Full Text of HB2174 101st General Assembly
HB2174enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regulatory Sunset Act is amended by changing | 5 | | Section 4.32 as follows: | 6 | | (5 ILCS 80/4.32) | 7 | | Sec. 4.32. Acts repealed on January 1, 2022. The following | 8 | | Acts are repealed on January 1, 2022: | 9 | | The Boxing and Full-contact Martial Arts Act. | 10 | | The Cemetery Oversight Act. | 11 | | The Collateral Recovery Act. | 12 | | The Community Association Manager Licensing and | 13 | | Disciplinary Act. | 14 | | The Crematory Regulation Act. | 15 | | The Detection of Deception Examiners Act.
| 16 | | The Home Inspector License Act.
| 17 | | The Illinois Health Information Exchange and Technology | 18 | | Act. | 19 | | The Medical Practice Act of 1987. | 20 | | The Registered Interior Designers Act.
| 21 | | The Massage Licensing Act.
| 22 | | The Petroleum Equipment Contractors Licensing Act.
| 23 | | The Radiation Protection Act of 1990. |
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| 1 | | The Real Estate Appraiser Licensing Act of 2002. | 2 | | The Water Well and Pump Installation Contractor's License | 3 | | Act. | 4 | | (Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19; | 5 | | 101-614, eff. 12-20-19.)
| 6 | | (5 ILCS 80/4.31 rep.) | 7 | | Section 10. The Regulatory Sunset Act is amended by | 8 | | repealing Section 4.31. | 9 | | Section 15. The Renewable Energy, Energy Efficiency, and | 10 | | Coal Resources
Development Law of 1997 is amended by changing | 11 | | Section 6-7 as follows:
| 12 | | (20 ILCS 687/6-7)
| 13 | | (Section scheduled to be repealed on December 31, 2020)
| 14 | | Sec. 6-7. Repeal. The provisions of this Law are repealed | 15 | | on December 31, 2021 2020 .
| 16 | | (Source: P.A. 99-489, eff. 12-4-15.)
| 17 | | Section 20. The Illinois Power Agency Act is amended by | 18 | | changing Section 1-130 as follows: | 19 | | (20 ILCS 3855/1-130) | 20 | | (Section scheduled to be repealed on January 1, 2021)
| 21 | | Sec. 1-130. Home rule preemption. |
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| 1 | | (a) The authorization to impose any new taxes or fees | 2 | | specifically related to the generation of electricity by, the | 3 | | capacity to generate electricity by, or the emissions into the | 4 | | atmosphere by electric generating facilities after the | 5 | | effective date of this Act is an exclusive power and function | 6 | | of the State. A home rule unit may not levy any new taxes or | 7 | | fees specifically related to the generation of electricity by, | 8 | | the capacity to generate electricity by, or the emissions into | 9 | | the atmosphere by electric generating facilities after the | 10 | | effective date of this Act. This Section is a denial and | 11 | | limitation on home rule powers and functions under subsection | 12 | | (g) of Section 6 of Article VII of the Illinois Constitution. | 13 | | (b) This Section is repealed on January 1, 2022 2021 .
| 14 | | (Source: P.A. 100-1157, eff. 12-19-18.) | 15 | | Section 25. The Emergency Telephone System Act is amended | 16 | | by changing Sections 3, 15.3, 15.3a, 15.6b, 30, and 99 as | 17 | | follows:
| 18 | | (50 ILCS 750/3) (from Ch. 134, par. 33)
| 19 | | (Section scheduled to be repealed on December 31, 2020)
| 20 | | Sec. 3.
(a) By July 1, 2017, every local public agency | 21 | | shall be within the jurisdiction of a 9-1-1 system.
| 22 | | (b) By December 31, 2021 July 1, 2020 , every 9-1-1 system | 23 | | in Illinois shall provide Next Generation 9-1-1 service. | 24 | | (c) Nothing in this Act shall be construed to prohibit or
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| 1 | | discourage in any way the formation of multijurisdictional or | 2 | | regional
systems, and any system established pursuant to this | 3 | | Act may include the
territory of more than one public agency or | 4 | | may include a segment of the
territory of a public agency.
| 5 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
| 6 | | (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
| 7 | | (Section scheduled to be repealed on December 31, 2020)
| 8 | | Sec. 15.3. Local non-wireless surcharge. | 9 | | (a) Except as provided in subsection (l) of this Section, | 10 | | the corporate authorities of any municipality or any
county | 11 | | may, subject to the limitations of subsections (c), (d), and | 12 | | (h),
and in addition to any tax levied pursuant to the | 13 | | Simplified Municipal
Telecommunications Tax Act, impose a | 14 | | monthly surcharge on billed subscribers
of network connection | 15 | | provided by telecommunication carriers engaged in the
business | 16 | | of transmitting messages by means of electricity originating | 17 | | within
the corporate limits of the municipality or county | 18 | | imposing the surcharge at
a rate per network connection | 19 | | determined in accordance with subsection (c), however the | 20 | | monthly surcharge shall not apply to a network connection | 21 | | provided for use with pay telephone services.
