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1 | AN ACT concerning local government.
| ||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||
4 | Section 5. The Counties Code is amended by changing Section | ||||||||||||||||||||||||||
5 | 5-1095.1 as follows: | ||||||||||||||||||||||||||
6 | (55 ILCS 5/5-1095.1)
| ||||||||||||||||||||||||||
7 | Sec. 5-1095.1. County franchise fee or service provider fee | ||||||||||||||||||||||||||
8 | review; requests for information. | ||||||||||||||||||||||||||
9 | (a) If pursuant to its franchise agreement with a community | ||||||||||||||||||||||||||
10 | antenna television system (CATV) operator, a county imposes a | ||||||||||||||||||||||||||
11 | franchise fee authorized by 47 U.S.C. 542 or
if
a
community
| ||||||||||||||||||||||||||
12 | antenna
television
system
(CATV)
operator
providing
cable
or
| ||||||||||||||||||||||||||
13 | video
service
in
that
county is
required
to
pay
the
service
| ||||||||||||||||||||||||||
14 | provider
fees
imposed
by
the
Cable
and
Video
Competition
Law
of
| ||||||||||||||||||||||||||
15 | 2007, then the county may conduct an audit of that CATV | ||||||||||||||||||||||||||
16 | operator's franchise fees or service provider fees derived from | ||||||||||||||||||||||||||
17 | the provision of cable and video services to subscribers within | ||||||||||||||||||||||||||
18 | the franchise area to determine whether the amount of franchise | ||||||||||||||||||||||||||
19 | fees or service provider fees paid by that CATV operator to the | ||||||||||||||||||||||||||
20 | county was accurate. Any audit conducted under this subsection | ||||||||||||||||||||||||||
21 | (a) shall determine, for a period of not more than 4 years | ||||||||||||||||||||||||||
22 | after the date the franchise fees or service provider fees were | ||||||||||||||||||||||||||
23 | due, any overpayment or underpayment to the county by the CATV |
| |||||||
| |||||||
1 | operator, and the amount due to the county or CATV operator is | ||||||
2 | limited to the net difference. | ||||||
3 | (b) Not more than once every 2 years, a county or its agent | ||||||
4 | that is authorized to perform an audit as set forth in | ||||||
5 | subsection (a) may, subject to the limitations and protections | ||||||
6 | stated in the Local Government Taxpayers' Bill of Rights Act, | ||||||
7 | request information from the CATV operator in the format | ||||||
8 | maintained by the CATV operator in the ordinary course of its | ||||||
9 | business that the county reasonably requires in order to | ||||||
10 | perform an audit under subsection (a). The information that may | ||||||
11 | be requested by the county includes without limitation the | ||||||
12 | following: | ||||||
13 | (1) in an electronic format used by the CATV operator | ||||||
14 | in the ordinary course of its business, the database used | ||||||
15 | by the CATV operator to determine the amount of the | ||||||
16 | franchise fee or service provider fee due to the county; | ||||||
17 | and | ||||||
18 | (2) in a format used by the CATV operator in the | ||||||
19 | ordinary course of its business, summary data, as needed by | ||||||
20 | the county, to determine the CATV operator's franchise fees | ||||||
21 | or service provider fees derived from the provision of | ||||||
22 | cable and video services to subscribers within the CATV | ||||||
23 | operator's franchise area. | ||||||
24 | (c) The CATV operator must provide the information | ||||||
25 | requested under subsection (b) within: | ||||||
26 | (1) 60 days after the receipt of the request if the |
| |||||||
| |||||||
1 | population of the requesting county is 500,000 or less; or | ||||||
2 | (2) 90 days after the receipt of the request if the | ||||||
3 | population of the requesting county exceeds 500,000. | ||||||
4 | The time in which a CATV operator must provide the | ||||||
5 | information requested under subsection (b) may be extended by | ||||||
6 | written agreement between the county or its agent and the CATV | ||||||
7 | operator. | ||||||
8 | (c-5) The
county
or
its
agent
must
provide
an
initial
| ||||||
9 | report
of
its
audit
findings
to
the
CATV
operator
no
later
than
| ||||||
10 | 90
days
after
the
information
set
forth
in
subsection
(b) of | ||||||
11 | this Section
has
been
provided
by
the
CATV
operator.
This
| ||||||
12 | 90-day
timeline
may
be
extended
one
time
by
written
agreement
| ||||||
13 | between
the
county
or
its
agent
and
the
CATV
operator.
