Sen. John J. Cullerton

Filed: 5/29/2014

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2453

2    AMENDMENT NO. ______. Amend House Bill 2453, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Department of State Police Law of the Civil
6Administrative Code of Illinois is amended by changing Section
72605-25 as follows:
 
8    (20 ILCS 2605/2605-25)  (was 20 ILCS 2605/55a-1)
9    Sec. 2605-25. Department divisions. The Department is
10divided into the Illinois State Police Academy and 4 divisions:
11the Division of Operations, the Division of Forensic Services,
12the Division of Administration, and the Division of Internal
13Investigation. Beginning on July, 1, 2015, there shall be the
14Division of the Statewide 9-1-1 Administrator within the
15Department of State Police to develop, implement, and oversee a
16uniform statewide 9-1-1 system for all areas of the State

 

 

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1outside of municipalities having a population of more than
2500,000.
3(Source: P.A. 90-130, eff. 1-1-98; 91-239, eff. 1-1-00; 91-760,
4eff. 1-1-01.)
 
5    Section 10. The Emergency Telephone System Act is amended
6by changing Section 15.3 as follows:
 
7    (50 ILCS 750/15.3)  (from Ch. 134, par. 45.3)
8    Sec. 15.3. Surcharge.
9    (a) The corporate authorities of any municipality or any
10county may, subject to the limitations of subsections (c), (d),
11and (h), and in addition to any tax levied pursuant to the
12Simplified Municipal Telecommunications Tax Act, impose a
13monthly surcharge on billed subscribers of network connection
14provided by telecommunication carriers engaged in the business
15of transmitting messages by means of electricity originating
16within the corporate limits of the municipality or county
17imposing the surcharge at a rate per network connection
18determined in accordance with subsection (c), however the
19monthly surcharge shall not apply to a network connection
20provided for use with pay telephone services. Provided,
21however, that where multiple voice grade communications
22channels are connected between the subscriber's premises and a
23public switched network through private branch exchange (PBX)
24or centrex type service, a municipality imposing a surcharge at

 

 

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1a rate per network connection, as determined in accordance with
2this Act, shall impose:
3        (i) in a municipality with a population of 500,000 or
4    less or in any county, 5 such surcharges per network
5    connection, as determined in accordance with subsections
6    (a) and (d) of Section 2.12 of this Act, for both regular
7    service and advanced service provisioned trunk lines;
8        (ii) in a municipality with a population, prior to
9    March 1, 2010, of 500,000 or more, 5 surcharges per network
10    connection, as determined in accordance with subsections
11    (a) and (d) of Section 2.12 of this Act, for both regular
12    service and advanced service provisioned trunk lines;
13        (iii) in a municipality with a population, as of March
14    1, 2010, of 500,000 or more, 5 surcharges per network
15    connection, as determined in accordance with subsections
16    (a) and (d) of Section 2.12 of this Act, for regular
17    service provisioned trunk lines, and 12 surcharges per
18    network connection, as determined in accordance with
19    subsections (a) and (d) of Section 2.12 of this Act, for
20    advanced service provisioned trunk lines, except where an
21    advanced service provisioned trunk line supports at least 2
22    but fewer than 23 simultaneous voice grade calls ("VGC's"),
23    a telecommunication carrier may elect to impose fewer than
24    12 surcharges per trunk line as provided in subsection (iv)
25    of this Section; or
26        (iv) for an advanced service provisioned trunk line

 

 

 

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

 

 

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1intended to remove possible ambiguity, thereby confirming the
2intent of paragraph (a) as it existed prior to and following
3the effective date of this amendatory Act of the 97th General
4Assembly.
5    For mobile telecommunications services, if a surcharge is
6imposed it shall be imposed based upon the municipality or
7county that encompasses the customer's place of primary use as
8defined in the Mobile Telecommunications Sourcing Conformity
9Act. A municipality may enter into an intergovernmental
10agreement with any county in which it is partially located,
11when the county has adopted an ordinance to impose a surcharge
12as provided in subsection (c), to include that portion of the
13municipality lying outside the county in that county's
14surcharge referendum. If the county's surcharge referendum is
15approved, the portion of the municipality identified in the
16intergovernmental agreement shall automatically be
17disconnected from the county in which it lies and connected to
18the county which approved the referendum for purposes of a
19surcharge on telecommunications carriers.
20    (b) For purposes of computing the surcharge imposed by
21subsection (a), the network connections to which the surcharge
22shall apply shall be those in-service network connections,
23other than those network connections assigned to the
24municipality or county, where the service address for each such
25network connection or connections is located within the
26corporate limits of the municipality or county levying the

 

 