Provided, | 22 | | however, that where multiple voice grade communications | 23 | | channels
are connected between the subscriber's premises and a | 24 | | public switched network
through private branch exchange (PBX) | 25 | | or centrex type service, a municipality
imposing a surcharge at |
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| 1 | | a rate per network connection, as determined in
accordance with | 2 | | this Act, shall impose: | 3 | | (i) in a municipality with a population of 500,000 or | 4 | | less or in any county, 5 such surcharges per network
| 5 | | connection, as defined under Section 2 of this Act, for | 6 | | both regular service and advanced service provisioned | 7 | | trunk lines; | 8 | | (ii) in a municipality with a population, prior to | 9 | | March 1, 2010, of 500,000 or more, 5 surcharges per network | 10 | | connection, as defined under Section 2 of this Act, for | 11 | | both regular service and advanced
service provisioned | 12 | | trunk lines; | 13 | | (iii) in a municipality with a population, as of March | 14 | | 1, 2010, of 500,000 or more, 5 surcharges per network | 15 | | connection, as defined under Section 2 of this Act, for | 16 | | regular service
provisioned trunk lines, and 12 surcharges | 17 | | per network connection, as defined under Section 2 of this | 18 | | Act, for advanced service provisioned trunk
lines, except | 19 | | where an advanced service provisioned trunk line supports | 20 | | at least 2 but fewer
than 23 simultaneous voice grade calls | 21 | | ("VGC's"), a telecommunication carrier may
elect to impose | 22 | | fewer than 12 surcharges per trunk line as provided in | 23 | | subsection (iv)
of this Section; or | 24 | | (iv) for an advanced service provisioned trunk line | 25 | | connected between the
subscriber's premises and the public | 26 | | switched network through a P.B.X., where the advanced
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| 1 | | service provisioned trunk line is capable of transporting | 2 | | at least 2 but fewer than 23
simultaneous VGC's per trunk | 3 | | line, the telecommunications carrier collecting the | 4 | | surcharge
may elect to impose surcharges in accordance with | 5 | | the table provided in this Section, without limiting
any | 6 | | telecommunications carrier's obligations to otherwise keep | 7 | | and maintain records. Any
telecommunications carrier | 8 | | electing to impose fewer than 12 surcharges per an advanced
| 9 | | service provisioned trunk line shall keep and maintain | 10 | | records adequately to demonstrate the
VGC capability of | 11 | | each advanced service provisioned trunk line with fewer | 12 | | than 12
surcharges imposed, provided that 12 surcharges | 13 | | shall be imposed on an advanced service
provisioned trunk | 14 | | line regardless of the VGC capability where a | 15 | | telecommunications carrier
cannot demonstrate the VGC | 16 | | capability of the advanced service provisioned trunk line.
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17 | | Facility | VGC's | 911 Surcharges | |
18 | | Advanced service provisioned trunk line | 18-23 | 12 | |
19 | | Advanced service provisioned trunk line | 12-17 | 10 | |
20 | | Advanced service provisioned trunk line | 2-11 | 8 |
| 21 | | Subsections (i), (ii), (iii), and (iv) are not intended to | 22 | | make any change in the meaning of this Section, but are | 23 | | intended to remove possible ambiguity, thereby confirming the | 24 | | intent of paragraph (a) as it existed prior to and following |
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| 1 | | the effective date of this amendatory Act of the 97th General | 2 | | Assembly. | 3 | | For mobile telecommunications services, if a surcharge is | 4 | | imposed it shall be
imposed based upon the municipality or | 5 | | county that encompasses the customer's
place of primary use as | 6 | | defined in the Mobile Telecommunications Sourcing
Conformity | 7 | | Act. A municipality may enter into an intergovernmental
| 8 | | agreement with any county in which it is partially located, | 9 | | when the county
has adopted an ordinance to impose a surcharge | 10 | | as provided in subsection
(c), to include that portion of the | 11 | | municipality lying outside the county
in that county's | 12 | | surcharge referendum. If the county's surcharge
referendum is | 13 | | approved, the portion of the municipality identified in the
| 14 | | intergovernmental agreement shall automatically be | 15 | | disconnected from the
county in which it lies and connected to | 16 | | the county which approved the
referendum for purposes of a | 17 | | surcharge on telecommunications carriers.
| 18 | | (b) For purposes of computing the surcharge imposed by | 19 | | subsection (a),
the network connections to which the surcharge | 20 | | shall apply shall be those
in-service network connections, | 21 | | other than those network connections
assigned to the | 22 | | municipality or county, where the service address for each
such | 23 | | network connection or connections is located within the | 24 | | corporate
limits of the municipality or county levying the | 25 | | surcharge. Except for mobile
telecommunication services, the | 26 | | "service address" shall mean the location of
the primary use of |
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| 1 | | the network connection or connections. For mobile
| 2 | | telecommunication services, "service address" means the | 3 | | customer's place of
primary use as defined in the Mobile | 4 | | Telecommunications Sourcing Conformity
Act.
| 5 | | (c) Upon the passage of an ordinance to impose a surcharge | 6 | | under this
Section the clerk of the municipality or county | 7 | | shall certify the question
of whether the surcharge may be | 8 | | imposed to the proper election authority
who shall submit the | 9 | | public question to the electors of the municipality or
county | 10 | | in accordance with the general election law; provided that such
| 11 | | question shall not be submitted at a consolidated primary | 12 | | election. The
public question shall be in substantially the | 13 | | following form:
| 14 | | -------------------------------------------------------------
| 15 | | Shall the county (or city, village
| 16 | | or incorporated town) of ..... impose YES
| 17 | | a surcharge of up to ...˘ per month per
| 18 | | network connection, which surcharge will
| 19 | | be added to the monthly bill you receive ------------------
| 20 | | for telephone or telecommunications
| 21 | | charges, for the purpose of installing
| 22 | | (or improving) a 9-1-1 Emergency NO
| 23 | | Telephone System?
| 24 | | -------------------------------------------------------------
| 25 | | If a majority of the votes cast upon the public question | 26 | | are in favor
thereof, the surcharge shall be imposed.
