Rep. Camille Y. Lilly

Filed: 5/12/2014

 

 


 

 


 
09800HB4230ham001LRB098 15345 JLK 59388 a

1
AMENDMENT TO HOUSE BILL 4230

2    AMENDMENT NO. ______. Amend House Bill 4230 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Finance Act is amended by adding
5Section 5.855 as follows:
 
6    (30 ILCS 105/5.855 new)
7    Sec. 5.855. The Poison Response Fund.
 
8    Section 10. The Wireless Emergency Telephone Safety Act is
9amended by changing Sections 5, 10, 17, 20, 35, and 70 and by
10adding Sections 90 and 95 as follows:
 
11    (50 ILCS 751/5)
12    (Section scheduled to be repealed on July 1, 2014)
13    Sec. 5. Purpose. The General Assembly finds and declares it
14is in the public interest to promote the use of wireless 9-1-1

 

 

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1and wireless enhanced 9-1-1 (E9-1-1) service in order to save
2lives and protect the property of the citizens of the State of
3Illinois.
4    Wireless carriers are required by the Federal
5Communications Commission (FCC) to provide E9-1-1 service in
6the form of automatic location identification and automatic
7number identification pursuant to policies set forth by the
8FCC.
9    Public safety agencies and wireless carriers are
10encouraged to work together to provide emergency access to
11wireless 9-1-1 and wireless E9-1-1 service. Public safety
12agencies and wireless carriers operating wireless 9-1-1 and
13wireless E9-1-1 systems require adequate funding to recover the
14costs of designing, purchasing, installing, testing, and
15operating enhanced facilities, systems, and services necessary
16to comply with the wireless E9-1-1 requirements mandated by the
17Federal Communications Commission and to maximize the
18availability of wireless E9-1-1 services throughout the State
19of Illinois.
20    The revenues generated by the wireless carrier surcharge
21enacted by this Act are required to fund the efforts of the
22wireless carriers, emergency telephone system boards,
23qualified governmental entities, human poison control centers,
24and the Department of State Police to improve the public
25health, safety, and welfare and to serve a public purpose by
26providing emergency telephone assistance through wireless

 

 

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1communications.
2    It is the intent of the General Assembly to:
3        (1) establish and implement a cohesive statewide
4    emergency telephone number that will provide wireless
5    telephone users with rapid direct access to public safety
6    agencies by dialing the telephone number 9-1-1;
7        (2) encourage wireless carriers and public safety
8    agencies to provide E9-1-1 services that will assist public
9    safety agencies in determining the caller's approximate
10    location and wireless telephone number;
11        (3) grant authority to public safety agencies not
12    already in possession of the authority to finance the cost
13    of installing and operating wireless 9-1-1 systems and
14    reimbursing wireless carriers for costs incurred to
15    provide wireless E9-1-1 services; and
16        (3.5) provide rapid direct access to poison-related
17    information and advice from human poison control centers to
18    public safety agencies, health care providers, and the
19    general public; and
20        (4) provide for a reasonable fee on wireless telephone
21    service subscribers to accomplish these purposes and
22    provide for the enforcement and collection of such fees.
23(Source: P.A. 95-63, eff. 8-13-07.)
 
24    (50 ILCS 751/10)
25    (Section scheduled to be repealed on July 1, 2014)

 

 

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1    Sec. 10. Definitions. In this Act:
2    "Emergency telephone system board" means a board appointed
3by the corporate authorities of any county or municipality that
4provides for the management and operation of a 9-1-1 system
5within the scope of the duties and powers prescribed by the
6Emergency Telephone System Act.
7    "Human poison control center" shall have the meaning
8provided in Section 10 of the Poison Control System Act.
9Services provided by a human poison control center shall be
10provided as, and constitute, an enhancement to 9-1-1 services
11pursuant to 47 U.S.C. 615a-1(f)(1).
12    "Master street address guide" means the computerized
13geographical database that consists of all street and address
14data within a 9-1-1 system.
15    "Mobile telephone number" or "MTN" shall mean the telephone
16number assigned to a wireless telephone at the time of initial
17activation.
18    "Prepaid wireless telecommunications service" means
19wireless telecommunications service that allows a caller to
20dial 9-1-1 to access the 9-1-1 system, which service must be
21paid for in advance and is sold in predetermined units or
22dollars which the amount declines with use in a known amount.
23    "Public safety agency" means a functional division of a
24public agency that provides fire fighting, police, medical, or
25other emergency services. For the purpose of providing wireless
26service to users of 9-1-1 emergency services, as expressly

 

 

