Public Act 101-0639
 
HB2174 EnrolledLRB101 07405 SMS 52445 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Regulatory Sunset Act is amended by changing
Section 4.32 as follows:
 
    (5 ILCS 80/4.32)
    Sec. 4.32. Acts repealed on January 1, 2022. The following
Acts are repealed on January 1, 2022:
    The Boxing and Full-contact Martial Arts Act.
    The Cemetery Oversight Act.
    The Collateral Recovery Act.
    The Community Association Manager Licensing and
Disciplinary Act.
    The Crematory Regulation Act.
    The Detection of Deception Examiners Act.
    The Home Inspector License Act.
    The Illinois Health Information Exchange and Technology
Act.
    The Medical Practice Act of 1987.
    The Registered Interior Designers Act.
    The Massage Licensing Act.
    The Petroleum Equipment Contractors Licensing Act.
    The Radiation Protection Act of 1990.
    The Real Estate Appraiser Licensing Act of 2002.
    The Water Well and Pump Installation Contractor's License
Act.
(Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19;
101-614, eff. 12-20-19.)
 
    (5 ILCS 80/4.31 rep.)
    Section 10. The Regulatory Sunset Act is amended by
repealing Section 4.31.
 
    Section 15. The Renewable Energy, Energy Efficiency, and
Coal Resources Development Law of 1997 is amended by changing
Section 6-7 as follows:
 
    (20 ILCS 687/6-7)
    (Section scheduled to be repealed on December 31, 2020)
    Sec. 6-7. Repeal. The provisions of this Law are repealed
on December 31, 2021 2020.
(Source: P.A. 99-489, eff. 12-4-15.)
 
    Section 20. The Illinois Power Agency Act is amended by
changing Section 1-130 as follows:
 
    (20 ILCS 3855/1-130)
    (Section scheduled to be repealed on January 1, 2021)
    Sec. 1-130. Home rule preemption.
    (a) The authorization to impose any new taxes or fees
specifically related to the generation of electricity by, the
capacity to generate electricity by, or the emissions into the
atmosphere by electric generating facilities after the
effective date of this Act is an exclusive power and function
of the State. A home rule unit may not levy any new taxes or
fees specifically related to the generation of electricity by,
the capacity to generate electricity by, or the emissions into
the atmosphere by electric generating facilities after the
effective date of this Act. This Section is a denial and
limitation on home rule powers and functions under subsection
(g) of Section 6 of Article VII of the Illinois Constitution.
    (b) This Section is repealed on January 1, 2022 2021.
(Source: P.A. 100-1157, eff. 12-19-18.)
 
    Section 25. The Emergency Telephone System Act is amended
by changing Sections 3, 15.3, 15.3a, 15.6b, 30, and 99 as
follows:
 
    (50 ILCS 750/3)  (from Ch. 134, par. 33)
    (Section scheduled to be repealed on December 31, 2020)
    Sec. 3. (a) By July 1, 2017, every local public agency
shall be within the jurisdiction of a 9-1-1 system.
    (b) By December 31, 2021 July 1, 2020, every 9-1-1 system
in Illinois shall provide Next Generation 9-1-1 service.
    (c) Nothing in this Act shall be construed to prohibit or
discourage in any way the formation of multijurisdictional or
regional systems, and any system established pursuant to this
Act may include the territory of more than one public agency or
may include a segment of the territory of a public agency.
(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
    (50 ILCS 750/15.3)  (from Ch. 134, par. 45.3)
    (Section scheduled to be repealed on December 31, 2020)
    Sec. 15.3. Local non-wireless surcharge.
    (a) Except as provided in subsection (l) of this Section,
the corporate authorities of any municipality or any county
may, subject to the limitations of subsections (c), (d), and
(h), and in addition to any tax levied pursuant to the
Simplified Municipal Telecommunications Tax Act, impose a
monthly surcharge on billed subscribers of network connection
provided by telecommunication carriers engaged in the business
of transmitting messages by means of electricity originating
within the corporate limits of the municipality or county
imposing the surcharge at a rate per network connection
determined in accordance with subsection (c), however the
monthly surcharge shall not apply to a network connection
provided for use with pay telephone services. Provided,
however, that where multiple voice grade communications
channels are connected between the subscriber's premises and a
public switched network through private branch exchange (PBX)
or centrex type service, a municipality imposing a surcharge at
a rate per network connection, as determined in accordance with
this Act, shall impose:
        (i) in a municipality with a population of 500,000 or
    less or in any county, 5 such surcharges per network
    connection, as defined under Section 2 of this Act, for
    both regular service and advanced service provisioned
    trunk lines;
        (ii) in a municipality with a population, prior to
    March 1, 2010, of 500,000 or more, 5 surcharges per network
    connection, as defined under Section 2 of this Act, for
    both regular service and advanced service provisioned
    trunk lines;
        (iii) in a municipality with a population, as of March
    1, 2010, of 500,000 or more, 5 surcharges per network
    connection, as defined under Section 2 of this Act, for
    regular service provisioned trunk lines, and 12 surcharges
    per network connection, as defined under Section 2 of this
    Act, for advanced service provisioned trunk lines, except
    where an advanced service provisioned trunk line supports
    at least 2 but fewer than 23 simultaneous voice grade calls
    ("VGC's"), a telecommunication carrier may elect to impose
    fewer than 12 surcharges per trunk line as provided in
    subsection (iv) of this Section; or
        (iv) for an advanced service provisioned trunk line
    connected between the subscriber's premises and the public
    switched network through a P.B.X., where the advanced