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| 1 | | However, if a Joint Emergency Telephone System Board is to | 2 | | be created
pursuant to an intergovernmental agreement under | 3 | | Section 15.4, the
ordinance to impose the surcharge shall be | 4 | | subject to the approval of a
majority of the total number of | 5 | | votes cast upon the public question by the
electors of all of | 6 | | the municipalities or counties, or combination thereof,
that | 7 | | are parties to the intergovernmental agreement.
| 8 | | The referendum requirement of this subsection (c) shall not | 9 | | apply
to any municipality with a population over 500,000 or to | 10 | | any
county in which a proposition as to whether a sophisticated | 11 | | 9-1-1 Emergency
Telephone System should be installed in the | 12 | | county, at a cost not to
exceed a specified monthly amount per | 13 | | network connection, has previously
been approved by a majority | 14 | | of the electors of the county voting on the
proposition at an | 15 | | election conducted before the effective date of this
amendatory | 16 | | Act of 1987.
| 17 | | (d) A county may not impose a surcharge, unless requested | 18 | | by a
municipality, in any incorporated area which has | 19 | | previously approved a
surcharge as provided in subsection (c) | 20 | | or in any incorporated area where
the corporate authorities of | 21 | | the municipality have previously entered into
a binding | 22 | | contract or letter of intent with a telecommunications carrier | 23 | | to
provide sophisticated 9-1-1 service through municipal | 24 | | funds.
| 25 | | (e) A municipality or county may at any time by ordinance | 26 | | change the
rate of the surcharge imposed under this Section if |
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| 1 | | the new rate does not
exceed the rate specified in the | 2 | | referendum held pursuant to subsection (c).
| 3 | | (f) The surcharge authorized by this Section shall be | 4 | | collected from
the subscriber by the telecommunications | 5 | | carrier providing the subscriber
the network connection as a | 6 | | separately stated item on the subscriber's bill.
| 7 | | (g) The amount of surcharge collected by the | 8 | | telecommunications carrier
shall be paid to the particular | 9 | | municipality or county or Joint Emergency
Telephone System | 10 | | Board not later than 30 days after the surcharge is
collected, | 11 | | net of any network or other 9-1-1 or sophisticated 9-1-1 system
| 12 | | charges then due the particular telecommunications carrier, as | 13 | | shown on an
itemized bill. The telecommunications carrier | 14 | | collecting the surcharge
shall also be entitled to deduct 3% of | 15 | | the gross amount of surcharge
collected to reimburse the | 16 | | telecommunications carrier for the expense of
accounting and | 17 | | collecting the surcharge.
| 18 | | (h) Except as expressly provided in subsection (a) of this | 19 | | Section, on or after the effective date of this amendatory Act | 20 | | of the 98th General Assembly and until December 31, 2017, a | 21 | | municipality with a population of 500,000 or more shall not | 22 | | impose a monthly surcharge per network connection in excess of | 23 | | the highest monthly surcharge imposed as of January 1, 2014 by | 24 | | any county or municipality under subsection (c) of this | 25 | | Section. Beginning January 1, 2018 and until December 31, 2021 | 26 | | 2020 , a municipality with a population over 500,000 may not |
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| 1 | | impose a monthly surcharge in excess of $5.00 per network | 2 | | connection. On or after January 1, 2022 2021 , a
municipality | 3 | | with a population over 500,000 may not impose a
monthly | 4 | | surcharge in excess of $2.50
per network connection.
| 5 | | (i) Any municipality or county or joint emergency telephone | 6 | | system
board that has imposed a surcharge pursuant to this | 7 | | Section prior to the
effective date of this amendatory Act of | 8 | | 1990 shall hereafter impose the
surcharge in accordance with | 9 | | subsection (b) of this Section.
| 10 | | (j) The corporate authorities of any municipality or county | 11 | | may issue,
in accordance with Illinois law, bonds, notes or | 12 | | other obligations secured
in whole or in part by the proceeds | 13 | | of the surcharge described in this
Section.
The State of | 14 | | Illinois pledges and agrees that it will not limit or alter
the | 15 | | rights and powers vested in municipalities and counties by this | 16 | | Section
to impose the surcharge so as to impair the terms of or | 17 | | affect the
security for bonds, notes or other obligations | 18 | | secured in whole or in part
with the proceeds of the surcharge | 19 | | described in this Section. The pledge and agreement set forth | 20 | | in this Section survive the termination of the surcharge under | 21 | | subsection (l) by virtue of the replacement of the surcharge | 22 | | monies guaranteed under Section 20; the State of Illinois | 23 | | pledges and agrees that it will not limit or alter the rights | 24 | | vested in municipalities and counties to the surcharge | 25 | | replacement funds guaranteed under Section 20 so as to impair | 26 | | the terms of or affect the security for bonds, notes or other |
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| 1 | | obligations secured in whole or in part with the proceeds of | 2 | | the surcharge described in this Section.
| 3 | | (k) Any surcharge collected by or imposed on a | 4 | | telecommunications
carrier pursuant to this Section shall be | 5 | | held to be a special fund in
trust for the municipality, county | 6 | | or Joint Emergency Telephone Board
imposing the surcharge. | 7 | | Except for the 3% deduction provided in subsection
(g) above, | 8 | | the special fund shall not be subject to the claims of
| 9 | | creditors of the telecommunication carrier.