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1provided for in this Act, the Department of State Police may be
2considered a public safety agency.
3    "Qualified governmental entity" means a unit of local
4government authorized to provide 9-1-1 services pursuant to the
5Emergency Telephone System Act where no emergency telephone
6system board exists.
7    "Remit period" means the billing period, one month in
8duration, for which a wireless carrier remits a surcharge and
9provides subscriber information by zip code to the Illinois
10Commerce Commission, in accordance with Section 17 of this Act.
11    "Statewide wireless emergency 9-1-1 system" means all
12areas of the State where an emergency telephone system board
13or, in the absence of an emergency telephone system board, a
14qualified governmental entity has not declared its intention
15for one or more of its public safety answering points to serve
16as a primary wireless 9-1-1 public safety answering point for
17its jurisdiction. The operator of the statewide wireless
18emergency 9-1-1 system shall be the Department of State Police.
19    "Wireless carrier" means a provider of two-way cellular,
20broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
21Mobile Radio Service (CMRS), Wireless Communications Service
22(WCS), or other Commercial Mobile Radio Service (CMRS), as
23defined by the Federal Communications Commission, offering
24radio communications that may provide fixed, mobile, radio
25location, or satellite communication services to individuals
26or businesses within its assigned spectrum block and

 

 

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1geographical area or that offers real-time, two-way voice
2service that is interconnected with the public switched
3network, including a reseller of such service.
4    "Wireless enhanced 9-1-1" means the ability to relay the
5telephone number of the originator of a 9-1-1 call and location
6information from any mobile handset or text telephone device
7accessing the wireless system to the designated wireless public
8safety answering point as set forth in the order of the Federal
9Communications Commission, FCC Docket No. 94-102, adopted June
1012, 1996, with an effective date of October 1, 1996, and any
11subsequent amendment thereto.
12    "Wireless public safety answering point" means the
13functional division of an emergency telephone system board,
14qualified governmental entity, or the Department of State
15Police accepting wireless 9-1-1 calls.
16    "Wireless subscriber" means an individual or entity to whom
17a wireless service account or number has been assigned by a
18wireless carrier, other than an account or number associated
19with prepaid wireless telecommunication service.
20(Source: P.A. 97-463, eff. 1-1-12.)
 
21    (50 ILCS 751/17)
22    (Section scheduled to be repealed on July 1, 2014)
23    Sec. 17. Wireless carrier surcharge.
24    (a) Except as provided in Sections 45 and 80, each wireless
25carrier shall impose a monthly wireless carrier surcharge per

 

 

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1CMRS connection that either has a telephone number within an
2area code assigned to Illinois by the North American Numbering
3Plan Administrator or has a billing address in this State. No
4wireless carrier shall impose the surcharge authorized by this
5Section upon any subscriber who is subject to the surcharge
6imposed by a unit of local government pursuant to Section 45.
7Prior to January 1, 2008 (the effective date of Public Act
895-698), the surcharge amount shall be the amount set by the
9Wireless Enhanced 9-1-1 Board. Beginning on January 1, 2008
10(the effective date of Public Act 95-698), the monthly
11surcharge imposed under this Section shall be $0.73 per CMRS
12connection. The wireless carrier that provides wireless
13service to the subscriber shall collect the surcharge from the
14subscriber. For mobile telecommunications services provided on
15and after August 1, 2002, any surcharge imposed under this Act
16shall be imposed based upon the municipality or county that
17encompasses the customer's place of primary use as defined in
18the Mobile Telecommunications Sourcing Conformity Act. The
19surcharge shall be stated as a separate item on the
20subscriber's monthly bill. The wireless carrier shall begin
21collecting the surcharge on bills issued within 90 days after
22the Wireless Enhanced 9-1-1 Board sets the monthly wireless
23surcharge. State and local taxes shall not apply to the
24wireless carrier surcharge.
25    (b) Except as provided in Sections 45 and 80, a wireless
26carrier shall, within 45 days of collection, remit, either by

 

 

