HB2453 EnrolledLRB098 10097 OMW 40256 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of State Police Law of the Civil
5Administrative Code of Illinois is amended by changing Section
62605-25 as follows:
 
7    (20 ILCS 2605/2605-25)  (was 20 ILCS 2605/55a-1)
8    Sec. 2605-25. Department divisions. The Department is
9divided into the Illinois State Police Academy and 4 divisions:
10the Division of Operations, the Division of Forensic Services,
11the Division of Administration, and the Division of Internal
12Investigation. Beginning on July 1, 2015, there shall be the
13Division of the Statewide 9-1-1 Administrator within the
14Department of State Police to develop, implement, and oversee a
15uniform statewide 9-1-1 system for all areas of the State
16outside of municipalities having a population of more than
17500,000.
18(Source: P.A. 90-130, eff. 1-1-98; 91-239, eff. 1-1-00; 91-760,
19eff. 1-1-01.)
 
20    Section 10. The Emergency Telephone System Act is amended
21by changing Section 15.3 as follows:
 

 

 

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1    (50 ILCS 750/15.3)  (from Ch. 134, par. 45.3)
2    Sec. 15.3. Surcharge.
3    (a) The corporate authorities of any municipality or any
4county may, subject to the limitations of subsections (c), (d),
5and (h), and in addition to any tax levied pursuant to the
6Simplified Municipal Telecommunications Tax Act, impose a
7monthly surcharge on billed subscribers of network connection
8provided by telecommunication carriers engaged in the business
9of transmitting messages by means of electricity originating
10within the corporate limits of the municipality or county
11imposing the surcharge at a rate per network connection
12determined in accordance with subsection (c), however the
13monthly surcharge shall not apply to a network connection
14provided for use with pay telephone services. Provided,
15however, that where multiple voice grade communications
16channels are connected between the subscriber's premises and a
17public switched network through private branch exchange (PBX)
18or centrex type service, a municipality imposing a surcharge at
19a rate per network connection, as determined in accordance with
20this Act, shall impose:
21        (i) in a municipality with a population of 500,000 or
22    less or in any county, 5 such surcharges per network
23    connection, as determined in accordance with subsections
24    (a) and (d) of Section 2.12 of this Act, for both regular
25    service and advanced service provisioned trunk lines;
26        (ii) in a municipality with a population, prior to

 

 

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1    March 1, 2010, of 500,000 or more, 5 surcharges per network
2    connection, as determined in accordance with subsections
3    (a) and (d) of Section 2.12 of this Act, for both regular
4    service and advanced service provisioned trunk lines;
5        (iii) in a municipality with a population, as of March
6    1, 2010, of 500,000 or more, 5 surcharges per network
7    connection, as determined in accordance with subsections
8    (a) and (d) of Section 2.12 of this Act, for regular
9    service provisioned trunk lines, and 12 surcharges per
10    network connection, as determined in accordance with
11    subsections (a) and (d) of Section 2.12 of this Act, for
12    advanced service provisioned trunk lines, except where an
13    advanced service provisioned trunk line supports at least 2
14    but fewer than 23 simultaneous voice grade calls ("VGC's"),
15    a telecommunication carrier may elect to impose fewer than
16    12 surcharges per trunk line as provided in subsection (iv)
17    of 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

 

 

 

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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.
 
11Facility VGC's 911 Surcharges
12Advanced service provisioned trunk line 18-23 12
13Advanced service provisioned trunk line 12-17 10
14Advanced service provisioned trunk line 2-11 8
15    Subsections (i), (ii), (iii), and (iv) are not intended to
16make any change in the meaning of this Section, but are
17intended to remove possible ambiguity, thereby confirming the
18intent of paragraph (a) as it existed prior to and following
19the effective date of this amendatory Act of the 97th General
20Assembly.
21    For mobile telecommunications services, if a surcharge is
22imposed it shall be imposed based upon the municipality or
23county that encompasses the customer's place of primary use as
24defined in the Mobile Telecommunications Sourcing Conformity

 

 

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1Act. A municipality may enter into an intergovernmental
2agreement with any county in which it is partially located,
3when the county has adopted an ordinance to impose a surcharge
4as provided in subsection (c), to include that portion of the
5municipality lying outside the county in that county's
6surcharge referendum. If the county's surcharge referendum is
7approved, the portion of the municipality identified in the
8intergovernmental agreement shall automatically be
9disconnected from the county in which it lies and connected to
10the county which approved the referendum for purposes of a
11surcharge on telecommunications carriers.
12    (b) For purposes of computing the surcharge imposed by
13subsection (a), the network connections to which the surcharge
14shall apply shall be those in-service network connections,
15other than those network connections assigned to the
16municipality or county, where the service address for each such
17network connection or connections is located within the
18corporate limits of the municipality or county levying the
19surcharge. Except for mobile telecommunication services, the
20"service address" shall mean the location of the primary use of
21the network connection or connections. For mobile
22telecommunication services, "service address" means the
23customer's place of primary use as defined in the Mobile
24Telecommunications Sourcing Conformity Act.
25    (c) Upon the passage of an ordinance to impose a surcharge
26under this Section the clerk of the municipality or county