| 10 | | (l) Any surcharge imposed pursuant to this Section by a | 11 | | county or municipality, other than a municipality with a | 12 | | population in excess of 500,000, shall cease to be imposed on | 13 | | January 1, 2016. | 14 | | (Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
| 15 | | (50 ILCS 750/15.3a) | 16 | | (Section scheduled to be repealed on December 31, 2020) | 17 | | Sec. 15.3a. Local wireless surcharge. | 18 | | (a) Notwithstanding any other provision of this Act, a unit | 19 | | of local government or emergency telephone system board | 20 | | providing wireless 9-1-1 service and imposing and collecting a | 21 | | wireless carrier surcharge prior to July 1, 1998 may continue | 22 | | its practices of imposing and collecting its wireless carrier | 23 | | surcharge, but, except as provided in subsection (b) of this | 24 | | Section, in no event shall that monthly surcharge exceed $2.50 | 25 | | per commercial mobile radio service (CMRS) connection or |
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| 1 | | in-service telephone number billed on a monthly basis. For | 2 | | mobile telecommunications services provided on and after | 3 | | August 1, 2002, any surcharge imposed shall be imposed based | 4 | | upon the municipality or county that encompasses the customer's | 5 | | place of primary use as defined in the Mobile | 6 | | Telecommunications Sourcing Conformity Act. | 7 | | (b) Until December 31, 2017, the corporate authorities of a | 8 | | municipality with a population in excess of 500,000 on the | 9 | | effective date of this amendatory Act of the 99th General | 10 | | Assembly may by ordinance continue to impose and collect a | 11 | | monthly surcharge per commercial mobile radio service (CMRS) | 12 | | connection or in-service telephone number billed on a monthly | 13 | | basis that does not exceed the highest monthly surcharge | 14 | | imposed as of January 1, 2014 by any county or municipality | 15 | | under subsection (c) of Section 15.3 of this Act. Beginning | 16 | | January 1, 2018, and until December 31, 2021 2020 , a | 17 | | municipality with a population in excess of 500,000 may by | 18 | | ordinance continue to impose and collect a monthly surcharge | 19 | | per commercial mobile radio service (CMRS) connection or | 20 | | in-service telephone number billed on a monthly basis that does | 21 | | not exceed $5.00. On or after January 1, 2022 2021 , the | 22 | | municipality may continue imposing and collecting its wireless | 23 | | carrier surcharge as provided in and subject to the limitations | 24 | | of subsection (a) of this Section. | 25 | | (c) In addition to any other lawful purpose, a municipality | 26 | | with a population over 500,000 may use the moneys collected |
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| 1 | | under this Section for any anti-terrorism or emergency | 2 | | preparedness measures, including, but not limited to, | 3 | | preparedness planning, providing local matching funds for | 4 | | federal or State grants, personnel training, and specialized | 5 | | equipment, including surveillance cameras, as needed to deal | 6 | | with natural and terrorist-inspired emergency situations or | 7 | | events.
| 8 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.) | 9 | | (50 ILCS 750/15.6b) | 10 | | (Section scheduled to be repealed on December 31, 2020) | 11 | | Sec. 15.6b. Next Generation 9-1-1 service. | 12 | | (a) The Administrator, with the advice and recommendation | 13 | | of the Statewide 9-1-1 Advisory Board, shall develop and | 14 | | implement a plan for a statewide Next Generation 9-1-1 network. | 15 | | The Next Generation 9-1-1 network must be an Internet | 16 | | protocol-based platform that at a minimum provides: | 17 | | (1) improved 9-1-1 call delivery; | 18 | | (2) enhanced interoperability; | 19 | | (3) increased ease of communication between 9-1-1 | 20 | | service providers, allowing immediate transfer of 9-1-1 | 21 | | calls, caller information, photos, and other data | 22 | | statewide; | 23 | | (4) a hosted solution with redundancy built in; and | 24 | | (5) compliance with NENA Standards i3 Solution 08-003. | 25 | | (b) By July 1, 2016, the Administrator, with the advice and |
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| 1 | | recommendation of the Statewide 9-1-1 Advisory Board, shall | 2 | | design and issue a competitive request for a proposal to secure | 3 | | the services of a consultant to complete a feasibility study on | 4 | | the implementation of a statewide Next Generation 9-1-1 network | 5 | | in Illinois. By July 1, 2017, the consultant shall complete the | 6 | | feasibility study and make recommendations as to the | 7 | | appropriate procurement approach for developing a statewide | 8 | | Next Generation 9-1-1 network. | 9 | | (c) Within 12 months of the final report from the | 10 | | consultant under subsection (b) of this Section, the Department | 11 | | shall procure and finalize a contract with a vendor certified | 12 | | under Section 13-900 of the Public Utilities Act to establish a | 13 | | statewide Next Generation 9-1-1 network. By July 1, 2021 2020 , | 14 | | the vendor shall implement a Next Generation 9-1-1 network that | 15 | | allows 9-1-1 systems providing 9-1-1 service to Illinois | 16 | | residents to access the system utilizing their current | 17 | | infrastructure if it meets the standards adopted by the | 18 | | Department.
| 19 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.) | 20 | | (50 ILCS 750/30) | 21 | | (Section scheduled to be repealed on December 31, 2020) | 22 | | Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement. | 23 | | (a) A special fund in the State treasury known as the | 24 | | Wireless Service Emergency Fund shall be renamed the Statewide | 25 | | 9-1-1 Fund. Any appropriations made from the Wireless Service |
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| 1 | | Emergency Fund shall be payable from the Statewide 9-1-1 Fund. | 2 | | The Fund shall consist of the following: | 3 | | (1) 9-1-1 wireless surcharges assessed under the | 4 | | Wireless Emergency Telephone Safety Act. | 5 | | (2) 9-1-1 surcharges assessed under Section 20 of this | 6 | | Act. | 7 | | (3) Prepaid wireless 9-1-1 surcharges assessed under | 8 | | Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act. | 9 | | (4) Any appropriations, grants, or gifts made to the | 10 | | Fund. | 11 | | (5) Any income from interest, premiums, gains, or other | 12 | | earnings on moneys in the Fund. | 13 | | (6) Money from any other source that is deposited in or | 14 | | transferred to the Fund. | 15 | | (b) Subject to appropriation and availability of funds, the | 16 | | Department shall distribute the 9-1-1 surcharges monthly as | 17 | | follows: | 18 | | (1) From each surcharge collected and remitted under | 19 | | Section 20 of this Act: | 20 | | (A) $0.013 shall be distributed monthly in equal | 21 | | amounts to each County Emergency Telephone System | 22 | | Board or qualified governmental entity in counties | 23 | | with a population under 100,000 according to the most | 24 | | recent census data which is authorized to serve as a | 25 | | primary wireless 9-1-1 public safety answering point | 26 | | for the county and to provide wireless 9-1-1 service as |
