Bill Text: IL SB1381 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Public Utilities Act. Adds provisions to the Telecommunications Article concerning the transition of Large Electing Providers to Internet Protocol-based networks and service. Provides that beginning July 1, 2017, a Large Electing Provider may cease to offer and provide a telecommunications service to an identifiable class or group of customers, other than voice telecommunications service to residential customers, upon 60 days' notice to the Commission and affected customers. Provides that beginning July 1, 2017, a Large Electing Provider, may cease to offer and provide voice telecommunications service to an identifiable class or group of residential customers subject to compliance with specified requirements. Repeals language that provides for the repeal of the Telecommunications Article of the Public Utilities Act on July 1, 2017. Removes the December 31, 2020 expiration date for an Illinois Commerce Commission-issued authorization to offer or provide cable or video service. Repeals language that provides for the repeal of specified Sections of the Cable and Video Competition Article of the Illinois Public Utilities Act on July 1, 2017. Defines terms and makes other changes. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Enrolled) 2017-11-21 - Sent to the Governor [SB1381 Detail]

Download: Illinois-2017-SB1381-Enrolled.html



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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Unemployment Insurance Act is amended by
5changing Sections 401, 403, 1505, and 1506.6 as follows:
6 (820 ILCS 405/401) (from Ch. 48, par. 401)
7 Sec. 401. Weekly Benefit Amount - Dependents' Allowances.
8 A. With respect to any week beginning in a benefit year
9beginning prior to January 4, 2004, an individual's weekly
10benefit amount shall be an amount equal to the weekly benefit
11amount as defined in the provisions of this Act as amended and
12in effect on November 18, 2011.
13 B. 1. With respect to any benefit year beginning on or
14after January 4, 2004 and before January 6, 2008, an
15individual's weekly benefit amount shall be 48% of his or her
16prior average weekly wage, rounded (if not already a multiple
17of one dollar) to the next higher dollar; provided, however,
18that the weekly benefit amount cannot exceed the maximum weekly
19benefit amount and cannot be less than $51. Except as otherwise
20provided in this Section, with respect to any benefit year
21beginning on or after January 6, 2008, an individual's weekly
22benefit amount shall be 47% of his or her prior average weekly
23wage, rounded (if not already a multiple of one dollar) to the

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1next higher dollar; provided, however, that the weekly benefit
2amount cannot exceed the maximum weekly benefit amount and
3cannot be less than $51. With respect to any benefit year
4beginning in calendar year 2020 2018, an individual's weekly
5benefit amount shall be 40.3% 42.9% of his or her prior average
6weekly wage, rounded (if not already a multiple of one dollar)
7to the next higher dollar; provided, however, that the weekly
8benefit amount cannot exceed the maximum weekly benefit amount
9and cannot be less than $51.
10 2. For the purposes of this subsection:
11 An individual's "prior average weekly wage" means the total
12wages for insured work paid to that individual during the 2
13calendar quarters of his base period in which such total wages
14were highest, divided by 26. If the quotient is not already a
15multiple of one dollar, it shall be rounded to the nearest
16dollar; however if the quotient is equally near 2 multiples of
17one dollar, it shall be rounded to the higher multiple of one
18dollar.
19 "Determination date" means June 1 and December 1 of each
20calendar year except that, for the purposes of this Act only,
21there shall be no June 1 determination date in any year.
22 "Determination period" means, with respect to each June 1
23determination date, the 12 consecutive calendar months ending
24on the immediately preceding December 31 and, with respect to
25each December 1 determination date, the 12 consecutive calendar
26months ending on the immediately preceding June 30.

