Illinois General Assembly - Full Text of SB2674
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Full Text of SB2674  98th General Assembly

SB2674eng 98TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by adding
5Section 5.855 as follows:
 
6    (30 ILCS 105/5.855 new)
7    Sec. 5.855. The Poison Response Fund.
 
8    Section 10. The Wireless Emergency Telephone Safety Act is
9amended by changing Sections 5, 10, 17, 20, 35, and 70 and by
10adding Sections 90 and 95 as follows:
 
11    (50 ILCS 751/5)
12    (Section scheduled to be repealed on July 1, 2014)
13    Sec. 5. Purpose. The General Assembly finds and declares it
14is in the public interest to promote the use of wireless 9-1-1
15and wireless enhanced 9-1-1 (E9-1-1) service in order to save
16lives and protect the property of the citizens of the State of
17Illinois.
18    Wireless carriers are required by the Federal
19Communications Commission (FCC) to provide E9-1-1 service in
20the form of automatic location identification and automatic
21number identification pursuant to policies set forth by the

 

 

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1FCC.
2    Public safety agencies and wireless carriers are
3encouraged to work together to provide emergency access to
4wireless 9-1-1 and wireless E9-1-1 service. Public safety
5agencies and wireless carriers operating wireless 9-1-1 and
6wireless E9-1-1 systems require adequate funding to recover the
7costs of designing, purchasing, installing, testing, and
8operating enhanced facilities, systems, and services necessary
9to comply with the wireless E9-1-1 requirements mandated by the
10Federal Communications Commission and to maximize the
11availability of wireless E9-1-1 services throughout the State
12of Illinois.
13    The revenues generated by the wireless carrier surcharge
14enacted by this Act are required to fund the efforts of the
15wireless carriers, emergency telephone system boards,
16qualified governmental entities, human poison control centers,
17and the Department of State Police to improve the public
18health, safety, and welfare and to serve a public purpose by
19providing emergency telephone assistance through wireless
20communications.
21    It is the intent of the General Assembly to:
22        (1) establish and implement a cohesive statewide
23    emergency telephone number that will provide wireless
24    telephone users with rapid direct access to public safety
25    agencies by dialing the telephone number 9-1-1;
26        (2) encourage wireless carriers and public safety

 

 

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1    agencies to provide E9-1-1 services that will assist public
2    safety agencies in determining the caller's approximate
3    location and wireless telephone number;
4        (3) grant authority to public safety agencies not
5    already in possession of the authority to finance the cost
6    of installing and operating wireless 9-1-1 systems and
7    reimbursing wireless carriers for costs incurred to
8    provide wireless E9-1-1 services; and
9        (3.5) provide rapid direct access to poison-related
10    information and advice from human poison control centers to
11    public safety agencies, health care providers, and the
12    general public; and
13        (4) provide for a reasonable fee on wireless telephone
14    service subscribers to accomplish these purposes and
15    provide for the enforcement and collection of such fees.
16(Source: P.A. 95-63, eff. 8-13-07.)
 
17    (50 ILCS 751/10)
18    (Section scheduled to be repealed on July 1, 2014)
19    Sec. 10. Definitions. In this Act:
20    "Emergency telephone system board" means a board appointed
21by the corporate authorities of any county or municipality that
22provides for the management and operation of a 9-1-1 system
23within the scope of the duties and powers prescribed by the
24Emergency Telephone System Act.
25    "Human poison control center" shall have the meaning

 

 

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1provided in Section 10 of the Poison Control System Act.
2Services provided by a human poison control center shall be
3provided as, and constitute, an enhancement to 9-1-1 services
4pursuant to 47 U.S.C. 615a-1(f)(1).
5    "Master street address guide" means the computerized
6geographical database that consists of all street and address
7data within a 9-1-1 system.
8    "Mobile telephone number" or "MTN" shall mean the telephone
9number assigned to a wireless telephone at the time of initial
10activation.
11    "Prepaid wireless telecommunications service" means
12wireless telecommunications service that allows a caller to
13dial 9-1-1 to access the 9-1-1 system, which service must be
14paid for in advance and is sold in predetermined units or
15dollars which the amount declines with use in a known amount.
16    "Public safety agency" means a functional division of a
17public agency that provides fire fighting, police, medical, or
18other emergency services. For the purpose of providing wireless
19service to users of 9-1-1 emergency services, as expressly
20provided for in this Act, the Department of State Police may be
21considered a public safety agency.
22    "Qualified governmental entity" means a unit of local
23government authorized to provide 9-1-1 services pursuant to the
24Emergency Telephone System Act where no emergency telephone
25system board exists.
26    "Remit period" means the billing period, one month in

 

 

