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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Emergency Telephone System Act is amended by | ||||||
5 | changing Sections 15.3 and 15.4 as follows:
| ||||||
6 | (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
| ||||||
7 | Sec. 15.3. Surcharge.
| ||||||
8 | (a) The corporate authorities of any municipality or any
| ||||||
9 | county may, subject to the limitations of subsections (c), (d), | ||||||
10 | and (h),
and in addition to any tax levied pursuant to the | ||||||
11 | Simplified Municipal
Telecommunications Tax Act, impose a | ||||||
12 | monthly surcharge on billed subscribers
of network connection | ||||||
13 | provided by telecommunication carriers engaged in the
business | ||||||
14 | of transmitting messages by means of electricity originating | ||||||
15 | within
the corporate limits of the municipality or county | ||||||
16 | imposing the surcharge at
a rate per network connection | ||||||
17 | determined in accordance with subsection (c).
Provided, | ||||||
18 | however, that where multiple voice grade communications | ||||||
19 | channels
are connected between the subscriber's premises and a | ||||||
20 | public switched network
through private branch exchange (PBX) | ||||||
21 | or centrex type service, a municipality
imposing a surcharge at | ||||||
22 | a rate per network connection, as determined in
accordance with | ||||||
23 | this Act, shall impose 5 such surcharges per network
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1 | connection, as determined in accordance with subsections (a) | ||||||
2 | and (d) of
Section 2.12 of this Act.
For mobile | ||||||
3 | telecommunications services, if a surcharge is imposed it shall | ||||||
4 | be
imposed based upon the municipality or county that | ||||||
5 | encompasses the customer's
place of primary use as defined in | ||||||
6 | the Mobile Telecommunications Sourcing
Conformity Act. A | ||||||
7 | municipality may enter into an intergovernmental
agreement | ||||||
8 | with any county in which it is partially located, when the | ||||||
9 | county
has adopted an ordinance to impose a surcharge as | ||||||
10 | provided in subsection
(c), to include that portion of the | ||||||
11 | municipality lying outside the county
in that county's | ||||||
12 | surcharge referendum. If the county's surcharge
referendum is | ||||||
13 | approved, the portion of the municipality identified in the
| ||||||
14 | intergovernmental agreement shall automatically be | ||||||
15 | disconnected from the
county in which it lies and connected to | ||||||
16 | the county which approved the
referendum for purposes of a | ||||||
17 | surcharge on telecommunications carriers.
| ||||||
18 | (b) For purposes of computing the surcharge imposed by | ||||||
19 | subsection (a),
the network connections to which the surcharge | ||||||
20 | shall apply shall be those
in-service network connections, | ||||||
21 | other than those network connections
assigned to the | ||||||
22 | municipality or county, where the service address for each
such | ||||||
23 | network connection or connections is located within the | ||||||
24 | corporate
limits of the municipality or county levying the | ||||||
25 | surcharge. Except for mobile
telecommunication services, the | ||||||
26 | "service address" shall mean the location of
the primary use of |
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| |||||||
1 | the network connection or connections. For mobile
| ||||||
2 | telecommunication services, "service address" means the | ||||||
3 | customer's place of
primary use as defined in the Mobile | ||||||
4 | Telecommunications Sourcing Conformity
Act. With respect to | ||||||
5 | network connections provided for
use with pay telephone | ||||||
6 | services for which there is no billed subscriber,
the | ||||||
7 | telecommunications carrier providing the network connection | ||||||
8 | shall be
deemed to be its own billed subscriber for purposes of | ||||||
9 | applying the surcharge.
| ||||||
10 | (c) Upon the passage of an ordinance to impose a surcharge | ||||||
11 | under this
Section the clerk of the municipality or county | ||||||
12 | shall certify the question
of whether the surcharge may be | ||||||
13 | imposed to the proper election authority
who shall submit the | ||||||
14 | public question to the electors of the municipality or
county | ||||||
15 | in accordance with the general election law; provided that such
| ||||||
16 | question shall not be submitted at a consolidated primary | ||||||
17 | election. The
public question shall be in substantially the | ||||||
18 | following form:
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19 | -------------------------------------------------------------
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20 | Shall the county (or city, village
| ||||||
21 | or incorporated town) of ..... impose YES
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22 | a surcharge of up to ...ยข per month per
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23 | network connection, which surcharge will
| ||||||
24 | be added to the monthly bill you receive ------------------
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25 | for telephone or telecommunications
| ||||||
26 | charges, for the purpose of installing
|
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| |||||||
1 | (or improving) a 9-1-1 Emergency NO
| ||||||
2 | Telephone System?
| ||||||
3 | -------------------------------------------------------------
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4 | If a majority of the votes cast upon the public question | ||||||
5 | are in favor
thereof, the surcharge shall be imposed.
| ||||||
6 | However, if a Joint Emergency Telephone System Board is to | ||||||
7 | be created
pursuant to an intergovernmental agreement under | ||||||
8 | Section 15.4, the
ordinance to impose the surcharge shall be | ||||||
9 | subject to the approval of a
majority of the total number of | ||||||
10 | votes cast upon the public question by the
electors of all of | ||||||
11 | the municipalities or counties, or combination thereof,
that | ||||||
12 | are parties to the intergovernmental agreement.