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1surcharge. Except for mobile telecommunication services, the
2"service address" shall mean the location of the primary use of
3the network connection or connections. For mobile
4telecommunication services, "service address" means the
5customer's place of primary use as defined in the Mobile
6Telecommunications Sourcing Conformity Act.
7    (c) Upon the passage of an ordinance to impose a surcharge
8under this Section the clerk of the municipality or county
9shall certify the question of whether the surcharge may be
10imposed to the proper election authority who shall submit the
11public question to the electors of the municipality or county
12in accordance with the general election law; provided that such
13question shall not be submitted at a consolidated primary
14election. The public question shall be in substantially the
15following form:
16-------------------------------------------------------------
17    Shall the county (or city, village
18or incorporated town) of ..... impose          YES
19a surcharge of up to ... per month per
20network connection, which surcharge will
21be added to the monthly bill you receive   ------------------
22for telephone or telecommunications
23charges, for the purpose of installing
24(or improving) a 9-1-1 Emergency               NO
25Telephone System?
26-------------------------------------------------------------

 

 

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1    If a majority of the votes cast upon the public question
2are in favor thereof, the surcharge shall be imposed.
3    However, if a Joint Emergency Telephone System Board is to
4be created pursuant to an intergovernmental agreement under
5Section 15.4, the ordinance to impose the surcharge shall be
6subject to the approval of a majority of the total number of
7votes cast upon the public question by the electors of all of
8the municipalities or counties, or combination thereof, that
9are parties to the intergovernmental agreement.
10    The referendum requirement of this subsection (c) shall not
11apply to any municipality with a population over 500,000 or to
12any county in which a proposition as to whether a sophisticated
139-1-1 Emergency Telephone System should be installed in the
14county, at a cost not to exceed a specified monthly amount per
15network connection, has previously been approved by a majority
16of the electors of the county voting on the proposition at an
17election conducted before the effective date of this amendatory
18Act of 1987.
19    (d) A county may not impose a surcharge, unless requested
20by a municipality, in any incorporated area which has
21previously approved a surcharge as provided in subsection (c)
22or in any incorporated area where the corporate authorities of
23the municipality have previously entered into a binding
24contract or letter of intent with a telecommunications carrier
25to provide sophisticated 9-1-1 service through municipal
26funds.

 

 

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1    (e) A municipality or county may at any time by ordinance
2change the rate of the surcharge imposed under this Section if
3the new rate does not exceed the rate specified in the
4referendum held pursuant to subsection (c).
5    (f) The surcharge authorized by this Section shall be
6collected from the subscriber by the telecommunications
7carrier providing the subscriber the network connection as a
8separately stated item on the subscriber's bill.
9    (g) The amount of surcharge collected by the
10telecommunications carrier shall be paid to the particular
11municipality or county or Joint Emergency Telephone System
12Board not later than 30 days after the surcharge is collected,
13net of any network or other 9-1-1 or sophisticated 9-1-1 system
14charges then due the particular telecommunications carrier, as
15shown on an itemized bill. The telecommunications carrier
16collecting the surcharge shall also be entitled to deduct 3% of
17the gross amount of surcharge collected to reimburse the
18telecommunications carrier for the expense of accounting and
19collecting the surcharge.
20    (h) Except as expressly provided in subsection (a) of this
21Section, on or after the effective date of this amendatory Act
22of the 98th General Assembly and until July 1, 2015, a
23municipality with a population of 500,000 or more shall not
24impose a monthly surcharge per network connection in excess of
25the highest monthly surcharge imposed as of January 1, 2014 by
26any county or municipality under subsection (c) of this

 

 

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1Section. On or after July 1, 2015, a municipality with a
2population over 500,000 may not impose a monthly surcharge in
3excess of $2.50 per network connection.
4    (i) Any municipality or county or joint emergency telephone
5system board that has imposed a surcharge pursuant to this
6Section prior to the effective date of this amendatory Act of
71990 shall hereafter impose the surcharge in accordance with
8subsection (b) of this Section.
9    (j) The corporate authorities of any municipality or county
10may issue, in accordance with Illinois law, bonds, notes or
11other obligations secured in whole or in part by the proceeds
12of the surcharge described in this Section. Notwithstanding any
13change in law subsequent to the issuance of any bonds, notes or
14other obligations secured by the surcharge, every municipality
15or county issuing such bonds, notes or other obligations shall
16be authorized to impose the surcharge as though the laws
17relating to the imposition of the surcharge in effect at the
18time of issuance of the bonds, notes or other obligations were
19in full force and effect until the bonds, notes or other
20obligations are paid in full. The State of Illinois pledges and
21agrees that it will not limit or alter the rights and powers
22vested in municipalities and counties by this Section to impose
23the surcharge so as to impair the terms of or affect the
24security for bonds, notes or other obligations secured in whole
25or in part with the proceeds of the surcharge described in this
26Section.