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1duration, for which a wireless carrier remits a surcharge and
2provides subscriber information by zip code to the Illinois
3Commerce Commission, in accordance with Section 17 of this Act.
4    "Statewide wireless emergency 9-1-1 system" means all
5areas of the State where an emergency telephone system board
6or, in the absence of an emergency telephone system board, a
7qualified governmental entity has not declared its intention
8for one or more of its public safety answering points to serve
9as a primary wireless 9-1-1 public safety answering point for
10its jurisdiction. The operator of the statewide wireless
11emergency 9-1-1 system shall be the Department of State Police.
12    "Wireless carrier" means a provider of two-way cellular,
13broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
14Mobile Radio Service (CMRS), Wireless Communications Service
15(WCS), or other Commercial Mobile Radio Service (CMRS), as
16defined by the Federal Communications Commission, offering
17radio communications that may provide fixed, mobile, radio
18location, or satellite communication services to individuals
19or businesses within its assigned spectrum block and
20geographical area or that offers real-time, two-way voice
21service that is interconnected with the public switched
22network, including a reseller of such service.
23    "Wireless enhanced 9-1-1" means the ability to relay the
24telephone number of the originator of a 9-1-1 call and location
25information from any mobile handset or text telephone device
26accessing the wireless system to the designated wireless public

 

 

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1safety answering point as set forth in the order of the Federal
2Communications Commission, FCC Docket No. 94-102, adopted June
312, 1996, with an effective date of October 1, 1996, and any
4subsequent amendment thereto.
5    "Wireless public safety answering point" means the
6functional division of an emergency telephone system board,
7qualified governmental entity, or the Department of State
8Police accepting wireless 9-1-1 calls.
9    "Wireless subscriber" means an individual or entity to whom
10a wireless service account or number has been assigned by a
11wireless carrier, other than an account or number associated
12with prepaid wireless telecommunication service.
13(Source: P.A. 97-463, eff. 1-1-12.)
 
14    (50 ILCS 751/17)
15    (Section scheduled to be repealed on July 1, 2014)
16    Sec. 17. Wireless carrier surcharge.
17    (a) Except as provided in Sections 45 and 80, each wireless
18carrier shall impose a monthly wireless carrier surcharge per
19CMRS connection that either has a telephone number within an
20area code assigned to Illinois by the North American Numbering
21Plan Administrator or has a billing address in this State. No
22wireless carrier shall impose the surcharge authorized by this
23Section upon any subscriber who is subject to the surcharge
24imposed by a unit of local government pursuant to Section 45.
25Prior to January 1, 2008 (the effective date of Public Act

 

 

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195-698), the surcharge amount shall be the amount set by the
2Wireless Enhanced 9-1-1 Board. Beginning on January 1, 2008
3(the effective date of Public Act 95-698), the monthly
4surcharge imposed under this Section shall be $0.73 per CMRS
5connection. The wireless carrier that provides wireless
6service to the subscriber shall collect the surcharge from the
7subscriber. For mobile telecommunications services provided on
8and after August 1, 2002, any surcharge imposed under this Act
9shall be imposed based upon the municipality or county that
10encompasses the customer's place of primary use as defined in
11the Mobile Telecommunications Sourcing Conformity Act. The
12surcharge shall be stated as a separate item on the
13subscriber's monthly bill. The wireless carrier shall begin
14collecting the surcharge on bills issued within 90 days after
15the Wireless Enhanced 9-1-1 Board sets the monthly wireless
16surcharge. State and local taxes shall not apply to the
17wireless carrier surcharge.
18    (b) Except as provided in Sections 45 and 80, a wireless
19carrier shall, within 45 days of collection, remit, either by
20check or by electronic funds transfer, to the State Treasurer
21the amount of the wireless carrier surcharge collected from
22each subscriber. Of the amounts remitted under this subsection
23prior to January 1, 2008 (the effective date of Public Act
2495-698), and for surcharges imposed before January 1, 2008 (the
25effective date of Public Act 95-698) but remitted after January
261, 2008, the State Treasurer shall deposit one-third into the

 

 

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1Wireless Carrier Reimbursement Fund and two-thirds into the
2Wireless Service Emergency Fund. For surcharges collected and
3remitted on or after January 1, 2008 (the effective date of
4Public Act 95-698), $0.1475 per surcharge collected shall be
5deposited into the Wireless Carrier Reimbursement Fund, and
6$0.5825 per surcharge collected shall be deposited into the
7Wireless Service Emergency Fund. Of the amounts deposited into
8the Wireless Carrier Reimbursement Fund under this subsection,
9$0.01 per surcharge collected may be distributed to the
10carriers to cover their administrative costs. Of the amounts
11deposited into the Wireless Service Emergency Fund under this
12subsection, $0.01 per surcharge collected may be disbursed to
13the Illinois Commerce Commission to cover its administrative
14costs.
15    For surcharges collected and remitted from July 1, 2014
16through June 30, 2016, $0.07 per surcharge collected shall be
17deposited into the Wireless Carrier Reimbursement Fund, $0.615
18per surcharge collected shall be deposited into the Wireless
19Service Emergency Fund, $0.02 per surcharge collected shall be
20deposited into the Wireless Service Emergency Fund and
21distributed on a pro-rata basis based on number of wireless
22subscribers to County Emergency Telephone System Boards in
23counties with a population under 100,000 according to the most
24recent census data, $0.015 per surcharge collected shall be
25deposited into the Poison Response Fund for distribution
26monthly to a human poison control center as defined in Section

