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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 3. The Freedom of Information Act is amended by | ||||||
5 | changing Section 7.5 as follows: | ||||||
6 | (5 ILCS 140/7.5) | ||||||
7 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
8 | by the statutes referenced below, the following shall be exempt | ||||||
9 | from inspection and copying: | ||||||
10 | (a) All information determined to be confidential | ||||||
11 | under Section 4002 of the Technology Advancement and | ||||||
12 | Development Act. | ||||||
13 | (b) Library circulation and order records identifying | ||||||
14 | library users with specific materials under the Library | ||||||
15 | Records Confidentiality Act. | ||||||
16 | (c) Applications, related documents, and medical | ||||||
17 | records received by the Experimental Organ Transplantation | ||||||
18 | Procedures Board and any and all documents or other records | ||||||
19 | prepared by the Experimental Organ Transplantation | ||||||
20 | Procedures Board or its staff relating to applications it | ||||||
21 | has received. | ||||||
22 | (d) Information and records held by the Department of | ||||||
23 | Public Health and its authorized representatives relating |
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1 | to known or suspected cases of sexually transmissible | ||||||
2 | disease or any information the disclosure of which is | ||||||
3 | restricted under the Illinois Sexually Transmissible | ||||||
4 | Disease Control Act. | ||||||
5 | (e) Information the disclosure of which is exempted | ||||||
6 | under Section 30 of the Radon Industry Licensing Act. | ||||||
7 | (f) Firm performance evaluations under Section 55 of | ||||||
8 | the Architectural, Engineering, and Land Surveying | ||||||
9 | Qualifications Based Selection Act. | ||||||
10 | (g) Information the disclosure of which is restricted | ||||||
11 | and exempted under Section 50 of the Illinois Prepaid | ||||||
12 | Tuition Act. | ||||||
13 | (h) Information the disclosure of which is exempted | ||||||
14 | under the State Officials and Employees Ethics Act, and | ||||||
15 | records of any lawfully created State or local inspector | ||||||
16 | general's office that would be exempt if created or | ||||||
17 | obtained by an Executive Inspector General's office under | ||||||
18 | that Act. | ||||||
19 | (i) Information contained in a local emergency energy | ||||||
20 | plan submitted to a municipality in accordance with a local | ||||||
21 | emergency energy plan ordinance that is adopted under | ||||||
22 | Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
23 | (j) Information and data concerning the distribution | ||||||
24 | of surcharge moneys collected and remitted by wireless | ||||||
25 | carriers under the Wireless Emergency Telephone System | ||||||
26 | Safety Act. |
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1 | (k) Law enforcement officer identification information | ||||||
2 | or driver identification information compiled by a law | ||||||
3 | enforcement agency or the Department of Transportation | ||||||
4 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
5 | (l) Records and information provided to a residential | ||||||
6 | health care facility resident sexual assault and death | ||||||
7 | review team or the Executive Council under the Abuse | ||||||
8 | Prevention Review Team Act. | ||||||
9 | (m) Information provided to the predatory lending | ||||||
10 | database created pursuant to Article 3 of the Residential | ||||||
11 | Real Property Disclosure Act, except to the extent | ||||||
12 | authorized under that Article. | ||||||
13 | (n) Defense budgets and petitions for certification of | ||||||
14 | compensation and expenses for court appointed trial | ||||||
15 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
16 | Crimes Litigation Act. This subsection (n) shall apply | ||||||
17 | until the conclusion of the trial of the case, even if the | ||||||
18 | prosecution chooses not to pursue the death penalty prior | ||||||
19 | to trial or sentencing. | ||||||
20 | (o) Information that is prohibited from being | ||||||
21 | disclosed under Section 4 of the Illinois Health and | ||||||
22 | Hazardous Substances Registry Act. | ||||||
23 | (p) Security portions of system safety program plans, | ||||||
24 | investigation reports, surveys, schedules, lists, data, or | ||||||
25 | information compiled, collected, or prepared by or for the | ||||||
26 | Regional Transportation Authority under Section 2.11 of |
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1 | the Regional Transportation Authority Act or the St. Clair | ||||||
2 | County Transit District under the Bi-State Transit Safety | ||||||
3 | Act. | ||||||
4 | (q) Information prohibited from being disclosed by the | ||||||
5 | Personnel Records Review Act. | ||||||
6 | (r) Information prohibited from being disclosed by the | ||||||
7 | Illinois School Student Records Act. | ||||||
8 | (s) Information the disclosure of which is restricted | ||||||
9 | under Section 5-108 of the Public Utilities Act.
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10 | (t) All identified or deidentified health information | ||||||
11 | in the form of health data or medical records contained in, | ||||||
12 | stored in, submitted to, transferred by, or released from | ||||||
13 | the Illinois Health Information Exchange, and identified | ||||||
14 | or deidentified health information in the form of health | ||||||
15 | data and medical records of the Illinois Health Information | ||||||
16 | Exchange in the possession of the Illinois Health | ||||||
17 | Information Exchange Authority due to its administration | ||||||
18 | of the Illinois Health Information Exchange. The terms | ||||||
19 | "identified" and "deidentified" shall be given the same | ||||||
20 | meaning as in the Health Insurance Portability and | ||||||
21 | Accountability Act of 1996, Public Law 104-191, or any | ||||||
22 | subsequent amendments thereto, and any regulations | ||||||
23 | promulgated thereunder. | ||||||
24 | (u) Records and information provided to an independent | ||||||
25 | team of experts under Brian's Law. | ||||||
26 | (v) Names and information of people who have applied |
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1 | for or received Firearm Owner's Identification Cards under | ||||||
2 | the Firearm Owners Identification Card Act or applied for | ||||||
3 | or received a concealed carry license under the Firearm | ||||||
4 | Concealed Carry Act, unless otherwise authorized by the | ||||||
5 | Firearm Concealed Carry Act; and databases under the | ||||||
6 | Firearm Concealed Carry Act, records of the Concealed Carry | ||||||
7 | Licensing Review Board under the Firearm Concealed Carry | ||||||
8 | Act, and law enforcement agency objections under the | ||||||
9 | Firearm Concealed Carry Act. | ||||||
10 | (w) Personally identifiable information which is | ||||||
11 | exempted from disclosure under subsection (g) of Section | ||||||
12 | 19.1 of the Toll Highway Act. | ||||||
13 | (x) Information which is exempted from disclosure | ||||||
14 | under Section 5-1014.3 of the Counties Code or Section | ||||||
15 | 8-11-21 of the Illinois Municipal Code. | ||||||
16 | (y) Confidential information under the Adult | ||||||
17 | Protective Services Act and its predecessor enabling | ||||||
18 | statute, the Elder Abuse and Neglect Act, including | ||||||
19 | information about the identity and administrative finding | ||||||
20 | against any caregiver of a verified and substantiated | ||||||
21 | decision of abuse, neglect, or financial exploitation of an | ||||||
22 | eligible adult maintained in the Registry established | ||||||
23 | under Section 7.5 of the Adult Protective Services Act. | ||||||
24 | (z) Records and information provided to a fatality | ||||||
25 | review team or the Illinois Fatality Review Team Advisory | ||||||
26 | Council under Section 15 of the Adult Protective Services |
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1 | Act. | ||||||
2 | (aa) Information which is exempted from disclosure | ||||||
3 | under Section 2.37 of the Wildlife Code. | ||||||
4 | (bb) Information which is or was prohibited from | ||||||
5 | disclosure by the Juvenile Court Act of 1987. | ||||||
6 | (cc) Recordings made under the Law Enforcement | ||||||
7 | Officer-Worn Body Camera Act, except to the extent | ||||||
8 | authorized under that Act. | ||||||
9 | (dd) Information that is prohibited from being | ||||||
10 | disclosed under Section 45 of the Condominium and Common | ||||||
11 | Interest Community Ombudsperson Act. | ||||||
12 | (ee) (dd) Information that is exempted from disclosure | ||||||
13 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
14 | (Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, | ||||||
15 | eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14; | ||||||
16 | 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16; | ||||||
17 | 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff. | ||||||
18 | 8-19-16; revised 9-1-16.) | ||||||
19 | Section 5. The Department of State Police Law of the
Civil | ||||||
20 | Administrative Code of Illinois is amended by changing Sections | ||||||
21 | 2605-52 and 2605-475 as follows: | ||||||
22 | (20 ILCS 2605/2605-52) | ||||||
23 | Sec. 2605-52. Office of the Statewide 9-1-1 Administrator. | ||||||
24 | (a) There shall be established an Office of the Statewide |
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1 | 9-1-1 Administrator within the Department. Beginning January | ||||||
2 | 1, 2016, the Office of the Statewide 9-1-1 Administrator shall | ||||||
3 | be responsible for developing, implementing, and overseeing a | ||||||
4 | uniform statewide 9-1-1 system for all areas of the State | ||||||
5 | outside of municipalities having a population over 500,000. | ||||||
6 | (b) The Governor shall appoint, with the advice and consent | ||||||
7 | of the Senate, a Statewide 9-1-1 Administrator. The | ||||||
8 | Administrator shall serve for a term of 2 years, and until a | ||||||
9 | successor is appointed and qualified; except that the term of | ||||||
10 | the first 9-1-1 Administrator appointed under this Act shall | ||||||
11 | expire on the third Monday in January, 2017. The Administrator | ||||||
12 | shall not hold any other remunerative public office. The | ||||||
13 | Administrator shall receive an annual salary as set by the | ||||||
14 | Governor.
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15 | (c) The Department, from appropriations made to it for that | ||||||
16 | purpose, shall make grants to 9-1-1 Authorities for the purpose | ||||||
17 | of defraying costs associated with 9-1-1 system consolidations | ||||||
18 | awarded by the Administrator under Section 15.4b of the | ||||||
19 | Emergency Telephone System Act. | ||||||
20 | (Source: P.A. 99-6, eff. 6-29-15.)
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21 | (20 ILCS 2605/2605-475) (was 20 ILCS 2605/55a in part)
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22 | Sec. 2605-475. Wireless Emergency Telephone System Safety | ||||||
23 | Act. The Department and Statewide 9-1-1 Administrator shall To | ||||||
24 | exercise the powers and perform the duties specifically | ||||||
25 | assigned to each
the Department under the Wireless Emergency |
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1 | Telephone System Safety Act with respect
to the development and | ||||||
2 | improvement of emergency communications procedures and
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3 | facilities in such a manner as to facilitate a quick response | ||||||
4 | to any person
calling the number "9-1-1" seeking police, fire, | ||||||
5 | medical, or other emergency
services through a wireless carrier | ||||||
6 | as defined in Section 10 of the Wireless
Emergency Telephone | ||||||
7 | Safety Act . Nothing in the Wireless Emergency Telephone System
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8 | Safety Act shall require the Department of Illinois State | ||||||
9 | Police to provide
wireless enhanced 9-1-1 services.
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10 | (Source: P.A. 91-660, eff. 12-22-99; 92-16, eff. 6-28-01.)
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11 | Section 10. The State Finance Act is amended by changing | ||||||
12 | Section 8.37 as follows:
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13 | (30 ILCS 105/8.37)
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14 | Sec. 8.37. State Police Wireless Service Emergency Fund.
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15 | (a) The State Police Wireless Service Emergency Fund is | ||||||
16 | created as
a special fund in the State Treasury.
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17 | (b) Grants or surcharge funds allocated to the Department | ||||||
18 | of State Police from the Statewide 9-1-1 Wireless Service
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19 | Emergency Fund shall be deposited into the State Police | ||||||
20 | Wireless Service
Emergency Fund and shall be used in accordance | ||||||
21 | with Section 30 20 of the Wireless
Emergency Telephone System | ||||||
22 | Safety Act.
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23 | (c) On July 1, 1999, the State Comptroller and State | ||||||
24 | Treasurer shall
transfer $1,300,000 from the General Revenue |
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1 | Fund to the State Police Wireless
Service Emergency Fund. On | ||||||
2 | June 30, 2003 the State Comptroller and State
Treasurer shall | ||||||
3 | transfer $1,300,000 from the State Police Wireless Service
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4 | Emergency Fund to the General Revenue Fund.
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5 | (Source: P.A. 91-660, eff. 12-22-99; 92-16, eff. 6-28-01.)
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6 | Section 15. The Emergency Telephone System Act is amended | ||||||
7 | by changing Sections 2, 8, 10, 10.3, 12, 14, 15.2a, 15.3, | ||||||
8 | 15.3a, 15.4, 15.4a, 15.4b, 15.6a, 19, 20, 30, 35, 40, 55, and | ||||||
9 | 99 and by adding Section 17.5 as follows:
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10 | (50 ILCS 750/2) (from Ch. 134, par. 32)
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11 | (Section scheduled to be repealed on July 1, 2017) | ||||||
12 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
13 | context otherwise requires: | ||||||
14 | "9-1-1 network" means the network used for the delivery of | ||||||
15 | 9-1-1 calls and messages over dedicated and redundant | ||||||
16 | facilities to a primary or backup 9-1-1 PSAP that meets P.01 | ||||||
17 | grade of service standards for basic 9-1-1 and enhanced 9-1-1 | ||||||
18 | services or meets national I3 industry call delivery standards | ||||||
19 | for Next Generation 9-1-1 services. | ||||||
20 | "9-1-1 system" means the geographic area that has been | ||||||
21 | granted an order of authority by the Commission or the | ||||||
22 | Statewide 9-1-1 Administrator to use "9-1-1" as the primary | ||||||
23 | emergency telephone number. | ||||||
24 | "9-1-1 Authority" includes an Emergency Telephone System |
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1 | Board, Joint Emergency Telephone System Board, and a qualified | ||||||
2 | governmental entity. "9-1-1 Authority" includes the Department | ||||||
3 | of State Police only to the extent it provides 9-1-1 services | ||||||
4 | under this Act. | ||||||
5 | "Administrator" means the Statewide 9-1-1 Administrator. | ||||||
6 | "Advanced service" means any telecommunications service | ||||||
7 | with or without dynamic bandwidth allocation, including, but | ||||||
8 | not limited to, ISDN Primary Rate Interface (PRI), that, | ||||||
9 | through the use of a DS-1, T-1, or other similar un-channelized | ||||||
10 | or multi-channel transmission facility, is capable of | ||||||
11 | transporting either the subscriber's inter-premises voice | ||||||
12 | telecommunications services to the public switched network or | ||||||
13 | the subscriber's 9-1-1 calls to the public agency. | ||||||
14 | "ALI" or "automatic location identification" means, in an | ||||||
15 | E9-1-1 system, the automatic display at the public safety | ||||||
16 | answering point of the caller's telephone number, the address | ||||||
17 | or location of the telephone, and supplementary emergency | ||||||
18 | services information. | ||||||
19 | "ANI" or "automatic number identification" means the | ||||||
20 | automatic display of the 9-1-1 calling party's number on the | ||||||
21 | PSAP monitor. | ||||||
22 | "Automatic alarm" and "automatic alerting device" mean any | ||||||
23 | device that will access the 9-1-1 system for emergency services | ||||||
24 | upon activation. | ||||||
25 | "Backup PSAP" means a public safety answering point that | ||||||
26 | serves as an alternate to the PSAP for enhanced systems and is |
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1 | at a different location and operates independently from the | ||||||
2 | PSAP. A backup PSAP may accept overflow calls from the PSAP or | ||||||
3 | be activated if the primary PSAP is disabled. | ||||||
4 | "Board" means an Emergency Telephone System Board or a | ||||||
5 | Joint Emergency Telephone System Board created pursuant to | ||||||
6 | Section 15.4. | ||||||
7 | "Carrier" includes a telecommunications carrier and a | ||||||
8 | wireless carrier. | ||||||
9 | "Commission" means the Illinois Commerce Commission. | ||||||
10 | "Computer aided dispatch" or "CAD" means a computer-based | ||||||
11 | system that aids PSAP telecommunicators by automating selected | ||||||
12 | dispatching and recordkeeping activities database maintained | ||||||
13 | by the public safety agency or public safety answering point | ||||||
14 | used in conjunction with 9-1-1 caller data . | ||||||
15 | "Direct dispatch method" means a 9-1-1 service that | ||||||
16 | provides for the direct dispatch by a PSAP telecommunicator of | ||||||
17 | the appropriate unit upon receipt of an emergency call and the | ||||||
18 | decision as to the proper action to be taken. | ||||||
19 | "Department" means the Department of State Police. | ||||||
20 | "DS-1, T-1, or similar un-channelized or multi-channel | ||||||
21 | transmission facility" means a facility that can transmit and | ||||||
22 | receive a bit rate of at least 1.544 megabits per second | ||||||
23 | (Mbps). | ||||||
24 | "Dynamic bandwidth allocation" means the ability of the | ||||||
25 | facility or customer to drop and add channels, or adjust | ||||||
26 | bandwidth, when needed in real time for voice or data purposes. |
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1 | "Enhanced 9-1-1" or "E9-1-1" means a an emergency telephone | ||||||
2 | system that includes dedicated network switching , database and | ||||||
3 | PSAP premise elements capable of providing automatic location | ||||||
4 | identification data, selective routing, database, ALI, ANI, | ||||||
5 | selective transfer, fixed transfer, and a call back number , | ||||||
6 | including any enhanced 9-1-1 service so designated by the | ||||||
7 | Federal Communications Commission in its report and order in WC | ||||||
8 | Dockets Nos. 04-36 and 05-196, or any successor proceeding . | ||||||
9 | "ETSB" means an emergency telephone system board appointed | ||||||
10 | by the corporate authorities of any county or municipality that | ||||||
11 | provides for the management and operation of a 9-1-1 system. | ||||||
12 | "Hearing-impaired individual" means a person with a | ||||||
13 | permanent hearing loss who can regularly and routinely | ||||||
14 | communicate by telephone only through the aid of devices which | ||||||
15 | can send and receive written messages over the telephone | ||||||
16 | network. | ||||||
17 | "Hosted supplemental 9-1-1 service" means a database | ||||||
18 | service that: | ||||||
19 | (1) electronically provides information to 9-1-1 call | ||||||
20 | takers when a call is placed to 9-1-1; | ||||||
21 | (2) allows telephone subscribers to provide | ||||||
22 | information to 9-1-1 to be used in emergency scenarios; | ||||||
23 | (3) collects a variety of formatted data relevant to | ||||||
24 | 9-1-1 and first responder needs, which may include, but is | ||||||
25 | not limited to, photographs of the telephone subscribers, | ||||||
26 | physical descriptions, medical information, household |
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1 | data, and emergency contacts; | ||||||
2 | (4) allows for information to be entered by telephone | ||||||
3 | subscribers through a secure website where they can elect | ||||||
4 | to provide as little or as much information as they choose; | ||||||
5 | (5) automatically displays data provided by telephone | ||||||
6 | subscribers to 9-1-1 call takers for all types of | ||||||
7 | telephones when a call is placed to 9-1-1 from a registered | ||||||
8 | and confirmed phone number; | ||||||
9 | (6) supports the delivery of telephone subscriber | ||||||
10 | information through a secure internet connection to all | ||||||
11 | emergency telephone system boards; | ||||||
12 | (7) works across all 9-1-1 call taking equipment and | ||||||
13 | allows for the easy transfer of information into a computer | ||||||
14 | aided dispatch system; and | ||||||
15 | (8) may be used to collect information pursuant to an | ||||||
16 | Illinois Premise Alert Program as defined in the Illinois | ||||||
17 | Premise Alert Program (PAP) Act. | ||||||
18 | "Interconnected voice over Internet protocol provider" or | ||||||
19 | "Interconnected VoIP provider" has the meaning given to that | ||||||
20 | term under Section 13-235 of the Public Utilities Act. | ||||||
21 | "Joint ETSB" means a Joint Emergency Telephone System Board | ||||||
22 | established by intergovernmental agreement of two or more | ||||||
23 | municipalities or counties, or a combination thereof, to | ||||||
24 | provide for the management and operation of a 9-1-1 system. | ||||||
25 | "Local public agency" means any unit of local government or | ||||||
26 | special purpose district located in whole or in part within |
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1 | this State that provides or has authority to provide | ||||||
2 | firefighting, police, ambulance, medical, or other emergency | ||||||
3 | services. | ||||||
4 | "Mechanical dialer" means any device that either manually | ||||||
5 | or remotely triggers a dialing device to access the 9-1-1 | ||||||
6 | system. | ||||||
7 | "Master Street Address Guide" or "MSAG" is a database of | ||||||
8 | street names and house ranges within their associated | ||||||
9 | communities defining emergency service zones (ESZs) and their | ||||||
10 | associated emergency service numbers (ESNs) to enable proper | ||||||
11 | routing of 9-1-1 calls means the computerized geographical | ||||||
12 | database that consists of all street and address data within a | ||||||
13 | 9-1-1 system . | ||||||
14 | "Mobile telephone number" or "MTN" means the telephone | ||||||
15 | number assigned to a wireless telephone at the time of initial | ||||||
16 | activation. | ||||||
17 | "Network connections" means the number of voice grade | ||||||
18 | communications channels directly between a subscriber and a | ||||||
19 | telecommunications carrier's public switched network, without | ||||||
20 | the intervention of any other telecommunications carrier's | ||||||
21 | switched network, which would be required to carry the | ||||||
22 | subscriber's inter-premises traffic and which connection | ||||||
23 | either (1) is capable of providing access through the public | ||||||
24 | switched network to a 9-1-1 Emergency Telephone System, if one | ||||||
25 | exists, or (2) if no system exists at the time a surcharge is | ||||||
26 | imposed under Section 15.3, that would be capable of providing |
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1 | access through the public switched network to the local 9-1-1 | ||||||
2 | Emergency Telephone System if one existed. Where multiple voice | ||||||
3 | grade communications channels are connected to a | ||||||
4 | telecommunications carrier's public switched network through a | ||||||
5 | private branch exchange (PBX) service, there shall be | ||||||
6 | determined to be one network connection for each trunk line | ||||||
7 | capable of transporting either the subscriber's inter-premises | ||||||
8 | traffic to the public switched network or the subscriber's | ||||||
9 | 9-1-1 calls to the public agency. Where multiple voice grade | ||||||
10 | communications channels are connected to a telecommunications | ||||||
11 | carrier's public switched network through centrex type | ||||||
12 | service, the number of network connections shall be equal to | ||||||
13 | the number of PBX trunk equivalents for the subscriber's | ||||||
14 | service or other multiple voice grade communication channels | ||||||
15 | facility , as determined by reference to any generally | ||||||
16 | applicable exchange access service tariff filed by the | ||||||
17 | subscriber's telecommunications carrier with the Commission. | ||||||
18 | "Network costs" means those recurring costs that directly | ||||||
19 | relate to the operation of the 9-1-1 network as determined by | ||||||
20 | the Statewide 9-1-1 Administrator with the advice of the | ||||||
21 | Statewide 9-1-1 Advisory Board, which may include including , | ||||||
