Rep. Patrick J Verschoore
Filed: 5/13/2008
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1 | AMENDMENT TO HOUSE BILL 2074
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2 | AMENDMENT NO. ______. Amend House Bill 2074 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Public Utilities Act is amended by adding | ||||||
5 | Sections 13-905 and 13-905.5 and by changing Section 21-1101 as | ||||||
6 | follows: | ||||||
7 | (220 ILCS 5/13-905 new)
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8 | Sec. 13-905. Mandatory overtime by telecommunications | ||||||
9 | carrier employees. | ||||||
10 | (a) A telecommunications carrier must maintain staffing | ||||||
11 | levels, as they existed on January 1, 2005, for employees who | ||||||
12 | maintain and repair all types of telecommunications access | ||||||
13 | facilities, including cable and auxiliary equipment. | ||||||
14 | (b) A telecommunications carrier shall not require | ||||||
15 | mandatory overtime if staffing levels fall below levels | ||||||
16 | specified in subsection (a) of this Section, except in the case |
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1 | of catastrophic events, such as a natural disaster or emergency | ||||||
2 | situation declared by the State. | ||||||
3 | (c) If a telecommunications carrier believes that an | ||||||
4 | emergency exists and that it must require mandatory overtime, | ||||||
5 | then the telecommunications carrier must provide written | ||||||
6 | notice to the Commission within 5 days after requiring the | ||||||
7 | mandatory overtime, detailing (i) the reason for the mandatory | ||||||
8 | overtime, (ii) the number of employees required to work | ||||||
9 | overtime, and (iii) the length or projected length of time that | ||||||
10 | overtime work was or is necessary. The telecommunications | ||||||
11 | carrier must also file notice with the Commission within 5 days | ||||||
12 | after completing mandatory overtime. | ||||||
13 | (d) If a telecommunications carrier violates this Section | ||||||
14 | by either failing to file notice with the Commission or by | ||||||
15 | failing to comply with subsection (a) of this Section and | ||||||
16 | requires mandatory overtime without necessity, then the | ||||||
17 | telecommunications carrier must pay a $10,000 fine to the | ||||||
18 | Commission for each employee that worked mandatory overtime in | ||||||
19 | violation of this Section. | ||||||
20 | (220 ILCS 5/13-905.5 new)
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21 | Sec. 13-905.5. Employee meetings; employer's opinion | ||||||
22 | prohibited. | ||||||
23 | (a) For purposes of this Section: | ||||||
24 | "Employee" means any person engaged in service to an | ||||||
25 | employer, as that term is defined in this Section. |
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1 | "Employer" means a holder or incumbent cable operator, as | ||||||
2 | those terms are defined in Section 21-201 of this Act. | ||||||
3 | "Labor organization" means any organization that exists | ||||||
4 | for the purpose, in whole or in part, of collective bargaining | ||||||
5 | or of dealing with employers concerning grievances, terms or | ||||||
6 | conditions of employment, or of other mutual aid or protection | ||||||
7 | in connection with employment. | ||||||
8 | (b) An employer shall not require an employee to attend a | ||||||
9 | meeting of which the primary purpose is to communicate the | ||||||
10 | employer's opinion concerning labor organizations. | ||||||
11 | (220 ILCS 5/21-1101) | ||||||
12 | (Section scheduled to be repealed on October 1, 2013) | ||||||
13 | Sec. 21-1101. Requirements to provide video services. | ||||||
14 | (a) The holder of a State-issued authorization shall not | ||||||
15 | deny access to cable service or video service to any potential | ||||||
16 | residential subscribers because of the race or income of the | ||||||
17 | residents in the local area in which the potential subscribers | ||||||
18 | reside. | ||||||
19 | (b) (1) If the holder is using telecommunications | ||||||
20 | facilities to provide cable or video service and has 1,000,000 | ||||||
21 | or less telecommunications access lines in this State, but more | ||||||
22 | than 300,000 telecommunications access lines in this State, the | ||||||
23 | holder shall provide : (1) Provide access to its cable or video | ||||||
24 | service to a number of households equal to at least 25% of its | ||||||
25 | telecommunications access lines in this State within 3 years |