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| 1 | | prescribed by subsection (b) of Section 15.6a of this | 2 | | Act, and which does provide such service. | 3 | | (B) $0.033 shall be transferred by the Comptroller | 4 | | at the direction of the Department to the Wireless | 5 | | Carrier Reimbursement Fund until June 30, 2017; from | 6 | | July 1, 2017 through June 30, 2018, $0.026 shall be | 7 | | transferred; from July 1, 2018 through June 30, 2019, | 8 | | $0.020 shall be transferred; from July 1, 2019, through | 9 | | June 30, 2020, $0.013 shall be transferred; from July | 10 | | 1, 2020 through June 30, 2021, $0.007 will be | 11 | | transferred; and after June 30, 2021, no transfer shall | 12 | | be made to the Wireless Carrier Reimbursement Fund. | 13 | | (C) Until December 31, 2017, $0.007 and on and | 14 | | after January 1, 2018, $0.017 shall be used to cover | 15 | | the Department's administrative costs. | 16 | | (D) Beginning January 1, 2018, until June 30, 2020, | 17 | | $0.12, and on and after July 1, 2020, $0.04 shall be | 18 | | used to make monthly proportional grants to the | 19 | | appropriate 9-1-1 Authority currently taking wireless | 20 | | 9-1-1 based upon the United States Postal Zip Code of | 21 | | the billing addresses of subscribers wireless | 22 | | carriers. | 23 | | (E) Until June 30, 2021 2020 , $0.05 shall be used | 24 | | by the Department for grants for NG9-1-1 expenses, with | 25 | | priority given to 9-1-1 Authorities that provide 9-1-1 | 26 | | service within the territory of a Large Electing |
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| 1 | | Provider as defined in Section 13-406.1 of the Public | 2 | | Utilities Act. | 3 | | (F) On and after July 1, 2020, $0.13 shall be used | 4 | | for the implementation of and continuing expenses for | 5 | | the Statewide NG9-1-1 system. | 6 | | (2) After disbursements under paragraph (1) of this | 7 | | subsection (b), all remaining funds in the Statewide 9-1-1 | 8 | | Fund shall be disbursed in the following priority order: | 9 | | (A) The Fund shall pay monthly to: | 10 | | (i) the 9-1-1 Authorities that imposed | 11 | | surcharges under Section 15.3 of this Act and were | 12 | | required to report to the Illinois Commerce | 13 | | Commission under Section 27 of the Wireless | 14 | | Emergency Telephone Safety Act on October 1, 2014, | 15 | | except a 9-1-1 Authority in a municipality with a | 16 | | population in excess of 500,000, an amount equal to | 17 | | the average monthly wireline and VoIP surcharge | 18 | | revenue attributable to the most recent 12-month | 19 | | period reported to the Department under that | 20 | | Section for the October 1, 2014 filing, subject to | 21 | | the power of the Department to investigate the | 22 | | amount reported and adjust the number by order | 23 | | under Article X of the Public Utilities Act, so | 24 | | that the monthly amount paid under this item | 25 | | accurately reflects one-twelfth of the aggregate | 26 | | wireline and VoIP surcharge revenue properly |
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| 1 | | attributable to the most recent 12-month period | 2 | | reported to the Commission; or | 3 | | (ii) county qualified governmental entities | 4 | | that did not impose a surcharge under Section 15.3 | 5 | | as of December 31, 2015, and counties that did not | 6 | | impose a surcharge as of June 30, 2015, an amount | 7 | | equivalent to their population multiplied by .37 | 8 | | multiplied by the rate of $0.69; counties that are | 9 | | not county qualified governmental entities and | 10 | | that did not impose a surcharge as of December 31, | 11 | | 2015, shall not begin to receive the payment | 12 | | provided for in this subsection until E9-1-1 and | 13 | | wireless E9-1-1 services are provided within their | 14 | | counties; or | 15 | | (iii) counties without 9-1-1 service that had | 16 | | a surcharge in place by December 31, 2015, an | 17 | | amount equivalent to their population multiplied | 18 | | by .37 multiplied by their surcharge rate as | 19 | | established by the referendum. | 20 | | (B) All 9-1-1 network costs for systems outside of | 21 | | municipalities with a population of at least 500,000 | 22 | | shall be paid by the Department directly to the | 23 | | vendors. | 24 | | (C) All expenses incurred by the Administrator and | 25 | | the Statewide 9-1-1 Advisory Board and costs | 26 | | associated with procurement under Section 15.6b |
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| 1 | | including requests for information and requests for | 2 | | proposals. | 3 | | (D) Funds may be held in reserve by the Statewide | 4 | | 9-1-1 Advisory Board and disbursed by the Department | 5 | | for grants under Section 15.4b of this Act and for | 6 | | NG9-1-1 expenses up to $12.5 million per year in State | 7 | | fiscal years 2016 and 2017; up to $20 million in State | 8 | | fiscal year 2018; up to $20.9 million in State fiscal | 9 | | year 2019; up to $15.3 million in State fiscal year | 10 | | 2020; up to $16.2 million in State fiscal year 2021; up | 11 | | to $23.1 million in State fiscal year 2022; and up to | 12 | | $17.0 million per year for State fiscal year 2023 and | 13 | | each year thereafter. The amount held in reserve in | 14 | | State fiscal years 2018 and 2019 shall not be less than | 15 | | $6.5 million. Disbursements under this subparagraph | 16 | | (D) shall be prioritized as follows: (i) consolidation | 17 | | grants prioritized under subsection (a) of Section | 18 | | 15.4b of this Act; (ii) NG9-1-1 expenses; and (iii) | 19 | | consolidation grants under Section 15.4b of this Act | 20 | | for consolidation expenses incurred between January 1, | 21 | | 2010, and January 1, 2016. | 22 | | (E) All remaining funds per remit month shall be | 23 | | used to make monthly proportional grants to the | 24 | | appropriate 9-1-1 Authority currently taking wireless | 25 | | 9-1-1 based upon the United States Postal Zip Code of | 26 | | the billing addresses of subscribers of wireless |
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| 1 | | carriers. | 2 | | (c) The moneys deposited into the Statewide 9-1-1 Fund | 3 | | under this Section shall not be subject to administrative | 4 | | charges or chargebacks unless otherwise authorized by this Act. | 5 | | (d) Whenever two or more 9-1-1 Authorities consolidate, the | 6 | | resulting Joint Emergency Telephone System Board shall be | 7 | | entitled to the monthly payments that had theretofore been made | 8 | | to each consolidating 9-1-1 Authority. Any reserves held by any | 9 | | consolidating 9-1-1 Authority shall be transferred to the | 10 | | resulting Joint Emergency Telephone System Board. Whenever a | 11 | | county that has no 9-1-1 service as of January 1, 2016 enters | 12 | | into an agreement to consolidate to create or join a Joint | 13 | | Emergency Telephone System Board, the Joint Emergency | 14 | | Telephone System Board shall be entitled to the monthly | 15 | | payments that would have otherwise been paid to the county if | 16 | | it had provided 9-1-1 service.