 

 

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110 of the Poison Control System Act, and $0.01 per surcharge
2collected shall be deposited into the Public Utility Fund to
3defray expenses incurred by the Illinois Commerce Commission
4related to the oversight and coordination of 9-1-1 systems,
5oversight of the Poison Response Fund, and public safety. Of
6the amounts deposited into the Wireless Carrier Reimbursement
7Fund under this subsection, $0.01 per surcharge collected may
8be distributed to the carriers to cover their administrative
9costs.
10    For surcharges collected and remitted from July 1, 2016
11through June 30, 2018, $0.03 per surcharge collected shall be
12deposited into the Wireless Carrier Reimbursement Fund,
13$0.6375 per surcharge collected shall be deposited into the
14Wireless Service Emergency Fund, $0.03 per surcharge collected
15shall be deposited into the Wireless Service Emergency Fund and
16distributed on a pro-rata basis based on number of wireless
17subscribers to County Emergency Telephone System Boards in
18counties with a population under 100,000 according to the most
19recent census data, and $0.0175 per surcharge collected shall
20be deposited into the Poison Response Fund for distribution
21monthly to a human poison control center as defined in Section
2210 of the Poison Control System Act, and $0.015 per surcharge
23collected shall be deposited into the Public Utility Fund to
24defray expenses incurred by the Illinois Commerce Commission
25related to the oversight and coordination of 9-1-1 systems,
26oversight of the Poison Response Fund, and public safety. Of

 

 

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1the amounts deposited into the Wireless Carrier Reimbursement
2Fund under this subsection, $0.01 per surcharge collected may
3be distributed to the carriers to cover their administrative
4costs.
5    For surcharges collected and remitted on and after July 1,
62018, $0.01 per surcharge collected shall be deposited into the
7Wireless Carrier Reimbursement Fund to reimburse wireless
8carriers with fewer than 50,000 customers in Illinois,
9including all customers of carriers under common ownership,
10$0.655 per surcharge collected shall be deposited into the
11Wireless Service Emergency Fund, $0.03 per surcharge collected
12shall be deposited into the Wireless Service Emergency Fund and
13distributed on a pro-rata basis based on number of wireless
14subscribers to County Emergency Telephone System Boards in
15counties with a population under 100,000 according to the most
16recent census data, $0.02 per surcharge collected shall be
17deposited into the Poison Response Fund for distribution
18monthly to a human poison control center as defined in Section
1910 of the Poison Control System Act, and $0.015 per surcharge
20collected shall be deposited into the Public Utility Fund to
21defray expenses incurred by the Illinois Commerce Commission
22related to the oversight and coordination of 9-1-1 systems,
23oversight of the Poison Response Fund, and other expenses
24related to public safety.
25    (c) The first such remittance by wireless carriers shall
26include the number of wireless subscribers by zip code, and the

 

 

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19-digit zip code if currently being used or later implemented
2by the carrier, that shall be the means by which the Illinois
3Commerce Commission shall determine distributions from the
4Wireless Service Emergency Fund. This information shall be
5updated no less often than every year. Wireless carriers are
6not required to remit surcharge moneys that are billed to
7subscribers but not yet collected. Any carrier that fails to
8provide the zip code information required under this subsection
9(c) shall be subject to the penalty set forth in subsection (f)
10of this Section.
11    (d) Any funds collected under the Prepaid Wireless 9-1-1
12Surcharge Act shall be distributed using a prorated method
13based upon zip code information collected from post-paid
14wireless carriers under subsection (c) of this Section.
15    (e) If before midnight on the last day of the third
16calendar month after the closing date of the remit period a
17wireless carrier does not remit the surcharge or any portion
18thereof required under this Section, then the surcharge or
19portion thereof shall be deemed delinquent until paid in full,
20and the Illinois Commerce Commission may impose a penalty
21against the carrier in an amount equal to the greater of:
22        (1) $25 for each month or portion of a month from the
23    time an amount becomes delinquent until the amount is paid
24    in full; or
25        (2) an amount equal to the product of 1% and the sum of
26    all delinquent amounts for each month or portion of a month

 

 

