Sen. Don Harmon

Filed: 4/5/2011

 

 


 

 


 
09700SB2063sam003LRB097 09995 ASK 53959 a

1
AMENDMENT TO SENATE BILL 2063

2    AMENDMENT NO. ______. Amend Senate Bill 2063, AS AMENDED,
3with reference to page and line numbers of Senate Amendment No.
42 as follows:
 
5on page 11, immediately below line 22, by inserting the
6following:
 
7    "Section 90. The Emergency Telephone System Act is amended
8by changing Section 15.3 and by adding Sections 2.24, 2.25, and
92.26 as follows:
 
10    (50 ILCS 750/2.24 new)
11    Sec. 2.24. Advanced service. "Advanced service" means any
12telecommunications service with dynamic bandwidth allocation,
13including but not limited to ISDN Primary Rate Interface (PRI),
14that, through the use of a DS-1, T-1, or similar un-channelized
15or multi-channel transmission facility, is capable of

 

 

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1transporting either the subscriber's inter-premises voice
2telecommunications services to the public switched network or
3the subscriber's 9-1-1 calls to the public agency. As used in
4this Section, "dynamic bandwidth allocation" means the ability
5of the facility or customer to drop and add channels, or adjust
6bandwidth, when needed in real time for voice or data purposes.
7As used in this Section, "DS-1, T-1, or similar un-channelized
8or multi-channel transmission facility" means a facility that
9can transmit and receive a bit rate of at least 1.544 megabits
10per second (Mbps).
 
11    (50 ILCS 750/2.25 new)
12    Sec. 2.25. Regular service. "Regular service" means any
13telecommunications service, other than advanced service, that
14is capable of transporting either the subscriber's
15inter-premises voice telecommunications services to the public
16switched network or the subscriber's 9-1-1 calls to the public
17agency.
 
18    (50 ILCS 750/2.26 new)
19    Sec. 2.26. Trunk line. "Trunk line" means a transmission
20path, or group of transmission paths, connecting a subscriber's
21Private Branch Exchange ("P.B.X.") to a telecommunications
22carrier's public switched network. In the case of regular
23service, each voice grade communications channel or equivalent
24amount of bandwidth capable of transporting either the

 

 

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1subscriber's inter-premises voice telecommunications services
2to the public switched network or the subscriber's 9-1-1 calls
3to the public agency shall be considered a trunk line, even if
4it is bundled with other channels or additional bandwidth. In
5the case of advanced service, each DS-1, T-1, or similar
6un-channelized or multi-channel transmission facility that is
7capable of transporting either the subscriber's inter-premises
8voice telecommunications services to the public switched
9network or the subscriber's 9-1-1 calls to the public agency
10shall be considered a single trunk line, even if it contains
11multiple voice grade communications channels or otherwise
12supports 2 or more voice grade calls ("VGC") at a time;
13provided, however, that each additional 1.544 Mbps of
14transmission capacity that is capable of transporting either
15the subscriber's inter-premises voice telecommunications
16services to the public switched network or the subscriber's
179-1-1 calls to the public agency shall be considered an
18additional trunk line.
 
19    (50 ILCS 750/15.3)  (from Ch. 134, par. 45.3)
20    Sec. 15.3. Surcharge.
21    (a) The corporate authorities of any municipality or any
22county may, subject to the limitations of subsections (c), (d),
23and (h), and in addition to any tax levied pursuant to the
24Simplified Municipal Telecommunications Tax Act, impose a
25monthly surcharge on billed subscribers of network connection

 

 