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1check or by electronic funds transfer, to the State Treasurer
2the amount of the wireless carrier surcharge collected from
3each subscriber. Of the amounts remitted under this subsection
4prior to January 1, 2008 (the effective date of Public Act
595-698), and for surcharges imposed before January 1, 2008 (the
6effective date of Public Act 95-698) but remitted after January
71, 2008, the State Treasurer shall deposit one-third into the
8Wireless Carrier Reimbursement Fund and two-thirds into the
9Wireless Service Emergency Fund. For surcharges collected and
10remitted on or after January 1, 2008 (the effective date of
11Public Act 95-698), $0.1475 per surcharge collected shall be
12deposited into the Wireless Carrier Reimbursement Fund, and
13$0.5825 per surcharge collected shall be deposited into the
14Wireless Service Emergency Fund. Of the amounts deposited into
15the Wireless Carrier Reimbursement Fund under this subsection,
16$0.01 per surcharge collected may be distributed to the
17carriers to cover their administrative costs. Of the amounts
18deposited into the Wireless Service Emergency Fund under this
19subsection, $0.01 per surcharge collected may be disbursed to
20the Illinois Commerce Commission to cover its administrative
21costs.
22    For surcharges collected and remitted from July 1, 2014
23through June 30, 2016, $0.07 per surcharge collected shall be
24deposited into the Wireless Carrier Reimbursement Fund, $0.615
25per surcharge collected shall be deposited into the Wireless
26Service Emergency Fund, $0.02 per surcharge collected shall be

 

 

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1deposited into the Wireless Service Emergency Fund and
2distributed on a pro-rata basis based on number of wireless
3subscribers to County Emergency Telephone System Boards in
4counties with a population under 100,000 according to the most
5recent census data, $0.015 per surcharge collected shall be
6deposited into the Poison Response Fund for distribution
7monthly to a human poison control center as defined in Section
810 of the Poison Control System Act, and $0.01 per surcharge
9collected shall be deposited into the Public Utility Fund to
10defray expenses incurred by the Illinois Commerce Commission
11related to the oversight and coordination of 9-1-1 systems,
12oversight of the Poison Response Fund, and public safety. Of
13the amounts deposited into the Wireless Carrier Reimbursement
14Fund under this subsection, $0.01 per surcharge collected may
15be distributed to the carriers to cover their administrative
16costs.
17    For surcharges collected and remitted from July 1, 2016
18through June 30, 2018, $0.03 per surcharge collected shall be
19deposited into the Wireless Carrier Reimbursement Fund,
20$0.6375 per surcharge collected shall be deposited into the
21Wireless Service Emergency Fund, $0.03 per surcharge collected
22shall be deposited into the Wireless Service Emergency Fund and
23distributed on a pro-rata basis based on number of wireless
24subscribers to County Emergency Telephone System Boards in
25counties with a population under 100,000 according to the most
26recent census data, and $0.0175 per surcharge collected shall

 

 

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1be deposited into the Poison Response Fund for distribution
2monthly to a human poison control center as defined in Section
310 of the Poison Control System Act, and $0.015 per surcharge
4collected shall be deposited into the Public Utility Fund to
5defray expenses incurred by the Illinois Commerce Commission
6related to the oversight and coordination of 9-1-1 systems,
7oversight of the Poison Response Fund, and public safety. Of
8the amounts deposited into the Wireless Carrier Reimbursement
9Fund under this subsection, $0.01 per surcharge collected may
10be distributed to the carriers to cover their administrative
11costs.
12    For surcharges collected and remitted on and after July 1,
132018, $0.01 per surcharge collected shall be deposited into the
14Wireless Carrier Reimbursement Fund to reimburse wireless
15carriers with fewer than 50,000 customers in Illinois,
16including all customers of carriers under common ownership,
17$0.655 per surcharge collected shall be deposited into the
18Wireless Service Emergency Fund, $0.03 per surcharge collected
19shall be deposited into the Wireless Service Emergency Fund and
20distributed on a pro-rata basis based on number of wireless
21subscribers to County Emergency Telephone System Boards in
22counties with a population under 100,000 according to the most
23recent census data, $0.02 per surcharge collected shall be
24deposited into the Poison Response Fund for distribution
25monthly to a human poison control center as defined in Section
2610 of the Poison Control System Act, and $0.015 per surcharge

 

 

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1collected shall be deposited into the Public Utility Fund to
2defray expenses incurred by the Illinois Commerce Commission
3related to the oversight and coordination of 9-1-1 systems,
4oversight of the Poison Response Fund, and other expenses
5related to public safety.
6    (c) The first such remittance by wireless carriers shall
7include the number of wireless subscribers by zip code, and the
89-digit zip code if currently being used or later implemented
9by the carrier, that shall be the means by which the Illinois
10Commerce Commission shall determine distributions from the
11Wireless Service Emergency Fund. This information shall be
12updated no less often than every year. Wireless carriers are
13not required to remit surcharge moneys that are billed to
14subscribers but not yet collected. Any carrier that fails to
15provide the zip code information required under this subsection
16(c) shall be subject to the penalty set forth in subsection (f)
17of this Section.
18    (d) Any funds collected under the Prepaid Wireless 9-1-1
19Surcharge Act shall be distributed using a prorated method
20based upon zip code information collected from post-paid
21wireless carriers under subsection (c) of this Section.
22    (e) If before midnight on the last day of the third
23calendar month after the closing date of the remit period a
24wireless carrier does not remit the surcharge or any portion
25thereof required under this Section, then the surcharge or
26portion thereof shall be deemed delinquent until paid in full,