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1    that the delinquent amounts remain unpaid.
2    A penalty imposed in accordance with this subsection (e)
3for a portion of a month during which the carrier provides the
4number of subscribers by zip code as required under subsection
5(c) of this Section shall be prorated for each day of that
6month during which the carrier had not provided the number of
7subscribers by zip code as required under subsection (c) of
8this Section. Any penalty imposed under this subsection (e) is
9in addition to the amount of the delinquency and is in addition
10to any other penalty imposed under this Section.
11    (f) If, before midnight on the last day of the third
12calendar month after the closing date of the remit period, a
13wireless carrier does not provide the number of subscribers by
14zip code as required under subsection (c) of this Section, then
15the report is deemed delinquent and the Illinois Commerce
16Commission may impose a penalty against the carrier in an
17amount equal to the greater of:
18        (1) $25 for each month or portion of a month that the
19    report is delinquent; or
20        (2) an amount equal to the product of 1/2˘ and the
21    number of subscribers served by the wireless carrier. On
22    and after July 1, 2014, an amount equal to the product of
23    $0.01 and the number of subscribers served by the wireless
24    carrier.
25    A penalty imposed in accordance with this subsection (f)
26for a portion of a month during which the carrier pays the

 

 

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1delinquent amount in full shall be prorated for each day of
2that month that the delinquent amount was paid in full. A
3penalty imposed and collected in accordance with this
4subsection (f) shall be deposited into the Wireless Service
5Emergency Fund. Any penalty imposed under this subsection (f)
6is in addition to any other penalty imposed under this Section.
7    (g) The Illinois Commerce Commission may enforce the
8collection of any delinquent amount and any penalty due and
9unpaid under this Section by legal action or in any other
10manner by which the collection of debts due the State of
11Illinois may be enforced under the laws of this State. The
12Executive Director of the Illinois Commerce Commission, or his
13or her designee, may excuse the payment of any penalty imposed
14under this Section if the Executive Director, or his or her
15designee, determines that the enforcement of this penalty is
16unjust.
17    (h) Notwithstanding any provision of law to the contrary,
18nothing shall impair the right of wireless carriers to recover
19compliance costs for all emergency communications services
20that are not reimbursed out of the Wireless Carrier
21Reimbursement Fund directly from their wireless subscribers
22via line-item charges on the wireless subscriber's bill. Those
23compliance costs include all costs incurred by wireless
24carriers in complying with local, State, and federal regulatory
25or legislative mandates that require the transmission and
26receipt of emergency communications to and from the general

 

 

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1public, including, but not limited to, E-911.
2    (i) The Auditor General shall conduct and present to the
3General Assembly, on an annual basis, an audit of the Wireless
4Service Emergency Fund, the Poison Response Fund, and the
5Wireless Carrier Reimbursement Fund for compliance with the
6requirements of this Act. The audit shall include, but not be
7limited to, the following determinations:
8        (1) Whether the Commission is maintaining detailed
9    records of all receipts and disbursements from the Wireless
10    Carrier Emergency Fund, the Poison Response Fund, and the
11    Wireless Carrier Reimbursement Fund.
12        (2) Whether the Commission's administrative costs
13    charged to the funds are adequately documented and are
14    reasonable.
15        (3) Whether the Commission's procedures for making
16    grants and providing reimbursements in accordance with the
17    Act are adequate.
18        (4) The status of the implementation of wireless 9-1-1
19    and E9-1-1 services in Illinois.
20        (5) The status of human poison response services in
21    Illinois.
22    The Commission, the Department of State Police, and any
23other entity or person that may have information relevant to
24the audit shall cooperate fully and promptly with the Office of
25the Auditor General in conducting the audit. The Auditor
26General shall commence the audit as soon as possible and

 

 

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1distribute the report upon completion in accordance with
2Section 3-14 of the Illinois State Auditing Act.
3    (j) The Illinois Commerce Commission shall create uniform
4accounting procedures that any entity that receives funds from
5the Wireless Service Emergency Fund must follow as a condition
6of receiving funds from the Wireless Service Emergency Fund.
7The Illinois Commerce Commission shall require an annual audit
8of total income and expenditures from any entity that receives
9funds from the Wireless Service Emergency Fund. An entity that
10receives funds from the Wireless Service Emergency Fund is
11responsible for any costs associated with the annual audit. The
12audit report shall require the inclusion of a copy of detailed
13financial statements of all revenue received by the entity,
14including but not limited to, local, State, federal, and
15private revenues, and any other funds received, and detailed
16expenditure reports for capital, operating, personnel, travel,
17technology, and any other expenditures related, directly or
18indirectly, to the operations of the entity. The Illinois
19Commerce Commission shall make the annual audit information
20available to the public and publish the individual audit
21reports online. Within 12 months of the effective date of this
22amendatory Act of the 98th General Assembly, the Illinois
23Commerce Commission shall issue guidelines for the collection
24and reporting of financial statements for all entities
25receiving funds from the Wireless Service Emergency Fund and
26make recommendations to the General Assembly.

