|
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(Section scheduled to be repealed on December 31, 2020)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 The provisions of this Law are repealed |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(Section scheduled to be repealed on January 1, 2021)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(b) This Section is repealed on January 1, 2022 2021.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(Section scheduled to be repealed on December 31, 2020)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.
|