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1 | after the date a holder receives a State-issued authorization | ||||||
2 | from the Commission and to a number not less than 35% of these | ||||||
3 | households within 5 years after the date a holder receives a | ||||||
4 | State-issued authorization from the Commission; provided , | ||||||
5 | however, that the holder of a State-issued authorization is not | ||||||
6 | required to meet the 35% requirement in this paragraph (1) | ||||||
7 | subsection until 2 years after at least 15% of the households | ||||||
8 | with access to the holder's video service subscribe to the | ||||||
9 | service for 6 consecutive months. The holder's obligation to | ||||||
10 | provide such access in the State shall be distributed, as the | ||||||
11 | holder determines, within 3 three different designated market | ||||||
12 | areas. | ||||||
13 | (2) Within 3 years after the date a holder receives a | ||||||
14 | State-issued authorization from the Commission , at least | ||||||
15 | 30% of the total households with access to the holder's | ||||||
16 | cable or video service shall be low-income. | ||||||
17 | Within each designated market area identified in | ||||||
18 | paragraph (1) of this subsection (b) (b)(1) , the holder's | ||||||
19 | obligation to offer service to low-income households shall | ||||||
20 | be measured by each exchange, as that term is defined in | ||||||
21 | Section 13-206 of this the Public Utilities Act, in which | ||||||
22 | the holder chooses to provide cable or video service. The | ||||||
23 | holder is under no obligation to serve or provide access to | ||||||
24 | an entire exchange; however, in addition to the statewide | ||||||
25 | obligation to provide low-income access provided by this | ||||||
26 | Section, in each exchange in which the holder chooses to |
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1 | provide cable or video service, the holder shall provide | ||||||
2 | access to a percentage of low-income households that is at | ||||||
3 | least equal to the percentage of the total low-income | ||||||
4 | households within that exchange. | ||||||
5 | (3) The number of telecommunication access lines in | ||||||
6 | this Section shall be based on the number of access lines | ||||||
7 | that exist as of June 30, 2007 ( the effective date of | ||||||
8 | Public Act 95-9) this amendatory Act of the 95th General | ||||||
9 | Assembly . | ||||||
10 | A holder of a State-issued authorization shall provide the | ||||||
11 | Commission with a service area footprint, as defined in | ||||||
12 | subsection (j) of Section 21-201 of this Article, or a list of | ||||||
13 | municipalities included in the service area footprint within 60 | ||||||
14 | days after receiving authorization or 60 days after the | ||||||
15 | effective date of this amendatory Act of the 95th General | ||||||
16 | Assembly, whichever is later. The information shall also be | ||||||
17 | provided to the public. If a holder of a State-issued | ||||||
18 | authorization deems the footprint to be proprietary | ||||||
19 | information or refuses to disclose a footprint or list of | ||||||
20 | municipalities, then the holder shall provide access to its | ||||||
21 | cable or video service to a number of households equal to at | ||||||
22 | least 50% of the households in the holder's telecommunications | ||||||
23 | service area in the State within 3 years after the date the | ||||||
24 | holder receives a State-issued authorization from the | ||||||
25 | Commission and to a number not less than 65% of these | ||||||
26 | households within 5 years after the date the holder receives a |
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1 | State-issued authorization from the Commission; provided, | ||||||
2 | however, that the holder of a State-issued authorization is not | ||||||
3 | required to meet the 65% requirement in subsection (c) of this | ||||||
4 | Section until 2 years after at least 15% of the households with | ||||||
5 | access to the holder's video service subscribe to the service | ||||||
6 | for 6 consecutive months. | ||||||
7 | (c) (1) If the holder of a State-issued authorization is | ||||||
8 | using telecommunications facilities to provide cable or video | ||||||
9 | service and has more than 1,000,000 telecommunications access | ||||||
10 | lines in this State, the holder shall provide : (1)(A) Provide | ||||||
11 | access to its cable or video service to a number of households | ||||||
12 | equal to at least 35% of the households in the holder's | ||||||
13 | telecommunications service area in the State within 3 years | ||||||