| 17 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.) | 18 | | (50 ILCS 750/99) | 19 | | (Section scheduled to be repealed on December 31, 2020) | 20 | | Sec. 99. Repealer. This Act is repealed on December 31, | 21 | | 2021 2020 .
| 22 | | (Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.) | 23 | | Section 30. The Public Utilities Act is amended by changing | 24 | | Sections 13-1200, 21-401, and 21-1601 as follows: |
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| 1 | | (220 ILCS 5/13-1200) | 2 | | (Section scheduled to be repealed on December 31, 2020) | 3 | | Sec. 13-1200. Repealer. This Article is repealed December | 4 | | 31, 2021 2020 . | 5 | | (Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.) | 6 | | (220 ILCS 5/21-401) | 7 | | (Section scheduled to be repealed on December 31, 2020) | 8 | | Sec. 21-401. Applications. | 9 | | (a)(1) A person or entity seeking to provide cable service | 10 | | or video service pursuant to this Article shall not use the | 11 | | public rights-of-way for the installation or construction of | 12 | | facilities for the provision of cable service or video service | 13 | | or offer cable service or video service until it has obtained a | 14 | | State-issued authorization to offer or provide cable or video | 15 | | service under this Section, except as provided for in item (2) | 16 | | of this subsection (a). All cable or video providers offering | 17 | | or providing service in this State shall have authorization | 18 | | pursuant to either (i) the Cable and Video Competition Law of | 19 | | 2007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the | 20 | | Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section | 21 | | 5-1095 of the Counties Code (55 ILCS 5/5-1095). | 22 | | (2) Nothing in this Section shall prohibit a local unit of | 23 | | government from granting a permit to a person or entity for the | 24 | | use of the public rights-of-way to install or construct |
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| 1 | | facilities to provide cable service or video service, at its | 2 | | sole discretion. No unit of local government shall be liable | 3 | | for denial or delay of a permit prior to the issuance of a | 4 | | State-issued authorization. | 5 | | (b) The application to the Commission for State-issued | 6 | | authorization shall contain a completed affidavit submitted by | 7 | | the applicant and signed by an officer or general partner of | 8 | | the applicant affirming all of the following: | 9 | | (1) That the applicant has filed or will timely file | 10 | | with the Federal Communications Commission all forms | 11 | | required by that agency in advance of offering cable | 12 | | service or video service in this State. | 13 | | (2) That the applicant agrees to comply with all | 14 | | applicable federal and State statutes and regulations. | 15 | | (3) That the applicant agrees to comply with all | 16 | | applicable local unit of government regulations. | 17 | | (4) An exact description of the cable service or video | 18 | | service area where the cable service or video service will | 19 | | be offered during the term of the State-issued | 20 | | authorization. The service area shall be identified in | 21 | | terms of either (i) exchanges, as that term is defined in | 22 | | Section 13-206 of this Act; (ii) a collection of United | 23 | | States Census Bureau Block numbers (13 digit); (iii) if the | 24 | | area is smaller than the areas identified in either (i) or | 25 | | (ii), by geographic information system digital boundaries | 26 | | meeting or exceeding national map accuracy standards; or |
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| 1 | | (iv) local unit of government. The description shall | 2 | | include the number of low-income households within the | 3 | | service area or footprint. If an applicant is an incumbent | 4 | | cable operator, the incumbent cable operator and any | 5 | | successor-in-interest shall be obligated to provide access | 6 | | to cable services or video services within any local units | 7 | | of government at the same levels required by the local | 8 | | franchising authorities for the local unit of government on | 9 | | June 30, 2007
(the effective date of Public Act 95-9),
and | 10 | | its application shall provide a description of an area no | 11 | | smaller than the service areas contained in its franchise | 12 | | or franchises
within the jurisdiction of the local unit of | 13 | | government in which it seeks to offer cable or video | 14 | | service. | 15 | | (5) The location and telephone number of the | 16 | | applicant's principal place of business within this State | 17 | | and the names of the applicant's principal executive | 18 | | officers who are responsible for communications concerning | 19 | | the application and the services to be offered pursuant to | 20 | | the application, the applicant's legal name, and any name | 21 | | or names under which the applicant does or will provide | 22 | | cable services or video services in this State. | 23 | | (6) A certification that the applicant has | 24 | | concurrently delivered a copy of the application to all | 25 | | local units of government that include all or any part of | 26 | | the service area identified in item (4) of this subsection |
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| 1 | | (b)
within such local unit of government's jurisdictional | 2 | | boundaries. | 3 | | (7) The expected date that cable service or video | 4 | | service will be initially offered in the area identified in | 5 | | item (4) of this subsection (b). In the event that a holder | 6 | | does not offer cable services or video services within 3
| 7 | | months after the expected date, it shall amend its | 8 | | application and update the expected date service will be | 9 | | offered and explain the delay in offering cable services or | 10 | | video services. | 11 | | (8) For any entity that received State-issued | 12 | | authorization prior to this amendatory Act of the 98th | 13 | | General Assembly as a cable operator and that intends to | 14 | | proceed as a cable operator under this Article, the entity | 15 | | shall file a written affidavit with the Commission and | 16 | | shall serve a copy of the affidavit with any local units of | 17 | | government affected by the authorization within 30 days | 18 | | after the effective date of this amendatory Act of the 98th | 19 | | General Assembly stating that the holder will be providing | 20 | | cable service under the State-issued authorization. | 21 | | The application shall include adequate assurance that the | 22 | | applicant possesses the financial, managerial, legal, and | 23 | | technical qualifications necessary to construct and operate | 24 | | the proposed system, to promptly repair any damage to the | 25 | | public right-of-way caused by the applicant, and to pay the | 26 | | cost of removal of its facilities. To accomplish these |