 

 

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1shall certify the question of whether the surcharge may be
2imposed to the proper election authority who shall submit the
3public question to the electors of the municipality or county
4in accordance with the general election law; provided that such
5question shall not be submitted at a consolidated primary
6election. The public question shall be in substantially the
7following form:
8-------------------------------------------------------------
9    Shall the county (or city, village
10or incorporated town) of ..... impose          YES
11a surcharge of up to ... per month per
12network connection, which surcharge will
13be added to the monthly bill you receive   ------------------
14for telephone or telecommunications
15charges, for the purpose of installing
16(or improving) a 9-1-1 Emergency               NO
17Telephone System?
18-------------------------------------------------------------
19    If a majority of the votes cast upon the public question
20are in favor thereof, the surcharge shall be imposed.
21    However, if a Joint Emergency Telephone System Board is to
22be created pursuant to an intergovernmental agreement under
23Section 15.4, the ordinance to impose the surcharge shall be
24subject to the approval of a majority of the total number of
25votes cast upon the public question by the electors of all of
26the municipalities or counties, or combination thereof, that

 

 

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1are parties to the intergovernmental agreement.
2    The referendum requirement of this subsection (c) shall not
3apply to any municipality with a population over 500,000 or to
4any county in which a proposition as to whether a sophisticated
59-1-1 Emergency Telephone System should be installed in the
6county, at a cost not to exceed a specified monthly amount per
7network connection, has previously been approved by a majority
8of the electors of the county voting on the proposition at an
9election conducted before the effective date of this amendatory
10Act of 1987.
11    (d) A county may not impose a surcharge, unless requested
12by a municipality, in any incorporated area which has
13previously approved a surcharge as provided in subsection (c)
14or in any incorporated area where the corporate authorities of
15the municipality have previously entered into a binding
16contract or letter of intent with a telecommunications carrier
17to provide sophisticated 9-1-1 service through municipal
18funds.
19    (e) A municipality or county may at any time by ordinance
20change the rate of the surcharge imposed under this Section if
21the new rate does not exceed the rate specified in the
22referendum held pursuant to subsection (c).
23    (f) The surcharge authorized by this Section shall be
24collected from the subscriber by the telecommunications
25carrier providing the subscriber the network connection as a
26separately stated item on the subscriber's bill.

 

 

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1    (g) The amount of surcharge collected by the
2telecommunications carrier shall be paid to the particular
3municipality or county or Joint Emergency Telephone System
4Board not later than 30 days after the surcharge is collected,
5net of any network or other 9-1-1 or sophisticated 9-1-1 system
6charges then due the particular telecommunications carrier, as
7shown on an itemized bill. The telecommunications carrier
8collecting the surcharge shall also be entitled to deduct 3% of
9the gross amount of surcharge collected to reimburse the
10telecommunications carrier for the expense of accounting and
11collecting the surcharge.
12    (h) Except as expressly provided in subsection (a) of this
13Section, on or after the effective date of this amendatory Act
14of the 98th General Assembly and until July 1, 2015, a
15municipality with a population of 500,000 or more shall not
16impose a monthly surcharge per network connection in excess of
17the highest monthly surcharge imposed as of January 1, 2014 by
18any county or municipality under subsection (c) of this
19Section. On or after July 1, 2015, a municipality with a
20population over 500,000 may not impose a monthly surcharge in
21excess of $2.50 per network connection.
22    (i) Any municipality or county or joint emergency telephone
23system board that has imposed a surcharge pursuant to this
24Section prior to the effective date of this amendatory Act of
251990 shall hereafter impose the surcharge in accordance with
26subsection (b) of this Section.

