs incurred by wireless
23carriers in complying with local, State, and federal regulatory
24or legislative mandates that require the transmission and
25receipt of emergency communications to and from the general
26public, including, but not limited to, E-911.

 

 

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1    (i) The Auditor General shall conduct, on an annual basis,
2an audit of the Wireless Service Emergency Fund, the Poison
3Response Fund, and the Wireless Carrier Reimbursement Fund for
4compliance with the requirements of this Act. The audit shall
5include, but not be limited to, the following determinations:
6        (1) Whether the Commission is maintaining detailed
7    records of all receipts and disbursements from the Wireless
8    Carrier Emergency Fund, the Poison Response Fund, and the
9    Wireless Carrier Reimbursement Fund.
10        (2) Whether the Commission's administrative costs
11    charged to the funds are adequately documented and are
12    reasonable.
13        (3) Whether the Commission's procedures for making
14    grants and providing reimbursements in accordance with the
15    Act are adequate.
16        (4) The status of the implementation of wireless 9-1-1
17    and E9-1-1 services in Illinois.
18        (5) The status of human poison response services in
19    Illinois.
20    The Commission, the Department of State Police, and any
21other entity or person that may have information relevant to
22the audit shall cooperate fully and promptly with the Office of
23the Auditor General in conducting the audit. The Auditor
24General shall commence the audit as soon as possible and
25distribute the report upon completion in accordance with
26Section 3-14 of the Illinois State Auditing Act.

 

 

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1    (j) The Illinois Commerce Commission may require an annual
2report of income and expenditures of the Poison Response Fund
3from each human poison control center as defined in Section 10
4of the Poison Control System Act.
5(Source: P.A. 97-463, eff. 1-1-12.)
 
6    (50 ILCS 751/70)
7    (Section scheduled to be repealed on July 1, 2014)
8    Sec. 70. Repealer. This Act is repealed on July 1, 2018
92014.
10(Source: P.A. 97-1163, eff. 2-4-13; 98-45, eff. 6-28-13.)
 
11    (50 ILCS 751/90 new)
12    Sec. 90. Poison Response Fund. The Poison Response Fund is
13created as a special fund in the State treasury. Subject to
14appropriation, moneys in the Poison Response Fund may only be
15used as described in subsection (b) of Section 17 of this Act.
 
16    Section 15. The Public Utilities Act is amended by changing
17Sections 13-900, 13-900.1, 13-900.3, and 13-1200 as follows:
 
18    (220 ILCS 5/13-900)
19    (Section scheduled to be repealed on July 1, 2015)
20    Sec. 13-900. Authority to serve as 9-1-1 system provider;
21rules.
22    (a) The General Assembly finds that it is necessary to

 

 

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1require the certification of 9-1-1 system providers to ensure
2the safety of the lives and property of Illinoisans and
3Illinois businesses, and to otherwise protect and promote the
4public safety, health, and welfare of the citizens of this
5State and their property.
6    (b) For purposes of this Section:
7        "9-1-1 system" has the same meaning as that term is
8    defined in Section 2.19 of the Emergency Telephone System
9    Act.
10        "9-1-1 system provider" means any person, corporation,
11    limited liability company, partnership, sole
12    proprietorship, or entity of any description whatever that
13    acts as a system provider within the meaning of Section
14    2.18 of the Emergency Telephone System Act.
15        "Emergency Telephone System Board" has the same
16    meaning as that term is defined in Sections 2.11 and 15.4
17    of the Emergency Telephone System Act.
18        "Public safety agency personnel" means personnel
19    employed by a public safety agency, as that term is defined
20    in Section 2.02 of the Emergency Telephone System Act,
21    whose responsibilities include responding to requests for
22    emergency services.
23    (c) Except as otherwise provided in this Section, beginning
24July 1, 2010, it is unlawful for any 9-1-1 system provider to
25offer or provide or seek to offer or provide to any emergency
26telephone system board or 9-1-1 system, or agent,

 

 