| ||||||
13 | The referendum requirement of this subsection (c) shall not | ||||||
14 | apply
to any municipality with a population over 500,000 or to | ||||||
15 | any
county in which a proposition as to whether a sophisticated | ||||||
16 | 9-1-1 Emergency
Telephone System should be installed in the | ||||||
17 | county, at a cost not to
exceed a specified monthly amount per | ||||||
18 | network connection, has previously
been approved by a majority | ||||||
19 | of the electors of the county voting on the
proposition at an | ||||||
20 | election conducted before the effective date of this
amendatory | ||||||
21 | Act of 1987.
| ||||||
22 | (d) A county may not impose a surcharge, unless requested | ||||||
23 | by a
municipality, in any incorporated area which has | ||||||
24 | previously approved a
surcharge as provided in subsection (c) | ||||||
25 | or in any incorporated area where
the corporate authorities of | ||||||
26 | the municipality have previously entered into
a binding |
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| |||||||
1 | contract or letter of intent with a telecommunications carrier | ||||||
2 | to
provide sophisticated 9-1-1 service through municipal | ||||||
3 | funds.
| ||||||
4 | (e) A municipality or county may at any time by ordinance | ||||||
5 | change the
rate of the surcharge imposed under this Section if | ||||||
6 | the new rate does not
exceed the rate specified in the | ||||||
7 | referendum held pursuant to subsection (c).
| ||||||
8 | (f) The surcharge authorized by this Section shall be | ||||||
9 | collected from
the subscriber by the telecommunications | ||||||
10 | carrier providing the subscriber
the network connection as a | ||||||
11 | separately stated item on the subscriber's bill.
| ||||||
12 | (g) The amount of surcharge collected by the | ||||||
13 | telecommunications carrier
shall be paid to the particular | ||||||
14 | municipality or county or Joint Emergency
Telephone System | ||||||
15 | Board not later than 30 days after the surcharge is
collected, | ||||||
16 | net of any network or other 9-1-1 or sophisticated 9-1-1 system
| ||||||
17 | charges then due the particular telecommunications carrier, as | ||||||
18 | shown on an
itemized bill. The telecommunications carrier | ||||||
19 | collecting the surcharge
shall also be entitled to deduct 3% of | ||||||
20 | the gross amount of surcharge
collected to reimburse the | ||||||
21 | telecommunications carrier for the expense of
accounting and | ||||||
22 | collecting the surcharge.
| ||||||
23 | (h) Except as expressly provided in subsection (a) of this | ||||||
24 | Section, a
municipality with a population over 500,000 may not | ||||||
25 | impose a
monthly surcharge in excess of $2.50
$1.25 per network | ||||||
26 | connection.
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| |||||||
1 | (i) Any municipality or county or joint emergency telephone | ||||||
2 | system
board that has imposed a surcharge pursuant to this | ||||||
3 | Section prior to the
effective date of this amendatory Act of | ||||||
4 | 1990 shall hereafter impose the
surcharge in accordance with | ||||||
5 | subsection (b) of this Section.
| ||||||
6 | (j) The corporate authorities of any municipality or county | ||||||
7 | may issue,
in accordance with Illinois law, bonds, notes or | ||||||
8 | other obligations secured
in whole or in part by the proceeds | ||||||
9 | of the surcharge described in this
Section. Notwithstanding any | ||||||
10 | change in law subsequent to the issuance of
any bonds, notes or | ||||||
11 | other obligations secured by the surcharge, every
municipality | ||||||
12 | or county issuing such bonds, notes or other obligations shall
| ||||||
13 | be authorized to impose the surcharge as though the laws | ||||||
14 | relating to the
imposition of the surcharge in effect at the | ||||||
15 | time of issuance of the
bonds, notes or other obligations were | ||||||
16 | in full force and effect until the
bonds, notes or other | ||||||
17 | obligations are paid in full.
The State of Illinois pledges and | ||||||
18 | agrees that it will not limit or alter
the rights and powers | ||||||
19 | vested in municipalities and counties by this Section
to impose | ||||||
20 | the surcharge so as to impair the terms of or affect the
| ||||||
21 | security for bonds, notes or other obligations secured in whole | ||||||
22 | or in part
with the proceeds of the surcharge described in this | ||||||
23 | Section.
| ||||||
24 | (k) Any surcharge collected by or imposed on a | ||||||
25 | telecommunications
carrier pursuant to this Section shall be | ||||||
26 | held to be a special fund in
trust for the municipality, county |
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| |||||||
1 | or Joint Emergency Telephone Board
imposing the surcharge. | ||||||
2 | Except for the 3% deduction provided in subsection
(g) above, | ||||||
3 | the special fund shall not be subject to the claims of
| ||||||
4 | creditors of the telecommunication carrier.
| ||||||
5 | (Source: P.A. 92-474, eff. 8-1-02; 92-526, eff. 1-1-03; 92-557, | ||||||
6 | eff. 1-1-03;
revised 10-2-02.)
| ||||||
7 | (50 ILCS 750/15.4) (from Ch. 134, par. 45.4)
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8 | Sec. 15.4. Emergency Telephone System Board; powers.