 

 

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

 

 

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1        (2) an amount equal to the product of 1/2¢ and the
2    number of subscribers served by the wireless carrier. On
3    and after July 1, 2014, an amount equal to the product of
4    $0.01 and the number of subscribers served by the wireless
5    carrier.
6    A penalty imposed in accordance with this subsection (f)
7for a portion of a month during which the carrier pays the
8delinquent amount in full shall be prorated for each day of
9that month that the delinquent amount was paid in full. A
10penalty imposed and collected in accordance with this
11subsection (f) shall be deposited into the Wireless Service
12Emergency Fund. Any penalty imposed under this subsection (f)
13is in addition to any other penalty imposed under this Section.
14    (g) The Illinois Commerce Commission may enforce the
15collection of any delinquent amount and any penalty due and
16unpaid under this Section by legal action or in any other
17manner by which the collection of debts due the State of
18Illinois may be enforced under the laws of this State. The
19Executive Director of the Illinois Commerce Commission, or his
20or her designee, may excuse the payment of any penalty imposed
21under this Section if the Executive Director, or his or her
22designee, determines that the enforcement of this penalty is
23unjust.
24    (h) Notwithstanding any provision of law to the contrary,
25nothing shall impair the right of wireless carriers to recover
26compliance costs for all emergency communications services

 

 

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1that are not reimbursed out of the Wireless Carrier
2Reimbursement Fund directly from their wireless subscribers
3via line-item charges on the wireless subscriber's bill. Those
4compliance costs include all costs incurred by wireless
5carriers in complying with local, State, and federal regulatory
6or legislative mandates that require the transmission and
7receipt of emergency communications to and from the general
8public, including, but not limited to, E-911.
9    (i) The Auditor General shall conduct and present to the
10General Assembly, on an annual basis, an audit of the Wireless
11Service Emergency Fund, the Poison Response Fund, and the
12Wireless Carrier Reimbursement Fund for compliance with the
13requirements of this Act. The audit shall include, but not be
14limited to, the following determinations:
15        (1) Whether the Commission is maintaining detailed
16    records of all receipts and disbursements from the Wireless
17    Carrier Emergency Fund, the Poison Response Fund, and the
18    Wireless Carrier Reimbursement Fund.
19        (2) Whether the Commission's administrative costs
20    charged to the funds are adequately documented and are
21    reasonable.
22        (3) Whether the Commission's procedures for making
23    grants and providing reimbursements in accordance with the
24    Act are adequate.
25        (4) The status of the implementation of wireless 9-1-1
26    and E9-1-1 services in Illinois.

 

 

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1        (5) The status of human poison response services in
2    Illinois.
3    The Commission, the Department of State Police, and any
4other entity or person that may have information relevant to
5the audit shall cooperate fully and promptly with the Office of
6the Auditor General in conducting the audit. The Auditor
7General shall commence the audit as soon as possible and
8distribute the report upon completion in accordance with
9Section 3-14 of the Illinois State Auditing Act.
10    (j) The Illinois Commerce Commission shall create uniform
11accounting procedures that any entity that receives funds from
12the Wireless Service Emergency Fund must follow as a condition
13of receiving funds from the Wireless Service Emergency Fund.
14The Illinois Commerce Commission shall require an annual audit
15of total income and expenditures from any entity that receives
16funds from the Wireless Service Emergency Fund. An entity that
17receives funds from the Wireless Service Emergency Fund is
18responsible for any costs associated with the annual audit. The
19audit report shall require the inclusion of a copy of detailed
20financial statements of all revenue received by the entity,
21including but not limited to, local, State, federal, and
22private revenues, and any other funds received, and detailed
23expenditure reports for capital, operating, personnel, travel,
24technology, and any other expenditures related, directly or
25indirectly, to the operations of the entity. The Illinois
26Commerce Commission shall make the annual audit information

 

 