 

 

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1    (k) Any surcharge collected by or imposed on a
2telecommunications carrier pursuant to this Section shall be
3held to be a special fund in trust for the municipality, county
4or Joint Emergency Telephone Board imposing the surcharge.
5Except for the 3% deduction provided in subsection (g) above,
6the special fund shall not be subject to the claims of
7creditors of the telecommunication carrier.
8(Source: P.A. 97-463, eff. 8-19-11.)
 
9    Section 15. The Wireless Emergency Telephone Safety Act is
10amended by changing Sections 17, 35, 45, 70, and 85 and by
11adding Section 27 as follows:
 
12    (50 ILCS 751/17)
13    (Section scheduled to be repealed on July 1, 2014)
14    Sec. 17. Wireless carrier surcharge.
15    (a) Except as provided in Sections 45 and 80, each wireless
16carrier shall impose a monthly wireless carrier surcharge per
17CMRS connection that either has a telephone number within an
18area code assigned to Illinois by the North American Numbering
19Plan Administrator or has a billing address in this State. No
20wireless carrier shall impose the surcharge authorized by this
21Section upon any subscriber who is subject to the surcharge
22imposed by a unit of local government pursuant to Section 45.
23Prior to January 1, 2008 (the effective date of Public Act
2495-698), the surcharge amount shall be the amount set by the

 

 

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1Wireless Enhanced 9-1-1 Board. Beginning on January 1, 2008
2(the effective date of Public Act 95-698), the monthly
3surcharge imposed under this Section shall be $0.73 per CMRS
4connection. The wireless carrier that provides wireless
5service to the subscriber shall collect the surcharge from the
6subscriber. For mobile telecommunications services provided on
7and after August 1, 2002, any surcharge imposed under this Act
8shall be imposed based upon the municipality or county that
9encompasses the customer's place of primary use as defined in
10the Mobile Telecommunications Sourcing Conformity Act. The
11surcharge shall be stated as a separate item on the
12subscriber's monthly bill. The wireless carrier shall begin
13collecting the surcharge on bills issued within 90 days after
14the Wireless Enhanced 9-1-1 Board sets the monthly wireless
15surcharge. State and local taxes shall not apply to the
16wireless carrier surcharge.
17    (b) Except as provided in Sections 45 and 80, a wireless
18carrier shall, within 45 days of collection, remit, either by
19check or by electronic funds transfer, to the State Treasurer
20the amount of the wireless carrier surcharge collected from
21each subscriber. Of the amounts remitted under this subsection
22prior to January 1, 2008 (the effective date of Public Act
2395-698), and for surcharges imposed before January 1, 2008 (the
24effective date of Public Act 95-698) but remitted after January
251, 2008, the State Treasurer shall deposit one-third into the
26Wireless Carrier Reimbursement Fund and two-thirds into the

 

 

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1Wireless Service Emergency Fund. For surcharges collected and
2remitted on or after January 1, 2008 (the effective date of
3Public Act 95-698), $0.1475 per surcharge collected shall be
4deposited into the Wireless Carrier Reimbursement Fund, and
5$0.5825 per surcharge collected shall be deposited into the
6Wireless Service Emergency Fund. For surcharges collected and
7remitted on or after July 1, 2014, $0.05 per surcharge
8collected shall be deposited in the Wireless Carrier
9Reimbursement Fund, $0.66 per surcharge shall be deposited in
10to the Wireless Service Emergency Fund, and $0.02 per surcharge
11collected shall be deposited into in the Wireless Service
12Emergency Fund and distributed in equal amounts to County
13Emergency System Telephone Boards in counties with a population
14under 100,000 according to the most recent census data. Of the
15amounts deposited into the Wireless Carrier Reimbursement Fund
16under this subsection, $0.01 per surcharge collected may be
17distributed to the carriers to cover their administrative
18costs. Of the amounts deposited into the Wireless Service
19Emergency Fund under this subsection, $0.01 per surcharge
20collected may be disbursed to the Illinois Commerce Commission
21to cover its administrative costs.
22    (c) The first such remittance by wireless carriers shall
23include the number of wireless subscribers by zip code, and the
249-digit zip code if currently being used or later implemented
25by the carrier, that shall be the means by which the Illinois
26Commerce Commission shall determine distributions from the

 

 