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9 | (a) The corporate authorities of any county or municipality
| ||||||
10 | that imposes a surcharge under Section 15.3 shall establish an | ||||||
11 | Emergency
Telephone System Board. The corporate authorities | ||||||
12 | shall provide for the
manner of appointment and the number of | ||||||
13 | members of the Board, provided that
the board shall consist of | ||||||
14 | not fewer than 5 members, one of whom
must be a
public member | ||||||
15 | who is a resident of the local exchange service territory
| ||||||
16 | included in the 9-1-1 coverage area, one of whom (in counties | ||||||
17 | with a
population less than 100,000) must be a member of the | ||||||
18 | county
board, and
at least 3 of whom shall be representative of | ||||||
19 | the 9-1-1 public safety agencies,
including but not limited to | ||||||
20 | police departments, fire departments, emergency
medical | ||||||
21 | services providers, and emergency services and disaster | ||||||
22 | agencies, and
appointed on the basis of their ability or | ||||||
23 | experience. Elected officials are
also eligible to serve on the | ||||||
24 | board. Members of the board shall serve without
compensation | ||||||
25 | but shall be reimbursed for their actual and necessary
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1 | expenses. Any 2 or more municipalities, counties, or | ||||||
2 | combination thereof,
that impose a surcharge under Section 15.3 | ||||||
3 | may, instead of establishing
individual boards, establish by | ||||||
4 | intergovernmental agreement a Joint
Emergency Telephone System | ||||||
5 | Board pursuant to this Section. The manner of
appointment of | ||||||
6 | such a joint board shall be prescribed in the agreement.
| ||||||
7 | (b) The powers and duties of the board shall be defined by | ||||||
8 | ordinance
of the municipality or county, or by | ||||||
9 | intergovernmental agreement in the
case of a joint board. The | ||||||
10 | powers and duties shall include, but need not
be limited to the | ||||||
11 | following:
| ||||||
12 | (1) Planning a 9-1-1 system.
| ||||||
13 | (2) Coordinating and supervising the implementation, | ||||||
14 | upgrading, or
maintenance of the system, including the | ||||||
15 | establishment of equipment
specifications and coding | ||||||
16 | systems.
| ||||||
17 | (3) Receiving moneys
monies from the surcharge imposed | ||||||
18 | under Section 15.3, and
from any other source, for deposit | ||||||
19 | into the Emergency Telephone System Fund.
| ||||||
20 | (4) Authorizing all disbursements from the fund.
| ||||||
21 | (5) Hiring any staff necessary for the implementation | ||||||
22 | or upgrade of the
system.
| ||||||
23 | (c) All moneys
monies received by a board pursuant to a | ||||||
24 | surcharge imposed under
Section 15.3 shall be deposited into a | ||||||
25 | separate interest-bearing
Emergency Telephone System Fund | ||||||
26 | account. The treasurer of the municipality or
county that has |
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| |||||||
1 | established the board or, in the case of a joint board, any
| ||||||
2 | municipal or county treasurer designated in the | ||||||
3 | intergovernmental agreement,
shall be custodian of the fund. | ||||||
4 | All interest accruing on the fund shall remain
in the fund. No | ||||||
5 | expenditures may be made from such fund except upon the
| ||||||
6 | direction of the board by resolution passed by a majority of | ||||||
7 | all members of the
board. Expenditures may be made only to pay | ||||||
8 | for the costs associated with the
following:
| ||||||
9 | (1) The design of the Emergency Telephone System.
| ||||||
10 | (2) The coding of an initial Master Street Address | ||||||
11 | Guide data base, and
update and maintenance thereof.
| ||||||
12 | (3) The repayment of any moneys
monies advanced for the | ||||||
13 | implementation of
the system.
| ||||||
14 | (4) The charges for Automatic Number Identification | ||||||
15 | and Automatic
Location Identification equipment,
a | ||||||
16 | computer aided dispatch system that records, maintains, | ||||||
17 | and integrates
information,
mobile data transmitters | ||||||
18 | equipped with
automatic vehicle locators, and maintenance, | ||||||
19 | replacement and
update thereof
to increase operational | ||||||
20 | efficiency and improve the provision of emergency
| ||||||
21 | services.
| ||||||
22 | (5) The non-recurring charges related to installation | ||||||
23 | of the Emergency
Telephone System and the ongoing network | ||||||
24 | charges.
| ||||||
25 | (6) The acquisition and installation, or the | ||||||
26 | reimbursement of costs
therefor to other governmental |
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| |||||||
1 | bodies that have incurred those costs, of road
or street | ||||||
2 | signs that are essential to the implementation of the | ||||||
3 | emergency
telephone system and that are not duplicative of | ||||||
4 | signs that are the
responsibility of the jurisdiction | ||||||
5 | charged with maintaining road and street
signs.
