Rep. John E. Bradley

Filed: 5/27/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 96

2    AMENDMENT NO. ______. Amend Senate Bill 96 by replacing
3everything after the enacting clause with the following:
 
4
"ARTICLE I

 
5    Section 1-5. The Attorney General Act is amended by
6changing Section 6.5 as follows:
 
7    (15 ILCS 205/6.5)
8    Sec. 6.5. Consumer Utilities Unit.
9    (a) The General Assembly finds that the health, welfare,
10and prosperity of all Illinois citizens, and the public's
11interest in adequate, safe, reliable, cost-effective electric,
12natural gas, water, cable, video, and telecommunications
13services, requires effective public representation by the
14Attorney General to protect the rights and interests of the
15public in the provision of all elements of electric, natural

 

 

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1gas, water, cable, video, and telecommunications service both
2during and after the transition to a competitive market, and
3that to ensure that the benefits of competition in the
4provision of electric, natural gas, water, cable, video, and
5telecommunications services to all consumers are attained,
6there shall be created within the Office of the Attorney
7General a Consumer Utilities Unit.
8    (b) As used in this Section: "Electric services" means
9services sold by an electric service provider. "Electric
10service provider" shall mean anyone who sells, contracts to
11sell, or markets electric power, generation, distribution,
12transmission, or services (including metering and billing) in
13connection therewith. Electric service providers shall include
14any electric utility and any alternative retail electric
15supplier as defined in Section 16-102 of the Public Utilities
16Act.
17    (b-5) As used in this Section: "Telecommunications
18services" means services sold by a telecommunications carrier,
19as provided for in Section 13-203 of the Public Utilities Act.
20"Telecommunications carrier" means anyone who sells, contracts
21to sell, or markets telecommunications services, whether
22noncompetitive or competitive, including access services,
23interconnection services, or any services in connection
24therewith. Telecommunications carriers include any carrier as
25defined in Section 13-202 of the Public Utilities Act.
26    (b-10) As used in this Section, "natural gas services"

 

 

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1means natural gas services sold by a "gas utility" or by an
2"alternative gas supplier", as those terms are defined in
3Section 19-105 of the Public Utilities Act.
4    (b-15) As used in this Section, "water services" means
5services sold by any corporation, company, limited liability
6company, association, joint stock company or association,
7firm, partnership, or individual, its lessees, trustees, or
8receivers appointed by any court and that owns, controls,
9operates, or manages within this State, directly or indirectly,
10for public use, any plant, equipment, or property used or to be
11used for or in connection with (i) the production, storage,
12transmission, sale, delivery, or furnishing of water or (ii)
13the treatment, storage, transmission, disposal, sale of
14services, delivery, or furnishing of sewage or sewage services.
15    (b-20) As used in this Section, "cable service and video
16service" means services sold by anyone who sells, contracts to
17sell, or markets cable services or video services pursuant to a
18State-issued authorization under the Cable and Video
19Competition Law of 2007.
20    (c) There is created within the Office of the Attorney
21General a Consumer Utilities Unit, consisting of Assistant
22Attorneys General appointed by the Attorney General, who,
23together with such other staff as is deemed necessary by the
24Attorney General, shall have the power and duty on behalf of
25the people of the State to intervene in, initiate, enforce, and
26defend all legal proceedings on matters relating to the

 

 

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1provision, marketing, and sale of electric, natural gas, water,
2cable, video, and telecommunications service whenever the
3Attorney General determines that such action is necessary to
4promote or protect the rights and interests of all Illinois
5citizens, classes of customers, and users of electric, natural
6gas, water, cable, video, and telecommunications services.
7    (d) In addition to the investigative and enforcement powers
8available to the Attorney General, including without
9limitation those under the Consumer Fraud and Deceptive
10Business Practices Act, the Illinois Antitrust Act, and any
11other law of this State, the Attorney General shall be a party
12as a matter of right to all proceedings, investigations, and
13related matters involving the provision of electric, natural
14gas, water, cable, video, and telecommunications services
15before the Illinois Commerce Commission, the courts, and other
16public bodies. Upon request, the Office of the Attorney General
17shall have access to and the use of all files, records, data,
18and documents in the possession or control of the Commission.
19The Office of the Attorney General may use information obtained
20under this Section, including information that is designated as
21and that qualifies for confidential treatment, which
22information the Attorney General's office shall maintain as
23confidential, to be used for law enforcement purposes only,
24which information may be shared with other law enforcement
25officials. Nothing in this Section is intended to take away or
26limit any of the powers the Attorney General has pursuant to

 

 

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1common law or other statutory law.
2(Source: P.A. 94-291, eff. 7-21-05; 95-9, eff. 6-30-07; 95-876,
3eff. 8-21-08.)
 
4    Section 1-10. The Department of State Police Law of the
5Civil Administrative Code of Illinois is amended by changing
6Section 2605-25 and by adding Section 2605-52 as follows:
 
7    (20 ILCS 2605/2605-25)  (was 20 ILCS 2605/55a-1)
8    Sec. 2605-25. Department divisions. The Department is
9divided into the Illinois State Police Academy, the Office of
10the Statewide 9-1-1 Administrator, and 4 divisions: the
11Division of Operations, the Division of Forensic Services, the
12Division of Administration, and the Division of Internal
13Investigation. Beginning on July 1, 2015, there shall be the
14Division of the Statewide 9-1-1 Administrator within the
15Department of State Police to develop, implement, and oversee a
16uniform statewide 9-1-1 system for all areas of the State
17outside of municipalities having a population of more than
18500,000.
19(Source: P.A. 98-634, eff. 6-6-14.)
 
20    (20 ILCS 2605/2605-52 new)
21    Sec. 2605-52. Office of the Statewide 9-1-1 Administrator.
22    (a) There shall be established an Office of the Statewide
239-1-1 Administrator within the Department. Beginning January

 

 

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11, 2016, the Office of the Statewide 9-1-1 Administrator shall
2be responsible for developing, implementing, and overseeing a
3uniform statewide 9-1-1 system for all areas of the State
4outside of municipalities having a population over 500,000.
5    (b) The Governor shall appoint, with the advice and consent
6of the Senate, a Statewide 9-1-1 Administrator. The
7Administrator shall serve for a term of 2 years, and until a
8successor is appointed and qualified; except that the term of
9the first 9-1-1 Administrator appointed under this Act shall
10expire on the third Monday in January, 2017. The Administrator
11shall not hold any other remunerative public office. The
12Administrator shall receive an annual salary as set by the
13Governor.
 
14    Section 1-15. The State Finance Act is amended by adding
15Section 5.866 as follows:
 
16    (30 ILCS 105/5.866 new)
17    Sec. 5.866. The Illinois Telecommunications Access
18Corporation Fund.
 
19    Section 1-20. The Emergency Telephone System Act is amended
20by changing Section 15.3 and by adding Sections 19, 75, and 99
21as follows:
 
22    (50 ILCS 750/15.3)  (from Ch. 134, par. 45.3)

 

 

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1    Sec. 15.3. Local non-wireless surcharge Surcharge.
2    (a) Except as provided in subsection (l) of this Section,
3the The corporate authorities of any municipality or any county
4may, subject to the limitations of subsections (c), (d), and
5(h), and in addition to any tax levied pursuant to the
6Simplified Municipal Telecommunications Tax Act, impose a
7monthly surcharge on billed subscribers of network connection
8provided by telecommunication carriers engaged in the business
9of transmitting messages by means of electricity originating
10within the corporate limits of the municipality or county
11imposing the surcharge at a rate per network connection
12determined in accordance with subsection (c), however the
13monthly surcharge shall not apply to a network connection
14provided for use with pay telephone services. Provided,
15however, that where multiple voice grade communications
16channels are connected between the subscriber's premises and a
17public switched network through private branch exchange (PBX)
18or centrex type service, a municipality imposing a surcharge at
19a rate per network connection, as determined in accordance with
20this Act, shall impose:
21        (i) in a municipality with a population of 500,000 or
22    less or in any county, 5 such surcharges per network
23    connection, as determined in accordance with subsections
24    (a) and (d) of Section 2.12 of this Act, for both regular
25    service and advanced service provisioned trunk lines;
26        (ii) in a municipality with a population, prior to

 

 

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1    March 1, 2010, of 500,000 or more, 5 surcharges per network
2    connection, as determined in accordance with subsections
3    (a) and (d) of Section 2.12 of this Act, for both regular
4    service and advanced service provisioned trunk lines;
5        (iii) in a municipality with a population, as of March
6    1, 2010, of 500,000 or more, 5 surcharges per network
7    connection, as determined in accordance with subsections
8    (a) and (d) of Section 2.12 of this Act, for regular
9    service provisioned trunk lines, and 12 surcharges per
10    network connection, as determined in accordance with
11    subsections (a) and (d) of Section 2.12 of this Act, for
12    advanced service provisioned trunk lines, except where an
13    advanced service provisioned trunk line supports at least 2
14    but fewer than 23 simultaneous voice grade calls ("VGC's"),
15    a telecommunication carrier may elect to impose fewer than
16    12 surcharges per trunk line as provided in subsection (iv)
17    of this Section; or
18        (iv) for an advanced service provisioned trunk line
19    connected between the subscriber's premises and the public
20    switched network through a P.B.X., where the advanced
21    service provisioned trunk line is capable of transporting
22    at least 2 but fewer than 23 simultaneous VGC's per trunk
23    line, the telecommunications carrier collecting the
24    surcharge may elect to impose surcharges in accordance with
25    the table provided in this Section, without limiting any
26    telecommunications carrier's obligations to otherwise keep

 

 

 

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1    and maintain records. Any telecommunications carrier
2    electing to impose fewer than 12 surcharges per an advanced
3    service provisioned trunk line shall keep and maintain
4    records adequately to demonstrate the VGC capability of
5    each advanced service provisioned trunk line with fewer
6    than 12 surcharges imposed, provided that 12 surcharges
7    shall be imposed on an advanced service provisioned trunk
8    line regardless of the VGC capability where a
9    telecommunications carrier cannot demonstrate the VGC
10    capability of the advanced service provisioned trunk line.
 
11Facility VGC's 911 Surcharges
12Advanced service provisioned trunk line 18-23 12
13Advanced service provisioned trunk line 12-17 10
14Advanced service provisioned trunk line 2-11 8
15    Subsections (i), (ii), (iii), and (iv) are not intended to
16make any change in the meaning of this Section, but are
17intended to remove possible ambiguity, thereby confirming the
18intent of paragraph (a) as it existed prior to and following
19the effective date of this amendatory Act of the 97th General
20Assembly.
21    For mobile telecommunications services, if a surcharge is
22imposed it shall be imposed based upon the municipality or
23county that encompasses the customer's place of primary use as
24defined in the Mobile Telecommunications Sourcing Conformity

 

 

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1Act. A municipality may enter into an intergovernmental
2agreement with any county in which it is partially located,
3when the county has adopted an ordinance to impose a surcharge
4as provided in subsection (c), to include that portion of the
5municipality lying outside the county in that county's
6surcharge referendum. If the county's surcharge referendum is
7approved, the portion of the municipality identified in the
8intergovernmental agreement shall automatically be
9disconnected from the county in which it lies and connected to
10the county which approved the referendum for purposes of a
11surcharge on telecommunications carriers.
12    (b) For purposes of computing the surcharge imposed by
13subsection (a), the network connections to which the surcharge
14shall apply shall be those in-service network connections,
15other than those network connections assigned to the
16municipality or county, where the service address for each such
17network connection or connections is located within the
18corporate limits of the municipality or county levying the
19surcharge. Except for mobile telecommunication services, the
20"service address" shall mean the location of the primary use of
21the network connection or connections. For mobile
22telecommunication services, "service address" means the
23customer's place of primary use as defined in the Mobile
24Telecommunications Sourcing Conformity Act.
25    (c) Upon the passage of an ordinance to impose a surcharge
26under this Section the clerk of the municipality or county

 

 

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1shall certify the question of whether the surcharge may be
2imposed to the proper election authority who shall submit the
3public question to the electors of the municipality or county
4in accordance with the general election law; provided that such
5question shall not be submitted at a consolidated primary
6election. The public question shall be in substantially the
7following form:
8-------------------------------------------------------------
9    Shall the county (or city, village
10or incorporated town) of ..... impose          YES
11a surcharge of up to ... per month per
12network connection, which surcharge will
13be added to the monthly bill you receive   ------------------
14for telephone or telecommunications
15charges, for the purpose of installing
16(or improving) a 9-1-1 Emergency               NO
17Telephone System?
18-------------------------------------------------------------
19    If a majority of the votes cast upon the public question
20are in favor thereof, the surcharge shall be imposed.
21    However, if a Joint Emergency Telephone System Board is to
22be created pursuant to an intergovernmental agreement under
23Section 15.4, the ordinance to impose the surcharge shall be
24subject to the approval of a majority of the total number of
25votes cast upon the public question by the electors of all of
26the municipalities or counties, or combination thereof, that

 

 

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1are parties to the intergovernmental agreement.
2    The referendum requirement of this subsection (c) shall not
3apply to any municipality with a population over 500,000 or to
4any county in which a proposition as to whether a sophisticated
59-1-1 Emergency Telephone System should be installed in the
6county, at a cost not to exceed a specified monthly amount per
7network connection, has previously been approved by a majority
8of the electors of the county voting on the proposition at an
9election conducted before the effective date of this amendatory
10Act of 1987.
11    (d) A county may not impose a surcharge, unless requested
12by a municipality, in any incorporated area which has
13previously approved a surcharge as provided in subsection (c)
14or in any incorporated area where the corporate authorities of
15the municipality have previously entered into a binding
16contract or letter of intent with a telecommunications carrier
17to provide sophisticated 9-1-1 service through municipal
18funds.
19    (e) A municipality or county may at any time by ordinance
20change the rate of the surcharge imposed under this Section if
21the new rate does not exceed the rate specified in the
22referendum held pursuant to subsection (c).
23    (f) The surcharge authorized by this Section shall be
24collected from the subscriber by the telecommunications
25carrier providing the subscriber the network connection as a
26separately stated item on the subscriber's bill.

 

 

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1    (g) The amount of surcharge collected by the
2telecommunications carrier shall be paid to the particular
3municipality or county or Joint Emergency Telephone System
4Board not later than 30 days after the surcharge is collected,
5net of any network or other 9-1-1 or sophisticated 9-1-1 system
6charges then due the particular telecommunications carrier, as
7shown on an itemized bill. The telecommunications carrier
8collecting the surcharge shall also be entitled to deduct 3% of
9the gross amount of surcharge collected to reimburse the
10telecommunications carrier for the expense of accounting and
11collecting the surcharge.
12    (h) Except as expressly provided in subsection (a) of this
13Section, on or after the effective date of this amendatory Act
14of the 98th General Assembly and until July 1, 2017 2015, a
15municipality with a population of 500,000 or more shall not
16impose a monthly surcharge per network connection in excess of
17the highest monthly surcharge imposed as of January 1, 2014 by
18any county or municipality under subsection (c) of this
19Section. On or after July 1, 2017 2015, a municipality with a
20population over 500,000 may not impose a monthly surcharge in
21excess of $2.50 per network connection.
22    (i) Any municipality or county or joint emergency telephone
23system board that has imposed a surcharge pursuant to this
24Section prior to the effective date of this amendatory Act of
251990 shall hereafter impose the surcharge in accordance with
26subsection (b) of this Section.

 

 

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1    (j) The corporate authorities of any municipality or county
2may issue, in accordance with Illinois law, bonds, notes or
3other obligations secured in whole or in part by the proceeds
4of the surcharge described in this Section. Notwithstanding any
5change in law subsequent to the issuance of any bonds, notes or
6other obligations secured by the surcharge, every municipality
7or county issuing such bonds, notes or other obligations shall
8be authorized to impose the surcharge as though the laws
9relating to the imposition of the surcharge in effect at the
10time of issuance of the bonds, notes or other obligations were
11in full force and effect until the bonds, notes or other
12obligations are paid in full. The State of Illinois pledges and
13agrees that it will not limit or alter the rights and powers
14vested in municipalities and counties by this Section to impose
15the surcharge so as to impair the terms of or affect the
16security for bonds, notes or other obligations secured in whole
17or in part with the proceeds of the surcharge described in this
18Section. The pledge and agreement set forth in this Section
19survive the termination of the surcharge under subsection (l)
20by virtue of the replacement of the surcharge monies guaranteed
21under Section 20; the State of Illinois pledges and agrees that
22it will not limit or alter the rights vested in municipalities
23and counties to the surcharge replacement funds guaranteed
24under Section 20 so as to impair the terms of or affect the
25security for bonds, notes or other obligations secured in whole
26or in part with the proceeds of the surcharge described in this

 

 

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1Section.
2    (k) Any surcharge collected by or imposed on a
3telecommunications carrier pursuant to this Section shall be
4held to be a special fund in trust for the municipality, county
5or Joint Emergency Telephone Board imposing the surcharge.
6Except for the 3% deduction provided in subsection (g) above,
7the special fund shall not be subject to the claims of
8creditors of the telecommunication carrier.
9        (l) On and after the effective date of this amendatory
10Act of the 99th General Assembly, no county or municipality,
11other than a municipality with a population over 500,000, may
12impose a monthly surcharge under this Section in excess of the
13amount imposed by it on the effective date of this Act. Any
14surcharge imposed pursuant to this Section by a county or
15municipality, other than a municipality with a population in
16excess of 500,000, shall cease to be imposed on January 1,
172016.
18(Source: P.A. 97-463, eff. 8-19-11; 98-634, eff. 6-6-14.)
 
19    (50 ILCS 750/19 new)
20    Sec. 19. Statewide 9-1-1 Advisory Board.
21    (a) Beginning July 1, 2015, there is created the Statewide
229-1-1 Advisory Board within the Department of State Police. The
23Board shall consist of the following 11 voting members:
24        (1) The Director of the State Police, or his or her
25    designee, who shall serve as chairman.

 

 

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1        (2) The Executive Director of the Commission, or his or
2    her designee.
3        (3) Nine members appointed by the Governor as follows:
4            (A) one member representing the Illinois chapter
5        of the National Emergency Number Association, or his or
6        her designee;
7            (B) one member representing the Illinois chapter
8        of the Association of Public-Safety Communications
9        Officials, or his or her designee;
10            (C) one member representing a county 9-1-1 system
11        from a county with a population of less than 50,000;
12            (D) one member representing a county 9-1-1 system
13        from a county with a population between 50,000 and
14        250,000;
15            (E) one member representing a county 9-1-1 system
16        from a county with a population of more than 250,000;
17            (F) one member representing a municipality with a
18        population of less than 500,000 in a county with a
19        population of in excess of 2,000,000;
20            (G) one member representing the Illinois
21        Association of Chiefs of Police;
22            (H) one member representing the Illinois Sheriffs'
23        Association; and
24            (I) one member representing the Illinois Fire
25        Chiefs Association.
26    The Governor shall appoint the following non-voting

 

 

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1members: (i) one member representing an incumbent local
2exchange 9-1-1 system provider; (ii) one member representing a
3non-incumbent local exchange 9-1-1 system provider; (iii) one
4member representing a large wireless carrier; (iv) one member
5representing a small wireless carrier; and (v) one member
6representing the Illinois Telecommunications Association.
7    (b) The Governor shall make initial appointments to the
8Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the
9voting members appointed by the Governor shall serve an initial
10term of 2 years, and the remaining voting members appointed by
11the Governor shall serve an initial term of 3 years.
12Thereafter, each appointment by the Governor shall be for a
13term of 3 years. Non-voting members shall serve for a term of 3
14years. Vacancies shall be filled in the same manner as the
15original appointment. Persons appointed to fill a vacancy shall
16serve for the balance of the unexpired term.
17    Members of the Statewide 9-1-1 Advisory Board shall serve
18without compensation.
19    (c) The 9-1-1 Services Advisory Board, as constituted on
20June 1, 2015 without the legislative members, shall serve in
21the role of the Statewide 9-1-1 Advisory Board until all
22appointments of voting members have been made by the Governor
23under subsection (a) of this Section.
24    (d) The Statewide 9-1-1 Advisory Board shall:
25        (1) advise the Department of State Police and the
26    Statewide 9-1-1 Administrator on the oversight of 9-1-1

 

 

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1    systems and the development and implementation of a uniform
2    statewide 9-1-1 system;
3        (2) make recommendations to the Governor and the
4    General Assembly regarding improvements to 9-1-1 services
5    throughout the State; and
6        (3) exercise all other powers and duties provided in
7    this Act.
8    (e) The Statewide 9-1-1 Advisory Board shall submit to the
9General Assembly a report by March 1 of each year providing an
10update on the transition to a statewide 9-1-1 system and
11recommending any legislative action.
12    (f) The Department of State Police shall provide
13administrative support to the Statewide 9-1-1 Advisory Board.
 
14    (50 ILCS 750/75 new)
15    Sec. 75. Transfer of rights, functions, powers, duties, and
16property to Department of State Police; rules and standards;
17savings provisions.
18    (a) On January 1, 2016, the rights, functions, powers, and
19duties of the Illinois Commerce Commission as set forth in this
20Act and the Wireless Emergency Telephone Safety Act existing
21prior to January 1, 2016, are transferred to and shall be
22exercised by the Department of State Police. On or before
23January 1, 2016, the Commission shall transfer and deliver to
24the Department all books, records, documents, property (real
25and personal), unexpended appropriations, and pending business

 

 

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1pertaining to the rights, powers, duties, and functions
2transferred to the Department under this amendatory Act of the
399th General Assembly.
4    (b) The rules and standards of the Commission that are in
5effect on January 1, 2016 and that pertain to the rights,
6powers, duties, and functions transferred to the Department
7under this amendatory Act of the 99th General Assembly shall
8become the rules and standards of the Department on January 1,
92016, and shall continue in effect until amended or repealed by
10the Department.
11    Any rules pertaining to the rights, powers, duties, and
12functions transferred to the Department under this amendatory
13Act of the 99th General Assembly that have been proposed by the
14Commission but have not taken effect or been finally adopted by
15January 1, 2016, shall become proposed rules of the Department
16on January 1, 2016, and any rulemaking procedures that have
17already been completed by the Commission for those proposed
18rules need not be repealed.
19    As soon as it is practical after January 1, 2016, the
20Department shall revise and clarify the rules transferred to it
21under this amendatory Act of the 99th General Assembly to
22reflect the transfer of rights, powers, duties, and functions
23effected by this amendatory Act of the 99th General Assembly
24using the procedures for recodification of rules available
25under the Illinois Administrative Procedure Act, except that
26existing title, part, and section numbering for the affected

 

 

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1rules may be retained. The Department may propose and adopt
2under the Illinois Administrative Procedure Act any other rules
3necessary to consolidate and clarify those rules.
4    (c) The rights, powers, duties, and functions transferred
5to the Department by this amendatory Act of the 99th General
6Assembly shall be vested in and exercised by the Department
7subject to the provisions of this Act and the Wireless
8Emergency Telephone Safety Act. An act done by the Department
9or an officer, employee, or agent of the Department in the
10exercise of the transferred rights, powers, duties, and
11functions shall have the same legal effect as if done by the
12Commission or an officer, employee, or agent of the Commission.
13    The transfer of rights, powers, duties, and functions to
14the Department under this amendatory Act of the 99th General
15Assembly does not invalidate any previous action taken by or in
16respect to the Commission, its officers, employees, or agents.
17References to the Commission or its officers, employees, or
18agents in any document, contract, agreement, or law shall, in
19appropriate contexts, be deemed to refer to the Department or
20its officers, employees, or agents.
21    The transfer of rights, powers, duties, and functions to
22the Department under this amendatory Act of the 99th General
23Assembly does not affect any person's rights, obligations, or
24duties, including any civil or criminal penalties applicable
25thereto, arising out of those transferred rights, powers,
26duties, and functions.

 

 

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1    This amendatory Act of the 99th General Assembly does not
2affect any act done, ratified, or cancelled, any right
3occurring or established, or any action or proceeding commenced
4in an administrative, civil, or criminal case before January 1,
52016. Any such action or proceeding that pertains to a right,
6power, duty, or function transferred to the Department under
7this amendatory Act of the 99th General Assembly that is
8pending on that date may be prosecuted, defended, or continued
9by the Commission.
10    For the purposes of Section 9b of the State Finance Act,
11the Department is the successor to the Commission with respect
12to the rights, duties, powers, and functions transferred by
13this amendatory Act of the 99th General Assembly.
14    (c) The Department is authorized to enter into an
15intergovernmental agreement with the Commission for the
16purpose of having the Commission assist the Department and the
17Statewide 9-1-1 Administrator in carrying out their duties and
18functions under this Act. The agreement may provide for funding
19for the Commission for its assistance to the Department and the
20Statewide 9-1-1 Administrator.
 
21    (50 ILCS 750/99 new)
22    Sec. 99. Repealer. This Act is repealed on July 1, 2017.
 
23    Section 1-25. The Wireless Emergency Telephone Safety Act
24is amended by changing Sections 27, 45, and 70 as follows:
 

 

 

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1    (50 ILCS 751/27)
2    (Section scheduled to be repealed on July 1, 2015)
3    Sec. 27. Financial reports.
4    (a) The Illinois Commerce Commission shall create uniform
5accounting procedures, with such modification as may be
6required to give effect to statutory provisions applicable only
7to municipalities with a population in excess of 500,000, that
8any emergency telephone system board, qualified governmental
9entity, or unit of local government described in Section 15 of
10this Act and Section 15.4 of the Emergency Telephone System Act
11or any entity imposing a wireless surcharge pursuant to Section
1245 of this Act must follow.
13    (b) By October 1, 2014, each emergency telephone system
14board, qualified governmental entity, or unit of local
15government described in Section 15 of this Act and Section 15.4
16of the Emergency Telephone System Act or any entity imposing a
17wireless surcharge pursuant to Section 45 of this Act shall
18report to the Illinois Commerce Commission audited financial
19statements showing total revenue and expenditures for each of
20the last two of its fiscal years in a form and manner as
21prescribed by the Illinois Commerce Commission's Manager of
22Accounting. Such financial information shall include:
23        (1) a detailed summary of revenue from all sources
24    including, but not limited to, local, State, federal, and
25    private revenues, and any other funds received;

 

 

09900SB0096ham003- 23 -LRB099 04130 SXM 36223 a

1        (2) operating expenses, capital expenditures, and cash
2    balances; and
3        (3) such other financial information that is relevant
4    to the provision of 9-1-1 services as determined by the
5    Illinois Commerce Commission's Manager of Accounting.
6    The emergency telephone system board, qualified
7governmental entity, or unit of local government is responsible
8for any costs associated with auditing such financial
9statements. The Illinois Commerce Commission shall post the
10audited financial statements on the Commission's website.
11    (c) By October 1, 2015 January 31, 2016 and each year
12thereafter, each emergency telephone system board, qualified
13governmental entity, or unit of local government described in
14Section 15 of this Act and Section 15.4 of the Emergency
15Telephone System Act or any entity imposing a wireless
16surcharge pursuant to Section 45 of this Act shall report to
17the Illinois Commerce Commission audited annual financial
18statements showing total revenue and expenditures in a form and
19manner as prescribed by the Illinois Commerce Commission's
20Manager of Accounting.
21    The emergency telephone system board, qualified
22governmental entity, or unit of local government is responsible
23for any costs associated with auditing such financial
24statements.
25    The Illinois Commerce Commission shall post each entity's
26individual audited annual financial statements on the

 

 

09900SB0096ham003- 24 -LRB099 04130 SXM 36223 a

1Commission's website.
2    (d) If an emergency telephone system board or qualified
3governmental entity that receives funds from the Wireless
4Service Emergency Fund fails to file the 9-1-1 system financial
5reports as required under this Section, the Illinois Commerce
6Commission shall suspend and withhold monthly grants otherwise
7due to the emergency telephone system board or qualified
8governmental entity under Section 25 of this Act until the
9report is filed.
10    Any monthly grants that have been withheld for 12 months or
11more shall be forfeited by the emergency telephone system board
12or qualified governmental entity and shall be distributed
13proportionally by the Illinois Commerce Commission to
14compliant emergency telephone system boards and qualified
15governmental entities that receive funds from the Wireless
16Service Emergency Fund.
17    (e) The Illinois Commerce Commission may adopt emergency
18rules necessary to carry out the provisions of this Section.
19(Source: P.A. 98-634, eff. 6-6-14.)
 
