99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1398

 

Introduced , by Rep. Thaddeus Jones

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 3960/20 new
30 ILCS 105/5.866 new
50 ILCS 750/15.3  from Ch. 134, par. 45.3
50 ILCS 751/17
50 ILCS 751/45
605 ILCS 10/40 new

    Amends the Illinois Health Facilities Planning Act. Creates the South Suburban Trauma Center Fund. Provides for the construction of a south suburban trauma center. Provides that the Health Facilities Review Board, in consultation with the Department of Public Health, shall select a provider to operate and provide healthcare services to the trauma center. Amends the Emergency Telephone System Act and the Wireless Emergency Telephone Safety Act. Provides that from July 1, 2015 through June 30, 2025, all surcharges shall be increased by $0.02 to be deposited into the South Suburban Trauma Center Fund. Amends the Toll Highway Act. From July 2, 2015 through June 30, 2025, imposes a $1 surcharge at the toll booth known as Plaza 47 to be deposited into the South Suburban Trauma Center Fund. Amends the State Finance Act. Adds the South Suburban Trauma Center Fund.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Health Facilities Planning Act is
5amended by adding Section 20 as follows:
 
6    (20 ILCS 3960/20 new)
7    Sec. 20. South Suburban Trauma Center.
8    (a) There is created in the State Treasury a special fund
9known as the South Suburban Trauma Center Fund. The Fund shall
10receive revenue under of Section 15.3 of the Emergency
11Telephone System Act, Sections 17 and 40 of the Wireless
12Emergency Telephone Safety Act, and Section 40 of the Toll
13Highway Act.
14    (b) The Board, in consultation with the Department of
15Public Health, shall do each of the following:
16        (1) Designate the location of a south suburban trauma
17    center to be constructed using the funds collected and
18    deposited into the South Suburban Trauma Center Fund.
19        (2) Select the provider that shall operate and provide
20    healthcare services to the trauma center and enter into an
21    operational agreement with that provider that specifies
22    the terms of how the trauma center is to be run and
23    maintained.

 

 

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1        (3) Determine the sources of revenue to maintain the
2    trauma center.
 
3    Section 10. The State Finance Act is amended by adding
4Section 5.866 as follows:
 
5    (30 ILCS 105/5.866 new)
6    Sec. 5.866. The South Suburban Trauma Center Fund.
 
7    Section 15. The Emergency Telephone System Act is amended
8by changing Section 15.3 as follows:
 
9    (50 ILCS 750/15.3)  (from Ch. 134, par. 45.3)
10    Sec. 15.3. Surcharge.
11    (a) The corporate authorities of any municipality or any
12county may, subject to the limitations of subsections (c), (d),
13and (h), and in addition to any tax levied pursuant to the
14Simplified Municipal Telecommunications Tax Act, impose a
15monthly surcharge on billed subscribers of network connection
16provided by telecommunication carriers engaged in the business
17of transmitting messages by means of electricity originating
18within the corporate limits of the municipality or county
19imposing the surcharge at a rate per network connection
20determined in accordance with subsection (c), however the
21monthly surcharge shall not apply to a network connection
22provided for use with pay telephone services. Provided,

 

 

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1however, that where multiple voice grade communications
2channels are connected between the subscriber's premises and a
3public switched network through private branch exchange (PBX)
4or centrex type service, a municipality imposing a surcharge at
5a rate per network connection, as determined in accordance with
6this Act, shall impose:
7        (i) in a municipality with a population of 500,000 or
8    less or in any county, 5 such surcharges per network
9    connection, as determined in accordance with subsections
10    (a) and (d) of Section 2.12 of this Act, for both regular
11    service and advanced service provisioned trunk lines;
12        (ii) in a municipality with a population, prior to
13    March 1, 2010, of 500,000 or more, 5 surcharges per network
14    connection, as determined in accordance with subsections
15    (a) and (d) of Section 2.12 of this Act, for both regular
16    service and advanced service provisioned trunk lines;
17        (iii) in a municipality with a population, as of March
18    1, 2010, of 500,000 or more, 5 surcharges per network
19    connection, as determined in accordance with subsections
20    (a) and (d) of Section 2.12 of this Act, for regular
21    service provisioned trunk lines, and 12 surcharges per
22    network connection, as determined in accordance with
23    subsections (a) and (d) of Section 2.12 of this Act, for
24    advanced service provisioned trunk lines, except where an
25    advanced service provisioned trunk line supports at least 2
26    but fewer than 23 simultaneous voice grade calls ("VGC's"),