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| 1 | | requirements, the applicant may, at the time the applicant | 2 | | seeks to use the public rights-of-way in that jurisdiction, be | 3 | | required by the State of Illinois or
later be required by the | 4 | | local unit of government, or both, to post a bond, produce a | 5 | | certificate of insurance, or otherwise demonstrate its | 6 | | financial responsibility. | 7 | | The application shall include the applicant's general | 8 | | standards related to customer service required by Section | 9 | | 22-501 of this Act, which shall include, but not be limited to, | 10 | | installation, disconnection, service and repair obligations; | 11 | | appointment hours; employee ID requirements; customer service | 12 | | telephone numbers and hours; procedures for billing, charges, | 13 | | deposits, refunds, and credits; procedures for termination of | 14 | | service; notice of deletion of programming service and changes | 15 | | related to transmission of programming or changes or increases | 16 | | in rates; use and availability of parental control or lock-out | 17 | | devices; complaint procedures and procedures for bill dispute | 18 | | resolution and a description of the rights and remedies | 19 | | available to consumers if the holder does not materially meet | 20 | | their customer service standards; and special services for | 21 | | customers with visual, hearing, or mobility disabilities. | 22 | | (c)(1) The applicant may designate information that it | 23 | | submits in its application or subsequent reports as | 24 | | confidential or proprietary, provided that the applicant | 25 | | states the reasons the confidential designation is necessary. | 26 | | The Commission shall provide adequate protection for such |
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| 1 | | information pursuant to Section 4-404 of this Act. If the | 2 | | Commission, a local unit of government, or any other party | 3 | | seeks public disclosure of information designated as | 4 | | confidential, the Commission shall consider the confidential | 5 | | designation in a proceeding under the Illinois Administrative | 6 | | Procedure
Act, and the burden of proof to demonstrate that the | 7 | | designated information is confidential shall be upon the | 8 | | applicant. Designated information shall remain confidential | 9 | | pending the Commission's determination of whether the | 10 | | information is entitled to confidential treatment. Information | 11 | | designated as confidential shall be provided to local units of | 12 | | government for purposes of assessing compliance with this | 13 | | Article as permitted under a Protective Order issued by the | 14 | | Commission pursuant to the Commission's rules and to the | 15 | | Attorney General pursuant to Section 6.5 of the Attorney | 16 | | General Act
(15 ILCS 205/6.5). Information designated as | 17 | | confidential under this Section or determined to be | 18 | | confidential upon Commission review shall only be disclosed | 19 | | pursuant to a valid and enforceable subpoena or court order or | 20 | | as required by the Freedom of Information Act. Nothing herein | 21 | | shall delay the application approval timeframes set forth in | 22 | | this Article. | 23 | | (2) Information regarding the location of video services | 24 | | that have been or are being offered to the public and aggregate | 25 | | information included in the reports required by this Article | 26 | | shall not be designated or treated as confidential. |
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| 1 | | (d)(1) The Commission shall post all applications it | 2 | | receives under this Article on its web site within 5
business | 3 | | days. | 4 | | (2) The Commission shall notify an applicant for a cable | 5 | | service or video service authorization whether the applicant's | 6 | | application and affidavit are complete on or before the 15th | 7 | | business day after the applicant submits the application. If | 8 | | the application and affidavit are not complete, the Commission | 9 | | shall state in its notice all of the reasons the application or | 10 | | affidavit are incomplete, and the applicant shall resubmit a | 11 | | complete application. The Commission shall have 30 days after | 12 | | submission by the applicant of a complete application and | 13 | | affidavit to issue the service authorization. If the Commission | 14 | | does not notify the applicant regarding the completeness of the | 15 | | application and affidavit or issue the service authorization | 16 | | within the time periods required under this subsection, the | 17 | | application and affidavit shall be considered complete and the | 18 | | service authorization issued upon the expiration of the 30th | 19 | | day. | 20 | | (e) Any authorization issued by the Commission will expire | 21 | | on December 31, 2024 2023 and shall contain or include all of | 22 | | the following: | 23 | | (1) A grant of authority, including an authorization | 24 | | issued prior to this amendatory Act of the 98th General | 25 | | Assembly, to provide cable service or video service in the | 26 | | service area footprint as requested in the application, |
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| 1 | | subject to the provisions of this Article in existence on | 2 | | the date the grant of authority was issued, and any | 3 | | modifications to this Article enacted at any time prior to | 4 | | the date in Section 21-1601 of this Act, and to the laws of | 5 | | the State and the ordinances, rules, and regulations of the | 6 | | local units of government. | 7 | | (2) A grant of authority to use, occupy, and construct | 8 | | facilities in the public rights-of-way for the delivery of | 9 | | cable service or video service in the service area | 10 | | footprint, subject to the laws, ordinances, rules, or | 11 | | regulations of this State and local units of governments. | 12 | | (3) A statement that the grant of authority is subject | 13 | | to lawful operation of the cable service or video service | 14 | | by the applicant, its affiliated entities, or its | 15 | | successors-in-interest. | 16 | | (e-5) The Commission shall notify a local unit of | 17 | | government within 3