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1 "Benefit period" means the 12 consecutive calendar month
2period beginning on the first day of the first calendar month
3immediately following a determination date, except that, with
4respect to any calendar year in which there is a June 1
5determination date, "benefit period" shall mean the 6
6consecutive calendar month period beginning on the first day of
7the first calendar month immediately following the preceding
8December 1 determination date and the 6 consecutive calendar
9month period beginning on the first day of the first calendar
10month immediately following the June 1 determination date.
11 "Gross wages" means all the wages paid to individuals
12during the determination period immediately preceding a
13determination date for insured work, and reported to the
14Director by employers prior to the first day of the third
15calendar month preceding that date.
16 "Covered employment" for any calendar month means the total
17number of individuals, as determined by the Director, engaged
18in insured work at mid-month.
19 "Average monthly covered employment" means one-twelfth of
20the sum of the covered employment for the 12 months of a
21determination period.
22 "Statewide average annual wage" means the quotient,
23obtained by dividing gross wages by average monthly covered
24employment for the same determination period, rounded (if not
25already a multiple of one cent) to the nearest cent.
26 "Statewide average weekly wage" means the quotient,

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1obtained by dividing the statewide average annual wage by 52,
2rounded (if not already a multiple of one cent) to the nearest
3cent. Notwithstanding any provision of this Section to the
4contrary, the statewide average weekly wage for any benefit
5period prior to calendar year 2012 shall be as determined by
6the provisions of this Act as amended and in effect on November
718, 2011. Notwithstanding any provisions of this Section to the
8contrary, the statewide average weekly wage for the benefit
9period of calendar year 2012 shall be $856.55 and for each
10calendar year thereafter, the statewide average weekly wage
11shall be the statewide average weekly wage, as determined in
12accordance with this sentence, for the immediately preceding
13benefit period plus (or minus) an amount equal to the
14percentage change in the statewide average weekly wage, as
15computed in accordance with the first sentence of this
16paragraph, between the 2 immediately preceding benefit
17periods, multiplied by the statewide average weekly wage, as
18determined in accordance with this sentence, for the
19immediately preceding benefit period. However, for purposes of
20the Workers' Compensation Act, the statewide average weekly
21wage will be computed using June 1 and December 1 determination
22dates of each calendar year and such determination shall not be
23subject to the limitation of the statewide average weekly wage
24as computed in accordance with the preceding sentence of this
25paragraph.
26 With respect to any week beginning in a benefit year

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1beginning prior to January 4, 2004, "maximum weekly benefit
2amount" with respect to each week beginning within a benefit
3period shall be as defined in the provisions of this Act as
4amended and in effect on November 18, 2011.
5 With respect to any benefit year beginning on or after
6January 4, 2004 and before January 6, 2008, "maximum weekly
7benefit amount" with respect to each week beginning within a
8benefit period means 48% of the statewide average weekly wage,
9rounded (if not already a multiple of one dollar) to the next
10higher dollar.
11 Except as otherwise provided in this Section, with respect
12to any benefit year beginning on or after January 6, 2008,
13"maximum weekly benefit amount" with respect to each week
14beginning within a benefit period means 47% of the statewide
15average weekly wage, rounded (if not already a multiple of one
16dollar) to the next higher dollar.
17 With respect to any benefit year beginning in calendar year
182020 2018, "maximum weekly benefit amount" with respect to each
19week beginning within a benefit period means 40.3% 42.9% of the
20statewide average weekly wage, rounded (if not already a
21multiple of one dollar) to the next higher dollar.
22 C. With respect to any week beginning in a benefit year
23beginning prior to January 4, 2004, an individual's eligibility
24for a dependent allowance with respect to a nonworking spouse
25or one or more dependent children shall be as defined by the
26provisions of this Act as amended and in effect on November 18,

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12011.
2 With respect to any benefit year beginning on or after
3January 4, 2004 and before January 6, 2008, an individual to
4whom benefits are payable with respect to any week shall, in
5addition to those benefits, be paid, with respect to such week,
6as follows: in the case of an individual with a nonworking
7spouse, 9% of his or her prior average weekly wage, rounded (if
8not already a multiple of one dollar) to the next higher
9dollar, provided, that the total amount payable to the
10individual with respect to a week shall not exceed 57% of the
11statewide average weekly wage, rounded (if not already a
12multiple of one dollar) to the next higher dollar; and in the
13case of an individual with a dependent child or dependent
14children, 17.2% of his or her prior average weekly wage,
15rounded (if not already a multiple of one dollar) to the next
16higher dollar, provided that the total amount payable to the
17individual with respect to a week shall not exceed 65.2% of the
18statewide average weekly wage, rounded (if not already a
19multiple of one dollar) to the next higher dollar.
20 With respect to any benefit year beginning on or after
21January 6, 2008 and before January 1, 2010, an individual to
22whom benefits are payable with respect to any week shall, in
23addition to those benefits, be paid, with respect to such week,
24as follows: in the case of an individual with a nonworking
25spouse, 9% of his or her prior average weekly wage, rounded (if
26not already a multiple of one dollar) to the next higher