 

 

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1    a telecommunication carrier may elect to impose fewer than
2    12 surcharges per trunk line as provided in subsection (iv)
3    of this Section; or
4        (iv) for an advanced service provisioned trunk line
5    connected between the subscriber's premises and the public
6    switched network through a P.B.X., where the advanced
7    service provisioned trunk line is capable of transporting
8    at least 2 but fewer than 23 simultaneous VGC's per trunk
9    line, the telecommunications carrier collecting the
10    surcharge may elect to impose surcharges in accordance with
11    the table provided in this Section, without limiting any
12    telecommunications carrier's obligations to otherwise keep
13    and maintain records. Any telecommunications carrier
14    electing to impose fewer than 12 surcharges per an advanced
15    service provisioned trunk line shall keep and maintain
16    records adequately to demonstrate the VGC capability of
17    each advanced service provisioned trunk line with fewer
18    than 12 surcharges imposed, provided that 12 surcharges
19    shall be imposed on an advanced service provisioned trunk
20    line regardless of the VGC capability where a
21    telecommunications carrier cannot demonstrate the VGC
22    capability of the advanced service provisioned trunk line.
 
23Facility VGC's 911 Surcharges
24Advanced service provisioned trunk line 18-23 12
25Advanced service provisioned trunk line 12-17 10

 

 

 

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1Advanced service provisioned trunk line 2-11 8
2    Subsections (i), (ii), (iii), and (iv) are not intended to
3make any change in the meaning of this Section, but are
4intended to remove possible ambiguity, thereby confirming the
5intent of paragraph (a) as it existed prior to and following
6the effective date of this amendatory Act of the 97th General
7Assembly.
8    For mobile telecommunications services, if a surcharge is
9imposed it shall be imposed based upon the municipality or
10county that encompasses the customer's place of primary use as
11defined in the Mobile Telecommunications Sourcing Conformity
12Act. A municipality may enter into an intergovernmental
13agreement with any county in which it is partially located,
14when the county has adopted an ordinance to impose a surcharge
15as provided in subsection (c), to include that portion of the
16municipality lying outside the county in that county's
17surcharge referendum. If the county's surcharge referendum is
18approved, the portion of the municipality identified in the
19intergovernmental agreement shall automatically be
20disconnected from the county in which it lies and connected to
21the county which approved the referendum for purposes of a
22surcharge on telecommunications carriers.
23    (b) For purposes of computing the surcharge imposed by
24subsection (a), the network connections to which the surcharge
25shall apply shall be those in-service network connections,

 

 

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1other than those network connections assigned to the
2municipality or county, where the service address for each such
3network connection or connections is located within the
4corporate limits of the municipality or county levying the
5surcharge. Except for mobile telecommunication services, the
6"service address" shall mean the location of the primary use of
7the network connection or connections. For mobile
8telecommunication services, "service address" means the
9customer's place of primary use as defined in the Mobile
10Telecommunications Sourcing Conformity Act.
11    (c) Upon the passage of an ordinance to impose a surcharge
12under this Section the clerk of the municipality or county
13shall certify the question of whether the surcharge may be
14imposed to the proper election authority who shall submit the
15public question to the electors of the municipality or county
16in accordance with the general election law; provided that such
17question shall not be submitted at a consolidated primary
18election. The public question shall be in substantially the
19following form:
20-------------------------------------------------------------
21    Shall the county (or city, village
22or incorporated town) of ..... impose          YES
23a surcharge of up to ...¢ per month per
24network connection, which surcharge will
25be added to the monthly bill you receive   ------------------
26for telephone or telecommunications

