HB2174sam002 101ST GENERAL ASSEMBLY

Sen. Emil Jones, III

Filed: 5/20/2020

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2174

2    AMENDMENT NO. ______. Amend House Bill 2174 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Section 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 Acts repealed on January 1, 2022.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8Acts are repealed on January 1, 2022: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.

 

 

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1    The Illinois Health Information Exchange and Technology
2Act.
3    The Medical Practice Act of 1987.
4    The Registered Interior Designers Act.
5    The Massage Licensing Act.
6    The Petroleum Equipment Contractors Licensing Act.
7    The Radiation Protection Act of 1990.
8    The Real Estate Appraiser Licensing Act of 2002.
9    The Water Well and Pump Installation Contractor's License
10Act.
11(Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19;
12101-614, eff. 12-20-19.)
 
13    (5 ILCS 80/4.31 rep.)
14    Section 10. The Regulatory Sunset Act is amended by
15repealing Section 4.31.
 
16    Section 15. The Renewable Energy, Energy Efficiency, and
17Coal Resources Development Law of 1997 is amended by changing
18Section 6-7 as follows:
 
19    (20 ILCS 687/6-7)
20    (Section scheduled to be repealed on December 31, 2020)
21    Sec. 6-7. Repeal. The provisions of this Law are repealed
22on December 31, 2021 2020.
23(Source: P.A. 99-489, eff. 12-4-15.)
 

 

 

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1    Section 20. The Illinois Power Agency Act is amended by
2changing Section 1-130 as follows:
 
3    (20 ILCS 3855/1-130)
4    (Section scheduled to be repealed on January 1, 2021)
5    Sec. 1-130. Home rule preemption.
6    (a) The authorization to impose any new taxes or fees
7specifically related to the generation of electricity by, the
8capacity to generate electricity by, or the emissions into the
9atmosphere by electric generating facilities after the
10effective date of this Act is an exclusive power and function
11of the State. A home rule unit may not levy any new taxes or
12fees specifically related to the generation of electricity by,
13the capacity to generate electricity by, or the emissions into
14the atmosphere by electric generating facilities after the
15effective date of this Act. This Section is a denial and
16limitation on home rule powers and functions under subsection
17(g) of Section 6 of Article VII of the Illinois Constitution.
18    (b) This Section is repealed on January 1, 2022 2021.
19(Source: P.A. 100-1157, eff. 12-19-18.)
 
20    Section 25. The Emergency Telephone System Act is amended
21by changing Sections 3, 15.3, 15.3a, 15.6b, 30, and 99 as
22follows:
 

 

 

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1    (50 ILCS 750/3)  (from Ch. 134, par. 33)
2    (Section scheduled to be repealed on December 31, 2020)
3    Sec. 3. (a) By July 1, 2017, every local public agency
4shall be within the jurisdiction of a 9-1-1 system.
5    (b) By December 31, 2021 July 1, 2020, every 9-1-1 system
6in Illinois shall provide Next Generation 9-1-1 service.
7    (c) Nothing in this Act shall be construed to prohibit or
8discourage in any way the formation of multijurisdictional or
9regional systems, and any system established pursuant to this
10Act may include the territory of more than one public agency or
11may include a segment of the territory of a public agency.
12(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
13    (50 ILCS 750/15.3)  (from Ch. 134, par. 45.3)
14    (Section scheduled to be repealed on December 31, 2020)
15    Sec. 15.3. Local non-wireless surcharge.
16    (a) Except as provided in subsection (l) of this Section,
17the corporate authorities of any municipality or any county
18may, subject to the limitations of subsections (c), (d), and
19(h), and in addition to any tax levied pursuant to the
20Simplified Municipal Telecommunications Tax Act, impose a
21monthly surcharge on billed subscribers of network connection
22provided by telecommunication carriers engaged in the business
23of transmitting messages by means of electricity originating
24within the corporate limits of the municipality or county
25imposing the surcharge at a rate per network connection

 

 

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1determined in accordance with subsection (c), however the
2monthly surcharge shall not apply to a network connection
3provided for use with pay telephone services. Provided,
4however, that where multiple voice grade communications
5channels are connected between the subscriber's premises and a
6public switched network through private branch exchange (PBX)
7or centrex type service, a municipality imposing a surcharge at
8a rate per network connection, as determined in accordance with
9this Act, shall impose:
10        (i) in a municipality with a population of 500,000 or
11    less or in any county, 5 such surcharges per network
12    connection, as defined under Section 2 of this Act, for
13    both regular service and advanced service provisioned
14    trunk lines;
15        (ii) in a municipality with a population, prior to
16    March 1, 2010, of 500,000 or more, 5 surcharges per network
17    connection, as defined under Section 2 of this Act, for
18    both regular service and advanced service provisioned
19    trunk lines;
20        (iii) in a municipality with a population, as of March
21    1, 2010, of 500,000 or more, 5 surcharges per network
22    connection, as defined under Section 2 of this Act, for
23    regular service provisioned trunk lines, and 12 surcharges
24    per network connection, as defined under Section 2 of this
25    Act, for advanced service provisioned trunk lines, except
26    where an advanced service provisioned trunk line supports