 

 

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1    (j) The corporate authorities of any municipality or county
2may issue, in accordance with Illinois law, bonds, notes or
3other obligations secured in whole or in part by the proceeds
4of the surcharge described in this Section. Notwithstanding any
5change in law subsequent to the issuance of any bonds, notes or
6other obligations secured by the surcharge, every municipality
7or county issuing such bonds, notes or other obligations shall
8be authorized to impose the surcharge as though the laws
9relating to the imposition of the surcharge in effect at the
10time of issuance of the bonds, notes or other obligations were
11in full force and effect until the bonds, notes or other
12obligations are paid in full. The State of Illinois pledges and
13agrees that it will not limit or alter the rights and powers
14vested in municipalities and counties by this Section to impose
15the surcharge so as to impair the terms of or affect the
16security for bonds, notes or other obligations secured in whole
17or in part with the proceeds of the surcharge described in this
18Section.
19    (k) Any surcharge collected by or imposed on a
20telecommunications carrier pursuant to this Section shall be
21held to be a special fund in trust for the municipality, county
22or Joint Emergency Telephone Board imposing the surcharge.
23Except for the 3% deduction provided in subsection (g) above,
24the special fund shall not be subject to the claims of
25creditors of the telecommunication carrier.
26(Source: P.A. 97-463, eff. 8-19-11.)
 

 

 

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1    Section 15. The Wireless Emergency Telephone Safety Act is
2amended by changing Sections 17, 35, 45, 70, and 85 and by
3adding Section 27 as follows:
 
4    (50 ILCS 751/17)
5    (Section scheduled to be repealed on July 1, 2014)
6    Sec. 17. Wireless carrier surcharge.
7    (a) Except as provided in Sections 45 and 80, each wireless
8carrier shall impose a monthly wireless carrier surcharge per
9CMRS connection that either has a telephone number within an
10area code assigned to Illinois by the North American Numbering
11Plan Administrator or has a billing address in this State. No
12wireless carrier shall impose the surcharge authorized by this
13Section upon any subscriber who is subject to the surcharge
14imposed by a unit of local government pursuant to Section 45.
15Prior to January 1, 2008 (the effective date of Public Act
1695-698), the surcharge amount shall be the amount set by the
17Wireless Enhanced 9-1-1 Board. Beginning on January 1, 2008
18(the effective date of Public Act 95-698), the monthly
19surcharge imposed under this Section shall be $0.73 per CMRS
20connection. The wireless carrier that provides wireless
21service to the subscriber shall collect the surcharge from the
22subscriber. For mobile telecommunications services provided on
23and after August 1, 2002, any surcharge imposed under this Act
24shall be imposed based upon the municipality or county that

 

 

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1encompasses the customer's place of primary use as defined in
2the Mobile Telecommunications Sourcing Conformity Act. The
3surcharge shall be stated as a separate item on the
4subscriber's monthly bill. The wireless carrier shall begin
5collecting the surcharge on bills issued within 90 days after
6the Wireless Enhanced 9-1-1 Board sets the monthly wireless
7surcharge. State and local taxes shall not apply to the
8wireless carrier surcharge.
9    (b) Except as provided in Sections 45 and 80, a wireless
10carrier shall, within 45 days of collection, remit, either by
11check or by electronic funds transfer, to the State Treasurer
12the amount of the wireless carrier surcharge collected from
13each subscriber. Of the amounts remitted under this subsection
14prior to January 1, 2008 (the effective date of Public Act
1595-698), and for surcharges imposed before January 1, 2008 (the
16effective date of Public Act 95-698) but remitted after January
171, 2008, the State Treasurer shall deposit one-third into the
18Wireless Carrier Reimbursement Fund and two-thirds into the
19Wireless Service Emergency Fund. For surcharges collected and
20remitted on or after January 1, 2008 (the effective date of
21Public Act 95-698), $0.1475 per surcharge collected shall be
22deposited into the Wireless Carrier Reimbursement Fund, and
23$0.5825 per surcharge collected shall be deposited into the
24Wireless Service Emergency Fund. For surcharges collected and
25remitted on or after July 1, 2014, $0.05 per surcharge
26collected shall be deposited into the Wireless Carrier

 

 

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1Reimbursement Fund, $0.66 per surcharge shall be deposited into
2the Wireless Service Emergency Fund, and $0.02 per surcharge
3collected shall be deposited into the Wireless Service
4Emergency Fund and distributed in equal amounts to County
5Emergency System Telephone Boards in counties with a population
6under 100,000 according to the most recent census data. Of the
7amounts deposited into the Wireless Carrier Reimbursement Fund
8under this subsection, $0.01 per surcharge collected may be
9distributed to the carriers to cover their administrative
10costs. Of the amounts deposited into the Wireless Service
11Emergency Fund under this subsection, $0.01 per surcharge
12collected may be disbursed to the Illinois Commerce Commission
13to cover its administrative costs.
14    (c) The first such remittance by wireless carriers shall
15include the number of wireless subscribers by zip code, and the
169-digit zip code if currently being used or later implemented
17by the carrier, that shall be the means by which the Illinois
18Commerce Commission shall determine distributions from the
19Wireless Service Emergency Fund. This information shall be
20updated no less often than every year. Wireless carriers are
21not required to remit surcharge moneys that are billed to
22subscribers but not yet collected. Any carrier that fails to
23provide the zip code information required under this subsection
24(c) shall be subject to the penalty set forth in subsection (f)
25of this Section.
26    (d) Any funds collected under the Prepaid Wireless 9-1-1