 

 

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1charges, for the purpose of installing
2(or improving) a 9-1-1 Emergency               NO
3Telephone System?
4-------------------------------------------------------------
5    If a majority of the votes cast upon the public question
6are in favor thereof, the surcharge shall be imposed.
7    However, if a Joint Emergency Telephone System Board is to
8be created pursuant to an intergovernmental agreement under
9Section 15.4, the ordinance to impose the surcharge shall be
10subject to the approval of a majority of the total number of
11votes cast upon the public question by the electors of all of
12the municipalities or counties, or combination thereof, that
13are parties to the intergovernmental agreement.
14    The referendum requirement of this subsection (c) shall not
15apply to any municipality with a population over 500,000 or to
16any county in which a proposition as to whether a sophisticated
179-1-1 Emergency Telephone System should be installed in the
18county, at a cost not to exceed a specified monthly amount per
19network connection, has previously been approved by a majority
20of the electors of the county voting on the proposition at an
21election conducted before the effective date of this amendatory
22Act of 1987.
23    (d) A county may not impose a surcharge, unless requested
24by a municipality, in any incorporated area which has
25previously approved a surcharge as provided in subsection (c)
26or in any incorporated area where the corporate authorities of

 

 

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1the municipality have previously entered into a binding
2contract or letter of intent with a telecommunications carrier
3to provide sophisticated 9-1-1 service through municipal
4funds.
5    (e) A municipality or county may at any time by ordinance
6change the rate of the surcharge imposed under this Section if
7the new rate does not exceed the rate specified in the
8referendum held pursuant to subsection (c).
9    (f) The surcharge authorized by this Section shall be
10collected from the subscriber by the telecommunications
11carrier providing the subscriber the network connection as a
12separately stated item on the subscriber's bill.
13    (g) The amount of surcharge collected by the
14telecommunications carrier shall be paid to the particular
15municipality or county or Joint Emergency Telephone System
16Board not later than 30 days after the surcharge is collected,
17net of any network or other 9-1-1 or sophisticated 9-1-1 system
18charges then due the particular telecommunications carrier, as
19shown on an itemized bill. The telecommunications carrier
20collecting the surcharge shall also be entitled to deduct 3% of
21the gross amount of surcharge collected to reimburse the
22telecommunications carrier for the expense of accounting and
23collecting the surcharge.
24    (h) Except as expressly provided in subsection (a) of this
25Section, on or after the effective date of this amendatory Act
26of the 98th General Assembly and until July 1, 2015, a

 

 

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1municipality with a population of 500,000 or more shall not
2impose a monthly surcharge per network connection in excess of
3the highest monthly surcharge imposed as of January 1, 2014 by
4any county or municipality under subsection (c) of this
5Section. Except as otherwise provided under subsection (l), on
6On or after July 1, 2015, a municipality with a population over
7500,000 may not impose a monthly surcharge in excess of $2.50
8per network connection.
9    (i) Any municipality or county or joint emergency telephone
10system board that has imposed a surcharge pursuant to this
11Section prior to the effective date of this amendatory Act of
121990 shall hereafter impose the surcharge in accordance with
13subsection (b) of this Section.
14    (j) The corporate authorities of any municipality or county
15may issue, in accordance with Illinois law, bonds, notes or
16other obligations secured in whole or in part by the proceeds
17of the surcharge described in this Section. Notwithstanding any
18change in law subsequent to the issuance of any bonds, notes or
19other obligations secured by the surcharge, every municipality
20or county issuing such bonds, notes or other obligations shall
21be authorized to impose the surcharge as though the laws
22relating to the imposition of the surcharge in effect at the
23time of issuance of the bonds, notes or other obligations were
24in full force and effect until the bonds, notes or other
25obligations are paid in full. The State of Illinois pledges and
26agrees that it will not limit or alter the rights and powers