20    (50 ILCS 751/45)
21    (Section scheduled to be repealed on July 1, 2015)
22    Sec. 45. Continuation of current practices.
23    (a) Notwithstanding any other provision of this Act, a unit
24of local government or emergency telephone system board
25providing wireless 9-1-1 service and imposing and collecting a

 

 

09900SB0096ham003- 25 -LRB099 04130 SXM 36223 a

1wireless carrier surcharge prior to July 1, 1998 may continue
2its practices of imposing and collecting its wireless carrier
3surcharge, but, except as provided in subsection (b) of this
4Section, in no event shall that monthly surcharge exceed $2.50
5per commercial mobile radio service (CMRS) connection or
6in-service telephone number billed on a monthly basis. For
7mobile telecommunications services provided on and after
8August 1, 2002, any surcharge imposed shall be imposed based
9upon the municipality or county that encompasses the customer's
10place of primary use as defined in the Mobile
11Telecommunications Sourcing Conformity Act.
12    (b) On or after the effective date of this amendatory Act
13of the 98th General Assembly and until July 1, 2017 2015, the
14corporate authorities of a municipality with a population in
15excess of 500,000 on the effective date of this amendatory Act
16may by ordinance impose and collect a monthly surcharge per
17commercial mobile radio service (CMRS) connection or
18in-service telephone number billed on a monthly basis that does
19not exceed the highest monthly surcharge imposed as of January
201, 2014 by any county or municipality under subsection (c) of
21Section 15.3 of the Emergency Telephone System Act. On or after
22July 1, 2017 2015, the municipality may continue imposing and
23collecting its wireless carrier surcharge as provided in and
24subject to the limitations of subsection (a) of this Section.
25    (c) In addition to any other lawful purpose, a municipality
26with a population over 500,000 may use the moneys collected

 

 

09900SB0096ham003- 26 -LRB099 04130 SXM 36223 a

1under this Section for any anti-terrorism or emergency
2preparedness measures, including, but not limited to,
3preparedness planning, providing local matching funds for
4federal or State grants, personnel training, and specialized
5equipment, including surveillance cameras as needed to deal
6with natural and terrorist-inspired emergency situations or
7events.
8(Source: P.A. 98-634, eff. 6-6-14.)
 
9    (50 ILCS 751/70)
10    (Section scheduled to be repealed on July 1, 2015)
11    Sec. 70. Repealer. This Act is repealed on December 31 July
121, 2015.
13(Source: P.A. 97-1163, eff. 2-4-13; 98-45, eff. 6-28-13;
1498-634, eff. 6-6-14.)
 
15    Section 1-30. The Prepaid Wireless 9-1-1 Surcharge Act is
16amended by changing Section 15 as follows:
 
17    (50 ILCS 753/15)
18    Sec. 15. Prepaid wireless 9-1-1 surcharge.
19    (a) Until September 30, 2015, there There is hereby imposed
20on consumers a prepaid wireless 9-1-1 surcharge of 1.5% per
21retail transaction. Beginning October 1, 2015, the prepaid
22wireless 9-1-1 surcharge shall be 3% per retail transaction.
23The surcharge authorized by this subsection (a) does not apply

 

 

09900SB0096ham003- 27 -LRB099 04130 SXM 36223 a

1in a home rule municipality having a population in excess of
2500,000. The amount of the surcharge may be reduced or
3increased pursuant to subsection (e).
4    (a-5) On or after the effective date of this amendatory Act
5of the 98th General Assembly and until July 1, 2017 2015, a
6home rule municipality having a population in excess of 500,000
7on the effective date of this amendatory Act may impose a
8prepaid wireless 9-1-1 surcharge not to exceed 9% per retail
9transaction sourced to that jurisdiction and collected and
10remitted in accordance with the provisions of subsection (b-5)
11of this Section. On or after July 1, 2017 2015, a home rule
12municipality having a population in excess of 500,000 on the
13effective date of this Act may only impose a prepaid wireless
149-1-1 surcharge not to exceed 7% per retail transaction sourced
15to that jurisdiction and collected and remitted in accordance
16with the provisions of subsection (b-5).
17    (b) The prepaid wireless 9-1-1 surcharge shall be collected
18by the seller from the consumer with respect to each retail
19transaction occurring in this State and shall be remitted to
20the Department by the seller as provided in this Act. The
21amount of the prepaid wireless 9-1-1 surcharge shall be
22separately stated as a distinct item apart from the charge for
23the prepaid wireless telecommunications service on an invoice,
24receipt, or other similar document that is provided to the
25consumer by the seller or shall be otherwise disclosed to the
26consumer. If the seller does not separately state the surcharge

 

 

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1as a distinct item to the consumer as provided in this Section,
2then the seller shall maintain books and records as required by
3this Act which clearly identify the amount of the 9-1-1
4surcharge for retail transactions.
5    For purposes of this subsection (b), a retail transaction
6occurs in this State if (i) the retail transaction is made in
7person by a consumer at the seller's business location and the
8business is located within the State; (ii) the seller is a
9provider and sells prepaid wireless telecommunications service
10to a consumer located in Illinois; (iii) the retail transaction
11is treated as occurring in this State for purposes of the
12Retailers' Occupation Tax Act; or (iv) a seller that is
13included within the definition of a "retailer maintaining a
14place of business in this State" under Section 2 of the Use Tax
15Act makes a sale of prepaid wireless telecommunications service
16to a consumer located in Illinois. In the case of a retail
17transaction which does not occur in person at a seller's
18business location, if a consumer uses a credit card to purchase
19prepaid wireless telecommunications service on-line or over
20the telephone, and no product is shipped to the consumer, the
21transaction occurs in this State if the billing address for the
22consumer's credit card is in this State.
23    (b-5) The prepaid wireless 9-1-1 surcharge imposed under
24subsection (a-5) of this Section shall be collected by the
25seller from the consumer with respect to each retail
26transaction occurring in the municipality imposing the

 

 

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1surcharge. The amount of the prepaid wireless 9-1-1 surcharge
2shall be separately stated on an invoice, receipt, or other
3similar document that is provided to the consumer by the seller
4or shall be otherwise disclosed to the consumer. If the seller
5does not separately state the surcharge as a distinct item to
6the consumer as provided in this Section, then the seller shall
7maintain books and records as required by this Act which
8clearly identify the amount of the 9-1-1 surcharge for retail
9transactions.
10    For purposes of this subsection (b-5), a retail transaction
11occurs in the municipality if (i) the retail transaction is
12made in person by a consumer at the seller's business location
13and the business is located within the municipality; (ii) the
14seller is a provider and sells prepaid wireless
15telecommunications service to a consumer located in the
16municipality; (iii) the retail transaction is treated as
17occurring in the municipality for purposes of the Retailers'
18Occupation Tax Act; or (iv) a seller that is included within
19the definition of a "retailer maintaining a place of business
20in this State" under Section 2 of the Use Tax Act makes a sale
21of prepaid wireless telecommunications service to a consumer
22located in the municipality. In the case of a retail
23transaction which does not occur in person at a seller's
24business location, if a consumer uses a credit card to purchase
25prepaid wireless telecommunications service on-line or over
26the telephone, and no product is shipped to the consumer, the

 

 

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1transaction occurs in the municipality if the billing address
2for the consumer's credit card is in the municipality.
3    (c) The prepaid wireless 9-1-1 surcharge is imposed on the
4consumer and not on any provider. The seller shall be liable to
5remit all prepaid wireless 9-1-1 surcharges that the seller
6collects from consumers as provided in Section 20, including
7all such surcharges that the seller is deemed to collect where
8the amount of the surcharge has not been separately stated on
9an invoice, receipt, or other similar document provided to the
10consumer by the seller. The surcharge collected or deemed
11collected by a seller shall constitute a debt owed by the
12seller to this State, and any such surcharge actually collected
13shall be held in trust for the benefit of the Department.
14    For purposes of this subsection (c), the surcharge shall
15not be imposed or collected from entities that have an active
16tax exemption identification number issued by the Department
17under Section 1g of the Retailers' Occupation Tax Act.
18    (d) The amount of the prepaid wireless 9-1-1 surcharge that
19is collected by a seller from a consumer, if such amount is
20separately stated on an invoice, receipt, or other similar
21document provided to the consumer by the seller, shall not be
22included in the base for measuring any tax, fee, surcharge, or
23other charge that is imposed by this State, any political
24subdivision of this State, or any intergovernmental agency.
25    (e) (Blank.) The prepaid wireless 9-1-1 charge imposed
26under subsection (a) of this Section shall be proportionately

 

 

09900SB0096ham003- 31 -LRB099 04130 SXM 36223 a

1increased or reduced, as applicable, upon any change to the
2surcharge imposed under Section 17 of the Wireless Emergency
3Telephone Safety Act. The adjusted rate shall be determined by
4dividing the amount of the surcharge imposed under Section 17
5of the Wireless Emergency Telephone Safety Act by $50. Such
6increase or reduction shall be effective on the first day of
7the first calendar month to occur at least 60 days after the
8enactment of the change to the surcharge imposed under Section
917 of the Wireless Emergency Telephone Safety Act. The
10Department shall provide not less than 30 days' notice of an
11increase or reduction in the amount of the surcharge on the
12Department's website.
13    (e-5) Any changes in the rate of the surcharge imposed by a
14municipality under the authority granted in subsection (a-5) of
15this Section shall be effective on the first day of the first
16calendar month to occur at least 60 days after the enactment of
17the change. The Department shall provide not less than 30 days'
18notice of the increase or reduction in the rate of such
19surcharge on the Department's website.
20    (f) When prepaid wireless telecommunications service is
21sold with one or more other products or services for a single,
22non-itemized price, then the percentage specified in
23subsection (a) or (a-5) of this Section 15 shall be applied to
24the entire non-itemized price unless the seller elects to apply
25the percentage to (i) the dollar amount of the prepaid wireless
26telecommunications service if that dollar amount is disclosed

 

 

09900SB0096ham003- 32 -LRB099 04130 SXM 36223 a

1to the consumer or (ii) the portion of the price that is
2attributable to the prepaid wireless telecommunications
3service if the retailer can identify that portion by reasonable
4and verifiable standards from its books and records that are
5kept in the regular course of business for other purposes,
6including, but not limited to, books and records that are kept
7for non-tax purposes. However, if a minimal amount of prepaid
8wireless telecommunications service is sold with a prepaid
9wireless device for a single, non-itemized price, then the
10seller may elect not to apply the percentage specified in
11subsection (a) or (a-5) of this Section 15 to such transaction.
12For purposes of this subsection, an amount of service
13denominated as 10 minutes or less or $5 or less is considered
14minimal.
15    (g) The prepaid wireless 9-1-1 surcharge imposed under
16subsections (a) and (a-5) of this Section is not imposed on the
17provider or the consumer for wireless Lifeline service where
18the consumer does not pay the provider for the service. Where
19the consumer purchases from the provider optional minutes,
20texts, or other services in addition to the federally-funded
21Lifeline benefit, a consumer must pay the prepaid wireless
229-1-1 surcharge, and it must be collected by the seller
23according to subsection (b-5).
24(Source: P.A. 97-463, eff. 1-1-12; 97-748, eff. 7-6-12; 98-634,
25eff. 6-6-14.)
 

 

 

09900SB0096ham003- 33 -LRB099 04130 SXM 36223 a

1    Section 1-31. The Counties Code is amended by changing
2Section 5-1095.1 as follows:
 
3    (55 ILCS 5/5-1095.1)
4    Sec. 5-1095.1. County franchise fee or service provider fee
5review; requests for information.
6    (a) If pursuant to its franchise agreement with a community
7antenna television system (CATV) operator, a county imposes a
8franchise fee authorized by 47 U.S.C. 542 or if a community
9antenna television system (CATV) operator providing cable or
10video service in that county is required to pay the service
11provider fees imposed by the Cable and Video Competition Law of
122007, then the county may conduct an audit of that CATV
13operator's franchise fees or service provider fees derived from
14the provision of cable and video services to subscribers within
15the franchise area to determine whether the amount of franchise
16fees or service provider fees paid by that CATV operator to the
17county was accurate. Any audit conducted under this subsection
18(a) shall determine, for a period of not more than 4 years
19after the date the franchise fees or service provider fees were
20due, any overpayment or underpayment to the county by the CATV
21operator, and the amount due to the county or CATV operator is
22limited to the net difference.
23    (b) Not more than once every 2 years, a county or its agent
24that is authorized to perform an audit as set forth in
25subsection (a) that has imposed a franchise fee authorized by

 

 

09900SB0096ham003- 34 -LRB099 04130 SXM 36223 a

147 U.S.C. 542 may, subject to the limitations and protections
2stated in the Local Government Taxpayers' Bill of Rights Act,
3request information from the CATV operator in the format
4maintained by the CATV operator in the ordinary course of its
5business that the county reasonably requires in order to
6perform an audit under subsection (a). The information that may
7be requested by the county includes without limitation the
8following:
9        (1) in an electronic format used by the CATV operator
10    in the ordinary course of its business, the database used
11    by the CATV operator to determine the amount of the
12    franchise fee or service provider fee due to the county;
13    and
14        (2) in a format used by the CATV operator in the
15    ordinary course of its business, summary data, as needed by
16    the county, to determine the CATV operator's franchise fees
17    or service provider fees derived from the provision of
18    cable and video services to subscribers within the CATV
19    operator's franchise area.
20    (c) The CATV operator must provide the information
21requested under subsection (b) within:
22        (1) 60 days after the receipt of the request if the
23    population of the requesting county is 500,000 or less; or
24        (2) 90 days after the receipt of the request if the
25    population of the requesting county exceeds 500,000.
26    The time in which a CATV operator must provide the

 

 

09900SB0096ham003- 35 -LRB099 04130 SXM 36223 a

1information requested under subsection (b) may be extended by
2written an agreement between the county or its agent and the
3CATV operator.
4    (c-5) The county or its agent must provide an initial
5report of its audit findings to the CATV operator no later than
690 days after the information set forth in subsection (b) of
7this Section has been provided by the CATV operator. This
890-day timeline may be extended one time by written agreement
9between the county or its agent and the CATV operator. However,
10in no event shall an extension of time exceed 90 days. This
11initial report of audit findings shall detail the basis of its
12findings and provide, but not be limited to, the following
13information: (i) any overpayments of franchise fees or service
14provider fees, (ii) any underpayments of franchise fees or
15service provider fees, (iii) all county addresses that should
16be included in the CATV operator's database and attributable to
17that county for determination of franchise fees or service
18provider fees, and (iv) addresses that should not be included
19in the CATV operator's database and addresses that are not
20attributable to that county for determination of franchise fees
21or service provider fees. Generally accepted auditing
22standards shall be utilized by the county and its agents in its
23review of information provided by the CATV operator.
24    (c-10) In the event that the county or its agent does not
25provide the initial report of the audit findings to the CATV
26operator with the timeframes set forth in subsection (c-5) of

 

 

09900SB0096ham003- 36 -LRB099 04130 SXM 36223 a

1this Section, then the audit shall be deemed completed and to
2have conclusively found that there was no overpayment or
3underpayment by the CATV operator during the 24 months prior to
4the county or its agents requesting the information set forth
5in subsection (b) of this Section.
6    (d) If an audit by the county or its agents finds an error
7by the CATV operator in the amount of the franchise fees or
8service provider fees paid by the CATV operator to the county,
9then the county shall may notify the CATV operator of the
10error. Any such notice must be given to the CATV operator by
11the county or its agent within 90 days after the county or its
12agent discovers the error, and no later than 4 years after the
13date the franchise fee or service provider fee was due. Upon
14such a notice, the CATV operator must submit a written response
15within 60 days after receipt of the notice stating that the
16CATV operator has corrected the error on a prospective basis or
17stating the reason that the error is inapplicable or
18inaccurate. The county or its agent then has 60 days after the
19receipt of the CATV operator's response to review and contest
20the conclusion of the CATV operator. No legal proceeding to
21collect a deficiency or overpayment based upon an alleged error
22shall be commenced unless within 180 days after the county's
23notification of the error to the CATV operator the parties are
24unable to agree on the disposition of the audit findings.
25    Any legal proceeding to collect a deficiency as set forth
26in this subsection (d) shall be filed in the appropriate

 

 

09900SB0096ham003- 37 -LRB099 04130 SXM 36223 a

1circuit court.
2    (e) No CATV operator is liable for any error in past
3franchise fee or service provider fee payments that was unknown
4by the CATV operator prior to the audit process unless (i) the
5error was due to negligence on the part of the CATV operator in
6the collection or processing of required data and (ii) the
7county had not failed to respond in writing in a timely manner
8to any written request of the CATV operator to review and
9correct information used by the CATV operator to calculate the
10appropriate franchise fees or service provider fees if a
11diligent review of such information by the county reasonably
12could have been expected to discover such error.
13    (f) All account specific information provided by a CATV
14operator under this Section may be used only for the purpose of
15an audit conducted under this Section and the enforcement of
16any franchise fee or service provider fee delinquent claim. All
17such information must be held in strict confidence by the
18county and its agents and may not be disclosed to the public
19under the Freedom of Information Act or under any other similar
20statutes allowing for or requiring public disclosure.
21    (f-5) All contracts by and between a county and a third
22party for the purposes of conducting an audit as contemplated
23in this Code shall be disclosed to the public under the Freedom
24of Information Act or under similar statutes allowing for or
25requiring public disclosure.
26    (g) For the purposes of this Section, "CATV operator" means

 

 

09900SB0096ham003- 38 -LRB099 04130 SXM 36223 a

1a person or entity that provides cable and video services under
2a franchise agreement with a county pursuant to Section 5-1095
3of the Counties Code and a holder authorized under Section
421-401 of the Cable and Video Competition Law of 2007 as
5consistent with Section 21-901 of that Law.
6    (h) This Section does not apply to any action that was
7commenced, to any complaint that was filed, or to any audit
8that was commenced before the effective date of this amendatory
9Act of the 96th General Assembly. This Section also does not
10apply to any franchise agreement that was entered into before
11the effective date of this amendatory Act of the 96th General
12Assembly unless the franchise agreement contains audit
13provisions but no specifics regarding audit procedures.
14    (i) The provisions of this Section shall not be construed
15as diminishing or replacing any civil remedy available to a
16county, taxpayer, or tax collector.
17    (j) If a contingent fee is paid to an auditor, then the
18payment must be based upon the net difference of the complete
19audit.
20    (k) Within 90 days after the effective date of this
21amendatory Act of the 96th General Assembly, a county shall
22provide to any CATV operator a complete list of addresses
23within the corporate limits of the county and shall annually
24update the list.
25    (l) This Section is a denial and limitation of home rule
26powers and functions under subsection (h) of Section 6 of

 

 

09900SB0096ham003- 39 -LRB099 04130 SXM 36223 a

1Article VII of the Illinois Constitution.
2(Source: P.A. 96-1422, eff. 8-3-10.)
 
3    Section 1-33. The Illinois Municipal Code is amended by
4changing Section 11-42-11.05 as follows:
 
5    (65 ILCS 5/11-42-11.05)
6    Sec. 11-42-11.05. Municipal franchise fee or service
7provider fee review; requests for information.
8    (a) If pursuant to its franchise agreement with a community
9antenna television system (CATV) operator, a municipality
10imposes a franchise fee authorized by 47 U.S.C. 542 or if a
11community antenna television system (CATV) operator providing
12cable or video service in that municipality is required to pay
13the service provider fees imposed by the Cable and Video
14Competition Law of 2007, then the municipality may conduct an
15audit of that CATV operator's franchise fees or service
16provider fees derived from the provision of cable and video
17services to subscribers within the franchise area to determine
18whether the amount of franchise fees or service provider fees
19paid by that CATV operator to the municipality was accurate.
20Any audit conducted under this subsection (a) shall determine,
21for a period of not more than 4 years after the date the
22franchise fees or service provider fees were due, any
23overpayment or underpayment to the municipality by the CATV
24operator, and the amount due to the municipality or CATV

 

 

09900SB0096ham003- 40 -LRB099 04130 SXM 36223 a

1operator is limited to the net difference.
2    (b) Not more than once every 2 years, a municipality or its
3agent that is authorized to perform an audit as set forth in
4subsection (a) of this Section that has imposed a franchise fee
5authorized by 47 U.S.C. 542 may, subject to the limitations and
6protections stated in the Local Government Taxpayers' Bill of
7Rights Act, request information from the CATV operator in the
8format maintained by the CATV operator in the ordinary course
9of its business that the municipality reasonably requires in
10order to perform an audit under subsection (a). The information
11that may be requested by the municipality includes without
12limitation the 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
17    municipality; 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 municipality, to determine the CATV operator's
21    franchise fees or service provider fees derived from the
22    provision of cable and video services to subscribers within
23    the CATV operator's franchise area.
24    (c) The CATV operator must provide the information
25requested under subsection (b) within:
26        (1) 60 days after the receipt of the request if the

 

 

09900SB0096ham003- 41 -LRB099 04130 SXM 36223 a

1    population of the requesting municipality is 500,000 or
2    less; or
3        (2) 90 days after the receipt of the request if the
4    population of the requesting municipality exceeds 500,000.
5    The time in which a CATV operator must provide the
6information requested under subsection (b) may be extended by
7written an agreement between the municipality or its agent and
8the CATV operator.
9    (c-5) The municipality or its agent must provide an initial
10report of its audit findings to the CATV operator no later than
1190 days after the information set forth in subsection (b) of
12this Section has been provided by the CATV operator. This
1390-day timeline may be extended one time by written agreement
14between the municipality or its agents and the CATV operator.
15However, in no event shall an extension of time exceed 90 days.
16This initial report of audit findings shall detail the basis of
17its findings and provide, but not be limited to, the following
18information: (i) any overpayments of franchise fees or service
19provider fees, (ii) any underpayments of franchise fees or
20service provider fees, (iii) all municipal addresses that
21should be included in the CATV operator's database and
22attributable to that municipality for determination of
23franchise fees or service provider fees, and (iv) addresses
24that should not be included in the CATV operator's database and
25addresses that are not attributable to that municipality for
26determination of franchise fees or service provider fees.

 

 

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1Generally accepted auditing standards shall be utilized by the
2municipality and its agents in its review of information
3provided by the CATV operator.
4    (c-10) In the event that the municipality or its agent does
5not provide the initial report of the audit findings to the
6CATV operator with the timeframes set forth in subsection (c-5)
7of this Section, then the audit shall be deemed completed and
8to have conclusively found that there was no overpayment or
9underpayment by the CATV operator during the 24 months prior to
10the municipality or its agents requesting the information set
11forth in subsection (b) of this Section.
12    (d) If an audit by the municipality or its agents finds an
13error by the CATV operator in the amount of the franchise fees
14or service provider fees paid by the CATV operator to the
15municipality, then the municipality shall may notify the CATV
16operator of the error. Any such notice must be given to the
17CATV operator by the municipality or its agent within 90 days
18after the municipality or its agent discovers the error, and no
19later than 4 years after the date the franchise fee or service
20provider fee was due. Upon such a notice, the CATV operator
21must submit a written response within 60 days after receipt of
22the notice stating that the CATV operator has corrected the
23error on a prospective basis or stating the reason that the
24error is inapplicable or inaccurate. The municipality or its
25agent then has 60 days after the receipt of the CATV operator's
26response to review and contest the conclusion of the CATV

 

 

09900SB0096ham003- 43 -LRB099 04130 SXM 36223 a

1operator. No legal proceeding to collect a deficiency or
2overpayment based upon an alleged error shall be commenced
3unless within 180 days after the municipality's notification of
4the error to the CATV operator the parties are unable to agree
5on the disposition of the audit findings.
6    Any legal proceeding to collect a deficiency as set forth
7in this subsection (d) shall be filed in the appropriate
8circuit court.
9    (e) No CATV operator is liable for any error in past
10franchise fee or service provider fee payments that was unknown
11by the CATV operator prior to the audit process unless (i) the
12error was due to negligence on the part of the CATV operator in
13the collection or processing of required data and (ii) the
14municipality had not failed to respond in writing in a timely
15manner to any written request of the CATV operator to review
16and correct information used by the CATV operator to calculate
17the appropriate franchise fees or service provider fees if a
18diligent review of such information by the municipality
19reasonably could have been expected to discover such error.
20    (f) All account specific information provided by a CATV
21operator under this Section may be used only for the purpose of
22an audit conducted under this Section and the enforcement of
23any franchise fee or service provider fee delinquent claim. All
24such information must be held in strict confidence by the
25municipality and its agents and may not be disclosed to the
26public under the Freedom of Information Act or under any other

 

 

09900SB0096ham003- 44 -LRB099 04130 SXM 36223 a

1similar statutes allowing for or requiring public disclosure.
2    (f-5) All contracts by and between a municipality and a
3third party for the purposes of conducting an audit as
4contemplated in this Article shall be disclosed to the public
5under the Freedom of Information Act or under similar statutes
6allowing for or requiring public disclosure.
7    (g) For the purposes of this Section, "CATV operator" means
8a person or entity that provides cable and video services under
9a franchise agreement with a municipality pursuant to Section
1011-42-11 of the Municipal Code and a holder authorized under
11Section 21-401 of the Cable and Video Competition Law of 2007
12as consistent with Section 21-901 of that Law.
13    (h) This Section does not apply to any action that was
14commenced, to any complaint that was filed, or to any audit
15that was commenced before the effective date of this amendatory
16Act of the 96th General Assembly. This Section also does not
17apply to any franchise agreement that was entered into before
18the effective date of this amendatory Act of the 96th General
19Assembly unless the franchise agreement contains audit
20provisions but no specifics regarding audit procedures.
21    (i) The provisions of this Section shall not be construed
22as diminishing or replacing any civil remedy available to a
23municipality, taxpayer, or tax collector.
24    (j) If a contingent fee is paid to an auditor, then the
25payment must be based upon the net difference of the complete
26audit.

 

 

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1    (k) Within 90 days after the effective date of this
2amendatory Act of the 96th General Assembly, a municipality
3shall provide to any CATV operator a complete list of addresses
4within the corporate limits of the municipality and shall
5annually update the list.
6    (l) This Section is a denial and limitation of home rule
7powers and functions under subsection (h) of Section 6 of
8Article VII of the Illinois Constitution.
9    (m) This Section does not apply to any municipality having
10a population of more than 1,000,000.
11(Source: P.A. 96-1422, eff. 8-3-10.)
 