 

 

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1    at least 2 but fewer than 23 simultaneous voice grade calls
2    ("VGC's"), a telecommunication carrier may elect to impose
3    fewer than 12 surcharges per trunk line as provided in
4    subsection (iv) of this Section; or
5        (iv) for an advanced service provisioned trunk line
6    connected between the subscriber's premises and the public
7    switched network through a P.B.X., where the advanced
8    service provisioned trunk line is capable of transporting
9    at least 2 but fewer than 23 simultaneous VGC's per trunk
10    line, the telecommunications carrier collecting the
11    surcharge may elect to impose surcharges in accordance with
12    the table provided in this Section, without limiting any
13    telecommunications carrier's obligations to otherwise keep
14    and maintain records. Any telecommunications carrier
15    electing to impose fewer than 12 surcharges per an advanced
16    service provisioned trunk line shall keep and maintain
17    records adequately to demonstrate the VGC capability of
18    each advanced service provisioned trunk line with fewer
19    than 12 surcharges imposed, provided that 12 surcharges
20    shall be imposed on an advanced service provisioned trunk
21    line regardless of the VGC capability where a
22    telecommunications carrier cannot demonstrate the VGC
23    capability of the advanced service provisioned trunk line.
 
24Facility VGC's 911 Surcharges
25Advanced service provisioned trunk line 18-23 12

 

 

 

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1Advanced service provisioned trunk line 12-17 10
2Advanced service provisioned trunk line 2-11 8
3    Subsections (i), (ii), (iii), and (iv) are not intended to
4make any change in the meaning of this Section, but are
5intended to remove possible ambiguity, thereby confirming the
6intent of paragraph (a) as it existed prior to and following
7the effective date of this amendatory Act of the 97th General
8Assembly.
9    For mobile telecommunications services, if a surcharge is
10imposed it shall be imposed based upon the municipality or
11county that encompasses the customer's place of primary use as
12defined in the Mobile Telecommunications Sourcing Conformity
13Act. A municipality may enter into an intergovernmental
14agreement with any county in which it is partially located,
15when the county has adopted an ordinance to impose a surcharge
16as provided in subsection (c), to include that portion of the
17municipality lying outside the county in that county's
18surcharge referendum. If the county's surcharge referendum is
19approved, the portion of the municipality identified in the
20intergovernmental agreement shall automatically be
21disconnected from the county in which it lies and connected to
22the county which approved the referendum for purposes of a
23surcharge on telecommunications carriers.
24    (b) For purposes of computing the surcharge imposed by
25subsection (a), the network connections to which the surcharge

 

 

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1shall apply shall be those in-service network connections,
2other than those network connections assigned to the
3municipality or county, where the service address for each such
4network connection or connections is located within the
5corporate limits of the municipality or county levying the
6surcharge. Except for mobile telecommunication services, the
7"service address" shall mean the location of the primary use of
8the network connection or connections. For mobile
9telecommunication services, "service address" means the
10customer's place of primary use as defined in the Mobile
11Telecommunications Sourcing Conformity Act.
12    (c) Upon the passage of an ordinance to impose a surcharge
13under this Section the clerk of the municipality or county
14shall certify the question of whether the surcharge may be
15imposed to the proper election authority who shall submit the
16public question to the electors of the municipality or county
17in accordance with the general election law; provided that such
18question shall not be submitted at a consolidated primary
19election. The public question shall be in substantially the
20following form:
21-------------------------------------------------------------
22    Shall the county (or city, village
23or incorporated town) of ..... impose          YES
24a surcharge of up to ... per month per
25network connection, which surcharge will
26be added to the monthly bill you receive   ------------------

 

 

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1for telephone or telecommunications
2charges, for the purpose of installing
3(or improving) a 9-1-1 Emergency               NO
4Telephone System?
5-------------------------------------------------------------
6    If a majority of the votes cast upon the public question
7are in favor thereof, the surcharge shall be imposed.
8    However, if a Joint Emergency Telephone System Board is to
9be created pursuant to an intergovernmental agreement under
10Section 15.4, the ordinance to impose the surcharge shall be
11subject to the approval of a majority of the total number of
12votes cast upon the public question by the electors of all of
13the municipalities or counties, or combination thereof, that
14are parties to the intergovernmental agreement.
15    The referendum requirement of this subsection (c) shall not
16apply to any municipality with a population over 500,000 or to
17any county in which a proposition as to whether a sophisticated
189-1-1 Emergency Telephone System should be installed in the
19county, at a cost not to exceed a specified monthly amount per
20network connection, has previously been approved by a majority
21of the electors of the county voting on the proposition at an
22election conducted before the effective date of this amendatory
23Act of 1987.
24    (d) A county may not impose a surcharge, unless requested
25by a municipality, in any incorporated area which has
26previously approved a surcharge as provided in subsection (c)