 
    service provisioned trunk line is capable of transporting
    at least 2 but fewer than 23 simultaneous VGC's per trunk
    line, the telecommunications carrier collecting the
    surcharge may elect to impose surcharges in accordance with
    the table provided in this Section, without limiting any
    telecommunications carrier's obligations to otherwise keep
    and maintain records. Any telecommunications carrier
    electing to impose fewer than 12 surcharges per an advanced
    service provisioned trunk line shall keep and maintain
    records adequately to demonstrate the VGC capability of
    each advanced service provisioned trunk line with fewer
    than 12 surcharges imposed, provided that 12 surcharges
    shall be imposed on an advanced service provisioned trunk
    line regardless of the VGC capability where a
    telecommunications carrier cannot demonstrate the VGC
    capability of the advanced service provisioned trunk line.
 
Facility VGC's 911 Surcharges
Advanced service provisioned trunk line 18-23 12
Advanced service provisioned trunk line 12-17 10
Advanced service provisioned trunk line 2-11 8
    Subsections (i), (ii), (iii), and (iv) are not intended to
make any change in the meaning of this Section, but are
intended to remove possible ambiguity, thereby confirming the
intent of paragraph (a) as it existed prior to and following
the effective date of this amendatory Act of the 97th General
Assembly.
    For mobile telecommunications services, if a surcharge is
imposed it shall be imposed based upon the municipality or
county that encompasses the customer's place of primary use as
defined in the Mobile Telecommunications Sourcing Conformity
Act. A municipality may enter into an intergovernmental
agreement with any county in which it is partially located,
when the county has adopted an ordinance to impose a surcharge
as provided in subsection (c), to include that portion of the
municipality lying outside the county in that county's
surcharge referendum. If the county's surcharge referendum is
approved, the portion of the municipality identified in the
intergovernmental agreement shall automatically be
disconnected from the county in which it lies and connected to
the county which approved the referendum for purposes of a
surcharge on telecommunications carriers.
    (b) For purposes of computing the surcharge imposed by
subsection (a), the network connections to which the surcharge
shall apply shall be those in-service network connections,
other than those network connections assigned to the
municipality or county, where the service address for each such
network connection or connections is located within the
corporate limits of the municipality or county levying the
surcharge. Except for mobile telecommunication services, the
"service address" shall mean the location of the primary use of
the network connection or connections. For mobile
telecommunication services, "service address" means the
customer's place of primary use as defined in the Mobile
Telecommunications Sourcing Conformity Act.
    (c) Upon the passage of an ordinance to impose a surcharge
under this Section the clerk of the municipality or county
shall certify the question of whether the surcharge may be
imposed to the proper election authority who shall submit the
public question to the electors of the municipality or county
in accordance with the general election law; provided that such
question shall not be submitted at a consolidated primary
election. The public question shall be in substantially the
following form:
-------------------------------------------------------------
    Shall the county (or city, village
or incorporated town) of ..... impose          YES
a surcharge of up to ... per month per
network connection, which surcharge will
be added to the monthly bill you receive   ------------------
for telephone or telecommunications
charges, for the purpose of installing
(or improving) a 9-1-1 Emergency               NO
Telephone System?
-------------------------------------------------------------
    If a majority of the votes cast upon the public question
are in favor thereof, the surcharge shall be imposed.
    However, if a Joint Emergency Telephone System Board is to
be created pursuant to an intergovernmental agreement under
Section 15.4, the ordinance to impose the surcharge shall be
subject to the approval of a majority of the total number of
votes cast upon the public question by the electors of all of
the municipalities or counties, or combination thereof, that
are parties to the intergovernmental agreement.
    The referendum requirement of this subsection (c) shall not
apply to any municipality with a population over 500,000 or to