14 | after the date a holder receives a State-issued authorization | ||||||
15 | from the Commission and to a number not less than 50% of these | ||||||
16 | households within 5 years after the date a holder receives a | ||||||
17 | State-issued authorization from the Commission; provided , | ||||||
18 | however, that the holder of a State-issued authorization is not | ||||||
19 | required to meet the 50% requirement in this paragraph (1) | ||||||
20 | subsection until 2 years after at least 15% of the households | ||||||
21 | with access to the holder's video service subscribe to the | ||||||
22 | service for 6 consecutive months. | ||||||
23 | The holder's obligation to provide such access in the State | ||||||
24 | shall be distributed, as the holder determines, within 3 three | ||||||
25 | designated market areas, one in each of the northeastern, | ||||||
26 | central , and southwestern portions of the holder's |
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1 | telecommunications service area in the State. The designated | ||||||
2 | market area for the northeastern portion shall consist of 2 two | ||||||
3 | separate and distinct reporting areas: ( i) a city with more | ||||||
4 | than 1,000,000 inhabitants, and ( ii) all other local units of | ||||||
5 | government on a combined basis within such designated market | ||||||
6 | area in which it offers video service. A holder of a | ||||||
7 | State-issued authorization shall provide the Commission with a | ||||||
8 | service area footprint, as defined in subsection (j) of Section | ||||||
9 | 21-201 of this Article, or a list of municipalities included in | ||||||
10 | the service area footprint within 60 days after receiving | ||||||
11 | authorization or 60 days after the effective date of this | ||||||
12 | amendatory Act of the 95th General Assembly. The information | ||||||
13 | shall also be provided to the public. If a holder of a | ||||||
14 | State-issued authorization deems the footprint to be | ||||||
15 | proprietary information or refuses to disclose a footprint or | ||||||
16 | list of municipalities, then the holder shall provide access to | ||||||
17 | its cable or video service to a number of households equal to | ||||||
18 | at least 50% of the households in the holder's | ||||||
19 | telecommunications service area in the State within 3 years | ||||||
20 | after the date the holder receives a State-issued authorization | ||||||
21 | from the Commission and to a number not less than 65% of these | ||||||
22 | households within 5 years after the date the holder receives a | ||||||
23 | State-issued authorization from the Commission; provided, | ||||||
24 | however, that the holder of a State-issued authorization is not | ||||||
25 | required to meet the 65% requirement in this subsection (c) | ||||||
26 | until 2 years after at least 15% of the households with access |
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1 | to the holder's video service subscribe to the service for 6 | ||||||
2 | consecutive months. | ||||||
3 | (B) If any state, in which a holder subject to this | ||||||
4 | subsection (c) or one of its affiliates provides or seeks to | ||||||
5 | provide cable or video service, adopts a law permitting | ||||||
6 | state-issued authorization or statewide franchises to provide | ||||||
7 | cable or video service that requires a cable or video provider | ||||||
8 | to offer service to more than 35% of the households in the | ||||||
9 | cable or video provider's service area in that state within 3 | ||||||
10 | years, holders subject to this subsection (c) shall provide | ||||||
11 | service in this State to the same percentage of households | ||||||
12 | within 3 years of adoption of such law in that state. | ||||||
13 | Furthermore, if any state, in which a holder subject to | ||||||
14 | this subsection (c) or one of its affiliates provides or seeks | ||||||
15 | to provide cable or video service, adopts a law requiring a | ||||||
16 | holder of a state-issued authorization or statewide franchises | ||||||
17 | to offer cable or video service to more than 35% of its | ||||||
18 | households if less than 15% of the households with access to | ||||||
19 | the holder's video service subscribe to the service for 6 | ||||||
20 | consecutive months, then as a precondition to further | ||||||
21 | build-out, holders subject to this subsection (c) shall be | ||||||
22 | subject to the same percentage of service subscription in | ||||||
23 | meeting its obligation to provide service to 50% of the | ||||||
24 | households in this State.