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1Wireless Service Emergency Fund. This information shall be
2updated no less often than every year. Wireless carriers are
3not required to remit surcharge moneys that are billed to
4subscribers but not yet collected. Any carrier that fails to
5provide the zip code information required under this subsection
6(c) shall be subject to the penalty set forth in subsection (f)
7of this Section.
8    (d) Any funds collected under the Prepaid Wireless 9-1-1
9Surcharge Act shall be distributed using a prorated method
10based upon zip code information collected from post-paid
11wireless carriers under subsection (c) of this Section.
12    (e) If before midnight on the last day of the third
13calendar month after the closing date of the remit period a
14wireless carrier does not remit the surcharge or any portion
15thereof required under this Section, then the surcharge or
16portion thereof shall be deemed delinquent until paid in full,
17and the Illinois Commerce Commission may impose a penalty
18against the carrier in an amount equal to the greater of:
19        (1) $25 for each month or portion of a month from the
20    time an amount becomes delinquent until the amount is paid
21    in full; or
22        (2) an amount equal to the product of 1% and the sum of
23    all delinquent amounts for each month or portion of a month
24    that the delinquent amounts remain unpaid.
25    A penalty imposed in accordance with this subsection (e)
26for a portion of a month during which the carrier provides the

 

 

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1number of subscribers by zip code as required under subsection
2(c) of this Section shall be prorated for each day of that
3month during which the carrier had not provided the number of
4subscribers by zip code as required under subsection (c) of
5this Section. Any penalty imposed under this subsection (e) is
6in addition to the amount of the delinquency and is in addition
7to any other penalty imposed under this Section.
8    (f) If, before midnight on the last day of the third
9calendar month after the closing date of the remit period, a
10wireless carrier does not provide the number of subscribers by
11zip code as required under subsection (c) of this Section, then
12the report is deemed delinquent and the Illinois Commerce
13Commission may impose a penalty against the carrier in an
14amount equal to the greater of:
15        (1) $25 for each month or portion of a month that the
16    report is delinquent; or
17        (2) an amount equal to the product of 1/2 and the
18    number of subscribers served by the wireless carrier. On
19    and after July 1, 2014, an amount equal to the product of
20    $0.01 and the number of subscribers served by the wireless
21    carrier.
22    A penalty imposed in accordance with this subsection (f)
23for a portion of a month during which the carrier pays the
24delinquent amount in full shall be prorated for each day of
25that month that the delinquent amount was paid in full. A
26penalty imposed and collected in accordance with subsection (e)

 

 

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

 

 

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1an audit of the Wireless Service Emergency Fund and the
2Wireless Carrier Reimbursement Fund for compliance with the
3requirements of this Act. The audit shall include, but not be
4limited to, the following determinations:
5        (1) Whether the Commission is maintaining detailed
6    records of all receipts and disbursements from the Wireless
7    Carrier Emergency Fund and the Wireless Carrier
8    Reimbursement Fund.
9        (2) Whether the Commission's administrative costs
10    charged to the funds are adequately documented and are
11    reasonable.
12        (3) Whether the Commission's procedures for making
13    grants and providing reimbursements in accordance with the
14    Act are adequate.
15        (4) The status of the implementation of wireless 9-1-1
16    and E9-1-1 services in Illinois.
17    The Commission, the Department of State Police, and any
18other entity or person that may have information relevant to
19the audit shall cooperate fully and promptly with the Office of
20the Auditor General in conducting the audit. The Auditor
21General shall commence the audit as soon as possible and
22distribute the report upon completion in accordance with
23Section 3-14 of the Illinois State Auditing Act.
24(Source: P.A. 97-463, eff. 1-1-12.)
 
25    (50 ILCS 751/27 new)

 

 

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1    Sec. 27. Financial reports.
2    (a) The Illinois Commerce Commission shall create uniform
3accounting procedures, with such modification as may be
4required to give effect to statutory provisions applicable only
5to municipalities with a population in excess of 500,000, that
6any emergency telephone system board, qualified governmental
7entity, or unit of local government described in Section 15 of
8this Act and Section 15.4 of the Emergency Telephone System Act
9or any entity imposing a wireless surcharge pursuant to Section
1045 of this Act must follow.
11    (b) By October 1, 2014, each emergency telephone system
12board, qualified governmental entity, or unit of local
13government described in Section 15 of this Act and Section 15.4
14of the Emergency Telephone System Act or any entity imposing a
15wireless surcharge pursuant to Section 45 of this Act shall
16report to the Illinois Commerce Commission audited financial
17statements showing total revenue and expenditures for each of
18the last two of its fiscal years in a form and manner as
19prescribed by the Illinois Commerce Commission's Manager of
20Accounting. Such financial information shall include:
21        (1) a detailed summary of revenue from all sources
22    including, but not limited to, local, State, federal, and
23    private revenues, and any other funds received;
24        (2) operating expenses, capital expenditures, and cash
25    balances; and
26        (3) such other financial information that is relevant