 

 

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1vested in municipalities and counties by this Section to impose
2the surcharge so as to impair the terms of or affect the
3security for bonds, notes or other obligations secured in whole
4or in part with the proceeds of the surcharge described in this
5Section.
6    (k) Any surcharge collected by or imposed on a
7telecommunications carrier pursuant to this Section shall be
8held to be a special fund in trust for the municipality, county
9or Joint Emergency Telephone Board imposing the surcharge.
10Except for the 3% deduction provided in subsection (g) above,
11the special fund shall not be subject to the claims of
12creditors of the telecommunication carrier.
13    (l) Notwithstanding any other provision of this Act to the
14contrary, from July 1, 2015 until June 30, 2025, a municipality
15that has imposed a surcharge under this Section shall increase
16the amount of that surcharge by $0.02. Surcharges collected and
17remitted under this subsection shall be deposited into the
18South Suburban Trauma Center Fund.
19(Source: P.A. 97-463, eff. 8-19-11; 98-634, eff. 6-6-14.)
 
20    Section 20. The Wireless Emergency Telephone Safety Act is
21amended by changing Sections 17 and 45 as follows:
 
22    (50 ILCS 751/17)
23    (Section scheduled to be repealed on July 1, 2015)
24    Sec. 17. Wireless carrier surcharge.

 

 

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1    (a) Except as provided in Sections 45 and 80, each wireless
2carrier shall impose a monthly wireless carrier surcharge per
3CMRS connection that either has a telephone number within an
4area code assigned to Illinois by the North American Numbering
5Plan Administrator or has a billing address in this State. No
6wireless carrier shall impose the surcharge authorized by this
7Section upon any subscriber who is subject to the surcharge
8imposed by a unit of local government pursuant to Section 45.
9Prior to January 1, 2008 (the effective date of Public Act
1095-698), the surcharge amount shall be the amount set by the
11Wireless Enhanced 9-1-1 Board. Beginning on January 1, 2008
12(the effective date of Public Act 95-698) through June 30,
132015, and beginning on July 1, 2025, the monthly surcharge
14imposed under this Section shall be $0.73 per CMRS connection.
15From July 1, 2015 through June 30, 2025, the monthly surcharge
16imposed under this Section shall be $0.75 per CMRS connection.
17The wireless carrier that provides wireless service to the
18subscriber shall collect the surcharge from the subscriber. For
19mobile telecommunications services provided on and after
20August 1, 2002, any surcharge imposed under this Act shall be
21imposed based upon the municipality or county that encompasses
22the customer's place of primary use as defined in the Mobile
23Telecommunications Sourcing Conformity Act. The surcharge
24shall be stated as a separate item on the subscriber's monthly
25bill. The wireless carrier shall begin collecting the surcharge
26on bills issued within 90 days after the Wireless Enhanced

 

 

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19-1-1 Board sets the monthly wireless surcharge. State and
2local taxes shall not apply to the wireless carrier surcharge.
3    (b) Except as provided in Sections 45 and 80, a wireless
4carrier shall, within 45 days of collection, remit, either by
5check or by electronic funds transfer, to the State Treasurer
6the amount of the wireless carrier surcharge collected from
7each subscriber. Of the amounts remitted under this subsection
8prior to January 1, 2008 (the effective date of Public Act
995-698), and for surcharges imposed before January 1, 2008 (the
10effective date of Public Act 95-698) but remitted after January
111, 2008, the State Treasurer shall deposit one-third into the
12Wireless Carrier Reimbursement Fund and two-thirds into the
13Wireless Service Emergency Fund. For surcharges collected and
14remitted on or after January 1, 2008 (the effective date of
15Public Act 95-698), $0.1475 per surcharge collected shall be
16deposited into the Wireless Carrier Reimbursement Fund, and
17$0.5825 per surcharge collected shall be deposited into the
18Wireless Service Emergency Fund. For surcharges collected and
19remitted on or after July 1, 2014, $0.05 per surcharge
20collected shall be deposited into the Wireless Carrier
21Reimbursement Fund, $0.66 per surcharge shall be deposited into
22the Wireless Service Emergency Fund, and $0.02 per surcharge
23collected shall be deposited into the Wireless Service
24Emergency Fund and distributed in equal amounts to County
25Emergency System Telephone Boards in counties with a population
26under 100,000 according to the most recent census data. Of the