12    Section 1-35. The Public Utilities Act is amended by
13changing Sections 13-506.2, 13-703, 13-1200, 21-401, 21-801,
1421-901, 21-1001, and 21-1601 as follows:
 
15    (220 ILCS 5/13-506.2)
16    (Section scheduled to be repealed on July 1, 2015)
17    Sec. 13-506.2. Market regulation for competitive retail
18services.
19    (a) Definitions. As used in this Section:
20        (1) "Electing Provider" means a telecommunications
21    carrier that is subject to either rate regulation pursuant
22    to Section 13-504 or Section 13-505 or alternative
23    regulation pursuant to Section 13-506.1 and that elects to
24    have the rates, terms, and conditions of its competitive

 

 

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1    retail telecommunications services solely determined and
2    regulated pursuant to the terms of this Article.
3        (2) "Basic local exchange service" means either a
4    stand-alone residence network access line and per-call
5    usage or, for any geographic area in which such stand-alone
6    service is not offered, a stand-alone flat rate residence
7    network access line for which local calls are not charged
8    for frequency or duration. Extended Area Service shall be
9    included in basic local exchange service.
10        (3) "Existing customer" means a residential customer
11    who was subscribing to one of the optional packages
12    described in subsection (d) of this Section as of the
13    effective date of this amendatory Act of the 99th General
14    Assembly. A customer who was subscribing to one of the
15    optional packages on that date but stops subscribing
16    thereafter shall not be considered an "existing customer"
17    as of the date the customer stopped subscribing to the
18    optional package, unless the stoppage is temporary and
19    caused by the customer changing service address locations,
20    or unless the customer resumes subscribing and is eligible
21    to receive discounts on monthly telephone service under the
22    federal Lifeline program, 47 C.F.R. Part 54, Subpart E.
23        (4) "New customer" means a residential customer who was
24    not subscribing to one of the optional packages described
25    in subsection (d) of this Section as of the effective date
26    of this amendatory Act of the 99th General Assembly and who

 

 

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1    is eligible to receive discounts on monthly telephone
2    service under the federal Lifeline program, 47 C.F.R. Part
3    54, Subpart E.
4    (b) Election for market regulation. Notwithstanding any
5other provision of this Act, an Electing Provider may elect to
6have the rates, terms, and conditions of its competitive retail
7telecommunications services solely determined and regulated
8pursuant to the terms of this Section by filing written notice
9of its election for market regulation with the Commission. The
10notice of election shall designate the geographic area of the
11Electing Provider's service territory where the market
12regulation shall apply, either on a state-wide basis or in one
13or more specified Market Service Areas ("MSA") or Exchange
14areas. An Electing Provider shall not make an election for
15market regulation under this Section unless it commits in its
16written notice of election for market regulation to fulfill the
17conditions and requirements in this Section in each geographic
18area in which market regulation is elected. Immediately upon
19filing the notice of election for market regulation, the
20Electing Provider shall be subject to the jurisdiction of the
21Commission to the extent expressly provided in this Section.
22    (c) Competitive classification. Market regulation shall be
23available for competitive retail telecommunications services
24as provided in this subsection.
25        (1) For geographic areas in which telecommunications
26    services provided by the Electing Provider were classified

 

 

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1    as competitive either through legislative action or a
2    tariff filing pursuant to Section 13-502 prior to January
3    1, 2010, and that are included in the Electing Provider's
4    notice of election pursuant to subsection (b) of this
5    Section, such services, and all recurring and nonrecurring
6    charges associated with, related to or used in connection
7    with such services, shall be classified as competitive
8    without further Commission review. For services classified
9    as competitive pursuant to this subsection, the
10    requirements or conditions in any order or decision
11    rendered by the Commission pursuant to Section 13-502 prior
12    to the effective date of this amendatory Act of the 96th
13    General Assembly, except for the commitments made by the
14    Electing Provider in such order or decision concerning the
15    optional packages required in subsection (d) of this
16    Section and basic local exchange service as defined in this
17    Section, shall no longer be in effect and no Commission
18    investigation, review, or proceeding under Section 13-502
19    shall be continued, conducted, or maintained with respect
20    to such services, charges, requirements, or conditions. If
21    an Electing Provider has ceased providing optional
22    packages to customers pursuant to subdivision (d)(8) of
23    this Section, the commitments made by the Electing Provider
24    in such order or decision concerning the optional packages
25    under subsection (d) of this Section shall no longer be in
26    effect and no Commission investigation, review, or

 

 

09900SB0096ham003- 49 -LRB099 04130 SXM 36223 a

1    proceeding under Section 13-502 shall be continued,
2    conducted, or maintained with respect to such packages.
3        (2) For those geographic areas in which residential
4    local exchange telecommunications services have not been
5    classified as competitive as of the effective date of this
6    amendatory Act of the 96th General Assembly, all
7    telecommunications services provided to residential and
8    business end users by an Electing Provider in the
9    geographic area that is included in its notice of election
10    pursuant to subsection (b) shall be classified as
11    competitive for purposes of this Article without further
12    Commission review.
13        (3) If an Electing Provider was previously subject to
14    alternative regulation pursuant to Section 13-506.1 of
15    this Article, the alternative regulation plan shall
16    terminate in whole for all services subject to that plan
17    and be of no force or effect, without further Commission
18    review or action, when the Electing Provider's residential
19    local exchange telecommunications service in each MSA in
20    its telecommunications service area in the State has been
21    classified as competitive pursuant to either subdivision
22    (c)(1) or (c)(2) of this Section.
23        (4) The service packages described in Section 13-518
24    shall be classified as competitive for purposes of this
25    Section if offered by an Electing Provider in a geographic
26    area in which local exchange telecommunications service

 

 

09900SB0096ham003- 50 -LRB099 04130 SXM 36223 a

1    has been classified as competitive pursuant to either
2    subdivision (c)(1) or (c)(2) of this Section.
3        (5) Where a service, or its functional equivalent, or a
4    substitute service offered by a carrier that is not an
5    Electing Provider or the incumbent local exchange carrier
6    for that area is also being offered by an Electing Provider
7    for some identifiable class or group of customers in an
8    exchange, group of exchanges, or some other clearly defined
9    geographical area, the service offered by a carrier that is
10    not an Electing Provider or the incumbent local exchange
11    carrier for that area shall be classified as competitive
12    without further Commission review.
13        (6) Notwithstanding any other provision of this Act,
14    retail telecommunications services classified as
15    competitive pursuant to Section 13-502 or subdivision
16    (c)(5) of this Section shall have their rates, terms, and
17    conditions solely determined and regulated pursuant to the
18    terms of this Section in the same manner and to the same
19    extent as the competitive retail telecommunications
20    services of an Electing Provider, except that subsections
21    (d), (g), and (j) of this Section shall not apply to a
22    carrier that is not an Electing Provider or to the
23    competitive telecommunications services of a carrier that
24    is not an Electing Provider. The access services of a
25    carrier that is not an Electing Provider shall remain
26    subject to Section 13-900.2. The requirements in

 

 

09900SB0096ham003- 51 -LRB099 04130 SXM 36223 a

1    subdivision (e)(3) of this Section shall not apply to
2    retail telecommunications services classified as
3    competitive pursuant to Section 13-502 or subdivision
4    (c)(5) of this Section, except that, upon request from the
5    Commission, the telecommunications carrier providing
6    competitive retail telecommunications services shall
7    provide a report showing the number of credits and
8    exemptions for the requested time period.
9    (d) Consumer choice safe harbor options.
10        (1) Subject to subdivision (d)(8) of this Section, an
11    An Electing Provider in each of the MSA or Exchange areas
12    classified as competitive pursuant to subdivision (c)(1)
13    or (c)(2) of this Section shall offer to all residential
14    customers who choose to subscribe the following optional
15    packages of services priced at the same rate levels in
16    effect on January 1, 2010:
17            (A) A basic package, which shall consist of a
18        stand-alone residential network access line and 30
19        local calls. If the Electing Provider offers a
20        stand-alone residential access line and local usage on
21        a per call basis, the price for the basic package shall
22        be the Electing Provider's applicable price in effect
23        on January 1, 2010 for the sum of a residential access
24        line and 30 local calls, additional calls over 30 calls
25        shall be provided at the current per call rate.
26        However, this basic package is not required if

 

 

09900SB0096ham003- 52 -LRB099 04130 SXM 36223 a

1        stand-alone residential network access lines or
2        per-call local usage are not offered by the Electing
3        Provider in the geographic area on January 1, 2010 or
4        if the Electing Provider has not increased its
5        stand-alone network access line and local usage rates,
6        including Extended Area Service rates, since January
7        1, 2010.
8            (B) An extra package, which shall consist of
9        residential basic local exchange network access line
10        and unlimited local calls. The price for the extra
11        package shall be the Electing Provider's applicable
12        price in effect on January 1, 2010 for a residential
13        access line with unlimited local calls.
14            (C) A plus package, which shall consist of
15        residential basic local exchange network access line,
16        unlimited local calls, and the customer's choice of 2
17        vertical services offered by the Electing Provider.
18        The term "vertical services" as used in this
19        subsection, includes, but is not limited to, call
20        waiting, call forwarding, 3-way calling, caller ID,
21        call tracing, automatic callback, repeat dialing, and
22        voicemail. The price for the plus package shall be the
23        Electing Provider's applicable price in effect on
24        January 1, 2010 for the sum of a residential access
25        line with unlimited local calls and 2 times the average
26        price for the vertical features included in the

 

 

09900SB0096ham003- 53 -LRB099 04130 SXM 36223 a

1        package.
2        (2) Subject to subdivision (d)(8) of this Section, for
3    For those geographic areas in which local exchange
4    telecommunications services were classified as competitive
5    on the effective date of this amendatory Act of the 96th
6    General Assembly, an Electing Provider in each such MSA or
7    Exchange area shall be subject to the same terms and
8    conditions as provided in commitments made by the Electing
9    Provider in connection with such previous competitive
10    classifications, which shall apply with equal force under
11    this Section, except as follows: (i) the limits on price
12    increases on the optional packages required by this Section
13    shall be extended consistent with subsection (d)(1) of this
14    Section and (ii) the price for the extra package required
15    by subsection (d)(1)(B) shall be reduced by one dollar from
16    the price in effect on January 1, 2010. In addition, if an
17    Electing Provider obtains a competitive classification
18    pursuant to subsection (c)(1) and (c)(2), the price for the
19    optional packages shall be determined in such area in
20    compliance with subsection (d)(1), except the price for the
21    plus package required by subsection (d)(1) (C) shall be the
22    lower of the price for such area or the price of the plus
23    package in effect on January 1, 2010 for areas classified
24    as competitive pursuant to subsection (c)(1).
25        (3) To the extent that the requirements in Section
26    13-518 applied to a telecommunications carrier prior to the

 

 

09900SB0096ham003- 54 -LRB099 04130 SXM 36223 a

1    effective date of this Section and that telecommunications
2    carrier becomes an Electing Provider in accordance with the
3    provisions of this Section, the requirements in Section
4    13-518 shall cease to apply to that Electing Provider in
5    those geographic areas included in the Electing Provider's
6    notice of election pursuant to subsection (b) of this
7    Section.
8        (4) Subject to subdivision (d)(8) of this Section, an
9    An Electing Provider shall make the optional packages
10    required by this subsection and stand-alone residential
11    network access lines and local usage, where offered,
12    readily available to the public by providing information,
13    in a clear manner, to residential customers. Information
14    shall be made available on a website, and an Electing
15    Provider shall provide notification to its customers every
16    6 months, provided that notification may consist of a bill
17    page message that provides an objective description of the
18    safe harbor options that includes a telephone number and
19    website address where the customer may obtain additional
20    information about the packages from the Electing Provider.
21    The optional packages shall be offered on a monthly basis
22    with no term of service requirement. An Electing Provider
23    shall allow online electronic ordering of the optional
24    packages and stand-alone residential network access lines
25    and local usage, where offered, on its website in a manner
26    similar to the online electronic ordering of its other

 

 

09900SB0096ham003- 55 -LRB099 04130 SXM 36223 a

1    residential services.
2        (5) Subject to subdivision (d)(8) of this Section, an
3    An Electing Provider shall comply with the Commission's
4    existing rules, regulations, and notices in Title 83, Part
5    735 of the Illinois Administrative Code when offering or
6    providing the optional packages required by this
7    subsection (d) and stand-alone residential network access
8    lines.
9        (6) Subject to subdivision (d)(8) of this Section, an
10    An Electing Provider shall provide to the Commission
11    semi-annual subscribership reports as of June 30 and
12    December 31 that contain the number of its customers
13    subscribing to each of the consumer choice safe harbor
14    packages required by subsection (d)(1) of this Section and
15    the number of its customers subscribing to retail
16    residential basic local exchange service as defined in
17    subsection (a)(2) of this Section. The first semi-annual
18    reports shall be made on April 1, 2011 for December 31,
19    2010, and on September 1, 2011 for June 30, 2011, and
20    semi-annually on April 1 and September 1 thereafter. Such
21    subscribership information shall be accorded confidential
22    and proprietary treatment upon request by the Electing
23    Provider.
24        (7) The Commission shall have the power, after notice
25    and hearing as provided in this Article, upon complaint or
26    upon its own motion, to take corrective action if the

 

 

09900SB0096ham003- 56 -LRB099 04130 SXM 36223 a

1    requirements of this Section are not complied with by an
2    Electing Provider.
3        (8) On and after the effective date of this amendatory
4    act of the 99th General Assembly, an Electing Provider
5    shall continue to offer and provide the optional packages
6    described in this subsection (d) to existing customers and
7    new customers. On and after July 1, 2017, an Electing
8    Provider may immediately stop offering the optional
9    packages described in this subsection (d) and, upon
10    providing two notices to affected customers and to the
11    Commission, may stop providing the optional packages
12    described in this subsection (d) to all customers who
13    subscribe to one of the optional packages. The first notice
14    shall be provided at least 90 days before the date upon
15    which the Electing Provider intends to stop providing the
16    optional packages, and the second notice must be provided
17    at least 30 days before that date. The first notice shall
18    not be provided prior to July 1, 2017. Each notice must
19    identify the date on which the Electing Provider intends to
20    stop providing the optional packages, at least one
21    alternative service available to the customer, and a
22    telephone number by which the customer may contact a
23    service representative of the Electing Provider. After
24    July 1, 2017 with respect to new customers, and upon the
25    expiration of the second notice period with respect to
26    customers who were subscribing to one of the optional

 

 

09900SB0096ham003- 57 -LRB099 04130 SXM 36223 a

1    packages, subdivisions (d)(1), (d)(2), (d)(4), (d)(5),
2    (d)(6), and (d)(7) of this Section shall not apply to the
3    Electing Provider. Notwithstanding any other provision of
4    this Article, an Electing Provider that has ceased
5    providing the optional packages under this subdivision
6    (d)(8) is not subject to Section 13-301(1)(c) of this Act.
7    Notwithstanding any other provision of this Act, and
8    subject to subdivision (d)(7) of this of this Section, the
9    Commission's authority over the discontinuance of the
10    optional packages described in this subsection (d) by an
11    Electing Provider shall be governed solely by this
12    subsection (d)(8).
13    (e) Service quality and customer credits for basic local
14exchange service.
15        (1) An Electing Provider shall meet the following
16    service quality standards in providing basic local
17    exchange service, which for purposes of this subsection
18    (e), includes both basic local exchange service and any the
19    consumer choice safe harbor options that may be required by
20    subsection (d) of this Section.
21            (A) Install basic local exchange service within 5
22        business days after receipt of an order from the
23        customer unless the customer requests an installation
24        date that is beyond 5 business days after placing the
25        order for basic service and to inform the customer of
26        the Electing Provider's duty to install service within

 

 

09900SB0096ham003- 58 -LRB099 04130 SXM 36223 a

1        this timeframe. If installation of service is
2        requested on or by a date more than 5 business days in
3        the future, the Electing Provider shall install
4        service by the date requested.
5            (B) Restore basic local exchange service for the
6        customer within 30 hours after receiving notice that
7        the customer is out of service.
8            (C) Keep all repair and installation appointments
9        for basic local exchange service if a customer premises
10        visit requires a customer to be present. The
11        appointment window shall be either a specific time or,
12        at a maximum, a 4-hour time block during evening,
13        weekend, and normal business hours.
14            (D) Inform a customer when a repair or installation
15        appointment requires the customer to be present.
16        (2) Customers shall be credited by the Electing
17    Provider for violations of basic local exchange service
18    quality standards described in subdivision (e)(1) of this
19    Section. The credits shall be applied automatically on the
20    statement issued to the customer for the next monthly
21    billing cycle following the violation or following the
22    discovery of the violation. The next monthly billing cycle
23    following the violation or the discovery of the violation
24    means the billing cycle immediately following the billing
25    cycle in process at the time of the violation or discovery
26    of the violation, provided the total time between the

 

 

09900SB0096ham003- 59 -LRB099 04130 SXM 36223 a

1    violation or discovery of the violation and the issuance of
2    the credit shall not exceed 60 calendar days. The Electing
3    Provider is responsible for providing the credits and the
4    customer is under no obligation to request such credits.
5    The following credits shall apply:
6            (A) If an Electing Provider fails to repair an
7        out-of-service condition for basic local exchange
8        service within 30 hours, the Electing Provider shall
9        provide a credit to the customer. If the service
10        disruption is for more than 30 hours, but not more than
11        48 hours, the credit must be equal to a pro-rata
12        portion of the monthly recurring charges for all basic
13        local exchange services disrupted. If the service
14        disruption is for more than 48 hours, but not more than
15        72 hours, the credit must be equal to at least 33% of
16        one month's recurring charges for all local services
17        disrupted. If the service disruption is for more than
18        72 hours, but not more than 96 hours, the credit must
19        be equal to at least 67% of one month's recurring
20        charges for all basic local exchange services
21        disrupted. If the service disruption is for more than
22        96 hours, but not more than 120 hours, the credit must
23        be equal to one month's recurring charges for all basic
24        local exchange services disrupted. For each day or
25        portion thereof that the service disruption continues
26        beyond the initial 120-hour period, the Electing

 

 

09900SB0096ham003- 60 -LRB099 04130 SXM 36223 a

1        Provider shall also provide an additional credit of $20
2        per calendar day.
3            (B) If an Electing Provider fails to install basic
4        local exchange service as required under subdivision
5        (e)(1) of this Section, the Electing Provider shall
6        waive 50% of any installation charges, or in the
7        absence of an installation charge or where
8        installation is pursuant to the Link Up program, the
9        Electing Provider shall provide a credit of $25. If an
10        Electing Provider fails to install service within 10
11        business days after the service application is placed,
12        or fails to install service within 5 business days
13        after the customer's requested installation date, if
14        the requested date was more than 5 business days after
15        the date of the order, the Electing Provider shall
16        waive 100% of the installation charge, or in the
17        absence of an installation charge or where
18        installation is provided pursuant to the Link Up
19        program, the Electing Provider shall provide a credit
20        of $50. For each day that the failure to install
21        service continues beyond the initial 10 business days,
22        or beyond 5 business days after the customer's
23        requested installation date, if the requested date was
24        more than 5 business days after the date of the order,
25        the Electing Provider shall also provide an additional
26        credit of $20 per calendar day until the basic local

 

 

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1        exchange service is installed.
2            (C) If an Electing Provider fails to keep a
3        scheduled repair or installation appointment when a
4        customer premises visit requires a customer to be
5        present as required under subdivision (e)(1) of this
6        Section, the Electing Provider shall credit the
7        customer $25 per missed appointment. A credit required
8        by this subdivision does not apply when the Electing
9        Provider provides the customer notice of its inability
10        to keep the appointment no later than 8:00 pm of the
11        day prior to the scheduled date of the appointment.
12            (D) Credits required by this subsection do not
13        apply if the violation of a service quality standard:
14                (i) occurs as a result of a negligent or
15            willful act on the part of the customer;
16                (ii) occurs as a result of a malfunction of
17            customer-owned telephone equipment or inside
18            wiring;
19                (iii) occurs as a result of, or is extended by,
20            an emergency situation as defined in 83 Ill. Adm.
21            Code 732.10;
22                (iv) is extended by the Electing Provider's
23            inability to gain access to the customer's
24            premises due to the customer missing an
25            appointment, provided that the violation is not
26            further extended by the Electing Provider;

 

 

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1                (v) occurs as a result of a customer request to
2            change the scheduled appointment, provided that
3            the violation is not further extended by the
4            Electing Provider;
5                (vi) occurs as a result of an Electing
6            Provider's right to refuse service to a customer as
7            provided in Commission rules; or
8                (vii) occurs as a result of a lack of
9            facilities where a customer requests service at a
10            geographically remote location, where a customer
11            requests service in a geographic area where the
12            Electing Provider is not currently offering
13            service, or where there are insufficient
14            facilities to meet the customer's request for
15            service, subject to an Electing Provider's
16            obligation for reasonable facilities planning.
17        (3) Each Electing Provider shall provide to the
18    Commission on a quarterly basis and in a form suitable for
19    posting on the Commission's website in conformance with the
20    rules adopted by the Commission and in effect on April 1,
21    2010, a public report that includes the following data for
22    basic local exchange service quality of service:
23            (A) With regard to credits due in accordance with
24        subdivision (e)(2)(A) as a result of out-of-service
25        conditions lasting more than 30 hours:
26                (i) the total dollar amount of any customer

 

 

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1            credits paid;
2                (ii) the number of credits issued for repairs
3            between 30 and 48 hours;
4                (iii) the number of credits issued for repairs
5            between 49 and 72 hours;
6                (iv) the number of credits issued for repairs
7            between 73 and 96 hours;
8                (v) the number of credits used for repairs
9            between 97 and 120 hours;
10                (vi) the number of credits issued for repairs
11            greater than 120 hours; and
12                (vii) the number of exemptions claimed for
13            each of the categories identified in subdivision
14            (e)(2)(D).
15            (B) With regard to credits due in accordance with
16        subdivision (e)(2)(B) as a result of failure to install
17        basic local exchange service:
18                (i) the total dollar amount of any customer
19            credits paid;
20                (ii) the number of installations after 5
21            business days;
22                (iii) the number of installations after 10
23            business days;
24                (iv) the number of installations after 11
25            business days; and
26                (v) the number of exemptions claimed for each

 

 

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1            of the categories identified in subdivision
2            (e)(2)(D).
3            (C) With regard to credits due in accordance with
4        subdivision (e)(2)(C) as a result of missed
5        appointments:
6                (i) the total dollar amount of any customer
7            credits paid;
8                (ii) the number of any customers receiving
9            credits; and
10                (iii) the number of exemptions claimed for
11            each of the categories identified in subdivision
12            (e)(2)(D).
13            (D) The Electing Provider's annual report required
14        by this subsection shall also include, for
15        informational reporting, the performance data
16        described in subdivisions (e)(2)(A), (e)(2)(B), and
17        (e)(2)(C), and trouble reports per 100 access lines
18        calculated using the Commission's existing applicable
19        rules and regulations for such measures, including the
20        requirements for service standards established in this
21        Section.
22        (4) It is the intent of the General Assembly that the
23    service quality rules and customer credits in this
24    subsection (e) of this Section and other enforcement
25    mechanisms, including fines and penalties authorized by
26    Section 13-305, shall apply on a nondiscriminatory basis to

 

 

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1    all Electing Providers. Accordingly, notwithstanding any
2    provision of any service quality rules promulgated by the
3    Commission, any alternative regulation plan adopted by the
4    Commission, or any other order of the Commission, any
5    Electing Provider that is subject to any other order of the
6    Commission and that violates or fails to comply with the
7    service quality standards promulgated pursuant to this
8    subsection (e) or any other order of the Commission shall
9    not be subject to any fines, penalties, customer credits,
10    or enforcement mechanisms other than such fines or
11    penalties or customer credits as may be imposed by the
12    Commission in accordance with the provisions of this
13    subsection (e) and Section 13-305, which are to be
14    generally applicable to all Electing Providers. The amount
15    of any fines or penalties imposed by the Commission for
16    failure to comply with the requirements of this subsection
17    (e) shall be an appropriate amount, taking into account, at
18    a minimum, the Electing Provider's gross annual intrastate
19    revenue; the frequency, duration, and recurrence of the
20    violation; and the relative harm caused to the affected
21    customers or other users of the network. In imposing fines
22    and penalties, the Commission shall take into account
23    compensation or credits paid by the Electing Provider to
24    its customers pursuant to this subsection (e) in
25    compensation for any violation found pursuant to this
26    subsection (e), and in any event the fine or penalty shall

 

 

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1    not exceed an amount equal to the maximum amount of a civil
2    penalty that may be imposed under Section 13-305.
3        (5) An Electing Provider in each of the MSA or Exchange
4    areas classified as competitive pursuant to subsection (c)
5    of this Section shall fulfill the requirements in
6    subdivision (e)(3) of this Section for 3 years after its
7    notice of election becomes effective. After such 3 years,
8    the requirements in subdivision (e)(3) of this Section
9    shall not apply to such Electing Provider, except that,
10    upon request from the Commission, the Electing Provider
11    shall provide a report showing the number of credits and
12    exemptions for the requested time period.
13    (f) Commission jurisdiction over competitive retail
14telecommunications services. Except as otherwise expressly
15stated in this Section, the Commission shall thereafter have no
16jurisdiction or authority over any aspect of competitive retail
17telecommunications service of an Electing Provider in those
18geographic areas included in the Electing Provider's notice of
19election pursuant to subsection (b) of this Section or of a
20retail telecommunications service classified as competitive
21pursuant to Section 13-502 or subdivision (c)(5) of this
22Section, heretofore subject to the jurisdiction of the
23Commission, including but not limited to, any requirements of
24this Article related to the terms, conditions, rates, quality
25of service, availability, classification or any other aspect of
26any competitive retail telecommunications services. No

 

 

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1telecommunications carrier shall commit any unfair or
2deceptive act or practice in connection with any aspect of the
3offering or provision of any competitive retail
4telecommunications service. Nothing in this Article shall
5limit or affect any provisions in the Consumer Fraud and
6Deceptive Business Practices Act with respect to any unfair or
7deceptive act or practice by a telecommunications carrier.
8    (g) Commission authority over access services upon
9election for market regulation.
10        (1) As part of its Notice of Election for Market
11    Regulation, the Electing Provider shall reduce its
12    intrastate switched access rates to rates no higher than
13    its interstate switched access rates in 4 installments. The
14    first reduction must be made 30 days after submission of
15    its complete application for Notice of Election for Market
16    Regulation, and the Electing Provider must reduce its
17    intrastate switched access rates by an amount equal to 33%
18    of the difference between its current intrastate switched
19    access rates and its current interstate switched access
20    rates. The second reduction must be made no later than one
21    year after the first reduction, and the Electing Provider
22    must reduce its then current intrastate switched access
23    rates by an amount equal to 41% of the difference between
24    its then current intrastate switched access rates and its
25    then current interstate switched access rates. The third
26    reduction must be made no later than one year after the

 

 

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1    second reduction, and the Electing Provider must reduce its
2    then current intrastate switched access rates by an amount
3    equal to 50% of the difference between its then current
4    intrastate switched access rate and its then current
5    interstate switched access rates. The fourth reduction
6    must be made on or before June 30, 2013, and the Electing
7    Provider must reduce its intrastate switched access rate to
8    mirror its then current interstate switched access rates
9    and rate structure. Following the fourth reduction, each
10    Electing Provider must continue to set its intrastate
11    switched access rates to mirror its interstate switched
12    access rates and rate structure. For purposes of this
13    subsection, the rate for intrastate switched access
14    service means the composite, per-minute rate for that
15    service, including all applicable fixed and
16    traffic-sensitive charges, including, but not limited to,
17    carrier common line charges.
18        (2) Nothing in paragraph (1) of this subsection (g)
19    prohibits an Electing Provider from electing to offer
20    intrastate switched access service at rates lower than its
21    interstate switched access rates.
22        (3) The Commission shall have no authority to order an
23    Electing Provider to set its rates for intrastate switched
24    access at a level lower than its interstate switched access
25    rates.
26        (4) The Commission's authority under this subsection

 

 

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1    (g) shall only apply to Electing Providers under Market
2    Regulation. The Commission's authority over switched
3    access services for all other carriers is retained under
4    Section 13-900.2 of this Act.
5    (h) Safety of service equipment and facilities.
6        (1) An Electing Provider shall furnish, provide, and
7    maintain such service instrumentalities, equipment, and
8    facilities as shall promote the safety, health, comfort,
9    and convenience of its patrons, employees, and public and
10    as shall be in all respects adequate, reliable, and
11    efficient without discrimination or delay. Every Electing
12    Provider shall provide service and facilities that are in
13    all respects environmentally safe.
14        (2) The Commission is authorized to conduct an
15    investigation of any Electing Provider or part thereof. The
16    investigation may examine the reasonableness, prudence, or
17    efficiency of any aspect of the Electing Provider's
18    operations or functions that may affect the adequacy,
19    safety, efficiency, or reliability of telecommunications
20    service. The Commission may conduct or order an
21    investigation only when it has reasonable grounds to
22    believe that the investigation is necessary to assure that
23    the Electing Provider is providing adequate, efficient,
24    reliable, and safe service. The Commission shall, before
25    initiating any such investigation, issue an order
26    describing the grounds for the investigation and the

 

 

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1    appropriate scope and nature of the investigation, which
2    shall be reasonably related to the grounds relied upon by
3    the Commission in its order.
4    (i) (Blank).
5    (j) Application of Article VII. The provisions of Sections
67-101, 7-102, 7-104, 7-204, 7-205, and 7-206 of this Act are
7applicable to an Electing Provider offering or providing retail
8telecommunications service, and the Commission's regulation
9thereof, except that (1) the approval of contracts and
10arrangements with affiliated interests required by paragraph
11(3) of Section 7-101 shall not apply to such telecommunications
12carriers provided that, except as provided in item (2), those
13contracts and arrangements shall be filed with the Commission;
14(2) affiliated interest contracts or arrangements entered into
15by such telecommunications carriers where the increased
16obligation thereunder does not exceed the lesser of $5,000,000
17or 5% of such carrier's prior annual revenue from
18noncompetitive services are not required to be filed with the
19Commission; and (3) any consent and approval of the Commission
20required by Section 7-102 is not required for the sale, lease,
21assignment, or transfer by any Electing Provider of any
22property that is not necessary or useful in the performance of
23its duties to the public.
24    (k) Notwithstanding other provisions of this Section, the
25Commission retains its existing authority to enforce the
26provisions, conditions, and requirements of the following

 

 

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1Sections of this Article: 13-101, 13-103, 13-201, 13-301,
213-301.1, 13-301.2, 13-301.3, 13-303, 13-303.5, 13-304,
313-305, 13-401, 13-401.1, 13-402, 13-403, 13-404, 13-404.1,
413-404.2, 13-405, 13-406, 13-407, 13-501, 13-501.5, 13-503,
513-505, 13-509, 13-510, 13-512, 13-513, 13-514, 13-515,
613-516, 13-519, 13-702, 13-703, 13-704, 13-705, 13-706,
713-707, 13-709, 13-713, 13-801, 13-802.1, 13-804, 13-900,
813-900.1, 13-900.2, 13-901, 13-902, and 13-903, which are fully
9and equally applicable to Electing Providers and to
10telecommunications carriers providing retail
11telecommunications service classified as competitive pursuant
12to Section 13-502 or subdivision (c)(5) of this Section subject
13to the provisions of this Section. On the effective date of
14this amendatory Act of the 98th General Assembly, the following
15Sections of this Article shall cease to apply to Electing
16Providers and to telecommunications carriers providing retail
17telecommunications service classified as competitive pursuant
18to Section 13-502 or subdivision (c)(5) of this Section:
1913-302, 13-405.1, 13-502, 13-502.5, 13-504, 13-505.2,
2013-505.3, 13-505.4, 13-505.5, 13-505.6, 13-506.1, 13-507,
2113-507.1, 13-508, 13-508.1, 13-517, 13-518, 13-601, 13-701,
22and 13-712.
23(Source: P.A. 98-45, eff. 6-28-13.)
 