 

 

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1    to the provision of 9-1-1 services as determined by the
2    Illinois Commerce Commission's Manager of Accounting.
3    The emergency telephone system board, qualified
4governmental entity, or unit of local government is responsible
5for any costs associated with auditing such financial
6statements. The Illinois Commerce Commission shall post the
7audited financial statements on the Commission's website.
8    (c) By January 31, 2016 and each year thereafter, each
9emergency telephone system board, qualified governmental
10entity, or unit of local government described in Section 15 of
11this Act and Section 15.4 of the Emergency Telephone System Act
12or any entity imposing a wireless surcharge pursuant to Section
1345 of this Act shall report to the Illinois Commerce Commission
14audited annual financial statements showing total revenue and
15expenditures in a form and manner as prescribed by the Illinois
16Commerce Commission's Manager of Accounting.
17    The emergency telephone system board, qualified
18governmental entity, or unit of local government is responsible
19for any costs associated with auditing such financial
20statements.
21    The Illinois Commerce Commission shall post each entity's
22individual audited annual financial statements on the
23Commission's website.
24    (d) If an emergency telephone system board or qualified
25governmental entity that receives funds from the Wireless
26Service Emergency Fund fails to file the 9-1-1 system financial

 

 

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1reports as required under this Section, the Illinois Commerce
2Commission shall suspend and withhold monthly grants otherwise
3due to the emergency telephone system board or qualified
4governmental entity under Section 25 of this Act until the
5report is filed.
6    Any monthly grants that have been withheld for 12 months or
7more shall be forfeited by the emergency telephone system board
8or qualified governmental entity and shall be distributed
9proportionally by the Illinois Commerce Commission to
10compliant emergency telephone system boards and qualified
11governmental entities that receive funds from the Wireless
12Service Emergency Fund.
13    (e) The Illinois Commerce Commission may adopt emergency
14rules necessary to carry out the provisions of this Section.
 
15    (50 ILCS 751/35)
16    (Section scheduled to be repealed on July 1, 2014)
17    Sec. 35. Wireless Carrier Reimbursement Fund;
18reimbursement.
19    (a) To recover costs from the Wireless Carrier
20Reimbursement Fund, the wireless carrier shall submit sworn
21invoices to the Illinois Commerce Commission. In no event may
22any invoice for payment be approved for (i) costs that are not
23related to compliance with the requirements established by the
24wireless enhanced 9-1-1 mandates of the Federal Communications
25Commission, or (ii) costs with respect to any wireless enhanced

 

 

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19-1-1 service that is not operable at the time the invoice is
2submitted, or (iii) costs in excess of the sum of (A) the
3carrier's balance, as determined under subsection (e) of this
4Section, plus (B) 100% of the surcharge remitted to the
5Wireless Carrier Reimbursement Fund by the wireless carrier
6under Section 17(b) since the last annual review of the balance
7in the Wireless Carrier Reimbursement Fund under subsection (e)
8of this Section, less reimbursements paid to the carrier out of
9the Wireless Carrier Reimbursement Fund since the last annual
10review of the balance under subsection (e) of this Section,
11unless the wireless carrier received prior approval for the
12expenditures from the Illinois Commerce Commission.
13    (b) If in any month the total amount of invoices submitted
14to the Illinois Commerce Commission and approved for payment
15exceeds the amount available in the Wireless Carrier
16Reimbursement Fund, wireless carriers that have invoices
17approved for payment shall receive a pro-rata share of the
18amount available in the Wireless Carrier Reimbursement Fund
19based on the relative amount of their approved invoices
20available that month, and the balance of the payments shall be
21carried into the following months until all of the approved
22payments are made.
23    (c) A wireless carrier may not receive payment from the
24Wireless Carrier Reimbursement Fund for its costs of providing
25wireless enhanced 9-1-1 services in an area when a unit of
26local government or emergency telephone system board provides

 

 

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1wireless 9-1-1 services in that area and was imposing and
2collecting a wireless carrier surcharge prior to July 1, 1998.
3    (d) The Illinois Commerce Commission shall maintain
4detailed records of all receipts and disbursements and shall
5provide an annual accounting of all receipts and disbursements
6to the Auditor General.
7    (e) The Illinois Commerce Commission must annually review
8the balance in the Wireless Carrier Reimbursement Fund as of
9June 30 of each year and shall direct the Comptroller to
10transfer into the Wireless Services Emergency Fund for
11distribution in accordance with Section 25 of this Act any
12amount in excess of the amount of deposits into the Fund for
13the 24 months prior to June 30 less:
14        (1) the amount of paid and payables received by June 30
15    for the 24 months prior to June 30 as determined eligible
16    under subsection (a) of this Section;
17        (2) the administrative costs associated with the Fund
18    for the 24 months prior to June 30; and
19        (3) the prorated portion of any other adjustments made
20    to the Fund in the 24 months prior to June 30.
21    After making the calculation required under this
22subsection (e), each carrier's available balance for purposes
23of reimbursements must be adjusted using the same calculation.
24    (f) The Illinois Commerce Commission shall adopt rules to
25govern the reimbursement process.
26    (g) On January 1, 2008 (the effective date of Public Act