| ||||||
6 | (7) Other products and services necessary for the | ||||||
7 | implementation,
upgrade, and maintenance of the system and | ||||||
8 | any other purpose related to the
operation of
the system, | ||||||
9 | including costs attributable directly to the construction, | ||||||
10 | leasing,
or maintenance of any buildings or facilities or | ||||||
11 | costs of personnel
attributable directly to the operation | ||||||
12 | of the system. Costs attributable
directly to the operation | ||||||
13 | of an emergency telephone system do not include the
costs | ||||||
14 | of public safety agency personnel who are and equipment | ||||||
15 | that is
dispatched in response to an emergency call. | ||||||
16 | (8) In the case of a municipality that imposes a | ||||||
17 | surcharge under subsection (h) of Section 15.3, moneys may | ||||||
18 | also be used for any anti-terrorism or emergency | ||||||
19 | preparedness measures, including, but not limited to, | ||||||
20 | preparedness planning, providing local matching funds for | ||||||
21 | federal or State grants, personnel training, and | ||||||
22 | specialized equipment, including surveillance cameras as | ||||||
23 | needed to deal with natural and terrorist-inspired | ||||||
24 | emergency situations or events.
| ||||||
25 | Moneys in the fund may also be transferred to a | ||||||
26 | participating fire protection district to reimburse volunteer |
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| |||||||
1 | firefighters who man remote telephone switching facilities | ||||||
2 | when dedicated 9-1-1 lines are down.
| ||||||
3 | (d) The board shall complete the data base before | ||||||
4 | implementation of the
9-1-1 system. The error ratio of the data | ||||||
5 | base shall not at any time
exceed 1% of the total data base.
| ||||||
6 | (Source: P.A. 92-202, eff. 1-1-02.)
| ||||||
7 | Section 10. The Wireless Emergency Telephone Safety Act is | ||||||
8 | amended by changing Sections 15, 17, 25, 35, 45, and 70 as | ||||||
9 | follows:
| ||||||
10 | (50 ILCS 751/15)
| ||||||
11 | (Section scheduled to be repealed on April 1, 2008)
| ||||||
12 | Sec. 15. Wireless emergency 9-1-1 service. The digits | ||||||
13 | "9-1-1" shall be
the designated emergency telephone number | ||||||
14 | within the wireless system.
| ||||||
15 | (a) Standards.
The Illinois Commerce Commission may set | ||||||
16 | non-discriminatory, uniform
technical and operational | ||||||
17 | standards consistent with the rules of the Federal
| ||||||
18 | Communications Commission for directing calls to authorized | ||||||
19 | public safety
answering points. These standards shall not in | ||||||
20 | any way prescribe the
technology or manner a wireless carrier | ||||||
21 | shall use to deliver wireless 9-1-1 or
wireless E9-1-1 calls | ||||||
22 | and these standards shall not exceed the requirements set
by | ||||||
23 | the Federal Communications Commission. However, standards for | ||||||
24 | directing
calls to the authorized public safety answering point |
| |||||||
| |||||||
1 | shall be included. The
authority given to the Illinois Commerce | ||||||
2 | Commission in this Section is limited
to setting standards as | ||||||
3 | set forth herein and does not constitute authority to
regulate | ||||||
4 | wireless carriers.
| ||||||
5 | (b) Wireless public safety answering points.
For the | ||||||
6 | purpose of providing wireless 9-1-1 emergency services, an | ||||||
7 | emergency
telephone system board or, in the absence of an | ||||||
8 | emergency telephone system
board, a qualified governmental | ||||||
9 | entity may declare its intention for one or
more of its public | ||||||
10 | safety answering points to serve as a primary wireless 9-1-1
| ||||||
11 | public safety answering point for its jurisdiction by notifying | ||||||
12 | the Chief Clerk
of the Illinois Commerce Commission and the | ||||||
13 | Director of State Police in writing
within 6 months after the | ||||||
14 | effective date of this Act or within 6 months after
receiving | ||||||
15 | its authority to operate a 9-1-1 system under the Emergency | ||||||
16 | Telephone
System Act, whichever is later. In addition, 2 or | ||||||
17 | more emergency telephone
system boards or
qualified units of | ||||||
18 | local government may, by virtue of an intergovernmental
| ||||||
19 | agreement, provide wireless 9-1-1 service. The Department of | ||||||
20 | State Police
shall be the primary wireless 9-1-1 public safety | ||||||
21 | answering point for any
jurisdiction not providing notice to | ||||||
22 | the Commission and the Department of State
Police. Nothing in | ||||||
23 | this Act shall require the provision of wireless enhanced
9-1-1 | ||||||
24 | services.
| ||||||
25 | The Illinois Commerce Commission, upon a joint request from | ||||||
26 | the Department of
State Police and a qualified
governmental |
| |||||||
| |||||||
1 | entity or an emergency telephone system board, may grant
| ||||||
2 | authority to the
emergency telephone system board or a | ||||||
3 | qualified governmental entity to provide
wireless
9-1-1 | ||||||
4 | service in areas for which the Department of State Police has | ||||||
5 | accepted
wireless 9-1-1
responsibility. The Illinois Commerce | ||||||
6 | Commission shall maintain a current list
of all 9-1-1
systems | ||||||
7 | and qualified governmental entities providing wireless 9-1-1 | ||||||
8 | service
under this Act.