22 | but need not be limited to, some or all of the following: costs | ||||||
23 | for interoffice trunks, selective routing charges, transfer | ||||||
24 | lines and toll charges for 9-1-1 services, Automatic Location | ||||||
25 | Information (ALI) database charges, call box trunk circuit | ||||||
26 | (including central office only and not including extensions to |
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1 | fire stations), independent local exchange carrier charges and | ||||||
2 | non-system provider charges, carrier charges for third party | ||||||
3 | database for on-site customer premises equipment, back-up PSAP | ||||||
4 | trunks for non-system providers, periodic database updates as | ||||||
5 | provided by carrier (also known as "ALI data dump"), regional | ||||||
6 | ALI storage charges, circuits for call delivery (fiber or | ||||||
7 | circuit connection), NG9-1-1 costs, and all associated fees, | ||||||
8 | taxes, and surcharges on each invoice. "Network costs" shall | ||||||
9 | not include radio circuits or toll charges that are other than | ||||||
10 | for 9-1-1 services. | ||||||
11 | "Next generation 9-1-1" or "NG9-1-1" means an Internet | ||||||
12 | Protocol-based (IP-based) system comprised of managed ESInets, | ||||||
13 | functional elements and applications, and databases that | ||||||
14 | replicate traditional E9-1-1 features and functions and | ||||||
15 | provide additional capabilities. "NG9-1-1" systems are | ||||||
16 | designed to provide access to emergency services from all | ||||||
17 | connected communications sources, and provide multimedia data | ||||||
18 | capabilities for PSAPs and other emergency services | ||||||
19 | organizations. | ||||||
20 | "NG9-1-1 costs" means those recurring costs that directly | ||||||
21 | relate to the Next Generation 9-1-1 service as determined by | ||||||
22 | the Statewide 9-1-1 Advisory Board, including, but not limited | ||||||
23 | to, costs for Emergency System Routing Proxy (ESRP), Emergency | ||||||
24 | Call Routing Function/Location Validation Function (ECRF/LVF), | ||||||
25 | Spatial Information Function (SIF), the Border Control | ||||||
26 | Function (BCF), and the Emergency Services Internet Protocol |
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1 | networks (ESInets), legacy network gateways, and all | ||||||
2 | associated fees, taxes, and surcharges on each invoice. | ||||||
3 | "Private branch exchange" or "PBX" means a private | ||||||
4 | telephone system and associated equipment located on the user's | ||||||
5 | property that provides communications between internal | ||||||
6 | stations and external networks. | ||||||
7 | "Private business switch service" means a | ||||||
8 | telecommunications service including centrex type service and | ||||||
9 | PBX service, even though key telephone systems or equivalent | ||||||
10 | telephone systems registered with the Federal Communications | ||||||
11 | Commission under 47 C.F.R. Part 68 are directly connected to | ||||||
12 | centrex type and PBX systems providing 9-1-1 services equipped | ||||||
13 | for switched local network connections or 9-1-1 system access | ||||||
14 | to business end users through a private telephone switch. | ||||||
15 | "Private business switch service" means network and | ||||||
16 | premises based systems including a VoIP, Centrex type service, | ||||||
17 | or PBX service, even though does not include key telephone | ||||||
18 | systems or equivalent telephone systems registered with the | ||||||
19 | Federal Communications Commission under 47 C.F.R. Part 68 are | ||||||
20 | directly connected to Centrex when not used in conjunction with | ||||||
21 | centrex type and PBX systems. "Private business switch service" | ||||||
22 | does not include key telephone systems or equivalent telephone | ||||||
23 | systems registered with the Federal Communications Commission | ||||||
24 | under 47 C.F.R. Part 68 when not used in conjunction with a | ||||||
25 | VoIP, Centrex type, or PBX systems. "Private business switch | ||||||
26 | service" typically includes, but is not limited to, private |
| |||||||
| |||||||
1 | businesses, corporations, and industries where the | ||||||
2 | telecommunications service is primarily for conducting | ||||||
3 | business. | ||||||
4 | "Private residential switch service" means network and | ||||||
5 | premise based systems a telecommunications service including a | ||||||
6 | VoIP, Centrex centrex type service , or and PBX service or , even | ||||||
7 | though key telephone systems or equivalent telephone systems | ||||||
8 | registered with the Federal Communications Commission under 47 | ||||||
9 | C.F.R. Part 68 that are directly connected to a VoIP, Centrex | ||||||
10 | centrex type service, or and PBX systems providing 9-1-1 | ||||||
11 | services equipped for switched local network connections or | ||||||
12 | 9-1-1 system access to residential end users through a private | ||||||
13 | telephone switch. "Private residential switch service" does | ||||||
14 | not include key telephone systems or equivalent telephone | ||||||
15 | systems registered with the Federal Communications Commission | ||||||
16 | under 47 C.F.R. Part 68 when not used in conjunction with a | ||||||
17 | VoIP, Centrex centrex type , or and PBX systems. "Private | ||||||
18 | residential switch service" typically includes, but is not | ||||||
19 | limited to, apartment complexes, condominiums, and campus or | ||||||
20 | university environments where shared tenant service is | ||||||
21 | provided and where the usage of the telecommunications service | ||||||
22 | is primarily residential. | ||||||
23 | "Public agency" means the State, and any unit of local | ||||||
24 | government or special purpose district located in whole or in | ||||||
25 | part within this State, that provides or has authority to | ||||||
26 | provide firefighting, police, ambulance, medical, or other |
| |||||||
| |||||||
1 | emergency services. | ||||||
2 | "Public safety agency" means a functional division of a | ||||||
3 | public agency that provides firefighting, police, medical, or | ||||||
4 | other emergency services to respond to and manage emergency | ||||||
5 | incidents . For the purpose of providing wireless service to | ||||||
6 | users of 9-1-1 emergency services, as expressly provided for in | ||||||
7 | this Act, the Department of State Police may be considered a | ||||||
8 | public safety agency. | ||||||
9 | "Public safety answering point" or "PSAP" is a set of | ||||||
10 | call-takers authorized by a governing body and operating under | ||||||
11 | common management that receive 9-1-1 calls and asynchronous | ||||||
12 | event notifications for a defined geographic area and processes | ||||||
13 | those calls and events according to a specified operational | ||||||
14 | policy means the initial answering location of an emergency | ||||||
15 | call . | ||||||
16 | "Qualified governmental entity" means a unit of local | ||||||
17 | government authorized to provide 9-1-1 services pursuant to | ||||||
18 | this Act where no emergency telephone system board exists. | ||||||
19 | "Referral method" means a 9-1-1 service in which the PSAP | ||||||
20 | telecommunicator provides the calling party with the telephone | ||||||
21 | number of the appropriate public safety agency or other | ||||||
22 | provider of emergency services. | ||||||
23 | "Regular service" means any telecommunications service, | ||||||
24 | other than advanced service, that is capable of transporting | ||||||
25 | either the subscriber's inter-premises voice | ||||||
26 | telecommunications services to the public switched network or |
| |||||||
| |||||||
1 | the subscriber's 9-1-1 calls to the public agency. | ||||||
2 | "Relay method" means a 9-1-1 service in which the PSAP | ||||||
3 | telecommunicator takes the pertinent information from a caller | ||||||
4 | and relays that information to the appropriate public safety | ||||||
5 | agency or other provider of emergency services. | ||||||
6 | "Remit period" means the billing period, one month in | ||||||
7 | duration, for which a wireless carrier remits a surcharge and | ||||||
8 | provides subscriber information by zip code to the Department, | ||||||
9 | in accordance with Section 20 of this Act. | ||||||
10 | "Secondary Answering Point" or "SAP" means a location, | ||||||
11 | other than a PSAP, that is able to receive the voice, data, and | ||||||
12 | call back number of E9-1-1 or NG9-1-1 emergency calls | ||||||
13 | transferred from a PSAP and completes the call taking process | ||||||
14 | by dispatching police, medical, fire, or other emergency | ||||||
15 | responders. | ||||||
16 | "Statewide wireless emergency 9-1-1 system" means all | ||||||
17 | areas of the State where an emergency telephone system board | ||||||
18 | or, in the absence of an emergency telephone system board, a | ||||||
19 | qualified governmental entity, has not declared its intention | ||||||
20 | for one or more of its public safety answering points to serve | ||||||
21 | as a primary wireless 9-1-1 public safety answering point for | ||||||
22 | its jurisdiction. The operator of the statewide wireless | ||||||
23 | emergency 9-1-1 system shall be the Department of State Police. | ||||||
24 | "System" means the communications equipment and related | ||||||
25 | software applications required to produce a response by the | ||||||
26 | appropriate emergency public safety agency or other provider of |
| |||||||
| |||||||
1 | emergency services as a result of an emergency call being | ||||||
2 | placed to 9-1-1. | ||||||
3 | "System provider" means the contracted entity providing | ||||||
4 | 9-1-1 network and database services. | ||||||
5 | "Telecommunications carrier" means those entities included | ||||||
6 | within the definition specified in Section 13-202 of the Public | ||||||
7 | Utilities Act, and includes those carriers acting as resellers | ||||||
8 | of telecommunications services. "Telecommunications carrier" | ||||||
9 | includes telephone systems operating as mutual concerns. | ||||||
10 | "Telecommunications carrier" does not include a wireless | ||||||
11 | carrier. | ||||||
12 | "Telecommunications technology" means equipment that can | ||||||
13 | send and receive written messages over the telephone network. | ||||||
14 | "Transfer method" means a 9-1-1 service in which the PSAP | ||||||
15 | telecommunicator receiving a call transfers that call to the | ||||||
16 | appropriate public safety agency or other provider of emergency | ||||||
17 | services. | ||||||
18 | "Transmitting messages" shall have the meaning given to | ||||||
19 | that term under Section 8-11-2 of the Illinois Municipal Code. | ||||||
20 | "Trunk line" means a transmission path, or group of | ||||||
21 | transmission paths, connecting a subscriber's PBX to a | ||||||
22 | telecommunications carrier's public switched network. In the | ||||||
23 | case of regular service, each voice grade communications | ||||||
24 | channel or equivalent amount of bandwidth capable of | ||||||
25 | transporting either the subscriber's inter-premises voice | ||||||
26 | telecommunications services to the public switched network or |
| |||||||
| |||||||
1 | the subscriber's 9-1-1 calls to the public agency shall be | ||||||
2 | considered a trunk line, even if it is bundled with other | ||||||
3 | channels or additional bandwidth. In the case of advanced | ||||||
4 | service, each DS-1, T-1, or other similar un-channelized or | ||||||
5 | multi-channel transmission facility that is capable of | ||||||
6 | transporting either the subscriber's inter-premises voice | ||||||
7 | telecommunications services to the public switched network or | ||||||
8 | the subscriber's 9-1-1 calls to the public agency shall be | ||||||
9 | considered a single trunk line, even if it contains multiple | ||||||
10 | voice grade communications channels or otherwise supports 2 or | ||||||
11 | more voice grade calls at a time; provided, however, that each | ||||||
12 | additional increment of up to 24 voice grade channels 1.544 | ||||||
13 | Mbps of transmission capacity that is capable of transporting | ||||||
14 | either the subscriber's inter-premises voice | ||||||
15 | telecommunications services to the public switched network or | ||||||
16 | the subscriber's 9-1-1 calls to the public agency shall be | ||||||
17 | considered an additional trunk line. | ||||||
18 | "Unmanned backup PSAP" means a public safety answering | ||||||
19 | point that serves as an alternate to the PSAP at an alternate | ||||||
20 | location and is typically unmanned but can be activated if the | ||||||
21 | primary PSAP is disabled. | ||||||
22 | "Virtual answering point" or "VAP" means a temporary or | ||||||
23 | nonpermanent location that is capable of receiving an emergency | ||||||
24 | call, contains a fully functional worksite that is not bound to | ||||||
25 | a specific location, but rather is portable and scalable, | ||||||
26 | connecting emergency call takers or dispatchers to the work |
| |||||||
| |||||||
1 | process, and is capable of completing the call dispatching | ||||||
2 | process. | ||||||
3 | "Voice-impaired individual" means a person with a | ||||||
4 | permanent speech disability which precludes oral | ||||||
5 | communication, who can regularly and routinely communicate by | ||||||
6 | telephone only through the aid of devices which can send and | ||||||
7 | receive written messages over the telephone network. | ||||||
8 | "Wireless carrier" means a provider of two-way cellular, | ||||||
9 | broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial | ||||||
10 | Mobile Radio Service (CMRS), Wireless Communications Service | ||||||
11 | (WCS), or other Commercial Mobile Radio Service (CMRS), as | ||||||
12 | defined by the Federal Communications Commission, offering | ||||||
13 | radio communications that may provide fixed, mobile, radio | ||||||
14 | location, or satellite communication services to individuals | ||||||
15 | or businesses within its assigned spectrum block and | ||||||
16 | geographical area or that offers real-time, two-way voice | ||||||
17 | service that is interconnected with the public switched | ||||||
18 | network, including a reseller of such service. | ||||||
19 | "Wireless enhanced 9-1-1" means the ability to relay the | ||||||
20 | telephone number of the originator of a 9-1-1 call and location | ||||||
21 | information from any mobile handset or text telephone device | ||||||
22 | accessing the wireless system to the designated wireless public | ||||||
23 | safety answering point as set forth in the order of the Federal | ||||||
24 | Communications Commission, FCC Docket No. 94-102, adopted June | ||||||
25 | 12, 1996, with an effective date of October 1, 1996, and any | ||||||
26 | subsequent amendment thereto. |
| |||||||
| |||||||
1 | "Wireless public safety answering point" means the | ||||||
2 | functional division of a 9-1-1 authority accepting wireless | ||||||
3 | 9-1-1 calls. | ||||||
4 | "Wireless subscriber" means an individual or entity to whom | ||||||
5 | a wireless service account or number has been assigned by a | ||||||
6 | wireless carrier, other than an account or number associated | ||||||
7 | with prepaid wireless telecommunication service.
| ||||||
8 | (Source: P.A. 99-6, eff. 1-1-16 .)
| ||||||
9 | (50 ILCS 750/8) (from Ch. 134, par. 38)
| ||||||
10 | (Section scheduled to be repealed on July 1, 2017) | ||||||
11 | Sec. 8.
The Administrator, with the advice and | ||||||
12 | recommendation of the Statewide 9-1-1 Advisory Board, shall | ||||||
13 | coordinate the implementation of systems established under | ||||||
14 | this Act. To assist with this coordination, all systems | ||||||
15 | authorized to operate under this Act shall register with the | ||||||
16 | Administrator information regarding its composition and | ||||||
17 | organization, including, but not limited to, identification of | ||||||
18 | all PSAPs, SAPs, VAPs, Backup PSAPs, and Unmanned Backup PSAPs. | ||||||
19 | The Department may adopt rules for the administration of this | ||||||
20 | Section.
| ||||||
21 | (Source: P.A. 99-6, eff. 1-1-16 .)
| ||||||
22 | (50 ILCS 750/10) (from Ch. 134, par. 40) | ||||||
23 | (Section scheduled to be repealed on July 1, 2017) | ||||||
24 | Sec. 10. |
| |||||||
| |||||||
1 | (a) The Administrator, with the advice and recommendation | ||||||
2 | of the Statewide 9-1-1 Advisory Board, shall establish uniform | ||||||
3 | technical and operational standards for all 9-1-1 systems in | ||||||
4 | Illinois. All findings, orders, decisions, rules, and | ||||||
5 | regulations issued or promulgated by the Commission under this | ||||||
6 | Act or any other Act establishing or conferring power on the | ||||||
7 | Commission with respect to emergency telecommunications | ||||||
8 | services, shall continue in force. Notwithstanding the | ||||||
9 | provisions of this Section, where applicable, the | ||||||
10 | Administrator shall, with the advice and recommendation of the | ||||||
11 | Statewide 9-1-1 Advisory Board, amend the Commission's | ||||||
12 | findings, orders, decisions, rules, and regulations to conform | ||||||
13 | to the specific provisions of this Act as soon as practicable | ||||||
14 | after the effective date of this amendatory Act of the 99th | ||||||
15 | General Assembly. | ||||||
16 | (b) The Department may adopt emergency rules necessary to | ||||||
17 | implement the provisions of this amendatory Act of the 99th | ||||||
18 | General Assembly under subsection (t) of Section 5-45 of the | ||||||
19 | Illinois Administrative Procedure Act. | ||||||
20 | (c) Nothing in this Act shall deprive the Commission of any | ||||||
21 | authority to regulate the provision by telecommunication | ||||||
22 | carriers or 9-1-1 system service providers of | ||||||
23 | telecommunication or other services under the Public Utilities | ||||||
24 | Act. | ||||||
25 | (d) For rules that implicate both the regulation of 9-1-1 | ||||||
26 | authorities under this Act and the regulation of |
| |||||||
| |||||||
1 | telecommunication carriers and 9-1-1 system service providers | ||||||
2 | under the Public Utilities Act, the Department and the | ||||||
3 | Commission may adopt joint rules necessary for implementation. | ||||||
4 | (e) Any findings, orders, or decisions of the Administrator | ||||||
5 | under this Section shall be deemed a final administrative | ||||||
6 | decision and shall be subject to judicial review under the | ||||||
7 | Administrative Review Law. | ||||||
8 | (Source: P.A. 99-6, eff. 1-1-16 .)
| ||||||
9 | (50 ILCS 750/10.3)
| ||||||
10 | (Section scheduled to be repealed on July 1, 2017)
| ||||||
11 | Sec. 10.3. Notice of address change. The Emergency | ||||||
12 | Telephone System Board or qualified governmental entity
in
any
| ||||||
13 | county implementing a 9-1-1 system that changes any person's | ||||||
14 | address (when the
person
whose address has changed has not | ||||||
15 | moved to a new residence) shall notify
the person (i) of the | ||||||
16 | person's new address and (ii) that the person should
contact | ||||||
17 | the local
election authority to determine if the person should | ||||||
18 | re-register to vote.
| ||||||
19 | (Source: P.A. 90-664, eff. 7-30-98 .)
| ||||||
20 | (50 ILCS 750/12) (from Ch. 134, par. 42)
| ||||||
21 | (Section scheduled to be repealed on July 1, 2017) | ||||||
22 | Sec. 12.
The Attorney General may, on in behalf of the | ||||||
23 | Department or on his
own initiative, commence judicial | ||||||
24 | proceedings to enforce compliance by any
public agency or |
| |||||||
| |||||||
1 | public utility providing telephone service with this Act.
| ||||||
2 | (Source: P.A. 99-6, eff. 1-1-16 .)
| ||||||
3 | (50 ILCS 750/14) (from Ch. 134, par. 44)
| ||||||
4 | (Section scheduled to be repealed on July 1, 2017)
| ||||||
5 | Sec. 14.
The General Assembly declares that a major purpose | ||||||
6 | of in enacting this Act is to ensure that 9-1-1 systems have | ||||||
7 | redundant methods of dispatch for: (1) each public safety | ||||||
8 | agency within its jurisdiction, herein known as participating | ||||||
9 | agencies; and (2) 9-1-1 systems whose jurisdictional | ||||||
10 | boundaries are contiguous, herein known as adjacent 9-1-1 | ||||||
11 | systems, when an emergency request for service is received for | ||||||
12 | a public safety agency that needs to be dispatched by the | ||||||
13 | adjacent 9-1-1 system. Another primary purpose of this Section | ||||||
14 | is to
eliminate instances in which a public safety agency | ||||||
15 | responding emergency service refuses , once dispatched, to | ||||||
16 | render aid to the
requester because the requester is outside of | ||||||
17 | the jurisdictional boundaries
of the public safety agency | ||||||
18 | emergency service . Therefore, in implementing a 9-1-1 system | ||||||
19 | systems under this Act, all 9-1-1 authorities
public agencies | ||||||
20 | in a single system shall enter into call handling and aid | ||||||
21 | outside jurisdictional boundaries agreements with each | ||||||
22 | participating agency and adjacent 9-1-1 system a joint
powers | ||||||
23 | agreement or any other form of written cooperative agreement | ||||||
24 | which
is applicable when need
arises on a day-to-day basis. | ||||||
25 | Certified notification of the continuation
of such agreements |
| |||||||
| |||||||
1 | shall be made among the involved parties on an annual
basis. In | ||||||
2 | addition, such agreements shall be entered
into between public | ||||||
3 | agencies and public safety agencies which are
part of different | ||||||
4 | systems but whose jurisdictional boundaries are contiguous . | ||||||
5 | The
agreements shall provide a primary and secondary means of | ||||||
6 | dispatch. It must also provide that, once an emergency unit is | ||||||
7 | dispatched in response
to a request through the system, such | ||||||
8 | unit shall render its services to the requesting
party without | ||||||
9 | regard to whether the unit is operating outside its
normal | ||||||
10 | jurisdictional boundaries. Certified notification of the
| ||||||
11 | continuation of call handling and aid outside jurisdictional | ||||||
12 | boundaries agreements shall be made among the involved parties | ||||||
13 | on an annual basis.
| ||||||
14 | (Source: P.A. 86-101 .)
| ||||||
15 | (50 ILCS 750/15.2a) (from Ch. 134, par. 45.2a)
| ||||||
16 | (Section scheduled to be repealed on July 1, 2017)
| ||||||
17 | Sec. 15.2a. The installation of or connection to a | ||||||
18 | telephone
company's network of any automatic alarm, automatic | ||||||
19 | alerting
device, or mechanical dialer that causes the number | ||||||
20 | 9-1-1 to
be dialed in order to directly access emergency | ||||||
21 | services is
prohibited in a 9-1-1 system. | ||||||
22 | This Section does not apply to a person who connects to a | ||||||
23 | 9-1-1 network using automatic crash notification technology | ||||||
24 | subject to an established protocol. | ||||||
25 | This Section does not apply to devices used to enable |
| |||||||
| |||||||
1 | access to the 9-1-1 system for cognitively-impaired or special | ||||||
2 | needs persons or for persons with disabilities in an emergency | ||||||
3 | situation reported by a caregiver after initiating a missing | ||||||
4 | person's report. The device must have the capability to be | ||||||
5 | activated and controlled remotely by trained personnel at a | ||||||
6 | service center to prevent falsely activated or repeated calls | ||||||
7 | to the 9-1-1 system in a single incident. The device must have | ||||||
8 | the technical capability to generate location information to | ||||||
9 | the 9-1-1 system. Under no circumstances shall a device be sold | ||||||
10 | for use in a geographical jurisdiction where the 9-1-1 system | ||||||
11 | has not deployed wireless phase II location technology. The | ||||||
12 | alerting device shall also provide for either 2-way | ||||||
13 | communication or send a pre-recorded message to a 9-1-1 | ||||||
14 | provider explaining the nature of the emergency so that the | ||||||
15 | 9-1-1 provider will be able to dispatch the appropriate | ||||||
16 | emergency responder. | ||||||
17 | Violation of this Section is
a Class A misdemeanor. A | ||||||
18 | second or subsequent violation of this
Section is a Class 4 | ||||||
19 | felony.
| ||||||
20 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
21 | (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
| ||||||
22 | (Section scheduled to be repealed on July 1, 2017)
| ||||||
23 | Sec. 15.3. Local non-wireless surcharge. | ||||||
24 | (a) Except as provided in subsection (l) of this Section, | ||||||
25 | the corporate authorities of any municipality or any
county |
| |||||||
| |||||||
1 | may, subject to the limitations of subsections (c), (d), and | ||||||
2 | (h),
and in addition to any tax levied pursuant to the | ||||||
3 | Simplified Municipal
Telecommunications Tax Act, impose a | ||||||
4 | monthly surcharge on billed subscribers
of network connection | ||||||
5 | provided by telecommunication carriers engaged in the
business | ||||||
6 | of transmitting messages by means of electricity originating | ||||||
7 | within
the corporate limits of the municipality or county | ||||||
8 | imposing the surcharge at
a rate per network connection | ||||||
9 | determined in accordance with subsection (c), however the | ||||||
10 | monthly surcharge shall not apply to a network connection | ||||||
11 | provided for use with pay telephone services.