 

 

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195-698), or as soon thereafter as practical, the State
2Comptroller shall order transferred and the State Treasurer
3shall transfer the sum of $8,000,000 from the Wireless Carrier
4Reimbursement Fund to the Wireless Service Emergency Fund. That
5amount shall be used by the Illinois Commerce Commission to
6make grants in the manner described in Section 25 of this Act.
7(Source: P.A. 95-63, eff. 8-13-07; 95-698, eff. 1-1-08; 95-876,
8eff. 8-21-08.)
 
9    (50 ILCS 751/45)
10    (Section scheduled to be repealed on July 1, 2014)
11    Sec. 45. Continuation of current practices.
12    (a) Notwithstanding any other provision of this Act, a unit
13of local government or emergency telephone system board
14providing wireless 9-1-1 service and imposing and collecting a
15wireless carrier surcharge prior to July 1, 1998 may continue
16its practices of imposing and collecting its wireless carrier
17surcharge, but, except as provided in subsection (b) of this
18Section, in no event shall that monthly surcharge exceed $2.50
19per commercial mobile radio service (CMRS) connection or
20in-service telephone number billed on a monthly basis. For
21mobile telecommunications services provided on and after
22August 1, 2002, any surcharge imposed shall be imposed based
23upon the municipality or county that encompasses the customer's
24place of primary use as defined in the Mobile
25Telecommunications Sourcing Conformity Act.

 

 

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1    (b) On or after the effective date of this amendatory Act
2of the 98th General Assembly and until July 1, 2015, the
3corporate authorities of a municipality with a population in
4excess of 500,000 on the effective date of this amendatory Act
5may by ordinance impose and collect a monthly surcharge per
6commercial mobile radio service (CMRS) connection or
7in-service telephone number billed on a monthly basis that does
8not exceed the highest monthly surcharge imposed as of January
91, 2014 by any county or municipality under subsection (c) of
10Section 15.3 of the Emergency Telephone System Act. On or after
11July 1, 2015, the municipality may continue imposing and
12collecting its wireless carrier surcharge as provided in and
13subject to the limitations of subsection (a) of this Section.
14    (c) In addition to any other lawful purpose, a municipality
15with a population over 500,000 may use the moneys collected
16under this Section for any anti-terrorism or emergency
17preparedness measures, including, but not limited to,
18preparedness planning, providing local matching funds for
19federal or State grants, personnel training, and specialized
20equipment, including surveillance cameras as needed to deal
21with natural and terrorist-inspired emergency situations or
22events.
23(Source: P.A. 95-698, eff. 1-1-08.)
 
24    (50 ILCS 751/70)
25    (Section scheduled to be repealed on July 1, 2014)

 

 

09800HB2453sam002- 24 -LRB098 10097 JLK 60399 a

1    Sec. 70. Repealer. This Act is repealed on July 1, 2015
22014.
3(Source: P.A. 97-1163, eff. 2-4-13; 98-45, eff. 6-28-13.)
 
4    (50 ILCS 751/85)
5    (Section scheduled to be repealed on July 1, 2014)
6    Sec. 85. 9-1-1 Services Advisory Board.
7    (a) There is hereby created the 9-1-1 Services Advisory
8Board. The Board shall work with the Commission to determine
9the 9-1-1 costs necessary for every 9-1-1 system to adequately
10function and shall submit, by May 1, 2014, recommendations on
11whether there is a need to consolidate 9-1-1 functions to the
12General Assembly. The Board shall consist of 16 11 members with
13one member each appointed by the Speaker of the House of
14Representatives, the Minority Leader of the House of
15Representatives, the President of the Senate, and the Minority
16Leader of the Senate, and with the remainder appointed by the
17Governor as follows:
18        (1) the Executive Director of the Illinois Commerce
19    Commission, or his or her designee;
20        (2) one member representing the Illinois chapter of the
21    National Emergency Number Association;
22        (3) one member representing the Illinois chapter of the
23    Association of Public-Safety Communications Officials;
24        (4) one member representing a county 9-1-1 system from
25    a county with a population of 50,000 or less;

 

 