| ||||||
9 | Any emergency telephone system board or qualified | ||||||
10 | governmental entity
providing
wireless 9-1-1 service prior to | ||||||
11 | the effective date of this Act
may continue to
operate upon | ||||||
12 | notification as previously described in this Section. An
| ||||||
13 | emergency
telephone system
board or a qualified governmental | ||||||
14 | entity shall submit, with its notification,
the date
upon which | ||||||
15 | it commenced operating.
| ||||||
16 | (c) Wireless Enhanced 9-1-1 Board. The Wireless Enhanced | ||||||
17 | 9-1-1 Board is
created. The Board consists of 7
members
| ||||||
18 | appointed by the Governor with the advice and consent of the | ||||||
19 | Senate.
It is recommended that the Governor appoint members | ||||||
20 | from the following: the
Illinois Chapter of the National | ||||||
21 | Emergency Numbers Association, the Illinois
State Police, law | ||||||
22 | enforcement
agencies, the wireless telecommunications | ||||||
23 | industry, an emergency
telephone system board in Cook County | ||||||
24 | (outside the City of
Chicago), an emergency telephone system | ||||||
25 | board in
the Metro-east area,
and an emergency telephone system | ||||||
26 | board in the
collar counties (Lake, McHenry, DuPage, Kane, and |
| |||||||
| |||||||
1 | Will
counties). Members of the Board
may not receive any | ||||||
2 | compensation but may, however, be reimbursed for any
necessary | ||||||
3 | expenditure in connection with their duties.
| ||||||
4 | Except as provided in Section 45, the Wireless Enhanced | ||||||
5 | 9-1-1 Board shall
set the amount of the monthly wireless | ||||||
6 | surcharge required to be imposed under
Section 17 on all | ||||||
7 | wireless subscribers in this State.
Prior to the Wireless | ||||||
8 | Enhanced 9-1-1 Board setting any surcharge, the Board
shall
| ||||||
9 | publish the proposed surcharge in the Illinois Register, hold | ||||||
10 | hearings on the
surcharge
and the requirements for an efficient | ||||||
11 | wireless emergency number system, and
elicit
public comment. | ||||||
12 | The Board shall determine the minimum cost necessary for
| ||||||
13 | implementation of this system and the amount of revenue | ||||||
14 | produced based upon the
number of wireless telephones in use. | ||||||
15 | The Board shall set the surcharge at the
minimum
amount | ||||||
16 | necessary to achieve the goals of the Act and shall, by July 1, | ||||||
17 | 2000,
file this
information with the Governor, the Clerk of the | ||||||
18 | House, and the Secretary of the
Senate.
The surcharge may not | ||||||
19 | be more than $0.75 per month per CMRS connection.
| ||||||
20 | The Wireless Enhanced 9-1-1 Board shall report to the | ||||||
21 | General Assembly by
July 1, 2000 on implementing wireless | ||||||
22 | non-emergency services for the
purpose of public safety using | ||||||
23 | the digits 3-1-1. The Board shall consider the
delivery of | ||||||
24 | 3-1-1 services in a 6 county area, including rural Cook County
| ||||||
25 | (outside of the City of Chicago), and DuPage, Lake, McHenry, | ||||||
26 | Will, and Kane
Counties, as well as counties outside of this |
| |||||||
| |||||||
1 | area by an emergency telephone
system board, a qualified | ||||||
2 | governmental entity, or private industry. The Board,
upon | ||||||
3 | completion of all its duties required under this Act, is | ||||||
4 | dissolved.
| ||||||
5 | (Source: P.A. 91-660, eff. 12-22-99 .)
| ||||||
6 | (50 ILCS 751/17)
| ||||||
7 | (Section scheduled to be repealed on April 1, 2008)
| ||||||
8 | Sec. 17. Wireless carrier surcharge.
| ||||||
9 | (a) Except as provided in Section 45, each wireless
carrier | ||||||
10 | shall impose a monthly wireless carrier surcharge per CMRS | ||||||
11 | connection
that either has a telephone number within an area | ||||||
12 | code assigned to Illinois by
the North American Numbering Plan | ||||||
13 | Administrator or has a billing address in
this State.
In the | ||||||
14 | case of prepaid wireless telephone service, this surcharge | ||||||
15 | shall be
remitted based upon the address associated with the | ||||||
16 | point of purchase, the
customer billing
address, or the | ||||||
17 | location associated with the MTN for each active prepaid
| ||||||
18 | wireless telephone that has a sufficient positive balance
as of | ||||||
19 | the last day of each month, if that information is available. | ||||||
20 | No
wireless carrier
shall impose the surcharge authorized by | ||||||
21 | this
Section upon any subscriber who is subject to the | ||||||
22 | surcharge imposed by a unit
of local
government
pursuant to | ||||||
23 | Section 45.