 

 

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1    The Illinois Commerce Commission shall create uniform
2accounting procedures that any entity that receives funds from
3the Poison Response Fund must follow as a condition of
4receiving funds from the Poison Response Fund. The Illinois
5Commerce Commission shall require an annual audit of total
6income and expenditures related directly, or indirectly, to the
7operation of the human poison control center, from any entity
8that receives funds from the Poison Response Fund. The audit
9report shall require the inclusion of a copy of detailed
10financial statements of all revenue received for the operation
11of the human poison control center by an entity seeking funds
12from the Poison Response Fund, including, but not limited to,
13local, State, federal, and private revenues, and any other
14funds received, and detailed expenditure reports for capital,
15operating, personnel, travel, technology and any other
16expenditures related, directly or indirectly, to the
17operations of the human poison control center. The Illinois
18Commerce Commission shall make the annual audit information
19available to the public and publish the individual audit
20reports online. Within 12 months of the effective date of this
21amendatory Act of the 98th General Assembly, the Illinois
22Commerce Commission shall issue guidelines for the collection
23and reporting of financial statements for any entity receiving
24funds from the Poison Response Fund and make recommendations to
25the General Assembly.
26    Monthly proportional grants of funds to an authorized

 

 

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1entity under Section 25 of this Act will be made only in
2accordance with this Section and Section 25 of this Act.
3    (1) Failure by an emergency telephone system board or
4qualified governmental entity to file the 9-1-1 system
5financial report as required under this Section will result in
6the suspension of payment and withholding by the Commission of
7monthly proportional grants otherwise due the emergency
8telephone system board or qualified governmental entity under
9Section 25 of this Act until the report is filed by the
10emergency telephone system board or qualified governmental
11entity.
12    (2) Any monthly proportional grants that have been withheld
13for 12 months or more shall be forfeited by the emergency
14telephone system board or qualified governmental entity and may
15be distributed proportionally to compliant emergency telephone
16system boards and qualified governmental entities.
17    (3) The Commission, acting through its Executive Director
18or his or her designee, may in his discretion waive any
19requirement of this Section for good cause shown.
20(Source: P.A. 97-463, eff. 1-1-12.)
 
21    (50 ILCS 751/20)
22    (Section scheduled to be repealed on July 1, 2014)
23    Sec. 20. Wireless Service Emergency Fund; uses. The
24Wireless Service Emergency Fund is created as a special fund in
25the State treasury. Subject to appropriation, moneys in the

 

 

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1Wireless Service Emergency Fund may only be used for grants for
2emergency telephone system boards, qualified government
3entities, or the Department of State Police. These grants may
4be used only for the design, implementation, operation,
5maintenance, or upgrade of wireless 9-1-1 or E9-1-1 emergency
6services and public safety answering points, and for no other
7purposes.
8    The moneys received by the Department of State Police from
9the Wireless Service Emergency Fund, in any year, may be used
10for any costs relating to the leasing, modification, or
11maintenance of any building or facility used to house personnel
12or equipment associated with the operation of wireless 9-1-1 or
13wireless E9-1-1 emergency services, to ensure service in those
14areas where service is not otherwise provided.
15    Moneys received by a emergency telephone system board or
16qualified governmental entity under this Act shall pay for the
17costs directly attributable to 9-1-1 call delivery, 9-1-1 call
18taking, and 9-1-1 call dispatch. Such moneys may not be used to
19pay for any of the following purposes:
20        (1) Personnel costs of law enforcement, fire,
21    emergency medical services and emergency responders,
22    emergency management staff, or shared support or technical
23    staff, except for portions of time of 9-1-1 staff directly
24    attributable to 9-1-1 call delivery, 9-1-1 call taking, or
25    9-1-1 call dispatch.
26        (2) Facility and capital costs of law enforcement,

 

 

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1    fire, emergency medical services, emergency management, or
2    other municipal facilities, except for that portion of such
3    facilities housing a 9-1-1 call center.
4        (3) Training for staff not directly involved in 9-1-1
5    call delivery, 9-1-1 call taking, or 9-1-1 call dispatch,
6    or for any staff training on courses not directly
7    attributable to 9-1-1 call delivery, 9-1-1 call taking, or
8    9-1-1 call dispatch.
9        (4) Memberships for staff not involved directly in
10    9-1-1 call delivery, 9-1-1 call taking, or 9-1-1 call
11    dispatch, or for associations with a primary purpose other
12    than public safety communications.
13        (5) Hardware, software, connectivity, and
14    non-emergency N-1-1 systems or outbound notifications
15    systems not attributable to 9-1-1 call delivery, 9-1-1 call
16    taking, or 9-1-1 call dispatch. For purposes of this
17    paragraph (5), "N-1-1 systems" means a telephone number
18    ending in "1-1", other than 9-1-1, used to designate a
19    non-emergency information or access telephone system.
20        (6) Vehicle costs, including, but not limited to, costs
21    for fleet vehicles, pool cars, mileage reimbursement, and
22    for vehicle costs for law enforcement, fire or emergency
23    medical service responders, such as patrol cars, fire
24    apparatus, and ambulances.
25        (7) Professional services not directly attributable to
26    9-1-1 call delivery, 9-1-1 call taking, or 9-1-1 call