24    (220 ILCS 5/13-703)  (from Ch. 111 2/3, par. 13-703)
25    (Section scheduled to be repealed on July 1, 2015)

 

 

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1    Sec. 13-703. (a) The Commission shall design and implement
2a program whereby each telecommunications carrier providing
3local exchange service shall provide a telecommunications
4device capable of servicing the needs of those persons with a
5hearing or speech disability together with a single party line,
6at no charge additional to the basic exchange rate, to any
7subscriber who is certified as having a hearing or speech
8disability by a licensed physician, speech-language
9pathologist, audiologist or a qualified State agency and to any
10subscriber which is an organization serving the needs of those
11persons with a hearing or speech disability as determined and
12specified by the Commission pursuant to subsection (d).
13    (b) The Commission shall design and implement a program,
14whereby each telecommunications carrier providing local
15exchange service shall provide a telecommunications relay
16system, using third party intervention to connect those persons
17having a hearing or speech disability with persons of normal
18hearing by way of intercommunications devices and the telephone
19system, making available reasonable access to all phases of
20public telephone service to persons who have a hearing or
21speech disability. In order to design a telecommunications
22relay system which will meet the requirements of those persons
23with a hearing or speech disability available at a reasonable
24cost, the Commission shall initiate an investigation and
25conduct public hearings to determine the most cost-effective
26method of providing telecommunications relay service to those

 

 

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1persons who have a hearing or speech disability when using
2telecommunications devices and therein solicit the advice,
3counsel, and physical assistance of Statewide nonprofit
4consumer organizations that serve persons with hearing or
5speech disabilities in such hearings and during the development
6and implementation of the system. The Commission shall phase in
7this program, on a geographical basis, as soon as is
8practicable, but no later than June 30, 1990.
9    (c) The Commission shall establish a competitively neutral
10rate recovery mechanism that establishes , authorizing charges
11in an amount to be determined by the Commission for each line
12of a subscriber to allow telecommunications carriers providing
13local exchange service to recover costs as they are incurred
14under this Section. Beginning no later than April 1, 2016, and
15on a yearly basis thereafter, the Commission shall initiate a
16proceeding to establish the amount to be charged or assessed to
17subscribers of telecommunications carriers and wireless
18carriers, Interconnected VoIP service providers and purchasers
19of prepaid wireless telecommunications service in a manner
20consistent with this subsection (c) and subsection (f) of this
21Section. The Commission shall issue its order establishing the
22amount to be charged or assessed to subscribers of
23telecommunications carriers and wireless carriers,
24Interconnected VoIP service providers and purchasers of
25prepaid wireless telecommunications service on or prior to June
261 of each year, and such amount shall take effect June 1 of

 

 

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1each year.
2    (d) The Commission shall determine and specify those
3organizations serving the needs of those persons having a
4hearing or speech disability that shall receive a
5telecommunications device and in which offices the equipment
6shall be installed in the case of an organization having more
7than one office. For the purposes of this Section,
8"organizations serving the needs of those persons with hearing
9or speech disabilities" means centers for independent living as
10described in Section 12a of the Disabled Persons Rehabilitation
11Act and not-for-profit organizations whose primary purpose is
12serving the needs of those persons with hearing or speech
13disabilities. The Commission shall direct the
14telecommunications carriers subject to its jurisdiction and
15this Section to comply with its determinations and
16specifications in this regard.
17    (e) As used in this Section:
18    "Prepaid wireless telecommunications service" has the
19meaning given to that term under Section 10 of the Prepaid
20Wireless 9-1-1 Surcharge Act.
21    "Retail transaction" has the meaning given to that term
22under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act.
23    "Telecommunications , the phrase "telecommunications
24carrier providing local exchange service" includes, without
25otherwise limiting the meaning of the term, telecommunications
26carriers which are purely mutual concerns, having no rates or

 

 

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1charges for services, but paying the operating expenses by
2assessment upon the members of such a company and no other
3person.
4    "Wireless carrier" has the meaning given to that term under
5Section 10 of the Wireless Emergency Telephone Safety Act.
6    (f) Interconnected VoIP service providers, sellers of
7prepaid wireless telecommunications service, and wireless
8carriers in Illinois shall collect and remit assessments
9determined in accordance with this Section in a competitively
10neutral manner in the same manner as a telecommunications
11carrier providing local exchange service. However, the
12assessment imposed on consumers of prepaid wireless
13telecommunications service shall be imposed per retail
14transaction as a percentage of that retail transaction on all
15retail transactions occurring in this State. The assessment on
16subscribers of wireless carriers and consumers of prepaid
17wireless telecommunications service providers shall not be
18imposed or collected prior to June 1, 2016.
19    Sellers of prepaid wireless telecommunications service
20shall remit the assessments to the Department of Revenue on the
21same form and in the same manner which they remit the fee
22collected under the Prepaid Wireless 9-1-1 Surcharge Act. For
23the purposes of display on the consumers' receipts, the rates
24of the fee collected under the Prepaid Wireless 9-1-1 Surcharge
25Act and the assessment under this Section may be combined. In
26administration and enforcement of this Section, the provisions

 

 

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1of Sections 15 and 20 of the Prepaid Wireless 9-1-1 Surcharge
2Act (except subsections (a), (a-5), (b-5), (e), and (e-5) of
3Section 15 and subsections (c) and (e) of Section 20 of the
4Prepaid Wireless 9-1-1 Surcharge Act and, from the effective
5date of this amendatory Act of the 99th General Assembly, the
6seller shall be permitted to deduct and retain 3% of the
7assessments that are collected by the seller from consumers and
8that are remitted and timely filed with the Department) that
9are not inconsistent with this Section, shall apply, as far as
10practicable, to the subject matter of this Section to the same
11extent as if those provisions were included in this Section.
12The Department shall deposit all assessments and penalties
13collected under this Section into the Illinois
14Telecommunications Access Corporation Fund, a special fund
15created in the State treasury. On or before the 25th day of
16each calendar month, the Department shall prepare and certify
17to the Comptroller the amount available to the Commission for
18distribution out of the Illinois Telecommunications Access
19Corporation Fund. The amount certified shall be the amount (not
20including credit memoranda) collected during the second
21preceding calendar month by the Department, plus an amount the
22Department determines is necessary to offset any amounts which
23were erroneously paid to a different taxing body or fund. The
24amount paid to the Illinois Telecommunications Access
25Corporation Fund shall not include any amount equal to the
26amount of refunds made during the second preceding calendar

 

 

09900SB0096ham003- 77 -LRB099 04130 SXM 36223 a

1month by the Department to retailers under this Section or any
2amount that the Department determines is necessary to offset
3any amounts which were payable to a different taxing body or
4fund but were erroneously paid to the Illinois
5Telecommunications Access Corporation Fund. The Commission
6shall distribute all the funds to the Illinois
7Telecommunications Access Corporation and the funds may only be
8used in accordance with the provisions of this Section. The
9Department shall deduct 2% of all amounts deposited in the
10Illinois Telecommunications Access Corporation Fund during
11every year of remitted assessments. Of the 2% deducted by the
12Department, one-half shall be transferred into the Tax
13Compliance and Administration Fund to reimburse the Department
14for its direct costs of administering the collection and
15remittance of the assessment. The remaining one-half shall be
16transferred into the Public Utilities Fund to reimburse the
17Commission for its costs of distributing to the Illinois
18Telecommunications Access Corporation the amount certified by
19the Department for distribution.
20    Interconnected VoIP services shall not be considered an
21intrastate telecommunications service for the purposes of this
22Section in a manner inconsistent with federal law or Federal
23Communications Commission regulation.
24    (g) The provisions of this Section are severable under
25Section 1.31 of the Statute on Statutes.
26    (h) The Commission may adopt rules necessary to implement

 

 

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1this Section.
2(Source: P.A. 96-927, eff. 6-15-10.)
 
3    (220 ILCS 5/13-1200)
4    (Section scheduled to be repealed on July 1, 2015)
5    Sec. 13-1200. Repealer. This Article is repealed July 1,
62017 2015.
7(Source: P.A. 98-45, eff. 6-28-13.)
 
8    (220 ILCS 5/21-401)
9    (Section scheduled to be repealed on July 1, 2015)
10    Sec. 21-401. Applications.
11    (a)(1) A person or entity seeking to provide cable service
12or video service pursuant to this Article shall not use the
13public rights-of-way for the installation or construction of
14facilities for the provision of cable service or video service
15or offer cable service or video service until it has obtained a
16State-issued authorization to offer or provide cable or video
17service under this Section, except as provided for in item (2)
18of this subsection (a). All cable or video providers offering
19or providing service in this State shall have authorization
20pursuant to either (i) the Cable and Video Competition Law of
212007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the
22Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section
235-1095 of the Counties Code (55 ILCS 5/5-1095).
24    (2) Nothing in this Section shall prohibit a local unit of

 

 

09900SB0096ham003- 79 -LRB099 04130 SXM 36223 a

1government from granting a permit to a person or entity for the
2use of the public rights-of-way to install or construct
3facilities to provide cable service or video service, at its
4sole discretion. No unit of local government shall be liable
5for denial or delay of a permit prior to the issuance of a
6State-issued authorization.
7    (b) The application to the Commission for State-issued
8authorization shall contain a completed affidavit submitted by
9the applicant and signed by an officer or general partner of
10the applicant affirming all of the following:
11        (1) That the applicant has filed or will timely file
12    with the Federal Communications Commission all forms
13    required by that agency in advance of offering cable
14    service or video service in this State.
15        (2) That the applicant agrees to comply with all
16    applicable federal and State statutes and regulations.
17        (3) That the applicant agrees to comply with all
18    applicable local unit of government regulations.
19        (4) An exact description of the cable service or video
20    service area where the cable service or video service will
21    be offered during the term of the State-issued
22    authorization. The service area shall be identified in
23    terms of either (i) exchanges, as that term is defined in
24    Section 13-206 of this Act; (ii) a collection of United
25    States Census Bureau Block numbers (13 digit); (iii) if the
26    area is smaller than the areas identified in either (i) or

 

 

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1    (ii), by geographic information system digital boundaries
2    meeting or exceeding national map accuracy standards; or
3    (iv) local unit of government. The description shall
4    include the number of low-income households within the
5    service area or footprint. If an applicant is an incumbent
6    cable operator, the incumbent cable operator and any
7    successor-in-interest shall be obligated to provide access
8    to cable services or video services within any local units
9    of government at the same levels required by the local
10    franchising authorities for the local unit of government on
11    June 30, 2007 (the effective date of Public Act 95-9), and
12    its application shall provide a description of an area no
13    smaller than the service areas contained in its franchise
14    or franchises within the jurisdiction of the local unit of
15    government in which it seeks to offer cable or video
16    service.
17        (5) The location and telephone number of the
18    applicant's principal place of business within this State
19    and the names of the applicant's principal executive
20    officers who are responsible for communications concerning
21    the application and the services to be offered pursuant to
22    the application, the applicant's legal name, and any name
23    or names under which the applicant does or will provide
24    cable services or video services in this State.
25        (6) A certification that the applicant has
26    concurrently delivered a copy of the application to all

 

 

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1    local units of government that include all or any part of
2    the service area identified in item (4) of this subsection
3    (b) within such local unit of government's jurisdictional
4    boundaries.
5        (7) The expected date that cable service or video
6    service will be initially offered in the area identified in
7    item (4) of this subsection (b). In the event that a holder
8    does not offer cable services or video services within 3
9    months after the expected date, it shall amend its
10    application and update the expected date service will be
11    offered and explain the delay in offering cable services or
12    video services.
13        (8) For any entity that received State-issued
14    authorization prior to this amendatory Act of the 98th
15    General Assembly as a cable operator and that intends to
16    proceed as a cable operator under this Article, the entity
17    shall file a written affidavit with the Commission and
18    shall serve a copy of the affidavit with any local units of
19    government affected by the authorization within 30 days
20    after the effective date of this amendatory Act of the 98th
21    General Assembly stating that the holder will be providing
22    cable service under the State-issued authorization.
23    The application shall include adequate assurance that the
24applicant possesses the financial, managerial, legal, and
25technical qualifications necessary to construct and operate
26the proposed system, to promptly repair any damage to the

 

 

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1public right-of-way caused by the applicant, and to pay the
2cost of removal of its facilities. To accomplish these
3requirements, the applicant may, at the time the applicant
4seeks to use the public rights-of-way in that jurisdiction, be
5required by the State of Illinois or later be required by the
6local unit of government, or both, to post a bond, produce a
7certificate of insurance, or otherwise demonstrate its
8financial responsibility.
9    The application shall include the applicant's general
10standards related to customer service required by Section
1122-501 of this Act, which shall include, but not be limited to,
12installation, disconnection, service and repair obligations;
13appointment hours; employee ID requirements; customer service
14telephone numbers and hours; procedures for billing, charges,
15deposits, refunds, and credits; procedures for termination of
16service; notice of deletion of programming service and changes
17related to transmission of programming or changes or increases
18in rates; use and availability of parental control or lock-out
19devices; complaint procedures and procedures for bill dispute
20resolution and a description of the rights and remedies
21available to consumers if the holder does not materially meet
22their customer service standards; and special services for
23customers with visual, hearing, or mobility disabilities.
24    (c)(1) The applicant may designate information that it
25submits in its application or subsequent reports as
26confidential or proprietary, provided that the applicant

 

 

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1states the reasons the confidential designation is necessary.
2The Commission shall provide adequate protection for such
3information pursuant to Section 4-404 of this Act. If the
4Commission, a local unit of government, or any other party
5seeks public disclosure of information designated as
6confidential, the Commission shall consider the confidential
7designation in a proceeding under the Illinois Administrative
8Procedure Act, and the burden of proof to demonstrate that the
9designated information is confidential shall be upon the
10applicant. Designated information shall remain confidential
11pending the Commission's determination of whether the
12information is entitled to confidential treatment. Information
13designated as confidential shall be provided to local units of
14government for purposes of assessing compliance with this
15Article as permitted under a Protective Order issued by the
16Commission pursuant to the Commission's rules and to the
17Attorney General pursuant to Section 6.5 of the Attorney
18General Act (15 ILCS 205/6.5). Information designated as
19confidential under this Section or determined to be
20confidential upon Commission review shall only be disclosed
21pursuant to a valid and enforceable subpoena or court order or
22as required by the Freedom of Information Act. Nothing herein
23shall delay the application approval timeframes set forth in
24this Article.
25    (2) Information regarding the location of video services
26that have been or are being offered to the public and aggregate

 

 

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1information included in the reports required by this Article
2shall not be designated or treated as confidential.
3    (d)(1) The Commission shall post all applications it
4receives under this Article on its web site within 5 business
5days.
6    (2) The Commission shall notify an applicant for a cable
7service or video service authorization whether the applicant's
8application and affidavit are complete on or before the 15th
9business day after the applicant submits the application. If
10the application and affidavit are not complete, the Commission
11shall state in its notice all of the reasons the application or
12affidavit are incomplete, and the applicant shall resubmit a
13complete application. The Commission shall have 30 days after
14submission by the applicant of a complete application and
15affidavit to issue the service authorization. If the Commission
16does not notify the applicant regarding the completeness of the
17application and affidavit or issue the service authorization
18within the time periods required under this subsection, the
19application and affidavit shall be considered complete and the
20service authorization issued upon the expiration of the 30th
21day.
22    (e) Any authorization issued by the Commission will expire
23on December 31, 2020 2015 and shall contain or include all of
24the following:
25        (1) A grant of authority, including an authorization
26    issued prior to this amendatory Act of the 98th General

 

 

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1    Assembly, to provide cable service or video service in the
2    service area footprint as requested in the application,
3    subject to the provisions of this Article in existence on
4    the date the grant of authority was issued, and any
5    modifications to this Article enacted at any time prior to
6    the date in Section 21-1601 of this Act, and to the laws of
7    the State and the ordinances, rules, and regulations of the
8    local units of government.
9        (2) A grant of authority to use, occupy, and construct
10    facilities in the public rights-of-way for the delivery of
11    cable service or video service in the service area
12    footprint, subject to the laws, ordinances, rules, or
13    regulations of this State and local units of governments.
14        (3) A statement that the grant of authority is subject
15    to lawful operation of the cable service or video service
16    by the applicant, its affiliated entities, or its
17    successors-in-interest.
18    (e-5) (4) The Commission shall notify a local unit of
19government within 3 business days of the grant of any
20authorization within a service area footprint if that
21authorization includes any part of the local unit of
22government's jurisdictional boundaries and state whether the
23holder will be providing video service or cable service under
24the authorization.
25    (f) The authorization issued pursuant to this Section by
26the Commission may be transferred to any successor-in-interest

 

 

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1to the applicant to which it is initially granted without
2further Commission action if the successor-in-interest (i)
3submits an application and the information required by
4subsection (b) of this Section for the successor-in-interest
5and (ii) is not in violation of this Article or of any federal,
6State, or local law, ordinance, rule, or regulation. A
7successor-in-interest shall file its application and notice of
8transfer with the Commission and the relevant local units of
9government no less than 15 business days prior to the
10completion of the transfer. The Commission is not required or
11authorized to act upon the notice of transfer; however, the
12transfer is not effective until the Commission approves the
13successor-in-interest's application. A local unit of
14government or the Attorney General may seek to bar a transfer
15of ownership by filing suit in a court of competent
16jurisdiction predicated on the existence of a material and
17continuing breach of this Article by the holder, a pattern of
18noncompliance with customer service standards by the potential
19successor-in-interest, or the insolvency of the potential
20successor-in-interest. If a transfer is made when there are
21violations of this Article or of any federal, State, or local
22law, ordinance, rule, or regulation, the successor-in-interest
23shall be subject to 3 times the penalties provided for in this
24Article.
25    (g) The authorization issued pursuant to this Section
2621-401 of this Article by the Commission may be terminated, or

 

 

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1its cable service or video service area footprint may be
2modified, by the cable service provider or video service
3provider by submitting notice to the Commission and to the
4relevant local unit of government containing a description of
5the change on the same terms as the initial description
6pursuant to item (4) of subsection (b) of this Section. The
7Commission is not required or authorized to act upon that
8notice. It shall be a violation of this Article for a holder to
9discriminate against potential residential subscribers because
10of the race or income of the residents in the local area in
11which the group resides by terminating or modifying its cable
12service or video service area footprint. It shall be a
13violation of this Article for a holder to terminate or modify
14its cable service or video service area footprint if it leaves
15an area with no cable service or video service from any
16provider.
17    (h) The Commission's authority to administer this Article
18is limited to the powers and duties explicitly provided under
19this Article. Its authority under this Article does not include
20or limit the powers and duties that the Commission has under
21the other Articles of this Act, the Illinois Administrative
22Procedure Act, or any other law or regulation to conduct
23proceedings, other than as provided in subsection (c), or has
24to promulgate rules or regulations. The Commission shall not
25have the authority to limit or expand the obligations and
26requirements provided in this Section or to regulate or control

 

 

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1a person or entity to the extent that person or entity is
2providing cable service or video service, except as provided in
3this Article.
4(Source: P.A. 98-45, eff. 6-28-13; 98-756, eff. 7-16-14.)
 
5    (220 ILCS 5/21-801)
6    (Section scheduled to be repealed on July 1, 2015)
7    Sec. 21-801. Applicable fees payable to the local unit of
8government.
9    (a) Prior to offering cable service or video service in a
10local unit of government's jurisdiction, a holder shall notify
11the local unit of government. The notice shall be given to the
12local unit of government at least 10 days before the holder
13begins to offer cable service or video service within the
14boundaries of that local unit of government.
15    (b) In any local unit of government in which a holder
16offers cable service or video service on a commercial basis,
17the holder shall be liable for and pay the service provider fee
18to the local unit of government. The local unit of government
19shall adopt an ordinance imposing such a fee. The holder's
20liability for the fee shall commence on the first day of the
21calendar month that is at least 30 days after the adoption of
22holder receives such ordinance. The ordinance shall be sent by
23mail, postage prepaid, to the address listed on the holder's
24application provided to the local unit of government pursuant
25to item (6) of subsection (b) of Section 21-401 of this Act.

 

 

09900SB0096ham003- 89 -LRB099 04130 SXM 36223 a

1The fee authorized by this Section shall be 5% of gross
2revenues or the same as the fee paid to the local unit of
3government by any incumbent cable operator providing cable
4service. The payment of the service provider fee shall be due
5on a quarterly basis, 45 days after the close of the calendar
6quarter. If mailed, the fee is considered paid on the date it
7is postmarked. Except as provided in this Article, the local
8unit of government may not demand any additional fees or
9charges from the holder and may not demand the use of any other
10calculation method other than allowed under this Article.
11    (c) For purposes of this Article, "gross revenues" means
12all consideration of any kind or nature, including, without
13limitation, cash, credits, property, and in-kind contributions
14received by the holder for the operation of a cable or video
15system to provide cable service or video service within the
16holder's cable service or video service area within the local
17unit of government's jurisdiction.
18        (1) Gross revenues shall include the following:
19            (i) Recurring charges for cable service or video
20        service.
21            (ii) Event-based charges for cable service or
22        video service, including, but not limited to,
23        pay-per-view and video-on-demand charges.
24            (iii) Rental of set-top boxes and other cable
25        service or video service equipment.
26            (iv) Service charges related to the provision of

 

 

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1        cable service or video service, including, but not
2        limited to, activation, installation, and repair
3        charges.
4            (v) Administrative charges related to the
5        provision of cable service or video service, including
6        but not limited to service order and service
7        termination charges.
8            (vi) Late payment fees or charges, insufficient
9        funds check charges, and other charges assessed to
10        recover the costs of collecting delinquent payments.
11            (vii) A pro rata portion of all revenue derived by
12        the holder or its affiliates pursuant to compensation
13        arrangements for advertising or for promotion or
14        exhibition of any products or services derived from the
15        operation of the holder's network to provide cable
16        service or video service within the local unit of
17        government's jurisdiction. The allocation shall be
18        based on the number of subscribers in the local unit of
19        government divided by the total number of subscribers
20        in relation to the relevant regional or national
21        compensation arrangement.
22            (viii) Compensation received by the holder that is
23        derived from the operation of the holder's network to
24        provide cable service or video service with respect to
25        commissions that are received by the holder as
26        compensation for promotion or exhibition of any

 

 

09900SB0096ham003- 91 -LRB099 04130 SXM 36223 a

1        products or services on the holder's network, such as a
2        "home shopping" or similar channel, subject to item
3        (ix) of this paragraph (1).
4            (ix) In the case of a cable service or video
5        service that is bundled or integrated functionally
6        with other services, capabilities, or applications,
7        the portion of the holder's revenue attributable to the
8        other services, capabilities, or applications shall be
9        included in gross revenue unless the holder can
10        reasonably identify the division or exclusion of the
11        revenue from its books and records that are kept in the
12        regular course of business.
13            (x) The service provider fee permitted by
14        subsection (b) of this Section.
15        (2) Gross revenues do not include any of the following:
16            (i) Revenues not actually received, even if
17        billed, such as bad debt, subject to item (vi) of
18        paragraph (1) of this subsection (c).
19            (ii) Refunds, discounts, or other price
20        adjustments that reduce the amount of gross revenues
21        received by the holder of the State-issued
22        authorization to the extent the refund, rebate,
23        credit, or discount is attributable to cable service or
24        video service.
25            (iii) Regardless of whether the services are
26        bundled, packaged, or functionally integrated with

 

 

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1        cable service or video service, any revenues received
2        from services not classified as cable service or video
3        service, including, without limitation, revenue
4        received from telecommunications services, information
5        services, or the provision of directory or Internet
6        advertising, including yellow pages, white pages,
7        banner advertisement, and electronic publishing, or
8        any other revenues attributed by the holder to noncable
9        service or nonvideo service in accordance with the
10        holder's books and records and records kept in the
11        regular course of business and any applicable laws,
12        rules, regulations, standards, or orders.
13            (iv) The sale of cable services or video services
14        for resale in which the purchaser is required to
15        collect the service provider fee from the purchaser's
16        subscribers to the extent the purchaser certifies in
17        writing that it will resell the service within the
18        local unit of government's jurisdiction and pay the fee
19        permitted by subsection (b) of this Section with
20        respect to the service.
21            (v) Any tax or fee of general applicability imposed
22        upon the subscribers or the transaction by a city,
23        State, federal, or any other governmental entity and
24        collected by the holder of the State-issued
25        authorization and required to be remitted to the taxing
26        entity, including sales and use taxes.

 

 

09900SB0096ham003- 93 -LRB099 04130 SXM 36223 a

1            (vi) Security deposits collected from subscribers.
2            (vii) Amounts paid by subscribers to "home
3        shopping" or similar vendors for merchandise sold
4        through any home shopping channel offered as part of
5        the cable service or video service.
6        (3) Revenue of an affiliate of a holder shall be
7    included in the calculation of gross revenues to the extent
8    the treatment of the revenue as revenue of the affiliate
9    rather than the holder has the effect of evading the
10    payment of the fee permitted by subsection (b) of this
11    Section which would otherwise be paid by the cable service
12    or video service.
13    (d)(1) Except for a holder providing cable service that is
14subject to the fee in subsection (i) of this Section, the
15holder shall pay to the local unit of government or the entity
16designated by that local unit of government to manage public,
17education, and government access, upon request as support for
18public, education, and government access, a fee equal to no
19less than (i) 1% of gross revenues or (ii) if greater, the
20percentage of gross revenues that incumbent cable operators pay
21to the local unit of government or its designee for public,
22education, and government access support in the local unit of
23government's jurisdiction. For purposes of item (ii) of
24paragraph (1) of this subsection (d), the percentage of gross
25revenues that all incumbent cable operators pay shall be equal
26to the annual sum of the payments that incumbent cable

 

 

09900SB0096ham003- 94 -LRB099 04130 SXM 36223 a

1operators in the service area are obligated to pay by
2franchises and agreements or by contracts with the local
3government designee for public, education and government
4access in effect on January 1, 2007, including the total of any
5lump sum payments required to be made over the term of each
6franchise or agreement divided by the number of years of the
7applicable term, divided by the annual sum of such incumbent
8cable operator's or operators' gross revenues during the
9immediately prior calendar year. The sum of payments includes
10any payments that an incumbent cable operator is required to
11pay pursuant to item (3) of subsection (c) of Section 21-301.
12    (2) A local unit of government may require all holders of a
13State-issued authorization and all cable operators franchised
14by that local unit of government on June 30, 2007 (the
15effective date of this Section) in the franchise area to
16provide to the local unit of government, or to the entity
17designated by that local unit of government to manage public,
18education, and government access, information sufficient to
19calculate the public, education, and government access
20equivalent fee and any credits under paragraph (1) of this
21subsection (d).
22    (3) The fee shall be due on a quarterly basis and paid 45
23days after the close of the calendar quarter. Each payment
24shall include a statement explaining the basis for the
25calculation of the fee. If mailed, the fee is considered paid
26on the date it is postmarked. The liability of the holder for

 

 

09900SB0096ham003- 95 -LRB099 04130 SXM 36223 a

1payment of the fee under this subsection shall commence on the
2same date as the payment of the service provider fee pursuant
3to subsection (b) of this Section.
4    (e) The holder may identify and collect the amount of the
5service provider fee as a separate line item on the regular
6bill of each subscriber.
7    (f) The holder may identify and collect the amount of the
8public, education, and government programming support fee as a
9separate line item on the regular bill of each subscriber.
10    (g) All determinations and computations under this Section
11shall be made pursuant to the definition of gross revenues set
12forth in this Section and shall be made pursuant to generally
13accepted accounting principles.
14    (h) Nothing contained in this Article shall be construed to
15exempt a holder from any tax that is or may later be imposed by
16the local unit of government, including any tax that is or may
17later be required to be paid by or through the holder with
18respect to cable service or video service. A State-issued
19authorization shall not affect any requirement of the holder
20with respect to payment of the local unit of government's
21simplified municipal telecommunications tax or any other tax as
22it applies to any telephone service provided by the holder. A
23State-issued authorization shall not affect any requirement of
24the holder with respect to payment of the local unit of
25government's 911 or E911 fees, taxes, or charges.
26    (i) Except for a municipality having a population of

 

 

09900SB0096ham003- 96 -LRB099 04130 SXM 36223 a

12,000,000 or more, the fee imposed under paragraph (1) of
2subsection (d) by a local unit of government against a holder
3who is a cable operator shall be as follows:
4        (1) the fee shall be collected and paid only for
5    capital costs that are considered lawful under Subchapter
6    VI of the federal Communications Act of 1934, as amended,
7    and as implemented by the Federal Communications
8    Commission;
9        (2) the local unit of government shall impose any fee
10    by ordinance; and
11        (3) the fee may not exceed 1% of gross revenue; if,
12    however, on the date that an incumbent cable operator files
13    an application under Section 21-401, the incumbent cable
14    operator is operating under a franchise agreement that
15    imposes a fee for support for capital costs for public,
16    education, and government access facilities obligations in
17    excess of 1% of gross revenue, then the cable operator
18    shall continue to provide support for capital costs for
19    public, education, and government access facilities
20    obligations at the rate stated in such agreement.
21(Source: P.A. 98-45, eff. 6-28-13.)
 