Provided, | ||||||
12 | however, that where multiple voice grade communications | ||||||
13 | channels
are connected between the subscriber's premises and a | ||||||
14 | public switched network
through private branch exchange (PBX) | ||||||
15 | or centrex type service, a municipality
imposing a surcharge at | ||||||
16 | a rate per network connection, as determined in
accordance with | ||||||
17 | this Act, shall impose: | ||||||
18 | (i) in a municipality with a population of 500,000 or | ||||||
19 | less or in any county, 5 such surcharges per network
| ||||||
20 | connection, as defined under Section 2 determined in | ||||||
21 | accordance with subsections (a) and (d) of
Section 2.12 of | ||||||
22 | this Act, for both regular service and advanced service | ||||||
23 | provisioned trunk lines; | ||||||
24 | (ii) in a municipality with a population, prior to | ||||||
25 | March 1, 2010, of 500,000 or more, 5 surcharges per network | ||||||
26 | connection, as defined under Section 2 determined in |
| |||||||
| |||||||
1 | accordance
with subsections (a) and (d) of Section 2.12 of | ||||||
2 | this Act, for both regular service and advanced
service | ||||||
3 | provisioned trunk lines; | ||||||
4 | (iii) in a municipality with a population, as of March | ||||||
5 | 1, 2010, of 500,000 or more, 5 surcharges per network | ||||||
6 | connection, as defined under Section 2 determined in
| ||||||
7 | accordance with subsections (a) and (d) of Section 2.12 of | ||||||
8 | this Act, for regular service
provisioned trunk lines, and | ||||||
9 | 12 surcharges per network connection, as defined under | ||||||
10 | Section 2 determined in accordance
with subsections (a) and | ||||||
11 | (d) of Section 2.12 of this Act, for advanced service | ||||||
12 | provisioned trunk
lines, except where an advanced service | ||||||
13 | provisioned trunk line supports at least 2 but fewer
than | ||||||
14 | 23 simultaneous voice grade calls ("VGC's"), a | ||||||
15 | telecommunication carrier may
elect to impose fewer than 12 | ||||||
16 | surcharges per trunk line as provided in subsection (iv)
of | ||||||
17 | 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 |
| ||||||||||||||||||||||
| ||||||||||||||||||||||
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.
| |||||||||||||||||||||
| ||||||||||||||||||||||
15 | Subsections (i), (ii), (iii), and (iv) are not intended to | |||||||||||||||||||||
16 | make any change in the meaning of this Section, but are | |||||||||||||||||||||
17 | intended to remove possible ambiguity, thereby confirming the | |||||||||||||||||||||
18 | intent of paragraph (a) as it existed prior to and following | |||||||||||||||||||||
19 | the effective date of this amendatory Act of the 97th General | |||||||||||||||||||||
20 | Assembly. | |||||||||||||||||||||
21 | For mobile telecommunications services, if a surcharge is | |||||||||||||||||||||
22 | imposed it shall be
imposed based upon the municipality or | |||||||||||||||||||||
23 | county that encompasses the customer's
place of primary use as | |||||||||||||||||||||
24 | defined in the Mobile Telecommunications Sourcing
Conformity |
| |||||||
| |||||||
1 | Act. A municipality may enter into an intergovernmental
| ||||||
2 | agreement with any county in which it is partially located, | ||||||
3 | when the county
has adopted an ordinance to impose a surcharge | ||||||
4 | as provided in subsection
(c), to include that portion of the | ||||||
5 | municipality lying outside the county
in that county's | ||||||
6 | surcharge referendum. If the county's surcharge
referendum is | ||||||
7 | approved, the portion of the municipality identified in the
| ||||||
8 | intergovernmental agreement shall automatically be | ||||||
9 | disconnected from the
county in which it lies and connected to | ||||||
10 | the county which approved the
referendum for purposes of a | ||||||
11 | surcharge on telecommunications carriers.
| ||||||
12 | (b) For purposes of computing the surcharge imposed by | ||||||
13 | subsection (a),
the network connections to which the surcharge | ||||||
14 | shall apply shall be those
in-service network connections, | ||||||
15 | other than those network connections
assigned to the | ||||||
16 | municipality or county, where the service address for each
such | ||||||
17 | network connection or connections is located within the | ||||||
18 | corporate
limits of the municipality or county levying the | ||||||
19 | surcharge. Except for mobile
telecommunication services, the | ||||||
20 | "service address" shall mean the location of
the primary use of | ||||||
21 | the network connection or connections. For mobile
| ||||||
22 | telecommunication services, "service address" means the | ||||||
23 | customer's place of
primary use as defined in the Mobile | ||||||
24 | Telecommunications Sourcing Conformity
Act.
| ||||||
25 | (c) Upon the passage of an ordinance to impose a surcharge | ||||||
26 | under this
Section the clerk of the municipality or county |
| |||||||
| |||||||
1 | shall certify the question
of whether the surcharge may be | ||||||
2 | imposed to the proper election authority
who shall submit the | ||||||
3 | public question to the electors of the municipality or
county | ||||||
4 | in accordance with the general election law; provided that such
| ||||||
5 | question shall not be submitted at a consolidated primary | ||||||
6 | election. The
public question shall be in substantially the | ||||||
7 | following form:
| ||||||
8 | -------------------------------------------------------------
| ||||||
9 | Shall the county (or city, village
| ||||||
10 | or incorporated town) of ..... impose YES
| ||||||
11 | a surcharge of up to ...¢ per month per
| ||||||
12 | network connection, which surcharge will
| ||||||
13 | be added to the monthly bill you receive ------------------
| ||||||
14 | for telephone or telecommunications
| ||||||
15 | charges, for the purpose of installing
| ||||||
16 | (or improving) a 9-1-1 Emergency NO
| ||||||
17 | Telephone System?
| ||||||
18 | -------------------------------------------------------------
| ||||||
19 | If a majority of the votes cast upon the public question | ||||||
20 | are in favor
thereof, the surcharge shall be imposed.
| ||||||
21 | However, if a Joint Emergency Telephone System Board is to | ||||||
22 | be created
pursuant to an intergovernmental agreement under | ||||||
23 | Section 15.4, the
ordinance to impose the surcharge shall be | ||||||
24 | subject to the approval of a
majority of the total number of | ||||||
25 | votes cast upon the public question by the
electors of all of | ||||||
26 | the municipalities or counties, or combination thereof,
that |
| |||||||
| |||||||
1 | are parties to the intergovernmental agreement.
| ||||||
2 | The referendum requirement of this subsection (c) shall not | ||||||
3 | apply
to any municipality with a population over 500,000 or to | ||||||
4 | any
county in which a proposition as to whether a sophisticated | ||||||
5 | 9-1-1 Emergency
Telephone System should be installed in the | ||||||
6 | county, at a cost not to
exceed a specified monthly amount per | ||||||
7 | network connection, has previously
been approved by a majority | ||||||
8 | of the electors of the county voting on the
proposition at an | ||||||
9 | election conducted before the effective date of this
amendatory | ||||||
10 | Act of 1987.
| ||||||
11 | (d) A county may not impose a surcharge, unless requested | ||||||
12 | by a
municipality, in any incorporated area which has | ||||||
13 | previously approved a
surcharge as provided in subsection (c) | ||||||
14 | or in any incorporated area where
the corporate authorities of | ||||||
15 | the municipality have previously entered into
a binding | ||||||
16 | contract or letter of intent with a telecommunications carrier | ||||||
17 | to
provide sophisticated 9-1-1 service through municipal | ||||||
18 | funds.
| ||||||
19 | (e) A municipality or county may at any time by ordinance | ||||||
20 | change the
rate of the surcharge imposed under this Section if | ||||||
21 | the new rate does not
exceed the rate specified in the | ||||||
22 | referendum held pursuant to subsection (c).
| ||||||
23 | (f) The surcharge authorized by this Section shall be | ||||||
24 | collected from
the subscriber by the telecommunications | ||||||
25 | carrier providing the subscriber
the network connection as a | ||||||
26 | separately stated item on the subscriber's bill.
|
| |||||||
| |||||||
1 | (g) The amount of surcharge collected by the | ||||||
2 | telecommunications carrier
shall be paid to the particular | ||||||
3 | municipality or county or Joint Emergency
Telephone System | ||||||
4 | Board not later than 30 days after the surcharge is
collected, | ||||||
5 | net of any network or other 9-1-1 or sophisticated 9-1-1 system
| ||||||
6 | charges then due the particular telecommunications carrier, as | ||||||
7 | shown on an
itemized bill. The telecommunications carrier | ||||||
8 | collecting the surcharge
shall also be entitled to deduct 3% of | ||||||
9 | the gross amount of surcharge
collected to reimburse the | ||||||
10 | telecommunications carrier for the expense of
accounting and | ||||||
11 | collecting the surcharge.
| ||||||
12 | (h) Except as expressly provided in subsection (a) of this | ||||||
13 | Section, on or after the effective date of this amendatory Act | ||||||
14 | of the 98th General Assembly and until December 31, 2017, July | ||||||
15 | 1, 2017, a municipality with a population of 500,000 or more | ||||||
16 | shall not impose a monthly surcharge per network connection in | ||||||
17 | excess of the highest monthly surcharge imposed as of January | ||||||
18 | 1, 2014 by any county or municipality under subsection (c) of | ||||||
19 | this Section. Beginning January 1, 2018 and until December 31, | ||||||
20 | 2020, a municipality with a population over 500,000 may not | ||||||
21 | impose a monthly surcharge in excess of $5.00 per network | ||||||
22 | connection. On or after January 1, 2021, July 1, 2017, a
| ||||||
23 | municipality with a population over 500,000 may not impose a
| ||||||
24 | monthly surcharge in excess of $2.50
per network connection.
| ||||||
25 | (i) Any municipality or county or joint emergency telephone | ||||||
26 | system
board that has imposed a surcharge pursuant to this |
| |||||||
| |||||||
1 | Section prior to the
effective date of this amendatory Act of | ||||||
2 | 1990 shall hereafter impose the
surcharge in accordance with | ||||||
3 | subsection (b) of this Section.
| ||||||
4 | (j) The corporate authorities of any municipality or county | ||||||
5 | may issue,
in accordance with Illinois law, bonds, notes or | ||||||
6 | other obligations secured
in whole or in part by the proceeds | ||||||
7 | of the surcharge described in this
Section.
The State of | ||||||
8 | Illinois pledges and agrees that it will not limit or alter
the | ||||||
9 | rights and powers vested in municipalities and counties by this | ||||||
10 | Section
to impose the surcharge so as to impair the terms of or | ||||||
11 | affect the
security for bonds, notes or other obligations | ||||||
12 | secured in whole or in part
with the proceeds of the surcharge | ||||||
13 | described in this Section. The pledge and agreement set forth | ||||||
14 | in this Section survive the termination of the surcharge under | ||||||
15 | subsection (l) by virtue of the replacement of the surcharge | ||||||
16 | monies guaranteed under Section 20; the State of Illinois | ||||||
17 | pledges and agrees that it will not limit or alter the rights | ||||||
18 | vested in municipalities and counties to the surcharge | ||||||
19 | replacement funds guaranteed under Section 20 so as to impair | ||||||
20 | the terms of or affect the security for bonds, notes or other | ||||||
21 | obligations secured in whole or in part with the proceeds of | ||||||
22 | the surcharge described in this Section.
| ||||||
23 | (k) Any surcharge collected by or imposed on a | ||||||
24 | telecommunications
carrier pursuant to this Section shall be | ||||||
25 | held to be a special fund in
trust for the municipality, county | ||||||
26 | or Joint Emergency Telephone Board
imposing the surcharge. |
| |||||||
| |||||||
1 | Except for the 3% deduction provided in subsection
(g) above, | ||||||
2 | the special fund shall not be subject to the claims of
| ||||||
3 | creditors of the telecommunication carrier.
| ||||||
4 | (l) On and after the effective date of this amendatory Act | ||||||
5 | of the 99th General Assembly, no county or municipality, other | ||||||
6 | than a municipality with a population over 500,000, may impose | ||||||
7 | a monthly surcharge under this Section in excess of the amount | ||||||
8 | imposed by it on the effective date of this Act. Any surcharge | ||||||
9 | imposed pursuant to this Section by a county or municipality, | ||||||
10 | other than a municipality with a population in excess of | ||||||
11 | 500,000, shall cease to be imposed on January 1, 2016. | ||||||
12 | (Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)
| ||||||
13 | (50 ILCS 750/15.3a) | ||||||
14 | (Section scheduled to be repealed on July 1, 2017) | ||||||
15 | Sec. 15.3a. Local wireless surcharge. | ||||||
16 | (a) Notwithstanding any other provision of this Act, a unit | ||||||
17 | of local government or emergency telephone system board | ||||||
18 | providing wireless 9-1-1 service and imposing and collecting a | ||||||
19 | wireless carrier surcharge prior to July 1, 1998 may continue | ||||||
20 | its practices of imposing and collecting its wireless carrier | ||||||
21 | surcharge, but, except as provided in subsection (b) of this | ||||||
22 | Section, in no event shall that monthly surcharge exceed $2.50 | ||||||
23 | per commercial mobile radio service (CMRS) connection or | ||||||
24 | in-service telephone number billed on a monthly basis. For | ||||||
25 | mobile telecommunications services provided on and after |
| |||||||
| |||||||
1 | August 1, 2002, any surcharge imposed shall be imposed based | ||||||
2 | upon the municipality or county that encompasses the customer's | ||||||
3 | place of primary use as defined in the Mobile | ||||||
4 | Telecommunications Sourcing Conformity Act. | ||||||
5 | (b) Until December 31, 2017, July 1, 2017, the corporate | ||||||
6 | authorities of a municipality with a population in excess of | ||||||
7 | 500,000 on the effective date of this amendatory Act of the | ||||||
8 | 99th General Assembly may by ordinance continue to impose and | ||||||
9 | collect a monthly surcharge per commercial mobile radio service | ||||||
10 | (CMRS) connection or in-service telephone number billed on a | ||||||
11 | monthly basis that does not exceed the highest monthly | ||||||
12 | surcharge imposed as of January 1, 2014 by any county or | ||||||
13 | municipality under subsection (c) of Section 15.3 of this Act. | ||||||
14 | Beginning January 1, 2018, and until December 31, 2020, a | ||||||
15 | municipality with a population in excess of 500,000 may by | ||||||
16 | ordinance continue to impose and collect a monthly surcharge | ||||||
17 | per commercial mobile radio service (CMRS) connection or | ||||||
18 | in-service telephone number billed on a monthly basis that does | ||||||
19 | not exceed $5.00. On or after January 1, 2021, July 1, 2017, | ||||||
20 | the municipality may continue imposing and collecting its | ||||||
21 | wireless carrier surcharge as provided in and subject to the | ||||||
22 | limitations of subsection (a) of this Section. | ||||||
23 | (c) In addition to any other lawful purpose, a municipality | ||||||
24 | with a population over 500,000 may use the moneys collected | ||||||
25 | under this Section for any anti-terrorism or emergency | ||||||
26 | preparedness measures, including, but not limited to, |
| |||||||
| |||||||
1 | preparedness planning, providing local matching funds for | ||||||
2 | federal or State grants, personnel training, and specialized | ||||||
3 | equipment, including surveillance cameras, as needed to deal | ||||||
4 | with natural and terrorist-inspired emergency situations or | ||||||
5 | events.
| ||||||
6 | (Source: P.A. 99-6, eff. 1-1-16 .) | ||||||
7 | (50 ILCS 750/15.4) (from Ch. 134, par. 45.4) | ||||||
8 | (Section scheduled to be repealed on July 1, 2017) | ||||||
9 | Sec. 15.4. Emergency Telephone System Board; powers. | ||||||
10 | (a) Except as provided in subsection (e) of this Section, | ||||||
11 | the corporate authorities of any county or municipality
may | ||||||
12 | establish an Emergency
Telephone System Board. | ||||||
13 | The corporate authorities shall provide for the
manner of | ||||||
14 | appointment and the number of members of the Board, provided | ||||||
15 | that
the board shall consist of not fewer than 5 members, one | ||||||
16 | of whom
must be a
public member who is a resident of the local | ||||||
17 | exchange service territory
included in the 9-1-1 coverage area, | ||||||
18 | one of whom (in counties with a
population less than 100,000) | ||||||
19 | may be a member of the county
board, and
at least 3 of whom | ||||||
20 | shall be representative of the 9-1-1 public safety agencies,
| ||||||
21 | including but not limited to police departments, fire | ||||||
22 | departments, emergency
medical services providers, and | ||||||
23 | emergency services and disaster agencies, and
appointed on the | ||||||
24 | basis of their ability or experience. In counties with a | ||||||
25 | population of more than 100,000 but less than 2,000,000, a |
| |||||||
| |||||||
1 | member of the county board may serve on the Emergency Telephone | ||||||
2 | System Board. Elected officials, including members of a county | ||||||
3 | board, are
also eligible to serve on the board. Members of the | ||||||
4 | board shall serve without
compensation but shall be reimbursed | ||||||
5 | for their actual and necessary
expenses. Any 2 or more | ||||||
6 | municipalities, counties, or combination thereof,
may, instead | ||||||
7 | of establishing
individual boards, establish by | ||||||
8 | intergovernmental agreement a Joint
Emergency Telephone System | ||||||
9 | Board pursuant to this Section. The manner of
appointment of | ||||||
10 | such a joint board shall be prescribed in the agreement. On or | ||||||
11 | after the effective date of this amendatory Act of the 100th | ||||||
12 | General Assembly, any new intergovernmental agreement entered | ||||||
13 | into to establish or join a Joint Emergency Telephone System | ||||||
14 | Board shall provide for the appointment of a PSAP | ||||||
15 | representative to the board. | ||||||
16 | Upon the effective date of this amendatory Act of the 98th | ||||||
17 | General Assembly, appointed members of the Emergency Telephone | ||||||
18 | System Board shall serve staggered 3-year terms if: (1) the | ||||||
19 | Board serves a county with a population of 100,000 or less; and | ||||||
20 | (2) appointments, on the effective date of this amendatory Act | ||||||
21 | of the 98th General Assembly, are not for a stated term. The | ||||||
22 | corporate authorities of the county or municipality shall | ||||||
23 | assign terms to the board members serving on the effective date | ||||||
24 | of this amendatory Act of the 98th General Assembly in the | ||||||
25 | following manner: (1) one-third of board members' terms shall | ||||||
26 | expire on January 1, 2015; (2) one-third of board members' |
| |||||||
| |||||||
1 | terms shall expire on January 1, 2016; and (3) remaining board | ||||||
2 | members' terms shall expire on January 1, 2017. Board members | ||||||
3 | may be re-appointed upon the expiration of their terms by the | ||||||
4 | corporate authorities of the county or municipality. | ||||||
5 | The corporate authorities of a county or municipality may, | ||||||
6 | by a vote of the majority of the members elected, remove an | ||||||
7 | Emergency Telephone System Board member for misconduct, | ||||||
8 | official misconduct, or neglect of office. | ||||||
9 | (b) The powers and duties of the board shall be defined by | ||||||
10 | ordinance
of the municipality or county, or by | ||||||
11 | intergovernmental agreement in the
case of a joint board. The | ||||||
12 | powers and duties shall include, but need not
be limited to the | ||||||
13 | following: | ||||||
14 | (1) Planning a 9-1-1 system. | ||||||
15 | (2) Coordinating and supervising the implementation, | ||||||
16 | upgrading, or
maintenance of the system, including the | ||||||
17 | establishment of equipment
specifications and coding | ||||||
18 | systems. | ||||||
19 | (3) Receiving moneys
from the surcharge imposed under | ||||||
20 | Section 15.3, or disbursed to it under Section 30, and
from | ||||||
21 | any other source, for deposit into the Emergency Telephone | ||||||
22 | System Fund. | ||||||
23 | (4) Authorizing all disbursements from the fund. | ||||||
24 | (5) Hiring any staff necessary for the implementation | ||||||
25 | or upgrade of the
system. | ||||||
26 | (6) (Blank). |
| |||||||
| |||||||
1 | (c) All moneys
received by a board pursuant to a surcharge | ||||||
2 | imposed under
Section 15.3, or disbursed to it under Section | ||||||
3 | 30, shall be deposited into a separate interest-bearing
| ||||||
4 | Emergency Telephone System Fund account. The treasurer of the | ||||||
5 | municipality or
county that has established the board or, in | ||||||
6 | the case of a joint board, any
municipal or county treasurer | ||||||
7 | designated in the intergovernmental agreement,
shall be | ||||||
8 | custodian of the fund. All interest accruing on the fund shall | ||||||
9 | remain
in the fund. No expenditures may be made from such fund | ||||||
10 | except upon the
direction of the board by resolution passed by | ||||||
11 | a majority of all members of the
board. | ||||||
12 | (d) The board shall complete a Master Street Address Guide | ||||||
13 | database before implementation of the
9-1-1 system. The error | ||||||
14 | ratio of the database shall not at any time
exceed 1% of the | ||||||
15 | total database. | ||||||
16 | (e) On and after January 1, 2016, no municipality or county | ||||||
17 | may create an Emergency Telephone System Board unless the board | ||||||
18 | is a Joint Emergency Telephone System Board. The corporate | ||||||
19 | authorities of any county or municipality entering into an | ||||||
20 | intergovernmental agreement to create or join a Joint Emergency | ||||||
21 | Telephone System Board shall rescind an the ordinance or | ||||||
22 | ordinances creating a single the original Emergency Telephone | ||||||
23 | System Board and shall eliminate the single Emergency Telephone | ||||||
24 | System Board, effective upon the creation of the Joint | ||||||
25 | Emergency Telephone System Board , with regulatory approval by | ||||||
26 | the Administrator, or joining of the Joint Emergency Telephone |
| |||||||
| |||||||
1 | System Board. Nothing in this Section shall be construed to | ||||||
2 | require the dissolution of an Emergency Telephone System Board | ||||||
3 | that is not succeeded by a Joint Emergency Telephone System | ||||||
4 | Board or is not required to consolidate under Section 15.4a of | ||||||
5 | this Act. | ||||||
6 | (f) Within one year after the effective date of this | ||||||
7 | amendatory Act of the 100th General Assembly, any corporate | ||||||
8 | authorities of a county or municipality, other than a | ||||||
9 | municipality with a population of more than 500,000, operating | ||||||
10 | a 9-1-1 system without an Emergency Telephone System Board or | ||||||
11 | Joint Emergency Telephone System Board shall create or join a | ||||||
12 | Joint Emergency Telephone System Board. | ||||||
13 | (Source: P.A. 98-481, eff. 8-16-13; 99-6, eff. 1-1-16 .) | ||||||
14 | (50 ILCS 750/15.4a) | ||||||
15 | (Section scheduled to be repealed on July 1, 2017) | ||||||
16 | Sec. 15.4a. Consolidation. | ||||||
17 | (a) By July 1, 2017, and except as otherwise provided in | ||||||
18 | this Section, Emergency Telephone System Boards, Joint | ||||||
19 | Emergency Telephone System Boards, qualified governmental | ||||||
20 | entities, and PSAPs shall be consolidated as follows, subject | ||||||
21 | to subsections (b) and (c) of this Section: | ||||||
22 | (1) In any county with a population of at least 250,000 | ||||||
23 | that has a single Emergency Telephone System Board, or | ||||||
24 | qualified governmental entity and more than 2 PSAPs, shall | ||||||
25 | reduce the number of PSAPs by at least 50% or to 2 PSAPs, |
| |||||||
| |||||||
1 | whichever is greater. Nothing in this paragraph shall | ||||||
2 | preclude consolidation resulting in one PSAP in the county. | ||||||
3 | (2) In any county with a population of at least 250,000 | ||||||
4 | that has more than one Emergency Telephone System Board, | ||||||
5 | Joint Emergency Telephone System Board, or qualified | ||||||
6 | governmental entity, any 9-1-1 Authority serving a | ||||||
7 | population of less than 25,000 shall be consolidated such | ||||||
8 | that no 9-1-1 Authority in the county serves a population | ||||||
9 | of less than 25,000. | ||||||
10 | (3) In any county with a population of at least 250,000 | ||||||
11 | but less than 1,000,000 that has more than one Emergency | ||||||
12 | Telephone System Board, Joint Emergency Telephone System | ||||||
13 | Board, or qualified governmental entity, each 9-1-1 | ||||||
14 | Authority shall reduce the number of PSAPs by at least 50% | ||||||
15 | or to 2 PSAPs, whichever is greater. Nothing in this | ||||||
16 | paragraph shall preclude consolidation of a 9-1-1 | ||||||
17 | Authority into a Joint Emergency Telephone System Board, | ||||||
18 | and nothing in this paragraph shall preclude consolidation | ||||||
19 | resulting in one PSAP in the county. | ||||||
20 | (4) In any county with a population of less than | ||||||
21 | 250,000 that has a single Emergency Telephone System Board | ||||||
22 | or qualified governmental entity and more than 2 PSAPs, the | ||||||
23 | 9-1-1 Authority shall reduce the number of PSAPs by at | ||||||
24 | least 50% or to 2 PSAPs, whichever is greater. Nothing in | ||||||
25 | this paragraph shall preclude consolidation resulting in | ||||||
26 | one PSAP in the county. |
| |||||||
| |||||||
1 | (5) In any county with a population of less than | ||||||
2 | 250,000 that has more than one Emergency Telephone System | ||||||
3 | Board, Joint Emergency Telephone System Board, or | ||||||
4 | qualified governmental entity and more than 2 PSAPS, the | ||||||
5 | 9-1-1 Authorities shall be consolidated into a single joint | ||||||
6 | board, and the number of PSAPs shall be reduced by at least | ||||||
7 | 50% or to 2 PSAPs, whichever is greater. Nothing in this | ||||||
8 | paragraph shall preclude consolidation resulting in one | ||||||
9 | PSAP in the county. | ||||||
10 | (6) Any 9-1-1 Authority that does not have a PSAP | ||||||
11 | within its jurisdiction shall be consolidated through an | ||||||
12 | intergovernmental agreement with an existing 9-1-1 | ||||||
13 | Authority that has a PSAP to create a Joint Emergency | ||||||
14 | Telephone Board. | ||||||
15 | (7) The corporate authorities of each county that has | ||||||
16 | no 9-1-1 service as of January 1, 2016 shall provide | ||||||
17 | enhanced 9-1-1 wireline and wireless enhanced 9-1-1 | ||||||
18 | service for that county by either (i) entering into an | ||||||
19 | intergovernmental agreement with an existing Emergency | ||||||
20 | Telephone System Board to create a new Joint Emergency | ||||||
21 | Telephone System Board, or (ii) entering into an | ||||||
22 | intergovernmental agreement with the corporate authorities | ||||||
23 | that have created an existing Joint Emergency Telephone | ||||||
24 | System Board. | ||||||
25 | (b) By July 1, 2016, each county required to consolidate | ||||||
26 | pursuant to paragraph (7) of subsection (a) of this Section and |
| |||||||
| |||||||
1 | each 9-1-1 Authority required to consolidate pursuant to | ||||||
2 | paragraphs (1) through (6) of subsection (a) of this Section | ||||||
3 | shall file a plan for consolidation or a request for a waiver | ||||||
4 | pursuant to subsection (c) of this Section with the Office | ||||||
5 | Division of the Statewide 9-1-1 Administrator . | ||||||
6 | (1) No county or 9-1-1 Authority may avoid the | ||||||
7 | requirements of this Section by converting primary PSAPs to | ||||||
8 | secondary or virtual answering points. Any county or 9-1-1 | ||||||
9 | Authority not in compliance with this Section shall be | ||||||
10 | ineligible to receive consolidation grant funds issued | ||||||
11 | under Section 15.4b of this Act or monthly disbursements | ||||||
12 | otherwise due under Section 30 of this Act, until the | ||||||
13 | county or 9-1-1 Authority is in compliance. | ||||||
14 | (2) Within 60 calendar days of receiving a | ||||||
15 | consolidation plan, the Statewide 9-1-1 Advisory Board | ||||||
16 | shall hold at least one public hearing on the plan and | ||||||
17 | provide a recommendation to the Administrator. Notice of | ||||||
18 | the hearing shall be provided to the respective entity to | ||||||
19 | which the plan applies. | ||||||
20 | (3) Within 90 calendar days of receiving a | ||||||
21 | consolidation plan, the Administrator shall approve the | ||||||
22 | plan, approve the plan as modified, or grant a waiver | ||||||
23 | pursuant to subsection (c) of this Section. In making his | ||||||
24 | or her decision, the Administrator shall consider any | ||||||
25 | recommendation from the Statewide 9-1-1 Advisory Board | ||||||
26 | regarding the plan. If the Administrator does not follow |
| |||||||
| |||||||
1 | the recommendation of the Board, the Administrator shall | ||||||
2 | provide a written explanation for the deviation in his or | ||||||
3 | her decision. | ||||||
4 | (4) The deadlines provided in this subsection may be | ||||||
5 | extended upon agreement between the Administrator and | ||||||
6 | entity which submitted the plan. | ||||||
7 | (c) A waiver from a consolidation required under subsection | ||||||
8 | (a) of this Section may be granted if the Administrator finds | ||||||
9 | that the consolidation will result in a substantial threat to | ||||||
10 | public safety, is economically unreasonable, or is technically | ||||||
11 | infeasible. | ||||||
12 | (d) Any decision of the Administrator under this Section | ||||||
13 | shall be deemed a final administrative decision and shall be | ||||||
14 | subject to judicial review under the Administrative Review Law.
