SB 1664 — PRIVATE DETECTIVES-SUNSET

AdvertisementExcept shallto includethe anyextent materialmodified disseminatedor supplemented by printedthe orspecific electronicprovisions meansof orthis media,Article, butArticles I through IV V, Sections 5-101, 5-106, 5-108, 5-110, 5-201, 5-202.1, 5-203, 8-301, 8-305, 8-501, 8-502, 8-503, 8-505, 8-509, 8-509.5, 8-510, 9-221, 9-222, 9-222.1, 9-222.2, 9-241, 9-250, and 9-252.1, and Article X of this Act are fully and equally applicable to the noncompetitive and competitive services of an Electing Provider and to competitive telecommunications rates and services, and the regulation thereof except that Section 5-109 shall notapply includeto athe licensee'sservices orof an agency'sElecting letterhead,Provider businessand cards,to competitive telecommunications rates and services only to the extent that the Commission requires annual reports authorized by Section 5-109, provided the telecommunications provider may use SB1664 Enrolled - 4 - LRB098 07471 MGM 37541 b generally accepted accounting practices or otheraccounting stationerysystems usedit uses for financial reporting purposes in routinethe businessannual correspondencereport, orand customaryexcept name,that address,Sections 8-505 and number9-250 typeshall listingsnot inapply ato telephonecompetitive directory.retail telecommunications services and Sections 8-501 and 9-241 shall not apply to competitive services;

"Alarmin system"addition, meansas anyto system,competitive includingtelecommunications anrates electronicand accessservices, controland system,the aregulation surveillancethereof, videoand system,with athe securityexception videoof system,competitive aretail burglartelecommunications alarmservice system,rates aand fireservices, alarmall system,rules anand emergencyregulations communicationmade system,by massa notificationtelecommunications system,carrier oraffecting any other electronic system that activates an audible, visible, remote, or recordedpertaining signalto thatits ischarges designed for the protection or detectionservice ofshall intrusion,be entry,just theft,and fire,reasonable. vandalism, escape, or trespass, or other electronic systems designed for the protection of life by indicating the existence of an emergency situation.

"AlarmAs system"of alsothe includeseffective andate emergencyof communicationthis systemamendatory Act of the 92nd General Assembly, Sections 4-202, 4-203, and a5-202 massof notificationthis system.Act shall cease to apply to telecommunications rates and services.

"Applicant" means a person or business applying for licensure, registration, or authorization under this Act as a fingerprint vendor, fingerprint vendor agency, locksmith, locksmith agency, private alarm contractor, private alarm contractor agency, private detective, private detective agency, private security contractor, or private security contractor agency.

Any applicant or person who holds himself or herself out as an applicant is considered a licensee or registrant for the purposes of enforcement, investigation, SB1664 Engrossed - 4 - LRB098 07471 MGM 37541 b hearings, and the Illinois Administrative Procedure Act.

"Armed employee" means a licensee or registered person who is employed by an agency licensed or an armed proprietary security force registered under this Act who carries a weapon while engaged in the performance of official duties within the course and scope of his or her employment during the hours and times the employee is scheduled to work or is commuting between his or her home or place of employment, provided that commuting is accomplished within one hour from departure from home or place of employment.

"Armed proprietary security force" means a security force made up of one 5 or more armed individuals employed by a private, commercial, or industrial operation or one or more armed individuals employed by a financial institution as security officers for the protection of persons or property.

"Board" means the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Board.

"Branch office" means a business location removed from the place of business for which an agency license has been issued, including, but not limited to, locations where active employee records that are required to be maintained under this Act are kept, where prospective new employees are processed, or where members of the public are invited in to transact business.

A branch office does not include an office or other facility located on the property of an existing client that is utilized solely for the benefit of that client and is not owned or SB1664 Engrossed - 5 - LRB098 07471 MGM 37541 b leased by the agency.

"Canine handler" means a person who uses or handles a trained dog to protect persons or property or to conduct investigations.

"Canine handler authorization card" means a card issued by the Department that authorizes the holder to use or handle a trained dog to protect persons or property or to conduct investigations during the performance of his or her duties as specified in this Act.

"Canine trainer" means a person who acts as a dog trainer for the purpose of training dogs to protect persons or property or to conduct investigations.

"Canine trainer authorization card" means a card issued by the Department that authorizes the holder to train a dog to protect persons or property or to conduct investigations during the performance of his or her duties as specified in this Act.

"Canine training facility" means a facility operated by a licensed private detective agency or private security contractor agency wherein dogs are trained for the purposes of protecting persons or property or to conduct investigations.

"Corporation" means an artificial person or legal entity created by or under the authority of the laws of a state, including without limitation a corporation, limited liability company, or any other legal entity.

"Department" means the Department of Financial and Professional Regulation.

SB1664 Engrossed - 6 - LRB098 07471 MGM 37541 b "Emergency communication system" means any system that communicates information about emergencies, including but not limited to fire, terrorist activities, shootings, other dangerous situations, accidents, and natural disasters.

"Employee" means a person who works for a person or agency that has the right to control the details of the work performed and is not dependent upon whether or not federal or state payroll taxes are withheld.

"Fingerprint vendor" means a person that offers, advertises, or provides services to fingerprint individuals, through electronic or other means, for the purpose of providing fingerprint images and associated demographic data to the Department of State Police for processing fingerprint based criminal history record information inquiries.

"Fingerprint vendor agency" means a person, firm, corporation, or other legal entity that engages in the fingerprint vendor business and employs, in addition to the fingerprint vendor licensee-in-charge, at least one other person in conducting that business.

"Fingerprint vendor licensee-in-charge" means a person who has been designated by a fingerprint vendor agency to be the licensee-in-charge of an agency who is a full-time management employee or owner who assumes sole responsibility for maintaining all records required by this Act and who assumes sole responsibility for assuring the licensed agency's compliance with its responsibilities as stated in this Act.

The SB1664 Engrossed - 7 - LRB098 07471 MGM 37541 b Department shall adopt rules mandating licensee-in-charge participation in agency affairs.

"Fire alarm system" means any system that is activated by an automatic or manual device in the detection of smoke, heat, or fire that activates an audible, visible, or remote signal requiring a response.

"Firearm control card" means a card issued by the Department that authorizes the holder, who has complied with the training and other requirements of this Act, to carry a weapon during the performance of his or her duties as specified in this Act.

"Firm" means an unincorporated business entity, including but not limited to proprietorships and partnerships.

"Licensee" means a person or business licensed under this Act as a fingerprint vendor, fingerprint vendor agency, locksmith, locksmith agency, private alarm contractor, private alarm contractor agency, private detective, private detective agency, private security contractor, or private security contractor agency.

Anyone who holds himself or herself out as a licensee or who is accused of unlicensed practice is considered a licensee for purposes of enforcement, investigation, hearings, and the Illinois Administrative Procedure Act.

"Locksmith" means a person who engages in a business or holds himself out to the public as providing a service that includes, but is not limited to, the servicing, installing, originating first keys, re-coding, repairing, maintaining, SB1664 Engrossed - 8 - LRB098 07471 MGM 37541 b manipulating, or bypassing of a mechanical or electronic locking device, access control or video surveillance system at premises, vehicles, safes, vaults, safe deposit boxes, or automatic teller machines.

"Locksmith agency" means a person, firm, corporation, or other legal entity that engages in the locksmith business and employs, in addition to the locksmith licensee-in-charge, at least one other person in conducting such business.

"Locksmith licensee-in-charge" means a person who has been designated by agency to be the licensee-in-charge of an agency, who is a full-time management employee or owner who assumes sole responsibility for maintaining all records required by this Act, and who assumes sole responsibility for assuring the licensed agency's compliance with its responsibilities as stated in this Act.

The Department shall adopt rules mandating licensee-in-charge participation in agency affairs.

"Mass notification system" means any system that is used to provide information and instructions to people in a building or other space using voice communications, including visible signals, text, graphics, tactile, or other communication methods.

"Peace officer" or "police officer" means a person who, by virtue of office or public employment, is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses.

Officers, agents, or employees of the SB1664 Engrossed - 9 - LRB098 07471 MGM 37541 b federal government commissioned by federal statute to make arrests for violations of federal laws are considered peace officers.

"Permanent employee registration card" means a card issued by the Department to an individual who has applied to the Department and meets the requirements for employment by a licensed agency under this Act.

"Person" means a natural person.

"Private alarm contractor" means a person who engages in a business that individually or through others undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to sell, install, design, monitor, maintain, alter, repair, replace, or service alarm and other security-related systems or parts thereof, including fire alarm systems, at protected premises or premises to be protected or responds to alarm systems at a protected premises on an emergency basis and not as a full-time security officer.

"Private alarm contractor" does not include a person, firm, or corporation that manufactures or sells alarm systems only from its place of business and does not sell, install, monitor, maintain, alter, repair, replace, service, or respond to alarm systems at protected premises or premises to be protected.

"Private alarm contractor agency" means a person, corporation, or other entity that engages in the private alarm contracting business and employs, in addition to the private alarm contractor-in-charge, at least one other person in SB1664 Engrossed - 10 - LRB098 07471 MGM 37541 b conducting such business.

"Private alarm contractor licensee-in-charge" means a person who has been designated by an agency to be the licensee-in-charge of an agency, who is a full-time management employee or owner who assumes sole responsibility for maintaining all records required by this Act, and who assumes sole responsibility for assuring the licensed agency's compliance with its responsibilities as stated in this Act.

The Department shall adopt rules mandating licensee-in-charge participation in agency affairs.

"Private detective" means any person who by any means, including, but not limited to, manual, canine odor detection, or electronic methods, engages in the business of, accepts employment to furnish, or agrees to make or makes investigations for a fee or other consideration to obtain information relating to:

(1) Crimes or wrongs done or threatened against the United States, any state or territory of the United States, or any local government of a state or territory.

(2) The identity, habits, conduct, business occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movements, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person, firm, or other entity by any means, manual or electronic.

(3) The location, disposition, or recovery of lost or SB1664 Engrossed - 11 - LRB098 07471 MGM 37541 b stolen property.

(4) The cause, origin, or responsibility for fires, accidents, or injuries to individuals or real or personal property.

(5) The truth or falsity of any statement or representation.

(6) Securing evidence to be used before any court, board, or investigating body.

(7) The protection of individuals from bodily harm or death (bodyguard functions).

(8) Service of process in criminal and civil proceedings without court order.

"Private detective agency" means a person, firm, corporation, or other legal entity that engages in the private detective business and employs, in addition to the licensee-in-charge, one or more persons in conducting such business.

"Private detective licensee-in-charge" means a person who has been designated by an agency to be the licensee-in-charge of an agency, who is a full-time management employee or owner who assumes sole responsibility for maintaining all records required by this Act, and who assumes sole responsibility for assuring the licensed agency's compliance with its responsibilities as stated in this Act.

The Department shall adopt rules mandating licensee-in-charge participation in agency affairs.

SB1664 Engrossed - 12 - LRB098 07471 MGM 37541 b "Private security contractor" means a person who engages in the business of providing a private security officer, watchman, patrol, guard dog, canine odor detection, or a similar service by any other title or name on a contractual basis for another person, firm, corporation, or other entity for a fee or other consideration and performing one or more of the following functions:

(1) The prevention or detection of intrusion, entry, theft, vandalism, abuse, fire, or trespass on private or governmental property.

(2) The prevention, observation, or detection of any unauthorized activity on private or governmental property.

(3) The protection of persons authorized to be on the premises of the person, firm, or other entity for which the security contractor contractually provides security services.

(4) The prevention of the misappropriation or concealment of goods, money, bonds, stocks, notes, documents, or papers.

(5) The control, regulation, or direction of the movement of the public for the time specifically required for the protection of property owned or controlled by the client.