 

 

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

 

 

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1calendar month after the closing date of the remit period, a
2wireless carrier does not provide the number of subscribers by
3zip code as required under subsection (c) of this Section, then
4the report is deemed delinquent and the Illinois Commerce
5Commission may impose a penalty against the carrier in an
6amount equal to the greater of:
7        (1) $25 for each month or portion of a month that the
8    report is delinquent; or
9        (2) an amount equal to the product of 1/2 and the
10    number of subscribers served by the wireless carrier. On
11    and after July 1, 2014, an amount equal to the product of
12    $0.01 and the number of subscribers served by the wireless
13    carrier.
14    A penalty imposed in accordance with this subsection (f)
15for a portion of a month during which the carrier pays the
16delinquent amount in full shall be prorated for each day of
17that month that the delinquent amount was paid in full. A
18penalty imposed and collected in accordance with subsection (e)
19or this subsection (f) shall be deposited into the Wireless
20Service Emergency Fund for distribution according to Section 25
21of this Act. Any penalty imposed under this subsection (f) is
22in addition to any other penalty imposed under this Section.
23    (g) The Illinois Commerce Commission may enforce the
24collection of any delinquent amount and any penalty due and
25unpaid under this Section by legal action or in any other
26manner by which the collection of debts due the State of

 

 

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

 

 

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1        (2) Whether the Commission's administrative costs
2    charged to the funds are adequately documented and are
3    reasonable.
4        (3) Whether the Commission's procedures for making
5    grants and providing reimbursements in accordance with the
6    Act are adequate.
7        (4) The status of the implementation of wireless 9-1-1
8    and E9-1-1 services in Illinois.
9    The Commission, the Department of State Police, and any
10other entity or person that may have information relevant to
11the audit shall cooperate fully and promptly with the Office of
12the Auditor General in conducting the audit. The Auditor
13General shall commence the audit as soon as possible and
14distribute the report upon completion in accordance with
15Section 3-14 of the Illinois State Auditing Act.
16(Source: P.A. 97-463, eff. 1-1-12.)
 
17    (50 ILCS 751/27 new)
18    Sec. 27. Financial reports.
19    (a) The Illinois Commerce Commission shall create uniform
20accounting procedures, with such modification as may be
21required to give effect to statutory provisions applicable only
22to municipalities with a population in excess of 500,000, that
23any emergency telephone system board, qualified governmental
24entity, or unit of local government described in Section 15 of
25this Act and Section 15.4 of the Emergency Telephone System Act

 

 

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1or any entity imposing a wireless surcharge pursuant to Section
245 of this Act must follow.
3    (b) By October 1, 2014, each emergency telephone system
4board, qualified governmental entity, or unit of local
5government described in Section 15 of this Act and Section 15.4
6of the Emergency Telephone System Act or any entity imposing a
7wireless surcharge pursuant to Section 45 of this Act shall
8report to the Illinois Commerce Commission audited financial
9statements showing total revenue and expenditures for each of
10the last two of its fiscal years in a form and manner as
11prescribed by the Illinois Commerce Commission's Manager of
12Accounting. Such financial information shall include:
13        (1) a detailed summary of revenue from all sources
14    including, but not limited to, local, State, federal, and
15    private revenues, and any other funds received;
16        (2) operating expenses, capital expenditures, and cash
17    balances; and
18        (3) such other financial information that is relevant
19    to the provision of 9-1-1 services as determined by the
20    Illinois Commerce Commission's Manager of Accounting.
21    The emergency telephone system board, qualified
22governmental entity, or unit of local government is responsible
23for any costs associated with auditing such financial
24statements. The Illinois Commerce Commission shall post the
25audited financial statements on the Commission's website.
26    (c) By January 31, 2016 and each year thereafter, each

 

 