 

 

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1or in any incorporated area where the corporate authorities of
2the municipality have previously entered into a binding
3contract or letter of intent with a telecommunications carrier
4to provide sophisticated 9-1-1 service through municipal
5funds.
6    (e) A municipality or county may at any time by ordinance
7change the rate of the surcharge imposed under this Section if
8the new rate does not exceed the rate specified in the
9referendum held pursuant to subsection (c).
10    (f) The surcharge authorized by this Section shall be
11collected from the subscriber by the telecommunications
12carrier providing the subscriber the network connection as a
13separately stated item on the subscriber's bill.
14    (g) The amount of surcharge collected by the
15telecommunications carrier shall be paid to the particular
16municipality or county or Joint Emergency Telephone System
17Board not later than 30 days after the surcharge is collected,
18net of any network or other 9-1-1 or sophisticated 9-1-1 system
19charges then due the particular telecommunications carrier, as
20shown on an itemized bill. The telecommunications carrier
21collecting the surcharge shall also be entitled to deduct 3% of
22the gross amount of surcharge collected to reimburse the
23telecommunications carrier for the expense of accounting and
24collecting the surcharge.
25    (h) Except as expressly provided in subsection (a) of this
26Section, on or after the effective date of this amendatory Act

 

 

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1of the 98th General Assembly and until December 31, 2017, a
2municipality with a population of 500,000 or more shall not
3impose a monthly surcharge per network connection in excess of
4the highest monthly surcharge imposed as of January 1, 2014 by
5any county or municipality under subsection (c) of this
6Section. Beginning January 1, 2018 and until December 31, 2021
72020, a municipality with a population over 500,000 may not
8impose a monthly surcharge in excess of $5.00 per network
9connection. On or after January 1, 2022 2021, a municipality
10with a population over 500,000 may not impose a monthly
11surcharge in excess of $2.50 per network connection.
12    (i) Any municipality or county or joint emergency telephone
13system board that has imposed a surcharge pursuant to this
14Section prior to the effective date of this amendatory Act of
151990 shall hereafter impose the surcharge in accordance with
16subsection (b) of this Section.
17    (j) The corporate authorities of any municipality or county
18may issue, in accordance with Illinois law, bonds, notes or
19other obligations secured in whole or in part by the proceeds
20of the surcharge described in this Section. The State of
21Illinois pledges and agrees that it will not limit or alter the
22rights and powers vested in municipalities and counties by this
23Section to impose the surcharge so as to impair the terms of or
24affect the security for bonds, notes or other obligations
25secured in whole or in part with the proceeds of the surcharge
26described in this Section. The pledge and agreement set forth

 

 

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1in this Section survive the termination of the surcharge under
2subsection (l) by virtue of the replacement of the surcharge
3monies guaranteed under Section 20; the State of Illinois
4pledges and agrees that it will not limit or alter the rights
5vested in municipalities and counties to the surcharge
6replacement funds guaranteed under Section 20 so as to impair
7the terms of or affect the security for bonds, notes or other
8obligations secured in whole or in part with the proceeds of
9the surcharge described in this Section.
10    (k) Any surcharge collected by or imposed on a
11telecommunications carrier pursuant to this Section shall be
12held to be a special fund in trust for the municipality, county
13or Joint Emergency Telephone Board imposing the surcharge.
14Except for the 3% deduction provided in subsection (g) above,
15the special fund shall not be subject to the claims of
16creditors of the telecommunication carrier.
17    (l) Any surcharge imposed pursuant to this Section by a
18county or municipality, other than a municipality with a
19population in excess of 500,000, shall cease to be imposed on
20January 1, 2016.
21(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
 
22    (50 ILCS 750/15.3a)
23    (Section scheduled to be repealed on December 31, 2020)
24    Sec. 15.3a. Local wireless surcharge.
25    (a) Notwithstanding any other provision of this Act, a unit

 

 

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1of local government or emergency telephone system board
2providing wireless 9-1-1 service and imposing and collecting a
3wireless carrier surcharge prior to July 1, 1998 may continue
4its practices of imposing and collecting its wireless carrier
5surcharge, but, except as provided in subsection (b) of this
6Section, in no event shall that monthly surcharge exceed $2.50
7per commercial mobile radio service (CMRS) connection or
8in-service telephone number billed on a monthly basis. For
9mobile telecommunications services provided on and after
10August 1, 2002, any surcharge imposed shall be imposed based
11upon the municipality or county that encompasses the customer's
12place of primary use as defined in the Mobile
13Telecommunications Sourcing Conformity Act.
14    (b) Until December 31, 2017, the corporate authorities of a
15municipality with a population in excess of 500,000 on the
16effective date of this amendatory Act of the 99th General
17Assembly may by ordinance continue to impose and collect a
18monthly surcharge per commercial mobile radio service (CMRS)
19connection or in-service telephone number billed on a monthly
20basis that does not exceed the highest monthly surcharge
21imposed as of January 1, 2014 by any county or municipality
22under subsection (c) of Section 15.3 of this Act. Beginning
23January 1, 2018, and until December 31, 2021 2020, a
24municipality with a population in excess of 500,000 may by
25ordinance continue to impose and collect a monthly surcharge
26per commercial mobile radio service (CMRS) connection or