business days of the grant of any | 18 | | authorization within a service area footprint if that | 19 | | authorization includes any part of the local unit of | 20 | | government's jurisdictional boundaries and state whether the | 21 | | holder will be providing video service or cable service under | 22 | | the authorization. | 23 | | (f) The authorization issued pursuant to this Section
by | 24 | | the Commission may be transferred to any successor-in-interest | 25 | | to the applicant to which it is initially granted without | 26 | | further Commission action if the successor-in-interest (i) |
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| 1 | | submits an application and the information required by | 2 | | subsection (b) of this Section
for the successor-in-interest | 3 | | and (ii) is not in violation of this Article or of any federal, | 4 | | State, or local law, ordinance, rule, or regulation. A | 5 | | successor-in-interest shall file its application and notice of | 6 | | transfer with the Commission and the relevant local units of | 7 | | government no less than 15
business days prior to the | 8 | | completion of the transfer. The Commission is not required or | 9 | | authorized to act upon the notice of transfer; however, the | 10 | | transfer is not effective until the Commission approves the | 11 | | successor-in-interest's application. A local unit of | 12 | | government or the Attorney General may seek to bar a transfer | 13 | | of ownership by filing suit in a court of competent | 14 | | jurisdiction predicated on the existence of a material and | 15 | | continuing breach of this Article by the holder, a pattern of | 16 | | noncompliance with customer service standards by the potential | 17 | | successor-in-interest, or the insolvency of the potential | 18 | | successor-in-interest. If a transfer is made when there are | 19 | | violations of this Article or of any federal, State, or local | 20 | | law, ordinance, rule, or regulation, the successor-in-interest | 21 | | shall be subject to 3
times the penalties provided for in this | 22 | | Article. | 23 | | (g) The authorization issued pursuant to this Section by | 24 | | the Commission may be terminated, or its cable service or video | 25 | | service area footprint may be modified, by the cable service | 26 | | provider or video service provider by submitting notice to the |
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| 1 | | Commission and to the relevant local unit of government | 2 | | containing a description of the change on the same terms as the | 3 | | initial description pursuant to item (4) of subsection (b) of | 4 | | this Section. The Commission is not required or authorized to | 5 | | act upon that notice. It shall be a violation of this Article | 6 | | for a holder to discriminate against potential residential | 7 | | subscribers because of the race or income of the residents in | 8 | | the local area in which the group resides by terminating or | 9 | | modifying its cable service or video service area footprint. It | 10 | | shall be a violation of this Article for a holder to terminate | 11 | | or modify its cable service or video service area footprint if | 12 | | it leaves an area with no cable service or video service from | 13 | | any provider. | 14 | | (h) The Commission's authority to administer this Article | 15 | | is limited to the powers and duties explicitly provided under | 16 | | this Article. Its authority under this Article does not include | 17 | | or limit the powers and duties that the Commission has under | 18 | | the other Articles of this Act, the Illinois Administrative | 19 | | Procedure Act,
or any other law or regulation to conduct | 20 | | proceedings, other than as provided in subsection (c), or has | 21 | | to promulgate rules or regulations. The Commission shall not | 22 | | have the authority to limit or expand the obligations and | 23 | | requirements provided in this Section or to regulate or control | 24 | | a person or entity to the extent that person or entity is | 25 | | providing cable service or video service, except as provided in | 26 | | this Article.
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| 1 | | (Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.) | 2 | | (220 ILCS 5/21-1601) | 3 | | (Section scheduled to be repealed on December 31, 2020)
| 4 | | Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of | 5 | | this Article are repealed December 31, 2021 2020 .
| 6 | | (Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.) | 7 | | Section 35. The Mercury Thermostat Collection Act is | 8 | | amended by changing Section 55 as follows: | 9 | | (415 ILCS 98/55) | 10 | | (Section scheduled to be repealed on January 1, 2021)
| 11 | | Sec. 55. Repealer. This Act is repealed on January 1, 2022 | 12 | | 2021 .
| 13 | | (Source: P.A. 96-1295, eff. 7-26-10.) | 14 | | Section 40. The Transportation Network Providers Act is | 15 | | amended by changing Section 34 as follows: | 16 | | (625 ILCS 57/34) | 17 | | (Section scheduled to be repealed on June 1, 2020) | 18 | | Sec. 34. Repeal. This Act is repealed on June 1, 2021 2020 .
| 19 | | (Source: P.A. 99-56, eff. 7-16-15.) | 20 | | Section 45. The Mechanics Lien Act is amended by changing |
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| 1 | | Section 6 as follows:
| 2 | | (770 ILCS 60/6) (from Ch. 82, par. 6)
| 3 | | Sec. 6.
In no event shall it be necessary to fix or | 4 | | stipulate in any
contract a time for the completion or a time | 5 | | for payment in order to obtain
a lien under this Act, provided, | 6 | | that the work is done or material
furnished within three years | 7 | | from the commencement of said work or the
commencement of | 8 | | furnishing said material in the case of work done or material | 9 | | furnished as to residential property; and within 5 years from | 10 | | the commencement of said work or the commencement of furnishing | 11 | | said material in the case of work done or material furnished as | 12 | | to any other type of property. The changes made by Public Act | 13 | | 97-966 are operative from January 1, 2013 through December 31, | 14 | | 2021 2020 .
| 15 | | (Source: P.A. 99-852, eff. 8-19-16.)
| 16 | | Section 50. "An Act concerning employment", approved | 17 | | August 9, 2019 (Public Act 101-221), is amended by changing | 18 | | Section 99-99 as follows: | 19 | | (P.A. 101-221, Sec. 99-99)
| 20 | | Sec. 99-99. Effective date. This Act takes effect January | 21 | | 1, 2020, except that: (i) Article 5 takes effect March 1, 2021 | 22 | | July 1, 2020 ; and (ii) Article 6 and this Article take effect | 23 | | upon becoming law.
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| 1 | | (Source: P.A. 101-221.) | 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law. |
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