(6) The protection of individuals from bodily harm or death (bodyguard functions).

"Private security contractor agency" means a person, firm, SB1664 Engrossed - 13 - LRB098 07471 MGM 37541 b corporation, or other legal entity that engages in the private security contractor business and that employs, in addition to the licensee-in-charge, one or more persons in conducting such business.

"Private security contractor licensee-in-charge" means a person who has been designated by an agency to be the licensee-in-charge of an agency, who is a full-time management employee or owner who assumes sole responsibility for maintaining all records required by this Act, and who assumes sole responsibility for assuring the licensed agency's compliance with its responsibilities as stated in this Act.

The Department shall adopt rules mandating licensee-in-charge participation in agency affairs.

"Public member" means a person who is not a licensee or related to a licensee, or who is not an employer or employee of a licensee.

The term "related to" shall be determined by the rules of the Department.

"Secretary" means the Secretary of the Department of Financial and Professional Regulation.

95-613,96-927, eff.

9-11-07;6-15-10.) (220 ILCS 5/13-501) (from Ch.

96-847,111 eff.2/3, par.

6-1-10;13-501) (Section scheduled to be repealed on July 1, 2013) Sec.

96-1445,13-501. eff.

8-20-10.)Tariff; (225 ILCS 447/5-15) (Section scheduled to be repealed on January 1, 2014) Sec.

5-15.filing.

Legislative(a) intent.No telecommunications carrier shall offer or provide noncompetitive telecommunications service, telecommunications service subject to subsection (g) of Section 13-506.2 or Section 13-900.1 or 13-900.2 of this Act, or telecommunications service referred to in an interconnection agreement as a tariffed service unless and until a tariff is filed with the Commission which describes the nature of the service, SB1664 Enrolled - 5 - LRB098 07471 MGM 37541 b applicable rates and other charges, terms and conditions of service, and the exchange, exchanges or other geographical area or areas in which the service shall be offered or provided.

The intentCommission ofmay prescribe the Generalform Assemblyof insuch enactingtariff this statute is to regulate persons, SB1664 Engrossed - 14 - LRB098 07471 MGM 37541 b corporations, and firmsany licensedadditional underdata thisor Actinformation forwhich theshall protectionbe ofincluded thetherein. public.

These(b) practicesAfter area declaredhearing regarding a telecommunications service subject to affectsubsection the(a) publicof health,this safety,Section, andthe welfareCommission andhas arethe subjectdiscretion to exclusiveimpose Statean regulationinterim andor licensure.permanent tariff on a telecommunications carrier as part of the order in the case.

ThisWhen Acta tariff is imposed as part of the order in a case, the tariff shall beremain construedin full force and effect until a compliance tariff, or superseding tariff, is filed by the telecommunications carrier and, after notice to carrythe outparties thesein purposes.the case and after a compliance hearing is held, is found by the Commission to be in compliance with the Commission's order.

(c) A telecommunications carrier shall offer or provide telecommunications service that is not subject to subsection (a) of this Section pursuant to either a tariff filed with the Commission or a written service offering that shall be available on the telecommunications carrier's website as required by Section 13-503 of this Act and that describes the nature of the service, applicable rates and other charges, terms and conditions of service.

Revenue from competitive retail telecommunications service received by a telecommunications carrier pursuant to either a tariff or a written service offering shall be gross revenue for purposes of SB1664 Enrolled - 6 - LRB098 07471 MGM 37541 b Section 2-202 of this Act.

93-438,92-22, eff.

8-5-03.)6-30-01.) (225(220 ILCS 447/10-25)5/13-501.5) (Section scheduled to be repealed on JanuaryJuly 1, 2014)2013) Sec.

10-25.13-501.5.

IssuanceDirectory ofassistance license;service for the blind.

renewal;A Within 180 days after the effective date of this amendatory Act of the 93rd General Assembly, a telecommunications carrier that provides directory assistance service shall provide in its tariffs or its written service offering pursuant to subsection (c) of Section 13-501 of this Act for that service that directory assistance shall be provided at no charge to its customers who are legally blind for telephone numbers of customers located within the same calling area, as described in the telecommunications carrier's tariff.

fees.

(a) The Department shall, upon the applicant's satisfactory completion of the requirements set forth in this Act and upon receipt of the fee, issue the license indicating the name and business location of the licensee and the date of expiration.

(b) An applicant may, upon satisfactory completion of the requirements set forth in this Act and upon receipt of fees related to the application and testing for licensure, elect to defer the issuance of the applicant's initial license for a period not longer than 3 6 years.

An applicant who fails to request issuance of his or her initial license or agency license and to remit the fees required for that license within 3 6 years shall be required to resubmit an application together with all required fees.

(c) The expiration date, renewal period, and conditions for renewal and restoration of each license, permanent employee SB1664 Engrossed - 15 - LRB098 07471 MGM 37541 b registration card, canine handler authorization card, canine trainer authorization card, and firearm control card shall be set by rule.

The holder may renew the license, permanent employee registration card, canine handler authorization card, canine trainer authorization card, or firearm control card during the 30 days preceding its expiration by paying the required fee and by meeting conditions that the Department may specify.

Any license holder who notifies the Department on forms prescribed by the Department may place his or her license on inactive status for a period of not longer than 3 6 years and shall, subject to the rules of the Department, be excused from payment of renewal fees until the license holder notifies the Department, in writing, of an intention to resume active status.

Practice while on inactive status constitutes unlicensed practice.

A non-renewed license that has lapsed for less than 3 6 years may be restored upon payment of the restoration fee and all lapsed renewal fees.

A license that has lapsed for more than 3 6 years may be restored by paying the required restoration fee and all lapsed renewal fees and by providing evidence of competence to resume practice satisfactory to the Department and the Board, which may include passing a written examination.

All restoration fees and lapsed renewal fees shall be waived for an applicant whose license lapsed while on active duty in the armed forces of the United States if application for restoration is made within 12 months after discharge from the service.

SB1664 Engrossed - 16 - LRB098 07471 MGM 37541 b Any person seeking renewal or restoration under this subsection (c) shall be subject to the continuing education requirements established pursuant to Section 10-27 of this Act.

(d) Any permanent employee registration card expired for less than one year may be restored upon payment of lapsed renewal fees.

Any permanent employee registration card expired for one year or more may be restored by making application to the Department and filing proof acceptable to the Department of the licensee's fitness to have the permanent employee registration card restored, including verification of fingerprint processing through the Department of State Police and Federal Bureau of Investigation and paying the restoration fee.

95-613,93-82, eff.

9-11-07.)7-2-03.) (225(220 ILCS 447/10-30)5/13-503) (Section(from scheduledCh. to be repealed on January 1, 2014) Sec.

10-30.111 2/3, par.

Unlawful13-503) acts.(Section scheduled to be repealed on July 1, 2013) Sec.

It13-503. is unlawful for a licensee or an employee of a licensed agency:

(1)Information Uponavailable termination of employment by the agency, to fail to return upon demand or within 72 hours of termination of employment any firearm issued by the employerpublic. together with the employee's firearm control card.

(2)With (Blank).respect to rates or other charges made, demanded, or received for any telecommunications service offered, provided, or to be provided, that is subject to subsection (a) of Section 13-501 of this Act whether such service is competitive or noncompetitive, telecommunications carriers shall comply with the publication and filing provisions of Sections 9-101, 9-102, SB1664 Enrolled - 7 - LRB098 07471 MGM 37541 b 9-102.1, and 9-201 of this Act 9-103.

UponExcept terminationfor ofthe employmentprovision byof theservices agency,offered toor failprovided toby returnpayphone withinproviders 72pursuant hoursto ofa terminationtariff, oftelecommunications SB1664Telecommunications Engrossedcarriers -shall 17make -all LRB098tariffs 07471and MGMall 37541written bservice employmentofferings anyfor uniform,competitive badge,telecommunications identificationservice card,available orelectronically equipmentto issued,the butpublic notwithout sold,requiring toa thepassword employeeor byother themeans agency.of registration.

(3)A Totelecommunications falsifycarrier's website shall, if applicable, provide in a conspicuous manner information on the employee'srates, statementcharges, requiredterms, byand thisconditions Act.of service available and a toll-free telephone number that may be used to contact an agent for assistance with obtaining rate or other charge information or the terms and conditions of service.

(4) To have a badge, shoulder patch, or any other identification that contains the words "law enforcement".

In addition, no license holder or employee of a licensed agency shall in any manner imply that the person is an employee or agent of a governmental agency or display a badge or identification card, emblem, or uniform citing the words "police", "sheriff", "highway patrol trooper", or "law enforcement".

A person who violates any provision of this Section shall be guilty of a Class A misdemeanor;

a person who commits a second or subsequent violation of these provisions is guilty of a Class 4 felony.

95-613,96-927, eff.

9-11-07.)6-15-10.) (225(220 ILCS 447/15-5)5/13-505) (Section(from scheduledCh. to be repealed on January 1, 2014) Sec.

15-5.111 2/3, par.

Exemptions;13-505) (Section scheduled to be repealed on July 1, 2013) Sec.

private13-505. detective.

TheRate provisionschanges; of this Act relating to the licensure of private detectives do not apply to any of the following:

(1)competitive Anservices. employee of the United States, Illinois, or a political subdivision of either while the employee is SB1664 Engrossed - 18 - LRB098 07471 MGM 37541 b engaged in the performance of his or her official duties within the scope of his or her employment.

However,Any anyproposed suchincrease personor whodecrease offersin hisrates or hercharges, servicesor asproposed achange privatein detectiveany classification, written service offering, or usestariff aresulting similarin titlean whenincrease theseor servicesdecrease arein performedrates or charges, for compensationa orcompetitive othertelecommunications consideration,service whethershall receivedbe directlypermitted upon the filing with the Commission or indirectly,posting ison subjectthe telecommunications carrier's website of the proposed rate, charge, classification, written service offering, or tariff pursuant to Section 13-501 of this Act.

(2)Notice Aof person,an firm,increase orSB1664 otherEnrolled entity- engaged8 exclusively- inLRB098 tracing07471 andMGM compiling37541 lineageb orshall ancestrybe whogiven, doesno notlater holdthan himselfthe orprior herselfbilling outcycle, to beall potentially affected customers by mail, publication in a privatenewspaper detective.of general circulation, or equivalent means of notice, including electronic if the customer has elected electronic billing.

(3)Additional Anotice personby engagedpublication exclusively in obtaininga andnewspaper furnishing information , including providing reports, as to the financial rating or creditworthiness of personsgeneral orcirculation amay personalso whobe providesgiven. reports in connection with (i) consumer credit transactions, (ii) information for employment purposes, or (iii) information for the underwriting of consumer insurance.

(4) Insurance adjusters employed or under contract as adjusters who engage in no other investigative activities other than those directly connected with adjustment of claims against an insurance company or a self-insured entity by which they are employed or with which they have a contract.

No insurance adjuster or company may use the term "investigation" or any derivative thereof, in its name or in its advertising.

(5) A person, firm, or other entity engaged in providing computer forensics services so long as the SB1664 Engrossed - 19 - LRB098 07471 MGM 37541 b person, firm, or other entity does not hold himself or herself out to be a private detective.

For the purposes of this item (5), "computer forensics services" means a branch of forensic science pertaining to the recovery and analysis of electronically stored information.

(6) A person employed as an investigator exclusively by only one employer in connection with the exclusive activities of that employer and who does not hold himself or herself out to be a private detective.

(7) A person appointed by the circuit court pursuant to the Code of Civil Procedure to make service of process in a specific case, provided that such person is not otherwise engaged in the business of serving process.

(8) A person appointed by the circuit court pursuant to the Code of Civil Procedure who is an honorably discharged veteran of the armed forces of the United States and is self-employed as a process server.

93-438,96-927, eff.