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1dollar, provided, that the total amount payable to the
2individual with respect to a week shall not exceed 56% of the
3statewide average weekly wage, rounded (if not already a
4multiple of one dollar) to the next higher dollar; and in the
5case of an individual with a dependent child or dependent
6children, 18.2% of his or her prior average weekly wage,
7rounded (if not already a multiple of one dollar) to the next
8higher dollar, provided that the total amount payable to the
9individual with respect to a week shall not exceed 65.2% of the
10statewide average weekly wage, rounded (if not already a
11multiple of one dollar) to the next higher dollar.
12 The additional amount paid pursuant to this subsection in
13the case of an individual with a dependent child or dependent
14children shall be referred to as the "dependent child
15allowance", and the percentage rate by which an individual's
16prior average weekly wage is multiplied pursuant to this
17subsection to calculate the dependent child allowance shall be
18referred to as the "dependent child allowance rate".
19 Except as otherwise provided in this Section, with respect
20to any benefit year beginning on or after January 1, 2010, an
21individual to whom benefits are payable with respect to any
22week shall, in addition to those benefits, be paid, with
23respect to such week, as follows: in the case of an individual
24with a nonworking spouse, the greater of (i) 9% of his or her
25prior average weekly wage, rounded (if not already a multiple
26of one dollar) to the next higher dollar, or (ii) $15, provided

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1that the total amount payable to the individual with respect to
2a week shall not exceed 56% of the statewide average weekly
3wage, rounded (if not already a multiple of one dollar) to the
4next higher dollar; and in the case of an individual with a
5dependent child or dependent children, the greater of (i) the
6product of the dependent child allowance rate multiplied by his
7or her prior average weekly wage, rounded (if not already a
8multiple of one dollar) to the next higher dollar, or (ii) the
9lesser of $50 or 50% of his or her weekly benefit amount,
10rounded (if not already a multiple of one dollar) to the next
11higher dollar, provided that the total amount payable to the
12individual with respect to a week shall not exceed the product
13of the statewide average weekly wage multiplied by the sum of
1447% plus the dependent child allowance rate, rounded (if not
15already a multiple of one dollar) to the next higher dollar.
16 With respect to any benefit year beginning in calendar year
172020 2018, an individual to whom benefits are payable with
18respect to any week shall, in addition to those benefits, be
19paid, with respect to such week, as follows: in the case of an
20individual with a nonworking spouse, the greater of (i) 9% of
21his or her prior average weekly wage, rounded (if not already a
22multiple of one dollar) to the next higher dollar, or (ii) $15,
23provided that the total amount payable to the individual with
24respect to a week shall not exceed 49.3% 51.9% of the statewide
25average weekly wage, rounded (if not already a multiple of one
26dollar) to the next higher dollar; and in the case of an