22    (220 ILCS 5/21-901)
23    (Section scheduled to be repealed on July 1, 2015)
24    Sec. 21-901. Audits.
25    (a) A holder that has received State-issued authorization

 

 

09900SB0096ham003- 97 -LRB099 04130 SXM 36223 a

1under this Article is subject to an audit of its service
2provider fees derived from the provision of cable or video
3services to subscribers within any part of the local unit of
4government which is located in the holder's service territory.
5Any such audit shall be conducted by the local unit of
6government or its agent for the sole purpose of determining any
7overpayment or underpayment of the holder's service provider
8fee to the local unit of government. Upon receiving notice
9under item (4) of subsection (e) of Section 21-401 of this Act
10that a holder has received State-issued authorization under
11this Article, a local unit of government shall notify the
12holder of the requirements it imposes on other cable service or
13video service providers in its jurisdiction to submit to an
14audit of its books and records. The holder shall comply with
15the same requirements the local unit of government imposes on
16other cable service or video service providers in its
17jurisdiction to audit the holder's books and records and to
18recompute any amounts determined to be payable under the
19requirements of the local unit of government. If all local
20franchises between the local unit of government and a cable
21operator terminate, the audit requirements shall be those
22adopted by the local government pursuant to the Local
23Government Taxpayers' Bill of Rights Act. No acceptance of
24amounts remitted should be construed as an accord that the
25amounts are correct.
26    (b) Beginning on or after the effective date of this

 

 

09900SB0096ham003- 98 -LRB099 04130 SXM 36223 a

1amendatory Act of the 99th General Assembly, any audit
2conducted pursuant to this Section by a local government shall
3be governed by Section 11-42-11.05 of the Illinois Municipal
4Code or Section 5-1095.1 of the Counties Code. Any additional
5amount due after an audit shall be paid within 30 days after
6the local unit of government's submission of an invoice for the
7sum.
8(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
 
9    (220 ILCS 5/21-1001)
10    (Section scheduled to be repealed on July 1, 2015)
11    Sec. 21-1001. Local unit of government authority.
12    (a) The holder of a State-issued authorization shall comply
13with all the applicable construction and technical standards
14and right-of-way occupancy standards set forth in a local unit
15of government's code of ordinances relating to the use of
16public rights-of-way, pole attachments, permit obligations,
17indemnification, performance bonds, penalties, or liquidated
18damages. The applicable requirements for a holder that is using
19its existing telecommunications network or constructing a
20telecommunications network shall be the same requirements that
21the local unit of government imposes on telecommunications
22providers in its jurisdiction. The applicable requirements for
23a holder that is using or constructing a cable system shall be
24the same requirements the local unit of government imposes on
25other cable operators in its jurisdiction.

 

 

09900SB0096ham003- 99 -LRB099 04130 SXM 36223 a

1    (b) A local unit of government shall allow the holder to
2install, construct, operate, maintain, and remove a cable
3service, video service, or telecommunications network within a
4public right-of-way and shall provide the holder with open,
5comparable, nondiscriminatory, and competitively neutral
6access to the public right-of-way on the same terms applicable
7to other cable service or video service providers or cable
8operators in its jurisdiction. Notwithstanding any other
9provisions of law, if a local unit of government is permitted
10by law to require the holder of a State authorization to seek a
11permit to install, construct, operate, maintain, or remove its
12cable service, video service, or telecommunications network
13within a public right-of-way, those permits shall be deemed
14granted within 45 days after being submitted, if not otherwise
15acted upon by the local unit of government, provided the holder
16complies with the requirements applicable to the holder in its
17jurisdiction.
18    (c) A local unit of government may impose reasonable terms,
19but it may not discriminate against the holder with respect to
20any of the following:
21        (1) The authorization or placement of a cable service,
22    video service, or telecommunications network or equipment
23    in public rights-of-way.
24        (2) Access to a building.
25        (3) A local unit of government utility pole attachment.
26    (d) If a local unit of government imposes a permit fee on

 

 

09900SB0096ham003- 100 -LRB099 04130 SXM 36223 a

1incumbent cable operators, it may impose a permit fee on the
2holder only to the extent it imposes such a fee on incumbent
3cable operators. In all other cases, these fees may not exceed
4the actual, direct costs incurred by the local unit of
5government for issuing the relevant permit. In no event may a
6fee under this Section be levied if the holder already has paid
7a permit fee of any kind in connection with the same activity
8that would otherwise be covered by the permit fee under this
9Section provided no additional equipment, work, function, or
10other burden is added to the existing activity for which the
11permit was issued.
12    (e) Nothing in this Article shall affect the rights that
13any holder has under Section 4 of the Telephone Line Right of
14Way Act (220 ILCS 65/4).
15    (f) In addition to the other requirements in this Section,
16if the holder installs, upgrades, constructs, operates,
17maintains, and removes facilities or equipment within a public
18right-of-way to provide cable service or video service, it
19shall comply with the following:
20        (1) The holder must locate its equipment in the
21    right-of-way as to cause only minimum interference with the
22    use of streets, alleys, and other public ways and places,
23    and to cause only minimum impact upon and interference with
24    the rights and reasonable convenience of property owners
25    who adjoin any of the said streets, alleys, or other public
26    ways. No fixtures shall be placed in any public ways in

 

 

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1    such a manner to interfere with the usual travel on such
2    public ways, nor shall such fixtures or equipment limit the
3    visibility of vehicular or pedestrian traffic, or both.
4        (2) The holder shall comply with a local unit of
5    government's reasonable requests to place equipment on
6    public property where possible and promptly comply with
7    local unit of government direction with respect to the
8    location and screening of equipment and facilities. In
9    constructing or upgrading its cable or video network in the
10    right-of-way, the holder shall use the smallest suitable
11    equipment enclosures and power pedestals and cabinets then
12    in use by the holder for the application.
13        (3) The holder's construction practices shall be in
14    accordance with all applicable Sections of the
15    Occupational Safety and Health Act of 1970, as amended, as
16    well as all applicable State laws, including the Civil
17    Administrative Code of Illinois, and local codes, where
18    applicable, as adopted by the local unit of government. All
19    installation of electronic equipment shall be of a
20    permanent nature, durable, and, where applicable,
21    installed in accordance with the provisions of the National
22    Electrical Safety Code of the National Bureau of Standards
23    and National Electrical Code of the National Board of Fire
24    Underwriters.
25        (4) The holder shall not interfere with the local unit
26    of government's performance of public works. Nothing in the

 

 

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1    State-issued authorization shall be in preference or
2    hindrance to the right of the local unit of government to
3    perform or carry on any public works or public improvements
4    of any kind. The holder expressly agrees that it shall, at
5    its own expense, protect, support, temporarily disconnect,
6    relocate in the same street or other public place, or
7    remove from such street or other public place any of the
8    network, system, facilities, or equipment when required to
9    do so by the local unit of government because of necessary
10    public health, safety, and welfare improvements. In the
11    event a holder and other users of a public right-of-way,
12    including incumbent cable operators or utilities, are
13    required to relocate and compensation is paid to the users
14    of such public right-of-way, such parties shall be treated
15    equally with respect to such compensation.
16        (5) The holder shall comply with all local units of
17    government inspection requirements. The making of
18    post-construction, subsequent or periodic inspections, or
19    both, or the failure to do so shall not operate to relieve
20    the holder of any responsibility, obligation, or
21    liability.
22        (6) The holder shall maintain insurance or provide
23    evidence of self insurance as required by an applicable
24    ordinance of the local unit of government.
25        (7) The holder shall reimburse all reasonable
26    make-ready expenses, including aerial and underground

 

 

09900SB0096ham003- 103 -LRB099 04130 SXM 36223 a

1    installation expenses requested by the holder to the local
2    unit of government within 30 days of billing to the holder,
3    provided that such charges shall be at the same rates as
4    charges to others for the same or similar services.
5        (8) The holder shall indemnify and hold harmless the
6    local unit of government and all boards, officers,
7    employees, and representatives thereof from all claims,
8    demands, causes of action, liability, judgments, costs and
9    expenses, or losses for injury or death to persons or
10    damage to property owned by, and Worker's Compensation
11    claims against any parties indemnified herein, arising out
12    of, caused by, or as a result of the holder's construction,
13    lines, cable, erection, maintenance, use or presence of, or
14    removal of any poles, wires, conduit, appurtenances
15    thereto, or equipment or attachments thereto. The holder,
16    however, shall not indemnify the local unit of government
17    for any liabilities, damages, cost, and expense resulting
18    from the willful misconduct, or negligence of the local
19    unit of government, its officers, employees, and agents.
20    The obligations imposed pursuant to this Section by a local
21    unit of government shall be competitively neutral.
22        (9) The holder, upon request, shall provide the local
23    unit of government with information describing the
24    location of the cable service or video service facilities
25    and equipment located in the unit of local government's
26    rights-of-way pursuant to its State-issued authorization.

 

 

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1    If designated by the holder as confidential, such
2    information provided pursuant to this subsection shall be
3    exempt from inspection and copying under the Illinois
4    Freedom of Information Act pursuant to the exemption
5    provided for under provision (mm) of item (1) of Section 7
6    of the Freedom of Information Act and any other present or
7    future exemptions applicable to such information and shall
8    not be disclosed by the unit of local government to any
9    third party without the written consent of the holder.
10(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
 
11    (220 ILCS 5/21-1601)
12    Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of
13this Article are repealed July 1, 2017 2015.
14(Source: P.A. 98-45, eff. 6-28-13.)
 
15
ARTICLE II

 
16    Section 2-1. The Department of Central Management Services
17Law of the Civil Administrative Code of Illinois is amended by
18changing Section 405-270 as follows:
 
19    (20 ILCS 405/405-270)  (was 20 ILCS 405/67.18)
20    Sec. 405-270. Communications services. To provide for and
21co-ordinate communications services for State agencies and,
22when requested and when in the best interests of the State, for

 

 

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1units of federal or local governments and public and
2not-for-profit institutions of primary, secondary, and higher
3education. The Department may make use of its satellite uplink
4available to interested parties not associated with State
5government provided that State government usage shall have
6first priority. For this purpose the Department shall have the
7power and duty to do all of the following:
8        (1) Provide for and control the procurement,
9    retention, installation, and maintenance of communications
10    equipment or services used by State agencies in the
11    interest of efficiency and economy.
12        (2) Establish standards by January 1, 1989 for
13    communications services for State agencies which shall
14    include a minimum of one telecommunication device for the
15    deaf installed and operational within each State agency, to
16    provide public access to agency information for those
17    persons who are hearing or speech impaired. The Department
18    shall consult the Department of Human Services to develop
19    standards and implementation for this equipment.
20        (3) Establish charges (i) for communication services
21    for State agencies and, when requested, for units of
22    federal or local government and public and not-for-profit
23    institutions of primary, secondary, or higher education
24    and (ii) for use of the Department's satellite uplink by
25    parties not associated with State government. Entities
26    charged for these services shall reimburse the Department.

 

 

09900SB0096ham003- 106 -LRB099 04130 SXM 36223 a

1        (4) Instruct all State agencies to report their usage
2    of communication services regularly to the Department in
3    the manner the Director may prescribe.
4        (5) Analyze the present and future aims and needs of
5    all State agencies in the area of communications services
6    and plan to serve those aims and needs in the most
7    effective and efficient manner.
8        (6) Provide services, including, but not limited to,
9    telecommunications, video recording, satellite uplink,
10    public information, and other communications services.
11        (7) Establish the administrative organization within
12    the Department that is required to accomplish the purpose
13    of this Section.
14    The Department is authorized to conduct a study for the
15purpose of determining technical, engineering, and management
16specifications for the networking, compatible connection, or
17shared use of existing and future public and private owned
18television broadcast and reception facilities, including but
19not limited to terrestrial microwave, fiber optic, and
20satellite, for broadcast and reception of educational,
21governmental, and business programs, and to implement those
22specifications.
23    However, the Department may not control or interfere with
24the input of content into the telecommunications systems by the
25several State agencies or units of federal or local government,
26or public or not-for-profit institutions of primary,

 

 

09900SB0096ham003- 107 -LRB099 04130 SXM 36223 a

1secondary, and higher education, or users of the Department's
2satellite uplink.
3    As used in this Section, the term "State agencies" means
4all departments, officers, commissions, boards, institutions,
5and bodies politic and corporate of the State except (i) the
6judicial branch, including, without limitation, the several
7courts of the State, the offices of the clerk of the supreme
8court and the clerks of the appellate court, and the
9Administrative Office of the Illinois Courts and (ii) the
10General Assembly, legislative service agencies, and all
11officers of the General Assembly.
12    This Section does not apply to the procurement of Next
13Generation 9-1-1 service as governed by Section 15.6b of the
14Emergency Telephone System Act.
15(Source: P.A. 94-91, eff. 7-1-05; 94-295, eff. 7-21-05; 95-331,
16eff. 8-21-07.)
 
17    Section 2-3. The Illinois Administrative Procedure Act is
18amended by changing Section 5-45 as follows:
 
19    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
20    Sec. 5-45. Emergency rulemaking.
21    (a) "Emergency" means the existence of any situation that
22any agency finds reasonably constitutes a threat to the public
23interest, safety, or welfare.
24    (b) If any agency finds that an emergency exists that

 

 

09900SB0096ham003- 108 -LRB099 04130 SXM 36223 a

1requires adoption of a rule upon fewer days than is required by
2Section 5-40 and states in writing its reasons for that
3finding, the agency may adopt an emergency rule without prior
4notice or hearing upon filing a notice of emergency rulemaking
5with the Secretary of State under Section 5-70. The notice
6shall include the text of the emergency rule and shall be
7published in the Illinois Register. Consent orders or other
8court orders adopting settlements negotiated by an agency may
9be adopted under this Section. Subject to applicable
10constitutional or statutory provisions, an emergency rule
11becomes effective immediately upon filing under Section 5-65 or
12at a stated date less than 10 days thereafter. The agency's
13finding and a statement of the specific reasons for the finding
14shall be filed with the rule. The agency shall take reasonable
15and appropriate measures to make emergency rules known to the
16persons who may be affected by them.
17    (c) An emergency rule may be effective for a period of not
18longer than 150 days, but the agency's authority to adopt an
19identical rule under Section 5-40 is not precluded. No
20emergency rule may be adopted more than once in any 24 month
21period, except that this limitation on the number of emergency
22rules that may be adopted in a 24 month period does not apply
23to (i) emergency rules that make additions to and deletions
24from the Drug Manual under Section 5-5.16 of the Illinois
25Public Aid Code or the generic drug formulary under Section
263.14 of the Illinois Food, Drug and Cosmetic Act, (ii)

 

 

09900SB0096ham003- 109 -LRB099 04130 SXM 36223 a

1emergency rules adopted by the Pollution Control Board before
2July 1, 1997 to implement portions of the Livestock Management
3Facilities Act, (iii) emergency rules adopted by the Illinois
4Department of Public Health under subsections (a) through (i)
5of Section 2 of the Department of Public Health Act when
6necessary to protect the public's health, (iv) emergency rules
7adopted pursuant to subsection (n) of this Section, (v)
8emergency rules adopted pursuant to subsection (o) of this
9Section, or (vi) emergency rules adopted pursuant to subsection
10(c-5) of this Section. Two or more emergency rules having
11substantially the same purpose and effect shall be deemed to be
12a single rule for purposes of this Section.
13    (c-5) To facilitate the maintenance of the program of group
14health benefits provided to annuitants, survivors, and retired
15employees under the State Employees Group Insurance Act of
161971, rules to alter the contributions to be paid by the State,
17annuitants, survivors, retired employees, or any combination
18of those entities, for that program of group health benefits,
19shall be adopted as emergency rules. The adoption of those
20rules shall be considered an emergency and necessary for the
21public interest, safety, and welfare.
22    (d) In order to provide for the expeditious and timely
23implementation of the State's fiscal year 1999 budget,
24emergency rules to implement any provision of Public Act 90-587
25or 90-588 or any other budget initiative for fiscal year 1999
26may be adopted in accordance with this Section by the agency

 

 

09900SB0096ham003- 110 -LRB099 04130 SXM 36223 a

1charged with administering that provision or initiative,
2except that the 24-month limitation on the adoption of
3emergency rules and the provisions of Sections 5-115 and 5-125
4do not apply to rules adopted under this subsection (d). The
5adoption of emergency rules authorized by this subsection (d)
6shall be deemed to be necessary for the public interest,
7safety, and welfare.
8    (e) In order to provide for the expeditious and timely
9implementation of the State's fiscal year 2000 budget,
10emergency rules to implement any provision of this amendatory
11Act of the 91st General Assembly or any other budget initiative
12for fiscal year 2000 may be adopted in accordance with this
13Section by the agency charged with administering that provision
14or initiative, except that the 24-month limitation on the
15adoption of emergency rules and the provisions of Sections
165-115 and 5-125 do not apply to rules adopted under this
17subsection (e). The adoption of emergency rules authorized by
18this subsection (e) shall be deemed to be necessary for the
19public interest, safety, and welfare.
20    (f) In order to provide for the expeditious and timely
21implementation of the State's fiscal year 2001 budget,
22emergency rules to implement any provision of this amendatory
23Act of the 91st General Assembly or any other budget initiative
24for fiscal year 2001 may be adopted in accordance with this
25Section by the agency charged with administering that provision
26or initiative, except that the 24-month limitation on the

 

 

09900SB0096ham003- 111 -LRB099 04130 SXM 36223 a

1adoption of emergency rules and the provisions of Sections
25-115 and 5-125 do not apply to rules adopted under this
3subsection (f). The adoption of emergency rules authorized by
4this subsection (f) shall be deemed to be necessary for the
5public interest, safety, and welfare.
6    (g) In order to provide for the expeditious and timely
7implementation of the State's fiscal year 2002 budget,
8emergency rules to implement any provision of this amendatory
9Act of the 92nd General Assembly or any other budget initiative
10for fiscal year 2002 may be adopted in accordance with this
11Section by the agency charged with administering that provision
12or initiative, except that the 24-month limitation on the
13adoption of emergency rules and the provisions of Sections
145-115 and 5-125 do not apply to rules adopted under this
15subsection (g). The adoption of emergency rules authorized by
16this subsection (g) shall be deemed to be necessary for the
17public interest, safety, and welfare.
18    (h) In order to provide for the expeditious and timely
19implementation of the State's fiscal year 2003 budget,
20emergency rules to implement any provision of this amendatory
21Act of the 92nd General Assembly or any other budget initiative
22for fiscal year 2003 may be adopted in accordance with this
23Section by the agency charged with administering that provision
24or initiative, except that the 24-month limitation on the
25adoption of emergency rules and the provisions of Sections
265-115 and 5-125 do not apply to rules adopted under this

 

 

09900SB0096ham003- 112 -LRB099 04130 SXM 36223 a

1subsection (h). The adoption of emergency rules authorized by
2this subsection (h) shall be deemed to be necessary for the
3public interest, safety, and welfare.
4    (i) In order to provide for the expeditious and timely
5implementation of the State's fiscal year 2004 budget,
6emergency rules to implement any provision of this amendatory
7Act of the 93rd General Assembly or any other budget initiative
8for fiscal year 2004 may be adopted in accordance with this
9Section by the agency charged with administering that provision
10or initiative, except that the 24-month limitation on the
11adoption of emergency rules and the provisions of Sections
125-115 and 5-125 do not apply to rules adopted under this
13subsection (i). The adoption of emergency rules authorized by
14this subsection (i) shall be deemed to be necessary for the
15public interest, safety, and welfare.
16    (j) In order to provide for the expeditious and timely
17implementation of the provisions of the State's fiscal year
182005 budget as provided under the Fiscal Year 2005 Budget
19Implementation (Human Services) Act, emergency rules to
20implement any provision of the Fiscal Year 2005 Budget
21Implementation (Human Services) Act may be adopted in
22accordance with this Section by the agency charged with
23administering that provision, except that the 24-month
24limitation on the adoption of emergency rules and the
25provisions of Sections 5-115 and 5-125 do not apply to rules
26adopted under this subsection (j). The Department of Public Aid

 

 

09900SB0096ham003- 113 -LRB099 04130 SXM 36223 a

1may also adopt rules under this subsection (j) necessary to
2administer the Illinois Public Aid Code and the Children's
3Health Insurance Program Act. The adoption of emergency rules
4authorized by this subsection (j) shall be deemed to be
5necessary for the public interest, safety, and welfare.
6    (k) In order to provide for the expeditious and timely
7implementation of the provisions of the State's fiscal year
82006 budget, emergency rules to implement any provision of this
9amendatory Act of the 94th General Assembly or any other budget
10initiative for fiscal year 2006 may be adopted in accordance
11with this Section by the agency charged with administering that
12provision or initiative, except that the 24-month limitation on
13the adoption of emergency rules and the provisions of Sections
145-115 and 5-125 do not apply to rules adopted under this
15subsection (k). The Department of Healthcare and Family
16Services may also adopt rules under this subsection (k)
17necessary to administer the Illinois Public Aid Code, the
18Senior Citizens and Disabled Persons Property Tax Relief Act,
19the Senior Citizens and Disabled Persons Prescription Drug
20Discount Program Act (now the Illinois Prescription Drug
21Discount Program Act), and the Children's Health Insurance
22Program Act. The adoption of emergency rules authorized by this
23subsection (k) shall be deemed to be necessary for the public
24interest, safety, and welfare.
25    (l) In order to provide for the expeditious and timely
26implementation of the provisions of the State's fiscal year

 

 

09900SB0096ham003- 114 -LRB099 04130 SXM 36223 a

12007 budget, the Department of Healthcare and Family Services
2may adopt emergency rules during fiscal year 2007, including
3rules effective July 1, 2007, in accordance with this
4subsection to the extent necessary to administer the
5Department's responsibilities with respect to amendments to
6the State plans and Illinois waivers approved by the federal
7Centers for Medicare and Medicaid Services necessitated by the
8requirements of Title XIX and Title XXI of the federal Social
9Security Act. The adoption of emergency rules authorized by
10this subsection (l) shall be deemed to be necessary for the
11public interest, safety, and welfare.
12    (m) In order to provide for the expeditious and timely
13implementation of the provisions of the State's fiscal year
142008 budget, the Department of Healthcare and Family Services
15may adopt emergency rules during fiscal year 2008, including
16rules effective July 1, 2008, in accordance with this
17subsection to the extent necessary to administer the
18Department's responsibilities with respect to amendments to
19the State plans and Illinois waivers approved by the federal
20Centers for Medicare and Medicaid Services necessitated by the
21requirements of Title XIX and Title XXI of the federal Social
22Security Act. The adoption of emergency rules authorized by
23this subsection (m) shall be deemed to be necessary for the
24public interest, safety, and welfare.
25    (n) In order to provide for the expeditious and timely
26implementation of the provisions of the State's fiscal year

 

 

09900SB0096ham003- 115 -LRB099 04130 SXM 36223 a

12010 budget, emergency rules to implement any provision of this
2amendatory Act of the 96th General Assembly or any other budget
3initiative authorized by the 96th General Assembly for fiscal
4year 2010 may be adopted in accordance with this Section by the
5agency charged with administering that provision or
6initiative. The adoption of emergency rules authorized by this
7subsection (n) shall be deemed to be necessary for the public
8interest, safety, and welfare. The rulemaking authority
9granted in this subsection (n) shall apply only to rules
10promulgated during Fiscal Year 2010.
11    (o) In order to provide for the expeditious and timely
12implementation of the provisions of the State's fiscal year
132011 budget, emergency rules to implement any provision of this
14amendatory Act of the 96th General Assembly or any other budget
15initiative authorized by the 96th General Assembly for fiscal
16year 2011 may be adopted in accordance with this Section by the
17agency charged with administering that provision or
18initiative. The adoption of emergency rules authorized by this
19subsection (o) is deemed to be necessary for the public
20interest, safety, and welfare. The rulemaking authority
21granted in this subsection (o) applies only to rules
22promulgated on or after the effective date of this amendatory
23Act of the 96th General Assembly through June 30, 2011.
24    (p) In order to provide for the expeditious and timely
25implementation of the provisions of Public Act 97-689,
26emergency rules to implement any provision of Public Act 97-689

 

 

09900SB0096ham003- 116 -LRB099 04130 SXM 36223 a

1may be adopted in accordance with this subsection (p) by the
2agency charged with administering that provision or
3initiative. The 150-day limitation of the effective period of
4emergency rules does not apply to rules adopted under this
5subsection (p), and the effective period may continue through
6June 30, 2013. The 24-month limitation on the adoption of
7emergency rules does not apply to rules adopted under this
8subsection (p). The adoption of emergency rules authorized by
9this subsection (p) is deemed to be necessary for the public
10interest, safety, and welfare.
11    (q) In order to provide for the expeditious and timely
12implementation of the provisions of Articles 7, 8, 9, 11, and
1312 of this amendatory Act of the 98th General Assembly,
14emergency rules to implement any provision of Articles 7, 8, 9,
1511, and 12 of this amendatory Act of the 98th General Assembly
16may be adopted in accordance with this subsection (q) by the
17agency charged with administering that provision or
18initiative. The 24-month limitation on the adoption of
19emergency rules does not apply to rules adopted under this
20subsection (q). The adoption of emergency rules authorized by
21this subsection (q) is deemed to be necessary for the public
22interest, safety, and welfare.
23    (r) In order to provide for the expeditious and timely
24implementation of the provisions of this amendatory Act of the
2598th General Assembly, emergency rules to implement this
26amendatory Act of the 98th General Assembly may be adopted in

 

 

09900SB0096ham003- 117 -LRB099 04130 SXM 36223 a

1accordance with this subsection (r) by the Department of
2Healthcare and Family Services. The 24-month limitation on the
3adoption of emergency rules does not apply to rules adopted
4under this subsection (r). The adoption of emergency rules
5authorized by this subsection (r) is deemed to be necessary for
6the public interest, safety, and welfare.
7    (s) In order to provide for the expeditious and timely
8implementation of the provisions of Sections 5-5b.1 and 5A-2 of
9the Illinois Public Aid Code, emergency rules to implement any
10provision of Section 5-5b.1 or Section 5A-2 of the Illinois
11Public Aid Code may be adopted in accordance with this
12subsection (s) by the Department of Healthcare and Family
13Services. The rulemaking authority granted in this subsection
14(s) shall apply only to those rules adopted prior to July 1,
152015. Notwithstanding any other provision of this Section, any
16emergency rule adopted under this subsection (s) shall only
17apply to payments made for State fiscal year 2015. The adoption
18of emergency rules authorized by this subsection (s) is deemed
19to be necessary for the public interest, safety, and welfare.
20    (t) In order to provide for the expeditious and timely
21implementation of the provisions of Article II of this
22amendatory Act of the 99th General Assembly, emergency rules to
23implement the changes made by Article II of this amendatory Act
24of the 99th General Assembly to the Emergency Telephone System
25Act may be adopted in accordance with this subsection (t) by
26the Department of State Police. The rulemaking authority

 

 

09900SB0096ham003- 118 -LRB099 04130 SXM 36223 a

1granted in this subsection (t) shall apply only to those rules
2adopted prior to July 1, 2016. The 24-month limitation on the
3adoption of emergency rules does not apply to rules adopted
4under this subsection (t). The adoption of emergency rules
5authorized by this subsection (t) is deemed to be necessary for
6the public interest, safety, and welfare.
7(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
898-651, eff. 6-16-14; 99-2, eff. 3-26-15.)
 