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1provided by telecommunication carriers engaged in the business
2of transmitting messages by means of electricity originating
3within the corporate limits of the municipality or county
4imposing the surcharge at a rate per network connection
5determined in accordance with subsection (c), however the
6monthly surcharge shall not apply to a network connection
7provided for use with pay telephone services. Provided,
8however, that where multiple voice grade communications
9channels are connected between the subscriber's premises and a
10public switched network through private branch exchange (PBX)
11or centrex type service, a municipality imposing a surcharge at
12a rate per network connection, as determined in accordance with
13this Act, shall impose:
14    (i) in a municipality with a population of 500,000 or less,
155 such surcharges per network connection, as determined in
16accordance with subsections (a) and (d) of Section 2.12 of this
17Act, for both regular service and advanced service provisioned
18trunk lines;
19    (ii) in a municipality with a population, prior to March 1,
202010, of 500,000 or more, 5 surcharges per network connection,
21as determined in accordance with subsections (a) and (d) of
22Section 2.12 of this Act, for both regular service and advanced
23service provisioned trunk lines;
24    (iii) in a municipality with a population, as of March 1,
252010, of 500,000 or more, 5 surcharges per network connection,
26as determined in accordance with subsections (a) and (d) of

 

 

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1Section 2.12 of this Act, for regular service provisioned trunk
2lines, and 12 surcharges per network connection, as determined
3in accordance with subsections (a) and (d) of Section 2.12 of
4this Act, for advanced service provisioned trunk lines, except
5where an advanced service provisioned trunk line supports at
6least 2 but fewer than 23 simultaneous voice grade calls
7("VGC's"), a telecommunication carrier may elect to impose
8fewer than 12 surcharges per trunk line as provided in
9subsection (iv) of this Section; or
10    (iv) for an advanced service provisioned trunk line
11connected between the subscriber's premises and the public
12switched network through a P.B.X., where the advanced service
13provisioned trunk line is capable of transporting at least 2
14but fewer than 23 simultaneous VGC's per trunk line, the
15telecommunications carrier collecting the surcharge may elect
16to impose surcharges in accordance with the table provided in
17this Section, without limiting any telecommunications
18carrier's obligations to otherwise keep and maintain records.
19Any telecommunications carrier electing to impose fewer than 12
20surcharges per an advanced service provisioned trunk line shall
21keep and maintain records adequately to demonstrate the VGC
22capability of each advanced service provisioned trunk line with
23fewer than 12 surcharges imposed, provided that 12 surcharges
24shall be imposed on an advanced service provisioned trunk line
25regardless of the VGC capability where a telecommunications
26carrier cannot demonstrate the VGC capability of the advanced

 

 

 

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1service provisioned trunk line.
 
2Facility VGC's 911 Surcharges
3Advanced service provisioned trunk line 18-23 12
4Advanced service provisioned trunk line 12-17 10
5Advanced service provisioned trunk line 2-11 8
6    Subsections (i), (ii), (iii), and (iv) are not intended to
7make any change in the meaning of this Section, but are
8intended to remove possible ambiguity, thereby confirming the
9intent of paragraph (a) as it existed prior to and following
10the effective date of this amendatory Act of the 97th General
11Assembly.
12    For mobile telecommunications services, if a surcharge is
13imposed it shall be imposed based upon the municipality or
14county that encompasses the customer's place of primary use as
15defined in the Mobile Telecommunications Sourcing Conformity
16Act. A municipality may enter into an intergovernmental
17agreement with any county in which it is partially located,
18when the county has adopted an ordinance to impose a surcharge
19as provided in subsection (c), to include that portion of the
20municipality lying outside the county in that county's
21surcharge referendum. If the county's surcharge referendum is
22approved, the portion of the municipality identified in the
23intergovernmental agreement shall automatically be
24disconnected from the county in which it lies and connected to

 

 

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

 

 