Prior to the effective date of this amendatory Act | ||||||
24 | of the 95th General Assembly, the surcharge amount shall be the | ||||||
25 | amount set by the Wireless Enhanced 9-1-1 Board. Beginning on |
| |||||||
| |||||||
1 | the effective date of this amendatory Act of the 95th General | ||||||
2 | Assembly, the monthly surcharge imposed under this Section | ||||||
3 | shall be $0.73 per CMRS connection. The wireless carrier that | ||||||
4 | provides wireless service to the
subscriber shall collect the | ||||||
5 | surcharge set by the Wireless Enhanced 9-1-1 Board
from the | ||||||
6 | subscriber.
For mobile telecommunications services provided on | ||||||
7 | and after August 1, 2002,
any surcharge imposed under this Act | ||||||
8 | shall be imposed based upon the
municipality or county that | ||||||
9 | encompasses
the customer's place of primary use as defined in | ||||||
10 | the Mobile Telecommunications
Sourcing Conformity Act.
The | ||||||
11 | surcharge shall be stated as a separate item on the
| ||||||
12 | subscriber's monthly bill. The wireless carrier shall begin | ||||||
13 | collecting the
surcharge on bills issued within 90 days after | ||||||
14 | the Wireless Enhanced 9-1-1
Board sets the monthly wireless | ||||||
15 | surcharge. State and local taxes shall not
apply to the | ||||||
16 | wireless carrier surcharge.
| ||||||
17 | (b) Except as provided in Section 45, a wireless carrier | ||||||
18 | shall, within 45
days of collection, remit, either by check or | ||||||
19 | by electronic funds transfer, to
the State Treasurer the amount | ||||||
20 | of the wireless carrier surcharge collected
from each | ||||||
21 | subscriber.
Of the amounts remitted under this subsection prior | ||||||
22 | to the effective date of this amendatory Act of the 95th | ||||||
23 | General Assembly, and for surcharges imposed before the | ||||||
24 | effective date of this amendatory Act of the 95th General | ||||||
25 | Assembly but remitted after its effective date , the State
| ||||||
26 | Treasurer shall deposit one-third into the Wireless Carrier |
| |||||||
| |||||||
1 | Reimbursement Fund
and two-thirds into the Wireless Service | ||||||
2 | Emergency Fund. For surcharges collected and remitted on or | ||||||
3 | after the effective date of this amendatory Act of the 95th | ||||||
4 | General Assembly, $0.1475 per surcharge collected shall be | ||||||
5 | deposited into the Wireless Carrier Reimbursement Fund, and | ||||||
6 | $0.5825 per surcharge collected shall be deposited into the | ||||||
7 | Wireless Service Emergency Fund. Of the amounts deposited into | ||||||
8 | the Wireless Carrier Reimbursement Fund under this subsection, | ||||||
9 | $0.01 per surcharge collected may be distributed to the | ||||||
10 | carriers to cover their administrative costs. Of the amounts | ||||||
11 | deposited into the Wireless Service Emergency Fund under this | ||||||
12 | subsection, $0.01 per surcharge collected may be disbursed to | ||||||
13 | the Illinois Commerce Commission to cover its administrative | ||||||
14 | costs.
| ||||||
15 | (c)
The first such remittance by wireless carriers shall | ||||||
16 | include the number
of customers by zip code, and the 9-digit | ||||||
17 | zip code if currently being used or
later implemented by the | ||||||
18 | carrier, that shall be the means by which the
Illinois Commerce | ||||||
19 | Commission shall determine distributions from
the Wireless | ||||||
20 | Service Emergency Fund.
This information shall be updated no | ||||||
21 | less often than every year. Wireless
carriers are not required | ||||||
22 | to remit surcharge moneys that are billed to
subscribers but | ||||||
23 | not yet collected.
| ||||||
24 | (d) Notwithstanding any provision of law to the contrary,
| ||||||
25 | nothing shall impair the right of wireless carriers to recover
| ||||||
26 | compliance costs for all emergency communications services |
| |||||||
| |||||||
1 | that are not reimbursed out of the Wireless Carrier | ||||||
2 | Reimbursement Fund
directly from their customers via line-item | ||||||
3 | charges on the
customer's bill. Those compliance costs include | ||||||
4 | all costs
incurred by wireless carriers in complying with | ||||||
5 | local, State,
and federal regulatory or legislative mandates | ||||||
6 | that require the
transmission and receipt of emergency | ||||||
7 | communications to and
from the general public, including, but | ||||||
8 | not limited to, E-911.
| ||||||
9 | (e) The Auditor General shall conduct, on an annual basis, | ||||||
10 | an audit of the Wireless Service Emergency Fund and the | ||||||
11 | Wireless Carrier Reimbursement Fund for compliance with the | ||||||
12 | requirements of this Act. The audit shall include, but not be | ||||||
13 | limited to, the following determinations:
| ||||||
14 | (1) Whether the Commission is maintaining detailed | ||||||
15 | records of all receipts and disbursements from the Wireless | ||||||
16 | Carrier Emergency Fund and the Wireless Carrier | ||||||
17 | Reimbursement Fund.
| ||||||
18 | (2) Whether the Commission's administrative costs | ||||||
19 | charged to the funds are adequately documented and are | ||||||
20 | reasonable.