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1emergency telephone system board, qualified governmental
2entity, or unit of local government described in Section 15 of
3this Act and Section 15.4 of the Emergency Telephone System Act
4or any entity imposing a wireless surcharge pursuant to Section
545 of this Act shall report to the Illinois Commerce Commission
6audited annual financial statements showing total revenue and
7expenditures in a form and manner as prescribed by the Illinois
8Commerce Commission's Manager of Accounting.
9    The emergency telephone system board, qualified
10governmental entity, or unit of local government is responsible
11for any costs associated with auditing such financial
12statements.
13    The Illinois Commerce Commission shall post each entity's
14individual audited annual financial statements on the
15Commission's website.
16    (d) If an emergency telephone system board or qualified
17governmental entity that receives funds from the Wireless
18Service Emergency Fund fails to file the 9-1-1 system financial
19reports as required under this Section, the Illinois Commerce
20Commission shall suspend and withhold monthly grants otherwise
21due to the emergency telephone system board or qualified
22governmental entity under Section 25 of this Act until the
23report is filed.
24    Any monthly grants that have been withheld for 12 months or
25more shall be forfeited by the emergency telephone system board
26or qualified governmental entity and shall be distributed

 

 

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1proportionally by the Illinois Commerce Commission to
2compliant emergency telephone system boards and qualified
3governmental entities that receive funds from the Wireless
4Service Emergency Fund.
5    (e) The Illinois Commerce Commission may adopt emergency
6rules necessary to carry out the provisions of this Section.
 
7    (50 ILCS 751/35)
8    (Section scheduled to be repealed on July 1, 2014)
9    Sec. 35. Wireless Carrier Reimbursement Fund;
10reimbursement.
11    (a) To recover costs from the Wireless Carrier
12Reimbursement Fund, the wireless carrier shall submit sworn
13invoices to the Illinois Commerce Commission. In no event may
14any invoice for payment be approved for (i) costs that are not
15related to compliance with the requirements established by the
16wireless enhanced 9-1-1 mandates of the Federal Communications
17Commission, or (ii) costs with respect to any wireless enhanced
189-1-1 service that is not operable at the time the invoice is
19submitted, or (iii) costs in excess of the sum of (A) the
20carrier's balance, as determined under subsection (e) of this
21Section, plus (B) 100% of the surcharge remitted to the
22Wireless Carrier Reimbursement Fund by the wireless carrier
23under Section 17(b) since the last annual review of the balance
24in the Wireless Carrier Reimbursement Fund under subsection (e)
25of this Section, less reimbursements paid to the carrier out of

 

 

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1the Wireless Carrier Reimbursement Fund since the last annual
2review of the balance under subsection (e) of this Section,
3unless the wireless carrier received prior approval for the
4expenditures from the Illinois Commerce Commission.
5    (b) If in any month the total amount of invoices submitted
6to the Illinois Commerce Commission and approved for payment
7exceeds the amount available in the Wireless Carrier
8Reimbursement Fund, wireless carriers that have invoices
9approved for payment shall receive a pro-rata share of the
10amount available in the Wireless Carrier Reimbursement Fund
11based on the relative amount of their approved invoices
12available that month, and the balance of the payments shall be
13carried into the following months until all of the approved
14payments are made.
15    (c) A wireless carrier may not receive payment from the
16Wireless Carrier Reimbursement Fund for its costs of providing
17wireless enhanced 9-1-1 services in an area when a unit of
18local government or emergency telephone system board provides
19wireless 9-1-1 services in that area and was imposing and
20collecting a wireless carrier surcharge prior to July 1, 1998.
21    (d) The Illinois Commerce Commission shall maintain
22detailed records of all receipts and disbursements and shall
23provide an annual accounting of all receipts and disbursements
24to the Auditor General.
25    (e) The Illinois Commerce Commission must annually review
26the balance in the Wireless Carrier Reimbursement Fund as of

 

 

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1June 30 of each year and shall direct the Comptroller to
2transfer into the Wireless Services Emergency Fund for
3distribution in accordance with Section 25 of this Act any
4amount in excess of the amount of deposits into the Fund for
5the 24 months prior to June 30 less:
6        (1) the amount of paid and payables received by June 30
7    for the 24 months prior to June 30 as determined eligible
8    under subsection (a) of this Section;
9        (2) the administrative costs associated with the Fund
10    for the 24 months prior to June 30; and
11        (3) the prorated portion of any other adjustments made
12    to the Fund in the 24 months prior to June 30.
13    After making the calculation required under this
14subsection (e), each carrier's available balance for purposes
15of reimbursements must be adjusted using the same calculation.
16    (f) The Illinois Commerce Commission shall adopt rules to
17govern the reimbursement process.
18    (g) On January 1, 2008 (the effective date of Public Act
1995-698), or as soon thereafter as practical, the State
20Comptroller shall order transferred and the State Treasurer
21shall transfer the sum of $8,000,000 from the Wireless Carrier
22Reimbursement Fund to the Wireless Service Emergency Fund. That
23amount shall be used by the Illinois Commerce Commission to
24make grants in the manner described in Section 25 of this Act.
25(Source: P.A. 95-63, eff. 8-13-07; 95-698, eff. 1-1-08; 95-876,
26eff. 8-21-08.)
 