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1individual with a dependent child or dependent children, the
2greater of (i) the product of the dependent child allowance
3rate multiplied by his or her prior average weekly wage,
4rounded (if not already a multiple of one dollar) to the next
5higher dollar, or (ii) the lesser of $50 or 50% of his or her
6weekly benefit amount, rounded (if not already a multiple of
7one dollar) to the next higher dollar, provided that the total
8amount payable to the individual with respect to a week shall
9not exceed the product of the statewide average weekly wage
10multiplied by the sum of 40.3% 42.9% plus the dependent child
11allowance rate, rounded (if not already a multiple of one
12dollar) to the next higher dollar.
13 With respect to each benefit year beginning after calendar
14year 2012, the dependent child allowance rate shall be the sum
15of the allowance adjustment applicable pursuant to Section
161400.1 to the calendar year in which the benefit year begins,
17plus the dependent child allowance rate with respect to each
18benefit year beginning in the immediately preceding calendar
19year, except as otherwise provided in this subsection. The
20dependent child allowance rate with respect to each benefit
21year beginning in calendar year 2010 shall be 17.9%. The
22dependent child allowance rate with respect to each benefit
23year beginning in calendar year 2011 shall be 17.4%. The
24dependent child allowance rate with respect to each benefit
25year beginning in calendar year 2012 shall be 17.0% and, with
26respect to each benefit year beginning after calendar year

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12012, shall not be less than 17.0% or greater than 17.9%.
2 For the purposes of this subsection:
3 "Dependent" means a child or a nonworking spouse.
4 "Child" means a natural child, stepchild, or adopted child
5of an individual claiming benefits under this Act or a child
6who is in the custody of any such individual by court order,
7for whom the individual is supplying and, for at least 90
8consecutive days (or for the duration of the parental
9relationship if it has existed for less than 90 days)
10immediately preceding any week with respect to which the
11individual has filed a claim, has supplied more than one-half
12the cost of support, or has supplied at least 1/4 of the cost
13of support if the individual and the other parent, together,
14are supplying and, during the aforesaid period, have supplied
15more than one-half the cost of support, and are, and were
16during the aforesaid period, members of the same household; and
17who, on the first day of such week (a) is under 18 years of age,
18or (b) is, and has been during the immediately preceding 90
19days, unable to work because of illness or other disability:
20provided, that no person who has been determined to be a child
21of an individual who has been allowed benefits with respect to
22a week in the individual's benefit year shall be deemed to be a
23child of the other parent, and no other person shall be
24determined to be a child of such other parent, during the
25remainder of that benefit year.
26 "Nonworking spouse" means the lawful husband or wife of an

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1individual claiming benefits under this Act, for whom more than
2one-half the cost of support has been supplied by the
3individual for at least 90 consecutive days (or for the
4duration of the marital relationship if it has existed for less
5than 90 days) immediately preceding any week with respect to
6which the individual has filed a claim, but only if the
7nonworking spouse is currently ineligible to receive benefits
8under this Act by reason of the provisions of Section 500E.
9 An individual who was obligated by law to provide for the
10support of a child or of a nonworking spouse for the aforesaid
11period of 90 consecutive days, but was prevented by illness or
12injury from doing so, shall be deemed to have provided more
13than one-half the cost of supporting the child or nonworking
14spouse for that period.
15(Source: P.A. 99-488, eff. 12-4-15.)
16 (820 ILCS 405/403) (from Ch. 48, par. 403)
17 Sec. 403. Maximum total amount of benefits.
18 A. With respect to any benefit year beginning prior to
19September 30, 1979, any otherwise eligible individual shall be
20entitled, during such benefit year, to a maximum total amount
21of benefits as shall be determined in the manner set forth in
22this Act as amended and in effect on November 9, 1977.
23 B. With respect to any benefit year beginning on or after
24September 30, 1979, except as otherwise provided in this
25Section, any otherwise eligible individual shall be entitled,

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1during such benefit year, to a maximum total amount of benefits
2equal to 26 times his or her weekly benefit amount plus
3dependents' allowances, or to the total wages for insured work
4paid to such individual during the individual's base period,
5whichever amount is smaller. With respect to any benefit year
6beginning in calendar year 2012, any otherwise eligible
7individual shall be entitled, during such benefit year, to a
8maximum total amount of benefits equal to 25 times his or her
9weekly benefit amount plus dependents' allowances, or to the
10total wages for insured work paid to such individual during the
11individual's base period, whichever amount is smaller. If the
12maximum amount includable as "wages" pursuant to Section 235 is
13$13,560 with respect to calendar year 2013, then, with respect
14to any benefit year beginning after March 31, 2013 and before
15April 1, 2014, any otherwise eligible individual shall be
16entitled, during such benefit year, to a maximum total amount
17of benefits equal to 25 times his or her weekly benefit amount
18plus dependents allowances, or to the total wages for insured
19work paid to such individual during the individual's base
20period, whichever amount is smaller. With respect to any
21benefit year beginning in calendar year 2020 2018, any
22otherwise eligible individual shall be entitled, during such
23benefit year, to a maximum total amount of benefits equal to 24
24times his or her weekly benefit amount plus dependents'
25allowances, or to the total wages for insured work paid to such
26individual during the individual's base period, whichever