any county in which a proposition as to whether a sophisticated
9-1-1 Emergency Telephone System should be installed in the
county, at a cost not to exceed a specified monthly amount per
network connection, has previously been approved by a majority
of the electors of the county voting on the proposition at an
election conducted before the effective date of this amendatory
Act of 1987.
    (d) A county may not impose a surcharge, unless requested
by a municipality, in any incorporated area which has
previously approved a surcharge as provided in subsection (c)
or in any incorporated area where the corporate authorities of
the municipality have previously entered into a binding
contract or letter of intent with a telecommunications carrier
to provide sophisticated 9-1-1 service through municipal
funds.
    (e) A municipality or county may at any time by ordinance
change the rate of the surcharge imposed under this Section if
the new rate does not exceed the rate specified in the
referendum held pursuant to subsection (c).
    (f) The surcharge authorized by this Section shall be
collected from the subscriber by the telecommunications
carrier providing the subscriber the network connection as a
separately stated item on the subscriber's bill.
    (g) The amount of surcharge collected by the
telecommunications carrier shall be paid to the particular
municipality or county or Joint Emergency Telephone System
Board not later than 30 days after the surcharge is collected,
net of any network or other 9-1-1 or sophisticated 9-1-1 system
charges then due the particular telecommunications carrier, as
shown on an itemized bill. The telecommunications carrier
collecting the surcharge shall also be entitled to deduct 3% of
the gross amount of surcharge collected to reimburse the
telecommunications carrier for the expense of accounting and
collecting the surcharge.
    (h) Except as expressly provided in subsection (a) of this
Section, on or after the effective date of this amendatory Act
of the 98th General Assembly and until December 31, 2017, a
municipality with a population of 500,000 or more shall not
impose a monthly surcharge per network connection in excess of
the highest monthly surcharge imposed as of January 1, 2014 by
any county or municipality under subsection (c) of this
Section. Beginning January 1, 2018 and until December 31, 2021
2020, a municipality with a population over 500,000 may not
impose a monthly surcharge in excess of $5.00 per network
connection. On or after January 1, 2022 2021, a municipality
with a population over 500,000 may not impose a monthly
surcharge in excess of $2.50 per network connection.
    (i) Any municipality or county or joint emergency telephone
system board that has imposed a surcharge pursuant to this
Section prior to the effective date of this amendatory Act of
1990 shall hereafter impose the surcharge in accordance with
subsection (b) of this Section.
    (j) The corporate authorities of any municipality or county
may issue, in accordance with Illinois law, bonds, notes or
other obligations secured in whole or in part by the proceeds
of the surcharge described in this Section. The State of
Illinois pledges and agrees that it will not limit or alter the
rights and powers vested in municipalities and counties by this
Section to impose the surcharge so as to impair the terms of or
affect the security for bonds, notes or other obligations
secured in whole or in part with the proceeds of the surcharge
described in this Section. The pledge and agreement set forth
in this Section survive the termination of the surcharge under
subsection (l) by virtue of the replacement of the surcharge
monies guaranteed under Section 20; the State of Illinois
pledges and agrees that it will not limit or alter the rights
vested in municipalities and counties to the surcharge
replacement funds guaranteed under Section 20 so as to impair
the terms of or affect the security for bonds, notes or other
obligations secured in whole or in part with the proceeds of
the surcharge described in this Section.
    (k) Any surcharge collected by or imposed on a
telecommunications carrier pursuant to this Section shall be
held to be a special fund in trust for the municipality, county
or Joint Emergency Telephone Board imposing the surcharge.
Except for the 3% deduction provided in subsection (g) above,
the special fund shall not be subject to the claims of
creditors of the telecommunication carrier.
    (l) Any surcharge imposed pursuant to this Section by a
county or municipality, other than a municipality with a
population in excess of 500,000, shall cease to be imposed on
January 1, 2016.
(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
 