8-5-03.)6-15-10.) (225(220 ILCS 447/15-10)5/13-506.2) (Section scheduled to be repealed Januaryon July 1, 2014)2013) Sec.

15-10.13-506.2.

QualificationsMarket regulation for licensurecompetitive asretail aservices. private detective.

(a) ADefinitions. person is qualified for licensure as a private detective if he or she meets all of the following requirements:

(1)As Isused atin leastthis 21Section: years of age.

SB1664(1) Engrossed"Electing -Provider" 20means -a LRB098telecommunications 07471carrier MGMthat 37541is bsubject (2)to Haseither notrate beenregulation convictedpursuant ofto anySection felony13-504 inor anySection jurisdiction13-505 or atalternative leastregulation 10pursuant yearsto haveSection elapsed13-506.1 sinceand that elects to have the timerates, terms, and conditions of fullits dischargecompetitive fromretail atelecommunications sentenceservices imposedsolely fordetermined aand felonyregulated conviction.pursuant to the terms of this Article.

(3)(2) Is"Basic oflocal goodexchange moralservice" character.means either a stand-alone residence network access line and per-call usage or, for any geographic area in which such stand-alone service is not offered, a stand-alone flat rate residence network access line for which local calls are not charged for frequency or duration.

GoodExtended characterArea isService ashall continuingbe requirementSB1664 ofEnrolled licensure.- 9 - LRB098 07471 MGM 37541 b included in basic local exchange service.

Conviction(b) ofElection crimesfor othermarket thanregulation. felonies may be used in determining moral character, but shall not constitute an absolute bar to licensure, except where the applicant is a registered sex offender.

(4)Notwithstanding Hasany notother beenprovision declaredof bythis anyAct, courtan ofElecting competentProvider jurisdictionmay elect to behave incompetentthe byrates, reasonterms, and conditions of mentalits orcompetitive physicalretail defecttelecommunications orservices disease,solely unlessdetermined aand courtregulated haspursuant subsequentlyto declaredthe himterms orof herthis toSection beby competent.filing written notice of its election for market regulation with the Commission.

(5)The Isnotice notof sufferingelection fromshall dependencedesignate the geographic area of the Electing Provider's service territory where the market regulation shall apply, either on alcohola state-wide basis or fromin narcoticone addictionor more specified Market Service Areas ("MSA") or dependence.Exchange areas.

(6)An HasElecting aProvider minimumshall ofnot 3make yearsan experienceelection of the 5 years immediately preceding application working full-time for amarket licensedregulation privateunder detectivethis agencySection asunless ait registeredcommits privatein detectiveits agencywritten employeenotice or with 3 years experience of theelection 5 years immediately preceding his or her application employed as a full-time investigator for amarket licensedregulation attorney,to forfulfill an in-house investigative unit for a corporation having 100 or more employees, for any of the armedconditions forcesand ofrequirements thein Unitedthis States,Section or in aeach lawgeographic enforcementarea agencyin of the a federal government, a state, or a state SB1664 Engrossed - 21 - LRB098 07471 MGM 37541 b political subdivision, which shallmarket includeregulation ais state'selected. attorney's office or a public defender's office.

TheImmediately Boardupon andfiling the Departmentnotice shall approve such full-time investigator experience and may accept, in lieu of theelection experience requirement in this item (6), alternative experience working full-time for amarket privateregulation, detectivethe agencyElecting licensedProvider inshall anotherbe statesubject orto forthe ajurisdiction privateof detective agency in a state that does not license such agencies if the experienceCommission is substantially equivalent to thatthe gainedextent workingexpressly forprovided anin Illinoisthis licensedSection. private detective agency.

An(c) applicantCompetitive whoclassification. has a baccalaureate degree, or higher, in law enforcement or a related field or a business degree from an accredited college or university shall be given credit for 2 of the 3 years of the required experience.

AnMarket applicantregulation who has an associate degree in law enforcement or in a related field or in business from an accredited college or university shall only be givenavailable credit for onecompetitive ofretail thetelecommunications 3services yearsas ofprovided thein requiredthis experience.subsection.

An(1) applicantFor whogeographic hasareas completedin awhich non-degreetelecommunications militaryservices trainingprovided programby inthe lawElecting enforcementProvider were classified as competitive either through legislative action or a relatedtariff fieldfiling shallpursuant beto givenSection credit13-502 forprior oneto ofJanuary theSB1664 3Enrolled years- of10 the- requiredLRB098 experience07471 ifMGM the37541 Boardb 1, 2010, and that are included in the DepartmentElecting determineProvider's thatnotice of election pursuant to subsection (b) of this Section, such trainingservices, isand substantiallyall equivalentrecurring and nonrecurring charges associated with, related to thator receivedused in anconnection associatewith degreesuch program.services, shall be classified as competitive without further Commission review.

(7)For Hasservices notclassified beenas dishonorablycompetitive dischargedpursuant fromto this subsection, the armedrequirements forcesor ofconditions thein Unitedany Statesorder or hasdecision notrendered beenby dischargedthe fromCommission SB1664pursuant Engrossedto -Section 2213-502 -prior LRB098to 07471the MGMeffective 37541date bof athis lawamendatory enforcementAct agency of the United96th StatesGeneral orAssembly, ofexcept anyfor statethe commitments made by the Electing Provider in such order or decision concerning the optional packages required in subsection (d) of anythis politicalSection subdivisionand thereof,basic whichlocal exchange service as defined in this Section, shall includeno alonger state'sbe attorney'sin office,effect forand reasonsno relatingCommission toinvestigation, hisreview, or herproceeding conductunder asSection an13-502 employeeshall ofbe thatcontinued, lawconducted, enforcementor agency.maintained with respect to such services, charges, requirements, or conditions.

(8)(2) HasFor passedthose angeographic examinationareas authorizedin which residential local exchange telecommunications services have not been classified as competitive as of the effective date of this amendatory Act of the 96th General Assembly, all telecommunications services provided to residential and business end users by an Electing Provider in the Department.geographic area that is included in its notice of election pursuant to subsection (b) shall be classified as SB1664 Enrolled - 11 - LRB098 07471 MGM 37541 b competitive for purposes of this Article without further Commission review.

(9)(3) SubmitsIf hisan orElecting herProvider fingerprints,was proofpreviously subject to alternative regulation pursuant to Section 13-506.1 of havingthis generalArticle, liabilitythe insurancealternative requiredregulation underplan subsectionshall (b),terminate in whole for all services subject to that plan and be of no force or effect, without further Commission review or action, when the requiredElecting licenseProvider's fee.residential local exchange telecommunications service in each MSA in its telecommunications service area in the State has been classified as competitive pursuant to either subdivision (c)(1) or (c)(2) of this Section.

(10)(4) HasThe notservice violatedpackages described in Section 10-513-518 shall be classified as competitive for purposes of this Act.Section if offered by an Electing Provider in a geographic area in which local exchange telecommunications service has been classified as competitive pursuant to either subdivision (c)(1) or (c)(2) of this Section.

(b)(5) ItWhere a service, or its functional equivalent, or a substitute service offered by a carrier that is not an Electing Provider or the responsibilityincumbent local exchange carrier for that area is also being offered by an Electing Provider for some identifiable class or group of customers in an exchange, group of exchanges, or some other clearly defined geographical area, the applicantservice tooffered obtainby generala liabilitycarrier insurancethat inis not an amountElecting andProvider coverageor appropriatethe incumbent local exchange SB1664 Enrolled - 12 - LRB098 07471 MGM 37541 b carrier for thethat applicant'sarea circumstancesshall be classified as determinedcompetitive bywithout rule.further Commission review.

The(6) applicantNotwithstanding any other provision of this Act, retail telecommunications services classified as competitive pursuant to Section 13-502 or subdivision (c)(5) of this Section shall providehave evidencetheir rates, terms, and conditions solely determined and regulated pursuant to the terms of insurancethis Section in the same manner and to the Departmentsame beforeextent beingas issuedthe competitive retail telecommunications services of an Electing Provider, except that subsections (d), (g), and (j) of this Section shall not apply to a license.carrier that is not an Electing Provider or to the competitive telecommunications services of a carrier that is not an Electing Provider.

FailureThe toaccess maintainservices generalof liabilitya insurancecarrier andthat tois providenot thean DepartmentElecting withProvider written proof of the insurance shall resultremain insubject cancellationto ofSection the13-900.2. license without hearing.

(c)The Any person who has been providing canine odor detection services for hire prior to January 1, 2005 is exempt from the requirements ofin itemsubdivision (6)(e)(3) of subsection (a) of this Section andshall maynot beapply grantedto aretail privatetelecommunications detectiveservices licenseclassified ifas (i)competitive hepursuant orto sheSection meets13-502 theor requirementssubdivision of(c)(5) items (1) through (5) and items (7) through (10) of subsection (a) of this Section, (ii)except paysthat, allupon applicablerequest fees,from andthe (iii)Commission, presentsthe satisfactorytelecommunications evidencecarrier toproviding SB1664competitive Engrossedretail -telecommunications 23services -shall LRB098provide 07471a MGMreport 37541showing b the Departmentnumber of thecredits provisionand ofexemptions canine odor detection services for hirethe sincerequested Januarytime 1,period. 2005.

(d) Consumer choice safe harbor options.

(1) An Electing Provider in each of the MSA or Exchange SB1664 Enrolled - 13 - LRB098 07471 MGM 37541 b areas classified as competitive pursuant to subdivision (c)(1) or (c)(2) of this Section shall offer to all residential customers who choose to subscribe the following optional packages of services priced at the same rate levels in effect on January 1, 2010:

(A) A basic package, which shall consist of a stand-alone residential network access line and 30 local calls.

If the Electing Provider offers a stand-alone residential access line and local usage on a per call basis, the price for the basic package shall be the Electing Provider's applicable price in effect on January 1, 2010 for the sum of a residential access line and 30 local calls, additional calls over 30 calls shall be provided at the current per call rate.

However, this basic package is not required if stand-alone residential network access lines or per-call local usage are not offered by the Electing Provider in the geographic area on January 1, 2010 or if the Electing Provider has not increased its stand-alone network access line and local usage rates, including Extended Area Service rates, since January 1, 2010.

(B) An extra package, which shall consist of residential basic local exchange network access line and unlimited local calls.

The price for the extra package shall be the Electing Provider's applicable SB1664 Enrolled - 14 - LRB098 07471 MGM 37541 b price in effect on January 1, 2010 for a residential access line with unlimited local calls.

(C) A plus package, which shall consist of residential basic local exchange network access line, unlimited local calls, and the customer's choice of 2 vertical services offered by the Electing Provider.

The term "vertical services" as used in this subsection, includes, but is not limited to, call waiting, call forwarding, 3-way calling, caller ID, call tracing, automatic callback, repeat dialing, and voicemail.

The price for the plus package shall be the Electing Provider's applicable price in effect on January 1, 2010 for the sum of a residential access line with unlimited local calls and 2 times the average price for the vertical features included in the package.

(2) For those geographic areas in which local exchange telecommunications services were classified as competitive on the effective date of this amendatory Act of the 96th General Assembly, an Electing Provider in each such MSA or Exchange area shall be subject to the same terms and conditions as provided in commitments made by the Electing Provider in connection with such previous competitive classifications, which shall apply with equal force under this Section, except as follows:

(i) the limits on price increases on the optional packages required by this Section SB1664 Enrolled - 15 - LRB098 07471 MGM 37541 b shall be extended consistent with subsection (d)(1) of this Section and (ii) the price for the extra package required by subsection (d)(1)(B) shall be reduced by one dollar from the price in effect on January 1, 2010.