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1or incorporated town) of ..... impose          YES
2a surcharge of up to ...¢ per month per
3network connection, which surcharge will
4be added to the monthly bill you receive   ------------------
5for telephone or telecommunications
6charges, for the purpose of installing
7(or improving) a 9-1-1 Emergency               NO
8Telephone System?
9-------------------------------------------------------------
10    If a majority of the votes cast upon the public question
11are in favor thereof, the surcharge shall be imposed.
12    However, if a Joint Emergency Telephone System Board is to
13be created pursuant to an intergovernmental agreement under
14Section 15.4, the ordinance to impose the surcharge shall be
15subject to the approval of a majority of the total number of
16votes cast upon the public question by the electors of all of
17the municipalities or counties, or combination thereof, that
18are parties to the intergovernmental agreement.
19    The referendum requirement of this subsection (c) shall not
20apply to any municipality with a population over 500,000 or to
21any county in which a proposition as to whether a sophisticated
229-1-1 Emergency Telephone System should be installed in the
23county, at a cost not to exceed a specified monthly amount per
24network connection, has previously been approved by a majority
25of the electors of the county voting on the proposition at an
26election conducted before the effective date of this amendatory

 

 

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1Act of 1987.
2    (d) A county may not impose a surcharge, unless requested
3by a municipality, in any incorporated area which has
4previously approved a surcharge as provided in subsection (c)
5or in any incorporated area where the corporate authorities of
6the municipality have previously entered into a binding
7contract or letter of intent with a telecommunications carrier
8to provide sophisticated 9-1-1 service through municipal
9funds.
10    (e) A municipality or county may at any time by ordinance
11change the rate of the surcharge imposed under this Section if
12the new rate does not exceed the rate specified in the
13referendum held pursuant to subsection (c).
14    (f) The surcharge authorized by this Section shall be
15collected from the subscriber by the telecommunications
16carrier providing the subscriber the network connection as a
17separately stated item on the subscriber's bill.
18    (g) The amount of surcharge collected by the
19telecommunications carrier shall be paid to the particular
20municipality or county or Joint Emergency Telephone System
21Board not later than 30 days after the surcharge is collected,
22net of any network or other 9-1-1 or sophisticated 9-1-1 system
23charges then due the particular telecommunications carrier, as
24shown on an itemized bill. The telecommunications carrier
25collecting the surcharge shall also be entitled to deduct 3% of
26the gross amount of surcharge collected to reimburse the

 

 

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1telecommunications carrier for the expense of accounting and
2collecting the surcharge.
3    (h) Except as expressly provided in subsection (a) of this
4Section, a municipality with a population over 500,000 may not
5impose a monthly surcharge in excess of $2.50 per network
6connection.
7    (i) Any municipality or county or joint emergency telephone
8system board that has imposed a surcharge pursuant to this
9Section prior to the effective date of this amendatory Act of
101990 shall hereafter impose the surcharge in accordance with
11subsection (b) of this Section.
12    (j) The corporate authorities of any municipality or county
13may issue, in accordance with Illinois law, bonds, notes or
14other obligations secured in whole or in part by the proceeds
15of the surcharge described in this Section. Notwithstanding any
16change in law subsequent to the issuance of any bonds, notes or
17other obligations secured by the surcharge, every municipality
18or county issuing such bonds, notes or other obligations shall
19be authorized to impose the surcharge as though the laws
20relating to the imposition of the surcharge in effect at the
21time of issuance of the bonds, notes or other obligations were
22in full force and effect until the bonds, notes or other
23obligations are paid in full. The State of Illinois pledges and
24agrees that it will not limit or alter the rights and powers
25vested in municipalities and counties by this Section to impose
26the surcharge so as to impair the terms of or affect the

 

 

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1security for bonds, notes or other obligations secured in whole
2or in part with the proceeds of the surcharge described in this
3Section.
4    (k) Any surcharge collected by or imposed on a
5telecommunications carrier pursuant to this Section shall be
6held to be a special fund in trust for the municipality, county
7or Joint Emergency Telephone Board imposing the surcharge.
8Except for the 3% deduction provided in subsection (g) above,
9the special fund shall not be subject to the claims of
10creditors of the telecommunication carrier.
11(Source: P.A. 95-331, eff. 8-21-07; 95-698, eff. 1-1-08;
1295-1012, eff. 12-15-08.)"; and
 
13on page 23, line 19, immediately after "2012", by inserting ",
14except that this Section and Section 90 shall take effect upon
15becoming law".