    (50 ILCS 750/15.3a)
    (Section scheduled to be repealed on December 31, 2020)
    Sec. 15.3a. Local wireless surcharge.
    (a) Notwithstanding any other provision of this Act, a unit
of local government or emergency telephone system board
providing wireless 9-1-1 service and imposing and collecting a
wireless carrier surcharge prior to July 1, 1998 may continue
its practices of imposing and collecting its wireless carrier
surcharge, but, except as provided in subsection (b) of this
Section, in no event shall that monthly surcharge exceed $2.50
per commercial mobile radio service (CMRS) connection or
in-service telephone number billed on a monthly basis. For
mobile telecommunications services provided on and after
August 1, 2002, any surcharge imposed shall be imposed based
upon the municipality or county that encompasses the customer's
place of primary use as defined in the Mobile
Telecommunications Sourcing Conformity Act.
    (b) Until December 31, 2017, the corporate authorities of a
municipality with a population in excess of 500,000 on the
effective date of this amendatory Act of the 99th General
Assembly may by ordinance continue to impose and collect a
monthly surcharge per commercial mobile radio service (CMRS)
connection or in-service telephone number billed on a monthly
basis that does not exceed the highest monthly surcharge
imposed as of January 1, 2014 by any county or municipality
under subsection (c) of Section 15.3 of this Act. Beginning
January 1, 2018, and until December 31, 2021 2020, a
municipality with a population in excess of 500,000 may by
ordinance continue to impose and collect a monthly surcharge
per commercial mobile radio service (CMRS) connection or
in-service telephone number billed on a monthly basis that does
not exceed $5.00. On or after January 1, 2022 2021, the
municipality may continue imposing and collecting its wireless
carrier surcharge as provided in and subject to the limitations
of subsection (a) of this Section.
    (c) In addition to any other lawful purpose, a municipality
with a population over 500,000 may use the moneys collected
under this Section for any anti-terrorism or emergency
preparedness measures, including, but not limited to,
preparedness planning, providing local matching funds for
federal or State grants, personnel training, and specialized
equipment, including surveillance cameras, as needed to deal
with natural and terrorist-inspired emergency situations or
events.
(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
    (50 ILCS 750/15.6b)
    (Section scheduled to be repealed on December 31, 2020)
    Sec. 15.6b. Next Generation 9-1-1 service.
    (a) The Administrator, with the advice and recommendation
of the Statewide 9-1-1 Advisory Board, shall develop and
implement a plan for a statewide Next Generation 9-1-1 network.
The Next Generation 9-1-1 network must be an Internet
protocol-based platform that at a minimum provides:
        (1) improved 9-1-1 call delivery;
        (2) enhanced interoperability;
        (3) increased ease of communication between 9-1-1
    service providers, allowing immediate transfer of 9-1-1
    calls, caller information, photos, and other data
    statewide;
        (4) a hosted solution with redundancy built in; and
        (5) compliance with NENA Standards i3 Solution 08-003.
    (b) By July 1, 2016, the Administrator, with the advice and
recommendation of the Statewide 9-1-1 Advisory Board, shall
design and issue a competitive request for a proposal to secure
the services of a consultant to complete a feasibility study on
the implementation of a statewide Next Generation 9-1-1 network
in Illinois. By July 1, 2017, the consultant shall complete the
feasibility study and make recommendations as to the
appropriate procurement approach for developing a statewide
Next Generation 9-1-1 network.
    (c) Within 12 months of the final report from the
consultant under subsection (b) of this Section, the Department
shall procure and finalize a contract with a vendor certified
under Section 13-900 of the Public Utilities Act to establish a
statewide Next Generation 9-1-1 network. By July 1, 2021 2020,
the vendor shall implement a Next Generation 9-1-1 network that
allows 9-1-1 systems providing 9-1-1 service to Illinois
residents to access the system utilizing their current
infrastructure if it meets the standards adopted by the
Department.
(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
    (50 ILCS 750/30)
    (Section scheduled to be repealed on December 31, 2020)
    Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
    (a) A special fund in the State treasury known as the
Wireless Service Emergency Fund shall be renamed the Statewide
9-1-1 Fund. Any appropriations made from the Wireless Service
Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
The Fund shall consist of the following:
        (1) 9-1-1 wireless surcharges assessed under the
    Wireless Emergency Telephone Safety Act.
        (2) 9-1-1 surcharges assessed under Section 20 of this
    Act.
        (3) Prepaid wireless 9-1-1 surcharges assessed under
    Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
        (4) Any appropriations, grants, or gifts made to the
    Fund.
        (5) Any income from interest, premiums, gains, or other
    earnings on moneys in the Fund.
        (6) Money from any other source that is deposited in or
    transferred to the Fund.
    (b) Subject to appropriation and availability of funds, the
Department shall distribute the 9-1-1 surcharges monthly as
follows:
        (1) From each surcharge collected and remitted under
    Section 20 of this Act:
            (A) $0.013 shall be distributed monthly in equal
        amounts to each County Emergency Telephone System
        Board or qualified governmental entity in counties
        with a population under 100,000 according to the most
        recent census data which is authorized to serve as a
        primary wireless 9-1-1 public safety answering point
        for the county and to provide wireless 9-1-1 service as
        prescribed by subsection (b) of Section 15.6a of this
        Act, and which does provide such service.
            (B) $0.033 shall be transferred by the Comptroller
        at the direction of the Department to the Wireless
        Carrier Reimbursement Fund until June 30, 2017; from
        July 1, 2017 through June 30, 2018, $0.026 shall be
        transferred; from July 1, 2018 through June 30, 2019,
        $0.020 shall be transferred; from July 1, 2019, through
        June 30, 2020, $0.013 shall be transferred; from July