In addition, if an Electing Provider obtains a competitive classification pursuant to subsection (c)(1) and (c)(2), the price for the optional packages shall be determined in such area in compliance with subsection (d)(1), except the price for the plus package required by subsection (d)(1) (C) shall be the lower of the price for such area or the price of the plus package in effect on January 1, 2010 for areas classified as competitive pursuant to subsection (c)(1).

(3) To the extent that the requirements in Section 13-518 applied to a telecommunications carrier prior to the effective date of this Section and that telecommunications carrier becomes an Electing Provider in accordance with the provisions of this Section, the requirements in Section 13-518 shall cease to apply to that Electing Provider in those geographic areas included in the Electing Provider's notice of election pursuant to subsection (b) of this Section.

(4) An Electing Provider shall make the optional packages required by this subsection and stand-alone residential network access lines and local usage, where offered, readily available to the public by providing information, in a clear manner, to residential customers.

SB1664 Enrolled - 16 - LRB098 07471 MGM 37541 b Information shall be made available on a website, and an Electing Provider shall provide notification to its customers every 6 months, provided that notification may consist of a bill page message that provides an objective description of the safe harbor options that includes a telephone number and website address where the customer may obtain additional information about the packages from the Electing Provider.

The optional packages shall be offered on a monthly basis with no term of service requirement.

An Electing Provider shall allow online electronic ordering of the optional packages and stand-alone residential network access lines and local usage, where offered, on its website in a manner similar to the online electronic ordering of its other residential services.

(5) An Electing Provider shall comply with the Commission's existing rules, regulations, and notices in Title 83, Part 735 of the Illinois Administrative Code when offering or providing the optional packages required by this subsection (d) and stand-alone residential network access lines.

(6) An Electing Provider shall provide to the Commission semi-annual subscribership reports as of June 30 and December 31 that contain the number of its customers subscribing to each of the consumer choice safe harbor packages required by subsection (d)(1) of this Section and the number of its customers subscribing to retail SB1664 Enrolled - 17 - LRB098 07471 MGM 37541 b residential basic local exchange service as defined in subsection (a)(2) of this Section.

The first semi-annual reports shall be made on April 1, 2011 for December 31, 2010, and on September 1, 2011 for June 30, 2011, and semi-annually on April 1 and September 1 thereafter.

Such subscribership information shall be accorded confidential and proprietary treatment upon request by the Electing Provider.

(7) The Commission shall have the power, after notice and hearing as provided in this Article, upon complaint or upon its own motion, to take corrective action if the requirements of this Section are not complied with by an Electing Provider.

(e) Service quality and customer credits for basic local exchange service.

(1) An Electing Provider shall meet the following service quality standards in providing basic local exchange service, which for purposes of this subsection (e), includes both basic local exchange service and the consumer choice safe harbor options required by subsection (d) of this Section.

(A) Install basic local exchange service within 5 business days after receipt of an order from the customer unless the customer requests an installation date that is beyond 5 business days after placing the order for basic service and to inform the customer of SB1664 Enrolled - 18 - LRB098 07471 MGM 37541 b the Electing Provider's duty to install service within this timeframe.

If installation of service is requested on or by a date more than 5 business days in the future, the Electing Provider shall install service by the date requested.

(B) Restore basic local exchange service for the customer within 30 hours after receiving notice that the customer is out of service.

(C) Keep all repair and installation appointments for basic local exchange service if a customer premises visit requires a customer to be present.

The appointment window shall be either a specific time or, at a maximum, a 4-hour time block during evening, weekend, and normal business hours.

(D) Inform a customer when a repair or installation appointment requires the customer to be present.

(2) Customers shall be credited by the Electing Provider for violations of basic local exchange service quality standards described in subdivision (e)(1) of this Section.

The credits shall be applied automatically on the statement issued to the customer for the next monthly billing cycle following the violation or following the discovery of the violation.

The next monthly billing cycle following the violation or the discovery of the violation means the billing cycle immediately following the billing cycle in process at the time of the violation or discovery SB1664 Enrolled - 19 - LRB098 07471 MGM 37541 b of the violation, provided the total time between the violation or discovery of the violation and the issuance of the credit shall not exceed 60 calendar days.

The Electing Provider is responsible for providing the credits and the customer is under no obligation to request such credits.

The following credits shall apply:

(A) If an Electing Provider fails to repair an out-of-service condition for basic local exchange service within 30 hours, the Electing Provider shall provide a credit to the customer.

If the service disruption is for more than 30 hours, but not more than 48 hours, the credit must be equal to a pro-rata portion of the monthly recurring charges for all basic local exchange services disrupted.

If the service disruption is for more than 48 hours, but not more than 72 hours, the credit must be equal to at least 33% of one month's recurring charges for all local services disrupted.

If the service disruption is for more than 72 hours, but not more than 96 hours, the credit must be equal to at least 67% of one month's recurring charges for all basic local exchange services disrupted.

If the service disruption is for more than 96 hours, but not more than 120 hours, the credit must be equal to one month's recurring charges for all basic local exchange services disrupted.

For each day or portion thereof that the service disruption continues SB1664 Enrolled - 20 - LRB098 07471 MGM 37541 b beyond the initial 120-hour period, the Electing Provider shall also provide an additional credit of $20 per calendar day.

(B) If an Electing Provider fails to install basic local exchange service as required under subdivision (e)(1) of this Section, the Electing Provider shall waive 50% of any installation charges, or in the absence of an installation charge or where installation is pursuant to the Link Up program, the Electing Provider shall provide a credit of $25.

If an Electing Provider fails to install service within 10 business days after the service application is placed, or fails to install service within 5 business days after the customer's requested installation date, if the requested date was more than 5 business days after the date of the order, the Electing Provider shall waive 100% of the installation charge, or in the absence of an installation charge or where installation is provided pursuant to the Link Up program, the Electing Provider shall provide a credit of $50.

For each day that the failure to install service continues beyond the initial 10 business days, or beyond 5 business days after the customer's requested installation date, if the requested date was more than 5 business days after the date of the order, the Electing Provider shall also provide an additional SB1664 Enrolled - 21 - LRB098 07471 MGM 37541 b credit of $20 per calendar day until the basic local exchange service is installed.

(C) If an Electing Provider fails to keep a scheduled repair or installation appointment when a customer premises visit requires a customer to be present as required under subdivision (e)(1) of this Section, the Electing Provider shall credit the customer $25 per missed appointment.

A credit required by this subdivision does not apply when the Electing Provider provides the customer notice of its inability to keep the appointment no later than 8:00 pm of the day prior to the scheduled date of the appointment.

(D) Credits required by this subsection do not apply if the violation of a service quality standard:

(i) occurs as a result of a negligent or willful act on the part of the customer;

(ii) occurs as a result of a malfunction of customer-owned telephone equipment or inside wiring;

(iii) occurs as a result of, or is extended by, an emergency situation as defined in 83 Ill.

Adm.

Code 732.10;

(iv) is extended by the Electing Provider's inability to gain access to the customer's premises due to the customer missing an appointment, provided that the violation is not SB1664 Enrolled - 22 - LRB098 07471 MGM 37541 b further extended by the Electing Provider;

(v) occurs as a result of a customer request to change the scheduled appointment, provided that the violation is not further extended by the Electing Provider;

(vi) occurs as a result of an Electing Provider's right to refuse service to a customer as provided in Commission rules;

or (vii) occurs as a result of a lack of facilities where a customer requests service at a geographically remote location, where a customer requests service in a geographic area where the Electing Provider is not currently offering service, or where there are insufficient facilities to meet the customer's request for service, subject to an Electing Provider's obligation for reasonable facilities planning.

(3) Each Electing Provider shall provide to the Commission on a quarterly basis and in a form suitable for posting on the Commission's website in conformance with the rules adopted by the Commission and in effect on April 1, 2010, a public report that includes the following data for basic local exchange service quality of service:

(A) With regard to credits due in accordance with subdivision (e)(2)(A) as a result of out-of-service conditions lasting more than 30 hours:

SB1664 Enrolled - 23 - LRB098 07471 MGM 37541 b (i) the total dollar amount of any customer credits paid;

(ii) the number of credits issued for repairs between 30 and 48 hours;

(iii) the number of credits issued for repairs between 49 and 72 hours;

(iv) the number of credits issued for repairs between 73 and 96 hours;

(v) the number of credits used for repairs between 97 and 120 hours;

(vi) the number of credits issued for repairs greater than 120 hours;

and (vii) the number of exemptions claimed for each of the categories identified in subdivision (e)(2)(D).

(B) With regard to credits due in accordance with subdivision (e)(2)(B) as a result of failure to install basic local exchange service:

(i) the total dollar amount of any customer credits paid;

(ii) the number of installations after 5 business days;

(iii) the number of installations after 10 business days;

(iv) the number of installations after 11 business days;

and SB1664 Enrolled - 24 - LRB098 07471 MGM 37541 b (v) the number of exemptions claimed for each of the categories identified in subdivision (e)(2)(D).

(C) With regard to credits due in accordance with subdivision (e)(2)(C) as a result of missed appointments:

(i) the total dollar amount of any customer credits paid;

(ii) the number of any customers receiving credits;

and (iii) the number of exemptions claimed for each of the categories identified in subdivision (e)(2)(D).

(D) The Electing Provider's annual report required by this subsection shall also include, for informational reporting, the performance data described in subdivisions (e)(2)(A), (e)(2)(B), and (e)(2)(C), and trouble reports per 100 access lines calculated using the Commission's existing applicable rules and regulations for such measures, including the requirements for service standards established in this Section.

(4) It is the intent of the General Assembly that the service quality rules and customer credits in this subsection (e) of this Section and other enforcement mechanisms, including fines and penalties authorized by SB1664 Enrolled - 25 - LRB098 07471 MGM 37541 b Section 13-305, shall apply on a nondiscriminatory basis to all Electing Providers.

Accordingly, notwithstanding any provision of any service quality rules promulgated by the Commission, any alternative regulation plan adopted by the Commission, or any other order of the Commission, any Electing Provider that is subject to any other order of the Commission and that violates or fails to comply with the service quality standards promulgated pursuant to this subsection (e) or any other order of the Commission shall not be subject to any fines, penalties, customer credits, or enforcement mechanisms other than such fines or penalties or customer credits as may be imposed by the Commission in accordance with the provisions of this subsection (e) and Section 13-305, which are to be generally applicable to all Electing Providers.

The amount of any fines or penalties imposed by the Commission for failure to comply with the requirements of this subsection (e) shall be an appropriate amount, taking into account, at a minimum, the Electing Provider's gross annual intrastate revenue;

the frequency, duration, and recurrence of the violation;

and the relative harm caused to the affected customers or other users of the network.

In imposing fines and penalties, the Commission shall take into account compensation or credits paid by the Electing Provider to its customers pursuant to this subsection (e) in compensation for any violation found pursuant to this SB1664 Enrolled - 26 - LRB098 07471 MGM 37541 b subsection (e), and in any event the fine or penalty shall not exceed an amount equal to the maximum amount of a civil penalty that may be imposed under Section 13-305.

(5) An Electing Provider in each of the MSA or Exchange areas classified as competitive pursuant to subsection (c) of this Section shall fulfill the requirements in subdivision (e)(3) of this Section for 3 years after its notice of election becomes effective.

After such 3 years, the requirements in subdivision (e)(3) of this Section shall not apply to such Electing Provider, except that, upon request from the Commission, the Electing Provider shall provide a report showing the number of credits and exemptions for the requested time period.

(f) Commission jurisdiction over competitive retail telecommunications services upon election for market regulation.

Except as otherwise expressly stated in this Section, the Commission shall thereafter have no jurisdiction or authority over any aspect of competitive retail telecommunications service of an Electing Provider in those geographic areas included in the Electing Provider's notice of election pursuant to subsection (b) of this Section or of a retail telecommunications service classified as competitive pursuant to Section 13-502 or subdivision (c)(5) of this Section, heretofore subject to the jurisdiction of the Commission, including but not limited to, any requirements of this Article related to the terms, conditions, rates, quality SB1664 Enrolled - 27 - LRB098 07471 MGM 37541 b of service, availability, classification or any other aspect of any of the Electing Provider's competitive retail telecommunications services.