| ||||||
21 | (3) Whether the Commission's procedures for making | ||||||
22 | grants and providing reimbursements in accordance with the | ||||||
23 | Act are adequate.
| ||||||
24 | (4) The status of the implementation of wireless 9-1-1 | ||||||
25 | and E9-1-1 services in Illinois.
| ||||||
26 | The Commission, the Department of State Police, and any |
| |||||||
| |||||||
1 | other entity or person that may have information relevant to | ||||||
2 | the audit shall cooperate fully and promptly with the Office of | ||||||
3 | the Auditor General in conducting the audit. The Auditor | ||||||
4 | General shall commence the audit as soon as possible and | ||||||
5 | distribute the report upon completion in accordance with | ||||||
6 | Section 3-14 of the Illinois State Auditing Act.
| ||||||
7 | (Source: P.A. 92-526, eff. 7-1-02; 93-507, eff. 1-1-04; 93-839, | ||||||
8 | eff. 7-30-04.)
| ||||||
9 | (50 ILCS 751/25)
| ||||||
10 | (Section scheduled to be repealed on April 1, 2008)
| ||||||
11 | Sec. 25. Wireless Service Emergency Fund; distribution of | ||||||
12 | moneys.
Within 60 days after the effective date of this Act, | ||||||
13 | wireless carriers
shall submit to the Illinois Commerce | ||||||
14 | Commission the number of
wireless subscribers by zip code and | ||||||
15 | the 9-digit zip code of the wireless
subscribers, if currently | ||||||
16 | being used or later implemented by the carrier.
| ||||||
17 | The Illinois Commerce Commission shall, subject to
| ||||||
18 | appropriation, make monthly proportional grants to the | ||||||
19 | appropriate emergency
telephone system board or qualified | ||||||
20 | governmental entity based upon the United
States Postal Zip | ||||||
21 | Code of the wireless subscriber's billing address. No
matching | ||||||
22 | funds shall be required from grant recipients.
| ||||||
23 | If the Illinois Commerce Commission is notified of an area
| ||||||
24 | of overlapping jurisdiction, grants for that area shall be made | ||||||
25 | based upon
reference to an official Master Street Address Guide |
| |||||||
| |||||||
1 | to the emergency
telephone system board or qualified | ||||||
2 | governmental entity whose public
service answering points | ||||||
3 | provide wireless 9-1-1 service in that area.
The emergency | ||||||
4 | telephone system board or qualified governmental entity shall
| ||||||
5 | provide the Illinois Commerce Commission with a valid copy of | ||||||
6 | the
appropriate Master Street Address Guide. The Illinois | ||||||
7 | Commerce Commission does not have a duty to verify | ||||||
8 | jurisdictional responsibility.
| ||||||
9 | In the event of a subscriber billing address being matched | ||||||
10 | to an incorrect
jurisdiction by the Illinois Commerce | ||||||
11 | Commission, the recipient,
upon notification from the Illinois | ||||||
12 | Commerce Commission, shall
redirect the funds to the correct | ||||||
13 | jurisdiction. The Illinois Commerce Commission
shall not be | ||||||
14 | held liable for any damages relating to an
act or omission | ||||||
15 | under this Act, unless the act or omission constitutes gross
| ||||||
16 | negligence, recklessness, or intentional misconduct.
| ||||||
17 | In the event of a dispute between emergency telephone | ||||||
18 | system boards or
qualified governmental entities concerning a | ||||||
19 | subscriber billing address, the
Illinois Commerce Commission | ||||||
20 | shall resolve the dispute.
| ||||||
21 | The Illinois Commerce Commission shall maintain detailed | ||||||
22 | records
of all receipts and disbursements and shall provide an | ||||||
23 | annual accounting of all
receipts and disbursements to the | ||||||
24 | Auditor General.
| ||||||
25 | The Illinois Commerce Commission shall adopt rules to | ||||||
26 | govern the
grant process.
|
| |||||||
| |||||||
1 | The Illinois Commerce Commission may also use moneys in the | ||||||
2 | Wireless Service Emergency Fund for the purpose of conducting a | ||||||
3 | study to determine the future technological and financial needs | ||||||
4 | of the wireless 9-1-1 systems. A study shall include input from | ||||||
5 | the telecommunications industry, the Illinois National | ||||||
6 | Emergency Number Association, and the public safety community.
| ||||||
7 | (Source: P.A. 93-839, eff. 7-30-04.)