However,
| ||||||
14 | in
no
event
shall
an
extension
of
time
exceed
90
days.
This
| ||||||
15 | initial
report
of
audit
findings
shall
detail
the
basis
of
its
| ||||||
16 | findings
and
provide,
but
not
be
limited
to,
the
following
| ||||||
17 | information:
(i)
any
overpayments
of
franchise
fees
or
service
| ||||||
18 | provider
fees,
(ii)
any
underpayments
of
franchise
fees
or
| ||||||
19 | service
provider
fees,
(iii)
the complete list of all addresses | ||||||
20 | within the corporate limits of the county for which the audit | ||||||
21 | is being conducted, (iv) all
county
addresses
that
should
be
| ||||||
22 | included
in
the
CATV
operator's
database
and
attributable
to
| ||||||
23 | that
county
for
determination
of
franchise
fees
or
service
| ||||||
24 | provider
fees,
and
(v) (iv)
addresses
that
should
not
be
| ||||||
25 | included
in
the
CATV
operator's
database
and
addresses
that
are
| ||||||
26 | not
attributable
to
that
county
for
determination
of
franchise
|
| |||||||
| |||||||
1 | fees
or
service
provider
fees.
Generally
accepted
auditing
| ||||||
2 | standards
shall
be
utilized
by
the
county
and
its
agents
in
its
| ||||||
3 | review
of
information
provided
by
the
CATV
operator. | ||||||
4 | (c-10)
In
the
event
that
the
county
or
its
agent
does
not
| ||||||
5 | provide
the
initial
report
of
the
audit
findings
to
the
CATV
| ||||||
6 | operator
with
the
timeframes
set
forth
in
subsection
(c-5) of | ||||||
7 | this Section,
then
the
audit
shall
be
deemed
completed
and
to
| ||||||
8 | have
conclusively
found
that
there
was
no
overpayment
or
| ||||||
9 | underpayment
by
the
CATV
operator
for the audit period during
| ||||||
10 | the
24
months
prior
to
the
county
or
its
agents
requesting
the
| ||||||
11 | information
set
forth
in
subsection
(b) of this Section . | ||||||
12 | (d) If an audit by the county or its agents finds an error | ||||||
13 | by the CATV operator in the amount of the franchise fees or | ||||||
14 | service provider fees paid by the CATV operator to the county, | ||||||
15 | then the county shall notify the CATV operator of the error. | ||||||
16 | Any such notice must be given to the CATV operator by the | ||||||
17 | county or its agent within 90 days after the county or its | ||||||
18 | agent discovers the error, and no later than 4 years after the | ||||||
19 | date the franchise fee or service provider fee was due. Upon | ||||||
20 | such a notice, the CATV operator must submit a written response | ||||||
21 | within 60 days after receipt of the notice stating that the | ||||||
22 | CATV operator has corrected the error on a prospective basis or | ||||||
23 | stating the reason that the error is inapplicable or | ||||||
24 | inaccurate. The county or its agent then has 60 days after the | ||||||
25 | receipt of the CATV operator's response to review and contest | ||||||
26 | the conclusion of the CATV operator. No legal proceeding to |
| |||||||
| |||||||
1 | collect a deficiency or overpayment based upon an alleged error | ||||||
2 | shall be commenced unless within 180 days after the county's | ||||||
3 | notification of the error to the CATV operator the parties are | ||||||
4 | unable to agree on the disposition of the audit findings. | ||||||
5 | Any
legal
proceeding
to
collect
a
deficiency
as
set
forth
| ||||||
6 | in
this subsection
(d)
shall
be
filed
in
the
appropriate
| ||||||
7 | circuit
court. | ||||||
8 | (e) No CATV operator is liable for any error in past | ||||||
9 | franchise fee or service provider fee payments that was unknown | ||||||
10 | by the CATV operator prior to the audit process unless (i) the | ||||||
11 | error was due to negligence on the part of the CATV operator in | ||||||
12 | the collection or processing of required data and (ii) the | ||||||
13 | county had not failed to respond in writing in a timely manner | ||||||
14 | to any written request of the CATV operator to review and | ||||||
15 | correct information used by the CATV operator to calculate the | ||||||
16 | appropriate franchise fees or service provider fees if a | ||||||
17 | diligent review of such information by the county reasonably | ||||||
18 | could have been expected to discover such error. | ||||||
19 | (f) All account specific information provided by a CATV | ||||||
20 | operator under this Section may be used only for the purpose of | ||||||