| ||||||
15 | (Source: P.A. 99-6, eff. 1-1-16 .) | ||||||
16 | (50 ILCS 750/15.4b) | ||||||
17 | (Section scheduled to be repealed on July 1, 2017) | ||||||
18 | Sec. 15.4b. Consolidation grants. | ||||||
19 | (a) The Administrator, with the advice and recommendation | ||||||
20 | of the Statewide 9-1-1 Advisory Board, shall administer a 9-1-1 | ||||||
21 | System Consolidation Grant Program to defray costs associated | ||||||
22 | with 9-1-1 system consolidation of systems outside of a | ||||||
23 | municipality with a population in excess of 500,000. The | ||||||
24 | awarded grants will be used to offset non-recurring costs | ||||||
25 | associated with the consolidation of 9-1-1 systems and shall |
| |||||||
| |||||||
1 | not be used for ongoing operating costs associated with the | ||||||
2 | consolidated system. The Department, in consultation with the | ||||||
3 | Administrator and the Statewide 9-1-1 Advisory Board, shall | ||||||
4 | adopt rules defining the grant process and criteria for issuing | ||||||
5 | the grants. The grants should be awarded based on criteria that | ||||||
6 | include, but are not limited to: | ||||||
7 | (1) reducing the number of transfers of a 9-1-1 call; | ||||||
8 | (2) reducing the infrastructure required to adequately | ||||||
9 | provide 9-1-1 network services; | ||||||
10 | (3) promoting cost savings from resource sharing among | ||||||
11 | 9-1-1 systems; | ||||||
12 | (4) facilitating interoperability and resiliency for | ||||||
13 | the receipt of 9-1-1 calls; | ||||||
14 | (5) reducing the number of 9-1-1 systems or reducing | ||||||
15 | the number of PSAPs within a 9-1-1 system; | ||||||
16 | (6) cost saving resulting from 9-1-1 system | ||||||
17 | consolidation; and | ||||||
18 | (7) expanding E9-1-1 service coverage as a result of | ||||||
19 | 9-1-1 system consolidation including to areas without | ||||||
20 | E9-1-1 service. | ||||||
21 | Priority shall be given first to counties not providing | ||||||
22 | 9-1-1 service as of January 1, 2016, and next to other entities | ||||||
23 | consolidating as required under Section 15.4a of this Act. | ||||||
24 | (b) The 9-1-1 System Consolidation Grant application, as | ||||||
25 | defined by Department rules, shall be submitted electronically | ||||||
26 | to the Administrator starting January 2, 2016, and every |
| |||||||
| |||||||
1 | January 2 thereafter. The application shall include a modified | ||||||
2 | 9-1-1 system plan as required by this Act in support of the | ||||||
3 | consolidation plan. The Administrator shall have until June 30, | ||||||
4 | 2016 and every June 30 thereafter to approve 9-1-1 System | ||||||
5 | Consolidation grants and modified 9-1-1 system plans. Payment | ||||||
6 | under the approved 9-1-1 System Consolidation grants shall be | ||||||
7 | contingent upon the final approval of a modified 9-1-1 system | ||||||
8 | plan. | ||||||
9 | (c) Existing and previously completed consolidation | ||||||
10 | projects shall be eligible to apply for reimbursement of costs | ||||||
11 | related to the consolidation incurred between 2010 and the | ||||||
12 | State fiscal year of the application. | ||||||
13 | (d) The 9-1-1 systems that receive grants under this | ||||||
14 | Section shall provide a report detailing grant fund usage to | ||||||
15 | the Administrator pursuant to Section 40 of this Act.
| ||||||
16 | (Source: P.A. 99-6, eff. 1-1-16 .) | ||||||
17 | (50 ILCS 750/15.6a) | ||||||
18 | (Section scheduled to be repealed on July 1, 2017) | ||||||
19 | Sec. 15.6a. Wireless emergency 9-1-1 service. | ||||||
20 | (a) The digits "9-1-1" shall be the designated emergency | ||||||
21 | telephone number within the wireless system. | ||||||
22 | (b) The Department may set non-discriminatory and uniform | ||||||
23 | technical and operational standards consistent with the rules | ||||||
24 | of the Federal Communications Commission for directing calls to | ||||||
25 | authorized public safety answering points. These standards |
| |||||||
| |||||||
1 | shall not in any way prescribe the technology or manner a | ||||||
2 | wireless carrier shall use to deliver wireless 9-1-1 or | ||||||
3 | wireless E9-1-1 calls, and these standards shall not exceed the | ||||||
4 | requirements set by the Federal Communications Commission; | ||||||
5 | however, standards for directing calls to the authorized public | ||||||
6 | safety answering point shall be included. The authority given | ||||||
7 | to the Department in this Section is limited to setting | ||||||
8 | standards as set forth herein and does not constitute authority | ||||||
9 | to regulate wireless carriers. | ||||||
10 | (c) For the purpose of providing wireless 9-1-1 emergency | ||||||
11 | services, an emergency telephone system board or, in the | ||||||
12 | absence of an emergency telephone system board, a qualified | ||||||
13 | governmental entity, may declare its intention for one or more | ||||||
14 | of its public safety answering points to serve as a primary | ||||||
15 | wireless 9-1-1 public safety answering point for its | ||||||
16 | jurisdiction by notifying the Administrator in writing within 6 | ||||||
17 | months after receiving its authority to operate a 9-1-1 system | ||||||
18 | under this Act. In addition, 2 or more emergency telephone | ||||||
19 | system boards or qualified governmental entities may, by virtue | ||||||
20 | of an intergovernmental agreement, provide wireless 9-1-1 | ||||||
21 | service. Until the jurisdiction comes into compliance with | ||||||
22 | Section 15.4a of this Act, the The Department of State Police | ||||||
23 | shall be the primary wireless 9-1-1 public safety answering | ||||||
24 | point for any jurisdiction that did not provide notice to the | ||||||
25 | Illinois Commerce Commission and the Department prior to | ||||||
26 | January 1, 2016. |
| |||||||
| |||||||
1 | (d) The Administrator, upon a request from a qualified | ||||||
2 | governmental entity or an emergency telephone system board and | ||||||
3 | with the advice and recommendation of the Statewide 9-1-1 | ||||||
4 | Advisory Board, may grant authority to the emergency telephone | ||||||
5 | system board or a qualified governmental entity to provide | ||||||
6 | wireless 9-1-1 service in areas for which the Department has | ||||||
7 | accepted wireless 9-1-1 responsibility. The Administrator | ||||||
8 | shall maintain a current list of all 9-1-1 systems and | ||||||
9 | qualified governmental entities providing wireless 9-1-1 | ||||||
10 | service under this Act.
| ||||||
11 | (Source: P.A. 99-6, eff. 1-1-16 .) | ||||||
12 | (50 ILCS 750/17.5 new) | ||||||
13 | Sec. 17.5. 9-1-1 call transfer, forward, or relay. | ||||||
14 | (a) The General Assembly finds the following: | ||||||
15 | (1) Some 9-1-1 systems throughout this State do not | ||||||
16 | have a procedure in place to manually transfer, forward, or | ||||||
17 | relay 9-1-1 calls originating within one 9-1-1 system's | ||||||
18 | jurisdiction, but which should properly be answered and | ||||||
19 | dispatched by another 9-1-1 system, to the appropriate | ||||||
20 | 9-1-1 system for answering and dispatch of first | ||||||
21 | responders. | ||||||
22 | (2) On January 1, 2016, the General Assembly gave | ||||||
23 | oversight authority of 9-1-1 systems to the Department of | ||||||
24 | State Police. | ||||||
25 | (3) Since that date, the Department of State Police has |
| |||||||
| |||||||
1 | authorized individual 9-1-1 systems in counties and | ||||||
2 | municipalities to implement and upgrade enhanced 9-1-1 | ||||||
3 | systems throughout the State. | ||||||
4 | (b) The Department shall prepare a directory of all | ||||||
5 | authorized 9-1-1 systems in the State. The directory shall | ||||||
6 | include an emergency 24/7 10-digit telephone number for all | ||||||
7 | primary public safety answering points located in each 9-1-1 | ||||||
8 | system to which 9-1-1 calls from another jurisdiction can be | ||||||
9 | transferred. This directory shall be made available to each | ||||||
10 | 9-1-1 authority for its use in establishing standard operating | ||||||
11 | procedures regarding calls outside its 9-1-1 jurisdiction. | ||||||
12 | (c) Each 9-1-1 system shall provide the Department with the | ||||||
13 | following information: | ||||||
14 | (1) The name of the PSAP, a list of every participating | ||||||
15 | agency, and the county the PSAP is in, including college | ||||||
16 | and university public safety entities. | ||||||
17 | (2) The 24/7 10-digit emergency telephone number and | ||||||
18 | email address for the dispatch agency to which 9-1-1 calls | ||||||
19 | originating in another 9-1-1 jurisdiction can be | ||||||
20 | transferred or by which the PSAP can be contacted via email | ||||||
21 | to exchange information. Each 9-1-1 system shall provide | ||||||
22 | the Department with any changes to the participating | ||||||
23 | agencies and this number and email address immediately upon | ||||||
24 | the change occurring. Each 9-1-1 system shall provide the | ||||||
25 | PSAP information, the 24/7 10-digit emergency telephone | ||||||
26 | number and email address to the Manager of the Department's |
| |||||||
| |||||||
1 | 9-1-1 Program within 30 days of the effective date of this | ||||||
2 | amendatory Act of the 100th General Assembly. | ||||||
3 | (3) The standard operating procedure describing the | ||||||
4 | manner in which the 9-1-1 system will transfer, forward, or | ||||||
5 | relay 9-1-1 calls originating within its jurisdiction, but | ||||||
6 | which should properly be answered and dispatched by another | ||||||
7 | 9-1-1 system, to the appropriate 9-1-1 system. Each 9-1-1 | ||||||
8 | system shall provide the standard operating procedures to | ||||||
9 | the Manager of the Department's 9-1-1 Program within 180 | ||||||
10 | days after the effective date of this amendatory Act of the | ||||||
11 | 100th General Assembly. | ||||||
12 | (50 ILCS 750/19) | ||||||
13 | (Section scheduled to be repealed on July 1, 2017) | ||||||
14 | Sec. 19. Statewide 9-1-1 Advisory Board. | ||||||
15 | (a) Beginning July 1, 2015, there is created the Statewide | ||||||
16 | 9-1-1 Advisory Board within the Department of State Police. The | ||||||
17 | Board shall consist of the following 11 voting members: | ||||||
18 | (1) The Director of the State Police, or his or her | ||||||
19 | designee, who shall serve as chairman. | ||||||
20 | (2) The Executive Director of the Commission, or his or | ||||||
21 | her designee. | ||||||
22 | (3) Nine members appointed by the Governor as follows: | ||||||
23 | (A) one member representing the Illinois chapter | ||||||
24 | of the National Emergency Number Association, or his or | ||||||
25 | her designee; |
| |||||||
| |||||||
1 | (B) one member representing the Illinois chapter | ||||||
2 | of the Association of Public-Safety Communications | ||||||
3 | Officials, or his or her designee; | ||||||
4 | (C) one member representing a county 9-1-1 system | ||||||
5 | from a county with a population of less than 50,000; | ||||||
6 | (D) one member representing a county 9-1-1 system | ||||||
7 | from a county with a population between 50,000 and | ||||||
8 | 250,000; | ||||||
9 | (E) one member representing a county 9-1-1 system | ||||||
10 | from a county with a population of more than 250,000; | ||||||
11 | (F) one member representing a municipality with a | ||||||
12 | population of less than 500,000 in a county with a | ||||||
13 | population in excess of 2,000,000; | ||||||
14 | (G) one member representing the Illinois | ||||||
15 | Association of Chiefs of Police; | ||||||
16 | (H) one member representing the Illinois Sheriffs' | ||||||
17 | Association; and | ||||||
18 | (I) one member representing the Illinois Fire | ||||||
19 | Chiefs Association. | ||||||
20 | The Governor shall appoint the following non-voting | ||||||
21 | members: (i) one member representing an incumbent local | ||||||
22 | exchange 9-1-1 system provider; (ii) one member representing a | ||||||
23 | non-incumbent local exchange 9-1-1 system provider; (iii) one | ||||||
24 | member representing a large wireless carrier; (iv) one member | ||||||
25 | representing an incumbent local exchange a small wireless | ||||||
26 | carrier; and (v) one member representing the Illinois |
| |||||||
| |||||||
1 | Telecommunications Association ; (vi) one member representing | ||||||
2 | the Cable Television and Communication Association of | ||||||
3 | Illinois; and (vii) one member representing the Illinois State | ||||||
4 | Ambulance Association . The Speaker of the House of | ||||||
5 | Representatives, the Minority Leader of the House of | ||||||
6 | Representatives, the President of the Senate, and the Minority | ||||||
7 | Leader of the Senate may each appoint a member of the General | ||||||
8 | Assembly to temporarily serve as a non-voting member of the | ||||||
9 | Board during the 12 months prior to the repeal date of this Act | ||||||
10 | to discuss legislative initiatives of the Board. | ||||||
11 | (b) The Governor shall make initial appointments to the | ||||||
12 | Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the | ||||||
13 | voting members appointed by the Governor shall serve an initial | ||||||
14 | term of 2 years, and the remaining voting members appointed by | ||||||
15 | the Governor shall serve an initial term of 3 years. | ||||||
16 | Thereafter, each appointment by the Governor shall be for a | ||||||
17 | term of 3 years. Non-voting members shall serve for a term of 3 | ||||||
18 | years. Vacancies shall be filled in the same manner as the | ||||||
19 | original appointment. Persons appointed to fill a vacancy shall | ||||||
20 | serve for the balance of the unexpired term. | ||||||
21 | Members of the Statewide 9-1-1 Advisory Board shall serve | ||||||
22 | without compensation. | ||||||
23 | (c) The 9-1-1 Services Advisory Board, as constituted on | ||||||
24 | June 1, 2015 without the legislative members, shall serve in | ||||||
25 | the role of the Statewide 9-1-1 Advisory Board until all | ||||||
26 | appointments of voting members have been made by the Governor |
| |||||||
| |||||||
1 | under subsection (a) of this Section. | ||||||
2 | (d) The Statewide 9-1-1 Advisory Board shall: | ||||||
3 | (1) advise the Department of State Police and the | ||||||
4 | Statewide 9-1-1 Administrator on the oversight of 9-1-1 | ||||||
5 | systems and the development and implementation of a uniform | ||||||
6 | statewide 9-1-1 system; | ||||||
7 | (2) make recommendations to the Governor and the | ||||||
8 | General Assembly regarding improvements to 9-1-1 services | ||||||
9 | throughout the State; and | ||||||
10 | (3) exercise all other powers and duties provided in | ||||||
11 | this Act. | ||||||
12 | (e) The Statewide 9-1-1 Advisory Board shall submit to the | ||||||
13 | General Assembly a report by March 1 of each year providing an | ||||||
14 | update on the transition to a statewide 9-1-1 system and | ||||||
15 | recommending any legislative action. | ||||||
16 | (f) The Department of State Police shall provide | ||||||
17 | administrative support to the Statewide 9-1-1 Advisory Board.
| ||||||
18 | (Source: P.A. 99-6, eff. 6-29-15.) | ||||||
19 | (50 ILCS 750/20) | ||||||
20 | (Section scheduled to be repealed on July 1, 2017) | ||||||
21 | Sec. 20. Statewide surcharge. | ||||||
22 | (a) On and after January 1, 2016, and except with respect | ||||||
23 | to those customers who are subject to surcharges as provided in | ||||||
24 | Sections 15.3 and 15.3a of this Act, a monthly surcharge shall | ||||||
25 | be imposed on all customers of telecommunications carriers and |
| |||||||
| |||||||
1 | wireless carriers as follows: | ||||||
2 | (1) Each telecommunications carrier shall impose a | ||||||
3 | monthly surcharge of $0.87 per network connection; | ||||||
4 | provided, however, the monthly surcharge shall not apply to | ||||||
5 | a network connection provided for use with pay telephone | ||||||
6 | services. Where multiple voice grade communications | ||||||
7 | channels are connected between the subscriber's premises | ||||||
8 | and a public switched network through private branch | ||||||
9 | exchange (PBX) , or centrex type service , or other multiple | ||||||
10 | voice grade communication channels facility, there shall | ||||||
11 | be imposed 5 such surcharges per network connection for | ||||||
12 | both regular service and advanced service provisioned | ||||||
13 | trunk lines. Until December 31, 2017, the surcharge shall | ||||||
14 | be $0.87 per network connection and on and after January 1, | ||||||
15 | 2018, the surcharge shall be $1.50 per network connection. | ||||||
16 | (2) Each wireless carrier shall impose and collect a | ||||||
17 | monthly surcharge of $0.87 per CMRS connection that either | ||||||
18 | has a telephone number within an area code assigned to | ||||||
19 | Illinois by the North American Numbering Plan | ||||||
20 | Administrator or has a billing address in this State. Until | ||||||
21 | December 31, 2017, the surcharge shall be $0.87 per | ||||||
22 | connection and on and after January 1, 2018, the surcharge | ||||||
23 | shall be $1.50 per connection. | ||||||
24 | (b) State and local taxes shall not apply to the surcharges | ||||||
25 | imposed under this Section. | ||||||
26 | (c) The surcharges imposed by this Section shall be stated |
| |||||||
| |||||||
1 | as a separately stated item on subscriber bills. | ||||||
2 | (d) The telecommunications carrier collecting the | ||||||
3 | surcharge may deduct and retain an amount not to exceed shall | ||||||
4 | also be entitled to deduct 3% of the gross amount of surcharge | ||||||
5 | collected to reimburse the telecommunications carrier for the | ||||||
6 | expense of accounting and collecting the surcharge. On and | ||||||
7 | after July 1, 2022, the wireless carrier collecting a surcharge | ||||||
8 | under this Section may deduct and retain an amount not to | ||||||
9 | exceed shall be entitled to deduct up to 3% of the gross amount | ||||||
10 | of the surcharge collected to reimburse the wireless carrier | ||||||
11 | for the expense of accounting and collecting the surcharge. | ||||||
12 | (e) Surcharges imposed under this Section shall be | ||||||
13 | collected by the carriers and shall be remitted to the | ||||||
14 | Department , within 30 days of collection, remitted, either by | ||||||
15 | check or electronic funds transfer, by the end of the next | ||||||
16 | calendar month after the calendar month in which it was | ||||||
17 | collected to the Department for deposit into the Statewide | ||||||
18 | 9-1-1 Fund. Carriers are not required to remit surcharge moneys | ||||||
19 | that are billed to subscribers but not yet collected. | ||||||
20 | The first remittance by wireless carriers shall include the | ||||||
21 | number of subscribers by zip code, and the 9-digit zip code if | ||||||
22 | currently being used or later implemented by the carrier, that | ||||||
23 | shall be the means by which the Department shall determine | ||||||
24 | distributions from the Statewide 9-1-1 Fund. This information | ||||||
25 | shall be updated at least once each year. Any carrier that | ||||||
26 | fails to provide the zip code information required under this |
| |||||||
| |||||||
1 | subsection (e) shall be subject to the penalty set forth in | ||||||
2 | subsection (g) of this Section. | ||||||
3 | (f) If, within 8 calendar 5 business days after it is due | ||||||
4 | under subsection (e) of this Section, a carrier does not remit | ||||||
5 | the surcharge or any portion thereof required under this | ||||||
6 | Section, then the surcharge or portion thereof shall be deemed | ||||||
7 | delinquent until paid in full, and the Department may impose a | ||||||
8 | penalty against the carrier in an amount equal to the greater | ||||||
9 | of: | ||||||
10 | (1) $25 for each month or portion of a month from the | ||||||
11 | time an amount becomes delinquent until the amount is paid | ||||||
12 | in full; or | ||||||
13 | (2) an amount equal to the product of 1% and the sum of | ||||||
14 | all delinquent amounts for each month or portion of a month | ||||||
15 | that the delinquent amounts remain unpaid. | ||||||
16 | A penalty imposed in accordance with this subsection (f) | ||||||
17 | for a portion of a month during which the carrier pays the | ||||||
18 | delinquent amount in full shall be prorated for each day of | ||||||
19 | that month that the delinquent amount was paid in full. Any | ||||||
20 | penalty imposed under this subsection (f) is in addition to the | ||||||
21 | amount of the delinquency and is in addition to any other | ||||||
22 | penalty imposed under this Section. | ||||||
23 | (g) If, within 8 calendar 5 business days after it is due, | ||||||
24 | a wireless carrier does not provide the number of subscribers | ||||||
25 | by zip code as required under subsection (e) of this Section, | ||||||
26 | then the report is deemed delinquent and the Department may |
| |||||||
| |||||||
1 | impose a penalty against the carrier in an amount equal to the | ||||||
2 | greater of: | ||||||
3 | (1) $25 for each month or portion of a month that the | ||||||
4 | report is delinquent; or | ||||||
5 | (2) an amount equal to the product of $0.01 and the | ||||||
6 | number of subscribers served by the carrier for each month | ||||||
7 | or portion of a month that the delinquent report is not | ||||||
8 | provided . | ||||||
9 | A penalty imposed in accordance with this subsection (g) | ||||||
10 | for a portion of a month during which the carrier provides the | ||||||
11 | number of subscribers by zip code as required under subsection | ||||||
12 | (e) of this Section shall be prorated for each day of that | ||||||
13 | month during which the carrier had not provided the number of | ||||||
14 | subscribers by zip code as required under subsection (e) of | ||||||
15 | this Section. Any penalty imposed under this subsection (g) is | ||||||
16 | in addition to any other penalty imposed under this Section. | ||||||
17 | (h) A penalty imposed and collected in accordance with | ||||||
18 | subsection (f) or (g) of this Section shall be deposited into | ||||||
19 | the Statewide 9-1-1 Fund for distribution according to Section | ||||||
20 | 30 of this Act. | ||||||
21 | (i) The Department may enforce the collection of any | ||||||
22 | delinquent amount and any penalty due and unpaid under this | ||||||
23 | Section by legal action or in any other manner by which the | ||||||
24 | collection of debts due the State of Illinois may be enforced | ||||||
25 | under the laws of this State. The Department may excuse the | ||||||
26 | payment of any penalty imposed under this Section if the |
| |||||||
| |||||||
1 | Administrator determines that the enforcement of this penalty | ||||||
2 | is unjust. | ||||||
3 | (j) Notwithstanding any provision of law to the contrary, | ||||||
4 | nothing shall impair the right of wireless carriers to recover | ||||||
5 | compliance costs for all emergency communications services | ||||||
6 | that are not reimbursed out of the Wireless Carrier | ||||||
7 | Reimbursement Fund directly from their wireless subscribers by | ||||||
8 | line-item charges on the wireless subscriber's bill. Those | ||||||
9 | compliance costs include all costs incurred by wireless | ||||||
10 | carriers in complying with local, State, and federal regulatory | ||||||
11 | or legislative mandates that require the transmission and | ||||||
12 | receipt of emergency communications to and from the general | ||||||
13 | public, including, but not limited to, E9-1-1.