 

 

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1    (50 ILCS 751/45)
2    (Section scheduled to be repealed on July 1, 2014)
3    Sec. 45. Continuation of current practices.
4    (a) Notwithstanding any other provision of this Act, a unit
5of local government or emergency telephone system board
6providing wireless 9-1-1 service and imposing and collecting a
7wireless carrier surcharge prior to July 1, 1998 may continue
8its practices of imposing and collecting its wireless carrier
9surcharge, but, except as provided in subsection (b) of this
10Section, in no event shall that monthly surcharge exceed $2.50
11per commercial mobile radio service (CMRS) connection or
12in-service telephone number billed on a monthly basis. For
13mobile telecommunications services provided on and after
14August 1, 2002, any surcharge imposed shall be imposed based
15upon the municipality or county that encompasses the customer's
16place of primary use as defined in the Mobile
17Telecommunications Sourcing Conformity Act.
18    (b) On or after the effective date of this amendatory Act
19of the 98th General Assembly and until July 1, 2015, the
20corporate authorities of a municipality with a population in
21excess of 500,000 on the effective date of this amendatory Act
22may by ordinance impose and collect a monthly surcharge per
23commercial mobile radio service (CMRS) connection or
24in-service telephone number billed on a monthly basis that does
25not exceed the highest monthly surcharge imposed as of January

 

 

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11, 2014 by any county or municipality under subsection (c) of
2Section 15.3 of the Emergency Telephone System Act. On or after
3July 1, 2015, the municipality may continue imposing and
4collecting its wireless carrier surcharge as provided in and
5subject to the limitations of subsection (a) of this Section.
6    (c) In addition to any other lawful purpose, a municipality
7with a population over 500,000 may use the moneys collected
8under this Section for any anti-terrorism or emergency
9preparedness measures, including, but not limited to,
10preparedness planning, providing local matching funds for
11federal or State grants, personnel training, and specialized
12equipment, including surveillance cameras as needed to deal
13with natural and terrorist-inspired emergency situations or
14events.
15(Source: P.A. 95-698, eff. 1-1-08.)
 
16    (50 ILCS 751/70)
17    (Section scheduled to be repealed on July 1, 2014)
18    Sec. 70. Repealer. This Act is repealed on July 1, 2015
192014.
20(Source: P.A. 97-1163, eff. 2-4-13; 98-45, eff. 6-28-13.)
 
21    (50 ILCS 751/85)
22    (Section scheduled to be repealed on July 1, 2014)
23    Sec. 85. 9-1-1 Services Advisory Board.
24    (a) There is hereby created the 9-1-1 Services Advisory

 

 

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1Board. The Board shall work with the Commission to determine
2the 9-1-1 costs necessary for every 9-1-1 system to adequately
3function and shall submit, by May 1, 2014, recommendations on
4whether there is a need to consolidate 9-1-1 functions to the
5General Assembly. The Board shall consist of 18 11 members with
6one member each appointed by the Speaker of the House of
7Representatives, the Minority Leader of the House of
8Representatives, the President of the Senate, and the Minority
9Leader of the Senate, and with the remainder appointed by the
10Governor as follows:
11        (1) the Executive Director of the Illinois Commerce
12    Commission, or his or her designee;
13        (2) one member representing the Illinois chapter of the
14    National Emergency Number Association;
15        (3) one member representing the Illinois chapter of the
16    Association of Public-Safety Communications Officials;
17        (4) one member representing a county 9-1-1 system from
18    a county with a population of 50,000 or less;
19        (5) one member representing a county 9-1-1 system from
20    a county with a population between 50,000 and 250,000;
21        (6) one member representing a county 9-1-1 system from
22    a county with a population of 250,000 or more;
23        (7) one member representing an incumbent local
24    exchange 9-1-1 system provider;
25        (8) one member representing a non-incumbent local
26    exchange 9-1-1 system provider;

 

 

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1        (9) one member representing a large wireless carrier;
2        (10) one member representing a small wireless carrier;
3    and
4        (11) one member representing the Illinois
5    Telecommunications Association; .
6        (12) the Director of State Police, or his or her
7    designee;
8        (13) one member representing the Illinois Association
9    of Chiefs of Police; and
10        (14) one member representing the Illinois Sheriffs'
11    Association.
12    (b) The Board shall work with the Illinois Commerce
13Commission to submit, by April 1, 2015, to the General Assembly
14a plan for a statewide shared 9-1-1 network ("Statewide Next
15Generation 9-1-1") for all areas of the State outside of
16municipalities having a population of more than 500,000 to be
17governed by the Statewide 9-1-1 Administrator within the
18Department of State Police. The plan shall include, but not be
19limited to, recommendations as to the following:
20        (1) the structure of the statewide network;
21        (2) a plan and timeline for the transition to a
22    statewide network;
23        (3) consolidation of 9-1-1 systems and services;
24        (4) a plan for the implementation of the Statewide Next
25    Generation 9-1-1;
26        (5) a list of costs for which the moneys from the