        1, 2020 through June 30, 2021, $0.007 will be
        transferred; and after June 30, 2021, no transfer shall
        be made to the Wireless Carrier Reimbursement Fund.
            (C) Until December 31, 2017, $0.007 and on and
        after January 1, 2018, $0.017 shall be used to cover
        the Department's administrative costs.
            (D) Beginning January 1, 2018, until June 30, 2020,
        $0.12, and on and after July 1, 2020, $0.04 shall be
        used to make monthly proportional grants to the
        appropriate 9-1-1 Authority currently taking wireless
        9-1-1 based upon the United States Postal Zip Code of
        the billing addresses of subscribers wireless
        carriers.
            (E) Until June 30, 2021 2020, $0.05 shall be used
        by the Department for grants for NG9-1-1 expenses, with
        priority given to 9-1-1 Authorities that provide 9-1-1
        service within the territory of a Large Electing
        Provider as defined in Section 13-406.1 of the Public
        Utilities Act.
            (F) On and after July 1, 2020, $0.13 shall be used
        for the implementation of and continuing expenses for
        the Statewide NG9-1-1 system.
        (2) After disbursements under paragraph (1) of this
    subsection (b), all remaining funds in the Statewide 9-1-1
    Fund shall be disbursed in the following priority order:
            (A) The Fund shall pay monthly to:
                (i) the 9-1-1 Authorities that imposed
            surcharges under Section 15.3 of this Act and were
            required to report to the Illinois Commerce
            Commission under Section 27 of the Wireless
            Emergency Telephone Safety Act on October 1, 2014,
            except a 9-1-1 Authority in a municipality with a
            population in excess of 500,000, an amount equal to
            the average monthly wireline and VoIP surcharge
            revenue attributable to the most recent 12-month
            period reported to the Department under that
            Section for the October 1, 2014 filing, subject to
            the power of the Department to investigate the
            amount reported and adjust the number by order
            under Article X of the Public Utilities Act, so
            that the monthly amount paid under this item
            accurately reflects one-twelfth of the aggregate
            wireline and VoIP surcharge revenue properly
            attributable to the most recent 12-month period
            reported to the Commission; or
                (ii) county qualified governmental entities
            that did not impose a surcharge under Section 15.3
            as of December 31, 2015, and counties that did not
            impose a surcharge as of June 30, 2015, an amount
            equivalent to their population multiplied by .37
            multiplied by the rate of $0.69; counties that are
            not county qualified governmental entities and
            that did not impose a surcharge as of December 31,
            2015, shall not begin to receive the payment
            provided for in this subsection until E9-1-1 and
            wireless E9-1-1 services are provided within their
            counties; or
                (iii) counties without 9-1-1 service that had
            a surcharge in place by December 31, 2015, an
            amount equivalent to their population multiplied
            by .37 multiplied by their surcharge rate as
            established by the referendum.
            (B) All 9-1-1 network costs for systems outside of
        municipalities with a population of at least 500,000
        shall be paid by the Department directly to the
        vendors.
            (C) All expenses incurred by the Administrator and
        the Statewide 9-1-1 Advisory Board and costs
        associated with procurement under Section 15.6b
        including requests for information and requests for
        proposals.
            (D) Funds may be held in reserve by the Statewide
        9-1-1 Advisory Board and disbursed by the Department
        for grants under Section 15.4b of this Act and for
        NG9-1-1 expenses up to $12.5 million per year in State
        fiscal years 2016 and 2017; up to $20 million in State
        fiscal year 2018; up to $20.9 million in State fiscal
        year 2019; up to $15.3 million in State fiscal year
        2020; up to $16.2 million in State fiscal year 2021; up
        to $23.1 million in State fiscal year 2022; and up to
        $17.0 million per year for State fiscal year 2023 and
        each year thereafter. The amount held in reserve in
        State fiscal years 2018 and 2019 shall not be less than
        $6.5 million. Disbursements under this subparagraph
        (D) shall be prioritized as follows: (i) consolidation
        grants prioritized under subsection (a) of Section
        15.4b of this Act; (ii) NG9-1-1 expenses; and (iii)
        consolidation grants under Section 15.4b of this Act
        for consolidation expenses incurred between January 1,
        2010, and January 1, 2016.
            (E) All remaining funds per remit month shall be
        used to make monthly proportional grants to the
        appropriate 9-1-1 Authority currently taking wireless
        9-1-1 based upon the United States Postal Zip Code of
        the billing addresses of subscribers of wireless
        carriers.
    (c) The moneys deposited into the Statewide 9-1-1 Fund
under this Section shall not be subject to administrative
charges or chargebacks unless otherwise authorized by this Act.
    (d) Whenever two or more 9-1-1 Authorities consolidate, the
resulting Joint Emergency Telephone System Board shall be
entitled to the monthly payments that had theretofore been made
to each consolidating 9-1-1 Authority. Any reserves held by any
consolidating 9-1-1 Authority shall be transferred to the
resulting Joint Emergency Telephone System Board. Whenever a
county that has no 9-1-1 service as of January 1, 2016 enters
into an agreement to consolidate to create or join a Joint
Emergency Telephone System Board, the Joint Emergency
Telephone System Board shall be entitled to the monthly
payments that would have otherwise been paid to the county if
it had provided 9-1-1 service.
(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
    (50 ILCS 750/99)
    (Section scheduled to be repealed on December 31, 2020)
    Sec. 99. Repealer. This Act is repealed on December 31,
2021 2020.
(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
 