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1available to the public and publish the individual audit
2reports online. Within 12 months of the effective date of this
3amendatory Act of the 98th General Assembly, the Illinois
4Commerce Commission shall issue guidelines for the collection
5and reporting of financial statements for all entities
6receiving funds from the Wireless Service Emergency Fund and
7make recommendations to the General Assembly.
8    The Illinois Commerce Commission shall create uniform
9accounting procedures that any entity that receives funds from
10the Poison Response Fund must follow as a condition of
11receiving funds from the Poison Response Fund. The Illinois
12Commerce Commission shall require an annual audit of total
13income and expenditures related directly, or indirectly, to the
14operation of the human poison control center, from any entity
15that receives funds from the Poison Response Fund. The audit
16report shall require the inclusion of a copy of detailed
17financial statements of all revenue received for the operation
18of the human poison control center by an entity seeking funds
19from the Poison Response Fund, including, but not limited to,
20local, State, federal, and private revenues, and any other
21funds received, and detailed expenditure reports for capital,
22operating, personnel, travel, technology and any other
23expenditures related, directly or indirectly, to the
24operations of the human poison control center. The Illinois
25Commerce Commission shall make the annual audit information
26available to the public and publish the individual audit

 

 

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1reports online. Within 12 months of the effective date of this
2amendatory Act of the 98th General Assembly, the Illinois
3Commerce Commission shall issue guidelines for the collection
4and reporting of financial statements for any entity receiving
5funds from the Poison Response Fund and make recommendations to
6the General Assembly.
7    Monthly proportional grants of funds to an authorized
8entity under Section 25 of this Act will be made only in
9accordance with this Section and Section 25 of this Act.
10    (1) Failure by an emergency telephone system board or
11qualified governmental entity to file the 9-1-1 system
12financial report as required under this Section will result in
13the suspension of payment and withholding by the Commission of
14monthly proportional grants otherwise due the emergency
15telephone system board or qualified governmental entity under
16Section 25 of this Act until the report is filed by the
17emergency telephone system board or qualified governmental
18entity.
19    (2) Any monthly proportional grants that have been withheld
20for 12 months or more shall be forfeited by the emergency
21telephone system board or qualified governmental entity and may
22be distributed proportionally to compliant emergency telephone
23system boards and qualified governmental entities.
24    (3) The Commission, acting through its Executive Director
25or his or her designee, may in his discretion waive any
26requirement of this Section for good cause shown.

 

 

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1(Source: P.A. 97-463, eff. 1-1-12.)
 
2    (50 ILCS 751/20)
3    (Section scheduled to be repealed on July 1, 2014)
4    Sec. 20. Wireless Service Emergency Fund; uses. The
5Wireless Service Emergency Fund is created as a special fund in
6the State treasury. Subject to appropriation, moneys in the
7Wireless Service Emergency Fund may only be used for grants for
8emergency telephone system boards, qualified government
9entities, or the Department of State Police. These grants may
10be used only for the design, implementation, operation,
11maintenance, or upgrade of wireless 9-1-1 or E9-1-1 emergency
12services and public safety answering points, and for no other
13purposes.
14    The moneys received by the Department of State Police from
15the Wireless Service Emergency Fund, in any year, may be used
16for any costs relating to the leasing, modification, or
17maintenance of any building or facility used to house personnel
18or equipment associated with the operation of wireless 9-1-1 or
19wireless E9-1-1 emergency services, to ensure service in those
20areas where service is not otherwise provided.
21    Moneys received by a emergency telephone system board or
22qualified governmental entity under this Act shall pay for the
23costs directly attributable to 9-1-1 call delivery, 9-1-1 call
24taking, and 9-1-1 call dispatch. Such moneys may not be used to
25pay for any of the following purposes:

 

 

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1        (1) Personnel costs of law enforcement, fire,
2    emergency medical services and emergency responders,
3    emergency management staff, or shared support or technical
4    staff, except for portions of time of 9-1-1 staff directly
5    attributable to 9-1-1 call delivery, 9-1-1 call taking, or
6    9-1-1 call dispatch.
7        (2) Facility and capital costs of law enforcement,
8    fire, emergency medical services, emergency management, or
9    other municipal facilities, except for that portion of such
10    facilities housing a 9-1-1 call center.
11        (3) Training for staff not directly involved in 9-1-1
12    call delivery, 9-1-1 call taking, or 9-1-1 call dispatch,
13    or for any staff training on courses not directly
14    attributable to 9-1-1 call delivery, 9-1-1 call taking, or
15    9-1-1 call dispatch.
16        (4) Memberships for staff not involved directly in
17    9-1-1 call delivery, 9-1-1 call taking, or 9-1-1 call
18    dispatch, or for associations with a primary purpose other
19    than public safety communications.
20        (5) Hardware, software, connectivity, and
21    non-emergency N-1-1 systems or outbound notifications
22    systems not attributable to 9-1-1 call delivery, 9-1-1 call
23    taking, or 9-1-1 call dispatch. For purposes of this
24    paragraph (5), "N-1-1 systems" means a telephone number
25    ending in "1-1", other than 9-1-1, used to designate a
26    non-emergency information or access telephone system.