 

 

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1amounts deposited into the Wireless Carrier Reimbursement Fund
2under this subsection, $0.01 per surcharge collected may be
3distributed to the carriers to cover their administrative
4costs. Of the amounts deposited into the Wireless Service
5Emergency Fund under this subsection, $0.01 per surcharge
6collected may be disbursed to the Illinois Commerce Commission
7to cover its administrative costs. For funds collected and
8remitted under this Section from July 1, 2015 through June 30,
92025, $0.02 per surcharge collected shall be deposited into the
10South Suburban Trauma Center Fund.
11    (c) The first such remittance by wireless carriers shall
12include the number of wireless subscribers by zip code, and the
139-digit zip code if currently being used or later implemented
14by the carrier, that shall be the means by which the Illinois
15Commerce Commission shall determine distributions from the
16Wireless Service Emergency Fund. This information shall be
17updated no less often than every year. Wireless carriers are
18not required to remit surcharge moneys that are billed to
19subscribers but not yet collected. Any carrier that fails to
20provide the zip code information required under this subsection
21(c) shall be subject to the penalty set forth in subsection (f)
22of this Section.
23    (d) Any funds collected under the Prepaid Wireless 9-1-1
24Surcharge Act shall be distributed using a prorated method
25based upon zip code information collected from post-paid
26wireless carriers under subsection (c) of this Section.

 

 

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

 

 

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1the report is deemed delinquent and the Illinois Commerce
2Commission may impose a penalty against the carrier in an
3amount equal to the greater of:
4        (1) $25 for each month or portion of a month that the
5    report is delinquent; or
6        (2) an amount equal to the product of 1/2¢ and the
7    number of subscribers served by the wireless carrier. On
8    and after July 1, 2014, an amount equal to the product of
9    $0.01 and the number of subscribers served by the wireless
10    carrier.
11    A penalty imposed in accordance with this subsection (f)
12for a portion of a month during which the carrier pays the
13delinquent amount in full shall be prorated for each day of
14that month that the delinquent amount was paid in full. A
15penalty imposed and collected in accordance with subsection (e)
16or this subsection (f) shall be deposited into the Wireless
17Service Emergency Fund for distribution according to Section 25
18of this Act. Any penalty imposed under this subsection (f) is
19in addition to any other penalty imposed under this Section.
20    (g) The Illinois Commerce Commission may enforce the
21collection of any delinquent amount and any penalty due and
22unpaid under this Section by legal action or in any other
23manner by which the collection of debts due the State of
24Illinois may be enforced under the laws of this State. The
25Executive Director of the Illinois Commerce Commission, or his
26or her designee, may excuse the payment of any penalty imposed

 

 

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1under this Section if the Executive Director, or his or her
2designee, determines that the enforcement of this penalty is
3unjust.
4    (h) Notwithstanding any provision of law to the contrary,
5nothing shall impair the right of wireless carriers to recover
6compliance costs for all emergency communications services
7that are not reimbursed out of the Wireless Carrier
8Reimbursement Fund directly from their wireless subscribers
9via line-item charges on the wireless subscriber's bill. Those
10compliance costs include all costs incurred by wireless
11carriers in complying with local, State, and federal regulatory
12or legislative mandates that require the transmission and
13receipt of emergency communications to and from the general
14public, including, but not limited to, E-911.
15    (i) The Auditor General shall conduct, on an annual basis,
16an audit of the Wireless Service Emergency Fund and the
17Wireless Carrier Reimbursement Fund for compliance with the
18requirements of this Act. The audit shall include, but not be
19limited to, the following determinations:
20        (1) Whether the Commission is maintaining detailed
21    records of all receipts and disbursements from the Wireless
22    Carrier Emergency Fund and the Wireless Carrier
23    Reimbursement Fund.
24        (2) Whether the Commission's administrative costs
25    charged to the funds are adequately documented and are
26    reasonable.