9    Section 2-5. The State Finance Act is amended by changing
10Section 5.529 as follows:
 
11    (30 ILCS 105/5.529)
12    Sec. 5.529. The Statewide 9-1-1 Wireless Service Emergency
13Fund.
14(Source: P.A. 91-660, eff. 12-22-99; 92-16, eff. 6-28-01.)
 
15    Section 2-10. The Emergency Telephone System Act is amended
16by changing Sections 2, 3, 4, 6, 6.1, 7, 8, 10, 10.2, 11, 12,
1715, 15.1, 15.4, 15.5, 15.6, 15.7, and 15.8 and by adding
18Sections 15.2c, 15.3a, 15.4a, 15.4b, 15.6a, 15.6b, 20, 30, 35,
1940, 45, 50, 55, and 60 as follows:
 
20    (50 ILCS 750/2)  (from Ch. 134, par. 32)
21    Sec. 2. Definitions. As used in this Act, unless the
22context otherwise requires:

 

 

09900SB0096ham003- 119 -LRB099 04130 SXM 36223 a

1    "9-1-1 system" means the geographic area that has been
2granted an order of authority by the Commission or the
3Statewide 9-1-1 Administrator to use "9-1-1" as the primary
4emergency telephone number.
5    "9-1-1 Authority" includes an Emergency Telephone System
6Board, Joint Emergency Telephone System Board, and a qualified
7governmental entity. "9-1-1 Authority" includes the Department
8of State Police only to the extent it provides 9-1-1 services
9under this Act.
10    "Administrator" means the Statewide 9-1-1 Administrator.
11    "Advanced service" means any telecommunications service
12with dynamic bandwidth allocation, including, but not limited
13to, ISDN Primary Rate Interface (PRI), that, through the use of
14a DS-1, T-1, or similar un-channelized or multi-channel
15transmission facility, is capable of transporting either the
16subscriber's inter-premises voice telecommunications services
17to the public switched network or the subscriber's 9-1-1 calls
18to the public agency.
19    "ALI" or "automatic location identification" means, in an
20E9-1-1 system, the automatic display at the public safety
21answering point of the caller's telephone number, the address
22or location of the telephone, and supplementary emergency
23services information.
24    "ANI" or "automatic number identification" means the
25automatic display of the 9-1-1 calling party's number on the
26PSAP monitor.

 

 

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1    "Automatic alarm" and "automatic alerting device" mean any
2device that will access the 9-1-1 system for emergency services
3upon activation.
4    "Board" means an Emergency Telephone System Board or a
5Joint Emergency Telephone System Board created pursuant to
6Section 15.4.
7    "Carrier" includes a telecommunications carrier and a
8wireless carrier.
9    "Commission" means the Illinois Commerce Commission.
10    "Computer aided dispatch" or "CAD" means a database
11maintained by the public safety agency or public safety
12answering point used in conjunction with 9-1-1 caller data.
13    "Direct dispatch method" means a 9-1-1 service that
14provides for the direct dispatch by a PSAP telecommunicator of
15the appropriate unit upon receipt of an emergency call and the
16decision as to the proper action to be taken.
17    "Department" means the Department of State Police.
18    "DS-1, T-1, or similar un-channelized or multi-channel
19transmission facility" means a facility that can transmit and
20receive a bit rate of at least 1.544 megabits per second
21(Mbps).
22    "Dynamic bandwidth allocation" means the ability of the
23facility or customer to drop and add channels, or adjust
24bandwidth, when needed in real time for voice or data purposes.
25    "Enhanced 9-1-1" or "E9-1-1" means an emergency telephone
26system that includes dedicated network, selective routing,

 

 

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1database, ALI, ANI, selective transfer, fixed transfer, and a
2call back number.
3    "ETSB" means an emergency telephone system board appointed
4by the corporate authorities of any county or municipality that
5provides for the management and operation of a 9-1-1 system.
6    "Hearing-impaired individual" means a person with a
7permanent hearing loss who can regularly and routinely
8communicate by telephone only through the aid of devices which
9can send and receive written messages over the telephone
10network.
11    "Hosted supplemental 9-1-1 service" means a database
12service that:
13        (1) electronically provides information to 9-1-1 call
14    takers when a call is placed to 9-1-1;
15        (2) allows telephone subscribers to provide
16    information to 9-1-1 to be used in emergency scenarios;
17        (3) collects a variety of formatted data relevant to
18    9-1-1 and first responder needs, which may include, but is
19    not limited to, photographs of the telephone subscribers,
20    physical descriptions, medical information, household
21    data, and emergency contacts;
22        (4) allows for information to be entered by telephone
23    subscribers through a secure website where they can elect
24    to provide as little or as much information as they choose;
25        (5) automatically displays data provided by telephone
26    subscribers to 9-1-1 call takers for all types of

 

 

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1    telephones when a call is placed to 9-1-1 from a registered
2    and confirmed phone number;
3        (6) supports the delivery of telephone subscriber
4    information through a secure internet connection to all
5    emergency telephone system boards;
6        (7) works across all 9-1-1 call taking equipment and
7    allow for the easy transfer of information into a computer
8    aided dispatch system; and
9        (8) may be used to collect information pursuant to an
10    Illinois Premise Alert Program as defined in the Illinois
11    Premise Alert Program (PAP) Act.
12    "Interconnected voice over Internet protocol provider" or
13"Interconnected VoIP provider," has the meaning given to that
14term under Section 13-235 of the Public Utilities Act.
15    "Joint ETSB" means a Joint Emergency Telephone System Board
16established by intergovernmental agreement of two or more
17municipalities or counties, or a combination thereof, to
18provide for the management and operation of a 9-1-1 system.
19    "Local public agency" means any unit of local government or
20special purpose district located in whole or in part within
21this State that provides or has authority to provide
22firefighting, police, ambulance, medical, or other emergency
23services.
24    "Mechanical dialer" means any device that either manually
25or remotely triggers a dialing device to access the 9-1-1
26system.

 

 

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1    "Master Street Address Guide" means the computerized
2geographical database that consists of all street and address
3data within a 9-1-1 system.
4    "Mobile telephone number" or "MTN" means the telephone
5number assigned to a wireless telephone at the time of initial
6activation.
7    "Network connections" means the number of voice grade
8communications channels directly between a subscriber and a
9telecommunications carrier's public switched network, without
10the intervention of any other telecommunications carrier's
11switched network, which would be required to carry the
12subscriber's inter-premises traffic and which connection
13either (1) is capable of providing access through the public
14switched network to a 9-1-1 Emergency Telephone System, if one
15exists, or (2) if no system exists at the time a surcharge is
16imposed under Section 15.3, that would be capable of providing
17access through the public switched network to the local 9-1-1
18Emergency Telephone System if one existed. Where multiple voice
19grade communication channels are connected to a
20telecommunications carrier's public switched network through a
21private branch exchange (PBX) service, there shall be
22determined to be one network connection for each trunk line
23capable of transporting either the subscriber's inter-premises
24traffic to the public switched network or the subscriber's
259-1-1 calls to the public agency. Where multiple voice grade
26communication channels are connected to a telecommunications

 

 

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1carrier's public switched network through centrex type
2service, the number of network connections shall be equal to
3the number of PBX trunk equivalents for the subscriber's
4service, as determined by reference to any generally applicable
5exchange access service tariff filed by the subscriber's
6telecommunications carrier with the Commission.
7    "Network costs" means those recurring costs that that
8directly relate to the operation of the 9-1-1 network as
9determined by the Statewide 9-1-1 Advisory Board, including,
10but not limited to, costs for interoffice trunks, selective
11routing charges, transfer lines and toll charges for 9-1-1
12services, Automatic Location Information (ALI) database
13charges, call box trunk circuit (including central office only
14and not including extensions to fire stations), independent
15local exchange carrier charges and non-system provider
16charges, carrier charge for third party database for on-site
17customer premises equipment, back-up PSAP trunks for
18non-system providers, periodic database updates as provided by
19carrier (also known as "ALI data dump"), regional ALI storage
20charges, circuits for call delivery (fiber or circuit
21connection), NG9-1-1 costs, and all associated fees, taxes, and
22surcharges on each invoice. "Network costs" shall not include
23radio circuits, or toll charges that are other than for 9-1-1
24services.
25    "Next generation 9-1-1" or "NG9-1-1" means an Internet
26Protocol-based (IP-based) system comprised of managed ESInets,

 

 

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1functional elements and applications, and databases that
2replicate traditional E9-1-1 features and functions and
3provide additional capabilities. "NG9-1-1" systems are
4designed to provide access to emergency services from all
5connected communications sources, and provide multimedia data
6capabilities for PSAPs and other emergency services
7organizations.
8    "NG9-1-1 costs" means those recurring costs that that
9directly relate to the Next Generation 9-1-1 service as
10determined by the Statewide 9-1-1 Advisory Board, including,
11but not limited to, costs for Emergency System Routing Proxy
12(ESRP), Emergency Call Routing Function/Location Validation
13Function (ECRF/LVF), Spatial Information Function (SIF), the
14Border Control Function (BCF), and the Emergency Services
15Internet Protocol networks (ESInets), legacy network gateways,
16and all associated fees, taxes, and surcharges on each invoice.
17    "Private branch exchange" or "PBX" means a private
18telephone system and associated equipment located on the user's
19property that provides communications between internal
20stations and external networks.
21    "Private business switch service" means a
22telecommunications service including centrex type service and
23PBX service, even though key telephone systems or equivalent
24telephone systems registered with the Federal Communications
25Commission under 47 C.F.R. Part 68 are directly connected to
26centrex type and PBX systems providing 9-1-1 services equipped

 

 

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1for switched local network connections or 9-1-1 system access
2to business end users through a private telephone switch.
3    "Private business switch service" does not include key
4telephone systems or equivalent telephone systems registered
5with the Federal Communications Commission under 47 C.F.R. Part
668 when not used in conjunction with centrex type and PBX
7systems. "Private business switch service" typically includes,
8but is not limited to, private businesses, corporations, and
9industries where the telecommunications service is primarily
10for conducting business.
11    "Private residential switch service" means a
12telecommunications service including centrex type service and
13PBX service, even though key telephone systems or equivalent
14telephone systems registered with the Federal Communications
15Commission under 47 C.F.R. Part 68 are directly connected to
16centrex type and PBX systems providing 9-1-1 services equipped
17for switched local network connections or 9-1-1 system access
18to residential end users through a private telephone switch.
19"Private residential switch service" does not include key
20telephone systems or equivalent telephone systems registered
21with the Federal Communications Commission under 47 C.F.R. Part
2268 when not used in conjunction with centrex type and PBX
23systems. "Private residential switch service" typically
24includes, but is not limited to, apartment complexes,
25condominiums, and campus or university environments where
26shared tenant service is provided and where the usage of the

 

 

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1telecommunications service is primarily residential.
2    "Public agency" means the State, and any unit of local
3government or special purpose district located in whole or in
4part within this State, that provides or has authority to
5provide firefighting, police, ambulance, medical, or other
6emergency services.
7    "Public safety agency" means a functional division of a
8public agency that provides firefighting, police, medical, or
9other emergency services. For the purpose of providing wireless
10service to users of 9-1-1 emergency services, as expressly
11provided for in this Act, the Department of State Police may be
12considered a public safety agency.
13    "Public safety answering point" or "PSAP" means the initial
14answering location of an emergency call.
15    "Qualified governmental entity" means a unit of local
16government authorized to provide 9-1-1 services pursuant to
17this Act where no emergency telephone system board exists.
18    "Referral method" means a 9-1-1 service in which the PSAP
19telecommunicator provides the calling party with the telephone
20number of the appropriate public safety agency or other
21provider of emergency services.
22    "Regular service" means any telecommunications service,
23other than advanced service, that is capable of transporting
24either the subscriber's inter-premises voice
25telecommunications services to the public switched network or
26the subscriber's 9-1-1 calls to the public agency.

 

 

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1    "Relay method" means a 9-1-1 service in which the PSAP
2telecommunicator takes the pertinent information from a caller
3and relays that information to the appropriate public safety
4agency or other provider of emergency services.
5    "Remit period" means the billing period, one month in
6duration, for which a wireless carrier remits a surcharge and
7provides subscriber information by zip code to the Department,
8in accordance with Section 20 of this Act.
9    "Statewide wireless emergency 9-1-1 system" means all
10areas of the State where an emergency telephone system board
11or, in the absence of an emergency telephone system board, a
12qualified governmental entity, has not declared its intention
13for one or more of its public safety answering points to serve
14as a primary wireless 9-1-1 public safety answering point for
15its jurisdiction. The operator of the statewide wireless
16emergency 9-1-1 system shall be the Department of State Police.
17    "System" means the communications equipment and related
18software applications required to produce a response by the
19appropriate emergency public safety agency or other provider of
20emergency services as a result of an emergency call being
21placed to 9-1-1.
22    "System provider" means the contracted entity providing
239-1-1 network and database services.
24    "Telecommunications carrier" means those entities included
25within the definition specified in Section 13-202 of the Public
26Utilities Act, and includes those carriers acting as resellers

 

 

09900SB0096ham003- 129 -LRB099 04130 SXM 36223 a

1of telecommunications services. "Telecommunications carrier"
2includes telephone systems operating as mutual concerns.
3"Telecommunications carrier" does not include a wireless
4carrier.
5    "Telecommunications technology" means equipment that can
6send and receive written messages over the telephone network.
7    "Transfer method" means a 9-1-1 service in which the PSAP
8telecommunicator receiving a call transfers that call to the
9appropriate public safety agency or other provider of emergency
10services.
11    "Transmitting messages" shall have the meaning given to
12that term under Section 8-11-2 of the Illinois Municipal Code.
13    "Trunk line" means a transmission path, or group of
14transmission paths, connecting a subscriber's PBX to a
15telecommunications carrier's public switched network. In the
16case of regular service, each voice grade communications
17channel or equivalent amount of bandwidth capable of
18transporting either the subscriber's inter-premises voice
19telecommunications services to the public switched network or
20the subscriber's 9-1-1 calls to the public agency shall be
21considered a trunk line, even if it is bundled with other
22channels or additional bandwidth. In the case of advanced
23service, each DS-1, T-1, or similar un-channelized or
24multi-channel transmission facility that is capable of
25transporting either the subscriber's inter-premises voice
26telecommunications services to the public switched network or

 

 

09900SB0096ham003- 130 -LRB099 04130 SXM 36223 a

1the subscriber's 9-1-1 calls to the public agency shall be
2considered a single trunk line, even if it contains multiple
3voice grade communications channels or otherwise supports 2 or
4more voice grade calls at a time; provided, however, that each
5additional 1.544 Mbps of transmission capacity that is capable
6of transporting either the subscriber's inter-premises voice
7telecommunications services to the public switched network or
8the subscriber's 9-1-1 calls to the public agency shall be
9considered an additional trunk line.
10    "Voice-impaired individual" means a person with a
11permanent speech disability which precludes oral
12communication, who can regularly and routinely communicate by
13telephone only through the aid of devices which can send and
14receive written messages over the telephone network.
15    "Wireless carrier" means a provider of two-way cellular,
16broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
17Mobile Radio Service (CMRS), Wireless Communications Service
18(WCS), or other Commercial Mobile Radio Service (CMRS), as
19defined by the Federal Communications Commission, offering
20radio communications that may provide fixed, mobile, radio
21location, or satellite communication services to individuals
22or businesses within its assigned spectrum block and
23geographical area or that offers real-time, two-way voice
24service that is interconnected with the public switched
25network, including a reseller of such service.
26    "Wireless enhanced 9-1-1" means the ability to relay the

 

 

09900SB0096ham003- 131 -LRB099 04130 SXM 36223 a

1telephone number of the originator of a 9-1-1 call and location
2information from any mobile handset or text telephone device
3accessing the wireless system to the designated wireless public
4safety answering point as set forth in the order of the Federal
5Communications Commission, FCC Docket No. 94-102, adopted June
612, 1996, with an effective date of October 1, 1996, and any
7subsequent amendment thereto.
8    "Wireless public safety answering point" means the
9functional division of a 9-1-1 authority accepting wireless
109-1-1 calls.
11    "Wireless subscriber" means an individual or entity to whom
12a wireless service account or number has been assigned by a
13wireless carrier, other than an account or number associated
14with prepaid wireless telecommunication service.
15As used in this Act, the terms defined in Sections following
16this Section and preceding Section 3 have the meanings ascribed
17to them in those Sections.
18(Source: P.A. 88-497.)
 
19    (50 ILCS 750/3)  (from Ch. 134, par. 33)
20    Sec. 3. (a) By July 1, 2017, every local public agency
21shall be within the jurisdiction of a 9-1-1 system. Every local
22public agency in a county having 100,000 or more inhabitants,
23within its respective jurisdiction, shall establish and have in
24operation within 3 years after the implementation date or by
25December 31, 1985, whichever is later, a basic or sophisticated

 

 

09900SB0096ham003- 132 -LRB099 04130 SXM 36223 a

1system as specified in this Act. Other public agencies may
2establish such a system, and shall be entitled to participate
3in any program of grants or other State funding of such
4systems.
5    (b) By July 1, 2020, every 9-1-1 system in Illinois shall
6provide Next Generation 9-1-1 service. The establishment of
7such systems shall be centralized to the extent feasible.
8    (c) Nothing in this Act shall be construed to prohibit or
9discourage in any way the formation of multijurisdictional or
10regional systems, and any system established pursuant to this
11Act may include the territory of more than one public agency or
12may include a segment of the territory of a public agency.
13(Source: P.A. 81-1509.)
 
14    (50 ILCS 750/4)  (from Ch. 134, par. 34)
15    Sec. 4. Every system shall include police, firefighting,
16and emergency medical and ambulance services, and may include
17other emergency services, in the discretion of the affected
18local public agency, such as poison control services, suicide
19prevention services, and civil defense services. The system may
20incorporate private ambulance service. In those areas in which
21a public safety agency of the state provides such emergency
22services, the system shall include such public safety agencies.
23(Source: P.A. 79-1092.)
 
24    (50 ILCS 750/6)  (from Ch. 134, par. 36)

 

 

09900SB0096ham003- 133 -LRB099 04130 SXM 36223 a

1    Sec. 6. Capabilities of system; pay telephones. All systems
2shall be designed to meet the specific requirements of each
3community and public agency served by the system. Every system,
4whether basic or sophisticated, shall be designed to have the
5capability of utilizing the direct dispatch method, relay
6method, transfer method, or referral method at least 1 of the
7methods specified in Sections 2.03 through 2.06, in response to
8emergency calls. The General Assembly finds and declares that
9the most critical aspect of the design of any system is the
10procedure established for handling a telephone request for
11emergency services.
12    In addition, to maximize efficiency and utilization of the
13system, all pay telephones within each system shall, within 3
14years after the implementation date or by December 31, 1985,
15whichever is later, enable a caller to dial "9-1-1" for
16emergency services without the necessity of inserting a coin.
17This paragraph does not apply to pay telephones located in
18penal institutions, as defined in Section 2-14 of the Criminal
19Code of 2012, that have been designated for the exclusive use
20of committed persons.
21(Source: P.A. 97-1150, eff. 1-25-13.)
 
22    (50 ILCS 750/6.1)  (from Ch. 134, par. 36.1)
23    Sec. 6.1. Every The Commission shall require that every
249-1-1 system shall be readily accessible to hearing-impaired
25and voice-impaired individuals through the use of

 

 

09900SB0096ham003- 134 -LRB099 04130 SXM 36223 a

1telecommunications technology for hearing-impaired and
2speech-impaired individuals.
3    As used in this Section:
4        "Hearing-impaired individual" means a person with a
5    permanent hearing loss who can regularly and routinely
6    communicate by telephone only through the aid of devices
7    which can send and receive written messages over the
8    telephone network.
9        "Voice-impaired individual" means a person with a
10    permanent speech disability which precludes oral
11    communication, who can regularly and routinely communicate
12    by telephone only through the aid of devices which can send
13    and receive written messages over the telephone network.
14        "Telecommunications technology" means equipment that
15    can send and receive written messages over the telephone
16    network.
17(Source: P.A. 87-146.)
 
18    (50 ILCS 750/7)  (from Ch. 134, par. 37)
19    Sec. 7. The General Assembly finds that, because of
20overlapping jurisdiction of public agencies, public safety
21agencies and telephone service areas, the Administrator, with
22the advice and recommendation of the Statewide 9-1-1 Advisory
23Board, Commission shall establish a general overview or plan to
24effectuate the purposes of this Act within the time frame
25provided in this Act. In order to insure that proper

 

 

09900SB0096ham003- 135 -LRB099 04130 SXM 36223 a

1preparation and implementation of emergency telephone systems
2are accomplished by all public agencies as required under this
3Act in a county having 100,000 or more inhabitants within 3
4years after the implementation date or by December 31, 1985,
5whichever is later, the Department Commission, with the advice
6and assistance of the Attorney General, shall secure compliance
7by public agencies as provided in this Act.
8(Source: P.A. 81-1122.)
 
9    (50 ILCS 750/8)  (from Ch. 134, par. 38)
10    Sec. 8. The Administrator Commission, with the advice and
11recommendation assistance of the Statewide 9-1-1 Advisory
12Board Attorney General, shall coordinate the implementation of
13systems established under this Act. The Commission, with the
14advice and assistance of the Attorney General, shall assist
15local public agencies and local public safety agencies in
16obtaining financial help to establish emergency telephone
17service, and shall aid such agencies in the formulation of
18concepts, methods, and procedures which will improve the
19operation of systems required by this Act and which will
20increase cooperation between public safety agencies.
21(Source: P.A. 79-1092.)
 
22    (50 ILCS 750/10)  (from Ch. 134, par. 40)
23    Sec. 10. The Administrator, with the advice and
24recommendation of the Statewide 9-1-1 Advisory Board, shall

 

 

09900SB0096ham003- 136 -LRB099 04130 SXM 36223 a

1establish uniform technical and operational standards for all
29-1-1 systems in Illinois. All findings, orders, decisions,
3rules, and regulations issued or promulgated by the Commission
4under this Act or any other Act establishing or conferring
5power on the Commission with respect to emergency
6telecommunications services, shall continue in force.
7Notwithstanding the provisions of this Section, where
8applicable, the Administrator shall, with the advice and
9recommendation of the Statewide 9-1-1 Advisory Board, amend the
10Commission's findings, orders, decisions, rules, and
11regulations to conform to the specific provisions of this Act
12as soon as practicable after the effective date of this
13amendatory Act of the 99th General Assembly. The Department may
14adopt emergency rules necessary to implement the provisions of
15this amendatory Act of the 99th General Assembly under
16subsection (t) of Section 5-45 of the Illinois Administrative
17Procedure Act. Technical and operational standards for the
18development of the local agency systems shall be established
19and reviewed by the Commission on or before December 31, 1979,
20after consultation with all agencies specified in Section 9.
21    For the limited purpose of permitting a board, a qualified
22governmental entity, a group of boards, or a group of
23governmental entities to participate in a Regional Pilot
24Project to implement next generation 9-1-1, as defined in this
25Act, the Commission may forbear from applying any rule adopted
26under the Emergency Telephone Systems Act as it applies to

 

 

09900SB0096ham003- 137 -LRB099 04130 SXM 36223 a

1conducting of the Regional Pilot Project to implement next
2generation 9-1-1, if the Commission determines, after notice
3and hearing, that:
4        (1) enforcement of the rule is not necessary to ensure
5    the development and improvement of emergency communication
6    procedures and facilities in such a manner as to be able to
7    quickly respond to any person requesting 9-1-1 service from
8    police, fire, medical, rescue, and other emergency
9    services;
10        (2) enforcement of the rule or provision is not
11    necessary for the protection of consumers; and
12        (3) forbearance from applying the provisions or rules
13    is consistent with the public interest.
14    The Commission may exercise such forbearance with respect
15to one, and only one, Regional Pilot Project to implement next
16generation 9-1-1.
17    If the Commission authorizes a Regional Pilot Project, then
18telecommunications carriers shall not be liable for any civil
19damages as a result of any act or omission, except willful or
20wanton misconduct, in connection with developing, adopting,
21operating, implementing, or delivering or receiving calls in
22connection with any plan or system authorized by this Section
23and Section 11 of this Act.
24(Source: P.A. 96-1443, eff. 8-20-10.)
 
25    (50 ILCS 750/10.2)  (from Ch. 134, par. 40.2)

 

 

09900SB0096ham003- 138 -LRB099 04130 SXM 36223 a

1    Sec. 10.2. The Emergency Telephone System Board in any
2county passing a referendum under Section 15.3, and the
3Chairman of the County Board in any county implementing a 9-1-1
4system shall ensure that all areas of the county are included
5in the system.
6(Source: P.A. 87-146.)
 
7    (50 ILCS 750/11)  (from Ch. 134, par. 41)
8    Sec. 11. Within one year after the implementation date or
9by January 31, 1980, whichever is later, all public agencies in
10a county having 100,000 or more inhabitants shall submit
11tentative plans of the establishment of a system required by
12this Act to the public utility or utilities providing public
13telephone service within the respective jurisdiction of each
14public agency. A copy of each such plan shall be filed with the
15Commission.
16    Within 2 years after the implementation date or by January
1731, 1982, whichever is later, all public agencies in a county
18having 100,000 or more inhabitants shall submit final plans for
19the establishment of the system to such utilities, and shall
20make arrangements with such utilities for the implementation of
21the planned emergency telephone system no later than 3 years
22after the implementation date or by December 31, 1985,
23whichever is later. A copy of the plan required by this
24subdivision shall be filed with the Commission. In order to
25secure compliance with the standards promulgated under Section

 

 

09900SB0096ham003- 139 -LRB099 04130 SXM 36223 a

110, the Commission shall have the power to approve or
2disapprove such plan, unless such plan was announced before the
3effective date of this Act.
4    If any public agency has implemented or is a part of a
5system required by this Act on a deadline specified in this
6Section, such public agency shall submit in lieu of the
7tentative or final plan a report describing the system and
8stating its operational date.
9    A board, a qualified governmental entity, a group of
10boards, or a group of qualified governmental entities involved
11in a Regional Pilot Project to implement next generation 9-1-1,
12as defined in this Act, shall submit a plan to the Commission
13describing in detail the Regional Pilot Project no fewer than
14180 days prior to the implementation of the plan. The
15Commission may approve the plan after notice and hearing to
16authorize such Regional Pilot Project. Such shall not exceed
17one year duration or other time period approved by the
18Commission. No entity may proceed with the Regional Pilot
19Project until it receives Commission approval. In approving any
20plan for a Regional Pilot Project under this Section, the
21Commission may impose such terms, conditions, or requirements
22as, in its judgment, are necessary to protect the interests of
23the public.
24    The Commission shall have authority to approve one, and
25only one, Regional Pilot Project to implement next generation
269-1-1.

 

 

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1    All local public agencies operating a 9-1-1 system shall
2operate under a plan that has been filed with and approved by
3the Commission prior to January 1, 2016, or the Administrator.
4Plans filed under this Section shall conform to minimum
5standards established pursuant to Section 10.
6(Source: P.A. 96-1443, eff. 8-20-10.)
 
7    (50 ILCS 750/12)  (from Ch. 134, par. 42)
8    Sec. 12. The Attorney General may, in behalf of the
9Department Commission or on his own initiative, commence
10judicial proceedings to enforce compliance by any public agency
11or public utility providing telephone service with this Act.
12(Source: P.A. 79-1092.)
 
13    (50 ILCS 750/15)  (from Ch. 134, par. 45)
14    Sec. 15. Copies of the annual certified notification of
15continuing agreement required by Section 14 shall be filed with
16the Attorney General and the Administrator Commission. All
17Commencing with the year 1987, all such agreements shall be so
18filed prior to the 31st day of January. The Attorney General
19shall commence judicial proceedings to enforce compliance with
20this Section and Section 14, where a public agency or public
21safety agency has failed to timely enter into such agreement or
22file copies thereof.
23(Source: P.A. 86-101.)
 