21 | an audit conducted under this Section and the enforcement of | ||||||
22 | any franchise fee or service provider fee delinquent claim. All | ||||||
23 | such information must be held in strict confidence by the | ||||||
24 | county and its agents and may not be disclosed to the public | ||||||
25 | under the Freedom of Information Act or under any other similar | ||||||
26 | statutes allowing for or requiring public disclosure. |
| |||||||
| |||||||
1 | (f-5)
All
contracts
by
and
between
a
county
and
a
third
| ||||||
2 | party
for
the
purposes
of
conducting
an
audit
as
contemplated
| ||||||
3 | in
this
Code
shall
be
disclosed
to
the
public
under
the
Freedom
| ||||||
4 | of
Information
Act
or
under
similar
statutes
allowing
for
or
| ||||||
5 | requiring
public
disclosure. | ||||||
6 | (g) For the purposes of this Section, "CATV operator" means | ||||||
7 | a person or entity that provides cable and video services under | ||||||
8 | a franchise agreement with a county pursuant to Section 5-1095 | ||||||
9 | of the Counties Code and a holder authorized under Section | ||||||
10 | 21-401 of the Cable and Video Competition Law of 2007 as | ||||||
11 | consistent with Section 21-901 of that Law. | ||||||
12 | (h) (Blank). This Section does not apply to any action that | ||||||
13 | was commenced, to any complaint that was filed, or to any audit | ||||||
14 | that was commenced before the effective date of this amendatory | ||||||
15 | Act of the 96th General Assembly. This Section also does not | ||||||
16 | apply to any franchise agreement that was entered into before | ||||||
17 | the effective date of this amendatory Act of the 96th General | ||||||
18 | Assembly unless the franchise agreement contains audit | ||||||
19 | provisions but no specifics regarding audit procedures. | ||||||
20 | (h-5) This Section applies to: (i) any franchise agreement | ||||||
21 | entered into, amended or renewed on or after the effective date | ||||||
22 | of this Amendatory Act of the 100th General Assembly; and (ii) | ||||||
23 | any franchise fee or service provider fee audit of a CATV | ||||||
24 | operator conducted pursuant to this Section on or after the | ||||||
25 | effective date of this Amendatory Act of the 100th General | ||||||
26 | Assembly. |
| |||||||
| |||||||
1 | (i) The provisions of this Section shall not be construed | ||||||
2 | as diminishing or replacing any civil remedy available to a | ||||||
3 | county, taxpayer, or tax collector. | ||||||
4 | (j) If a contingent fee is paid to an auditor, then the | ||||||
5 | payment must be based upon the net difference of the complete | ||||||
6 | audit , and the fee paid to auditors, including subcontractors, | ||||||
7 | may not exceed 25% of the net amount recovered, inclusive of | ||||||
8 | interest and penalties . | ||||||
9 | (k) A Within 90 days after the effective date of this | ||||||
10 | amendatory Act of the 96th General Assembly, a county shall | ||||||
11 | provide to each any CATV operator an updated a complete list of | ||||||
12 | addresses within the corporate limits of the county and shall | ||||||
13 | annually update the list . In addition, the county shall provide | ||||||
14 | a CATV operator the updated address list within 90 days after | ||||||
15 | the date of a written request by the CATV operator. | ||||||
16 | As a prerequisite to performing an audit of a CATV | ||||||
17 | operator's franchise fees or service provider fees derived from | ||||||
18 | the provision of cable and video services to subscribers within | ||||||
19 | the franchise area, a county shall provide to a CATV operator | ||||||
20 | the complete list of addresses within the corporate limits of | ||||||
21 | the county for each calendar year subject to the audit. If an | ||||||
22 | address is not included in the list or if no list is provided, | ||||||
23 | the CATV operator shall be held harmless for any franchise fee | ||||||
24 | underpayments, including penalty and interest, from situsing | ||||||
25 | errors if it used a reasonable methodology to assign the | ||||||
26 | address or addresses to a county. |
| |||||||
| |||||||
1 | (l) This Section is a denial and limitation of home rule | ||||||
2 | powers and functions under subsection (h) of Section 6 of | ||||||
3 | Article VII of the Illinois Constitution.