No telecommunications carrier Electing Provider shall commit any unfair or deceptive act or practice in connection with any aspect of the offering or provision of any competitive retail telecommunications service.

Nothing in this Article shall limit or affect any provisions in the Consumer Fraud and Deceptive Business Practices Act with respect to any unfair or deceptive act or practice by a telecommunications carrier an Electing Provider.

(g) Commission authority over access services upon election for market regulation.

(1) As part of its Notice of Election for Market Regulation, the Electing Provider shall reduce its intrastate switched access rates to rates no higher than its interstate switched access rates in 4 installments.

The first reduction must be made 30 days after submission of its complete application for Notice of Election for Market Regulation, and the Electing Provider must reduce its intrastate switched access rates by an amount equal to 33% of the difference between its current intrastate switched access rates and its current interstate switched access rates.

The second reduction must be made no later than one year after the first reduction, and the Electing Provider must reduce its then current intrastate switched access rates by an amount equal to 41% of the difference between SB1664 Enrolled - 28 - LRB098 07471 MGM 37541 b its then current intrastate switched access rates and its then current interstate switched access rates.

The third reduction must be made no later than one year after the second reduction, and the Electing Provider must reduce its then current intrastate switched access rates by an amount equal to 50% of the difference between its then current intrastate switched access rate and its then current interstate switched access rates.

The fourth reduction must be made on or before June 30, 2013, and the Electing Provider must reduce its intrastate switched access rate to mirror its then current interstate switched access rates and rate structure.

Following the fourth reduction, each Electing Provider must continue to set its intrastate switched access rates to mirror its interstate switched access rates and rate structure.

For purposes of this subsection, the rate for intrastate switched access service means the composite, per-minute rate for that service, including all applicable fixed and traffic-sensitive charges, including, but not limited to, carrier common line charges.

(2) Nothing in paragraph (1) of this subsection (g) prohibits an Electing Provider from electing to offer intrastate switched access service at rates lower than its interstate switched access rates.

(3) The Commission shall have no authority to order an Electing Provider to set its rates for intrastate switched SB1664 Enrolled - 29 - LRB098 07471 MGM 37541 b access at a level lower than its interstate switched access rates.

(4) The Commission's authority under this subsection (g) shall only apply to Electing Providers under Market Regulation.

The Commission's authority over switched access services for all other carriers is retained under Section 13-900.2 of this Act.

(h) Safety of service equipment and facilities.

(1) An Electing Provider shall furnish, provide, and maintain such service instrumentalities, equipment, and facilities as shall promote the safety, health, comfort, and convenience of its patrons, employees, and public and as shall be in all respects adequate, reliable, and efficient without discrimination or delay.

Every Electing Provider shall provide service and facilities that are in all respects environmentally safe.

(2) The Commission is authorized to conduct an investigation of any Electing Provider or part thereof.

The investigation may examine the reasonableness, prudence, or efficiency of any aspect of the Electing Provider's operations or functions that may affect the adequacy, safety, efficiency, or reliability of telecommunications service.

The Commission may conduct or order an investigation only when it has reasonable grounds to believe that the investigation is necessary to assure that the Electing Provider is providing adequate, efficient, SB1664 Enrolled - 30 - LRB098 07471 MGM 37541 b reliable, and safe service.

The Commission shall, before initiating any such investigation, issue an order describing the grounds for the investigation and the appropriate scope and nature of the investigation, which shall be reasonably related to the grounds relied upon by the Commission in its order.

(i) (Blank).

Tariffs.

No Electing Provider shall offer or provide telecommunications service unless and until a tariff is filed with the Commission that describes the nature of the service, applicable rates and other charges, terms, and conditions of service and the exchange, exchanges, or other geographical area or areas in which the service shall be offered or provided.

The Commission may prescribe the form of such tariff and any additional data or information that shall be included in the form.

Revenue from retail competitive services received from an Electing Provider pursuant to such tariffs shall be gross revenue for purposes of Section 2-202 of this Act.

(j) Application of Article VII.

The provisions of Sections 7-101, 7-102, 7-103, 7-104, 7-204, 7-205, and 7-206 of this Act are applicable to an Electing Provider offering or providing retail telecommunications service, and the Commission's regulation thereof, except that (1) the approval of contracts and arrangements with affiliated interests required by paragraph (3) of Section 7-101 shall not apply to such telecommunications carriers provided that, except as provided SB1664 Enrolled - 31 - LRB098 07471 MGM 37541 b in item (2), those contracts and arrangements shall be filed with the Commission;

(2) affiliated interest contracts or arrangements entered into by such telecommunications carriers where the increased obligation thereunder does not exceed the lesser of $5,000,000 or 5% of such carrier's prior annual revenue from noncompetitive services are not required to be filed with the Commission;

and (3) any consent and approval of the Commission required by Section 7-102 is not required for the sale, lease, assignment, or transfer by any Electing Provider of any real property that is not necessary or useful in the performance of its duties to the public.

(k) Notwithstanding other provisions of this Section, the Commission retains its existing authority to enforce the provisions, conditions, and requirements of the following Sections of this Article:

13-101, 13-103, 13-201, 13-301, 13-301.1, 13-301.2, 13-301.3, 13-303, 13-303.5, 13-304, 13-305, 13-401, 13-401.1, 13-402, 13-403, 13-404, 13-404.1, 13-404.2, 13-405, 13-406, 13-407, 13-501, 13-501.5, 13-503, 13-505, 13-509, 13-510, 13-512, 13-513, 13-514, 13-515, 13-516, 13-519, 13-702, 13-703, 13-704, 13-705, 13-706, 13-707, 13-709, 13-713, 13-801, 13-802.1, 13-804, 13-900, 13-900.1, 13-900.2, 13-901, 13-902, and 13-903, which are fully and equally applicable to Electing Providers and to telecommunications carriers providing retail telecommunications service classified as competitive pursuant to Section 13-502 or subdivision (c)(5) of this Section subject SB1664 Enrolled - 32 - LRB098 07471 MGM 37541 b to the provisions of this Section.

On the effective date of this amendatory Act of the 98th 96th General Assembly, the following Sections of this Article shall cease to apply to Electing Providers and to telecommunications carriers providing retail telecommunications service classified as competitive pursuant to Section 13-502 or subdivision (c)(5) of this Section:

13-302, 13-405.1, 13-501, 13-502, 13-502.5, 13-503, 13-504, 13-505.2, 13-505.3, 13-505.4, 13-505.5, 13-505.6, 13-506.1, 13-507, 13-507.1, 13-508, 13-508.1, 13-517, 13-518, 13-601, 13-701, and 13-712.

95-613,96-927, eff.

9-11-07.)6-15-10.) (225(220 ILCS 447/15-15)5/13-509) (Section(from scheduledCh. to be repealed on January 1, 2014) Sec.

15-15.111 2/3, par.

Qualifications13-509) for(Section licensurescheduled asto abe privaterepealed detectiveon agency.July 1, 2013) Sec.

(a)13-509. Upon receipt of the required fee and proof that the applicant has a full-time Illinois licensed private detective licensee-in-charge detective-in-charge, which is a continuing requirement for agency licensure, the Department shall issue a license as a private detective agency to any of the following:

(1)Agreements Anfor individualprovisions whoof submitscompetitive antelecommunications applicationservices anddiffering isfrom atariffs licensedor privatewritten detectiveservice underofferings. this Act.

(2) A firmtelecommunications thatcarrier submitsmay annegotiate applicationwith customers or prospective customers to provide competitive telecommunications service, and allin ofso doing, may offer or agree to provide such service on such terms and for such rates or charges as are reasonable, without regard to any tariffs it may have filed with the membersCommission ofor written service offerings posted on the firmtelecommunications arecarrier's licensedwebsite privatepursuant detectivesto underSection 13-501(c) of this Act.Act with respect to such services.

(3)Upon Arequest corporationof orthe limitedCommission, liabilitythe companytelecommunications doingcarrier businessshall insubmit Illinois that is authorized to engagethe inCommission thewritten businessnotice of conducting a privatelist detectiveof agency,any providedSB1664 atEnrolled least- one33 full-time- executiveLRB098 employee07471 isMGM licensed37541 asb asuch privateagreements detective(which underlist thismay Actbe andfiled allelectronically) unlicensedwithin officers and directors of the corporationpast oryear. limited liability company are determined by the Department to be persons of good moral character.

SB1664The Engrossednotice -shall 24identify - LRB098 07471 MGM 37541 b (b) No private detective may be the licensee-in-chargegeneral fornature moreof thanall onesuch privateagreements. detective agency.

UponA writtencopy requestof byeach asuch representativeagreement ofshall anbe agency,provided to the Commission within 10 business days after the loss of a licensee-in-chargerequest offor anreview agency because of the deathagreement ofis thatmade individualby orthe becauseCommission ofor theis terminationmade ofto the employmentCommission ofby thatanother individual,telecommunications thecarrier Departmentor shallby issue a temporaryparty certificateto ofsuch authorityagreement. allowing the continuing operation of the licensed agency.

NoAny temporaryagreement certificateor notice entered into or submitted pursuant to the provisions of authoritythis shallSection bemay, validin forthe moreCommission's thandiscretion, 90be days.accorded proprietary treatment.

An extension of an additional 90 days may be granted upon written request by the representative of the agency.

Not more than 2 extensions may be granted to any agency.

No temporary permit shall be issued for a loss of the licensee-in-charge because of disciplinary action by the Department related to his or her conduct on behalf of the agency.

(c) Upon issuance of the temporary certificate of authority as provided for in subsection (b) of this Section, and at any time thereafter while the temporary certificate of authority is in effect, the Department may request in writing additional information from the agency regarding the loss of its licensee-in-charge, the selection of a new licensee-in-charge, and the management of the agency.

Failure of the agency to respond or respond to the satisfaction of the Department shall cause the Department to deny any extension of the temporary certificate of authority.

While the temporary certificate of authority is in effect, the Department may disapprove the SB1664 Engrossed - 25 - LRB098 07471 MGM 37541 b selection of a new licensee-in-charge by the agency if the person's license is not operative or the Department has good cause to believe that the person selected will not fully exercise the responsibilities of a licensee-in-charge.

If the Department has disapproved the selection of a new licensee-in-charge and the temporary certificate of authority expires or is about to expire without the agency selecting another new licensee-in-charge, the Department shall grant an extension of the temporary certificate of authority for an additional 90 days, except as otherwise prohibited in subsection (b) or this subsection (c).

95-613,96-927, eff.

9-11-07.)6-15-10.) (225(220 ILCS 447/20-10)5/13-514) (Section scheduled to be repealed on JanuaryJuly 1, 2014)2013) Sec.

20-10.13-514.

QualificationsProhibited forActions licensureof asTelecommunications aCarriers. private alarm contractor.

(a) A persontelecommunications iscarrier qualifiedshall fornot licensureknowingly asimpede athe privatedevelopment alarmof contractorcompetition ifin heany ortelecommunications sheservice meetsmarket. all of the following requirements:

(1)The Isfollowing atprohibited leastactions 21are yearsconsidered per se impediments to the development of age.competition;

(2)however, Hasthe notCommission beenis convictednot oflimited any felony in any jurisdictionmanner orto atthese leastenumerated 10impediments yearsand havemay elapsedconsider sinceother theactions timewhich ofimpede fullcompetition dischargeto frombe aprohibited: sentence imposed for a felony conviction.