09800HB2453sam002- 25 -LRB098 10097 JLK 60399 a

1        (5) one member representing a county 9-1-1 system from
2    a county with a population between 50,000 and 250,000;
3        (6) one member representing a county 9-1-1 system from
4    a county with a population of 250,000 or more;
5        (7) one member representing an incumbent local
6    exchange 9-1-1 system provider;
7        (8) one member representing a non-incumbent local
8    exchange 9-1-1 system provider;
9        (9) one member representing a large wireless carrier;
10        (10) one member representing a small wireless carrier;
11    and
12        (11) one member representing the Illinois
13    Telecommunications Association.
14        (12) the Director of State Police, or his or her
15    designee.
16    (b) The Board shall work with the Illinois Commerce
17Commission to submit, by April 1, 2015, to the General Assembly
18a plan for a statewide shared 9-1-1 network ("Statewide Next
19Generation 9-1-1") for all areas of the State outside of
20municipalities having a population of more than 500,000 to be
21governed by the Statewide 9-1-1 Administrator within the
22Department of State Police. The plan shall include, but not be
23limited to, recommendations as to the following:
24        (1) the structure of the statewide network;
25        (2) a plan and timeline for the transition to a
26    statewide network;

 

 

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1        (3) consolidation of 9-1-1 systems and services;
2        (4) a plan for the implementation of the Statewide Next
3    Generation 9-1-1;
4        (5) a list of costs for which the moneys from the
5    Wireless Service Emergency Fund should not be used;
6        (6) the costs necessary for the 9-1-1 systems to
7    adequately function;
8        (7) the adequate amount of the wireless surcharge in
9    order to support sufficient 9-1-1 services throughout the
10    State;
11        (8) a plan and timeline for the payment of past due
12    Wireless Carrier Reimbursement Fund invoices to wireless
13    carriers; and
14        (9) the proper division of responsibilities between
15    the Statewide 9-1-1 Administrator and the Illinois
16    Commerce Commission for the oversight of funding
17    distribution, technological standards, and system plan
18    authorizations, modifications and consolidations going
19    forward.
20    (c) The Board is abolished on July 1, 2015 2014.
21(Source: P.A. 98-45, eff. 6-28-13; 98-602, eff. 12-6-13.)
 
22    Section 20. The Prepaid Wireless 9-1-1 Surcharge Act is
23amended by changing Section 15 as follows:
 
24    (50 ILCS 753/15)

 

 

09800HB2453sam002- 27 -LRB098 10097 JLK 60399 a

1    Sec. 15. Prepaid wireless 9-1-1 surcharge.
2    (a) There is hereby imposed on consumers a prepaid wireless
39-1-1 surcharge of 1.5% per retail transaction. The surcharge
4authorized by this subsection (a) does not apply in a home rule
5municipality having a population in excess of 500,000. The
6amount of the surcharge may be reduced or increased pursuant to
7subsection (e).
8    (a-5) On or after the effective date of this amendatory Act
9of the 98th General Assembly and until July 1, 2015, a home
10rule municipality having a population in excess of 500,000 on
11the effective date of this amendatory Act may impose a prepaid
12wireless 9-1-1 surcharge not to exceed 9% per retail
13transaction sourced to that jurisdiction and collected and
14remitted in accordance with the provisions of subsection (b-5)
15of this Section. On or after July 1, 2015, a A home rule
16municipality having a population in excess of 500,000 on the
17effective date of this Act may only impose a prepaid wireless
189-1-1 surcharge not to exceed 7% per retail transaction sourced
19to that jurisdiction and collected and remitted in accordance
20with the provisions of subsection (b-5).
21    (b) The prepaid wireless 9-1-1 surcharge shall be collected
22by the seller from the consumer with respect to each retail
23transaction occurring in this State and shall be remitted to
24the Department by the seller as provided in this Act. The
25amount of the prepaid wireless 9-1-1 surcharge shall be
26separately stated as a distinct item apart from the charge for

 

 

09800HB2453sam002- 28 -LRB098 10097 JLK 60399 a

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

 

 