 

 

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1    Wireless Service Emergency Fund should not be used;
2        (6) the costs necessary for the 9-1-1 systems to
3    adequately function;
4        (7) the adequate amount of the wireless surcharge in
5    order to support sufficient 9-1-1 services throughout the
6    State;
7        (8) a plan and timeline for the payment of past due
8    Wireless Carrier Reimbursement Fund invoices to wireless
9    carriers; and
10        (9) the proper division of responsibilities between
11    the Statewide 9-1-1 Administrator and the Illinois
12    Commerce Commission for the oversight of funding
13    distribution, technological standards, and system plan
14    authorizations, modifications and consolidations going
15    forward.
16    (c) The Board is abolished on July 1, 2015 2014.
17(Source: P.A. 98-45, eff. 6-28-13; 98-602, eff. 12-6-13.)
 
18    Section 20. The Prepaid Wireless 9-1-1 Surcharge Act is
19amended by changing Section 15 as follows:
 
20    (50 ILCS 753/15)
21    Sec. 15. Prepaid wireless 9-1-1 surcharge.
22    (a) There is hereby imposed on consumers a prepaid wireless
239-1-1 surcharge of 1.5% per retail transaction. The surcharge
24authorized by this subsection (a) does not apply in a home rule

 

 

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1municipality having a population in excess of 500,000. The
2amount of the surcharge may be reduced or increased pursuant to
3subsection (e).
4    (a-5) On or after the effective date of this amendatory Act
5of the 98th General Assembly and until July 1, 2015, a home
6rule municipality having a population in excess of 500,000 on
7the effective date of this amendatory Act may impose a prepaid
8wireless 9-1-1 surcharge not to exceed 9% per retail
9transaction sourced to that jurisdiction and collected and
10remitted in accordance with the provisions of subsection (b-5)
11of this Section. On or after July 1, 2015, a A home rule
12municipality having a population in excess of 500,000 on the
13effective date of this Act may only impose a prepaid wireless
149-1-1 surcharge not to exceed 7% per retail transaction sourced
15to that jurisdiction and collected and remitted in accordance
16with the provisions of subsection (b-5).
17    (b) The prepaid wireless 9-1-1 surcharge shall be collected
18by the seller from the consumer with respect to each retail
19transaction occurring in this State and shall be remitted to
20the Department by the seller as provided in this Act. The
21amount of the prepaid wireless 9-1-1 surcharge shall be
22separately stated as a distinct item apart from the charge for
23the prepaid wireless telecommunications service on an invoice,
24receipt, or other similar document that is provided to the
25consumer by the seller or shall be otherwise disclosed to the
26consumer. If the seller does not separately state the surcharge

 

 

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1as a distinct item to the consumer as provided in this Section,
2then the seller shall maintain books and records as required by
3this Act which clearly identify the amount of the 9-1-1
4surcharge for retail transactions.
5    For purposes of this subsection (b), a retail transaction
6occurs in this State if (i) the retail transaction is made in
7person by a consumer at the seller's business location and the
8business is located within the State; (ii) the seller is a
9provider and sells prepaid wireless telecommunications service
10to a consumer located in Illinois; (iii) the retail transaction
11is treated as occurring in this State for purposes of the
12Retailers' Occupation Tax Act; or (iv) a seller that is
13included within the definition of a "retailer maintaining a
14place of business in this State" under Section 2 of the Use Tax
15Act makes a sale of prepaid wireless telecommunications service
16to a consumer located in Illinois. In the case of a retail
17transaction which does not occur in person at a seller's
18business location, if a consumer uses a credit card to purchase
19prepaid wireless telecommunications service on-line or over
20the telephone, and no product is shipped to the consumer, the
21transaction occurs in this State if the billing address for the
22consumer's credit card is in this State.
23    (b-5) The prepaid wireless 9-1-1 surcharge imposed under
24subsection (a-5) of this Section shall be collected by the
25seller from the consumer with respect to each retail
26transaction occurring in the municipality imposing the

 

 