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25 | (2) Within 3 years after the date a holder receives a | ||||||
26 | State-issued authorization from the Commission , at least |
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1 | 30% of the total households with access to the holder's | ||||||
2 | cable or video service shall be low-income. | ||||||
3 | Within each designated market area listed in paragraph | ||||||
4 | (1) of this subsection (c) (c)(1) , the holder's obligation | ||||||
5 | to offer service to low-income households shall be measured | ||||||
6 | by each exchange, as that term is defined in Section 13-206 | ||||||
7 | of this the Public Utilities Act in which the holder | ||||||
8 | chooses to provide cable or video service. The holder is | ||||||
9 | under no obligation to serve or provide access to an entire | ||||||
10 | exchange; however, in addition to the statewide obligation | ||||||
11 | to provide low-income access provided by this Section, in | ||||||
12 | each exchange in which the holder chooses to provide cable | ||||||
13 | or video service, the holder shall provide access to a | ||||||
14 | percentage of low-income households that is at least equal | ||||||
15 | to the percentage of the total low-income households within | ||||||
16 | that exchange. | ||||||
17 | (d)(1) All other holders shall only provide access to one | ||||||
18 | or more exchanges, as that term is defined in Section 13-206 of | ||||||
19 | this the Public Utilities Act, or to local units of government | ||||||
20 | and shall provide access to their cable or video service to a | ||||||
21 | number of households equal to 35% of the households in the | ||||||
22 | exchange or local unit of government within 3 years after the | ||||||
23 | date a holder receives a State-issued authorization from the | ||||||
24 | Commission and to a number not less than 50% of these | ||||||
25 | households within 5 years after the date a holder receives a | ||||||
26 | State-issued authorization from the Commission, provided , |
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1 | however, that if the holder is an incumbent cable operator or | ||||||
2 | any successor-in-interest company, it shall be obligated to | ||||||
3 | provide access to cable or video services within the | ||||||
4 | jurisdiction of a local unit of government at the same levels | ||||||
5 | required by the local franchising authorities for that local | ||||||
6 | unit of government on June 30, 2007 ( the effective date of | ||||||
7 | Public Act 95-9) this amendatory Act of the 95th General | ||||||
8 | Assembly . | ||||||
9 | (2) Within 3 years after the date a holder receives a | ||||||
10 | State-issued authorization from the Commission, at least | ||||||
11 | 30% of the total households with access to the holder's | ||||||
12 | cable or video service shall be low-income. | ||||||
13 | Within each designated exchange, as that term is | ||||||
14 | defined in Section 13-206 of this the Public Utilities Act, | ||||||
15 | or local unit of government listed in paragraph (1) of this | ||||||
16 | subsection (d) (d)(1) , the holder's obligation to offer | ||||||
17 | service to low-income households shall be measured by each | ||||||
18 | exchange or local unit of government in which the holder | ||||||
19 | chooses to provide cable or video service. Except as | ||||||
20 | provided in paragraph (1) of this subsection (d) (d)(1) , | ||||||
21 | the holder is under no obligation to serve or provide | ||||||
22 | access to an entire exchange or local unit of government; | ||||||
23 | however, in addition to the statewide obligation to provide | ||||||
24 | low-income access provided by this Section, in each | ||||||
25 | exchange or local unit of government in which the holder | ||||||
26 | chooses to provide cable or video service, the holder shall |
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1 | provide access to a percentage of low-income households | ||||||
2 | that is at least equal to the percentage of the total | ||||||
3 | low-income households within that exchange or local unit of | ||||||
4 | government. | ||||||
5 | A holder of a State-issued authorization shall provide | ||||||
6 | the Commission with a service area footprint, as defined in | ||||||
7 | subsection (j) of Section 21-201 of this Article, or a list | ||||||
8 | of municipalities included in the service area footprint | ||||||
9 | within 60 days after receiving authorization or 60 days | ||||||
10 | after the effective date of this amendatory Act of the 95th | ||||||