    Section 30. The Public Utilities Act is amended by changing
Sections 13-1200, 21-401, and 21-1601 as follows:
 
    (220 ILCS 5/13-1200)
    (Section scheduled to be repealed on December 31, 2020)
    Sec. 13-1200. Repealer. This Article is repealed December
31, 2021 2020.
(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
 
    (220 ILCS 5/21-401)
    (Section scheduled to be repealed on December 31, 2020)
    Sec. 21-401. Applications.
    (a)(1) A person or entity seeking to provide cable service
or video service pursuant to this Article shall not use the
public rights-of-way for the installation or construction of
facilities for the provision of cable service or video service
or offer cable service or video service until it has obtained a
State-issued authorization to offer or provide cable or video
service under this Section, except as provided for in item (2)
of this subsection (a). All cable or video providers offering
or providing service in this State shall have authorization
pursuant to either (i) the Cable and Video Competition Law of
2007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the
Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section
5-1095 of the Counties Code (55 ILCS 5/5-1095).
    (2) Nothing in this Section shall prohibit a local unit of
government from granting a permit to a person or entity for the
use of the public rights-of-way to install or construct
facilities to provide cable service or video service, at its
sole discretion. No unit of local government shall be liable
for denial or delay of a permit prior to the issuance of a
State-issued authorization.
    (b) The application to the Commission for State-issued
authorization shall contain a completed affidavit submitted by
the applicant and signed by an officer or general partner of
the applicant affirming all of the following:
        (1) That the applicant has filed or will timely file
    with the Federal Communications Commission all forms
    required by that agency in advance of offering cable
    service or video service in this State.
        (2) That the applicant agrees to comply with all
    applicable federal and State statutes and regulations.
        (3) That the applicant agrees to comply with all
    applicable local unit of government regulations.
        (4) An exact description of the cable service or video
    service area where the cable service or video service will
    be offered during the term of the State-issued
    authorization. The service area shall be identified in
    terms of either (i) exchanges, as that term is defined in
    Section 13-206 of this Act; (ii) a collection of United
    States Census Bureau Block numbers (13 digit); (iii) if the
    area is smaller than the areas identified in either (i) or
    (ii), by geographic information system digital boundaries
    meeting or exceeding national map accuracy standards; or
    (iv) local unit of government. The description shall
    include the number of low-income households within the
    service area or footprint. If an applicant is an incumbent
    cable operator, the incumbent cable operator and any
    successor-in-interest shall be obligated to provide access
    to cable services or video services within any local units
    of government at the same levels required by the local
    franchising authorities for the local unit of government on
    June 30, 2007 (the effective date of Public Act 95-9), and
    its application shall provide a description of an area no
    smaller than the service areas contained in its franchise
    or franchises within the jurisdiction of the local unit of
    government in which it seeks to offer cable or video
    service.
        (5) The location and telephone number of the
    applicant's principal place of business within this State
    and the names of the applicant's principal executive
    officers who are responsible for communications concerning
    the application and the services to be offered pursuant to
    the application, the applicant's legal name, and any name
    or names under which the applicant does or will provide
    cable services or video services in this State.
        (6) A certification that the applicant has
    concurrently delivered a copy of the application to all
    local units of government that include all or any part of
    the service area identified in item (4) of this subsection
    (b) within such local unit of government's jurisdictional
    boundaries.
        (7) The expected date that cable service or video
    service will be initially offered in the area identified in
    item (4) of this subsection (b). In the event that a holder
    does not offer cable services or video services within 3
    months after the expected date, it shall amend its
    application and update the expected date service will be
    offered and explain the delay in offering cable services or
    video services.
        (8) For any entity that received State-issued
    authorization prior to this amendatory Act of the 98th
    General Assembly as a cable operator and that intends to
    proceed as a cable operator under this Article, the entity
    shall file a written affidavit with the Commission and
    shall serve a copy of the affidavit with any local units of
    government affected by the authorization within 30 days
    after the effective date of this amendatory Act of the 98th
    General Assembly stating that the holder will be providing
    cable service under the State-issued authorization.
    The application shall include adequate assurance that the
applicant possesses the financial, managerial, legal, and
technical qualifications necessary to construct and operate
the proposed system, to promptly repair any damage to the
public right-of-way caused by the applicant, and to pay the
cost of removal of its facilities. To accomplish these
requirements, the applicant may, at the time the applicant
seeks to use the public rights-of-way in that jurisdiction, be
required by the State of Illinois or later be required by the
local unit of government, or both, to post a bond, produce a
certificate of insurance, or otherwise demonstrate its
financial responsibility.
    The application shall include the applicant's general
standards related to customer service required by Section
22-501 of this Act, which shall include, but not be limited to,
installation, disconnection, service and repair obligations;
appointment hours; employee ID requirements; customer service
telephone numbers and hours; procedures for billing, charges,
deposits, refunds, and credits; procedures for termination of
service; notice of deletion of programming service and changes
related to transmission of programming or changes or increases
in rates; use and availability of parental control or lock-out
devices; complaint procedures and procedures for bill dispute
resolution and a description of the rights and remedies
available to consumers if the holder does not materially meet
their customer service standards; and special services for
customers with visual, hearing, or mobility disabilities.
    (c)(1) The applicant may designate information that it
submits in its application or subsequent reports as
confidential or proprietary, provided that the applicant
states the reasons the confidential designation is necessary.
The Commission shall provide adequate protection for such