 

 

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1        (3) Whether the Commission's procedures for making
2    grants and providing reimbursements in accordance with the
3    Act are adequate.
4        (4) The status of the implementation of wireless 9-1-1
5    and E9-1-1 services in Illinois.
6    The Commission, the Department of State Police, and any
7other entity or person that may have information relevant to
8the audit shall cooperate fully and promptly with the Office of
9the Auditor General in conducting the audit. The Auditor
10General shall commence the audit as soon as possible and
11distribute the report upon completion in accordance with
12Section 3-14 of the Illinois State Auditing Act.
13(Source: P.A. 97-463, eff. 1-1-12; 98-634, eff. 6-6-14.)
 
14    (50 ILCS 751/45)
15    (Section scheduled to be repealed on July 1, 2015)
16    Sec. 45. Continuation of current practices.
17    (a) Except as provided in subsection (b-5), and
18notwithstanding Notwithstanding any other provision of this
19Act, a unit of local government or emergency telephone system
20board providing wireless 9-1-1 service and imposing and
21collecting a wireless carrier surcharge prior to July 1, 1998
22may continue its practices of imposing and collecting its
23wireless carrier surcharge, but, except as provided in
24subsection (b) of this Section, in no event shall that monthly
25surcharge exceed $2.50 per commercial mobile radio service

 

 

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1(CMRS) connection or in-service telephone number billed on a
2monthly basis. For mobile telecommunications services provided
3on and after August 1, 2002, any surcharge imposed shall be
4imposed based upon the municipality or county that encompasses
5the customer's place of primary use as defined in the Mobile
6Telecommunications Sourcing Conformity Act.
7    (b) On or after the effective date of this amendatory Act
8of the 98th General Assembly and until July 1, 2015, the
9corporate authorities of a municipality with a population in
10excess of 500,000 on the effective date of this amendatory Act
11may by ordinance impose and collect a monthly surcharge per
12commercial mobile radio service (CMRS) connection or
13in-service telephone number billed on a monthly basis that does
14not exceed the highest monthly surcharge imposed as of January
151, 2014 by any county or municipality under subsection (c) of
16Section 15.3 of the Emergency Telephone System Act. On or after
17July 1, 2015, the municipality may continue imposing and
18collecting its wireless carrier surcharge as provided in and
19subject to the limitations of subsections subsection (a) and
20(b-5) of this Section.
21    (b-5) From July 1, 2015 through June 30, 2025, a
22municipality to which this Section applies that has imposed a
23monthly wireless carrier surcharge shall increase that
24surcharge by $0.02. The $0.02 collected and remitted under this
25subsection shall be deposited into the South Suburban Trauma
26Center Fund.

 

 

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1    (c) In addition to any other lawful purpose, a municipality
2with a population over 500,000 may use the moneys collected
3under this Section for any anti-terrorism or emergency
4preparedness measures, including, but not limited to,
5preparedness planning, providing local matching funds for
6federal or State grants, personnel training, and specialized
7equipment, including surveillance cameras as needed to deal
8with natural and terrorist-inspired emergency situations or
9events.
10(Source: P.A. 98-634, eff. 6-6-14.)
 
11    Section 25. The Toll Highway Act is amended by adding
12Section 40 as follows:
 
13    (605 ILCS 10/40 new)
14    Sec. 40. Use of certain toll revenue.
15    (a) From July 1, 2015 through June 30, 2025, there shall be
16a $1 surcharge at the toll plaza known as Plaza 47 to be
17collected and deposited into the South Suburban Trauma Center
18Fund.
19    (b) This Section is repealed on September 30, 2025.