| ||||||
4 | (Source: P.A. 99-6, eff. 6-29-15.) | ||||||
5 | Section 10. The Illinois Municipal Code is amended by | ||||||
6 | changing Section 11-42-11.05 as follows: | ||||||
7 | (65 ILCS 5/11-42-11.05)
| ||||||
8 | Sec. 11-42-11.05. Municipal franchise fee or service | ||||||
9 | provider fee review; requests for information. | ||||||
10 | (a) If pursuant to its franchise agreement with a community | ||||||
11 | antenna television system (CATV) operator, a municipality | ||||||
12 | imposes a franchise fee authorized by 47 U.S.C. 542 or
if
a
| ||||||
13 | community
antenna
television
system
(CATV)
operator
providing
| ||||||
14 | cable
or
video
service
in
that
municipality
is
required
to
pay
| ||||||
15 | the
service
provider
fees
imposed
by
the
Cable
and
Video
| ||||||
16 | Competition
Law
of
2007, then the municipality may conduct an | ||||||
17 | audit of that CATV operator's franchise fees or service | ||||||
18 | provider fees derived from the provision of cable and video | ||||||
19 | services to subscribers within the franchise area to determine | ||||||
20 | whether the amount of franchise fees or service provider fees | ||||||
21 | paid by that CATV operator to the municipality was accurate. | ||||||
22 | Any audit conducted under this subsection (a) shall determine, | ||||||
23 | for a period of not more than 4 years after the date the | ||||||
24 | franchise fees or service provider fees were due, any |
| |||||||
| |||||||
1 | overpayment or underpayment to the municipality by the CATV | ||||||
2 | operator, and the amount due to the municipality or CATV | ||||||
3 | operator is limited to the net difference. | ||||||
4 | (b) Not more than once every 2 years, a municipality or its | ||||||
5 | agent that is authorized to perform an audit as set forth in | ||||||
6 | subsection (a) of this Section may, subject to the limitations | ||||||
7 | and protections stated in the Local Government Taxpayers' Bill | ||||||
8 | of Rights Act, request information from the CATV operator in | ||||||
9 | the format maintained by the CATV operator in the ordinary | ||||||
10 | course of its business that the municipality reasonably | ||||||
11 | requires in order to perform an audit under subsection (a). The | ||||||
12 | information that may be requested by the municipality includes | ||||||
13 | without limitation the following: | ||||||
14 | (1) in an electronic format used by the CATV operator | ||||||
15 | in the ordinary course of its business, the database used | ||||||
16 | by the CATV operator to determine the amount of the | ||||||
17 | franchise fee or service provider fee due to the | ||||||
18 | municipality; and | ||||||
19 | (2) in a format used by the CATV operator in the | ||||||
20 | ordinary course of its business, summary data, as needed by | ||||||
21 | the municipality, to determine the CATV operator's | ||||||
22 | franchise fees or service provider fees derived from the | ||||||
23 | provision of cable and video services to subscribers within | ||||||
24 | the CATV operator's franchise area. | ||||||
25 | (c) The CATV operator must provide the information | ||||||
26 | requested under subsection (b) within: |
| |||||||
| |||||||
1 | (1) 60 days after the receipt of the request if the | ||||||
2 | population of the requesting municipality is 500,000 or | ||||||
3 | less; or | ||||||
4 | (2) 90 days after the receipt of the request if the | ||||||
5 | population of the requesting municipality exceeds 500,000. | ||||||
6 | The time in which a CATV operator must provide the | ||||||
7 | information requested under subsection (b) may be extended by | ||||||
8 | written agreement between the municipality or its agent and the | ||||||
9 | CATV operator. | ||||||
10 | (c-5) The
municipality
or
its
agent
must
provide
an
initial
| ||||||
11 | report
of
its
audit
findings
to
the
CATV
operator
no
later
than
| ||||||
12 | 90
days
after
the
information
set
forth
in
subsection
(b)
of | ||||||
13 | this Section has
been
provided
by
the
CATV
operator.