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1amount is smaller.
2(Source: P.A. 99-488, eff. 12-4-15.)
3 (820 ILCS 405/1505) (from Ch. 48, par. 575)
4 Sec. 1505. Adjustment of state experience factor. The state
5experience factor shall be adjusted in accordance with the
6following provisions:
7 A. For calendar years prior to 1988, the state experience
8factor shall be adjusted in accordance with the provisions of
9this Act as amended and in effect on November 18, 2011.
10 B. (Blank).
11 C. For calendar year 1988 and each calendar year
12thereafter, for which the state experience factor is being
13determined.
14 1. For every $50,000,000 (or fraction thereof) by which
15 the adjusted trust fund balance falls below the target
16 balance set forth in this subsection, the state experience
17 factor for the succeeding year shall be increased one
18 percent absolute.
19 For every $50,000,000 (or fraction thereof) by which
20 the adjusted trust fund balance exceeds the target balance
21 set forth in this subsection, the state experience factor
22 for the succeeding year shall be decreased by one percent
23 absolute.
24 The target balance in each calendar year prior to 2003
25 is $750,000,000. The target balance in calendar year 2003

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1 is $920,000,000. The target balance in calendar year 2004
2 is $960,000,000. The target balance in calendar year 2005
3 and each calendar year thereafter is $1,000,000,000.
4 2. For the purposes of this subsection:
5 "Net trust fund balance" is the amount standing to the
6 credit of this State's account in the unemployment trust
7 fund as of June 30 of the calendar year immediately
8 preceding the year for which a state experience factor is
9 being determined.
10 "Adjusted trust fund balance" is the net trust fund
11 balance minus the sum of the benefit reserves for fund
12 building for July 1, 1987 through June 30 of the year prior
13 to the year for which the state experience factor is being
14 determined. The adjusted trust fund balance shall not be
15 less than zero. If the preceding calculation results in a
16 number which is less than zero, the amount by which it is
17 less than zero shall reduce the sum of the benefit reserves
18 for fund building for subsequent years.
19 For the purpose of determining the state experience
20 factor for 1989 and for each calendar year thereafter, the
21 following "benefit reserves for fund building" shall apply
22 for each state experience factor calculation in which that
23 12 month period is applicable:
24 a. For the 12 month period ending on June 30, 1988,
25 the "benefit reserve for fund building" shall be
26 8/104th of the total benefits paid from January 1, 1988

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1 through June 30, 1988.
2 b. For the 12 month period ending on June 30, 1989,
3 the "benefit reserve for fund building" shall be the
4 sum of:
5 i. 8/104ths of the total benefits paid from
6 July 1, 1988 through December 31, 1988, plus
7 ii. 4/108ths of the total benefits paid from
8 January 1, 1989 through June 30, 1989.
9 c. For the 12 month period ending on June 30, 1990,
10 the "benefit reserve for fund building" shall be
11 4/108ths of the total benefits paid from July 1, 1989
12 through December 31, 1989.
13 d. For 1992 and for each calendar year thereafter,
14 the "benefit reserve for fund building" for the 12
15 month period ending on June 30, 1991 and for each
16 subsequent 12 month period shall be zero.
17 3. Notwithstanding the preceding provisions of this
18 subsection, for calendar years 1988 through 2003, the state
19 experience factor shall not be increased or decreased by
20 more than 15 percent absolute.
21 D. Notwithstanding the provisions of subsection C, the
22adjusted state experience factor:
23 1. Shall be 111 percent for calendar year 1988;
24 2. Shall not be less than 75 percent nor greater than
25 135 percent for calendar years 1989 through 2003; and shall
26 not be less than 75% nor greater than 150% for calendar