| ||||||
14 | (Source: P.A. 99-6, eff. 1-1-16 .) | ||||||
15 | (50 ILCS 750/30) | ||||||
16 | (Section scheduled to be repealed on July 1, 2017) | ||||||
17 | Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement. | ||||||
18 | (a) A special fund in the State treasury known as the | ||||||
19 | Wireless Service Emergency Fund shall be renamed the Statewide | ||||||
20 | 9-1-1 Fund. Any appropriations made from the Wireless Service | ||||||
21 | Emergency Fund shall be payable from the Statewide 9-1-1 Fund. | ||||||
22 | The Fund shall consist of the following: | ||||||
23 | (1) 9-1-1 wireless surcharges assessed under the | ||||||
24 | Wireless Emergency Telephone Safety Act. | ||||||
25 | (2) 9-1-1 surcharges assessed under Section 20 of this |
| |||||||
| |||||||
1 | Act. | ||||||
2 | (3) Prepaid wireless 9-1-1 surcharges assessed under | ||||||
3 | Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act. | ||||||
4 | (4) Any appropriations, grants, or gifts made to the | ||||||
5 | Fund. | ||||||
6 | (5) Any income from interest, premiums, gains, or other | ||||||
7 | earnings on moneys in the Fund. | ||||||
8 | (6) Money from any other source that is deposited in or | ||||||
9 | transferred to the Fund. | ||||||
10 | (b) Subject to appropriation and availability of funds , the | ||||||
11 | Department shall distribute the 9-1-1 surcharges monthly as | ||||||
12 | follows: | ||||||
13 | (1) From each surcharge collected and remitted under | ||||||
14 | Section 20 of this Act: | ||||||
15 | (A) $0.013 shall be distributed monthly in equal | ||||||
16 | amounts to each County Emergency Telephone System | ||||||
17 | Board or qualified governmental entity in counties | ||||||
18 | with a population under 100,000 according to the most | ||||||
19 | recent census data which is authorized to serve as a | ||||||
20 | primary wireless 9-1-1 public safety answering point | ||||||
21 | for the county and to provide wireless 9-1-1 service as | ||||||
22 | prescribed by subsection (b) of Section 15.6a of this | ||||||
23 | Act, and which does provide such service. | ||||||
24 | (B) $0.033 shall be transferred by the Comptroller | ||||||
25 | at the direction of the Department to the Wireless | ||||||
26 | Carrier Reimbursement Fund until June 30, 2017; from |
| |||||||
| |||||||
1 | July 1, 2017 through June 30, 2018, $0.026 shall be | ||||||
2 | transferred; from July 1, 2018 through June 30, 2019, | ||||||
3 | $0.020 shall be transferred; from July 1, 2019, through | ||||||
4 | June 30, 2020, $0.013 shall be transferred; from July | ||||||
5 | 1, 2020 through June 30, 2021, $0.007 will be | ||||||
6 | transferred; and after June 30, 2021, no transfer shall | ||||||
7 | be made to the Wireless Carrier Reimbursement Fund. | ||||||
8 | (C) Until December 31, 2017, $0.007 and on and | ||||||
9 | after January 1, 2018, $0.017 shall be used to cover | ||||||
10 | the Department's administrative costs. | ||||||
11 | (D) Beginning January 1, 2018, until June 30, 2020, | ||||||
12 | $0.12, and on and after July 1, 2020, $0.04 shall be | ||||||
13 | used to make monthly proportional grants to the | ||||||
14 | appropriate 9-1-1 Authority currently taking wireless | ||||||
15 | 9-1-1 based upon the United States Postal Zip Code of | ||||||
16 | the billing addresses of subscribers wireless | ||||||
17 | carriers. | ||||||
18 | (E) Until June 30, 2020, $0.05 shall be used by the | ||||||
19 | Department for grants for NG9-1-1 expenses, with | ||||||
20 | priority given to 9-1-1 Authorities that provide 9-1-1 | ||||||
21 | service within the territory of a Large Electing | ||||||
22 | Provider as defined in Section 13-406.1 of the Public | ||||||
23 | Utilities Act. | ||||||
24 | (F) On and after July 1, 2020, $0.13 shall be used | ||||||
25 | for the implementation of and continuing expenses for | ||||||
26 | the Statewide NG9-1-1 system. |
| |||||||
| |||||||
1 | (2) After disbursements under paragraph (1) of this | ||||||
2 | subsection (b), all remaining funds in the Statewide 9-1-1 | ||||||
3 | Fund shall be disbursed in the following priority order: | ||||||
4 | (A) The Fund shall will pay monthly to: | ||||||
5 | (i) the 9-1-1 Authorities that imposed | ||||||
6 | surcharges under Section 15.3 of this Act and were | ||||||
7 | required to report to the Illinois Commerce | ||||||
8 | Commission under Section 27 of the Wireless | ||||||
9 | Emergency Telephone Safety Act on October 1, 2014, | ||||||
10 | except a 9-1-1 Authority in a municipality with a | ||||||
11 | population in excess of 500,000, an amount equal to | ||||||
12 | the average monthly wireline and VoIP surcharge | ||||||
13 | revenue attributable to the most recent 12-month | ||||||
14 | period reported to the Department under that | ||||||
15 | Section for the October 1, 2014 filing, subject to | ||||||
16 | the power of the Department to investigate the | ||||||
17 | amount reported and adjust the number by order | ||||||
18 | under Article X of the Public Utilities Act, so | ||||||
19 | that the monthly amount paid under this item | ||||||
20 | accurately reflects one-twelfth of the aggregate | ||||||
21 | wireline and VoIP surcharge revenue properly | ||||||
22 | attributable to the most recent 12-month period | ||||||
23 | reported to the Commission; or | ||||||
24 | (ii) county qualified governmental entities | ||||||
25 | that did not impose a surcharge under Section 15.3 | ||||||
26 | as of December 31, 2015, and counties that did not |
| |||||||
| |||||||
1 | impose a surcharge as of June 30, 2015, an amount | ||||||
2 | equivalent to their population multiplied by .37 | ||||||
3 | multiplied by the rate of $0.69; counties that are | ||||||
4 | not county qualified governmental entities and | ||||||
5 | that did not impose a surcharge as of December 31, | ||||||
6 | 2015, shall not begin to receive the payment | ||||||
7 | provided for in this subsection until E9-1-1 and | ||||||
8 | wireless E9-1-1 services are provided within their | ||||||
9 | counties; or | ||||||
10 | (iii) counties without 9-1-1 service that had | ||||||
11 | a surcharge in place by December 31, 2015, an | ||||||
12 | amount equivalent to their population multiplied | ||||||
13 | by .37 multiplied by their surcharge rate as | ||||||
14 | established by the referendum. | ||||||
15 | (B) All 9-1-1 network costs for systems outside of | ||||||
16 | municipalities with a population of at least 500,000 | ||||||
17 | shall be paid by the Department directly to the | ||||||
18 | vendors. | ||||||
19 | (C) All expenses incurred by the Administrator and | ||||||
20 | the Statewide 9-1-1 Advisory Board and costs | ||||||
21 | associated with procurement under Section 15.6b | ||||||
22 | including requests for information and requests for | ||||||
23 | proposals. | ||||||
24 | (D) Funds may be held in reserve by the Statewide | ||||||
25 | 9-1-1 Advisory Board and disbursed by the Department | ||||||
26 | for grants under Section 15.4b of this Act Sections |
| |||||||
| |||||||
1 | 15.4a, 15.4b, and for NG9-1-1 expenses up to $12.5 | ||||||
2 | million per year in State fiscal years 2016 and 2017; | ||||||
3 | up to $20 $13.5 million in State fiscal year 2018; up | ||||||
4 | to $20.9 $14.4 million in State fiscal year 2019; up to | ||||||
5 | $15.3 million in State fiscal year 2020; up to $16.2 | ||||||
6 | million in State fiscal year 2021; up to $23.1 million | ||||||
7 | in State fiscal year 2022; and up to $17.0 million per | ||||||
8 | year for State fiscal year 2023 and each year | ||||||
9 | thereafter. The amount held in reserve in State fiscal | ||||||
10 | years 2018 and 2019 shall not be less than $6.5 | ||||||
11 | million. Disbursements under this subparagraph (D) | ||||||
12 | shall be prioritized as follows: (i) consolidation | ||||||
13 | grants prioritized under subsection (a) of Section | ||||||
14 | 15.4b of this Act; (ii) NG9-1-1 expenses; and (iii) | ||||||
15 | consolidation grants under Section 15.4b of this Act | ||||||
16 | for consolidation expenses incurred between January 1, | ||||||
17 | 2010, and January 1, 2016. | ||||||
18 | (E) All remaining funds per remit month shall be | ||||||
19 | used to make monthly proportional grants to the | ||||||
20 | appropriate 9-1-1 Authority currently taking wireless | ||||||
21 | 9-1-1 based upon the United States Postal Zip Code of | ||||||
22 | the billing addresses of subscribers of wireless | ||||||
23 | carriers. | ||||||
24 | (c) The moneys deposited into the Statewide 9-1-1 Fund | ||||||
25 | under this Section shall not be subject to administrative | ||||||
26 | charges or chargebacks unless otherwise authorized by this Act. |
| |||||||
| |||||||
1 | (d) Whenever two or more 9-1-1 Authorities consolidate, the | ||||||
2 | resulting Joint Emergency Telephone System Board shall be | ||||||
3 | entitled to the monthly payments that had theretofore been made | ||||||
4 | to each consolidating 9-1-1 Authority. Any reserves held by any | ||||||
5 | consolidating 9-1-1 Authority shall be transferred to the | ||||||
6 | resulting Joint Emergency Telephone System Board. Whenever a | ||||||
7 | county that has no 9-1-1 service as of January 1, 2016 enters | ||||||
8 | into an agreement to consolidate to create or join a Joint | ||||||
9 | Emergency Telephone System Board, the Joint Emergency | ||||||
10 | Telephone System Board shall be entitled to the monthly | ||||||
11 | payments that would have otherwise been paid to the county if | ||||||
12 | it had provided 9-1-1 service.
| ||||||
13 | (Source: P.A. 99-6, eff. 1-1-16 .) | ||||||
14 | (50 ILCS 750/35) | ||||||
15 | (Section scheduled to be repealed on July 1, 2017) | ||||||
16 | Sec. 35. 9-1-1 surcharge; allowable expenditures. Except | ||||||
17 | as otherwise provided in this Act, expenditures from surcharge | ||||||
18 | revenues received under this Act may be made by municipalities, | ||||||
19 | counties, and 9-1-1 Authorities only to pay for the costs | ||||||
20 | associated with the following: | ||||||
21 | (1) The design of the Emergency Telephone System. | ||||||
22 | (2) The coding of an initial Master Street Address | ||||||
23 | Guide database, and update and maintenance thereof. | ||||||
24 | (3) The repayment of any moneys advanced for the | ||||||
25 | implementation of the system. |
| |||||||
| |||||||
1 | (4) The charges for Automatic Number Identification | ||||||
2 | and Automatic Location Identification equipment, a | ||||||
3 | computer aided dispatch system that records, maintains, | ||||||
4 | and integrates information, mobile data transmitters | ||||||
5 | equipped with automatic vehicle locators, and maintenance, | ||||||
6 | replacement, and update thereof to increase operational | ||||||
7 | efficiency and improve the provision of emergency | ||||||
8 | services. | ||||||
9 | (5) The non-recurring charges related to installation | ||||||
10 | of the Emergency Telephone System. | ||||||
11 | (6) The initial acquisition and installation, or the | ||||||
12 | reimbursement of costs therefor to other governmental | ||||||
13 | bodies that have incurred those costs, of road or street | ||||||
14 | signs that are essential to the implementation of the | ||||||
15 | Emergency Telephone System and that are not duplicative of | ||||||
16 | signs that are the responsibility of the jurisdiction | ||||||
17 | charged with maintaining road and street signs. Funds may | ||||||
18 | not be used for ongoing expenses associated with road or | ||||||
19 | street sign maintenance and replacement. | ||||||
20 | (7) Other products and services necessary for the | ||||||
21 | implementation, upgrade, and maintenance of the system and | ||||||
22 | any other purpose related to the operation of the system, | ||||||
23 | including costs attributable directly to the construction, | ||||||
24 | leasing, or maintenance of any buildings or facilities or | ||||||
25 | costs of personnel attributable directly to the operation | ||||||
26 | of the system. Costs attributable directly to the operation |
| |||||||
| |||||||
1 | of an emergency telephone system do not include the costs | ||||||
2 | of public safety agency personnel who are and equipment | ||||||
3 | that is dispatched in response to an emergency call. | ||||||
4 | (8) The defraying of expenses incurred to implement | ||||||
5 | Next Generation 9-1-1, subject to the conditions set forth | ||||||
6 | in this Act. | ||||||
7 | (9) The implementation of a computer aided dispatch | ||||||
8 | system or hosted supplemental 9-1-1 services. | ||||||
9 | (10) The design, implementation, operation, | ||||||
10 | maintenance, or upgrade of wireless 9-1-1 , or E9-1-1 , or | ||||||
11 | NG9-1-1 emergency services and public safety answering | ||||||
12 | points. | ||||||
13 | Moneys in the Statewide 9-1-1 Fund may also be transferred | ||||||
14 | to a participating fire protection district to reimburse | ||||||
15 | volunteer firefighters who man remote telephone switching | ||||||
16 | facilities when dedicated 9-1-1 lines are down. | ||||||
17 | In the case of a municipality with a population over | ||||||
18 | 500,000, moneys may also be used for any anti-terrorism or | ||||||
19 | emergency preparedness measures, including, but not limited | ||||||
20 | to, preparedness planning, providing local matching funds for | ||||||
21 | federal or State grants, personnel training, and specialized | ||||||
22 | equipment, including surveillance cameras, as needed to deal | ||||||
23 | with natural and terrorist-inspired emergency situations or | ||||||
24 | events.
| ||||||
25 | (Source: P.A. 99-6, eff. 1-1-16 .) |
| |||||||
| |||||||
1 | (50 ILCS 750/40) | ||||||
2 | (Section scheduled to be repealed on July 1, 2017) | ||||||
3 | Sec. 40. Financial reports. | ||||||
4 | (a) The Department shall create uniform accounting | ||||||
5 | procedures, with such modification as may be required to give | ||||||
6 | effect to statutory provisions applicable only to | ||||||
7 | municipalities with a population in excess of 500,000, that any | ||||||
8 | emergency telephone system board, qualified governmental | ||||||
9 | entity, or unit of local government receiving surcharge money | ||||||
10 | pursuant to Section 15.3, 15.3a, or 30 of this Act must follow. | ||||||
11 | (b) By January 31, 2018, and every January 31 thereafter | ||||||
12 | October 1, 2016, and every October 1 thereafter , each emergency | ||||||
13 | telephone system board, qualified governmental entity, or unit | ||||||
14 | of local government receiving surcharge money pursuant to | ||||||
15 | Section 15.3, 15.3a, or 30 shall report to the Department | ||||||
16 | audited financial statements showing total revenue and | ||||||
17 | expenditures for the period beginning with the end of the | ||||||
18 | period covered by the last submitted report through the end of | ||||||
19 | the previous calendar year previous fiscal year in a form and | ||||||
20 | manner as prescribed by the Department. Such financial | ||||||
21 | information shall include: | ||||||
22 | (1) a detailed summary of revenue from all sources | ||||||
23 | including, but not limited to, local, State, federal, and | ||||||
24 | private revenues, and any other funds received; | ||||||
25 | (2) all expenditures made during the reporting period | ||||||
26 | from distributions under this Act; operating expenses, |
| |||||||
| |||||||
1 | capital expenditures, and cash balances; and | ||||||
2 | (3) call data and statistics, when available, from the | ||||||
3 | reporting period, as specified by the Department and | ||||||
4 | collected in accordance with any reporting method | ||||||
5 | established or required such other financial information | ||||||
6 | that is relevant to the provision of 9-1-1 services as | ||||||
7 | determined by the Department ; . | ||||||
8 | (4) all costs associated with dispatching appropriate | ||||||
9 | public safety agencies to respond to 9-1-1 calls received | ||||||
10 | by the PSAP; and | ||||||
11 | (5) all funding sources and amounts of funding used for | ||||||
12 | costs described in paragraph (4) of this subsection (b). | ||||||
13 | The emergency telephone system board, qualified | ||||||
14 | governmental entity, or unit of local government is responsible | ||||||
15 | for any costs associated with auditing such financial | ||||||
16 | statements. The Department shall post the audited financial | ||||||
17 | statements on the Department's website. | ||||||
18 | (c) Along with its audited financial statement, each | ||||||
19 | emergency telephone system board, qualified governmental | ||||||
20 | entity, or unit of local government receiving a grant under | ||||||
21 | Section 15.4b of this Act shall include a report of the amount | ||||||
22 | of grant moneys received and how the grant moneys were used. In | ||||||
23 | case of a conflict between this requirement and the Grant | ||||||
24 | Accountability and Transparency Act, or with the rules of the | ||||||
25 | Governor's Office of Management and Budget adopted thereunder, | ||||||
26 | that Act and those rules shall control. |
| |||||||
| |||||||
1 | (d) If an emergency telephone system board or qualified | ||||||
2 | governmental entity that receives funds from the Statewide | ||||||
3 | 9-1-1 Fund fails to file the 9-1-1 system financial reports as | ||||||
4 | required under this Section, the Department shall suspend and | ||||||
5 | withhold monthly disbursements otherwise due to the emergency | ||||||
6 | telephone system board or qualified governmental entity under | ||||||
7 | Section 30 of this Act until the report is filed. | ||||||
8 | Any monthly disbursements that have been withheld for 12 | ||||||
9 | months or more shall be forfeited by the emergency telephone | ||||||
10 | system board or qualified governmental entity and shall be | ||||||
11 | distributed proportionally by the Department to compliant | ||||||
12 | emergency telephone system boards and qualified governmental | ||||||
13 | entities that receive funds from the Statewide 9-1-1 Fund. | ||||||
14 | Any emergency telephone system board or qualified | ||||||
15 | governmental entity not in compliance with this Section shall | ||||||
16 | be ineligible to receive any consolidation grant or | ||||||
17 | infrastructure grant issued under this Act. | ||||||
18 | (e) The Department may adopt emergency rules necessary to | ||||||
19 | implement the provisions of this Section.
| ||||||
20 | (f) Any findings or decisions of the Department under this | ||||||
21 | Section shall be deemed a final administrative decision and | ||||||
22 | shall be subject to judicial review under the Administrative | ||||||
23 | Review Law. | ||||||
24 | (g) Beginning October 1, 2017, the Department shall provide | ||||||
25 | a quarterly report to the Board of its expenditures from the | ||||||
26 | Statewide 9-1-1 Fund for the prior fiscal quarter. |
| |||||||
| |||||||
1 | (Source: P.A. 99-6, eff. 1-1-16 .) | ||||||
2 | (50 ILCS 750/55) | ||||||
3 | (Section scheduled to be repealed on July 1, 2017) | ||||||
4 | Sec. 55. Public disclosure. Because of the highly | ||||||
5 | competitive nature of the wireless telephone industry, public | ||||||
6 | disclosure of information about surcharge moneys paid by | ||||||
7 | wireless carriers could have the effect of stifling competition | ||||||
8 | to the detriment of the public and the delivery of wireless | ||||||
9 | 9-1-1 services. Therefore, the Illinois Commerce Commission, | ||||||
10 | the Department of State Police, governmental agencies, and | ||||||
11 | individuals with access to that information shall take | ||||||
12 | appropriate steps to prevent public disclosure of this | ||||||
13 | information. Information and data supporting the amount and | ||||||
14 | distribution of surcharge moneys collected and remitted by an | ||||||
15 | individual wireless carrier shall be deemed exempt information | ||||||
16 | for purposes of the Freedom of Information Act and shall not be | ||||||
17 | publicly disclosed. The gross amount paid by all carriers shall | ||||||
18 | not be deemed exempt and may be publicly disclosed.
| ||||||
19 | (Source: P.A. 99-6, eff. 1-1-16 .) | ||||||
20 | (50 ILCS 750/99) | ||||||
21 | (Section scheduled to be repealed on July 1, 2017) | ||||||
22 | Sec. 99. Repealer. This Act is repealed on December 31, | ||||||
23 | 2020 July 1, 2017 .
| ||||||
24 | (Source: P.A. 99-6, eff. 6-29-15.) |
| |||||||
| |||||||
1 | Section 20. The Prepaid Wireless 9-1-1 Surcharge Act is | ||||||
2 | amended by changing Section 15 as follows: | ||||||
3 | (50 ILCS 753/15)
| ||||||
4 | Sec. 15. Prepaid wireless 9-1-1 surcharge. | ||||||
5 | (a) Until September 30, 2015, there is hereby imposed on | ||||||
6 | consumers a prepaid wireless 9-1-1 surcharge of 1.5% per retail | ||||||
7 | transaction. Beginning October 1, 2015, the prepaid wireless | ||||||
8 | 9-1-1 surcharge shall be 3% per retail transaction.