11 | General Assembly. The information shall also be provided to | ||||||
12 | the public. If a holder of a State-issued authorization | ||||||
13 | deems the footprint to be proprietary information or | ||||||
14 | refuses to disclose a footprint or list of municipalities, | ||||||
15 | then the holder shall provide access to its cable or video | ||||||
16 | service to a number of households equal to at least 50% of | ||||||
17 | the households in the holder's telecommunications service | ||||||
18 | area in the State within 3 years after the date the holder | ||||||
19 | receives a State-issued authorization from the Commission | ||||||
20 | and to a number not less than 65% of these households | ||||||
21 | within 5 years after the date the holder receives a | ||||||
22 | State-issued authorization from the Commission; provided, | ||||||
23 | however, that the holder of a State-issued authorization is | ||||||
24 | not required to meet the 65% requirement in subsection (c) | ||||||
25 | of this Section until 2 years after at least 15% of the | ||||||
26 | households with access to the holder's video service |
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1 | subscribe to the service for 6 consecutive months. | ||||||
2 | (e) A holder subject to subsection (c) of this Section | ||||||
3 | 21-1101(c) shall provide wireline broadband service, defined | ||||||
4 | as wireline service , capable of supporting, in at least one | ||||||
5 | direction, a speed in excess of 200 kilobits per second (kbps), | ||||||
6 | to the network demarcation point at the subscriber's premises, | ||||||
7 | to a number of households equal to 90% of the households in the | ||||||
8 | holder's telecommunications service area by December 31, 2008, | ||||||
9 | or shall pay within 30 days of December 31, 2008 a sum of | ||||||
10 | $15,000,000 to the Digital Divide Elimination Infrastructure | ||||||
11 | Fund established pursuant to Section 13-301.3 of Article XIII | ||||||
12 | of this Act, or any successor fund established by the General | ||||||
13 | Assembly. In that event the holder is required to make a | ||||||
14 | payment pursuant to this subsection (e) , the holder shall have | ||||||
15 | no further accounting for this payment, which shall be used in | ||||||
16 | any part of the State for the purposes established in the | ||||||
17 | Digital Divide Elimination Infrastructure Fund or for | ||||||
18 | broadband deployment. | ||||||
19 | (f) The holder of a State-issued authorization may satisfy | ||||||
20 | the requirements of subsections (b), (c) , and (d) of this | ||||||
21 | Section through the use of any technology, which shall not | ||||||
22 | include direct-to-home satellite service, that offers service, | ||||||
23 | functionality, and content that , which is demonstrably similar | ||||||
24 | to that provided through the holder's video service system. | ||||||
25 | (g) In any investigation into or complaint alleging that | ||||||
26 | the holder of a State-issued authorization has failed to meet |
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1 | the requirements of this Section, the following factors may be | ||||||
2 | considered in justification or mitigation or as justification | ||||||
3 | for an extension of time to meet the requirements of | ||||||
4 | subsections (b), (c) , and (d) of this Section: | ||||||
5 | (1) The inability to obtain access to public and | ||||||
6 | private rights-of-way under reasonable terms and | ||||||
7 | conditions. | ||||||
8 | (2) Barriers to competition arising from existing | ||||||
9 | exclusive service arrangements in developments or | ||||||
10 | buildings. | ||||||
11 | (3) The inability to access developments or buildings | ||||||
12 | using reasonable technical solutions under commercially | ||||||
13 | reasonable terms and conditions. | ||||||
14 | (4) Natural disasters. | ||||||
15 | (5) Other factors beyond the control of the holder. | ||||||
16 | (h) If the holder relies on the factors identified in | ||||||
17 | subsection (g) of this Section in response to an investigation | ||||||
18 | or complaint, the holder shall demonstrate the following : | ||||||
19 | (1) what substantial effort the holder of a | ||||||
20 | State-issued authorization has taken to meet the | ||||||
21 | requirements of subsection subsections (a), (b) , or (c) of | ||||||
22 | this Section; | ||||||
23 | (2) which portions of subsection (g) of this Section | ||||||
24 | apply; and | ||||||
25 | (3) the number of days it has been delayed or the | ||||||