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1 year 2004 and each calendar year thereafter, not counting
2 any increase pursuant to subsection D-1, D-2, or D-3;
3 3. Shall not be decreased by more than 5 percent
4 absolute for any calendar year, beginning in calendar year
5 1989 and through calendar year 1992, by more than 6%
6 absolute for calendar years 1993 through 1995, by more than
7 10% absolute for calendar years 1999 through 2003 and by
8 more than 12% absolute for calendar year 2004 and each
9 calendar year thereafter, from the adjusted state
10 experience factor of the calendar year preceding the
11 calendar year for which the adjusted state experience
12 factor is being determined;
13 4. Shall not be increased by more than 15% absolute for
14 calendar year 1993, by more than 14% absolute for calendar
15 years 1994 and 1995, by more than 10% absolute for calendar
16 years 1999 through 2003 and by more than 16% absolute for
17 calendar year 2004 and each calendar year thereafter, from
18 the adjusted state experience factor for the calendar year
19 preceding the calendar year for which the adjusted state
20 experience factor is being determined;
21 5. Shall be 100% for calendar years 1996, 1997, and
22 1998.
23 D-1. The adjusted state experience factor for each of
24calendar years 2013 through 2015 shall be increased by 5%
25absolute above the adjusted state experience factor as
26calculated without regard to this subsection. The adjusted

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1state experience factor for each of calendar years 2016 through
22018 shall be increased by 6% absolute above the adjusted state
3experience factor as calculated without regard to this
4subsection. The increase in the adjusted state experience
5factor for calendar year 2018 pursuant to this subsection shall
6not be counted for purposes of applying paragraph 3 or 4 of
7subsection D to the calculation of the adjusted state
8experience factor for calendar year 2019.
9 D-2. (Blank).
10 D-3. The adjusted state experience factor for calendar year
112020 2018 shall be increased by 21% 19% absolute above the
12adjusted state experience factor as calculated without regard
13to this subsection. The increase in the adjusted state
14experience factor for calendar year 2020 2018 pursuant to this
15subsection shall not be counted for purposes of applying
16paragraph 3 or 4 of subsection D to the calculation of the
17adjusted state experience factor for calendar year 2021 2019.
18 E. The amount standing to the credit of this State's
19account in the unemployment trust fund as of June 30 shall be
20deemed to include as part thereof (a) any amount receivable on
21that date from any Federal governmental agency, or as a payment
22in lieu of contributions under the provisions of Sections 1403
23and 1405 B and paragraph 2 of Section 302C, in reimbursement of
24benefits paid to individuals, and (b) amounts credited by the
25Secretary of the Treasury of the United States to this State's
26account in the unemployment trust fund pursuant to Section 903

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1of the Federal Social Security Act, as amended, including any
2such amounts which have been appropriated by the General
3Assembly in accordance with the provisions of Section 2100 B
4for expenses of administration, except any amounts which have
5been obligated on or before that date pursuant to such
6appropriation.
7(Source: P.A. 99-488, eff. 12-4-15.)
8 (820 ILCS 405/1506.6)
9 Sec. 1506.6. Surcharge; specified period. For each
10employer whose contribution rate for calendar year 2020 2018 is
11determined pursuant to Section 1500 or 1506.1, including but
12not limited to an employer whose contribution rate pursuant to
13Section 1506.1 is 0.0%, in addition to the contribution rate
14established pursuant to Section 1506.3, an additional
15surcharge of 0.425% 0.3% shall be added to the contribution
16rate. The surcharge established by this Section shall be due at
17the same time as other contributions with respect to the
18quarter are due, as provided in Section 1400. Payments
19attributable to the surcharge established pursuant to this
20Section shall be contributions and deposited into the clearing
21account.
22(Source: P.A. 99-488, eff. 12-4-15.)
23 Section 99. Effective date. This Act takes effect upon
24becoming law.
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