The | ||||||
9 | surcharge authorized by this subsection (a) does not apply in a | ||||||
10 | home rule municipality having a population in excess of | ||||||
11 | 500,000. | ||||||
12 | (a-5) On or after the effective date of this amendatory Act | ||||||
13 | of the 98th General Assembly and until December 31, 2020, July | ||||||
14 | 1, 2017, a home rule municipality having a population in excess | ||||||
15 | of 500,000 on the effective date of this amendatory Act may | ||||||
16 | impose a prepaid wireless 9-1-1 surcharge not to exceed 9% per | ||||||
17 | retail transaction sourced to that jurisdiction and collected | ||||||
18 | and remitted in accordance with the provisions of subsection | ||||||
19 | (b-5) of this Section. On or after January 1, 2021, July 1, | ||||||
20 | 2017, a home rule municipality having a population in excess of | ||||||
21 | 500,000 on the effective date of this Act may only impose a | ||||||
22 | prepaid wireless 9-1-1 surcharge not to exceed 7% per retail | ||||||
23 | transaction sourced to that jurisdiction and collected and | ||||||
24 | remitted in accordance with the provisions of subsection (b-5). |
| |||||||
| |||||||
1 | (b) The prepaid wireless 9-1-1 surcharge shall be collected | ||||||
2 | by the seller from the consumer with respect to each retail | ||||||
3 | transaction occurring in this State and shall be remitted to | ||||||
4 | the Department by the seller as provided in this Act. The | ||||||
5 | amount of the prepaid wireless 9-1-1 surcharge shall be | ||||||
6 | separately stated as a distinct item apart from the charge for | ||||||
7 | the prepaid wireless telecommunications service on an invoice, | ||||||
8 | receipt, or other similar document that is provided to the | ||||||
9 | consumer by the seller or shall be otherwise disclosed to the | ||||||
10 | consumer.
If the seller does not separately state the surcharge | ||||||
11 | as a distinct item to the consumer as provided in this Section, | ||||||
12 | then the seller shall maintain books and records as required by | ||||||
13 | this Act which clearly identify the amount of the 9-1-1 | ||||||
14 | surcharge for retail transactions. | ||||||
15 | For purposes of this subsection (b), a retail transaction | ||||||
16 | occurs in this State if (i) the retail transaction is made in | ||||||
17 | person by a consumer at the seller's business location and the | ||||||
18 | business is located within the State; (ii) the seller is a | ||||||
19 | provider and sells prepaid wireless telecommunications service | ||||||
20 | to a consumer located in Illinois; (iii) the retail transaction | ||||||
21 | is treated as occurring in this State for purposes of the | ||||||
22 | Retailers' Occupation Tax Act; or (iv) a seller that is | ||||||
23 | included within the definition of a "retailer maintaining a | ||||||
24 | place of business in this State" under Section 2 of the Use Tax | ||||||
25 | Act makes a sale of prepaid wireless telecommunications service | ||||||
26 | to a consumer located in Illinois. In the case of a retail |
| |||||||
| |||||||
1 | transaction which does not occur in person at a seller's | ||||||
2 | business location, if a consumer uses a credit card to purchase | ||||||
3 | prepaid wireless telecommunications service on-line or over | ||||||
4 | the telephone, and no product is shipped to the consumer, the | ||||||
5 | transaction occurs in this State if the billing address for the | ||||||
6 | consumer's credit card is in this State. | ||||||
7 | (b-5) The prepaid wireless 9-1-1 surcharge imposed under | ||||||
8 | subsection (a-5) of this Section shall be collected by the | ||||||
9 | seller from the consumer with respect to each retail | ||||||
10 | transaction occurring in the municipality imposing the | ||||||
11 | surcharge. The amount of the prepaid wireless 9-1-1 surcharge | ||||||
12 | shall be separately stated on an invoice, receipt, or other | ||||||
13 | similar document that is provided to the consumer by the seller | ||||||
14 | or shall be otherwise disclosed to the consumer. If the seller | ||||||
15 | does not separately state the surcharge as a distinct item to | ||||||
16 | the consumer as provided in this Section, then the seller shall | ||||||
17 | maintain books and records as required by this Act which | ||||||
18 | clearly identify the amount of the 9-1-1 surcharge for retail | ||||||
19 | transactions. | ||||||
20 | For purposes of this subsection (b-5), a retail transaction | ||||||
21 | occurs in the municipality if (i) the retail transaction is | ||||||
22 | made in person by a consumer at the seller's business location | ||||||
23 | and the business is located within the municipality; (ii) the | ||||||
24 | seller is a provider and sells prepaid wireless | ||||||
25 | telecommunications service to a consumer located in the | ||||||
26 | municipality; (iii) the retail transaction is treated as |
| |||||||
| |||||||
1 | occurring in the municipality for purposes of the Retailers' | ||||||
2 | Occupation Tax Act; or (iv) a seller that is included within | ||||||
3 | the definition of a "retailer maintaining a place of business | ||||||
4 | in this State" under Section 2 of the Use Tax Act makes a sale | ||||||
5 | of prepaid wireless telecommunications service to a consumer | ||||||
6 | located in the municipality. In the case of a retail | ||||||
7 | transaction which does not occur in person at a seller's | ||||||
8 | business location, if a consumer uses a credit card to purchase | ||||||
9 | prepaid wireless telecommunications service on-line or over | ||||||
10 | the telephone, and no product is shipped to the consumer, the | ||||||
11 | transaction occurs in the municipality if the billing address | ||||||
12 | for the consumer's credit card is in the municipality. | ||||||
13 | (c) The prepaid wireless 9-1-1 surcharge is imposed on the | ||||||
14 | consumer and not on any provider. The seller shall be liable to | ||||||
15 | remit all prepaid wireless 9-1-1 surcharges that the seller | ||||||
16 | collects from consumers as provided in Section 20, including | ||||||
17 | all such surcharges that the seller is deemed to collect where | ||||||
18 | the amount of the surcharge has not been separately stated on | ||||||
19 | an invoice, receipt, or other similar document provided to the | ||||||
20 | consumer by the seller.
The surcharge collected or deemed | ||||||
21 | collected by a seller shall constitute a debt owed by the | ||||||
22 | seller to this State, and any such surcharge actually collected | ||||||
23 | shall be held in trust for the benefit of the Department. | ||||||
24 | For purposes of this subsection (c), the surcharge shall | ||||||
25 | not be imposed or collected from entities that have an active | ||||||
26 | tax exemption identification number issued by the Department |
| |||||||
| |||||||
1 | under Section 1g of the Retailers' Occupation Tax Act. | ||||||
2 | (d) The amount of the prepaid wireless 9-1-1 surcharge that | ||||||
3 | is collected by a seller from a consumer, if such amount is | ||||||
4 | separately stated on an invoice, receipt, or other similar | ||||||
5 | document provided to the consumer by the seller, shall not be | ||||||
6 | included in the base for measuring any tax, fee, surcharge, or | ||||||
7 | other charge that is imposed by this State, any political | ||||||
8 | subdivision of this State, or any intergovernmental agency.
| ||||||
9 | (e) (Blank).
| ||||||
10 | (e-5) Any changes in the rate of the surcharge imposed by a | ||||||
11 | municipality under the authority granted in subsection (a-5) of | ||||||
12 | this Section shall be effective on the first day of the first | ||||||
13 | calendar month to occur at least 60 days after the enactment of | ||||||
14 | the change. The Department shall provide not less than 30 days' | ||||||
15 | notice of the increase or reduction in the rate of such | ||||||
16 | surcharge on the Department's website. | ||||||
17 | (f) When prepaid wireless telecommunications service is | ||||||
18 | sold with one or more other products or services for a single, | ||||||
19 | non-itemized price, then the percentage specified in | ||||||
20 | subsection (a) or (a-5) of this Section 15 shall be applied to | ||||||
21 | the entire non-itemized price unless the seller elects to apply | ||||||
22 | the percentage to (i) the dollar amount of the prepaid wireless | ||||||
23 | telecommunications service if that dollar amount is disclosed | ||||||
24 | to the consumer or (ii) the portion of the price that is | ||||||
25 | attributable to the prepaid wireless telecommunications | ||||||
26 | service if the retailer can identify that portion by reasonable |
| |||||||
| |||||||
1 | and verifiable standards from its books and records that are | ||||||
2 | kept in the regular course of business for other purposes, | ||||||
3 | including, but not limited to, books and records that are kept | ||||||
4 | for non-tax purposes. However, if a minimal amount of prepaid | ||||||
5 | wireless telecommunications service is sold with a prepaid | ||||||
6 | wireless device for a single, non-itemized price, then the | ||||||
7 | seller may elect not to apply the percentage specified in | ||||||
8 | subsection (a) or (a-5) of this Section 15 to such transaction. | ||||||
9 | For purposes of this subsection, an amount of service | ||||||
10 | denominated as 10 minutes or less or $5 or less is considered | ||||||
11 | minimal.
| ||||||
12 | (g) The prepaid wireless 9-1-1 surcharge imposed under | ||||||
13 | subsections (a) and (a-5) of this Section is not imposed on the | ||||||
14 | provider or the consumer for wireless Lifeline service where | ||||||
15 | the consumer does not pay the provider for the service. Where | ||||||
16 | the consumer purchases from the provider optional minutes, | ||||||
17 | texts, or other services in addition to the federally funded | ||||||
18 | Lifeline benefit, a consumer must pay the prepaid wireless | ||||||
19 | 9-1-1 surcharge, and it must be collected by the seller | ||||||
20 | according to subsection (b-5). | ||||||
21 | (Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.) | ||||||
22 | Section 25. The Public Utilities Act is amended by changing | ||||||
23 | Sections 13-102, 13-103, 13-230, 13-301.1, 13-406, 13-703, | ||||||
24 | 13-1200, 21-401, and 21-1601 and by adding Section 13-406.1 as | ||||||
25 | follows:
|
| |||||||
| |||||||
1 | (220 ILCS 5/13-102) (from Ch. 111 2/3, par. 13-102)
| ||||||
2 | (Section scheduled to be repealed on July 1, 2017)
| ||||||
3 | Sec. 13-102. Findings. With respect to telecommunications | ||||||
4 | services, as
herein defined, the General Assembly finds that:
| ||||||
5 | (a) universally available and widely affordable | ||||||
6 | telecommunications
services are essential to the health, | ||||||
7 | welfare and prosperity of all Illinois
citizens;
| ||||||
8 | (b) federal regulatory and judicial rulings in the 1980s | ||||||
9 | caused a
restructuring of the telecommunications industry and | ||||||
10 | opened some
aspects of the industry to competitive entry, | ||||||
11 | thereby necessitating
revision of State telecommunications | ||||||
12 | regulatory policies and practices;
| ||||||
13 | (c) revisions in telecommunications regulatory policies | ||||||
14 | and practices in
Illinois beginning in the mid-1980s brought | ||||||
15 | the benefits of competition to
consumers in many | ||||||
16 | telecommunications markets, but not in local exchange
| ||||||
17 | telecommunications service markets;
| ||||||
18 | (d) the federal Telecommunications Act of 1996 established | ||||||
19 | the goal of
opening all telecommunications service markets to | ||||||
20 | competition and
accords to the states the responsibility to | ||||||
21 | establish and enforce
policies necessary to attain that goal;
| ||||||
22 | (e) it is in the immediate interest of the People of the | ||||||
23 | State of Illinois
for the State to exercise its rights within | ||||||
24 | the new framework of federal
telecommunications policy to | ||||||
25 | ensure that the economic benefits of competition
in all |
| |||||||
| |||||||
1 | telecommunications service markets are realized as
effectively | ||||||
2 | as possible;
| ||||||
3 | (f) the competitive offering of all telecommunications | ||||||
4 | services
will increase innovation and efficiency in the | ||||||
5 | provision of
telecommunications services and may lead to | ||||||
6 | reduced prices for consumers,
increased investment in | ||||||
7 | communications infrastructure, the creation of new
jobs, and | ||||||
8 | the attraction of new businesses to Illinois; and
| ||||||
9 | (g) protection of the public interest requires changes in | ||||||
10 | the regulation of
telecommunications carriers and services to | ||||||
11 | ensure, to the maximum feasible
extent, the reasonable and | ||||||
12 | timely development of effective competition in all
| ||||||
13 | telecommunications service markets ; .
| ||||||
14 | (h) Illinois residents rely on today's modern wired and | ||||||
15 | wireless Internet Protocol (IP) networks and services to | ||||||
16 | improve their lives by connecting them to school and college | ||||||
17 | degrees, work and job opportunities, family and friends, | ||||||
18 | information, and entertainment, as well as emergency | ||||||
19 | responders and public safety officials; Illinois businesses | ||||||
20 | rely on these modern IP networks and services to compete in a | ||||||
21 | global marketplace by expanding their customer base, managing | ||||||
22 | inventory and operations more efficiently, and offering | ||||||
23 | customers specialized and personalized products and services; | ||||||
24 | without question, Illinois residents and our State's economy | ||||||
25 | rely profoundly on the modern wired and wireless IP networks | ||||||
26 | and services in our State; |
| |||||||
| |||||||
1 | (i) the transition from 20th century traditional circuit | ||||||
2 | switched and other legacy telephone services to modern 21st | ||||||
3 | century next generation Internet Protocol (IP) services is | ||||||
4 | taking place at an extraordinary pace as Illinois consumers are | ||||||
5 | upgrading to home communications service using IP technology, | ||||||
6 | including high speed Internet, Voice over Internet Protocol, | ||||||
7 | and wireless service; | ||||||
8 | (j) this rapid transition to IP-based communications has | ||||||
9 | dramatically transformed the way people communicate and has | ||||||
10 | provided significant benefits to consumers in the form of | ||||||
11 | innovative functionalities resulting from the seamless | ||||||
12 | convergence of voice, video, and text, benefits realized by the | ||||||
13 | General Assembly when it chose to transition its own | ||||||
14 | telecommunications system to an all IP communications network | ||||||
15 | in 2016; | ||||||
16 | (k) the benefits of the transition to IP-based networks and | ||||||
17 | services were also recognized by the General Assembly in 2015 | ||||||
18 | through the enactment of legislation requiring that every 9-1-1 | ||||||
19 | emergency system in Illinois provide Next Generation 9-1-1 | ||||||
20 | service by July 1, 2020, and requiring that the Next Generation | ||||||
21 | 9-1-1 network must be an IP-based platform; and | ||||||
22 | (l) completing the transition to all IP-based networks and | ||||||
23 | technologies is in the public interest because it will promote | ||||||
24 | continued innovation, consumer benefits, increased | ||||||
25 | efficiencies, and increased investment in IP-based networks | ||||||
26 | and services. |
| |||||||
| |||||||
1 | (Source: P.A. 90-185, eff. 7-23-97 .)
| ||||||
2 | (220 ILCS 5/13-103) (from Ch. 111 2/3, par. 13-103)
| ||||||
3 | (Section scheduled to be repealed on July 1, 2017)
| ||||||
4 | Sec. 13-103. Policy. Consistent with its findings, the | ||||||
5 | General Assembly
declares that it is the policy of the State of | ||||||
6 | Illinois that:
| ||||||
7 | (a) telecommunications services should be
available to all | ||||||
8 | Illinois
citizens at just, reasonable, and affordable rates and | ||||||
9 | that such services
should be provided as widely and | ||||||
10 | economically as possible in sufficient
variety, quality, | ||||||
11 | quantity and reliability to satisfy the public interest;
| ||||||
12 | (b) consistent with the protection of consumers of
| ||||||
13 | telecommunications services and the furtherance of other | ||||||
14 | public interest
goals, competition in all telecommunications | ||||||
15 | service markets should be
pursued as a
substitute for | ||||||
16 | regulation in determining the variety, quality and price
of | ||||||
17 | telecommunications services and that the economic burdens of | ||||||
18 | regulation
should be reduced to the extent possible consistent | ||||||
19 | with the furtherance of
market competition and protection of | ||||||
20 | the
public interest;
| ||||||
21 | (c) all necessary and appropriate modifications to State | ||||||
22 | regulation of
telecommunications carriers and services should | ||||||
23 | be implemented without
unnecessary disruption to the | ||||||
24 | telecommunications
infrastructure
system or to consumers of
| ||||||
25 | telecommunications services and that it is necessary and |
| |||||||
| |||||||
1 | appropriate to
establish rules to encourage and ensure orderly
| ||||||
2 | transitions in the development of markets for all
| ||||||
3 | telecommunications services;
| ||||||
4 | (d) the consumers of telecommunications services and | ||||||
5 | facilities provided
by persons or companies subject to | ||||||
6 | regulation pursuant to this Act and Article
should be required | ||||||
7 | to pay only reasonable and non-discriminatory rates or
charges | ||||||
8 | and that in no case should rates or charges for non-competitive
| ||||||
9 | telecommunications services include any portion of the cost of | ||||||
10 | providing
competitive telecommunications services, as defined | ||||||
11 | in Section 13-209, or
the cost of any nonregulated activities;
| ||||||
12 | (e) the regulatory policies and procedures provided in this | ||||||
13 | Article are
established in recognition of the changing nature | ||||||
14 | of the telecommunications
industry and therefore should be | ||||||
15 | subject to systematic legislative review to
ensure that the | ||||||
16 | public benefits intended to result from such policies and
| ||||||
17 | procedures are fully realized; and
| ||||||
18 | (f) development of and prudent investment in advanced
| ||||||
19 | telecommunications services and networks that foster economic | ||||||
20 | development
of the State
should be encouraged through the | ||||||
21 | implementation and enforcement of policies
that promote | ||||||
22 | effective and sustained competition in all
telecommunications | ||||||
23 | service markets ; and .
| ||||||
24 | (g) completion of the transition to modern IP-based | ||||||
25 | networks should be encouraged through relief from the outdated | ||||||
26 | regulations that require continued investment in legacy |
| |||||||
| |||||||
1 | circuit switched networks from which Illinois consumers have | ||||||
2 | largely transitioned, while at the same time ensuring that | ||||||
3 | consumers have access to available alternative services that | ||||||
4 | provide quality voice service and access to emergency | ||||||
5 | communications. | ||||||
6 | (Source: P.A. 90-185, eff. 7-23-97 .)
| ||||||
7 | (220 ILCS 5/13-230) | ||||||
8 | (Section scheduled to be repealed on July 1, 2017) | ||||||
9 | Sec. 13-230. Prepaid calling service. "Prepaid calling | ||||||
10 | service" means telecommunications service that must be paid for | ||||||
11 | in advance by an end user, enables the end user to originate | ||||||
12 | calls using an access number or authorization code, whether | ||||||
13 | manually or electronically dialed, and is sold in predetermined | ||||||
14 | units or dollars of which the number declines with use in a | ||||||
15 | known amount. A prepaid calling service call is a call made by | ||||||
16 | an end user using prepaid calling service. "Prepaid calling | ||||||
17 | service" does not include a wireless telecommunications | ||||||
18 | service that allows a caller to dial 9-1-1 to access the 9-1-1 | ||||||
19 | system, which service must be paid for in advance, and is sold | ||||||
20 | in predetermined units or dollars and the amount declines with | ||||||
21 | use in a known amount prepaid wireless telecommunications | ||||||
22 | service as defined in Section 10 of the Wireless Emergency | ||||||
23 | Telephone Safety Act .
| ||||||
24 | (Source: P.A. 97-463, eff. 1-1-12 .)
|
| |||||||
| |||||||
1 | (220 ILCS 5/13-301.1) (from Ch. 111 2/3, par. 13-301.1)
| ||||||
2 | (Section scheduled to be repealed on July 1, 2017)
| ||||||
3 | Sec. 13-301.1. Universal Telephone Service Assistance | ||||||
4 | Program.
| ||||||
5 | (a) The Commission shall by rule or regulation establish a | ||||||
6 | Universal
Telephone Service Assistance Program for low income | ||||||
7 | residential customers.
The program shall provide for a | ||||||
8 | reduction of access line charges, a
reduction of connection | ||||||
9 | charges, or any other alternative assistance or program to | ||||||
10 | increase
accessibility to telephone service and broadband | ||||||
11 | Internet access service that the Commission deems advisable
| ||||||
12 | subject to the availability of funds for the program as | ||||||
13 | provided in subsections
subsection (d) and (e) . The Commission | ||||||
14 | shall establish eligibility
requirements
for benefits under | ||||||
15 | the program.
| ||||||
16 | (b) The Commission shall adopt rules providing for enhanced | ||||||
17 | enrollment for
eligible consumers to receive lifeline service. | ||||||
18 | Enhanced enrollment may
include, but is not limited to, joint | ||||||
19 | marketing, joint application, or joint
processing with the | ||||||
20 | Low-Income Home Energy Assistance Program, the Medicaid
| ||||||
21 | Program, and the Food Stamp Program. The Department of Human | ||||||
22 | Services, the
Department of Healthcare and Family Services, and | ||||||
23 | the Department of Commerce and Economic Opportunity,
upon | ||||||
24 | request of the Commission, shall assist in the adoption and | ||||||
25 | implementation
of those rules. The Commission and the | ||||||
26 | Department of Human Services, the
Department of Healthcare and |
| |||||||
| |||||||
1 | Family Services, and the Department of Commerce and Economic | ||||||
2 | Opportunity
may enter into memoranda of understanding | ||||||
3 | establishing the respective duties of
the Commission and the | ||||||
4 | Departments in relation to enhanced enrollment.
| ||||||
5 | (c) In this Section : , | ||||||
6 | "Lifeline "lifeline service" means a retail local | ||||||
7 | service
offering described by 47 CFR C.F.R. Section | ||||||
8 | 54.401(a), as amended.
| ||||||
9 | (d) The Commission shall require by rule or regulation that | ||||||
10 | each
telecommunications carrier providing local exchange | ||||||
11 | telecommunications
services notify its customers that if the | ||||||
12 | customer wishes to participate in
the funding of the Universal | ||||||
13 | Telephone Service Assistance Program he may do
so by electing | ||||||
14 | to contribute, on a monthly basis, a fixed amount that will
be | ||||||
15 | included in the customer's monthly bill. The customer may cease
| ||||||
16 | contributing at any time upon providing notice to the | ||||||
17 | telecommunications
carrier providing local exchange | ||||||
18 | telecommunications services. The notice
shall state that any | ||||||
19 | contribution made will not reduce the customer's bill
for | ||||||
20 | telecommunications services. Failure to remit the amount of | ||||||
21 | increased
payment will reduce the contribution accordingly. | ||||||
22 | The Commission shall
specify the monthly fixed amount or | ||||||
23 | amounts that customers wishing to
contribute to the funding of | ||||||
24 | the Universal Telephone Service Assistance
Program may choose | ||||||
25 | from in making their contributions. Every
telecommunications | ||||||
26 | carrier providing local exchange telecommunications
services |
| |||||||
| |||||||
1 | shall remit the amounts contributed in accordance with the | ||||||
2 | terms
of the Universal Telephone Service Assistance Program.
| ||||||
3 | (e) Amounts collected and remitted under subsection (d) | ||||||
4 | may, to the extent the Commission deems advisable, be used for | ||||||
5 | funding a program to be administered by the entity designated | ||||||
6 | by the Commission as administrator of the Universal Telephone | ||||||
7 | Service Assistance Program for educating and assisting | ||||||
8 | low-income residential customers with a transition to Internet | ||||||
9 | protocol-based networks and services. This program may | ||||||
10 | include, but need not be limited to, measures designed to | ||||||
11 | notify and educate residential customers regarding the | ||||||
12 | availability of alternative voice services with access to | ||||||
13 | 9-1-1, access to and use of broadband Internet access service, | ||||||
14 | and pricing options. | ||||||
15 | (Source: P.A. 94-793, eff. 5-19-06; 95-331, eff. 8-21-07 .)"; | ||||||
16 | and
| ||||||
17 | (220 ILCS 5/13-406) (from Ch. 111 2/3, par. 13-406)
| ||||||
18 | (Section scheduled to be repealed on July 1, 2017)
| ||||||
19 | Sec. 13-406. Abandonment of service. No telecommunications | ||||||
20 | carrier offering or providing
noncompetitive | ||||||
21 | telecommunications service pursuant to a valid
Certificate of | ||||||
22 | Service Authority or certificate of public convenience and
| ||||||
23 | necessity shall discontinue or abandon such service once | ||||||
24 | initiated until
and unless it shall demonstrate, and the | ||||||
25 | Commission finds, after notice and
hearing, that such |
| |||||||
| |||||||
1 | discontinuance or abandonment will not deprive customers
of any | ||||||
2 | necessary or essential telecommunications service or access | ||||||
3 | thereto
and is not otherwise contrary to the public interest. | ||||||
4 | No
telecommunications carrier offering or providing | ||||||
5 | competitive
telecommunications service shall completely | ||||||
6 | discontinue or abandon such service to an identifiable class or | ||||||
7 | group of customers once
initiated except upon 60 days notice to | ||||||
8 | the Commission and affected
customers. The Commission may, upon | ||||||
9 | its own motion or upon complaint,
investigate the proposed | ||||||
10 | discontinuance or abandonment of a competitive
| ||||||
11 | telecommunications service and may, after notice and hearing, | ||||||
12 | prohibit such
proposed discontinuance or abandonment if the | ||||||
13 | Commission finds that it
would be contrary to the public | ||||||
14 | interest. If the Commission does not provide notice of a | ||||||
15 | hearing within 60 calendar days after the notification or holds | ||||||
16 | a hearing and fails to find that the proposed discontinuation | ||||||
17 | or abandonment would be contrary to the public interest, the | ||||||
18 | provider may discontinue or abandon such service after | ||||||
19 | providing at least 30 days notice to affected customers. This | ||||||
20 | Section does not apply to a Large Electing Provider proceeding | ||||||
21 | under Section 13-406.1.