 

 

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1    (50 ILCS 750/15.1)  (from Ch. 134, par. 45.1)
2    Sec. 15.1. Public body; exemption from civil liability for
3developing or operating emergency telephone system.
4    (a) In no event shall a No public agency, the Commission,
5the Statewide 9-1-1 Advisory Board, the Administrator, the
6Department of State Police, public safety agency, public safety
7answering point, emergency telephone system board, or unit of
8local government assuming the duties of an emergency telephone
9system board, or carrier, or its officers, employees, assigns,
10or agents nor any officer, agent or employee of any public
11agency, public safety agency, emergency telephone system
12board, or unit of local government assuming the duties of an
13emergency telephone system board, shall be liable for any civil
14damages or criminal liability that directly or indirectly
15results from, or is caused by, any act or omission in the
16development, design, installation, operation, maintenance,
17performance, or provision of 9-1-1 service required by this
18Act, unless the act or omission constitutes gross negligence,
19recklessness, or intentional misconduct as a result of any act
20or omission, except willful or wanton misconduct, in connection
21with developing, adopting, operating or implementing any plan
22or system required by this Act.
23    A unit of local government, the Commission, the Statewide
249-1-1 Advisory Board, the Administrator, the Department of
25State Police, public safety agency, public safety answering
26point, emergency telephone system board, or carrier, or its

 

 

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1officers, employees, assigns, or agents, shall not be liable
2for any form of civil damages or criminal liability that
3directly or indirectly results from, or is caused by, the
4release of subscriber information to any governmental entity as
5required under the provisions of this Act, unless the release
6constitutes gross negligence, recklessness, or intentional
7misconduct.
8    (b) Exemption from civil liability for emergency
9instructions is as provided in the Good Samaritan Act.
10    (c) This Section may not be offered as a defense in any
11judicial proceeding brought by the Attorney General under
12Section 12 to compel compliance with this Act.
13(Source: P.A. 89-403, eff. 1-1-96; 89-607, eff. 1-1-97.)
 
14    (50 ILCS 750/15.2c new)
15    Sec. 15.2c. Call boxes. No carrier shall be required to
16provide a call box. For purposes of this Section, the term
17"call box" means device that is normally mounted to an outside
18wall of the serving telecommunications carrier central office
19and designed to provide emergency on-site answering by
20authorized personnel at the central office location in the
21event a central office is isolated from the 9-1-1 network.
 
22    (50 ILCS 750/15.3a new)
23    Sec. 15.3a. Local wireless surcharge.
24    (a) Notwithstanding any other provision of this Act, a unit

 

 

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1of local government or emergency telephone system board
2providing wireless 9-1-1 service and imposing and collecting a
3wireless carrier surcharge prior to July 1, 1998 may continue
4its practices of imposing and collecting its wireless carrier
5surcharge, but, except as provided in subsection (b) of this
6Section, in no event shall that monthly surcharge exceed $2.50
7per commercial mobile radio service (CMRS) connection or
8in-service telephone number billed on a monthly basis. For
9mobile telecommunications services provided on and after
10August 1, 2002, any surcharge imposed shall be imposed based
11upon the municipality or county that encompasses the customer's
12place of primary use as defined in the Mobile
13Telecommunications Sourcing Conformity Act.
14    (b) Until July 1, 2017, the corporate authorities of a
15municipality with a population in excess of 500,000 on the
16effective date of this amendatory Act of the 99th General
17Assembly may by ordinance continue to impose and collect a
18monthly surcharge per commercial mobile radio service (CMRS)
19connection or in-service telephone number billed on a monthly
20basis that does not exceed the highest monthly surcharge
21imposed as of January 1, 2014 by any county or municipality
22under subsection (c) of Section 15.3 of this Act. On or after
23July 1, 2017, the municipality may continue imposing and
24collecting its wireless carrier surcharge as provided in and
25subject to the limitations of subsection (a) of this Section.
26    (c) In addition to any other lawful purpose, a municipality

 

 

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1with a population over 500,000 may use the moneys collected
2under this Section for any anti-terrorism or emergency
3preparedness measures, including, but not limited to,
4preparedness planning, providing local matching funds for
5federal or State grants, personnel training, and specialized
6equipment, including surveillance cameras, as needed to deal
7with natural and terrorist-inspired emergency situations or
8events.
 
9    (50 ILCS 750/15.4)  (from Ch. 134, par. 45.4)
10    Sec. 15.4. Emergency Telephone System Board; powers.
11    (a) Except as provided in subsection (e) of this Section,
12the The corporate authorities of any county or municipality may
13that imposes a surcharge under Section 15.3 shall establish an
14Emergency Telephone System Board. The corporate authorities
15shall provide for the manner of appointment and the number of
16members of the Board, provided that the board shall consist of
17not fewer than 5 members, one of whom must be a public member
18who is a resident of the local exchange service territory
19included in the 9-1-1 coverage area, one of whom (in counties
20with a population less than 100,000) may must be a member of
21the county board, and at least 3 of whom shall be
22representative of the 9-1-1 public safety agencies, including
23but not limited to police departments, fire departments,
24emergency medical services providers, and emergency services
25and disaster agencies, and appointed on the basis of their

 

 

09900SB0096ham003- 145 -LRB099 04130 SXM 36223 a

1ability or experience. In counties with a population of more
2than 100,000 but less than 2,000,000, a member of the county
3board may serve on the Emergency Telephone System Board.
4Elected officials, including members of a county board, are
5also eligible to serve on the board. Members of the board shall
6serve without compensation but shall be reimbursed for their
7actual and necessary expenses. Any 2 or more municipalities,
8counties, or combination thereof, that impose a surcharge under
9Section 15.3 may, instead of establishing individual boards,
10establish by intergovernmental agreement a Joint Emergency
11Telephone System Board pursuant to this Section. The manner of
12appointment of such a joint board shall be prescribed in the
13agreement.
14    Upon the effective date of this amendatory Act of the 98th
15General Assembly, appointed members of the Emergency Telephone
16System Board shall serve staggered 3-year terms if: (1) the
17Board serves a county with a population of 100,000 or less; and
18(2) appointments, on the effective date of this amendatory Act
19of the 98th General Assembly, are not for a stated term. The
20corporate authorities of the county or municipality shall
21assign terms to the board members serving on the effective date
22of this amendatory Act of the 98th General Assembly in the
23following manner: (1) one-third of board members' terms shall
24expire on January 1, 2015; (2) one-third of board members'
25terms shall expire on January 1, 2016; and (3) remaining board
26members' terms shall expire on January 1, 2017. Board members

 

 

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1may be re-appointed upon the expiration of their terms by the
2corporate authorities of the county or municipality.
3    The corporate authorities of a county or municipality may,
4by a vote of the majority of the members elected, remove an
5Emergency Telephone System Board member for misconduct,
6official misconduct, or neglect of office.
7    (b) The powers and duties of the board shall be defined by
8ordinance of the municipality or county, or by
9intergovernmental agreement in the case of a joint board. The
10powers and duties shall include, but need not be limited to the
11following:
12        (1) Planning a 9-1-1 system.
13        (2) Coordinating and supervising the implementation,
14    upgrading, or maintenance of the system, including the
15    establishment of equipment specifications and coding
16    systems.
17        (3) Receiving moneys from the surcharge imposed under
18    Section 15.3, or disbursed to it under Section 30, and from
19    any other source, for deposit into the Emergency Telephone
20    System Fund.
21        (4) Authorizing all disbursements from the fund.
22        (5) Hiring any staff necessary for the implementation
23    or upgrade of the system.
24        (6) (Blank). Participating in a Regional Pilot Project
25    to implement next generation 9-1-1, as defined in this Act,
26    subject to the conditions set forth in this Act.

 

 

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1    (c) All moneys received by a board pursuant to a surcharge
2imposed under Section 15.3, or disbursed to it under Section
330, shall be deposited into a separate interest-bearing
4Emergency Telephone System Fund account. The treasurer of the
5municipality or county that has established the board or, in
6the case of a joint board, any municipal or county treasurer
7designated in the intergovernmental agreement, shall be
8custodian of the fund. All interest accruing on the fund shall
9remain in the fund. No expenditures may be made from such fund
10except upon the direction of the board by resolution passed by
11a majority of all members of the board. Expenditures may be
12made only to pay for the costs associated with the following:
13        (1) The design of the Emergency Telephone System.
14        (2) The coding of an initial Master Street Address
15    Guide data base, and update and maintenance thereof.
16        (3) The repayment of any moneys advanced for the
17    implementation of the system.
18        (4) The charges for Automatic Number Identification
19    and Automatic Location Identification equipment, a
20    computer aided dispatch system that records, maintains,
21    and integrates information, mobile data transmitters
22    equipped with automatic vehicle locators, and maintenance,
23    replacement and update thereof to increase operational
24    efficiency and improve the provision of emergency
25    services.
26        (5) The non-recurring charges related to installation

 

 

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1    of the Emergency Telephone System and the ongoing network
2    charges.
3        (6) The acquisition and installation, or the
4    reimbursement of costs therefor to other governmental
5    bodies that have incurred those costs, of road or street
6    signs that are essential to the implementation of the
7    emergency telephone system and that are not duplicative of
8    signs that are the responsibility of the jurisdiction
9    charged with maintaining road and street signs.
10        (7) Other products and services necessary for the
11    implementation, upgrade, and maintenance of the system and
12    any other purpose related to the operation of the system,
13    including costs attributable directly to the construction,
14    leasing, or maintenance of any buildings or facilities or
15    costs of personnel attributable directly to the operation
16    of the system. Costs attributable directly to the operation
17    of an emergency telephone system do not include the costs
18    of public safety agency personnel who are and equipment
19    that is dispatched in response to an emergency call.
20        (7.5) The purchase of real property if the purchase is
21    made before March 16, 2006.
22        (8) In the case of a municipality that imposes a
23    surcharge under subsection (h) of Section 15.3, moneys may
24    also be used for any anti-terrorism or emergency
25    preparedness measures, including, but not limited to,
26    preparedness planning, providing local matching funds for

 

 

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1    federal or State grants, personnel training, and
2    specialized equipment, including surveillance cameras as
3    needed to deal with natural and terrorist-inspired
4    emergency situations or events.
5        (9) The defraying of expenses incurred in
6    participation in a Regional Pilot Project to implement next
7    generation 9-1-1, subject to the conditions set forth in
8    this Act.
9        (10) The implementation of a computer aided dispatch
10    system or hosted supplemental 9-1-1 services.
11    Moneys in the fund may also be transferred to a
12participating fire protection district to reimburse volunteer
13firefighters who man remote telephone switching facilities
14when dedicated 9-1-1 lines are down.
15    (d) The board shall complete a Master Street Address Guide
16database the data base before implementation of the 9-1-1
17system. The error ratio of the database data base shall not at
18any time exceed 1% of the total database data base.
19    (e) On and after January 1, 2016, no municipality or county
20may create an Emergency Telephone System Board unless the board
21is a Joint Emergency Telephone System Board. The corporate
22authorities of any county or municipality entering into an
23intergovernmental agreement to create or join a Joint Emergency
24Telephone System Board shall rescind the ordinance or
25ordinances creating the original Emergency Telephone System
26Board and shall eliminate the Emergency Telephone System Board,

 

 

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1effective upon the creation, with regulatory approval by the
2Administrator, or joining of the Joint Emergency Telephone
3System Board.
4(Source: P.A. 97-517, eff. 8-23-11; 97-1018, eff. 8-17-12;
598-481, eff. 8-16-13.)
 
6    (50 ILCS 750/15.4a new)
7    Sec. 15.4a. Consolidation.
8    (a) By July 1, 2017, and except as otherwise provided in
9this Section, Emergency Telephone System Boards, Joint
10Emergency Telephone System Boards, qualified governmental
11entities, and PSAPs shall be consolidated as follows, subject
12to subsections (b) and (c) of this Section:
13        (1) In any county with a population of at least 250,000
14    that has a single Emergency Telephone System Board, or
15    qualified governmental entity and more than 2 PSAPs, shall
16    reduce the number of PSAPs by at least 50% or to 2 PSAPs,
17    whichever is greater. Nothing in this paragraph shall
18    preclude consolidation resulting in one PSAP in the county.
19        (2) In any county with a population of at least 250,000
20    that has more than one Emergency Telephone System Board,
21    Joint Emergency Telephone System Board, or qualified
22    governmental entity, any 9-1-1 Authority serving a
23    population of less than 25,000 shall be consolidated such
24    that no 9-1-1 Authority in the county serves a population
25    of less than 25,000.

 

 

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1        (3) In any county with a population of at least 250,000
2    but less than 1,000,000 that has more than one Emergency
3    Telephone System Board, Joint Emergency Telephone System
4    Board, or qualified governmental entity, each 9-1-1
5    Authority shall reduce the number of PSAPs by at least 50%
6    or to 2 PSAPs, whichever is greater. Nothing in this
7    paragraph shall preclude consolidation of a 9-1-1
8    Authority into a Joint Emergency Telephone System Board,
9    and nothing in this paragraph shall preclude consolidation
10    resulting in one PSAP in the county.
11        (4) In any county with a population of less than
12    250,000 that has a single Emergency Telephone System Board
13    or qualified governmental entity and more than 2 PSAPs, the
14    9-1-1 Authority shall reduce the number of PSAPs by at
15    least 50% or to 2 PSAPs, whichever is greater. Nothing in
16    this paragraph shall preclude consolidation resulting in
17    one PSAP in the county.
18        (5) In any county with a population of less than
19    250,000 that has more than one Emergency Telephone System
20    Board, Joint Emergency Telephone System Board, or
21    qualified governmental entity and more than 2 PSAPS, the
22    9-1-1 Authorities shall be consolidated into a single joint
23    board, and the number of PSAPs shall be reduced by at least
24    50% or to 2 PSAPs, whichever is greater. Nothing in this
25    paragraph shall preclude consolidation resulting in one
26    PSAP in the county.

 

 

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1        (6) Any 9-1-1 Authority that does not have a PSAP
2    within its jurisdiction shall be consolidated through an
3    intergovernmental agreement with an existing 9-1-1
4    Authority that has a PSAP to create a Joint Emergency
5    Telephone Board.
6        (7) The corporate authorities of each county that has
7    no 9-1-1 service as of January 1, 2016 shall provide
8    enhanced 9-1-1 wireline and wireless enhanced 9-1-1
9    service for that county by either (i) entering into an
10    intergovernmental agreement with an existing Emergency
11    Telephone System Board to create a new Joint Emergency
12    Telephone System Board, or (ii) entering into an
13    intergovernmental agreement with the corporate authorities
14    that have created an existing Joint Emergency Telephone
15    System Board.
16    (b) By July 1, 2016, each county required to consolidate
17pursuant to paragraph (7) of subsection (a) of this Section and
18each 9-1-1 Authority required to consolidate pursuant to
19paragraphs (1) through (6) of subsection (a) of this Section
20shall file a plan for consolidation or a request for a waiver
21pursuant to subsection (c) of this Section with the Division of
229-1-1. Within 60 calendar days of receiving a consolidation
23plan, the Statewide 9-1-1 Advisory Board shall hold at least
24one public hearing on the plan and provide a recommendation to
25the Administrator. Notice of the hearing shall be provided to
26the respective entity to which the plan applies. Within 90

 

 

09900SB0096ham003- 153 -LRB099 04130 SXM 36223 a

1calendar days of receiving a consolidation plan, the
2Administrator shall approve the plan, approve the plan as
3modified, or grant a waiver pursuant to subsection (c) of this
4Section. In making his or her decision, the Administrator shall
5consider any recommendation from the Statewide 9-1-1 Advisory
6Board regarding the plan. If the Administrator does not follow
7the recommendation of the Board, the Administrator shall
8provide a written explanation for the deviation in his or her
9decision. The deadlines provided in this subsection may be
10extended upon agreement between the Administrator and entity
11which submitted the plan.
12    (c) A waiver from a consolidation required under subsection
13(a) of this Section may be granted if the Administrator finds
14that the consolidation will result in a substantial threat to
15public safety, is economically unreasonable, or is technically
16infeasible.
17    (d) Any decision of the Administrator under this Section
18shall be deemed a final administrative decision and shall be
19subject to judicial review under the Administrative Review Law.
 
20    (50 ILCS 750/15.4b new)
21    Sec. 15.4b. Consolidation grants.
22    (a) The Administrator, with the advice and recommendation
23of the Statewide 9-1-1 Advisory Board, shall administer a 9-1-1
24System Consolidation Grant Program to defray costs associated
25with 9-1-1 system consolidation of systems outside of a

 

 

09900SB0096ham003- 154 -LRB099 04130 SXM 36223 a

1municipality with a population in excess of 500,000. The
2awarded grants will be used to offset non-recurring costs
3associated with the consolidation of 9-1-1 system and shall not
4be used for ongoing operating costs associated with the
5consolidated system. The Department, in consultation with the
6Administrator and the Statewide 9-1-1 Advisory Board, shall
7adopt rules defining the grant process and criteria for issuing
8the grants. The grants should be awarded based on criteria that
9include, but are not limited to:
10        (1) reducing the number of transfers of a 9-1-1 call;
11        (2) reducing the infrastructure required to adequately
12    provide 9-1-1 network services;
13        (3) promoting cost savings from resource sharing among
14    9-1-1 systems;
15        (4) facilitating interoperability and resiliency for
16    the receipt of 9-1-1 calls;
17        (5) reducing the number of 9-1-1 systems or reducing
18    the number of PSAPS within a 9-1-1 System;
19        (6) cost saving resulting from 9-1-1 system
20    consolidation; and
21        (7) expanding E9-1-1 service coverage as a result of
22    9-1-1 system consolidation including to areas without
23    E9-1-1 service.
24    Priority shall be given first to counties not providing
259-1-1 service as of January 1, 2016, and next to other entities
26consolidating as required under Section 15.4a of this Act.

 

 

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1    (b) The 9-1-1 System Consolidation Grant application, as
2defined by Department rules, shall be submitted electronically
3to the Administrator starting January 2, 2016, and every
4January 2 thereafter. The application shall include a modified
59-1-1 system plan as required by this Act in support of the
6consolidation plan. The Administrator shall have until June 30,
72016 and every June 30 thereafter to approve 9-1-1 System
8Consolidation grants and modified 9-1-1 system plans. Payment
9under the approved 9-1-1 System Consolidation grants shall be
10contingent upon the final approval of a modified 9-1-1 system
11plan.
12    (c) Existing and previously completed consolidation
13projects shall be eligible to apply for reimbursement of costs
14related to the consolidation incurred between 2010 and the
15State fiscal year of the application.
16    (d) The 9-1-1 systems that receive grants under this
17section shall provide a report detailing grant fund usage to
18the Administrator pursuant to Section 40 of this Act.
 
19    (50 ILCS 750/15.5)
20    Sec. 15.5. Private residential switch service 9-1-1
21service.
22    (a) After June 30, 1995, an entity that provides or
23operates private residential switch service and provides
24telecommunications facilities or services to residents shall
25provide to those residential end users the same level of 9-1-1

 

 

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1service as the public agency and the telecommunications carrier
2are providing to other residential end users of the local 9-1-1
3system. This service shall include, but not be limited to, the
4capability to identify the telephone number, extension number,
5and the physical location that is the source of the call to the
6number designated as the emergency telephone number.
7    (b) The private residential switch operator is responsible
8for forwarding end user automatic location identification
9record information to the 9-1-1 system provider according to
10the format, frequency, and procedures established by that
11system provider.
12    (c) This Act does not apply to any PBX telephone extension
13that uses radio transmissions to convey electrical signals
14directly between the telephone extension and the serving PBX.
15    (d) An entity that violates this Section is guilty of a
16business offense and shall be fined not less than $1,000 and
17not more than $5,000.
18    (e) Nothing in this Section shall be construed to preclude
19the Attorney General on behalf of the Department Commission or
20on his or her own initiative, or any other interested person,
21from seeking judicial relief, by mandamus, injunction, or
22otherwise, to compel compliance with this Section.
23(Source: P.A. 88-604, eff. 9-1-94; 89-222, eff. 1-1-96; 89-497,
24eff. 6-27-96.)
 
25    (50 ILCS 750/15.6)

 

 

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1    Sec. 15.6. Enhanced 9-1-1 service; business service.
2    (a) After June 30, 2000, or within 18 months after enhanced
39-1-1 service becomes available, any entity that installs or
4operates a private business switch service and provides
5telecommunications facilities or services to businesses shall
6assure that the system is connected to the public switched
7network in a manner that calls to 9-1-1 result in automatic
8number and location identification. For buildings having their
9own street address and containing workspace of 40,000 square
10feet or less, location identification shall include the
11building's street address. For buildings having their own
12street address and containing workspace of more than 40,000
13square feet, location identification shall include the
14building's street address and one distinct location
15identification per 40,000 square feet of workspace. Separate
16buildings containing workspace of 40,000 square feet or less
17having a common public street address shall have a distinct
18location identification for each building in addition to the
19street address.
20    (b) Exemptions. Buildings containing workspace of more
21than 40,000 square feet are exempt from the multiple location
22identification requirements of subsection (a) if the building
23maintains, at all times, alternative and adequate means of
24signaling and responding to emergencies. Those means shall
25include, but not be limited to, a telephone system that
26provides the physical location of 9-1-1 calls coming from

 

 

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1within the building. Health care facilities are presumed to
2meet the requirements of this paragraph if the facilities are
3staffed with medical or nursing personnel 24 hours per day and
4if an alternative means of providing information about the
5source of an emergency call exists. Buildings under this
6exemption must provide 9-1-1 service that provides the
7building's street address.
8    Buildings containing workspace of more than 40,000 square
9feet are exempt from subsection (a) if the building maintains,
10at all times, alternative and adequate means of signaling and
11responding to emergencies, including a telephone system that
12provides the location of a 9-1-1 call coming from within the
13building, and the building is serviced by its own medical, fire
14and security personnel. Buildings under this exemption are
15subject to emergency phone system certification by the
16Administrator Illinois Commerce Commission.
17    Buildings in communities not serviced by enhanced 9-1-1
18service are exempt from subsection (a).
19    Correctional institutions and facilities, as defined in
20subsection (d) of Section 3-1-2 of the Unified Code of
21Corrections, are exempt from subsection (a).
22    (c) This Act does not apply to any PBX telephone extension
23that uses radio transmissions to convey electrical signals
24directly between the telephone extension and the serving PBX.
25    (d) An entity that violates this Section is guilty of a
26business offense and shall be fined not less than $1,000 and

 

 

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1not more than $5,000.
2    (e) Nothing in this Section shall be construed to preclude
3the Attorney General on behalf of the Department Commission or
4on his or her own initiative, or any other interested person,
5from seeking judicial relief, by mandamus, injunction, or
6otherwise, to compel compliance with this Section.
7    (f) The Department may Commission shall promulgate rules
8for the administration of this Section no later than January 1,
92000.
10(Source: P.A. 91-518, eff. 8-13-99; 92-16, eff. 6-28-01;
1192-188, eff. 8-1-01.)
 
12    (50 ILCS 750/15.6a new)
13    Sec. 15.6a. Wireless emergency 9-1-1 service.
14    (a) The digits "9-1-1" shall be the designated emergency
15telephone number within the wireless system.
16    (b) The Department may set non-discriminatory and uniform
17technical and operational standards consistent with the rules
18of the Federal Communications Commission for directing calls to
19authorized public safety answering points. These standards
20shall not in any way prescribe the technology or manner a
21wireless carrier shall use to deliver wireless 9-1-1 or
22wireless E9-1-1 calls, and these standards shall not exceed the
23requirements set by the Federal Communications Commission;
24however, standards for directing calls to the authorized public
25safety answering point shall be included. The authority given

 

 

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1to the Department in this Section is limited to setting
2standards as set forth herein and does not constitute authority
3to regulate wireless carriers.
4    (c) For the purpose of providing wireless 9-1-1 emergency
5services, an emergency telephone system board or, in the
6absence of an emergency telephone system board, a qualified
7governmental entity, may declare its intention for one or more
8of its public safety answering points to serve as a primary
9wireless 9-1-1 public safety answering point for its
10jurisdiction by notifying the Administrator in writing within 6
11months after receiving its authority to operate a 9-1-1 system
12under this Act. In addition, 2 or more Emergency Telephone
13System Boards or qualified governmental entities may, by virtue
14of an intergovernmental agreement, provide wireless 9-1-1
15service. The Department of State Police shall be the primary
16wireless 9-1-1 public safety answering point for any
17jurisdiction that did not provide notice to the Illinois
18Commerce Commission and the Department prior to January 1,
192016.
20    (d) The Administrator, upon a request from a qualified
21governmental entity or an emergency telephone system board and
22with the advice and recommendation of the Statewide 9-1-1
23Advisory Board, may grant authority to the emergency telephone
24system board or a qualified governmental entity to provide
25wireless 9-1-1 service in areas for which the Department has
26accepted wireless 9-1-1 responsibility. The Administrator

 

 

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1shall maintain a current list of all 9-1-1 systems and
2qualified governmental entities providing wireless 9-1-1
3service under this Act.
 
4    (50 ILCS 750/15.6b new)
5    Sec. 15.6b. Next Generation 9-1-1 service.
6    (a) The Administrator, with the advice and recommendation
7of the Statewide 9-1-1 Advisory Board, shall develop and
8implement a plan for a statewide Next Generation 9-1-1 network.
9The Next Generation 9-1-1 network must be an Internet
10protocol-based platform that at a minimum provides:
11        (1) improved 9-1-1 call delivery;
12        (2) enhanced interoperability;
13        (3) increased ease of communication between 9-1-1
14    service providers, allowing immediate transfer of 9-1-1
15    calls, caller information, photos, and other data
16    statewide;
17        (4) a hosted solution with redundancy built in; and
18        (5) compliance with NENA Standards i3 Solution 08-003.
19    (b) By July 1, 2016, the Administrator, with the advice and
20recommendation of the Statewide 9-1-1 Advisory Board, shall
21design and issue a competitive request for a proposal to secure
22the services of a consultant to complete a feasibility study on
23the implementation of a statewide Next Generation 9-1-1 network
24in Illinois. By July 1, 2017, the consultant shall complete the
25feasibility study and make recommendations as to the

 

 

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1appropriate procurement approach for developing a statewide
2Next Generation 9-1-1 network.
3    (c) Within 12 months of the final report from the
4consultant under subsection (b) of this Section, the Department
5shall procure and finalize a contract with a vendor certified
6under Section 13-900 of the Public Utilities Act to establish a
7statewide Next Generation 9-1-1 network. By July 1, 2020, the
8vendor shall implement a Next Generation 9-1-1 network that
9allows 9-1-1 systems providing 9-1-1 service to Illinois
10residents to access the system utilizing their current
11infrastructure if it meets the standards adopted by the
12Department.
 
13    (50 ILCS 750/15.7)
14    Sec. 15.7. Compliance with certification of 9-1-1 system
15providers by the Illinois Commerce Commission. In addition to
16the requirements of this Act Section, all 9-1-1 system
17providers must comply with the requirements of Section 13-900
18of the Public Utilities Act.
19(Source: P.A. 96-25, eff. 6-30-09.)
 
20    (50 ILCS 750/15.8)
21    Sec. 15.8. 9-1-1 dialing from a business.
22    (a) Any entity that installs or operates a private business
23switch service and provides telecommunications facilities or
24services to businesses shall ensure that all systems installed

 

 

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1on or after July 1, 2015 (the effective date of Public Act
298-875) the effective date of this amendatory Act of the 98th
3General Assembly are connected to the public switched network
4in a manner such that when a user dials "9-1-1", the emergency
5call connects to the 9-1-1 system without first dialing any
6number or set of numbers.
7    (b) The requirements of this Section do not apply to:
8        (1) any entity certified by the Illinois Commerce
9    Commission to operate a Private Emergency Answering Point
10    as defined in 83 Ill. Adm. Code 726.105; or
11        (2) correctional institutions and facilities as
12    defined in subsection (d) of Section 3-1-2 of the Unified
13    Code of Corrections.
14    (c) An entity that violates this Section is guilty of a
15business offense and shall be fined not less than $1,000 and
16not more than $5,000.
17(Source: P.A. 98-875, eff. 7-1-15.)
 