(3)(1) Isunreasonably ofrefusing goodor moraldelaying character.interconnections or collocation or providing inferior connections to another telecommunications carrier;

Good(2) moralunreasonably characterimpairing isthe speed, quality, or SB1664 EngrossedEnrolled - 2634 - LRB098 07471 MGM 37541 b aefficiency continuingof requirementservices ofused licensure.by another telecommunications carrier;

Conviction(3) unreasonably denying a request of crimesanother otherprovider thanfor feloniesinformation mayregarding bethe usedtechnical indesign determiningand moralfeatures, character,geographic butcoverage, shallinformation notnecessary constitutefor anthe absolutedesign barof toequipment, licensure,and excepttraffic wherecapabilities of the applicantlocal exchange network except for proprietary information unless such information is subject to a registeredproprietary sexagreement offender.or protective order;

(4) Hasunreasonably notdelaying beenaccess declaredin byconnecting anyanother courttelecommunications ofcarrier competent jurisdiction to bethe incompetentlocal byexchange reasonnetwork ofwhose mentalproduct or physicalservice defectrequires ornovel disease, unless a court has subsequently declared him or herspecialized toaccess berequirements; competent.

(5) Isunreasonably notrefusing sufferingor fromdelaying dependenceaccess onby alcoholany orperson fromto narcoticanother addictiontelecommunications orcarrier; dependence.

(6) Hasunreasonably aacting minimumor offailing 3to yearsact experiencein during the 5 years immediately preceding the application (i) working as a full-timemanner managerthat forhas a licensedsubstantial privateadverse alarmeffect contractoron agency or (ii) working for a government, one of the armedability forces of theanother Unitedtelecommunications States,carrier orto privateprovide entityservice thatto inspects,its reviews,customers; designs, sells, installs, operates, services, or monitors alarm systems that, in the judgment of the Board, satisfies the standards of alarm industry competence.

The(7) Boardunreasonably andfailing theto Departmentoffer mayservices accept,to incustomers lieu of the experience requirement in this item (6), alternative experience working as a full-timelocal managerexchange, forwhere a privatetelecommunications alarmcarrier contractoris agencycertificated licensedto inprovide anotherservice stateand orhas forentered ainto privatean alarminterconnection contractoragreement agencyfor inthe aprovision stateof thatlocal doesexchange nottelecommunications licenseservices, suchwith agencies, if the experienceintent is substantially equivalent to thatdelay gainedor workingimpede forthe anability SB1664of Engrossedthe -incumbent 27local -exchange LRB098telecommunications 07471carrier MGMto 37541provide binter-LATA Illinoistelecommunications licensedservices; private alarm contractor agency.

AnSB1664 applicantEnrolled who- has35 received- aLRB098 4-year07471 degreeMGM or37541 higherb in(8) electricalviolating engineeringthe terms of or aunreasonably relateddelaying fieldimplementation fromof aan programinterconnection approvedagreement byentered theinto Boardpursuant shallto beSection given252 creditof forthe 2federal yearsTelecommunications Act of 1996 in a manner that unreasonably delays, increases the requiredcost, experience.or impedes the availability of telecommunications services to consumers;

An(9) applicantunreasonably whorefusing hasor successfullydelaying completedaccess ato nationalor certificationprovision programof approvedoperation bysupport thesystems Boardto shallanother betelecommunications givencarrier creditor forproviding oneinferior yearoperation ofsupport thesystems requiredto experience.another telecommunications carrier;

(7)(10) Hasunreasonably notfailing beento dishonorablyoffer dischargednetwork fromelements that the armedCommission forcesor ofthe Federal Communications Commission has determined must be offered on an unbundled basis to another telecommunications carrier in a manner consistent with the UnitedCommission's States.or Federal Communications Commission's orders or rules requiring such offerings;

(8)(11) Hasviolating passedthe anobligations examinationof authorizedSection by13-801; the Department.

(9)and Submits(12) hisviolating oran herorder fingerprints, proof of havingthe generalCommission liabilityregarding insurancematters requiredbetween undertelecommunications subsectioncarriers. (c), and the required license fee.

(10) Has not violated Section 10-5 of this Act.

(b) (Blank).

(c) It is the responsibility of the applicant to obtain general liability insurance in an amount and coverage appropriate for the applicant's circumstances as determined by rule.

The applicant shall provide evidence of insurance to the Department before being issued a license.

Failure to maintain general liability insurance and to provide the Department with written proof of the insurance shall result in cancellation of the license without hearing.

95-613,92-22, eff.

9-11-07;6-30-01.) (220 ILCS 5/13-515) (Section scheduled to be repealed on July 1, 2013) Sec.

96-847,13-515. eff.

6-1-10.)Enforcement. SB1664 Engrossed - 28 - LRB098 07471 MGM 37541 b (225 ILCS 447/20-15) (Section scheduled to be repealed on January 1, 2014) Sec.

20-15.(a) The following expedited procedures shall be used to enforce the provisions of Section 13-514 of this Act, provided SB1664 Enrolled - 36 - LRB098 07471 MGM 37541 b that, for a violation of paragraph (8) of Section 13-514 to qualify for the expedited procedures of this Section, the violation must be in a manner that unreasonably delays, increases the cost, or impedes the availability of telecommunications services to consumers.

QualificationsHowever, forthe licensureCommission, asthe acomplainant, privateand alarmthe contractorrespondent agency.may mutually agree to adjust the procedures established in this Section.

(a)(b) Upon(Blank). receipt of the required fee and proof that the applicant has a full-time Illinois licensed private alarm contractor licensee-in-charge contractor-in-charge, which is a continuing requirement for agency licensure, the Department shall issue a license as a private alarm contractor agency to any of the following:

(1)(c) AnNo individualcomplaint whomay submitsbe anfiled applicationunder this Section until the complainant has first notified the respondent of the alleged violation and isoffered athe licensedrespondent private48 alarmhours contractorto undercorrect thisthe Act.situation.

(2)Provision Aof firmnotice that submits an application and all of the membersopportunity ofto correct the firmsituation arecreates licenseda privaterebuttable alarmpresumption contractorsof knowledge under thisSection Act.13-514.

(3)After A corporation or limited liability company doing business in Illinois that is authorized by its articles of incorporation or organization to engage in the businessfiling of conducting a privatecomplaint alarm contractor agency if at least one executive employee is licensed as a private alarm contractor under this ActSection, and all unlicensed officers and directors of the corporationparties ormay limitedagree liabilityto companyfollow are determined by the Departmentmediation toprocess beunder personsSection 10-101.1 of goodthis moralAct. character.

(b)The Notime privateperiods alarmspecified contractorin maysubdivision be(d)(7) theof SB1664this EngrossedSection -shall 29be -tolled LRB098during 07471the MGMtime 37541spent bin licensee-in-chargemediation privateunder alarmSection contractor-in-charge10-101.1. for more than one private alarm contractor agency.

Upon(d) writtenA requesttelecommunications bycarrier amay representativefile of an agency, within 10 days after the loss of a licensee-in-chargecomplaint licensedwith private alarm contractor-in-charge of an agency because of the deathCommission ofalleging that individual or because of the termination of the employment of that individual, the Department shall issue a temporaryviolation certificate of authoritySection allowing13-514 thein continuingaccordance operationwith ofthis thesubsection: licensed agency.

No(1) temporaryThe certificatecomplaint shall be filed with the Chief Clerk of authoritythe Commission and shall be validserved forin morehand thanupon 90the days.respondent, the executive director, and the general counsel of the Commission at the time of the filing.

An(2) extensionA ofcomplaint anfiled additionalunder 90this dayssubsection mayshall beSB1664 grantedEnrolled upon- written37 request- byLRB098 07471 MGM 37541 b include a statement that the representativerequirements of subsection (c) have been fulfilled and that the agency.respondent did not correct the situation as requested.

Not(3) moreReasonable thandiscovery 2specific extensionsto the issue of the complaint may becommence grantedupon tofiling anyof agency.the complaint.

NoRequests temporaryfor permitdiscovery shallmust be issuedserved forin losshand ofand theresponses licensee-in-chargeto becausediscovery ofmust disciplinarybe actionprovided byin thehand Departmentto relatedthe torequester hiswithin or14 herdays conductafter ona behalfrequest offor thediscovery agency.is made.

(c)(4) NoAn privateanswer alarmand contractor,any privateother alarmresponsive contractorpleading agency,to orthe personcomplaint mayshall installbe orfiled connectwith anthe alarmCommission systemand orserved firein alarmhand systemat thatthe connectssame automaticallytime andupon directlythe tocomplainant, athe governmentallyexecutive operateddirector, policeand orthe firegeneral dispatchcounsel systemof inthe aCommission mannerwithin that7 violatesdays subsectionafter (a)the ofdate Sectionon 15.2which of the Emergencycomplaint Telephoneis Systemfiled. Act.

In(5) additionIf to the penaltiesanswer providedor byresponsive pleading raises the Emergencyissue Telephonethat Systemthe Act,complaint aviolates privatesubsection alarm(i) contractorof agencythis thatSection, violatesthe thiscomplainant Sectionmay shallfile paya thereply Departmentto ansuch additionalallegation penaltywithin 3 days after actual service of $250such peranswer occurrence.or responsive pleading.

(d)Within Upon4 issuancedays ofafter the temporarytime certificatefor offiling authoritya SB1664reply Engrossedhas -expired, 30the -hearing LRB098officer 07471or MGMarbitrator 37541shall beither asissue provideda forwritten indecision subsectiondismissing (b) of this Section and at any time thereafter while the temporarycomplaint certificateas offrivolous authority is in effect,violation theof Departmentsubsection may(i) requestof inthis writingSection additionalincluding information from the agencyreasons regardingfor thesuch lossdisposition ofor itsshall licensee-in-charge,issue thean selectionorder ofdirecting athat new licensee-in-charge, and the managementcomplaint ofshall theproceed. agency.

Failure(6) ofA thepre-hearing agencyconference toshall respondbe orheld respondwithin to14 thedays satisfactionafter of the Departmentdate shallon causewhich the Departmentcomplaint tois denyfiled. any extension of the temporary certificate of authority.

WhileSB1664 theEnrolled temporary- certificate38 of- authorityLRB098 is07471 inMGM effect,37541 theb Department(7) mayThe disapprovehearing theshall selectioncommence ofwithin a30 newdays licensee-in-chargeof by the agencydate ifon which the person'scomplaint license is notfiled. operative or the Department has good cause to believe that the person selected will not fully exercise the responsibilities of a licensee-in-charge.

IfThe thehearing Departmentmay hasbe disapprovedconducted theby selectiona ofhearing anotherexaminer new licensee-in-charge and the temporary certificate of authority expires or isby about to expire without the agency selecting a new licensee-in-charge, the Department shall grant an extensionarbitrator. of the temporary certificate of authority for an additional 90 days, except as otherwise prohibited in subsection (b) or this subsection (d).

Parties and the Commission staff shall be entitled to present evidence and legal argument in oral or written form as deemed appropriate by the hearing examiner or arbitrator.

The hearing examiner or arbitrator shall issue a written decision within 60 days after the date on which the complaint is filed.

The decision shall include reasons for the disposition of the complaint and, if a violation of Section 13-514 is found, directions and a deadline for correction of the violation.

(8) Any party may file a petition requesting the Commission to review the decision of the hearing examiner or arbitrator within 5 days of such decision.

Any party may file a response to a petition for review within 3 business days after actual service of the petition.

After the time for filing of the petition for review, but no later than 15 days after the decision of the hearing examiner or arbitrator, the Commission shall decide to adopt the decision of the hearing examiner or arbitrator or shall issue its own final order.

(e) If the alleged violation has a substantial adverse effect on the ability of the complainant to provide service to customers, the complainant may include in its complaint a request for an order for emergency relief.