09800HB2453sam002- 29 -LRB098 10097 JLK 60399 a

1    (b-5) The prepaid wireless 9-1-1 surcharge imposed under
2subsection (a-5) of this Section shall be collected by the
3seller from the consumer with respect to each retail
4transaction occurring in the municipality imposing the
5surcharge. The amount of the prepaid wireless 9-1-1 surcharge
6shall be separately stated on an invoice, receipt, or other
7similar document that is provided to the consumer by the seller
8or shall be otherwise disclosed to the consumer. If the seller
9does not separately state the surcharge as a distinct item to
10the consumer as provided in this Section, then the seller shall
11maintain books and records as required by this Act which
12clearly identify the amount of the 9-1-1 surcharge for retail
13transactions.
14    For purposes of this subsection (b-5), a retail transaction
15occurs in the municipality if (i) the retail transaction is
16made in person by a consumer at the seller's business location
17and the business is located within the municipality; (ii) the
18seller is a provider and sells prepaid wireless
19telecommunications service to a consumer located in the
20municipality; (iii) the retail transaction is treated as
21occurring in the municipality for purposes of the Retailers'
22Occupation Tax Act; or (iv) a seller that is included within
23the definition of a "retailer maintaining a place of business
24in this State" under Section 2 of the Use Tax Act makes a sale
25of prepaid wireless telecommunications service to a consumer
26located in the municipality. In the case of a retail

 

 

09800HB2453sam002- 30 -LRB098 10097 JLK 60399 a

1transaction which does not occur in person at a seller's
2business location, if a consumer uses a credit card to purchase
3prepaid wireless telecommunications service on-line or over
4the telephone, and no product is shipped to the consumer, the
5transaction occurs in the municipality if the billing address
6for the consumer's credit card is in the municipality.
7    (c) The prepaid wireless 9-1-1 surcharge is imposed on the
8consumer and not on any provider. The seller shall be liable to
9remit all prepaid wireless 9-1-1 surcharges that the seller
10collects from consumers as provided in Section 20, including
11all such surcharges that the seller is deemed to collect where
12the amount of the surcharge has not been separately stated on
13an invoice, receipt, or other similar document provided to the
14consumer by the seller. The surcharge collected or deemed
15collected by a seller shall constitute a debt owed by the
16seller to this State, and any such surcharge actually collected
17shall be held in trust for the benefit of the Department.
18    For purposes of this subsection (c), the surcharge shall
19not be imposed or collected from entities that have an active
20tax exemption identification number issued by the Department
21under Section 1g of the Retailers' Occupation Tax Act.
22    (d) The amount of the prepaid wireless 9-1-1 surcharge that
23is collected by a seller from a consumer, if such amount is
24separately stated on an invoice, receipt, or other similar
25document provided to the consumer by the seller, shall not be
26included in the base for measuring any tax, fee, surcharge, or

 

 

09800HB2453sam002- 31 -LRB098 10097 JLK 60399 a

1other charge that is imposed by this State, any political
2subdivision of this State, or any intergovernmental agency.
3    (e) The prepaid wireless 9-1-1 charge imposed under
4subsection (a) of this Section shall be proportionately
5increased or reduced, as applicable, upon any change to the
6surcharge imposed under Section 17 of the Wireless Emergency
7Telephone Safety Act. The adjusted rate shall be determined by
8dividing the amount of the surcharge imposed under Section 17
9of the Wireless Emergency Telephone Safety Act by $50. Such
10increase or reduction shall be effective on the first day of
11the first calendar month to occur at least 60 days after the
12enactment of the change to the surcharge imposed under Section
1317 of the Wireless Emergency Telephone Safety Act. The
14Department shall provide not less than 30 days' notice of an
15increase or reduction in the amount of the surcharge on the
16Department's website.
17    (e-5) Any changes in the rate of the surcharge imposed by a
18municipality under the authority granted in subsection (a-5) of
19this Section shall be effective on the first day of the first
20calendar month to occur at least 60 days after the enactment of
21the change. The Department shall provide not less than 30 days'
22notice of the increase or reduction in the rate of such
23surcharge on the Department's website.
24    (f) When prepaid wireless telecommunications service is
25sold with one or more other products or services for a single,
26non-itemized price, then the percentage specified in

 

 

09800HB2453sam002- 32 -LRB098 10097 JLK 60399 a

1subsection (a) or (a-5) of this Section 15 shall be applied to
2the entire non-itemized price unless the seller elects to apply
3the percentage to (i) the dollar amount of the prepaid wireless
4telecommunications service if that dollar amount is disclosed
5to the consumer or (ii) the portion of the price that is
6attributable to the prepaid wireless telecommunications
7service if the retailer can identify that portion by reasonable
8and verifiable standards from its books and records that are
9kept in the regular course of business for other purposes,
10including, but not limited to, books and records that are kept
11for non-tax purposes. However, if a minimal amount of prepaid
12wireless telecommunications service is sold with a prepaid
13wireless device for a single, non-itemized price, then the
14seller may elect not to apply the percentage specified in
15subsection (a) or (a-5) of this Section 15 to such transaction.
16For purposes of this subsection, an amount of service
17denominated as 10 minutes or less or $5 or less is considered
18minimal.
19(Source: P.A. 97-463, eff. 1-1-12; 97-748, eff. 7-6-12.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".