information pursuant to Section 4-404 of this Act. If the
Commission, a local unit of government, or any other party
seeks public disclosure of information designated as
confidential, the Commission shall consider the confidential
designation in a proceeding under the Illinois Administrative
Procedure Act, and the burden of proof to demonstrate that the
designated information is confidential shall be upon the
applicant. Designated information shall remain confidential
pending the Commission's determination of whether the
information is entitled to confidential treatment. Information
designated as confidential shall be provided to local units of
government for purposes of assessing compliance with this
Article as permitted under a Protective Order issued by the
Commission pursuant to the Commission's rules and to the
Attorney General pursuant to Section 6.5 of the Attorney
General Act (15 ILCS 205/6.5). Information designated as
confidential under this Section or determined to be
confidential upon Commission review shall only be disclosed
pursuant to a valid and enforceable subpoena or court order or
as required by the Freedom of Information Act. Nothing herein
shall delay the application approval timeframes set forth in
this Article.
    (2) Information regarding the location of video services
that have been or are being offered to the public and aggregate
information included in the reports required by this Article
shall not be designated or treated as confidential.
    (d)(1) The Commission shall post all applications it
receives under this Article on its web site within 5 business
days.
    (2) The Commission shall notify an applicant for a cable
service or video service authorization whether the applicant's
application and affidavit are complete on or before the 15th
business day after the applicant submits the application. If
the application and affidavit are not complete, the Commission
shall state in its notice all of the reasons the application or
affidavit are incomplete, and the applicant shall resubmit a
complete application. The Commission shall have 30 days after
submission by the applicant of a complete application and
affidavit to issue the service authorization. If the Commission
does not notify the applicant regarding the completeness of the
application and affidavit or issue the service authorization
within the time periods required under this subsection, the
application and affidavit shall be considered complete and the
service authorization issued upon the expiration of the 30th
day.
    (e) Any authorization issued by the Commission will expire
on December 31, 2024 2023 and shall contain or include all of
the following:
        (1) A grant of authority, including an authorization
    issued prior to this amendatory Act of the 98th General
    Assembly, to provide cable service or video service in the
    service area footprint as requested in the application,
    subject to the provisions of this Article in existence on
    the date the grant of authority was issued, and any
    modifications to this Article enacted at any time prior to
    the date in Section 21-1601 of this Act, and to the laws of
    the State and the ordinances, rules, and regulations of the
    local units of government.
        (2) A grant of authority to use, occupy, and construct
    facilities in the public rights-of-way for the delivery of
    cable service or video service in the service area
    footprint, subject to the laws, ordinances, rules, or
    regulations of this State and local units of governments.
        (3) A statement that the grant of authority is subject
    to lawful operation of the cable service or video service
    by the applicant, its affiliated entities, or its
    successors-in-interest.
    (e-5) The Commission shall notify a local unit of
government within 3 business days of the grant of any
authorization within a service area footprint if that
authorization includes any part of the local unit of
government's jurisdictional boundaries and state whether the
holder will be providing video service or cable service under
the authorization.
    (f) The authorization issued pursuant to this Section by
the Commission may be transferred to any successor-in-interest
to the applicant to which it is initially granted without
further Commission action if the successor-in-interest (i)
submits an application and the information required by
subsection (b) of this Section for the successor-in-interest
and (ii) is not in violation of this Article or of any federal,
State, or local law, ordinance, rule, or regulation. A
successor-in-interest shall file its application and notice of
transfer with the Commission and the relevant local units of
government no less than 15 business days prior to the
completion of the transfer. The Commission is not required or
authorized to act upon the notice of transfer; however, the
transfer is not effective until the Commission approves the
successor-in-interest's application. A local unit of
government or the Attorney General may seek to bar a transfer
of ownership by filing suit in a court of competent
jurisdiction predicated on the existence of a material and
continuing breach of this Article by the holder, a pattern of
noncompliance with customer service standards by the potential
successor-in-interest, or the insolvency of the potential
successor-in-interest. If a transfer is made when there are
violations of this Article or of any federal, State, or local
law, ordinance, rule, or regulation, the successor-in-interest
shall be subject to 3 times the penalties provided for in this
Article.
    (g) The authorization issued pursuant to this Section by
the Commission may be terminated, or its cable service or video
service area footprint may be modified, by the cable service
provider or video service provider by submitting notice to the
Commission and to the relevant local unit of government
containing a description of the change on the same terms as the
initial description pursuant to item (4) of subsection (b) of
this Section. The Commission is not required or authorized to
act upon that notice. It shall be a violation of this Article
for a holder to discriminate against potential residential
subscribers because of the race or income of the residents in
the local area in which the group resides by terminating or
modifying its cable service or video service area footprint. It
shall be a violation of this Article for a holder to terminate
or modify its cable service or video service area footprint if
it leaves an area with no cable service or video service from
any provider.
    (h) The Commission's authority to administer this Article
is limited to the powers and duties explicitly provided under
this Article. Its authority under this Article does not include
or limit the powers and duties that the Commission has under
the other Articles of this Act, the Illinois Administrative
Procedure Act, or any other law or regulation to conduct
proceedings, other than as provided in subsection (c), or has
to promulgate rules or regulations. The Commission shall not
have the authority to limit or expand the obligations and
requirements provided in this Section or to regulate or control
a person or entity to the extent that person or entity is
providing cable service or video service, except as provided in
this Article.
(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
 