 

 

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1    dispatch.
2        (8) Public information and education expenses not
3    directly attributable to 9-1-1 call delivery, 9-1-1 call
4    taking, or 9-1-1 call dispatch.
5        (9) Any other costs the Illinois Commerce Commission
6    deems by rule unallowable.
7    Moneys from the Wireless Service Emergency Fund may not be
8used to pay for or recover any costs associated with public
9safety agency equipment or personnel dispatched in response to
10wireless 9-1-1 or wireless E9-1-1 emergency calls.
11(Source: P.A. 91-660, eff. 12-22-99.)
 
12    (50 ILCS 751/35)
13    (Section scheduled to be repealed on July 1, 2014)
14    Sec. 35. Wireless Carrier Reimbursement Fund;
15reimbursement.
16    (a) To recover costs from the Wireless Carrier
17Reimbursement Fund, the wireless carrier shall submit sworn
18invoices to the Illinois Commerce Commission. In no event may
19any invoice for payment be approved for (i) costs that are not
20related to compliance with the requirements established by the
21wireless enhanced 9-1-1 mandates of the Federal Communications
22Commission, or (ii) costs with respect to any wireless enhanced
239-1-1 service that is not operable at the time the invoice is
24submitted, or (iii) costs in excess of the sum of (A) the
25carrier's balance, as determined under subsection (e) of this

 

 

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1Section, plus (B) 100% of the surcharge remitted to the
2Wireless Carrier Reimbursement Fund by the wireless carrier
3under Section 17(b) since the last annual review of the balance
4in the Wireless Carrier Reimbursement Fund under subsection (e)
5of this Section, less reimbursements paid to the carrier out of
6the Wireless Carrier Reimbursement Fund since the last annual
7review of the balance under subsection (e) of this Section,
8unless the wireless carrier received prior approval for the
9expenditures from the Illinois Commerce Commission.
10    (a-1) Invoices submitted by wireless carriers before
11January 1, 2014 in accordance with subsection (a) of this
12Section that have not been previously approved for payment and
13paid in full by the Illinois Commerce Commission per the
14Commission's approval, shall be paid quarterly commencing on
15the fifteenth day of the calendar month which is 90 days after
16the effective date of this amendatory Act of the 98th General
17Assembly, using funds then in the Wireless Carrier
18Reimbursement Fund, to the extent available. If, in any
19quarter, the total amount of invoices submitted to the Illinois
20Commerce Commission in accordance with this subsection and
21approved for payment exceeds the amount available in the
22Wireless Carrier Reimbursement Fund, wireless carriers that
23have any such invoices approved for payment shall receive a
24pro-rata share of the amount available in the Wireless Carrier
25Reimbursement Fund based on the relative amount of their
26approved invoices available that quarter, and the balance of

 

 

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1the payments shall be carried forward into the following
2quarters until all of the approved payments are made. Within 90
3days from the effective date of this amendatory Act of the 98th
4General Assembly, the Illinois Commerce Commission shall
5submit a voucher or vouchers to the Illinois State Comptroller
6in accordance with the requirements of this subsection.
7    (a-2) In addition to the requirements in subsection (a) of
8this Section, in no event may any invoice for payment submitted
9on and after January 1, 2014 be approved for costs in excess of
10the sum of: (1) the carrier's balance, as determined under
11subsection (e) of this Section, plus (2) 100% of the surcharge
12remitted to the Wireless Carrier Reimbursement Fund by the
13wireless carrier under Section 17(b) of this Act since the last
14annual review of the balance in the Wireless Carrier
15Reimbursement Fund under subsection (e) of this Section, less
16(3) reimbursements paid to the carrier out of the Wireless
17Carrier Reimbursement Fund since the last annual review of the
18balance under subsection (e) of this Section. On and after July
191, 2018, wireless carriers with less than 50,000 customers,
20including all customers of companies under common ownership,
21are eligible for full reimbursement subject to the limitations
22of subsection (a-1) of this Section.
23    (b) If in any quarter month the total amount of invoices
24submitted to the Illinois Commerce Commission in accordance
25with subsection (a-2) and approved for payment exceeds the
26amount available in the Wireless Carrier Reimbursement Fund,

 

 