 

 

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1in-service telephone number billed on a monthly basis that does
2not exceed $5.00. On or after January 1, 2022 2021, the
3municipality may continue imposing and collecting its wireless
4carrier surcharge as provided in and subject to the limitations
5of subsection (a) of this Section.
6    (c) In addition to any other lawful purpose, a municipality
7with a population over 500,000 may use the moneys collected
8under this Section for any anti-terrorism or emergency
9preparedness measures, including, but not limited to,
10preparedness planning, providing local matching funds for
11federal or State grants, personnel training, and specialized
12equipment, including surveillance cameras, as needed to deal
13with natural and terrorist-inspired emergency situations or
14events.
15(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
16    (50 ILCS 750/15.6b)
17    (Section scheduled to be repealed on December 31, 2020)
18    Sec. 15.6b. Next Generation 9-1-1 service.
19    (a) The Administrator, with the advice and recommendation
20of the Statewide 9-1-1 Advisory Board, shall develop and
21implement a plan for a statewide Next Generation 9-1-1 network.
22The Next Generation 9-1-1 network must be an Internet
23protocol-based platform that at a minimum provides:
24        (1) improved 9-1-1 call delivery;
25        (2) enhanced interoperability;

 

 

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1        (3) increased ease of communication between 9-1-1
2    service providers, allowing immediate transfer of 9-1-1
3    calls, caller information, photos, and other data
4    statewide;
5        (4) a hosted solution with redundancy built in; and
6        (5) compliance with NENA Standards i3 Solution 08-003.
7    (b) By July 1, 2016, the Administrator, with the advice and
8recommendation of the Statewide 9-1-1 Advisory Board, shall
9design and issue a competitive request for a proposal to secure
10the services of a consultant to complete a feasibility study on
11the implementation of a statewide Next Generation 9-1-1 network
12in Illinois. By July 1, 2017, the consultant shall complete the
13feasibility study and make recommendations as to the
14appropriate procurement approach for developing a statewide
15Next Generation 9-1-1 network.
16    (c) Within 12 months of the final report from the
17consultant under subsection (b) of this Section, the Department
18shall procure and finalize a contract with a vendor certified
19under Section 13-900 of the Public Utilities Act to establish a
20statewide Next Generation 9-1-1 network. By July 1, 2021 2020,
21the vendor shall implement a Next Generation 9-1-1 network that
22allows 9-1-1 systems providing 9-1-1 service to Illinois
23residents to access the system utilizing their current
24infrastructure if it meets the standards adopted by the
25Department.
26(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 

 

 

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1    (50 ILCS 750/30)
2    (Section scheduled to be repealed on December 31, 2020)
3    Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
4    (a) A special fund in the State treasury known as the
5Wireless Service Emergency Fund shall be renamed the Statewide
69-1-1 Fund. Any appropriations made from the Wireless Service
7Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
8The Fund shall consist of the following:
9        (1) 9-1-1 wireless surcharges assessed under the
10    Wireless Emergency Telephone Safety Act.
11        (2) 9-1-1 surcharges assessed under Section 20 of this
12    Act.
13        (3) Prepaid wireless 9-1-1 surcharges assessed under
14    Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
15        (4) Any appropriations, grants, or gifts made to the
16    Fund.
17        (5) Any income from interest, premiums, gains, or other
18    earnings on moneys in the Fund.
19        (6) Money from any other source that is deposited in or
20    transferred to the Fund.
21    (b) Subject to appropriation and availability of funds, the
22Department shall distribute the 9-1-1 surcharges monthly as
23follows:
24        (1) From each surcharge collected and remitted under
25    Section 20 of this Act:

 

 