| ||||||
22 | (Source: P.A. 96-927, eff. 6-15-10 .)
| ||||||
23 | (220 ILCS 5/13-406.1 new) | ||||||
24 | Sec. 13-406.1. Large Electing Provider transition to | ||||||
25 | IP-based networks and service. |
| |||||||
| |||||||
1 | (a) As used in this Section: | ||||||
2 | "Alternative voice service" means service that includes | ||||||
3 | all of the applicable functionalities for voice telephony | ||||||
4 | services described in 47 CFR 54.101(a). | ||||||
5 | "Existing customer" means a residential customer of the | ||||||
6 | Large Electing Provider who is subscribing to a | ||||||
7 | telecommunications service on the date the Large Electing | ||||||
8 | Provider sends its notice under paragraph (1) of subsection (c) | ||||||
9 | of this Section of its intent to cease offering and providing | ||||||
10 | service. For purposes of this Section, a residential customer | ||||||
11 | of the Large Electing Provider whose service has been | ||||||
12 | temporarily suspended, but not finally terminated as of the | ||||||
13 | date that the Large Electing Provider sends that notice, shall | ||||||
14 | be deemed to be an "existing customer". | ||||||
15 | "Large Electing Provider" means an Electing Provider, as | ||||||
16 | defined in Section 13-506.2 of this Act, that (i) reported in | ||||||
17 | its annual competition report for the year 2016 filed with the | ||||||
18 | Commission under Section 13-407 of this Act and 83 Ill. Adm. | ||||||
19 | Code 793 that it provided at least 700,000 access lines to end | ||||||
20 | users; and (ii) is affiliated with a provider of commercial | ||||||
21 | mobile radio service, as defined in 47 CFR 20.3, as of January | ||||||
22 | 1, 2017. | ||||||
23 | "New customer" means a residential customer who is not | ||||||
24 | subscribing to a telecommunications service provided by the | ||||||
25 | Large Electing Provider on the date the Large Electing Provider | ||||||
26 | sends its notice under paragraph (1) of subsection (c) of this |
| |||||||
| |||||||
1 | Section of its intent to cease offering and providing that | ||||||
2 | service. | ||||||
3 | "Provider" includes every corporation, company, | ||||||
4 | association, firm, partnership, and individual and their | ||||||
5 | lessees, trustees, or receivers appointed by a court that sell | ||||||
6 | or offer to sell an alternative voice service. | ||||||
7 | "Reliable access to 9-1-1" means access to 9-1-1 that | ||||||
8 | complies with the applicable rules, regulations, and | ||||||
9 | guidelines established by the Federal Communications | ||||||
10 | Commission and the applicable provisions of the Emergency | ||||||
11 | Telephone System Act and implementing rules. | ||||||
12 | "Willing provider" means a provider that voluntarily | ||||||
13 | participates in the request for service process. | ||||||
14 | (b) Beginning June 30, 2017, a Large Electing Provider may, | ||||||
15 | to the extent permitted by and consistent with federal law, | ||||||
16 | including, as applicable, approval by the Federal | ||||||
17 | Communications Commission of the discontinuance of the | ||||||
18 | interstate-access component of a telecommunications service, | ||||||
19 | cease to offer and provide a telecommunications service to an | ||||||
20 | identifiable class or group of customers, other than voice | ||||||
21 | telecommunications service to residential customers or a | ||||||
22 | telecommunications service to a class of customers under | ||||||
23 | subsection (b-5) of this Section, upon 60 days' notice to the | ||||||
24 | Commission and affected customers. | ||||||
25 | (b-5) Notwithstanding any provision to the contrary in this | ||||||
26 | Section 13-406.1, beginning December 31, 2021, a Large Electing |
| |||||||
| |||||||
1 | Provider may, to the extent permitted by and consistent with | ||||||
2 | federal law, including, if applicable, approval by the Federal | ||||||
3 | Communications Commission of the discontinuance of the | ||||||
4 | interstate-access component of a telecommunication service, | ||||||
5 | cease to offer and provide a telecommunications service to one | ||||||
6 | or more of the following classes or groups of customers upon 60 | ||||||
7 | days' notice to the Commission and affected customers: (1) | ||||||
8 | electric utilities, as defined in Section 16-102 of this Act; | ||||||
9 | (2) public utilities, as defined in Section 3-105 of this Act, | ||||||
10 | that offers natural gas or water services; (3) electric, gas, | ||||||
11 | and water utilities that are excluded from the definition of | ||||||
12 | public utility under paragraph (1) of subsection (b) of Section | ||||||
13 | 3-105 of this Act; (4) water companies as described in | ||||||
14 | paragraph (2) of subsection (b) of Section 3-105 of this Act; | ||||||
15 | (5) natural gas cooperatives as described in paragraph (4) of | ||||||
16 | subsection (b) of Section 3-105 of this Act; (6) electric | ||||||
17 | cooperatives as defined in Section 3-119 of this Act; (7) | ||||||
18 | entities engaged in the commercial generation of electric power | ||||||
19 | and energy; (8) the functional divisions of public agencies, as | ||||||
20 | defined in Section 2 of the Emergency Telephone System Act, | ||||||
21 | that provide police or firefighting services; and (9) 9-1-1 | ||||||
22 | Authorities, as defined in Section 2 of the Emergency Telephone | ||||||
23 | System Act; provided that the date shall be extended to | ||||||
24 | December 21, 2022, for (i) an electric utility, as defined in | ||||||
25 | Section 16-102 of this Act, that serves more than 3 million | ||||||
26 | customers in the State; and (ii) an entity engaged in the |
| |||||||
| |||||||
1 | commercial generation of electric power and energy that | ||||||
2 | operates one or more nuclear power plants in the State. | ||||||
3 | (c) Beginning June 30, 2017, a Large Electing Provider may, | ||||||
4 | to the extent permitted by and consistent with federal law, | ||||||
5 | cease to offer and provide voice telecommunications service to | ||||||
6 | an identifiable class or group of residential customers, which, | ||||||
7 | for the purposes of this subsection (c), shall be referred to | ||||||
8 | as "requested service", subject to compliance with the | ||||||
9 | following requirements: | ||||||
10 | (1) No less than 255 days prior to providing notice to | ||||||
11 | the Federal Communications Commission of its intent to | ||||||
12 | discontinue the interstate-access component of the | ||||||
13 | requested service, the Large Electing Provider shall: | ||||||
14 | (A) file a notice of the proposed cessation of the | ||||||
15 | requested service with the Commission, which shall | ||||||
16 | include a statement that the Large Electing Provider | ||||||
17 | will comply with any service discontinuance rules and | ||||||
18 | regulations of the Federal Communications Commission | ||||||
19 | pertaining to compatibility of alternative voice | ||||||
20 | services with medical monitoring devices; and | ||||||
21 | (B) provide notice of the proposed cessation of the | ||||||
22 | requested service to each of the Large Electing | ||||||
23 | Provider's existing customers within the affected | ||||||
24 | geographic area by first-class mail separate from | ||||||
25 | customer bills. If the customer has elected to receive | ||||||
26 | electronic billing, the notice shall be sent |
| |||||||
| |||||||
1 | electronically and by first-class mail separate from | ||||||
2 | customer bills. The notice provided under this | ||||||
3 | subparagraph (B) shall describe the requested service, | ||||||
4 | identify the earliest date on which the Large Electing | ||||||
5 | Provider intends to cease offering or providing the | ||||||
6 | telecommunications service, provide a telephone number | ||||||
7 | by which the existing customer may contact a service | ||||||
8 | representative of the Large Electing Provider, and | ||||||
9 | provide a telephone number by which the existing | ||||||
10 | customer may contact the Commission's Consumer | ||||||
11 | Services Division. The notice shall also include the | ||||||
12 | following statement: | ||||||
13 | "If you do not believe that an alternative | ||||||
14 | voice service including reliable access to 9-1-1 | ||||||
15 | is available to you, from either [name of Large | ||||||
16 | Electing Provider] or another provider of wired or | ||||||
17 | wireless voice service where you live, you have the | ||||||
18 | right to request the Illinois Commerce Commission | ||||||
19 | to investigate the availability of alternative | ||||||
20 | voice service including reliable access to 9-1-1. | ||||||
21 | To do so, you must submit such a request either in | ||||||
22 | writing or by signing and returning a copy of this | ||||||
23 | notice, no later than (insert date), 60 days after | ||||||
24 | the date of the notice to the following address: | ||||||
25 | Chief Clerk of the Illinois Commerce Commission | ||||||
26 | 527 East Capitol Avenue |
| |||||||
| |||||||
1 | Springfield, Illinois 62706 | ||||||
2 | You must include in your request a reference to | ||||||
3 | the notice you received from [Large Electing | ||||||
4 | Provider's name] and the date of notice.". | ||||||
5 | Thirty days following the date of notice, the Large | ||||||
6 | Electing Provider shall provide each customer to which | ||||||
7 | the notice was sent a follow-up notice containing the | ||||||
8 | same information and reminding customers of the | ||||||
9 | deadline for requesting the Commission to investigate | ||||||
10 | alternative voice service with access to 9-1-1. | ||||||
11 | (2) After June 30, 2017, and only in a geographic area | ||||||
12 | for which a Large Electing Provider has provided notice of | ||||||
13 | proposed cessation of the requested service to existing | ||||||
14 | customers under paragraph (1) of this subsection (c), an | ||||||
15 | existing customer of that provider may, within 60 days | ||||||
16 | after issuance of such notice, request the Commission to | ||||||
17 | investigate the availability of alternative voice service | ||||||
18 | including reliable access to 9-1-1 to that customer. For | ||||||
19 | the purposes of this paragraph (2), existing customers who | ||||||
20 | make such a request are referred to as "requesting existing | ||||||
21 | customers". The Large Electing Provider may cease to offer | ||||||
22 | or provide the requested service to existing customers who | ||||||
23 | do not make a request for investigation beginning 30 days | ||||||
24 | after issuance of the notice required by paragraph (5) of | ||||||
25 | this subsection (c). | ||||||
26 | (A) In response to all requests and investigations |
| |||||||
| |||||||
1 | under this paragraph (2), the Commission shall conduct | ||||||
2 | a single investigation to be commenced 75 days after | ||||||
3 | the receipt of notice under paragraph (1) of this | ||||||
4 | subsection (c), and completed within 135 days after | ||||||
5 | commencement. The Commission shall, within 135 days | ||||||
6 | after commencement of the investigation, make one of | ||||||
7 | the findings described in subdivisions (i) and (ii) of | ||||||
8 | this subparagraph (A) for each requesting existing | ||||||
9 | customer. | ||||||
10 | (i) If, as a result of the investigation, the | ||||||
11 | Commission finds that service from at least one | ||||||
12 | provider offering alternative voice service | ||||||
13 | including reliable access to 9-1-1 through any | ||||||
14 | technology or medium is available to one or more | ||||||
15 | requesting existing customers, the Commission | ||||||
16 | shall declare by order that, with respect to each | ||||||
17 | requesting existing customer for which such a | ||||||
18 | finding is made, the Large Electing Provider may | ||||||
19 | cease to offer or provide the requested service | ||||||
20 | beginning 30 days after the issuance of the notice | ||||||
21 | required by paragraph (5) of this subsection (c). | ||||||
22 | (ii) If, as a result of the investigation, the | ||||||
23 | Commission finds that service from at least one | ||||||
24 | provider offering alternative voice service, | ||||||
25 | including reliable access to 9-1-1, through any | ||||||
26 | technology or medium is not available to one or |
| |||||||
| |||||||
1 | more requesting existing customers, the Commission | ||||||
2 | shall declare by order that an emergency exists | ||||||
3 | with respect to each requesting existing customer | ||||||
4 | for which such a finding is made. | ||||||
5 | (B) If the Commission declares an emergency under | ||||||
6 | subdivision (ii) of subparagraph (A) of this paragraph | ||||||
7 | (2) with respect to one or more requesting existing | ||||||
8 | customers, the Commission shall conduct a request for | ||||||
9 | service process to identify a willing provider of | ||||||
10 | alternative voice service including reliable access to | ||||||
11 | 9-1-1. A provider shall not be required to participate | ||||||
12 | in the request for service process. The willing | ||||||
13 | provider may utilize any form of technology that is | ||||||
14 | capable of providing alternative voice service | ||||||
15 | including reliable access to 9-1-1, including, without | ||||||
16 | limitation, Voice over Internet Protocol services and | ||||||
17 | wireless services. The Commission shall, within 45 | ||||||
18 | days after the issuance of an order finding that an | ||||||
19 | emergency exists, make one of the determinations | ||||||
20 | described in subdivisions (i) and (ii) of this | ||||||
21 | subparagraph (B) for each requesting existing customer | ||||||
22 | for which an emergency has been declared. | ||||||
23 | (i) If the Commission determines that another | ||||||
24 | provider is willing and capable of providing | ||||||
25 | alternative voice service including reliable | ||||||
26 | access to 9-1-1 to one or more requesting existing |
| |||||||
| |||||||
1 | customers for which an emergency has been | ||||||
2 | declared, the Commission shall declare by order | ||||||
3 | that, with respect to each requesting existing | ||||||
4 | customer for which such a determination is made, | ||||||
5 | the Large Electing Provider may cease to offer or | ||||||
6 | provide the requested service beginning 30 days | ||||||
7 | after the issuance of the notice required by | ||||||
8 | paragraph (5) of this Section. | ||||||
9 | (ii) If the Commission determines that for one | ||||||
10 | or more of the requesting existing customers for | ||||||
11 | which an emergency has been declared there is no | ||||||
12 | other provider willing and capable of providing | ||||||
13 | alternative voice service including reliable | ||||||
14 | access to 9-1-1, the Commission shall issue an | ||||||
15 | order requiring the Large Electing Provider to | ||||||
16 | provide alternative voice service including | ||||||
17 | reliable access to 9-1-1 to each requesting | ||||||
18 | existing customer utilizing any form of technology | ||||||
19 | capable of providing alternative voice service | ||||||
20 | including reliable access to 9-1-1, including, | ||||||
21 | without limitation, continuation of the requested | ||||||
22 | service, Voice over Internet Protocol services, | ||||||
23 | and wireless services, until another willing | ||||||
24 | provider is available. A Large Electing Provider | ||||||
25 | may fulfill the requirement through an affiliate | ||||||
26 | or another provider. The Large Electing Provider |
| |||||||
| |||||||
1 | may request that such an order be rescinded upon a | ||||||
2 | showing that an alternative voice service | ||||||
3 | including reliable access to 9-1-1 has become | ||||||
4 | available to the requesting existing customer from | ||||||
5 | another provider. | ||||||
6 | (3) If the Commission receives no requests for | ||||||
7 | investigation from any existing customer under paragraph | ||||||
8 | (2) of this subsection (c) within 60 days after issuance of | ||||||
9 | the notice under paragraph (1) of this subsection (c), the | ||||||
10 | Commission shall provide written notice to the Large | ||||||
11 | Electing Provider of that fact no later than 75 days after | ||||||
12 | receipt of notice under paragraph (1) of this subsection | ||||||
13 | (c). Notwithstanding any provision of this subsection (c) | ||||||
14 | to the contrary, if no existing customer requests an | ||||||
15 | investigation under paragraph (2) of this subsection (c), | ||||||
16 | the Large Electing Provider may immediately provide the | ||||||
17 | notice to the Federal Communications Commission as | ||||||
18 | described in paragraph (4) of this subsection (c). | ||||||
19 | (4) At the same time that it provides notice to the | ||||||
20 | Federal Communications Commission of its intent to | ||||||
21 | discontinue the interstate-access component of the | ||||||
22 | requested service, the Large Electing Provider shall: | ||||||
23 | (A) file a notice of proposal to cease to offer and | ||||||
24 | provide the requested service with the Commission; and | ||||||
25 | (B) provide a notice of proposal to cease to offer | ||||||
26 | and provide the requested service to existing |
| |||||||
| |||||||
1 | customers and new customers receiving the service at | ||||||
2 | the time of the notice within each affected geographic | ||||||
3 | area, with the notice made by first-class mail or | ||||||
4 | within customer bills delivered by mail or equivalent | ||||||
5 | means of notice, including electronic means if the | ||||||
6 | customer has elected to receive electronic billing. | ||||||
7 | The notice provided under this subparagraph (B) shall | ||||||
8 | include a brief description of the requested service, | ||||||
9 | the date on which the Large Electing Provider intends | ||||||
10 | to cease offering or providing the telecommunications | ||||||
11 | service, and a statement as required by 47 CFR 63.71 | ||||||
12 | that describes the process by which the customer may | ||||||
13 | submit comments to the Federal Communications | ||||||
14 | Commission. | ||||||
15 | (5) Upon approval by the Federal Communications | ||||||
16 | Commission of its request to discontinue the | ||||||
17 | interstate-access component of the requested service and | ||||||
18 | subject to the requirements of any order issued by the | ||||||
19 | Commission under subdivision (ii) of subparagraph (B) of | ||||||
20 | paragraph (2) of this subsection (c), the Large Electing | ||||||
21 | Provider may immediately cease to offer the requested | ||||||
22 | service to all customers not receiving the service on the | ||||||
23 | date of the Federal Communications Commission's approval | ||||||
24 | and may cease to offer and provide the requested service to | ||||||
25 | all customers receiving the service at the time of the | ||||||
26 | Federal Communications Commission's approval upon 30 days' |
| |||||||
| |||||||
1 | notice to the Commission and affected customers. Notice to | ||||||
2 | affected customers under this paragraph (5) shall be | ||||||
3 | provided by first-class mail separate from customer bills. | ||||||
4 | The notice provided under this paragraph (5) shall describe | ||||||
5 | the requested service, identify the date on which the Large | ||||||
6 | Electing Provider intends to cease offering or providing | ||||||
7 | the telecommunications service, and provide a telephone | ||||||
8 | number by which the existing customer may contact a service | ||||||
9 | representative of the Large Electing Provider. | ||||||
10 | (6) The notices provided for in paragraph (1) of this | ||||||
11 | subsection (c) are not required as a prerequisite for the | ||||||
12 | Large Electing Provider to cease to offer or provide a | ||||||
13 | telecommunications service in a geographic area where | ||||||
14 | there are no residential customers taking service from the | ||||||
15 | Large Electing Provider on the date that the Large Electing | ||||||
16 | Provider files notice to the Federal Communications | ||||||
17 | Commission of its intent to discontinue the | ||||||
18 | interstate-access component of the requested service in | ||||||
19 | that geographic area. | ||||||
20 | (7) For a period of 45 days following the date of a | ||||||
21 | notice issued under paragraph (5) of this Section, an | ||||||
22 | existing customer (i) who is located in the affected | ||||||
23 | geographic area subject to that notice; (ii) who was | ||||||
24 | receiving the requested service as of the date of the | ||||||
25 | Federal Communications Commission's approval of the Large | ||||||
26 | Electing Provider's request to discontinue the |
| |||||||
| |||||||
1 | interstate-access component of the requested service; | ||||||
2 | (iii) who did not make a timely request for investigation | ||||||
3 | under paragraph (2) of this subsection (c); and (iv) whose | ||||||
4 | service will be or has been discontinued under paragraph | ||||||
5 | (5), may request assistance from the Large Electing | ||||||
6 | Provider in identifying providers of alternative voice | ||||||
7 | service including reliable access to 9-1-1. Within 15 days | ||||||
8 | of the request, the Large Electing Provider shall provide | ||||||
9 | the customer with a list of alternative voice service | ||||||
10 | providers. | ||||||
11 | (8) Notwithstanding any other provision of this Act, | ||||||
12 | except as expressly authorized by this subsection (c), the | ||||||
13 | Commission may not, upon its own motion or upon complaint, | ||||||
14 | investigate, suspend, disapprove, condition, or otherwise | ||||||
15 | regulate the cessation of a telecommunications service to | ||||||
16 | an identifiable class or group of customers once initiated | ||||||
17 | by a Large Electing Provider under subsection (b) or (b-5) | ||||||
18 | of this Section or this subsection (c).
| ||||||
19 | (220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)
| ||||||
20 | (Section scheduled to be repealed on July 1, 2017)
| ||||||
21 | Sec. 13-703.