The Commission, SB1664 Enrolled - 39 - LRB098 07471 MGM 37541 b acting through its designated hearing examiner or arbitrator, shall act upon such a request within 2 business days of the filing of the complaint.

An order for emergency relief may be granted, without an evidentiary hearing, upon a verified factual showing that the party seeking relief will likely succeed on the merits, that the party will suffer irreparable harm in its ability to serve customers if emergency relief is not granted, and that the order is in the public interest.

An order for emergency relief shall include a finding that the requirements of this subsection have been fulfilled and shall specify the directives that must be fulfilled by the respondent and deadlines for meeting those directives.

The decision of the hearing examiner or arbitrator to grant or deny emergency relief shall be considered an order of the Commission unless the Commission enters its own order within 2 calendar days of the decision of the hearing examiner or arbitrator.

The order for emergency relief may require the responding party to act or refrain from acting so as to protect the provision of competitive service offerings to customers.

Any action required by an emergency relief order must be technically feasible and economically reasonable and the respondent must be given a reasonable period of time to comply with the order.

(f) The Commission is authorized to obtain outside resources including, but not limited to, arbitrators and consultants for the purposes of the hearings authorized by this Section.

Any arbitrator or consultant obtained by the SB1664 Enrolled - 40 - LRB098 07471 MGM 37541 b Commission shall be approved by both parties to the hearing.

The cost of such outside resources including, but not limited to, arbitrators and consultants shall be borne by the parties.

The Commission shall review the bill for reasonableness and assess the parties for reasonable costs dividing the costs according to the resolution of the complaint brought under this Section.

Such costs shall be paid by the parties directly to the arbitrators, consultants, and other providers of outside resources within 60 days after receiving notice of the assessments from the Commission.

Interest at the statutory rate shall accrue after expiration of the 60-day period.

The Commission, arbitrators, consultants, or other providers of outside resources may apply to a court of competent jurisdiction for an order requiring payment.

(g) The Commission shall assess the parties under this subsection for all of the Commission's costs of investigation and conduct of the proceedings brought under this Section including, but not limited to, the prorated salaries of staff, attorneys, hearing examiners, and support personnel and including any travel and per diem, directly attributable to the complaint brought pursuant to this Section, but excluding those costs provided for in subsection (f), dividing the costs according to the resolution of the complaint brought under this Section.

All assessments made under this subsection shall be paid into the Public Utility Fund within 60 days after receiving notice of the assessments from the Commission.

SB1664 Enrolled - 41 - LRB098 07471 MGM 37541 b Interest at the statutory rate shall accrue after the expiration of the 60 day period.

The Commission is authorized to apply to a court of competent jurisdiction for an order requiring payment.

(h) If the Commission determines that there is an imminent threat to competition or to the public interest, the Commission may, notwithstanding any other provision of this Act, seek temporary, preliminary, or permanent injunctive relief from a court of competent jurisdiction either prior to or after the hearing.

(i) A party shall not bring or defend a proceeding brought under this Section or assert or controvert an issue in a proceeding brought under this Section, unless there is a non-frivolous basis for doing so.

By presenting a pleading, written motion, or other paper in complaint or defense of the actions or inaction of a party under this Section, a party is certifying to the Commission that to the best of that party's knowledge, information, and belief, formed after a reasonable inquiry of the subject matter of the complaint or defense, that the complaint or defense is well grounded in law and fact, and under the circumstances:

(1) it is not being presented to harass the other party, cause unnecessary delay in the provision of competitive telecommunications services to consumers, or create needless increases in the cost of litigation;

and (2) the allegations and other factual contentions have SB1664 Enrolled - 42 - LRB098 07471 MGM 37541 b evidentiary support or, if specifically so identified, are likely to have evidentiary support after reasonable opportunity for further investigation or discovery as defined herein.

(j) If, after notice and a reasonable opportunity to respond, the Commission determines that subsection (i) has been violated, the Commission shall impose appropriate sanctions upon the party or parties that have violated subsection (i) or are responsible for the violation.

The sanctions shall be not more than $30,000, plus the amount of expenses accrued by the Commission for conducting the hearing.

Payment of sanctions imposed under this subsection shall be made to the Common School Fund within 30 days of imposition of such sanctions.

(k) An appeal of a Commission Order made pursuant to this Section shall not effectuate a stay of the Order unless a court of competent jurisdiction specifically finds that the party seeking the stay will likely succeed on the merits, that the party will suffer irreparable harm without the stay, and that the stay is in the public interest.

93-438,92-22, eff.

8-5-03.)6-30-01.) (225(220 ILCS 447/25-10)5/13-516) (Section scheduled to be repealed on JanuaryJuly 1, 2014)2013) Sec.

25-10.13-516.

QualificationsEnforcement remedies for licensureprohibited asactions aby privatetelecommunications SB1664carriers. Engrossed - 31 - LRB098 07471 MGM 37541 b security contractor.

(a) AIn personaddition isto qualifiedany other provision of this Act, all of SB1664 Enrolled - 43 - LRB098 07471 MGM 37541 b the following remedies may be applied for licensureviolations asof Section 13-514, provided that, for a privateviolation securityof contractorparagraph if(8) heof Section 13-514 to qualify for the remedies in this Section, the violation must be in a manner that unreasonably delays, increases the cost, or sheimpedes meetsthe allavailability of thetelecommunications followingservices requirements:to consumers:

(1) IsA atCommission leastorder 21directing yearsthe ofviolating age.telecommunications carrier to cease and desist from violating the Act or a Commission order or rule.

(2) HasNotwithstanding notany beenother convictedprovision of anythis felonyAct, infor a second and any jurisdictionsubsequent orviolation atof leastSection 1013-514 yearscommitted haveby elapseda sincetelecommunications carrier after the timeeffective date of fullthis dischargeamendatory fromAct aof sentencethe imposed92nd forGeneral aAssembly, felonythe conviction.Commission may impose penalties of up to $30,000 or 0.00825% of the telecommunications carrier's gross intrastate annual telecommunications revenue, whichever is greater, per violation unless the telecommunications carrier has fewer than 35,000 subscriber access lines, in which case the civil penalty may not exceed $2,000 per violation.

(3)The Issecond and any subsequent violation of goodSection moral13-514 character.need not be of the same nature or provision of the Section for a penalty to be imposed.

GoodMatters characterresolved isthrough voluntary mediation pursuant to Section 10-101.1 shall not be considered as a continuingviolation requirementof Section 13-514 in computing eligibility for imposition of licensure.a penalty under this subdivision (a)(2).

ConvictionEach ofSB1664 crimesEnrolled other- than44 felonies- mayLRB098 be07471 usedMGM in37541 determiningb moralday character,of buta shallcontinuing notoffense constituteshall anbe absolutetreated baras toa licensure,separate exceptviolation wherefor thepurposes applicantof islevying aany registeredpenalty sexunder offender.this Section.

(4)The Hasperiod notfor beenwhich declaredthe bypenalty anyshall courtbe levied shall commence on the day the telecommunications carrier first violated Section 13-514 or on the day of competentthe jurisdictionnotice provided to bethe incompetenttelecommunications bycarrier reasonpursuant to subsection (c) of mentalSection or13-515, physicalwhichever defectis orlater, disease,and unlessshall acontinue courtuntil hasthe subsequentlytelecommunications declaredcarrier himis orin hercompliance towith bethe competent.Commission order.

(5)In Isassessing nota sufferingpenalty fromunder dependencethis onsubdivision alcohol(a)(2), orthe fromCommission narcoticmay addictionconsider ormitigating dependence.factors, including those specified in items (1) through (4) of subsection (a) of Section 13-304.

(6)(3) HasThe aCommission minimumshall ofaward 3damages, yearsattorney's experiencefees, ofand thecosts 5to years immediately preceding application working as a full-time manager for a licensed private security contractor agency or a manager of a proprietary security force of 30 or more persons registered with the Department or with 3 years SB1664 Engrossed - 32 - LRB098 07471 MGM 37541 b experience of the 5 years immediately preceding his or her application employed as a full-time supervisor for an in-house security unit for a corporation having l00 or more employees, for a military police or related security unit in any oftelecommunications thecarrier armedthat forceswas ofsubjected theto United States, or in a lawviolation enforcement agency of theSection a13-514. federal government, a state, or a state political subdivision, which shall include a state's attorney's office or public defender's office.

(b) The BoardCommission and the Department shall approve such full-time supervisory experience and may accept,waive inpenalties lieuimposed ofunder thesubdivision experience(a)(2) requirementif init thismakes subsection,a alternativewritten experiencefinding working as ato full-timeits managerreasons for awaiving private security contractor agency licensed in another state or for a private security contractor agency in a state that does not license such agencies if the experiencepenalty. is substantially equivalent to that gained working for an Illinois licensed private security contractor agency.

AnReasons applicantfor whowaiving has a baccalaureatepenalty degreeshall orinclude, higherbut innot police science or a related field or a business degree from an accredited college or university shall be givenlimited creditto, fortechnological 2infeasibility ofand theacts 3 years of theGod. required experience.

An(c) applicantThe whoCommission has completed a non-degree military training program in police science or a related field shall beestablish givenby creditrule procedures for one of the 3imposition years of theremedies requiredunder experiencesubsection if(a) thethat, Boardat anda theminimum, Departmentprovide determinefor thatnotice, suchhearing trainingand isa substantiallywritten equivalentorder relating to thatthe receivedimposition inof anremedies. SB1664 Engrossed - 33 - LRB098 07471 MGM 37541 b associate degree program.

An(d) applicantUnless whoenforcement hasof an associateorder degreeentered inby policethe scienceCommission under Section 13-515 otherwise directs or inis astayed relatedSB1664 fieldEnrolled - 45 - LRB098 07471 MGM 37541 b by the Commission or inby businessan appellate court reviewing the Commission's order, at any time after 30 days from anthe accreditedentry collegeof the order, either the Commission, or universitythe shalltelecommunications becarrier givenfound creditby forthe oneCommission to have been subjected to a violation of theSection 313-514, yearsor both, is authorized to petition a court of competent jurisdiction for an order at law or in equity requiring enforcement of the requiredCommission experience.order.

(7)The Hascourt notshall beendetermine dishonorably(1) dischargedwhether fromthe Commission entered the armedorder forcesidentified ofin the Unitedpetition States.and (2) whether the violating telecommunications carrier has complied with the Commission's order.

(8)A Hascertified passedcopy anof examinationa authorizedCommission byorder shall be prima facie evidence that the Department.Commission entered the order so certified.

(9)Pending Submitsthe hiscourt's resolution of the petition, the court may award temporary or herpreliminary fingerprints,injunctive proofrelief, ofor havingsuch generalother liabilityequitable insurancerelief requiredas undermay subsectionbe (b),necessary, to effectively implement and enforce the requiredCommission's licenseorder fee.in a timely manner.

(10)If Hasafter a hearing the court finds that the Commission entered the order identified in the petition and that the violating telecommunications carrier has not violatedcomplied Sectionwith 10-5the ofCommission's thisorder, Act.the court shall enter judgment requiring the violating telecommunications carrier to comply with the Commission's order and order such relief at law or in equity as the court deems necessary to effectively implement and enforce the Commission's order in a timely manner.

(b)The Itcourt isshall thealso responsibilityaward ofto the applicantpetitioner, toor obtainpetitioners, generalattorney's liabilityfees insuranceand inSB1664 anEnrolled amount- and46 coverage- appropriateLRB098 for07471 theMGM applicant's37541 circumstancesb costs, which shall be taxed and collected as determinedpart byof rule.the costs of the case.