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1surcharge. The amount of the prepaid wireless 9-1-1 surcharge
2shall be separately stated on an invoice, receipt, or other
3similar document that is provided to the consumer by the seller
4or shall be otherwise disclosed to the consumer. If the seller
5does not separately state the surcharge as a distinct item to
6the consumer as provided in this Section, then the seller shall
7maintain books and records as required by this Act which
8clearly identify the amount of the 9-1-1 surcharge for retail
9transactions.
10    For purposes of this subsection (b-5), a retail transaction
11occurs in the municipality if (i) the retail transaction is
12made in person by a consumer at the seller's business location
13and the business is located within the municipality; (ii) the
14seller is a provider and sells prepaid wireless
15telecommunications service to a consumer located in the
16municipality; (iii) the retail transaction is treated as
17occurring in the municipality for purposes of the Retailers'
18Occupation Tax Act; or (iv) a seller that is included within
19the definition of a "retailer maintaining a place of business
20in this State" under Section 2 of the Use Tax Act makes a sale
21of prepaid wireless telecommunications service to a consumer
22located in the municipality. In the case of a retail
23transaction which does not occur in person at a seller's
24business location, if a consumer uses a credit card to purchase
25prepaid wireless telecommunications service on-line or over
26the telephone, and no product is shipped to the consumer, the

 

 

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1transaction occurs in the municipality if the billing address
2for the consumer's credit card is in the municipality.
3    (c) The prepaid wireless 9-1-1 surcharge is imposed on the
4consumer and not on any provider. The seller shall be liable to
5remit all prepaid wireless 9-1-1 surcharges that the seller
6collects from consumers as provided in Section 20, including
7all such surcharges that the seller is deemed to collect where
8the amount of the surcharge has not been separately stated on
9an invoice, receipt, or other similar document provided to the
10consumer by the seller. The surcharge collected or deemed
11collected by a seller shall constitute a debt owed by the
12seller to this State, and any such surcharge actually collected
13shall be held in trust for the benefit of the Department.
14    For purposes of this subsection (c), the surcharge shall
15not be imposed or collected from entities that have an active
16tax exemption identification number issued by the Department
17under Section 1g of the Retailers' Occupation Tax Act.
18    (d) The amount of the prepaid wireless 9-1-1 surcharge that
19is collected by a seller from a consumer, if such amount is
20separately stated on an invoice, receipt, or other similar
21document provided to the consumer by the seller, shall not be
22included in the base for measuring any tax, fee, surcharge, or
23other charge that is imposed by this State, any political
24subdivision of this State, or any intergovernmental agency.
25    (e) The prepaid wireless 9-1-1 charge imposed under
26subsection (a) of this Section shall be proportionately

 

 

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1increased or reduced, as applicable, upon any change to the
2surcharge imposed under Section 17 of the Wireless Emergency
3Telephone Safety Act. The adjusted rate shall be determined by
4dividing the amount of the surcharge imposed under Section 17
5of the Wireless Emergency Telephone Safety Act by $50. Such
6increase or reduction shall be effective on the first day of
7the first calendar month to occur at least 60 days after the
8enactment of the change to the surcharge imposed under Section
917 of the Wireless Emergency Telephone Safety Act. The
10Department shall provide not less than 30 days' notice of an
11increase or reduction in the amount of the surcharge on the
12Department's website.
13    (e-5) Any changes in the rate of the surcharge imposed by a
14municipality under the authority granted in subsection (a-5) of
15this Section shall be effective on the first day of the first
16calendar month to occur at least 60 days after the enactment of
17the change. The Department shall provide not less than 30 days'
18notice of the increase or reduction in the rate of such
19surcharge on the Department's website.
20    (f) When prepaid wireless telecommunications service is
21sold with one or more other products or services for a single,
22non-itemized price, then the percentage specified in
23subsection (a) or (a-5) of this Section 15 shall be applied to
24the entire non-itemized price unless the seller elects to apply
25the percentage to (i) the dollar amount of the prepaid wireless
26telecommunications service if that dollar amount is disclosed

 

 

HB2453 Enrolled- 32 -LRB098 10097 OMW 40256 b

1to the consumer or (ii) the portion of the price that is
2attributable to the prepaid wireless telecommunications
3service if the retailer can identify that portion by reasonable
4and verifiable standards from its books and records that are
5kept in the regular course of business for other purposes,
6including, but not limited to, books and records that are kept
7for non-tax purposes. However, if a minimal amount of prepaid
8wireless telecommunications service is sold with a prepaid
9wireless device for a single, non-itemized price, then the
10seller may elect not to apply the percentage specified in
11subsection (a) or (a-5) of this Section 15 to such transaction.
12For purposes of this subsection, an amount of service
13denominated as 10 minutes or less or $5 or less is considered
14minimal.
15(Source: P.A. 97-463, eff. 1-1-12; 97-748, eff. 7-6-12.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.