| ||||||
8 | (50 ILCS 751/35)
| ||||||
9 | (Section scheduled to be repealed on April 1, 2008)
| ||||||
10 | Sec. 35. Wireless Carrier Reimbursement Fund; | ||||||
11 | reimbursement. To recover costs from the Wireless Carrier | ||||||
12 | Reimbursement Fund, the wireless
carrier shall submit sworn | ||||||
13 | invoices to the Illinois Commerce Commission. In no event may | ||||||
14 | any invoice for payment be approved for (i) costs
that are not | ||||||
15 | related to compliance with the requirements established by the
| ||||||
16 | wireless enhanced 9-1-1 mandates of the Federal Communications | ||||||
17 | Commission, (ii)
costs with respect to any wireless enhanced | ||||||
18 | 9-1-1 service that is not operable
at the time the invoice is | ||||||
19 | submitted, or (iii) costs of any wireless carrier
exceeding | ||||||
20 | 100% of the wireless emergency services charges remitted to the
| ||||||
21 | Wireless Carrier Reimbursement Fund by the wireless carrier | ||||||
22 | under Section
17(b) unless the wireless carrier received prior | ||||||
23 | approval for the expenditures
from the Illinois Commerce | ||||||
24 | Commission.
| ||||||
25 | If in any month the total amount of invoices submitted to |
| |||||||
| |||||||
1 | the Illinois Commerce Commission and approved for payment | ||||||
2 | exceeds the amount
available in the Wireless Carrier | ||||||
3 | Reimbursement Fund, wireless carriers that
have invoices | ||||||
4 | approved for payment shall receive a pro-rata share of the | ||||||
5 | amount
available in the Wireless Carrier Reimbursement Fund | ||||||
6 | based on the relative
amount of their approved invoices | ||||||
7 | available that month, and the balance of
the payments shall be | ||||||
8 | carried into the following months until all of the approved
| ||||||
9 | payments
are made.
| ||||||
10 | A wireless carrier may not receive payment from the | ||||||
11 | Wireless Carrier
Reimbursement Fund for its costs of providing | ||||||
12 | wireless enhanced 9-1-1 services
in an area when a unit of | ||||||
13 | local government or emergency telephone system board
provides | ||||||
14 | wireless 9-1-1 services in that area and was imposing and | ||||||
15 | collecting a
wireless carrier surcharge prior to July 1, 1998.
| ||||||
16 | The Illinois Commerce Commission shall maintain detailed | ||||||
17 | records
of all receipts and disbursements and shall provide an | ||||||
18 | annual accounting of all
receipts and disbursements to the | ||||||
19 | Auditor General.
| ||||||
20 | The Illinois Commerce Commission shall adopt rules to | ||||||
21 | govern the
reimbursement process.
| ||||||
22 | Upon the effective date of this amendatory Act of the 95th | ||||||
23 | General Assembly, or as soon thereafter as practical, the State | ||||||
24 | Comptroller shall order transferred and the State Treasurer | ||||||
25 | shall transfer the sum of $8,000,000 from the Wireless Carrier | ||||||
26 | Reimbursement Fund to the Wireless Service Emergency Fund. That |
| |||||||
| |||||||
1 | amount shall be used by the Illinois Commerce Commission to | ||||||
2 | make grants in the manner described in Section 25 of this Act.
| ||||||
3 | (Source: P.A. 93-507, eff. 1-1-04; 93-839, eff. 7-30-04.)
| ||||||
4 | (50 ILCS 751/45)
| ||||||
5 | (Section scheduled to be repealed on April 1, 2008)
| ||||||
6 | Sec. 45. Continuation of current practices. | ||||||
7 | Notwithstanding any other
provision of this Act, a unit of | ||||||
8 | local government or emergency telephone
system board providing | ||||||
9 | wireless 9-1-1 service and imposing and collecting a
wireless | ||||||
10 | carrier surcharge prior to July 1, 1998 may continue its | ||||||
11 | practices of
imposing and collecting its wireless carrier | ||||||
12 | surcharge, but in no event shall
that monthly surcharge exceed | ||||||
13 | $2.50
$1.25 per commercial mobile radio service (CMRS)
| ||||||
14 | connection or in-service telephone number billed on a monthly | ||||||
15 | basis.
For mobile telecommunications services provided on and | ||||||
16 | after August 1, 2002,
any surcharge imposed shall be imposed | ||||||
17 | based upon the municipality or county
that encompasses the | ||||||
18 | customer's place of primary use as defined in the Mobile
| ||||||
19 | Telecommunications Sourcing Conformity Act.
| ||||||
20 | In addition to any other lawful purpose, a municipality | ||||||
21 | with a population over 500,000 may use the moneys collected | ||||||
22 | under this Section for any anti-terrorism or emergency | ||||||
23 | preparedness measures, including, but not limited to, | ||||||
24 | preparedness planning, providing local matching funds for | ||||||
25 | federal or State grants, personnel training, and specialized |
| |||||||
| |||||||
1 | equipment, including surveillance cameras as needed to deal | ||||||
2 | with natural and terrorist-inspired emergency situations or | ||||||
3 | events.
| ||||||
4 | (Source: P.A. 91-660, eff. 12-22-99; 92-526, eff. 7-1-02 .)
| ||||||
5 | (50 ILCS 751/70)
| ||||||
6 | (Section scheduled to be repealed on April 1, 2008)
| ||||||
7 | Sec. 70. Repealer. This Act is repealed on April 1, 2013
| ||||||
8 | 2008 .
| ||||||
9 | (Source: P.A. 93-507, eff. 1-1-04.)
| ||||||
10 | Section 99. Effective date. This Act takes effect January | ||||||
11 | 1, 2008. |