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1            (A) $0.013 shall be distributed monthly in equal
2        amounts to each County Emergency Telephone System
3        Board or qualified governmental entity in counties
4        with a population under 100,000 according to the most
5        recent census data which is authorized to serve as a
6        primary wireless 9-1-1 public safety answering point
7        for the county and to provide wireless 9-1-1 service as
8        prescribed by subsection (b) of Section 15.6a of this
9        Act, and which does provide such service.
10            (B) $0.033 shall be transferred by the Comptroller
11        at the direction of the Department to the Wireless
12        Carrier Reimbursement Fund until June 30, 2017; from
13        July 1, 2017 through June 30, 2018, $0.026 shall be
14        transferred; from July 1, 2018 through June 30, 2019,
15        $0.020 shall be transferred; from July 1, 2019, through
16        June 30, 2020, $0.013 shall be transferred; from July
17        1, 2020 through June 30, 2021, $0.007 will be
18        transferred; and after June 30, 2021, no transfer shall
19        be made to the Wireless Carrier Reimbursement Fund.
20            (C) Until December 31, 2017, $0.007 and on and
21        after January 1, 2018, $0.017 shall be used to cover
22        the Department's administrative costs.
23            (D) Beginning January 1, 2018, until June 30, 2020,
24        $0.12, and on and after July 1, 2020, $0.04 shall be
25        used to make monthly proportional grants to the
26        appropriate 9-1-1 Authority currently taking wireless

 

 

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1        9-1-1 based upon the United States Postal Zip Code of
2        the billing addresses of subscribers wireless
3        carriers.
4            (E) Until June 30, 2021 2020, $0.05 shall be used
5        by the Department for grants for NG9-1-1 expenses, with
6        priority given to 9-1-1 Authorities that provide 9-1-1
7        service within the territory of a Large Electing
8        Provider as defined in Section 13-406.1 of the Public
9        Utilities Act.
10            (F) On and after July 1, 2020, $0.13 shall be used
11        for the implementation of and continuing expenses for
12        the Statewide NG9-1-1 system.
13        (2) After disbursements under paragraph (1) of this
14    subsection (b), all remaining funds in the Statewide 9-1-1
15    Fund shall be disbursed in the following priority order:
16            (A) The Fund shall pay monthly to:
17                (i) the 9-1-1 Authorities that imposed
18            surcharges under Section 15.3 of this Act and were
19            required to report to the Illinois Commerce
20            Commission under Section 27 of the Wireless
21            Emergency Telephone Safety Act on October 1, 2014,
22            except a 9-1-1 Authority in a municipality with a
23            population in excess of 500,000, an amount equal to
24            the average monthly wireline and VoIP surcharge
25            revenue attributable to the most recent 12-month
26            period reported to the Department under that

 

 

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1            Section for the October 1, 2014 filing, subject to
2            the power of the Department to investigate the
3            amount reported and adjust the number by order
4            under Article X of the Public Utilities Act, so
5            that the monthly amount paid under this item
6            accurately reflects one-twelfth of the aggregate
7            wireline and VoIP surcharge revenue properly
8            attributable to the most recent 12-month period
9            reported to the Commission; or
10                (ii) county qualified governmental entities
11            that did not impose a surcharge under Section 15.3
12            as of December 31, 2015, and counties that did not
13            impose a surcharge as of June 30, 2015, an amount
14            equivalent to their population multiplied by .37
15            multiplied by the rate of $0.69; counties that are
16            not county qualified governmental entities and
17            that did not impose a surcharge as of December 31,
18            2015, shall not begin to receive the payment
19            provided for in this subsection until E9-1-1 and
20            wireless E9-1-1 services are provided within their
21            counties; or
22                (iii) counties without 9-1-1 service that had
23            a surcharge in place by December 31, 2015, an
24            amount equivalent to their population multiplied
25            by .37 multiplied by their surcharge rate as
26            established by the referendum.

 

 

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1            (B) All 9-1-1 network costs for systems outside of
2        municipalities with a population of at least 500,000
3        shall be paid by the Department directly to the
4        vendors.
5            (C) All expenses incurred by the Administrator and
6        the Statewide 9-1-1 Advisory Board and costs
7        associated with procurement under Section 15.6b
8        including requests for information and requests for
9        proposals.
10            (D) Funds may be held in reserve by the Statewide
11        9-1-1 Advisory Board and disbursed by the Department
12        for grants under Section 15.4b of this Act and for
13        NG9-1-1 expenses up to $12.5 million per year in State
14        fiscal years 2016 and 2017; up to $20 million in State
15        fiscal year 2018; up to $20.9 million in State fiscal
16        year 2019; up to $15.3 million in State fiscal year
17        2020; up to $16.2 million in State fiscal year 2021; up
18        to $23.1 million in State fiscal year 2022; and up to
19        $17.0 million per year for State fiscal year 2023 and
20        each year thereafter. The amount held in reserve in
21        State fiscal years 2018 and 2019 shall not be less than
22        $6.5 million. Disbursements under this subparagraph
23        (D) shall be prioritized as follows: (i) consolidation
24        grants prioritized under subsection (a) of Section
25        15.4b of this Act; (ii) NG9-1-1 expenses; and (iii)
26        consolidation grants under Section 15.4b of this Act

 

 