 

 

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1        (6) Vehicle costs, including, but not limited to, costs
2    for fleet vehicles, pool cars, mileage reimbursement, and
3    for vehicle costs for law enforcement, fire or emergency
4    medical service responders, such as patrol cars, fire
5    apparatus, and ambulances.
6        (7) Professional services not directly attributable to
7    9-1-1 call delivery, 9-1-1 call taking, or 9-1-1 call
8    dispatch.
9        (8) Public information and education expenses not
10    directly attributable to 9-1-1 call delivery, 9-1-1 call
11    taking, or 9-1-1 call dispatch.
12        (9) Any other costs the Illinois Commerce Commission
13    deems by rule unallowable.
14    Moneys from the Wireless Service Emergency Fund may not be
15used to pay for or recover any costs associated with public
16safety agency equipment or personnel dispatched in response to
17wireless 9-1-1 or wireless E9-1-1 emergency calls.
18(Source: P.A. 91-660, eff. 12-22-99.)
 
19    (50 ILCS 751/35)
20    (Section scheduled to be repealed on July 1, 2014)
21    Sec. 35. Wireless Carrier Reimbursement Fund;
22reimbursement.
23    (a) To recover costs from the Wireless Carrier
24Reimbursement Fund, the wireless carrier shall submit sworn
25invoices to the Illinois Commerce Commission. In no event may

 

 

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1any invoice for payment be approved for (i) costs that are not
2related to compliance with the requirements established by the
3wireless enhanced 9-1-1 mandates of the Federal Communications
4Commission, or (ii) costs with respect to any wireless enhanced
59-1-1 service that is not operable at the time the invoice is
6submitted, or (iii) costs in excess of the sum of (A) the
7carrier's balance, as determined under subsection (e) of this
8Section, plus (B) 100% of the surcharge remitted to the
9Wireless Carrier Reimbursement Fund by the wireless carrier
10under Section 17(b) since the last annual review of the balance
11in the Wireless Carrier Reimbursement Fund under subsection (e)
12of this Section, less reimbursements paid to the carrier out of
13the Wireless Carrier Reimbursement Fund since the last annual
14review of the balance under subsection (e) of this Section,
15unless the wireless carrier received prior approval for the
16expenditures from the Illinois Commerce Commission.
17    (a-1) Invoices submitted by wireless carriers before
18January 1, 2014 in accordance with subsection (a) of this
19Section that have not been previously approved for payment and
20paid in full by the Illinois Commerce Commission per the
21Commission's approval, shall be paid quarterly commencing on
22the fifteenth day of the calendar month which is 90 days after
23the effective date of this amendatory Act of the 98th General
24Assembly, using funds then in the Wireless Carrier
25Reimbursement Fund, to the extent available. If, in any
26quarter, the total amount of invoices submitted to the Illinois

 

 

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1Commerce Commission in accordance with this subsection and
2approved for payment exceeds the amount available in the
3Wireless Carrier Reimbursement Fund, wireless carriers that
4have any such invoices approved for payment shall receive a
5pro-rata share of the amount available in the Wireless Carrier
6Reimbursement Fund based on the relative amount of their
7approved invoices available that quarter, and the balance of
8the payments shall be carried forward into the following
9quarters until all of the approved payments are made. Within 90
10days from the effective date of this amendatory Act of the 98th
11General Assembly, the Illinois Commerce Commission shall
12submit a voucher or vouchers to the Illinois State Comptroller
13in accordance with the requirements of this subsection.
14    (a-2) In addition to the requirements in subsection (a) of
15this Section, in no event may any invoice for payment submitted
16on and after January 1, 2014 be approved for costs in excess of
17the sum of: (1) the carrier's balance, as determined under
18subsection (e) of this Section, plus (2) 100% of the surcharge
19remitted to the Wireless Carrier Reimbursement Fund by the
20wireless carrier under Section 17(b) of this Act since the last
21annual review of the balance in the Wireless Carrier
22Reimbursement Fund under subsection (e) of this Section, less
23(3) reimbursements paid to the carrier out of the Wireless
24Carrier Reimbursement Fund since the last annual review of the
25balance under subsection (e) of this Section. On and after July
261, 2018, wireless carriers with less than 50,000 customers,

 

 