(a) The Commission shall design and implement | ||||||
22 | a program
whereby each telecommunications carrier providing | ||||||
23 | local exchange service
shall provide a telecommunications | ||||||
24 | device capable of servicing the needs of
those persons with a | ||||||
25 | hearing or speech disability together with a
single party line, |
| |||||||
| |||||||
1 | at no charge additional to the basic exchange rate, to
any | ||||||
2 | subscriber who is certified as having a hearing or speech | ||||||
3 | disability by a hearing care professional, as defined in the | ||||||
4 | Hearing Instrument Consumer Protection Act, a speech-language | ||||||
5 | pathologist, or a qualified
State agency and to any subscriber | ||||||
6 | which is an organization serving the needs
of those persons | ||||||
7 | with a hearing or speech disability as determined and
specified | ||||||
8 | by the Commission pursuant to subsection (d).
| ||||||
9 | (b) The Commission shall design and implement a program, | ||||||
10 | whereby each
telecommunications carrier providing local | ||||||
11 | exchange service shall provide a
telecommunications relay | ||||||
12 | system, using third party intervention to connect
those persons | ||||||
13 | having a hearing or speech disability with persons of normal
| ||||||
14 | hearing by way of intercommunications devices and the telephone | ||||||
15 | system, making
available reasonable access to all phases of | ||||||
16 | public telephone service to
persons who have a hearing or | ||||||
17 | speech disability. In order to design a
telecommunications | ||||||
18 | relay system which will meet the requirements of those
persons | ||||||
19 | with a hearing or speech disability available at a reasonable | ||||||
20 | cost, the
Commission shall initiate an investigation and | ||||||
21 | conduct public hearings to
determine the most cost-effective | ||||||
22 | method of providing telecommunications relay
service to those | ||||||
23 | persons who have a hearing or speech disability when using
| ||||||
24 | telecommunications devices and therein solicit the advice, | ||||||
25 | counsel, and
physical assistance of Statewide nonprofit | ||||||
26 | consumer organizations that serve
persons with hearing or |
| |||||||
| |||||||
1 | speech disabilities in such hearings and during the
development | ||||||
2 | and implementation of the system. The Commission shall phase
in | ||||||
3 | this program, on a geographical basis, as soon as is | ||||||
4 | practicable, but
no later than June 30, 1990.
| ||||||
5 | (c) The Commission shall establish a competitively neutral | ||||||
6 | rate recovery mechanism that establishes charges in an amount | ||||||
7 | to be determined by the Commission
for each line of a | ||||||
8 | subscriber to allow telecommunications carriers
providing | ||||||
9 | local exchange service to recover costs as they are incurred
| ||||||
10 | under this Section. Beginning no later than April 1, 2016, and | ||||||
11 | on a yearly basis thereafter, the Commission shall initiate a | ||||||
12 | proceeding to establish the competitively neutral amount to be | ||||||
13 | charged or assessed to subscribers of telecommunications | ||||||
14 | carriers and wireless carriers, Interconnected VoIP service | ||||||
15 | providers, and consumers of prepaid wireless | ||||||
16 | telecommunications service in a manner consistent with this | ||||||
17 | subsection (c) and subsection (f) of this Section. The | ||||||
18 | Commission shall issue its order establishing the | ||||||
19 | competitively neutral amount to be charged or assessed to | ||||||
20 | subscribers of telecommunications carriers and wireless | ||||||
21 | carriers, Interconnected VoIP service providers, and | ||||||
22 | purchasers of prepaid wireless telecommunications service on | ||||||
23 | or prior to June 1 of each year, and such amount shall take | ||||||
24 | effect June 1 of each year.
| ||||||
25 | Telecommunications carriers, wireless carriers, | ||||||
26 | Interconnected VoIP service providers, and sellers of prepaid |
| |||||||
| |||||||
1 | wireless telecommunications service shall have 60 days from the | ||||||
2 | date the Commission files its order to implement the new rate | ||||||
3 | established by the order. | ||||||
4 | (d) The Commission shall determine and specify those | ||||||
5 | organizations serving
the needs of those persons having a | ||||||
6 | hearing or speech disability that shall
receive a | ||||||
7 | telecommunications device and in which offices the equipment | ||||||
8 | shall be
installed in the case of an organization having more | ||||||
9 | than one office. For the
purposes of this Section, | ||||||
10 | "organizations serving the needs of those persons
with hearing | ||||||
11 | or speech disabilities" means centers for independent living as
| ||||||
12 | described in Section 12a of the Rehabilitation of Persons with | ||||||
13 | Disabilities Act and
not-for-profit organizations whose | ||||||
14 | primary purpose is serving the needs of
those persons with | ||||||
15 | hearing or speech disabilities. The Commission shall direct
the | ||||||
16 | telecommunications carriers subject to its jurisdiction and | ||||||
17 | this
Section to comply with its determinations and | ||||||
18 | specifications in this regard.
| ||||||
19 | (e) As used in this Section: | ||||||
20 | "Prepaid wireless telecommunications service" has the | ||||||
21 | meaning given to that term under Section 10 of the Prepaid | ||||||
22 | Wireless 9-1-1 Surcharge Act. | ||||||
23 | "Retail transaction" has the meaning given to that term | ||||||
24 | under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act. | ||||||
25 | "Seller" has the meaning given to that term under Section | ||||||
26 | 10 of the Prepaid Wireless 9-1-1 Surcharge Act. |
| |||||||
| |||||||
1 | "Telecommunications carrier
providing local exchange | ||||||
2 | service" includes, without otherwise limiting the
meaning of | ||||||
3 | the term, telecommunications carriers which are purely mutual
| ||||||
4 | concerns, having no rates or charges for services, but paying | ||||||
5 | the operating
expenses by assessment upon the members of such a | ||||||
6 | company and no other
person.
| ||||||
7 | "Wireless carrier" has the meaning given to that term under | ||||||
8 | Section 2 10 of the Wireless Emergency Telephone System Safety | ||||||
9 | Act. | ||||||
10 | (f) Interconnected VoIP service providers, sellers of | ||||||
11 | prepaid wireless telecommunications service, and wireless | ||||||
12 | carriers in Illinois shall collect and remit assessments | ||||||
13 | determined in accordance with this Section in a competitively | ||||||
14 | neutral manner in the same manner as a telecommunications | ||||||
15 | carrier providing local exchange service. However, the | ||||||
16 | assessment imposed on consumers of prepaid wireless | ||||||
17 | telecommunications service shall be collected by the seller | ||||||
18 | from the consumer and imposed per retail transaction as a | ||||||
19 | percentage of that retail transaction on all retail | ||||||
20 | transactions occurring in this State. The assessment on | ||||||
21 | subscribers of wireless carriers and consumers of prepaid | ||||||
22 | wireless telecommunications service shall not be imposed or | ||||||
23 | collected prior to June 1, 2016. | ||||||
24 | Sellers of prepaid wireless telecommunications service | ||||||
25 | shall remit the assessments to the Department of Revenue on the | ||||||
26 | same form and in the same manner which they remit the fee |
| |||||||
| |||||||
1 | collected under the Prepaid Wireless 9-1-1 Surcharge Act. For | ||||||
2 | the purposes of display on the consumers' receipts, the rates | ||||||
3 | of the fee collected under the Prepaid Wireless 9-1-1 Surcharge | ||||||
4 | Act and the assessment under this Section may be combined. In | ||||||
5 | administration and enforcement of this Section, the provisions | ||||||
6 | of Sections 15 and 20 of the Prepaid Wireless 9-1-1 Surcharge | ||||||
7 | Act (except subsections (a), (a-5), (b-5), (e), and (e-5) of | ||||||
8 | Section 15 and subsections (c) and (e) of Section 20 of the | ||||||
9 | Prepaid Wireless 9-1-1 Surcharge Act and, from June 29, 2015 | ||||||
10 | (the effective date of Public Act 99-6), the seller shall be | ||||||
11 | permitted to deduct and retain 3% of the assessments that are | ||||||
12 | collected by the seller from consumers and that are remitted | ||||||
13 | and timely filed with the Department) that are not inconsistent | ||||||
14 | with this Section, shall apply, as far as practicable, to the | ||||||
15 | subject matter of this Section to the same extent as if those | ||||||
16 | provisions were included in this Section. The Department shall | ||||||
17 | deposit all assessments and penalties collected under this | ||||||
18 | Section into the Illinois Telecommunications Access | ||||||
19 | Corporation Fund, a special fund created in the State treasury. | ||||||
20 | On or before the 25th day of each calendar month, the | ||||||
21 | Department shall prepare and certify to the Comptroller the | ||||||
22 | amount available to the Commission for distribution out of the | ||||||
23 | Illinois Telecommunications Access Corporation Fund. The | ||||||
24 | amount certified shall be the amount (not including credit | ||||||
25 | memoranda) collected during the second preceding calendar | ||||||
26 | month by the Department, plus an amount the Department |
| |||||||
| |||||||
1 | determines is necessary to offset any amounts which were | ||||||
2 | erroneously paid to a different taxing body or fund. The amount | ||||||
3 | paid to the Illinois Telecommunications Access Corporation | ||||||
4 | Fund shall not include any amount equal to the amount of | ||||||
5 | refunds made during the second preceding calendar month by the | ||||||
6 | Department to retailers under this Section or any amount that | ||||||
7 | the Department determines is necessary to offset any amounts | ||||||
8 | which were payable to a different taxing body or fund but were | ||||||
9 | erroneously paid to the Illinois Telecommunications Access | ||||||
10 | Corporation Fund. The Commission shall distribute all the funds | ||||||
11 | to the Illinois Telecommunications Access Corporation and the | ||||||
12 | funds may only be used in accordance with the provisions of | ||||||
13 | this Section. The Department shall deduct 2% of all amounts | ||||||
14 | deposited in the Illinois Telecommunications Access | ||||||
15 | Corporation Fund during every year of remitted assessments. Of | ||||||
16 | the 2% deducted by the Department, one-half shall be | ||||||
17 | transferred into the Tax Compliance and Administration Fund to | ||||||
18 | reimburse the Department for its direct costs of administering | ||||||
19 | the collection and remittance of the assessment. The remaining | ||||||
20 | one-half shall be transferred into the Public Utility Fund to | ||||||
21 | reimburse the Commission for its costs of distributing to the | ||||||
22 | Illinois Telecommunications Access Corporation the amount | ||||||
23 | certified by the Department for distribution. The amount to be | ||||||
24 | charged or assessed under subsections (c) and (f) is not | ||||||
25 | imposed on a provider or the consumer for wireless Lifeline | ||||||
26 | service where the consumer does not pay the provider for the |
| |||||||
| |||||||
1 | service. Where the consumer purchases from the provider | ||||||
2 | optional minutes, texts, or other services in addition to the | ||||||
3 | federally funded Lifeline benefit, a consumer must pay the | ||||||
4 | charge or assessment, and it must be collected by the seller | ||||||
5 | according to this subsection (f). | ||||||
6 | Interconnected VoIP services shall not be considered an | ||||||
7 | intrastate telecommunications service for the purposes of this | ||||||
8 | Section in a manner inconsistent with federal law or Federal | ||||||
9 | Communications Commission regulation. | ||||||
10 | (g) The provisions of this Section are severable under | ||||||
11 | Section 1.31 of the Statute on Statutes. | ||||||
12 | (h) The Commission may adopt rules necessary to implement | ||||||
13 | this Section. | ||||||
14 | (Source: P.A. 99-6, eff. 6-29-15; 99-143, eff. 7-27-15; 99-642, | ||||||
15 | eff. 7-28-16; 99-847, eff. 8-19-16; 99-933, eff. 1-27-17; | ||||||
16 | revised 2-15-17.)
| ||||||
17 | (220 ILCS 5/13-1200) | ||||||
18 | (Section scheduled to be repealed on July 1, 2017) | ||||||
19 | Sec. 13-1200. Repealer. This Article is repealed December | ||||||
20 | 31, 2020 July 1, 2017 . | ||||||
21 | (Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.) | ||||||
22 | (220 ILCS 5/21-401) | ||||||
23 | (Section scheduled to be repealed on July 1, 2017) | ||||||
24 | Sec. 21-401. Applications. |
| |||||||
| |||||||
1 | (a)(1) A person or entity seeking to provide cable service | ||||||
2 | or video service pursuant to this Article shall not use the | ||||||
3 | public rights-of-way for the installation or construction of | ||||||
4 | facilities for the provision of cable service or video service | ||||||
5 | or offer cable service or video service until it has obtained a | ||||||
6 | State-issued authorization to offer or provide cable or video | ||||||
7 | service under this Section, except as provided for in item (2) | ||||||
8 | of this subsection (a). All cable or video providers offering | ||||||
9 | or providing service in this State shall have authorization | ||||||
10 | pursuant to either (i) the Cable and Video Competition Law of | ||||||
11 | 2007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the | ||||||
12 | Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section | ||||||
13 | 5-1095 of the Counties Code (55 ILCS 5/5-1095). | ||||||
14 | (2) Nothing in this Section shall prohibit a local unit of | ||||||
15 | government from granting a permit to a person or entity for the | ||||||
16 | use of the public rights-of-way to install or construct | ||||||
17 | facilities to provide cable service or video service, at its | ||||||
18 | sole discretion. No unit of local government shall be liable | ||||||
19 | for denial or delay of a permit prior to the issuance of a | ||||||
20 | State-issued authorization. | ||||||
21 | (b) The application to the Commission for State-issued | ||||||
22 | authorization shall contain a completed affidavit submitted by | ||||||
23 | the applicant and signed by an officer or general partner of | ||||||
24 | the applicant affirming all of the following: | ||||||
25 | (1) That the applicant has filed or will timely file | ||||||
26 | with the Federal Communications Commission all forms |
| |||||||
| |||||||
1 | required by that agency in advance of offering cable | ||||||
2 | service or video service in this State. | ||||||
3 | (2) That the applicant agrees to comply with all | ||||||
4 | applicable federal and State statutes and regulations. | ||||||
5 | (3) That the applicant agrees to comply with all | ||||||
6 | applicable local unit of government regulations. | ||||||
7 | (4) An exact description of the cable service or video | ||||||
8 | service area where the cable service or video service will | ||||||
9 | be offered during the term of the State-issued | ||||||
10 | authorization. The service area shall be identified in | ||||||
11 | terms of either (i) exchanges, as that term is defined in | ||||||
12 | Section 13-206 of this Act; (ii) a collection of United | ||||||
13 | States Census Bureau Block numbers (13 digit); (iii) if the | ||||||
14 | area is smaller than the areas identified in either (i) or | ||||||
15 | (ii), by geographic information system digital boundaries | ||||||
16 | meeting or exceeding national map accuracy standards; or | ||||||
17 | (iv) local unit of government. The description shall | ||||||
18 | include the number of low-income households within the | ||||||
19 | service area or footprint. If an applicant is an incumbent | ||||||
20 | cable operator, the incumbent cable operator and any | ||||||
21 | successor-in-interest shall be obligated to provide access | ||||||
22 | to cable services or video services within any local units | ||||||
23 | of government at the same levels required by the local | ||||||
24 | franchising authorities for the local unit of government on | ||||||
25 | June 30, 2007
(the effective date of Public Act 95-9),
and | ||||||
26 | its application shall provide a description of an area no |
| |||||||
| |||||||
1 | smaller than the service areas contained in its franchise | ||||||
2 | or franchises
within the jurisdiction of the local unit of | ||||||
3 | government in which it seeks to offer cable or video | ||||||
4 | service. | ||||||
5 | (5) The location and telephone number of the | ||||||
6 | applicant's principal place of business within this State | ||||||
7 | and the names of the applicant's principal executive | ||||||
8 | officers who are responsible for communications concerning | ||||||
9 | the application and the services to be offered pursuant to | ||||||
10 | the application, the applicant's legal name, and any name | ||||||
11 | or names under which the applicant does or will provide | ||||||
12 | cable services or video services in this State. | ||||||
13 | (6) A certification that the applicant has | ||||||
14 | concurrently delivered a copy of the application to all | ||||||
15 | local units of government that include all or any part of | ||||||
16 | the service area identified in item (4) of this subsection | ||||||
17 | (b)
within such local unit of government's jurisdictional | ||||||
18 | boundaries. | ||||||
19 | (7) The expected date that cable service or video | ||||||
20 | service will be initially offered in the area identified in | ||||||
21 | item (4) of this subsection (b). In the event that a holder | ||||||
22 | does not offer cable services or video services within 3
| ||||||
23 | months after the expected date, it shall amend its | ||||||
24 | application and update the expected date service will be | ||||||
25 | offered and explain the delay in offering cable services or | ||||||
26 | video services. |
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| |||||||
1 | (8) For any entity that received State-issued | ||||||
2 | authorization prior to this amendatory Act of the 98th | ||||||
3 | General Assembly as a cable operator and that intends to | ||||||
4 | proceed as a cable operator under this Article, the entity | ||||||
5 | shall file a written affidavit with the Commission and | ||||||
6 | shall serve a copy of the affidavit with any local units of | ||||||
7 | government affected by the authorization within 30 days | ||||||
8 | after the effective date of this amendatory Act of the 98th | ||||||
9 | General Assembly stating that the holder will be providing | ||||||
10 | cable service under the State-issued authorization. | ||||||
11 | The application shall include adequate assurance that the | ||||||
12 | applicant possesses the financial, managerial, legal, and | ||||||
13 | technical qualifications necessary to construct and operate | ||||||
14 | the proposed system, to promptly repair any damage to the | ||||||
15 | public right-of-way caused by the applicant, and to pay the | ||||||
16 | cost of removal of its facilities. To accomplish these | ||||||
17 | requirements, the applicant may, at the time the applicant | ||||||
18 | seeks to use the public rights-of-way in that jurisdiction, be | ||||||
19 | required by the State of Illinois or
later be required by the | ||||||
20 | local unit of government, or both, to post a bond, produce a | ||||||
21 | certificate of insurance, or otherwise demonstrate its | ||||||
22 | financial responsibility. | ||||||
23 | The application shall include the applicant's general | ||||||
24 | standards related to customer service required by Section | ||||||
25 | 22-501 of this Act, which shall include, but not be limited to, | ||||||
26 | installation, disconnection, service and repair obligations; |
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| |||||||
1 | appointment hours; employee ID requirements; customer service | ||||||
2 | telephone numbers and hours; procedures for billing, charges, | ||||||
3 | deposits, refunds, and credits; procedures for termination of | ||||||
4 | service; notice of deletion of programming service and changes | ||||||
5 | related to transmission of programming or changes or increases | ||||||
6 | in rates; use and availability of parental control or lock-out | ||||||
7 | devices; complaint procedures and procedures for bill dispute | ||||||
8 | resolution and a description of the rights and remedies | ||||||
9 | available to consumers if the holder does not materially meet | ||||||
10 | their customer service standards; and special services for | ||||||
11 | customers with visual, hearing, or mobility disabilities. | ||||||
12 | (c)(1) The applicant may designate information that it | ||||||
13 | submits in its application or subsequent reports as | ||||||
14 | confidential or proprietary, provided that the applicant | ||||||
15 | states the reasons the confidential designation is necessary. | ||||||
16 | The Commission shall provide adequate protection for such | ||||||
17 | information pursuant to Section 4-404 of this Act. If the | ||||||
18 | Commission, a local unit of government, or any other party | ||||||
19 | seeks public disclosure of information designated as | ||||||
20 | confidential, the Commission shall consider the confidential | ||||||
21 | designation in a proceeding under the Illinois Administrative | ||||||
22 | Procedure
Act, and the burden of proof to demonstrate that the | ||||||
23 | designated information is confidential shall be upon the | ||||||
24 | applicant. Designated information shall remain confidential | ||||||
25 | pending the Commission's determination of whether the | ||||||
26 | information is entitled to confidential treatment. Information |
| |||||||
| |||||||
1 | designated as confidential shall be provided to local units of | ||||||
2 | government for purposes of assessing compliance with this | ||||||
3 | Article as permitted under a Protective Order issued by the | ||||||
4 | Commission pursuant to the Commission's rules and to the | ||||||
5 | Attorney General pursuant to Section 6.5 of the Attorney | ||||||
6 | General Act
(15 ILCS 205/6.5). Information designated as | ||||||
7 | confidential under this Section or determined to be | ||||||
8 | confidential upon Commission review shall only be disclosed | ||||||
9 | pursuant to a valid and enforceable subpoena or court order or | ||||||
10 | as required by the Freedom of Information Act. Nothing herein | ||||||
11 | shall delay the application approval timeframes set forth in | ||||||
12 | this Article. | ||||||
13 | (2) Information regarding the location of video services | ||||||
14 | that have been or are being offered to the public and aggregate | ||||||
15 | information included in the reports required by this Article | ||||||
16 | shall not be designated or treated as confidential. | ||||||
17 | (d)(1) The Commission shall post all applications it | ||||||
18 | receives under this Article on its web site within 5
business | ||||||
19 | days. | ||||||
20 | (2) The Commission shall notify an applicant for a cable | ||||||
21 | service or video service authorization whether the applicant's | ||||||
22 | application and affidavit are complete on or before the 15th | ||||||
23 | business day after the applicant submits the application. If | ||||||
24 | the application and affidavit are not complete, the Commission | ||||||
25 | shall state in its notice all of the reasons the application or | ||||||
26 | affidavit are incomplete, and the applicant shall resubmit a |
| |||||||
| |||||||
1 | complete application. The Commission shall have 30 days after | ||||||
2 | submission by the applicant of a complete application and | ||||||
3 | affidavit to issue the service authorization. If the Commission | ||||||
4 | does not notify the applicant regarding the completeness of the | ||||||
5 | application and affidavit or issue the service authorization | ||||||
6 | within the time periods required under this subsection, the | ||||||
7 | application and affidavit shall be considered complete and the | ||||||
8 | service authorization issued upon the expiration of the 30th | ||||||
9 | day. | ||||||
10 | (e) Any authorization issued by the Commission will expire | ||||||
11 | on December 31, 2023 2020 and shall contain or include all of | ||||||
12 | the following: | ||||||
13 | (1) A grant of authority, including an authorization | ||||||
14 | issued prior to this amendatory Act of the 98th General | ||||||
15 | Assembly, to provide cable service or video service in the | ||||||
16 | service area footprint as requested in the application, | ||||||
17 | subject to the provisions of this Article in existence on | ||||||
18 | the date the grant of authority was issued, and any | ||||||
19 | modifications to this Article enacted at any time prior to | ||||||
20 | the date in Section 21-1601 of this Act, and to the laws of | ||||||
21 | the State and the ordinances, rules, and regulations of the | ||||||
22 | local units of government. | ||||||
23 | (2) A grant of authority to use, occupy, and construct | ||||||
24 | facilities in the public rights-of-way for the delivery of | ||||||
25 | cable service or video service in the service area | ||||||
26 | footprint, subject to the laws, ordinances, rules, or |
| |||||||
| |||||||
1 | regulations of this State and local units of governments. | ||||||
2 | (3) A statement that the grant of authority is subject | ||||||
3 | to lawful operation of the cable service or video service | ||||||
4 | by the applicant, its affiliated entities, or its | ||||||
5 | successors-in-interest. | ||||||
6 | (e-5) The Commission shall notify a local unit of | ||||||
7 | government within 3
business days of the grant of any | ||||||
8 | authorization within a service area footprint if that | ||||||
9 | authorization includes any part of the local unit of | ||||||
10 | government's jurisdictional boundaries and state whether the | ||||||
11 | holder will be providing video service or cable service under | ||||||
12 | the authorization. | ||||||
13 | (f) The authorization issued pursuant to this Section
by | ||||||
14 | the Commission may be transferred to any successor-in-interest | ||||||
15 | to the applicant to which it is initially granted without | ||||||
16 | further Commission action if the successor-in-interest (i) | ||||||
17 | submits an application and the information required by | ||||||
18 | subsection (b) of this Section
for the successor-in-interest | ||||||
19 | and (ii) is not in violation of this Article or of any federal, | ||||||
20 | State, or local law, ordinance, rule, or regulation. A | ||||||
21 | successor-in-interest shall file its application and notice of | ||||||
22 | transfer with the Commission and the relevant local units of | ||||||
23 | government no less than 15
business days prior to the | ||||||
24 | completion of the transfer. The Commission is not required or | ||||||
25 | authorized to act upon the notice of transfer; however, the | ||||||
26 | transfer is not effective until the Commission approves the |
| |||||||
| |||||||
1 | successor-in-interest's application. A local unit of | ||||||
2 | government or the Attorney General may seek to bar a transfer | ||||||
3 | of ownership by filing suit in a court of competent | ||||||
4 | jurisdiction predicated on the existence of a material and | ||||||
5 | continuing breach of this Article by the holder, a pattern of | ||||||
6 | noncompliance with customer service standards by the potential | ||||||
7 | successor-in-interest, or the insolvency of the potential | ||||||
8 | successor-in-interest. If a transfer is made when there are | ||||||
9 | violations of this Article or of any federal, State, or local | ||||||
10 | law, ordinance, rule, or regulation, the successor-in-interest | ||||||
11 | shall be subject to 3
times the penalties provided for in this | ||||||
12 | Article. | ||||||
13 | (g) The authorization issued pursuant to this Section by | ||||||
14 | the Commission may be terminated, or its cable service or video | ||||||
15 | service area footprint may be modified, by the cable service | ||||||
16 | provider or video service provider by submitting notice to the | ||||||
17 | Commission and to the relevant local unit of government | ||||||
18 | containing a description of the change on the same terms as the | ||||||
19 | initial description pursuant to item (4) of subsection (b) of | ||||||
20 | this Section. The Commission is not required or authorized to | ||||||
21 | act upon that notice. It shall be a violation of this Article | ||||||
22 | for a holder to discriminate against potential residential | ||||||
23 | subscribers because of the race or income of the residents in | ||||||
24 | the local area in which the group resides by terminating or | ||||||
25 | modifying its cable service or video service area footprint. It | ||||||
26 | shall be a violation of this Article for a holder to terminate |
| |||||||
| |||||||
1 | or modify its cable service or video service area footprint if | ||||||
2 | it leaves an area with no cable service or video service from | ||||||
3 | any provider. | ||||||
4 | (h) The Commission's authority to administer this Article | ||||||
5 | is limited to the powers and duties explicitly provided under | ||||||
6 | this Article. Its authority under this Article does not include | ||||||
7 | or limit the powers and duties that the Commission has under | ||||||
8 | the other Articles of this Act, the Illinois Administrative | ||||||
9 | Procedure Act,
or any other law or regulation to conduct | ||||||
10 | proceedings, other than as provided in subsection (c), or has | ||||||
11 | to promulgate rules or regulations. The Commission shall not | ||||||
12 | have the authority to limit or expand the obligations and | ||||||
13 | requirements provided in this Section or to regulate or control | ||||||
14 | a person or entity to the extent that person or entity is | ||||||
15 | providing cable service or video service, except as provided in | ||||||
16 | this Article.
| ||||||
17 | (Source: P.A. 98-45, eff. 6-28-13; 98-756, eff. 7-16-14; 99-6, | ||||||
18 | eff. 6-29-15.) | ||||||
19 | (220 ILCS 5/21-1601)
| ||||||
20 | Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of | ||||||
21 | this Article are repealed December 31, 2020 July 1, 2017 .
| ||||||
22 | (Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)
| ||||||
23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
|