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1        for consolidation expenses incurred between January 1,
2        2010, and January 1, 2016.
3            (E) All remaining funds per remit month shall be
4        used to make monthly proportional grants to the
5        appropriate 9-1-1 Authority currently taking wireless
6        9-1-1 based upon the United States Postal Zip Code of
7        the billing addresses of subscribers of wireless
8        carriers.
9    (c) The moneys deposited into the Statewide 9-1-1 Fund
10under this Section shall not be subject to administrative
11charges or chargebacks unless otherwise authorized by this Act.
12    (d) Whenever two or more 9-1-1 Authorities consolidate, the
13resulting Joint Emergency Telephone System Board shall be
14entitled to the monthly payments that had theretofore been made
15to each consolidating 9-1-1 Authority. Any reserves held by any
16consolidating 9-1-1 Authority shall be transferred to the
17resulting Joint Emergency Telephone System Board. Whenever a
18county that has no 9-1-1 service as of January 1, 2016 enters
19into an agreement to consolidate to create or join a Joint
20Emergency Telephone System Board, the Joint Emergency
21Telephone System Board shall be entitled to the monthly
22payments that would have otherwise been paid to the county if
23it had provided 9-1-1 service.
24(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
25    (50 ILCS 750/99)

 

 

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1    (Section scheduled to be repealed on December 31, 2020)
2    Sec. 99. Repealer. This Act is repealed on December 31,
32021 2020.
4(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
 
5    Section 30. The Public Utilities Act is amended by changing
6Sections 13-1200, 21-401, and 21-1601 as follows:
 
7    (220 ILCS 5/13-1200)
8    (Section scheduled to be repealed on December 31, 2020)
9    Sec. 13-1200. Repealer. This Article is repealed December
1031, 2021 2020.
11(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
 
12    (220 ILCS 5/21-401)
13    (Section scheduled to be repealed on December 31, 2020)
14    Sec. 21-401. Applications.
15    (a)(1) A person or entity seeking to provide cable service
16or video service pursuant to this Article shall not use the
17public rights-of-way for the installation or construction of
18facilities for the provision of cable service or video service
19or offer cable service or video service until it has obtained a
20State-issued authorization to offer or provide cable or video
21service under this Section, except as provided for in item (2)
22of this subsection (a). All cable or video providers offering
23or providing service in this State shall have authorization

 

 

10100HB2174sam002- 23 -LRB101 07405 AMC 72281 a

1pursuant to either (i) the Cable and Video Competition Law of
22007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the
3Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section
45-1095 of the Counties Code (55 ILCS 5/5-1095).
5    (2) Nothing in this Section shall prohibit a local unit of
6government from granting a permit to a person or entity for the
7use of the public rights-of-way to install or construct
8facilities to provide cable service or video service, at its
9sole discretion. No unit of local government shall be liable
10for denial or delay of a permit prior to the issuance of a
11State-issued authorization.
12    (b) The application to the Commission for State-issued
13authorization shall contain a completed affidavit submitted by
14the applicant and signed by an officer or general partner of
15the applicant affirming all of the following:
16        (1) That the applicant has filed or will timely file
17    with the Federal Communications Commission all forms
18    required by that agency in advance of offering cable
19    service or video service in this State.
20        (2) That the applicant agrees to comply with all
21    applicable federal and State statutes and regulations.
22        (3) That the applicant agrees to comply with all
23    applicable local unit of government regulations.
24        (4) An exact description of the cable service or video
25    service area where the cable service or video service will
26    be offered during the term of the State-issued

 

 

10100HB2174sam002- 24 -LRB101 07405 AMC 72281 a

1    authorization. The service area shall be identified in
2    terms of either (i) exchanges, as that term is defined in
3    Section 13-206 of this Act; (ii) a collection of United
4    States Census Bureau Block numbers (13 digit); (iii) if the
5    area is smaller than the areas identified in either (i) or
6    (ii), by geographic information system digital boundaries
7    meeting or exceeding national map accuracy standards; or
8    (iv) local unit of government. The description shall
9    include the number of low-income households within the
10    service area or footprint. If an applicant is an incumbent
11    cable operator, the incumbent cable operator and any
12    successor-in-interest shall be obligated to provide access
13    to cable services or video services within any local units
14    of government at the same levels required by the local
15    franchising authorities for the local unit of government on
16    June 30, 2007 (the effective date of Public Act 95-9), and
17    its application shall provide a description of an area no
18    smaller than the service areas contained in its franchise
19    or franchises within the jurisdiction of the local unit of
20    government in which it seeks to offer cable or video
21    service.
22        (5) The location and telephone number of the
23    applicant's principal place of business within this State
24    and the names of the applicant's principal executive
25    officers who are responsible for communications concerning
26    the application and the services to be offered pursuant to

 

 