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1including all customers of companies under common ownership,
2are eligible for full reimbursement subject to the limitations
3of subsection (a-1) of this Section.
4    (b) If in any quarter month the total amount of invoices
5submitted to the Illinois Commerce Commission in accordance
6with subsection (a-2) and approved for payment exceeds the
7amount available in the Wireless Carrier Reimbursement Fund,
8wireless carriers that have invoices approved for payment shall
9receive a pro-rata share of the amount available in the
10Wireless Carrier Reimbursement Fund based on the relative
11amount of their approved invoices available that quarter month,
12and the balance of the payments shall be carried forward into
13the following quarters 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) and, as applicable, subsection (a-2)
9    of this Section;
10        (2) the administrative costs associated with the Fund
11    for the 24 months prior to June 30; and
12        (3) the prorated portion of any other adjustments made
13    to the Fund in the 24 months prior to June 30.
14    After making the calculation required under this
15subsection (e), each carrier's available balance for purposes
16of reimbursements must be adjusted using the same calculation.
17    (f) The Illinois Commerce Commission shall adopt rules to
18govern the reimbursement process.
19    (g) On January 1, 2008 (the effective date of Public Act
2095-698), or as soon thereafter as practical, the State
21Comptroller shall order transferred and the State Treasurer
22shall transfer the sum of $8,000,000 from the Wireless Carrier
23Reimbursement Fund to the Wireless Service Emergency Fund. That
24amount shall be used by the Illinois Commerce Commission to
25make grants in the manner described in Section 25 of this Act.
26(Source: P.A. 95-63, eff. 8-13-07; 95-698, eff. 1-1-08; 95-876,

 

 

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1eff. 8-21-08.)
 
2    (50 ILCS 751/70)
3    (Section scheduled to be repealed on July 1, 2014)
4    Sec. 70. Repealer. This Act is repealed on July 1, 2018
52014.
6(Source: P.A. 97-1163, eff. 2-4-13; 98-45, eff. 6-28-13.)
 
7    (50 ILCS 751/90 new)
8    Sec. 90. Poison Response Fund. The Poison Response Fund is
9created as a special fund in the State treasury. Subject to
10appropriation, moneys in the Poison Response Fund may only be
11used as described in subsection (b) of Section 17 of this Act.
 
12    (50 ILCS 751/95 new)
13    Sec. 95. Fund sweeps. Notwithstanding any provision of law
14to the contrary, the Wireless Carrier Reimbursement Fund is not
15subject to sweeps, administrative charge-backs, or any other
16fiscal or budgetary maneuver that would in any way transfer any
17amount from that Fund into any other fund of the State with the
18exception of the Wireless Services Emergency Fund. The Illinois
19Commerce Commission shall remain obligated to comply with the
20requirements of subsection (b) of Section 35 of the Wireless
21Emergency Telephone Safety Act, and transfers to the Wireless
22Services Emergency Fund pursuant thereto shall not be deemed to
23be sweeps, administrative charge-backs, or other fiscal or

 

 

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1budgetary maneuvers as otherwise prohibited by this Section.
 
2    Section 15. The Public Utilities Act is amended by changing
3Sections 13-900, 13-900.1, 13-900.3, and 13-1200 as follows:
 
4    (220 ILCS 5/13-900)
5    (Section scheduled to be repealed on July 1, 2015)
6    Sec. 13-900. Authority to serve as 9-1-1 system provider;
7rules.
8    (a) The General Assembly finds that it is necessary to
9require the certification of 9-1-1 system providers to ensure
10the safety of the lives and property of Illinoisans and
11Illinois businesses, and to otherwise protect and promote the
12public safety, health, and welfare of the citizens of this
13State and their property.
14    (b) For purposes of this Section:
15        "9-1-1 system" has the same meaning as that term is
16    defined in Section 2.19 of the Emergency Telephone System
17    Act.
18        "9-1-1 system provider" means any person, corporation,
19    limited liability company, partnership, sole
20    proprietorship, or entity of any description whatever that
21    acts as a system provider within the meaning of Section
22    2.18 of the Emergency Telephone System Act.
23        "Emergency Telephone System Board" has the same
24    meaning as that term is defined in Sections 2.11 and 15.4

 

 

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1    of the Emergency Telephone System Act.
2        "Public safety agency personnel" means personnel
3    employed by a public safety agency, as that term is defined
4    in Section 2.02 of the Emergency Telephone System Act,
5    whose responsibilities include responding to requests for
6    emergency services.
7    (c) Except as otherwise provided in this Section, beginning
8July 1, 2010, it is unlawful for any 9-1-1 system provider to
9offer or provide or seek to offer or provide to any emergency
10telephone system board or 9-1-1 system, or agent,
11representative, or designee thereof, any network and database
12service used or intended to be used by any emergency telephone
13system board or 9-1-1 system for the purpose of answering,
14transferring, or relaying requests for emergency services, or
15dispatching public safety agency personnel in response to
16requests for emergency services, unless the 9-1-1 system
17provider has applied for and received a Certificate of 9-1-1
18System Provider Authority from the Commission. The Commission
19shall approve an application for a Certificate of 9-1-1 System
20Provider Authority upon a showing by the applicant, and a
21finding by the Commission, after notice and hearing, that the
22applicant possesses sufficient technical, financial, and
23managerial resources and abilities to provide network service
24and database services that it seeks authority to provide in its
25application for service authority, in a safe, continuous, and
26uninterrupted manner.