    (220 ILCS 5/21-1601)
    (Section scheduled to be repealed on December 31, 2020)
    Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of
this Article are repealed December 31, 2021 2020.
(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
 
    Section 35. The Mercury Thermostat Collection Act is
amended by changing Section 55 as follows:
 
    (415 ILCS 98/55)
    (Section scheduled to be repealed on January 1, 2021)
    Sec. 55. Repealer. This Act is repealed on January 1, 2022
2021.
(Source: P.A. 96-1295, eff. 7-26-10.)
 
    Section 40. The Transportation Network Providers Act is
amended by changing Section 34 as follows:
 
    (625 ILCS 57/34)
    (Section scheduled to be repealed on June 1, 2020)
    Sec. 34. Repeal. This Act is repealed on June 1, 2021 2020.
(Source: P.A. 99-56, eff. 7-16-15.)
 
    Section 45. The Mechanics Lien Act is amended by changing
Section 6 as follows:
 
    (770 ILCS 60/6)  (from Ch. 82, par. 6)
    Sec. 6. In no event shall it be necessary to fix or
stipulate in any contract a time for the completion or a time
for payment in order to obtain a lien under this Act, provided,
that the work is done or material furnished within three years
from the commencement of said work or the commencement of
furnishing said material in the case of work done or material
furnished as to residential property; and within 5 years from
the commencement of said work or the commencement of furnishing
said material in the case of work done or material furnished as
to any other type of property. The changes made by Public Act
97-966 are operative from January 1, 2013 through December 31,
2021 2020.
(Source: P.A. 99-852, eff. 8-19-16.)
 
    Section 50. "An Act concerning employment", approved
August 9, 2019 (Public Act 101-221), is amended by changing
Section 99-99 as follows:
 
    (P.A. 101-221, Sec. 99-99)
    Sec. 99-99. Effective date. This Act takes effect January
1, 2020, except that: (i) Article 5 takes effect March 1, 2021
July 1, 2020; and (ii) Article 6 and this Article take effect
upon becoming law.
(Source: P.A. 101-221.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.