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1wireless carriers that have invoices approved for payment shall
2receive a pro-rata share of the amount available in the
3Wireless Carrier Reimbursement Fund based on the relative
4amount of their approved invoices available that quarter month,
5and the balance of the payments shall be carried forward into
6the following quarters months until all of the approved
7payments are made.
8    (c) A wireless carrier may not receive payment from the
9Wireless Carrier Reimbursement Fund for its costs of providing
10wireless enhanced 9-1-1 services in an area when a unit of
11local government or emergency telephone system board provides
12wireless 9-1-1 services in that area and was imposing and
13collecting a wireless carrier surcharge prior to July 1, 1998.
14    (d) The Illinois Commerce Commission shall maintain
15detailed records of all receipts and disbursements and shall
16provide an annual accounting of all receipts and disbursements
17to the Auditor General.
18    (e) The Illinois Commerce Commission must annually review
19the balance in the Wireless Carrier Reimbursement Fund as of
20June 30 of each year and shall direct the Comptroller to
21transfer into the Wireless Services Emergency Fund for
22distribution in accordance with Section 25 of this Act any
23amount in excess of the amount of deposits into the Fund for
24the 24 months prior to June 30 less:
25        (1) the amount of paid and payables received by June 30
26    for the 24 months prior to June 30 as determined eligible

 

 

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1    under subsection (a) and, as applicable, subsection (a-2)
2    of this Section;
3        (2) the administrative costs associated with the Fund
4    for the 24 months prior to June 30; and
5        (3) the prorated portion of any other adjustments made
6    to the Fund in the 24 months prior to June 30.
7    After making the calculation required under this
8subsection (e), each carrier's available balance for purposes
9of reimbursements must be adjusted using the same calculation.
10    (f) The Illinois Commerce Commission shall adopt rules to
11govern the reimbursement process.
12    (g) On January 1, 2008 (the effective date of Public Act
1395-698), or as soon thereafter as practical, the State
14Comptroller shall order transferred and the State Treasurer
15shall transfer the sum of $8,000,000 from the Wireless Carrier
16Reimbursement Fund to the Wireless Service Emergency Fund. That
17amount shall be used by the Illinois Commerce Commission to
18make grants in the manner described in Section 25 of this Act.
19(Source: P.A. 95-63, eff. 8-13-07; 95-698, eff. 1-1-08; 95-876,
20eff. 8-21-08.)
 
21    (50 ILCS 751/70)
22    (Section scheduled to be repealed on July 1, 2014)
23    Sec. 70. Repealer. This Act is repealed on July 1, 2018
242014.
25(Source: P.A. 97-1163, eff. 2-4-13; 98-45, eff. 6-28-13.)
 

 

 

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1    (50 ILCS 751/90 new)
2    Sec. 90. Poison Response Fund. The Poison Response Fund is
3created as a special fund in the State treasury. Subject to
4appropriation, moneys in the Poison Response Fund may only be
5used as described in subsection (b) of Section 17 of this Act.
 
6    (50 ILCS 751/95 new)
7    Sec. 95. Fund sweeps. Notwithstanding any provision of law
8to the contrary, the Wireless Carrier Reimbursement Fund is not
9subject to sweeps, administrative charge-backs, or any other
10fiscal or budgetary maneuver that would in any way transfer any
11amount from that Fund into any other fund of the State with the
12exception of the Wireless Services Emergency Fund. The Illinois
13Commerce Commission shall remain obligated to comply with the
14requirements of subsection (b) of Section 35 of the Wireless
15Emergency Telephone Safety Act, and transfers to the Wireless
16Services Emergency Fund pursuant thereto shall not be deemed to
17be sweeps, administrative charge-backs, or other fiscal or
18budgetary maneuvers as otherwise prohibited by this Section.
 
19    Section 15. The Public Utilities Act is amended by changing
20Sections 13-900, 13-900.1, 13-900.3, and 13-1200 as follows:
 
21    (220 ILCS 5/13-900)
22    (Section scheduled to be repealed on July 1, 2015)

 

 

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1    Sec. 13-900. Authority to serve as 9-1-1 system provider;
2rules.
3    (a) The General Assembly finds that it is necessary to
4require the certification of 9-1-1 system providers to ensure
5the safety of the lives and property of Illinoisans and
6Illinois businesses, and to otherwise protect and promote the
7public safety, health, and welfare of the citizens of this
8State and their property.
9    (b) For purposes of this Section:
10        "9-1-1 system" has the same meaning as that term is
11    defined in Section 2.19 of the Emergency Telephone System
12    Act.
13        "9-1-1 system provider" means any person, corporation,
14    limited liability company, partnership, sole
15    proprietorship, or entity of any description whatever that
16    acts as a system provider within the meaning of Section
17    2.18 of the Emergency Telephone System Act.
18        "Emergency Telephone System Board" has the same
19    meaning as that term is defined in Sections 2.11 and 15.4
20    of the Emergency Telephone System Act.
21        "Public safety agency personnel" means personnel
22    employed by a public safety agency, as that term is defined
23    in Section 2.02 of the Emergency Telephone System Act,
24    whose responsibilities include responding to requests for
25    emergency services.
26    (c) Except as otherwise provided in this Section, beginning

 

 