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1representative, or designee thereof, any network and database
2service used or intended to be used by any emergency telephone
3system board or 9-1-1 system for the purpose of answering,
4transferring, or relaying requests for emergency services, or
5dispatching public safety agency personnel in response to
6requests for emergency services, unless the 9-1-1 system
7provider has applied for and received a Certificate of 9-1-1
8System Provider Authority from the Commission. The Commission
9shall approve an application for a Certificate of 9-1-1 System
10Provider Authority upon a showing by the applicant, and a
11finding by the Commission, after notice and hearing, that the
12applicant possesses sufficient technical, financial, and
13managerial resources and abilities to provide network service
14and database services that it seeks authority to provide in its
15application for service authority, in a safe, continuous, and
16uninterrupted manner.
17    (d) No incumbent local exchange carrier that provides, as
18of the effective date of this amendatory Act of the 96th
19General Assembly, any 9-1-1 network and 9-1-1 database service
20used or intended to be used by any Emergency Telephone System
21Board or 9-1-1 system, shall be required to obtain a
22Certificate of 9-1-1 System Provider Authority under this
23Section. No entity that possesses, as of the effective date of
24this amendatory Act of the 96th General Assembly, a Certificate
25of Service Authority and provides 9-1-1 network and 9-1-1
26database services to any incumbent local exchange carrier as of

 

 

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1the effective date of this amendatory Act of the 96th General
2Assembly shall be required to obtain a Certificate of 9-1-1
3System Provider Authority under this Section.
4    (e) Any and all enforcement authority granted to the
5Commission under this Section shall apply exclusively to 9-1-1
6system providers granted a Certificate of Service Authority
7under this Section and shall not apply to incumbent local
8exchange carriers that are providing 9-1-1 service as of the
9effective date of this amendatory Act of the 96th General
10Assembly.
11    (f) This Section is repealed on July 1, 2016.
12(Source: P.A. 96-25, eff. 6-30-09.)
 
13    (220 ILCS 5/13-900.1)
14    (Section scheduled to be repealed on July 1, 2015)
15    Sec. 13-900.1. Authority over 9-1-1 rates and terms of
16service. Notwithstanding any other provision of this Article,
17the Commission retains its full authority over the rates and
18service quality as they apply to 9-1-1 system providers,
19including the Commission's existing authority over
20interconnection with 9-1-1 system providers and 9-1-1 systems.
21The rates, terms, and conditions for 9-1-1 service shall be
22tariffed and shall be provided in the manner prescribed by this
23Act and shall be subject to the applicable laws, including
24rules or regulations adopted and orders issued by the
25Commission or the Federal Communications Commission. The

 

 

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1Commission retains this full authority regardless of the
2technologies utilized or deployed by 9-1-1 system providers.
3    This Section is repealed on July 1, 2016.
4(Source: P.A. 96-927, eff. 6-15-10; 97-333, eff. 8-12-11.)
 
5    (220 ILCS 5/13-900.3)
6    (Section scheduled to be repealed on July 1, 2015)
7    Sec. 13-900.3. Regulatory flexibility for 9-1-1 system
8providers.
9    (a) For purposes of this Section, "Regional Pilot Project"
10to implement next generation 9-1-1 has the same meaning as that
11term is defined in Section 2.22 of the Emergency Telephone
12System Act.
13    (b) For the limited purpose of a Regional Pilot Project to
14implement next generation 9-1-1, as defined in Section 13-900
15of this Article, the Commission may forbear from applying any
16rule or provision of Section 13-900 as it applies to
17implementation of the Regional Pilot Project to implement next
18generation 9-1-1 if the Commission determines, after notice and
19hearing, that: (1) enforcement of the rule is not necessary to
20ensure the development and improvement of emergency
21communication procedures and facilities in such a manner as to
22be able to quickly respond to any person requesting 9-1-1
23services from police, fire, medical, rescue, and other
24emergency services; (2) enforcement of the rule or provision is
25not necessary for the protection of consumers; and (3)

 

 

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1forbearance from applying such provisions or rules is
2consistent with the public interest. The Commission may
3exercise such forbearance with respect to one, and only one,
4Regional Pilot Project as authorized by Sections 10 and 11 of
5the Emergency Telephone Systems Act to implement next
6generation 9-1-1.
7    (c) This Section is repealed on July 1, 2016.
8(Source: P.A. 96-1443, eff. 8-20-10; 97-333, eff. 8-12-11.)
 
9    (220 ILCS 5/13-1200)
10    (Section scheduled to be repealed on July 1, 2015)
11    Sec. 13-1200. Repealer. This Article, except for Sections
1213-900, 13-900.1, and 13-900.3, is repealed July 1, 2015.
13(Source: P.A. 98-45, eff. 6-28-13.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.