 

 

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1    (d) No incumbent local exchange carrier that provides, as
2of the effective date of this amendatory Act of the 96th
3General Assembly, any 9-1-1 network and 9-1-1 database service
4used or intended to be used by any Emergency Telephone System
5Board or 9-1-1 system, shall be required to obtain a
6Certificate of 9-1-1 System Provider Authority under this
7Section. No entity that possesses, as of the effective date of
8this amendatory Act of the 96th General Assembly, a Certificate
9of Service Authority and provides 9-1-1 network and 9-1-1
10database services to any incumbent local exchange carrier as of
11the effective date of this amendatory Act of the 96th General
12Assembly shall be required to obtain a Certificate of 9-1-1
13System Provider Authority under this Section.
14    (e) Any and all enforcement authority granted to the
15Commission under this Section shall apply exclusively to 9-1-1
16system providers granted a Certificate of Service Authority
17under this Section and shall not apply to incumbent local
18exchange carriers that are providing 9-1-1 service as of the
19effective date of this amendatory Act of the 96th General
20Assembly.
21    (f) This Section is repealed on July 1, 2016.
22(Source: P.A. 96-25, eff. 6-30-09.)
 
23    (220 ILCS 5/13-900.1)
24    (Section scheduled to be repealed on July 1, 2015)
25    Sec. 13-900.1. Authority over 9-1-1 rates and terms of

 

 

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1service. Notwithstanding any other provision of this Article,
2the Commission retains its full authority over the rates and
3service quality as they apply to 9-1-1 system providers,
4including the Commission's existing authority over
5interconnection with 9-1-1 system providers and 9-1-1 systems.
6The rates, terms, and conditions for 9-1-1 service shall be
7tariffed and shall be provided in the manner prescribed by this
8Act and shall be subject to the applicable laws, including
9rules or regulations adopted and orders issued by the
10Commission or the Federal Communications Commission. The
11Commission retains this full authority regardless of the
12technologies utilized or deployed by 9-1-1 system providers.
13    This Section is repealed on July 1, 2016.
14(Source: P.A. 96-927, eff. 6-15-10; 97-333, eff. 8-12-11.)
 
15    (220 ILCS 5/13-900.3)
16    (Section scheduled to be repealed on July 1, 2015)
17    Sec. 13-900.3. Regulatory flexibility for 9-1-1 system
18providers.
19    (a) For purposes of this Section, "Regional Pilot Project"
20to implement next generation 9-1-1 has the same meaning as that
21term is defined in Section 2.22 of the Emergency Telephone
22System Act.
23    (b) For the limited purpose of a Regional Pilot Project to
24implement next generation 9-1-1, as defined in Section 13-900
25of this Article, the Commission may forbear from applying any

 

 

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1rule or provision of Section 13-900 as it applies to
2implementation of the Regional Pilot Project to implement next
3generation 9-1-1 if the Commission determines, after notice and
4hearing, that: (1) enforcement of the rule is not necessary to
5ensure the development and improvement of emergency
6communication procedures and facilities in such a manner as to
7be able to quickly respond to any person requesting 9-1-1
8services from police, fire, medical, rescue, and other
9emergency services; (2) enforcement of the rule or provision is
10not necessary for the protection of consumers; and (3)
11forbearance from applying such provisions or rules is
12consistent with the public interest. The Commission may
13exercise such forbearance with respect to one, and only one,
14Regional Pilot Project as authorized by Sections 10 and 11 of
15the Emergency Telephone Systems Act to implement next
16generation 9-1-1.
17    (c) This Section is repealed on July 1, 2016.
18(Source: P.A. 96-1443, eff. 8-20-10; 97-333, eff. 8-12-11.)
 
19    (220 ILCS 5/13-1200)
20    (Section scheduled to be repealed on July 1, 2015)
21    Sec. 13-1200. Repealer. This Article, except for Sections
2213-900, 13-900.1, and 13-900.3, is repealed July 1, 2015.
23(Source: P.A. 98-45, eff. 6-28-13.)
 
24    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.".