10100HB2174sam002- 25 -LRB101 07405 AMC 72281 a

1    the application, the applicant's legal name, and any name
2    or names under which the applicant does or will provide
3    cable services or video services in this State.
4        (6) A certification that the applicant has
5    concurrently delivered a copy of the application to all
6    local units of government that include all or any part of
7    the service area identified in item (4) of this subsection
8    (b) within such local unit of government's jurisdictional
9    boundaries.
10        (7) The expected date that cable service or video
11    service will be initially offered in the area identified in
12    item (4) of this subsection (b). In the event that a holder
13    does not offer cable services or video services within 3
14    months after the expected date, it shall amend its
15    application and update the expected date service will be
16    offered and explain the delay in offering cable services or
17    video services.
18        (8) For any entity that received State-issued
19    authorization prior to this amendatory Act of the 98th
20    General Assembly as a cable operator and that intends to
21    proceed as a cable operator under this Article, the entity
22    shall file a written affidavit with the Commission and
23    shall serve a copy of the affidavit with any local units of
24    government affected by the authorization within 30 days
25    after the effective date of this amendatory Act of the 98th
26    General Assembly stating that the holder will be providing

 

 

10100HB2174sam002- 26 -LRB101 07405 AMC 72281 a

1    cable service under the State-issued authorization.
2    The application shall include adequate assurance that the
3applicant possesses the financial, managerial, legal, and
4technical qualifications necessary to construct and operate
5the proposed system, to promptly repair any damage to the
6public right-of-way caused by the applicant, and to pay the
7cost of removal of its facilities. To accomplish these
8requirements, the applicant may, at the time the applicant
9seeks to use the public rights-of-way in that jurisdiction, be
10required by the State of Illinois or later be required by the
11local unit of government, or both, to post a bond, produce a
12certificate of insurance, or otherwise demonstrate its
13financial responsibility.
14    The application shall include the applicant's general
15standards related to customer service required by Section
1622-501 of this Act, which shall include, but not be limited to,
17installation, disconnection, service and repair obligations;
18appointment hours; employee ID requirements; customer service
19telephone numbers and hours; procedures for billing, charges,
20deposits, refunds, and credits; procedures for termination of
21service; notice of deletion of programming service and changes
22related to transmission of programming or changes or increases
23in rates; use and availability of parental control or lock-out
24devices; complaint procedures and procedures for bill dispute
25resolution and a description of the rights and remedies
26available to consumers if the holder does not materially meet

 

 

10100HB2174sam002- 27 -LRB101 07405 AMC 72281 a

1their customer service standards; and special services for
2customers with visual, hearing, or mobility disabilities.
3    (c)(1) The applicant may designate information that it
4submits in its application or subsequent reports as
5confidential or proprietary, provided that the applicant
6states the reasons the confidential designation is necessary.
7The Commission shall provide adequate protection for such
8information pursuant to Section 4-404 of this Act. If the
9Commission, a local unit of government, or any other party
10seeks public disclosure of information designated as
11confidential, the Commission shall consider the confidential
12designation in a proceeding under the Illinois Administrative
13Procedure Act, and the burden of proof to demonstrate that the
14designated information is confidential shall be upon the
15applicant. Designated information shall remain confidential
16pending the Commission's determination of whether the
17information is entitled to confidential treatment. Information
18designated as confidential shall be provided to local units of
19government for purposes of assessing compliance with this
20Article as permitted under a Protective Order issued by the
21Commission pursuant to the Commission's rules and to the
22Attorney General pursuant to Section 6.5 of the Attorney
23General Act (15 ILCS 205/6.5). Information designated as
24confidential under this Section or determined to be
25confidential upon Commission review shall only be disclosed
26pursuant to a valid and enforceable subpoena or court order or

 

 

10100HB2174sam002- 28 -LRB101 07405 AMC 72281 a

1as required by the Freedom of Information Act. Nothing herein
2shall delay the application approval timeframes set forth in
3this Article.
4    (2) Information regarding the location of video services
5that have been or are being offered to the public and aggregate
6information included in the reports required by this Article
7shall not be designated or treated as confidential.
8    (d)(1) The Commission shall post all applications it
9receives under this Article on its web site within 5 business
10days.
11    (2) The Commission shall notify an applicant for a cable
12service or video service authorization whether the applicant's
13application and affidavit are complete on or before the 15th
14business day after the applicant submits the application. If
15the application and affidavit are not complete, the Commission
16shall state in its notice all of the reasons the application or
17affidavit are incomplete, and the applicant shall resubmit a
18complete application. The Commission shall have 30 days after
19submission by the applicant of a complete application and
20affidavit to issue the service authorization. If the Commission
21does not notify the applicant regarding the completeness of the
22application and affidavit or issue the service authorization
23within the time periods required under this subsection, the
24application and affidavit shall be considered complete and the
25service authorization issued upon the expiration of the 30th
26day.