26 | requirements it cannot perform as a consequence of |
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1 | subsection (g) of this Section. | ||||||
2 | (i) The factors in subsection (g) of this Section may be | ||||||
3 | considered by the Attorney General or by a court of competent | ||||||
4 | jurisdiction in determining whether the holder is in violation | ||||||
5 | of this Article. | ||||||
6 | (j) Every holder of a State-issued authorization, no later | ||||||
7 | than April 1, 2009, and annually no later than April 1 | ||||||
8 | thereafter, shall report to the Commission for each of the | ||||||
9 | service areas as described in subsections (b), (c) , and (d) of | ||||||
10 | this Section in which it provides access to its video service | ||||||
11 | in the State, the following information: | ||||||
12 | (1) Cable service and video service information: | ||||||
13 | (A) The number of households in the holder's | ||||||
14 | telecommunications service area within each designated | ||||||
15 | market area as described in subsections (b) and (c) of | ||||||
16 | this Section or exchange or local unit of government as | ||||||
17 | described in subsection (d) of this Section in which it | ||||||
18 | offers video service. | ||||||
19 | (B) The number of households in the holder's | ||||||
20 | telecommunications service area within each designated | ||||||
21 | market area as described in subsections (b) and (c) of | ||||||
22 | this Section or exchange or local unit of government as | ||||||
23 | described in subsection (d) of this Section that are | ||||||
24 | offered access to video service by the holder. | ||||||
25 | (C) The number of households in the holder's | ||||||
26 | telecommunications service area in the State. |
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1 | (D) The number of households in the holder's | ||||||
2 | telecommunications service area in the State that are | ||||||
3 | offered access to video service by the holder. | ||||||
4 | (2) Low-income household information: | ||||||
5 | (A) The number of low-income households in the | ||||||
6 | holder's telecommunications service area within each | ||||||
7 | designated market area as described in subsections (b) | ||||||
8 | and (c) of this Section, as further identified in terms | ||||||
9 | of exchanges, or exchange or local unit of government | ||||||
10 | as described in subsection (d) of this Section , in | ||||||
11 | which it offers video service. | ||||||
12 | (B) The number of low-income households in the | ||||||
13 | holder's telecommunications service area within each | ||||||
14 | designated market area as described in subsections (b) | ||||||
15 | and (c) of this Section, as further identified in terms | ||||||
16 | of exchanges, or exchange or local unit of government | ||||||
17 | as described in subsection (d) of this Section in the | ||||||
18 | State , that are offered access to video service by the | ||||||
19 | holder. | ||||||
20 | (C) The number of low-income households in the | ||||||
21 | holder's telecommunications service area in the State. | ||||||
22 | (D) The number of low-income households in the | ||||||
23 | holder's telecommunications service area in the State | ||||||
24 | that are offered access to video service by the holder. | ||||||
25 | (k) The Commission, within 30 days of receiving the first | ||||||
26 | report from holders under this Section, and annually no later |
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1 | than July 1 thereafter, shall submit to the General Assembly a | ||||||
2 | report that includes, based on year-end data, the information | ||||||
3 | submitted by holders pursuant to subdivisions (1) and (2) of | ||||||
4 | subsection (j) subsections (j)(1) and (j)(2) of this Section. | ||||||
5 | The Commission shall make this report available to any member | ||||||
6 | of the public or any local unit of government upon request. All | ||||||
7 | information submitted to the Commission and designated by | ||||||
8 | holders as confidential and proprietary shall be subject to the | ||||||
9 | disclosure provisions in subsection (c) of Section 21-401 of | ||||||
10 | this Act 21-401(c) . No individually identifiable customer | ||||||
11 | information shall be subject to public disclosure.
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12 | (Source: P.A. 95-9, eff. 6-30-07; revised 7-9-07.)
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13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.".
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