18    (50 ILCS 750/20 new)
19    Sec. 20. Statewide surcharge.
20    (a) On and after January 1, 2016, and except with respect
21to those customers who are subject to surcharges as provided in
22Sections 15.3 and 15.3a of this Act, a monthly surcharge shall
23be imposed on all customers of telecommunications carriers and
24wireless carriers as follows:
25        (1) Each telecommunications carrier shall impose a

 

 

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1    monthly surcharge of $0.87 per network connection;
2    provided, however, the monthly surcharge shall not apply to
3    a network connection provided for use with pay telephone
4    services. Where multiple voice grade communications
5    channels are connected between the subscriber's premises
6    and a public switched network through private branch
7    exchange (PBX) or centrex type service there shall be
8    imposed 5 such surcharges per network connection for both
9    regular service and advanced service provisioned trunk
10    lines.
11        (2) Each wireless carrier shall impose and collect a
12    monthly surcharge of $0.87 per CMRS connection that either
13    has a telephone number within an area code assigned to
14    Illinois by the North American Numbering Plan
15    Administrator or has a billing address in this State.
16    (b) State and local taxes shall not apply to the surcharges
17imposed under this Section.
18    (c) The surcharges imposed by this Section shall be stated
19as a separately stated item on subscriber bills.
20    (d) The telecommunications carrier collecting the
21surcharge shall also be entitled to deduct 3% of the gross
22amount of surcharge collected to reimburse the
23telecommunications carrier for the expense of accounting and
24collecting the surcharge. On and after July 1, 2022, the
25wireless carrier collecting a surcharge under this Section
26shall be entitled to deduct up to 3% of the gross amount of the

 

 

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1surcharge collected to reimburse the wireless carrier for the
2expense of accounting and collecting the surcharge.
3    (e) Surcharges imposed under this Section shall be
4collected by the carriers and, within 30 days of collection,
5remitted, either by check or electronic funds transfer, to the
6Department for deposit into the Statewide 9-1-1 Fund. Carriers
7are not required to remit surcharge moneys that are billed to
8subscribers but not yet collected.
9    The first remittance by wireless carriers shall include the
10number of subscribers by zip code, and the 9-digit zip code if
11currently being used or later implemented by the carrier, that
12shall be the means by which the Department shall determine
13distributions from the Statewide 9-1-1 Fund. This information
14shall be updated at least once each year. Any carrier that
15fails to provide the zip code information required under this
16subsection (e) shall be subject to the penalty set forth in
17subsection (g) of this Section.
18    (f) If, within 5 business days it is due under subsection
19(e) of this Section, a carrier does not remit the surcharge or
20any portion thereof required under this Section, then the
21surcharge or portion thereof shall be deemed delinquent until
22paid in full, and the Department may impose a penalty against
23the carrier in an amount equal to the greater of:
24        (1) $25 for each month or portion of a month from the
25    time an amount becomes delinquent until the amount is paid
26    in full; or

 

 

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1        (2) an amount equal to the product of 1% and the sum of
2    all delinquent amounts for each month or portion of a month
3    that the delinquent amounts remain unpaid.
4    A penalty imposed in accordance with this subsection (f)
5for a portion of a month during which the carrier pays the
6delinquent amount in full shall be prorated for each day of
7that month that the delinquent amount was paid in full. Any
8penalty imposed under this subsection (f) is in addition to any
9other penalty imposed under this Section.
10    (g) If, within 5 business days after it is due, a wireless
11carrier does not provide the number of subscribers by zip code
12as required under subsection (e) of this Section, then the
13report is deemed delinquent and the Department may impose a
14penalty against the carrier in an amount equal to the greater
15of:
16        (1) $25 for each month or portion of a month that the
17    report is delinquent; or
18        (2) an amount equal to the product of $0.01 and the
19    number of subscribers served by the carrier.
20    A penalty imposed in accordance with this subsection (g)
21for a portion of a month during which the carrier provides the
22number of subscribers by zip code as required under subsection
23(e) of this Section shall be prorated for each day of that
24month during which the carrier had not provided the number of
25subscribers by zip code as required under subsection (e) of
26this Section. Any penalty imposed under this subsection (g) is

 

 

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1in addition to the amount of the delinquency and is in addition
2to any other penalty imposed under this Section.
3    (h) A penalty imposed and collected in accordance with
4subsection (f) or (g) of this Section shall be deposited into
5the Statewide 9-1-1 Fund for distribution according to Section
630 of this Act.
7    (i) The Department may enforce the collection of any
8delinquent amount and any penalty due and unpaid under this
9Section by legal action or in any other manner by which the
10collection of debts due the State of Illinois may be enforced
11under the laws of this State. The Department may excuse the
12payment of any penalty imposed under this Section if the
13Administrator determines that the enforcement of this penalty
14is unjust.
15    (j) Notwithstanding any provision of law to the contrary,
16nothing shall impair the right of wireless carriers to recover
17compliance costs for all emergency communications services
18that are not reimbursed out of the Wireless Carrier
19Reimbursement Fund directly from their wireless subscribers by
20line-item charges on the wireless subscriber's bill. Those
21compliance costs include all costs incurred by wireless
22carriers in complying with local, State, and federal regulatory
23or legislative mandates that require the transmission and
24receipt of emergency communications to and from the general
25public, including, but not limited to, E9-1-1.
 

 

 

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1    (50 ILCS 750/30 new)
2    Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
3    (a) A special fund in the State treasury known as the
4Wireless Service Emergency Fund shall be renamed the Statewide
59-1-1 Fund. Any appropriations made from the Wireless Service
6Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
7The Fund shall consist of the following:
8        (1) 9-1-1 wireless surcharges assessed under the
9    Wireless Emergency Telephone Safety Act.
10        (2) 9-1-1 surcharges assessed under Section 20 of this
11    Act.
12        (3) Prepaid wireless 9-1-1 surcharges assessed under
13    Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
14        (4) Any appropriations, grants, or gifts made to the
15    Fund.
16        (5) Any income from interest, premiums, gains, or other
17    earnings on moneys in the Fund.
18        (6) Money from any other source that is deposited in or
19    transferred to the Fund.
20    (b) Subject to appropriation, the Department shall
21distribute the 9-1-1 surcharges monthly as follows:
22        (1) From each surcharge collected and remitted under
23    Section 20 of this Act:
24            (A) $0.013 shall be distributed monthly in equal
25        amounts to each County Emergency Telephone System
26        Board or qualified governmental entity in counties

 

 

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1        with a population under 100,000 according to the most
2        recent census data which is authorized to serve as a
3        primary wireless 9-1-1 public safety answering point
4        for the county and to provide wireless 9-1-1 service as
5        prescribed by subsection (b) of Section 15.6a of this
6        Act, and which does provide such service.
7            (B) $0.033 shall be transferred by the Comptroller
8        at the direction of the Department to the Wireless
9        Carrier Reimbursement Fund until June 30, 2017; from
10        July 1, 2017 through June 30, 2018, $0.026 shall be
11        transferred; from July 1, 2018 through June 30, 2019,
12        $0.020 shall be transferred; from July 1, 2019, through
13        June 30, 2020, $0.013 shall be transferred; from July
14        1, 2020 through June 30, 2021, $0.007 will be
15        transferred; and after June 30, 2021, no transfer shall
16        be made to the Wireless Carrier Reimbursement Fund.
17            (C) $0.007 shall be used to cover the Department's
18        administrative costs.
19        (2) After disbursements under paragraph (1) of this
20    subsection (b), all remaining funds in the Statewide 9-1-1
21    Fund shall be disbursed in the following priority order:
22            (A)The Fund will pay monthly to:
23                (i) the 9-1-1 Authorities that imposed
24            surcharges under Section 15.3 of this Act and were
25            required to report to the Illinois Commerce
26            Commission under Section 27 of the Wireless

 

 

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1            Emergency Telephone Safety Act on October 1, 2014,
2            except a 9-1-1 Authority in a municipality with a
3            population in excess of 500,000, an amount equal to
4            the average monthly wireline and VoIP surcharge
5            revenue attributable to the most recent 12-month
6            period reported to the Department under that
7            Section for the October 1, 2014 filing, subject to
8            the power of the Department to investigate the
9            amount reported and adjust the number by order
10            under Article X of the Public Utilities Act, so
11            that the monthly amount paid under this item
12            accurately reflects one-twelfth of the aggregate
13            wireline and VoIP surcharge revenue properly
14            attributable to the most recent 12-month period
15            reported to the Commission; or
16                (ii) county qualified governmental entities
17            that did not impose a surcharge under Section 15.3
18            as of December 31, 2015, and counties that did not
19            impose a surcharge as of June 30, 2015, an amount
20            equivalent to their population multiplied by .37
21            multiplied by the rate of $0.69; counties that are
22            not county qualified governmental entities and
23            that did not impose a surcharge as of December 31,
24            2015, shall not begin to receive the payment
25            provided for in this subsection until E9-1-1 and
26            Wireless E9-1-1 services are provided within their

 

 

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1            counties; or
2                (iii) counties without 9-1-1 service that had
3            a surcharge in place by December 31, 2015, an
4            amount equivalent to their population multiplied
5            by .37 multiplied by their surcharge rate as
6            established by the referendum.
7            (B) All 9-1-1 network costs for systems outside of
8        municipalities with a population of at least 500,000
9        shall be paid by the Department directly to the
10        vendors.
11            (C) All expenses incurred by the Administrator and
12        the Statewide 9-1-1 Advisory Board and costs
13        associated with procurement under Section 15.6b
14        including requests for information and requests for
15        proposals.
16            (D) Funds may be held in reserve by the Statewide
17        9-1-1 Advisory Board and disbursed by the Department
18        for grants under Sections 15.4a, 15.4b, and for NG9-1-1
19        expenses up to $12.5 million per year in State fiscal
20        years 2016 and 2017; up to $13.5 million in State
21        fiscal year 2018; up to $14.4 million in State fiscal
22        year 2019; up to $15.3 million in State fiscal year
23        2020; up to $16.2 million in State fiscal year 2021; up
24        to $23.1 million in State fiscal year 2022; and up to
25        $17.0 million per year for State fiscal year 2023 and
26        each year thereafter.

 

 

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1            (E) All remaining funds per remit month shall be
2        used to make monthly proportional grants to the
3        appropriate 9-1-1 Authority currently taking wireless
4        9-1-1 based upon the United States Postal Zip Code of
5        the billing addresses of subscribers of wireless
6        carriers.
7    (c) The moneys deposited into the Statewide 9-1-1 Fund
8under this Section shall not be subject to administrative
9charges or chargebacks unless otherwise authorized by this Act.
10    (d) Whenever two or more 9-1-1 Authorities consolidate, the
11resulting Joint Emergency Telephone System Board shall be
12entitled to the monthly payments that had theretofore been made
13to each consolidating 9-1-1 Authority. Any reserves held by any
14consolidating 9-1-1 Authority shall be transferred to the
15resulting Joint Emergency Telephone System Board. Whenever a
16county that has no 9-1-1 service as of January 1, 2016 enters
17into an agreement to consolidate to create or join a Joint
18Emergency Telephone System Board, the Joint Emergency
19Telephone System Board shall be entitled to the monthly
20payments that would have otherwise been paid to the county if
21it had provided 9-1-1 service.
 
22    (50 ILCS 750/35 new)
23    Sec. 35. 9-1-1 surcharge; allowable expenditures. Except
24as otherwise provided in this Act, expenditures from surcharge
25revenues received under this Act may be made by municipalities,

 

 

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1counties, and 9-1-1 Authorities only to pay for the costs
2associated with the following:
3        (1) The design of the Emergency Telephone System.
4        (2) The coding of an initial Master Street Address
5    Guide database, and update and maintenance thereof.
6        (3) The repayment of any moneys advanced for the
7    implementation of the system.
8        (4) The charges for Automatic Number Identification
9    and Automatic Location Identification equipment, a
10    computer aided dispatch system that records, maintains,
11    and integrates information, mobile data transmitters
12    equipped with automatic vehicle locators, and maintenance,
13    replacement, and update thereof to increase operational
14    efficiency and improve the provision of emergency
15    services.
16        (5) The non-recurring charges related to installation
17    of the Emergency Telephone System.
18        (6) The acquisition and installation, or the
19    reimbursement of costs therefor to other governmental
20    bodies that have incurred those costs, of road or street
21    signs that are essential to the implementation of the
22    Emergency Telephone System and that are not duplicative of
23    signs that are the responsibility of the jurisdiction
24    charged with maintaining road and street signs.
25        (7) Other products and services necessary for the
26    implementation, upgrade, and maintenance of the system and

 

 

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1    any other purpose related to the operation of the system,
2    including costs attributable directly to the construction,
3    leasing, or maintenance of any buildings or facilities or
4    costs of personnel attributable directly to the operation
5    of the system. Costs attributable directly to the operation
6    of an emergency telephone system do not include the costs
7    of public safety agency personnel who are and equipment
8    that is dispatched in response to an emergency call.
9        (8) The defraying of expenses incurred to implement
10    Next Generation 9-1-1, subject to the conditions set forth
11    in this Act.
12        (9) The implementation of a computer aided dispatch
13    system or hosted supplemental 9-1-1 services.
14        (10) The design, implementation, operation,
15    maintenance, or upgrade of wireless 9-1-1 or E9-1-1
16    emergency services and public safety answering points.
17    Moneys in the Statewide 9-1-1 Fund may also be transferred
18to a participating fire protection district to reimburse
19volunteer firefighters who man remote telephone switching
20facilities when dedicated 9-1-1 lines are down.
21    In the case of a municipality with a population over
22500,000, moneys may also be used for any anti-terrorism or
23emergency preparedness measures, including, but not limited
24to, preparedness planning, providing local matching funds for
25federal or State grants, personnel training, and specialized
26equipment, including surveillance cameras, as needed to deal

 

 

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1with natural and terrorist-inspired emergency situations or
2events.
 
3    (50 ILCS 750/40 new)
4    Sec. 40. Financial reports.
5    (a) The Department shall create uniform accounting
6procedures, with such modification as may be required to give
7effect to statutory provisions applicable only to
8municipalities with a population in excess of 500,000, that any
9emergency telephone system board, qualified governmental
10entity, or unit of local government receiving surcharge money
11pursuant to Section 15.3, 15.3a, or 30 of this Act must follow.
12    (b) By October 1, 2016, and every October 1 thereafter,
13each emergency telephone system board, qualified governmental
14entity, or unit of local government receiving surcharge money
15pursuant to Section 15.3, 15.3a, or 30 shall report to the
16Department audited financial statements showing total revenue
17and expenditures for previous fiscal year in a form and manner
18as prescribed by the Department. Such financial information
19shall include:
20        (1) a detailed summary of revenue from all sources
21    including, but not limited to, local, State, federal, and
22    private revenues, and any other funds received;
23        (2) operating expenses, capital expenditures, and cash
24    balances; and
25        (3) such other financial information that is relevant

 

 

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1    to the provision of 9-1-1 services as determined by the
2    Department.
3    The emergency telephone system board, qualified
4governmental entity, or unit of local government is responsible
5for any costs associated with auditing such financial
6statements. The Department shall post the audited financial
7statements on the Department's website.
8    (c) Along with its audited financial statement, each
9emergency telephone system board, qualified governmental
10entity, or unit of local government receiving a grant under
11Section 15.4b of this Act shall include a report of the amount
12of grant moneys received and how the grant moneys were used. In
13case of a conflict between this requirement and the Grant
14Accountability and Transparency Act, or with the rules of the
15Governor's Office of Management and Budget adopted thereunder,
16that Act and those rules shall control.
17    (d) If an emergency telephone system board or qualified
18governmental entity that receives funds from the Statewide
199-1-1 Fund fails to file the 9-1-1 system financial reports as
20required under this Section, the Department shall suspend and
21withhold monthly disbursements otherwise due to the emergency
22telephone system board or qualified governmental entity under
23Section 30 of this Act until the report is filed.
24    Any monthly disbursements that have been withheld for 12
25months or more shall be forfeited by the emergency telephone
26system board or qualified governmental entity and shall be

 

 

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1distributed proportionally by the Department to compliant
2emergency telephone system boards and qualified governmental
3entities that receive funds from the Statewide 9-1-1 Fund.
4    Any emergency telephone system board or qualified
5governmental entity not in compliance with this Section shall
6be ineligible to receive any consolidation grant or
7infrastructure grant issued under this Act.
8    (e) The Department may adopt emergency rules necessary to
9implement the provisions of this Section.
 
10    (50 ILCS 750/45 new)
11    Sec. 45. Wireless Carrier Reimbursement Fund.
12    (a) A special fund in the State treasury known as the
13Wireless Carrier Reimbursement Fund, which was created
14previously under Section 30 of the Wireless Emergency Telephone
15Safety Act, shall continue in existence without interruption
16notwithstanding the repeal of that Act. Moneys in the Wireless
17Carrier Reimbursement Fund may be used, subject to
18appropriation, only (i) to reimburse wireless carriers for all
19of their costs incurred in complying with the applicable
20provisions of Federal Communications Commission wireless
21enhanced 9-1-1 service mandates, and (ii) to pay the reasonable
22and necessary costs of the Illinois Commerce Commission in
23exercising its rights, duties, powers, and functions under this
24Act. This reimbursement to wireless carriers may include, but
25need not be limited to, the cost of designing, upgrading,

 

 

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1purchasing, leasing, programming, installing, testing, and
2maintaining necessary data, hardware, and software and
3associated operating and administrative costs and overhead.
4    (b) To recover costs from the Wireless Carrier
5Reimbursement Fund, the wireless carrier shall submit sworn
6invoices to the Illinois Commerce Commission. In no event may
7any invoice for payment be approved for (i) costs that are not
8related to compliance with the requirements established by the
9wireless enhanced 9-1-1 mandates of the Federal Communications
10Commission, or (ii) costs with respect to any wireless enhanced
119-1-1 service that is not operable at the time the invoice is
12submitted.
13    (c) If in any month the total amount of invoices submitted
14to the Illinois Commerce Commission and approved for payment
15exceeds the amount available in the Wireless Carrier
16Reimbursement Fund, wireless carriers that have invoices
17approved for payment shall receive a pro-rata share of the
18amount available in the Wireless Carrier Reimbursement Fund
19based on the relative amount of their approved invoices
20available that month, and the balance of the payments shall be
21carried into the following months until all of the approved
22payments are made.
23    (d) A wireless carrier may not receive payment from the
24Wireless Carrier Reimbursement Fund for its costs of providing
25wireless enhanced 9-1-1 services in an area when a unit of
26local government or emergency telephone system board provides

 

 

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1wireless 9-1-1 services in that area and was imposing and
2collecting a wireless carrier surcharge prior to July 1, 1998.
3    (e) The Illinois Commerce Commission shall maintain
4detailed records of all receipts and disbursements and shall
5provide an annual accounting of all receipts and disbursements
6to the Auditor General.
7    (f) The Illinois Commerce Commission must annually review
8the balance in the Wireless Carrier Reimbursement Fund as of
9June 30 of each year and shall direct the Comptroller to
10transfer into the Statewide 9-1-1 Fund for distribution in
11accordance with subsection (b) of Section 30 of this Act any
12amount in excess of outstanding invoices as of June 30 of each
13year.
14    (g) The Illinois Commerce Commission shall adopt rules to
15govern the reimbursement process.
 
16    (50 ILCS 750/50 new)
17    Sec. 50. Fund audits. The Auditor General shall conduct as
18a part of its bi-annual audit, an audit of the Statewide 9-1-1
19Fund and the Wireless Carrier Reimbursement Fund for compliance
20with the requirements of this Act. The audit shall include, but
21not be limited to, the following determinations:
22        (1) Whether detailed records of all receipts and
23    disbursements from the Statewide 9-1-1 Fund and the
24    Wireless Carrier Reimbursement Fund are being maintained.
25        (2) Whether administrative costs charged to the funds

 

 

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1    are adequately documented and are reasonable.
2        (3) Whether the procedures for making disbursements
3    and grants and providing reimbursements in accordance with
4    the Act are adequate.
5        (4) The status of the implementation of statewide 9-1-1
6    service and Next Generation 9-1-1 service in Illinois.
7    The Illinois Commerce Commission, the Department of State
8Police, and any other entity or person that may have
9information relevant to the audit shall cooperate fully and
10promptly with the Office of the Auditor General in conducting
11the audit. The Auditor General shall commence the audit as soon
12as possible and distribute the report upon completion in
13accordance with Section 3-14 of the Illinois State Auditing
14Act.
 
15    (50 ILCS 750/55 new)
16    Sec. 55. Public disclosure. Because of the highly
17competitive nature of the wireless telephone industry, public
18disclosure of information about surcharge moneys paid by
19wireless carriers could have the effect of stifling competition
20to the detriment of the public and the delivery of wireless
219-1-1 services. Therefore, the Illinois Commerce Commission,
22the Department of State Police, governmental agencies, and
23individuals with access to that information shall take
24appropriate steps to prevent public disclosure of this
25information. Information and data supporting the amount and

 

 

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1distribution of surcharge moneys collected and remitted by an
2individual wireless carrier shall be deemed exempt information
3for purposes of the Freedom of Information Act and shall not be
4publicly disclosed. The gross amount paid by all carriers shall
5not be deemed exempt and may be publicly disclosed.
 
6    (50 ILCS 750/60 new)
7    Sec. 60. Interconnected VoIP providers. Interconnected
8VoIP providers in Illinois shall be subject in a competitively
9neutral manner to the same provisions of this Act as are
10provided for telecommunications carriers. Interconnected VoIP
11services shall not be considered an intrastate
12telecommunications service for the purposes of this Act in a
13manner inconsistent with federal law or Federal Communications
14Commission regulation.
 
15    (50 ILCS 750/2.01 rep.)
16    (50 ILCS 750/2.02 rep.)
17    (50 ILCS 750/2.03 rep.)
18    (50 ILCS 750/2.04 rep.)
19    (50 ILCS 750/2.05 rep.)
20    (50 ILCS 750/2.06 rep.)
21    (50 ILCS 750/2.06a rep.)
22    (50 ILCS 750/2.07 rep.)
23    (50 ILCS 750/2.08 rep.)
24    (50 ILCS 750/2.09 rep.)

 

 

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1    (50 ILCS 750/2.10 rep.)
2    (50 ILCS 750/2.11 rep.)
3    (50 ILCS 750/2.12 rep.)
4    (50 ILCS 750/2.13 rep.)
5    (50 ILCS 750/2.14 rep.)
6    (50 ILCS 750/2.15 rep.)
7    (50 ILCS 750/2.16 rep.)
8    (50 ILCS 750/2.17 rep.)
9    (50 ILCS 750/2.18 rep.)
10    (50 ILCS 750/2.19 rep.)
11    (50 ILCS 750/2.20 rep.)
12    (50 ILCS 750/2.21 rep.)
13    (50 ILCS 750/2.22 rep.)
14    (50 ILCS 750/2.23 rep.)
15    (50 ILCS 750/2.24 rep.)
16    (50 ILCS 750/2.25 rep.)
17    (50 ILCS 750/2.26 rep.)
18    (50 ILCS 750/2.27 rep.)
19    (50 ILCS 750/2.28 rep.)
20    (50 ILCS 750/9 rep.)
21    Section 2-15. The Emergency Telephone System Act is amended
22by repealing Sections 2.01, 2.02, 2.03, 2.04, 2.05, 2.06,
232.06a, 2.07, 2.08, 2.09, 2.10, 2.11, 2.12, 2.13, 2.14, 2.15,
242.16, 2.17, 2.18, 2.19, 2.20, 2.21, 2.22, 2.23, 2.24, 2.25,
252.26, 2.27, 2.28, and 9.
 

 

 

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1    Section 2-25. The Prepaid Wireless 9-1-1 Surcharge Act is
2amended by changing Section 20 as follows:
 
3    (50 ILCS 753/20)
4    Sec. 20. Administration of prepaid wireless 9-1-1
5surcharge.
6    (a) In the administration and enforcement of this Act, the
7provisions of Sections 2a, 2b, 2c, 3, 4, 5, 5a, 5b, 5c, 5d, 5e,
85f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, and 12 of the
9Retailers' Occupation Tax Act that are not inconsistent with
10this Act, and Section 3-7 of the Uniform Penalty and Interest
11Act shall apply, as far as practicable, to the subject matter
12of this Act to the same extent as if those provisions were
13included in this Act. References to "taxes" in these
14incorporated Sections shall be construed to apply to the
15administration, payment, and remittance of all surcharges
16under this Act. The Department shall establish registration and
17payment procedures that substantially coincide with the
18registration and payment procedures that apply to the
19Retailers' Occupation Tax Act.
20    (b) A For the first 12 months after the effective date of
21this Act, a seller shall be permitted to deduct and retain 5%
22of prepaid wireless 9-1-1 surcharges that are collected by the
23seller from consumers and that are remitted and timely filed
24with the Department. After the first 12 months, a seller shall
25be permitted to deduct and retain 3% of prepaid wireless 9-1-1

 

 

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1surcharges that are collected by the seller from consumers and
2that are remitted and timely filed with the Department.
3    (c) Other than the amounts for deposit into the Municipal
4Wireless Service Emergency Fund, the Department shall pay to
5the State Treasurer all prepaid wireless E911 charges, and
6penalties, and interest collected under this Act for deposit
7into the Statewide 9-1-1 Fund Wireless Service Emergency Fund.
8On or before the 25th day of each calendar month, the
9Department shall prepare and certify to the Comptroller the
10amount available to the Department of State Police Illinois
11Commerce Commission for distribution out of the Statewide 9-1-1
12Fund Wireless Service Emergency Fund. The amount certified
13shall be the amount (not including credit memoranda) collected
14during the second preceding calendar month by the Department
15plus an amount the Department determines is necessary to offset
16any amounts which were erroneously paid to a different taxing
17body. The amount paid to the Statewide 9-1-1 Fund Wireless
18Service Emergency Fund shall not include any amount equal to
19the amount of refunds made during the second preceding calendar
20month by the Department of Revenue to retailers under this Act
21or any amount that the Department determines is necessary to
22offset any amounts which were payable to a different taxing
23body but were erroneously paid to the Statewide 9-1-1 Fund
24Wireless Service Emergency Fund. The Department of State Police
25Illinois Commerce Commission shall distribute the funds in the
26same proportion as they are distributed under the Wireless

 

 

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1Emergency Telephone Safety Act and the funds may only be used
2in accordance with Section 30 the provisions of the Wireless
3Emergency Telephone Safety Act. The Department may deduct an
4amount, not to exceed 3% during the first year following the
5effective date of this Act and not to exceed 2% during every
6year thereafter of remitted charges, to be transferred into the
7Tax Compliance and Administration Fund to reimburse the
8Department for its direct costs of administering the collection
9and remittance of prepaid wireless 9-1-1 surcharges.
10    (d) The Department shall administer the collection of all
119-1-1 surcharges and may adopt and enforce reasonable rules
12relating to the administration and enforcement of the
13provisions of this Act as may be deemed expedient. The
14Department shall require all surcharges collected under this
15Act to be reported on existing forms or combined forms,
16including, but not limited to, Form ST-1. Any overpayments
17received by the Department for liabilities reported on existing
18or combined returns shall be applied as an overpayment of
19retailers' occupation tax, use tax, service occupation tax, or
20service use tax liability.
21    (e) If a home rule municipality having a population in
22excess of 500,000 as of the effective date of this amendatory
23Act of the 97th General Assembly imposes an E911 surcharge
24under subsection (a-5) of Section 15 of this Act, then the
25Department shall pay to the State Treasurer all prepaid
26wireless E911 charges, penalties, and interest collected for

 

 

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1deposit into the Municipal Wireless Service Emergency Fund. All
2deposits into the Municipal Wireless Service Emergency Fund
3shall be held by the State Treasurer as ex officio custodian
4apart from all public moneys or funds of this State. Any
5interest attributable to moneys in the Fund must be deposited
6into the Fund. Moneys in the Municipal Wireless Service
7Emergency Fund are not subject to appropriation. On or before
8the 25th day of each calendar month, the Department shall
9prepare and certify to the Comptroller the amount available for
10disbursement to the home rule municipality out of the Municipal
11Wireless Service Emergency Fund. The amount to be paid to the
12Municipal Wireless Service Emergency Fund shall be the amount
13(not including credit memoranda) collected during the second
14preceding calendar month by the Department plus an amount the
15Department determines is necessary to offset any amounts which
16were erroneously paid to a different taxing body. The amount
17paid to the Municipal Wireless Service Emergency Fund shall not
18include any amount equal to the amount of refunds made during
19the second preceding calendar month by the Department to
20retailers under this Act or any amount that the Department
21determines is necessary to offset any amounts which were
22payable to a different taxing body but were erroneously paid to
23the Municipal Wireless Service Emergency Fund. Within 10 days
24after receipt by the Comptroller of the certification provided
25for in this subsection, the Comptroller shall cause the orders
26to be drawn for the respective amounts in accordance with the

 

 

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1directions in the certification. The Department may deduct an
2amount, not to exceed 3% during the first year following the
3effective date of this amendatory Act of the 97th General
4Assembly and not to exceed 2% during every year thereafter of
5remitted charges, to be transferred into the Tax Compliance and
6Administration Fund to reimburse the Department for its direct
7costs of administering the collection and remittance of prepaid
8wireless 9-1-1 surcharges.
9(Source: P.A. 97-463, eff. 1-1-12; 97-748, eff. 7-6-12.)
 
10
ARTICLE III

 
11    Section 3-99. Effective date. This Act takes effect upon
12becoming law, except that Article II of this Act takes effect
13on January 1, 2016.".