 

 

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1    (e) Any authorization issued by the Commission will expire
2on December 31, 2024 2023 and shall contain or include all of
3the following:
4        (1) A grant of authority, including an authorization
5    issued prior to this amendatory Act of the 98th General
6    Assembly, to provide cable service or video service in the
7    service area footprint as requested in the application,
8    subject to the provisions of this Article in existence on
9    the date the grant of authority was issued, and any
10    modifications to this Article enacted at any time prior to
11    the date in Section 21-1601 of this Act, and to the laws of
12    the State and the ordinances, rules, and regulations of the
13    local units of government.
14        (2) A grant of authority to use, occupy, and construct
15    facilities in the public rights-of-way for the delivery of
16    cable service or video service in the service area
17    footprint, subject to the laws, ordinances, rules, or
18    regulations of this State and local units of governments.
19        (3) A statement that the grant of authority is subject
20    to lawful operation of the cable service or video service
21    by the applicant, its affiliated entities, or its
22    successors-in-interest.
23    (e-5) The Commission shall notify a local unit of
24government within 3 business days of the grant of any
25authorization within a service area footprint if that
26authorization includes any part of the local unit of

 

 

10100HB2174sam002- 30 -LRB101 07405 AMC 72281 a

1government's jurisdictional boundaries and state whether the
2holder will be providing video service or cable service under
3the authorization.
4    (f) The authorization issued pursuant to this Section by
5the Commission may be transferred to any successor-in-interest
6to the applicant to which it is initially granted without
7further Commission action if the successor-in-interest (i)
8submits an application and the information required by
9subsection (b) of this Section for the successor-in-interest
10and (ii) is not in violation of this Article or of any federal,
11State, or local law, ordinance, rule, or regulation. A
12successor-in-interest shall file its application and notice of
13transfer with the Commission and the relevant local units of
14government no less than 15 business days prior to the
15completion of the transfer. The Commission is not required or
16authorized to act upon the notice of transfer; however, the
17transfer is not effective until the Commission approves the
18successor-in-interest's application. A local unit of
19government or the Attorney General may seek to bar a transfer
20of ownership by filing suit in a court of competent
21jurisdiction predicated on the existence of a material and
22continuing breach of this Article by the holder, a pattern of
23noncompliance with customer service standards by the potential
24successor-in-interest, or the insolvency of the potential
25successor-in-interest. If a transfer is made when there are
26violations of this Article or of any federal, State, or local

 

 

10100HB2174sam002- 31 -LRB101 07405 AMC 72281 a

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

 

 

10100HB2174sam002- 32 -LRB101 07405 AMC 72281 a

1proceedings, other than as provided in subsection (c), or has
2to promulgate rules or regulations. The Commission shall not
3have the authority to limit or expand the obligations and
4requirements provided in this Section or to regulate or control
5a person or entity to the extent that person or entity is
6providing cable service or video service, except as provided in
7this Article.
8(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
 
9    (220 ILCS 5/21-1601)
10    (Section scheduled to be repealed on December 31, 2020)
11    Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of
12this Article are repealed December 31, 2021 2020.
13(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
 
14    Section 35. The Mercury Thermostat Collection Act is
15amended by changing Section 55 as follows:
 
16    (415 ILCS 98/55)
17    (Section scheduled to be repealed on January 1, 2021)
18    Sec. 55. Repealer. This Act is repealed on January 1, 2022
192021.
20(Source: P.A. 96-1295, eff. 7-26-10.)
 
21    Section 40. The Transportation Network Providers Act is
22amended by changing Section 34 as follows:
 

 

 

10100HB2174sam002- 33 -LRB101 07405 AMC 72281 a

1    (625 ILCS 57/34)
2    (Section scheduled to be repealed on June 1, 2020)
3    Sec. 34. Repeal. This Act is repealed on June 1, 2021 2020.
4(Source: P.A. 99-56, eff. 7-16-15.)
 
5    Section 45. The Mechanics Lien Act is amended by changing
6Section 6 as follows:
 
7    (770 ILCS 60/6)  (from Ch. 82, par. 6)
8    Sec. 6. In no event shall it be necessary to fix or
9stipulate in any contract a time for the completion or a time
10for payment in order to obtain a lien under this Act, provided,
11that the work is done or material furnished within three years
12from the commencement of said work or the commencement of
13furnishing said material in the case of work done or material
14furnished as to residential property; and within 5 years from
15the commencement of said work or the commencement of furnishing
16said material in the case of work done or material furnished as
17to any other type of property. The changes made by Public Act
1897-966 are operative from January 1, 2013 through December 31,
192021 2020.
20(Source: P.A. 99-852, eff. 8-19-16.)
 
21    Section 50. "An Act concerning employment", approved
22August 9, 2019 (Public Act 101-221), is amended by changing

 

 

10100HB2174sam002- 34 -LRB101 07405 AMC 72281 a

1Section 99-99 as follows:
 
2    (P.A. 101-221, Sec. 99-99)
3    Sec. 99-99. Effective date. This Act takes effect January
41, 2020, except that: (i) Article 5 takes effect March 1, 2021
5July 1, 2020; and (ii) Article 6 and this Article take effect
6upon becoming law.
7(Source: P.A. 101-221.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".