TheIf applicantthe court finds that the violating telecommunications carrier has failed to comply with the timely payment of damages, attorney's fees, or costs ordered by the Commission, the court shall provideorder evidencethe violating telecommunications carrier to pay to the telecommunications carrier or carriers awarded the damages, fees, or costs by the Commission additional damages for the sake of insuranceexample and by way of punishment for the failure to timely comply with the Departmentorder beforeof beingthe issuedCommission, unless the court finds a license.reasonable basis for the violating telecommunications carrier's failure to make timely payment according to the Commission's order, in which instance the court shall establish a new date for payment to be made.

Failure(e) toPayment maintainof generaldamages, liabilityattorney's insurancefees, and tocosts provideimposed theunder Departmentsubsection with(a) writtenshall proofbe made within 30 days after issuance of the insuranceCommission shallorder resultimposing inthe cancellationpenalties, ofdamages, attorney's fees, or costs, unless otherwise directed by the licenseCommission withoutor hearing.a reviewing court under an appeal taken pursuant to Article X.

(c)Payment Any person who has been providing canine odor detection services for hire prior to January 1, 2005 is exempt from the requirements of itempenalties (6)imposed ofunder subsection (a) ofshall this Section and may be grantedmade ato private security contractor license if (i) he or she meets the requirementsCommon ofSchool itemsFund (1)within through30 (5)days and SB1664 Engrossed - 34 - LRB098 07471 MGM 37541 b items (7) through (10) of subsectionsissuance (a) of thisthe Section,Commission (ii)order paysimposing all applicable fees, and (iii) presents satisfactory evidence to the Departmentpenalties. of the provision of canine odor detection services for hire since January 1, 2005.

95-613,92-22, eff.

9-11-07.)6-30-01.) (225(220 ILCS 447/25-15)5/13-712) SB1664 Enrolled - 47 - LRB098 07471 MGM 37541 b (Section scheduled to be repealed on JanuaryJuly 1, 2014)2013) Sec.

25-15.13-712.

QualificationsBasic forlocal licensureexchange asservice aquality; private security contractor agency.

(a)customer Uponcredits. receipt of the required fee and proof that the applicant has a full-time Illinois licensed private security licensee-in-charge contractor-in-charge, which is a continuing requirement for agency licensure, the Department shall issue a license as a private security contractor agency to any of the following:

(1)(a) AnIt individualis whothe submitsintent anof applicationthe andGeneral isAssembly that every telecommunications carrier meet minimum service quality standards in providing noncompetitive basic local exchange service on a licensednon-discriminatory privatebasis securityto contractorall underclasses thisof Act.customers.

(2)(b) ADefinitions: firm that submits an application and all of the members of the firm are licensed private security contractors under this Act.

(3)(1) A(Blank). corporation or limited liability company doing business in Illinois that is authorized to engage in the business of conducting a private security contractor agency if at least one officer or executive employee is licensed as a private security contractor under this Act SB1664 Engrossed - 35 - LRB098 07471 MGM 37541 b and all unlicensed officers and directors of the corporation or limited liability company are determined by the Department to be persons of good moral character.

(b)(2) No"Basic privatelocal securityexchange contractorservice" maymeans beresidential theand privatebusiness securitylines contractorused licensee-in-charge for morelocal thanexchange onetelecommunications privateservice securityas contractordefined agency.in Section 13-204 of this Act, that have not been classified as competitive pursuant to either Section 13-502 or subdivision (c)(5) of Section 13-506.2 of this Act, excluding:

Upon(A) writtenservices request by a representative of the agency, within 10 days after the loss of a private security contractor licensee-in-charge of an agency because of the death of that individualemploy oradvanced becausetelecommunications ofcapability theas terminationdefined ofin theSection employment706(c)(1) of that individual, the Departmentfederal shallTelecommunications issueAct a temporary certificate of authority1996; allowing the continuing operation of the licensed agency.

No(B) temporaryvertical certificateservices; of authority shall be valid for more than 90 days.

An(C) extensioncompany ofofficial anlines; additional 90 days may be granted upon written request by the representative of the agency.

Notand more(D) thanrecords 2work extensionsonly. may be granted to any agency.

No(3) temporary"Link permitUp" shallrefers beto issued for loss of the licensee-in-chargeLink becauseUp ofAssistance disciplinaryprogram actiondefined byand theestablished Departmentat related47 toC.F.R. his or her conduct on behalf of the agency.

(c) Upon issuance of the temporary certificate of authority as provided for in subsection (b) of this Section and54.411 atet anyseq. time thereafter while the temporary certificate of authority is in effect, the Department may request in writing additional information from the agency regarding the loss of its licensee-in-charge, the selection of a new licensee-in-charge, SB1664 Engrossed - 36 - LRB098 07471 MGM 37541 b and the management of the agency.

Failureas ofamended. the agency to respond or respond to the satisfaction of the Department shall cause the Department to deny any extension of the temporary certificate of authority.

WhileSB1664 theEnrolled temporary- certificate48 of- authorityLRB098 is07471 inMGM effect,37541 theb Department(c) mayThe disapproveCommission theshall selectionpromulgate ofservice aquality newrules licensee-in-chargefor bybasic thelocal agencyexchange ifservice, thewhich person'smay licenseinclude isfines, notpenalties, operativecustomer orcredits, theand Departmentother hasenforcement goodmechanisms. cause to believe that the person selected will not fully exercise the responsibilities of a licensee-in-charge.

IfIn thedeveloping Departmentsuch hasservice disapprovedquality therules, selection of a new licensee-in-charge and the temporaryCommission certificate of authority expires or is about to expire without the agency selecting another new licensee-in-charge, the Department shall grantconsider, anat extensiona ofminimum, the temporarycarrier's certificategross ofannual authorityintrastate forrevenue; an additional 90 days, except as otherwise prohibited in subsection (b) or this subsection (c).

the frequency, duration, and recurrence of the violation;

and the relative harm caused to the affected customer or other users of the network.

In imposing fines, the Commission shall take into account compensation or credits paid by the telecommunications carrier to its customers pursuant to this Section in compensation for the violation found pursuant to this Section.

These rules shall become effective within one year after the effective date of this amendatory Act of the 92nd General Assembly.

(d) The rules shall, at a minimum, require each telecommunications carrier to do all of the following:

(1) Install basic local exchange service within 5 business days after receipt of an order from the customer unless the customer requests an installation date that is beyond 5 business days after placing the order for basic service and to inform the customer of its duty to install service within this timeframe.

If installation of service is requested on or by a date more than 5 business days in the future, the telecommunications carrier shall install service by the date requested.

A telecommunications carrier offering basic local exchange service utilizing SB1664 Enrolled - 49 - LRB098 07471 MGM 37541 b the network or network elements of another carrier shall install new lines for basic local exchange service within 3 business days after provisioning of the line or lines by the carrier whose network or network elements are being utilized is complete.

This subdivision (d)(1) does not apply to the migration of a customer between telecommunications carriers, so long as the customer maintains dial tone.

(2) Restore basic local exchange service for a customer within 30 hours of receiving notice that a customer is out of service.

This provision applies to service disruptions that occur when a customer switches existing basic local exchange service from one carrier to another.

(3) Keep all repair and installation appointments for basic local exchange service, when a customer premises visit requires a customer to be present.

(4) Inform a customer when a repair or installation appointment requires the customer to be present.

(e) The rules shall include provisions for customers to be credited by the telecommunications carrier for violations of basic local exchange service quality standards as described in subsection (d).

The credits shall be applied on the statement issued to the customer for the next monthly billing cycle following the violation or following the discovery of the violation.

The performance levels established in subsection (c) are solely for the purposes of consumer credits and shall SB1664 Enrolled - 50 - LRB098 07471 MGM 37541 b not be used as performance levels for the purposes of assessing penalties under Section 13-305.

At a minimum, the rules shall include the following:

(1) If a carrier fails to repair an out-of-service condition for basic local exchange service within 30 hours, the carrier shall provide a credit to the customer.

If the service disruption is for over 30 hours but less than 48 hours, the credit must be equal to a pro-rata portion of the monthly recurring charges for all local services disrupted.

If the service disruption is for more than 48 hours, but not more than 72 hours, the credit must be equal to at least 33% of one month's recurring charges for all local services disrupted.

If the service disruption is for more than 72 hours, but not more than 96 hours, the credit must be equal to at least 67% of one month's recurring charges for all local services disrupted.

If the service disruption is for more than 96 hours, but not more than 120 hours, the credit must be equal to one month's recurring charges for all local services disrupted.

For each day or portion thereof that the service disruption continues beyond the initial 120-hour period, the carrier shall also provide an additional credit of $20 per day.

(2) If a carrier fails to install basic local exchange service as required under subdivision (d)(1), the carrier shall waive 50% of any installation charges, or in the absence of an installation charge or where installation is SB1664 Enrolled - 51 - LRB098 07471 MGM 37541 b pursuant to the Link Up program, the carrier shall provide a credit of $25.

If a carrier fails to install service within 10 business days after the service application is placed, or fails to install service within 5 business days after the customer's requested installation date, if the requested date was more than 5 business days after the date of the order, the carrier shall waive 100% of the installation charge, or in the absence of an installation charge or where installation is provided pursuant to the Link Up program, the carrier shall provide a credit of $50.

For each day that the failure to install service continues beyond the initial 10 business days, or beyond 5 business days after the customer's requested installation date, if the requested date was more than 5 business days after the date of the order, the carrier shall also provide an additional credit of $20 per day until service is installed.

(3) If a carrier fails to keep a scheduled repair or installation appointment when a customer premises visit requires a customer to be present, the carrier shall credit the customer $25 per missed appointment.

A credit required by this subsection does not apply when the carrier provides the customer notice of its inability to keep the appointment no later than 8 p.m.

of the day prior to the scheduled date of the appointment.

(4) If the violation of a basic local exchange service SB1664 Enrolled - 52 - LRB098 07471 MGM 37541 b quality standard is caused by a carrier other than the carrier providing retail service to the customer, the carrier providing retail service to the customer shall credit the customer as provided in this Section.

The carrier causing the violation shall reimburse the carrier providing retail service the amount credited the customer.

When applicable, an interconnection agreement shall govern compensation between the carrier causing the violation, in whole or in part, and the retail carrier providing the credit to the customer.

(5) (Blank).

(6) Credits required by this subsection do not apply if the violation of a service quality standard:

(i) occurs as a result of a negligent or willful act on the part of the customer;

(ii) occurs as a result of a malfunction of customer-owned telephone equipment or inside wiring;

(iii) occurs as a result of, or is extended by, an emergency situation as defined in Commission rules;

(iv) is extended by the carrier's inability to gain access to the customer's premises due to the customer missing an appointment, provided that the violation is not further extended by the carrier;

(v) occurs as a result of a customer request to change the scheduled appointment, provided that the violation is not further extended by the carrier;

SB1664 Enrolled - 53 - LRB098 07471 MGM 37541 b (vi) occurs as a result of a carrier's right to refuse service to a customer as provided in Commission rules;

or (vii) occurs as a result of a lack of facilities where a customer requests service at a geographically remote location, a customer requests service in a geographic area where the carrier is not currently offering service, or there are insufficient facilities to meet the customer's request for service, subject to a carrier's obligation for reasonable facilities planning.

(7) The provisions of this subsection are cumulative and shall not in any way diminish or replace other civil or administrative remedies available to a customer or a class of customers.

(f) The rules shall require each telecommunications carrier to provide to the Commission, on a quarterly basis and in a form suitable for posting on the Commission's website, a public report that includes performance data for basic local exchange service quality of service.

The performance data shall be disaggregated for each geographic area and each customer class of the State for which the telecommunications carrier internally monitored performance data as of a date 120 days preceding the effective date of this amendatory Act of the 92nd General Assembly.

The report shall include, at a minimum, performance data on basic local exchange service SB1664 Enrolled - 54 - LRB098 07471 MGM 37541 b installations, lines out of service for more than 30 hours, carrier response to customer calls, trouble reports, and missed repair and installation commitments.