This
| ||||||
14 | 90-day
timeline
may
be
extended
one
time
by
written
agreement
| ||||||
15 | between
the
municipality
or
its
agents
and
the
CATV
operator.
| ||||||
16 | However,
in
no
event
shall
an
extension
of
time
exceed
90
days.
| ||||||
17 | This
initial
report
of
audit
findings
shall
detail
the
basis
of
| ||||||
18 | its
findings
and
provide,
but
not
be
limited
to,
the
following
| ||||||
19 | information:
(i)
any
overpayments
of
franchise
fees
or
service
| ||||||
20 | provider
fees,
(ii)
any
underpayments
of
franchise
fees
or
| ||||||
21 | service
provider
fees,
(iii)
the complete list of all addresses | ||||||
22 | within the corporate limits of the municipality for which the | ||||||
23 | audit is being conducted, (iv) all
municipal
addresses
that
| ||||||
24 | should
be
included
in
the
CATV
operator's
database
and
| ||||||
25 | attributable
to
that
municipality
for
determination
of
| ||||||
26 | franchise
fees
or
service
provider
fees,
and
(v) (iv)
addresses
|
| |||||||
| |||||||
1 | that
should
not
be
included
in
the
CATV
operator's
database
and
| ||||||
2 | addresses
that
are
not
attributable
to
that
municipality
for
| ||||||
3 | determination
of
franchise
fees
or
service
provider
fees.
| ||||||
4 | Generally
accepted
auditing
standards
shall
be
utilized
by
the
| ||||||
5 | municipality
and
its
agents
in
its
review
of
information
| ||||||
6 | provided
by
the
CATV
operator. | ||||||
7 | (c-10)
In
the
event
that
the
municipality
or
its
agent
does
| ||||||
8 | not
provide
the
initial
report
of
the
audit
findings
to
the
| ||||||
9 | CATV
operator
with
the
timeframes
set
forth
in
subsection
(c-5) | ||||||
10 | of this Section,
then
the
audit
shall
be
deemed
completed
and
| ||||||
11 | to
have
conclusively
found
that
there
was
no
overpayment
or
| ||||||
12 | underpayment
by
the
CATV
operator
for the audit period during
| ||||||
13 | the
24
months
prior
to
the
municipality
or
its
agents
| ||||||
14 | requesting
the
information
set
forth
in
subsection
(b) of this | ||||||
15 | Section . | ||||||
16 | (d) If an audit by the municipality or its agents finds an | ||||||
17 | error by the CATV operator in the amount of the franchise fees | ||||||
18 | or service provider fees paid by the CATV operator to the | ||||||
19 | municipality, then the municipality shall notify the CATV | ||||||
20 | operator of the error. Any such notice must be given to the | ||||||
21 | CATV operator by the municipality or its agent within 90 days | ||||||
22 | after the municipality or its agent discovers the error, and no | ||||||
23 | later than 4 years after the date the franchise fee or service | ||||||
24 | provider fee was due. Upon such a notice, the CATV operator | ||||||
25 | must submit a written response within 60 days after receipt of | ||||||
26 | the notice stating that the CATV operator has corrected the |
| |||||||
| |||||||
1 | error on a prospective basis or stating the reason that the | ||||||
2 | error is inapplicable or inaccurate. The municipality or its | ||||||
3 | agent then has 60 days after the receipt of the CATV operator's | ||||||
4 | response to review and contest the conclusion of the CATV | ||||||
5 | operator. No legal proceeding to collect a deficiency or | ||||||
6 | overpayment based upon an alleged error shall be commenced | ||||||
7 | unless within 180 days after the municipality's notification of | ||||||
8 | the error to the CATV operator the parties are unable to agree | ||||||
9 | on the disposition of the audit findings. | ||||||
10 | Any
legal
proceeding
to
collect
a
deficiency
as
set
forth
| ||||||
11 | in
this subsection
(d)
shall
be
filed
in
the
appropriate
| ||||||
12 | circuit
court. | ||||||
13 | (e) No CATV operator is liable for any error in past | ||||||
14 | franchise fee or service provider fee payments that was unknown | ||||||
15 | by the CATV operator prior to the audit process unless (i) the | ||||||
16 | error was due to negligence on the part of the CATV operator in | ||||||
17 | the collection or processing of required data and (ii) the | ||||||
18 | municipality had not failed to respond in writing in a timely | ||||||
19 | manner to any written request of the CATV operator to review | ||||||
20 | and correct information used by the CATV operator to calculate | ||||||
21 | the appropriate franchise fees or service provider fees if a | ||||||
22 | diligent review of such information by the municipality | ||||||
23 | reasonably could have been expected to discover such error. | ||||||
24 | (f) All account specific information provided by a CATV | ||||||
25 | operator under this Section may be used only for the purpose of | ||||||
26 | an audit conducted under this Section and the enforcement of |