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1July 1, 2010, it is unlawful for any 9-1-1 system provider to
2offer or provide or seek to offer or provide to any emergency
3telephone system board or 9-1-1 system, or agent,
4representative, or designee thereof, any network and database
5service used or intended to be used by any emergency telephone
6system board or 9-1-1 system for the purpose of answering,
7transferring, or relaying requests for emergency services, or
8dispatching public safety agency personnel in response to
9requests for emergency services, unless the 9-1-1 system
10provider has applied for and received a Certificate of 9-1-1
11System Provider Authority from the Commission. The Commission
12shall approve an application for a Certificate of 9-1-1 System
13Provider Authority upon a showing by the applicant, and a
14finding by the Commission, after notice and hearing, that the
15applicant possesses sufficient technical, financial, and
16managerial resources and abilities to provide network service
17and database services that it seeks authority to provide in its
18application for service authority, in a safe, continuous, and
19uninterrupted manner.
20    (d) No incumbent local exchange carrier that provides, as
21of the effective date of this amendatory Act of the 96th
22General Assembly, any 9-1-1 network and 9-1-1 database service
23used or intended to be used by any Emergency Telephone System
24Board or 9-1-1 system, shall be required to obtain a
25Certificate of 9-1-1 System Provider Authority under this
26Section. No entity that possesses, as of the effective date of

 

 

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1this amendatory Act of the 96th General Assembly, a Certificate
2of Service Authority and provides 9-1-1 network and 9-1-1
3database services to any incumbent local exchange carrier as of
4the effective date of this amendatory Act of the 96th General
5Assembly shall be required to obtain a Certificate of 9-1-1
6System Provider Authority under this Section.
7    (e) Any and all enforcement authority granted to the
8Commission under this Section shall apply exclusively to 9-1-1
9system providers granted a Certificate of Service Authority
10under this Section and shall not apply to incumbent local
11exchange carriers that are providing 9-1-1 service as of the
12effective date of this amendatory Act of the 96th General
13Assembly.
14    (f) This Section is repealed on July 1, 2016.
15(Source: P.A. 96-25, eff. 6-30-09.)
 
16    (220 ILCS 5/13-900.1)
17    (Section scheduled to be repealed on July 1, 2015)
18    Sec. 13-900.1. Authority over 9-1-1 rates and terms of
19service. Notwithstanding any other provision of this Article,
20the Commission retains its full authority over the rates and
21service quality as they apply to 9-1-1 system providers,
22including the Commission's existing authority over
23interconnection with 9-1-1 system providers and 9-1-1 systems.
24The rates, terms, and conditions for 9-1-1 service shall be
25tariffed and shall be provided in the manner prescribed by this

 

 

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1Act and shall be subject to the applicable laws, including
2rules or regulations adopted and orders issued by the
3Commission or the Federal Communications Commission. The
4Commission retains this full authority regardless of the
5technologies utilized or deployed by 9-1-1 system providers.
6    This Section is repealed on July 1, 2016.
7(Source: P.A. 96-927, eff. 6-15-10; 97-333, eff. 8-12-11.)
 
8    (220 ILCS 5/13-900.3)
9    (Section scheduled to be repealed on July 1, 2015)
10    Sec. 13-900.3. Regulatory flexibility for 9-1-1 system
11providers.
12    (a) For purposes of this Section, "Regional Pilot Project"
13to implement next generation 9-1-1 has the same meaning as that
14term is defined in Section 2.22 of the Emergency Telephone
15System Act.
16    (b) For the limited purpose of a Regional Pilot Project to
17implement next generation 9-1-1, as defined in Section 13-900
18of this Article, the Commission may forbear from applying any
19rule or provision of Section 13-900 as it applies to
20implementation of the Regional Pilot Project to implement next
21generation 9-1-1 if the Commission determines, after notice and
22hearing, that: (1) enforcement of the rule is not necessary to
23ensure the development and improvement of emergency
24communication procedures and facilities in such a manner as to
25be able to quickly respond to any person requesting 9-1-1

 

 

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1services from police, fire, medical, rescue, and other
2emergency services; (2) enforcement of the rule or provision is
3not necessary for the protection of consumers; and (3)
4forbearance from applying such provisions or rules is
5consistent with the public interest. The Commission may
6exercise such forbearance with respect to one, and only one,
7Regional Pilot Project as authorized by Sections 10 and 11 of
8the Emergency Telephone Systems Act to implement next
9generation 9-1-1.
10    (c) This Section is repealed on July 1, 2016.
11(Source: P.A. 96-1443, eff. 8-20-10; 97-333, eff. 8-12-11.)
 
12    (220 ILCS 5/13-1200)
13    (Section scheduled to be repealed on July 1, 2015)
14    Sec. 13-1200. Repealer. This Article, except for Sections
1513-900, 13-900.1, and 13-900.3, is repealed July 1, 2015.
16(Source: P.A. 98-45, eff. 6-28-13.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.