| |||||||
| |||||||
1 | any franchise fee or service provider fee delinquent claim. All | ||||||
2 | such information must be held in strict confidence by the | ||||||
3 | municipality and its agents and may not be disclosed to the | ||||||
4 | public under the Freedom of Information Act or under any other | ||||||
5 | similar statutes allowing for or requiring public disclosure. | ||||||
6 | (f-5)
All
contracts
by
and
between
a
municipality
and
a
| ||||||
7 | third
party
for
the
purposes
of
conducting
an
audit
as
| ||||||
8 | contemplated
in
this
Article
shall
be
disclosed
to
the
public
| ||||||
9 | under
the
Freedom
of
Information
Act
or
under
similar
statutes
| ||||||
10 | allowing
for
or
requiring
public
disclosure. | ||||||
11 | (g) For the purposes of this Section, "CATV operator" means | ||||||
12 | a person or entity that provides cable and video services under | ||||||
13 | a franchise agreement with a municipality pursuant to Section | ||||||
14 | 11-42-11 of the Municipal Code and a holder authorized under | ||||||
15 | Section 21-401 of the Cable and Video Competition Law of 2007 | ||||||
16 | as consistent with Section 21-901 of that Law. | ||||||
17 | (h) (Blank). This Section does not apply to any action that | ||||||
18 | was commenced, to any complaint that was filed, or to any audit | ||||||
19 | that was commenced before the effective date of this amendatory | ||||||
20 | Act of the 96th General Assembly. This Section also does not | ||||||
21 | apply to any franchise agreement that was entered into before | ||||||
22 | the effective date of this amendatory Act of the 96th General | ||||||
23 | Assembly unless the franchise agreement contains audit | ||||||
24 | provisions but no specifics regarding audit procedures. | ||||||
25 | (h-5) This Section applies to: (i) any franchise agreement | ||||||
26 | entered into, amended or renewed on or after the effective date |
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1 | of this Amendatory Act of the 100th General Assembly; and (ii) | ||||||
2 | any franchise fee or service provider fee audit of a CATV | ||||||
3 | operator conducted pursuant to this Section on or after the | ||||||
4 | effective date of this Amendatory Act of the 100th General | ||||||
5 | Assembly. | ||||||
6 | (i) The provisions of this Section shall not be construed | ||||||
7 | as diminishing or replacing any civil remedy available to a | ||||||
8 | municipality, taxpayer, or tax collector. | ||||||
9 | (j) If a contingent fee is paid to an auditor, then the | ||||||
10 | payment must be based upon the net difference of the complete | ||||||
11 | audit , and the fee paid to auditors, including subcontractors, | ||||||
12 | may not exceed 25% of the net amount recovered, inclusive of | ||||||
13 | interest and penalties . | ||||||
14 | (k) A Within 90 days after the effective date of this | ||||||
15 | amendatory Act of the 96th General Assembly, a municipality | ||||||
16 | shall provide to each any CATV operator an updated a complete | ||||||
17 | list of addresses within the corporate limits of the | ||||||
18 | municipality and shall annually update the list . In addition, | ||||||
19 | the municipality shall provide a CATV operator the updated | ||||||
20 | address list within 90 days after the date of a written request | ||||||
21 | by the CATV operator. | ||||||
22 | As a prerequisite to performing an audit of a CATV | ||||||
23 | operator's franchise fees or service provider fees derived from | ||||||
24 | the provision of cable and video services to subscribers within | ||||||
25 | the franchise area, a county shall provide to a CATV operator | ||||||
26 | the complete list of addresses within the corporate limits of |
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1 | the county for each calendar year subject to the audit. If an | ||||||
2 | address is not included in the list or if no list is provided, | ||||||
3 | the CATV operator shall be held harmless for any franchise fee | ||||||
4 | underpayments, including penalty and interest, from situsing | ||||||
5 | errors if it used a reasonable methodology to assign the | ||||||
6 | address or addresses to a municipality. | ||||||
7 | (l) This Section is a denial and limitation of home rule | ||||||
8 | powers and functions under subsection (h) of Section 6 of | ||||||
9 | Article VII of the Illinois Constitution. | ||||||
10 | (m) This Section does not apply to any municipality having | ||||||
11 | a population of more than 1,000,000.
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12 | (Source: P.A. 99-6, eff. 6-29-15.)
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