Illinois General Assembly - Full Text of SB2031
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Full Text of SB2031  95th General Assembly



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1     AN ACT concerning local government.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Emergency Telephone System Act is amended by
5 changing Sections 15.3 and 15.4 as follows:
6     (50 ILCS 750/15.3)  (from Ch. 134, par. 45.3)
7     Sec. 15.3. Surcharge.
8     (a) The corporate authorities of any municipality or any
9 county may, subject to the limitations of subsections (c), (d),
10 and (h), and in addition to any tax levied pursuant to the
11 Simplified Municipal Telecommunications Tax Act, impose a
12 monthly surcharge on billed subscribers of network connection
13 provided by telecommunication carriers engaged in the business
14 of transmitting messages by means of electricity originating
15 within the corporate limits of the municipality or county
16 imposing the surcharge at a rate per network connection
17 determined in accordance with subsection (c), however the
18 monthly surcharge shall not apply to a network connection
19 provided for use with pay telephone services. Provided,
20 however, that where multiple voice grade communications
21 channels are connected between the subscriber's premises and a
22 public switched network through private branch exchange (PBX)
23 or centrex type service, a municipality imposing a surcharge at



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1 a rate per network connection, as determined in accordance with
2 this Act, shall impose 5 such surcharges per network
3 connection, as determined in accordance with subsections (a)
4 and (d) of Section 2.12 of this Act. For mobile
5 telecommunications services, if a surcharge is imposed it shall
6 be imposed based upon the municipality or county that
7 encompasses the customer's place of primary use as defined in
8 the Mobile Telecommunications Sourcing Conformity Act. A
9 municipality may enter into an intergovernmental agreement
10 with any county in which it is partially located, when the
11 county has adopted an ordinance to impose a surcharge as
12 provided in subsection (c), to include that portion of the
13 municipality lying outside the county in that county's
14 surcharge referendum. If the county's surcharge referendum is
15 approved, the portion of the municipality identified in the
16 intergovernmental agreement shall automatically be
17 disconnected from the county in which it lies and connected to
18 the county which approved the referendum for purposes of a
19 surcharge on telecommunications carriers.
20     (b) For purposes of computing the surcharge imposed by
21 subsection (a), the network connections to which the surcharge
22 shall apply shall be those in-service network connections,
23 other than those network connections assigned to the
24 municipality or county, where the service address for each such
25 network connection or connections is located within the
26 corporate limits of the municipality or county levying the



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



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1 for telephone or telecommunications
2 charges, for the purpose of installing
3 (or improving) a 9-1-1 Emergency               NO
4 Telephone System?
5 -------------------------------------------------------------
6     If a majority of the votes cast upon the public question
7 are in favor thereof, the surcharge shall be imposed.
8     However, if a Joint Emergency Telephone System Board is to
9 be created pursuant to an intergovernmental agreement under
10 Section 15.4, the ordinance to impose the surcharge shall be
11 subject to the approval of a majority of the total number of
12 votes cast upon the public question by the electors of all of
13 the municipalities or counties, or combination thereof, that
14 are parties to the intergovernmental agreement.
15     The referendum requirement of this subsection (c) shall not
16 apply to any municipality with a population over 500,000 or to
17 any county in which a proposition as to whether a sophisticated
18 9-1-1 Emergency Telephone System should be installed in the
19 county, at a cost not to exceed a specified monthly amount per
20 network connection, has previously been approved by a majority
21 of the electors of the county voting on the proposition at an
22 election conducted before the effective date of this amendatory
23 Act of 1987.
24     (d) A county may not impose a surcharge, unless requested
25 by a municipality, in any incorporated area which has
26 previously approved a surcharge as provided in subsection (c)



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1 or in any incorporated area where the corporate authorities of
2 the municipality have previously entered into a binding
3 contract or letter of intent with a telecommunications carrier
4 to provide sophisticated 9-1-1 service through municipal
5 funds.
6     (e) A municipality or county may at any time by ordinance
7 change the rate of the surcharge imposed under this Section if
8 the new rate does not exceed the rate specified in the
9 referendum held pursuant to subsection (c).
10     (f) The surcharge authorized by this Section shall be
11 collected from the subscriber by the telecommunications
12 carrier providing the subscriber the network connection as a
13 separately stated item on the subscriber's bill.
14     (g) The amount of surcharge collected by the
15 telecommunications carrier shall be paid to the particular
16 municipality or county or Joint Emergency Telephone System
17 Board not later than 30 days after the surcharge is collected,
18 net of any network or other 9-1-1 or sophisticated 9-1-1 system
19 charges then due the particular telecommunications carrier, as
20 shown on an itemized bill. The telecommunications carrier
21 collecting the surcharge shall also be entitled to deduct 3% of
22 the gross amount of surcharge collected to reimburse the
23 telecommunications carrier for the expense of accounting and
24 collecting the surcharge.
25     (h) Except as expressly provided in subsection (a) of this
26 Section, a municipality with a population over 500,000 may not



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1 impose a monthly surcharge in excess of $2.50 per network
2 connection.
3     (i) Any municipality or county or joint emergency telephone
4 system board that has imposed a surcharge pursuant to this
5 Section prior to the effective date of this amendatory Act of
6 1990 shall hereafter impose the surcharge in accordance with
7 subsection (b) of this Section.
8     (j) The corporate authorities of any municipality or county
9 may issue, in accordance with Illinois law, bonds, notes or
10 other obligations secured in whole or in part by the proceeds
11 of the surcharge described in this Section. Notwithstanding any
12 change in law subsequent to the issuance of any bonds, notes or
13 other obligations secured by the surcharge, every municipality
14 or county issuing such bonds, notes or other obligations shall
15 be authorized to impose the surcharge as though the laws
16 relating to the imposition of the surcharge in effect at the
17 time of issuance of the bonds, notes or other obligations were
18 in full force and effect until the bonds, notes or other
19 obligations are paid in full. The State of Illinois pledges and
20 agrees that it will not limit or alter the rights and powers
21 vested in municipalities and counties by this Section to impose
22 the surcharge so as to impair the terms of or affect the
23 security for bonds, notes or other obligations secured in whole
24 or in part with the proceeds of the surcharge described in this
25 Section.
26     (k) Any surcharge collected by or imposed on a



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1 telecommunications carrier pursuant to this Section shall be
2 held to be a special fund in trust for the municipality, county
3 or Joint Emergency Telephone Board imposing the surcharge.
4 Except for the 3% deduction provided in subsection (g) above,
5 the special fund shall not be subject to the claims of
6 creditors of the telecommunication carrier.
7 (Source: P.A. 95-331, eff. 8-21-07; 95-698, eff. 1-1-08.)
8     (50 ILCS 750/15.4)  (from Ch. 134, par. 45.4)
9     Sec. 15.4. Emergency Telephone System Board; powers.
10     (a) The corporate authorities of any county or municipality
11 that imposes a surcharge under Section 15.3 shall establish an
12 Emergency Telephone System Board. The corporate authorities
13 shall provide for the manner of appointment and the number of
14 members of the Board, provided that the board shall consist of
15 not fewer than 5 members, one of whom must be a public member
16 who is a resident of the local exchange service territory
17 included in the 9-1-1 coverage area, one of whom (in counties
18 with a population less than 100,000) must be a member of the
19 county board, and at least 3 of whom shall be representative of
20 the 9-1-1 public safety agencies, including but not limited to
21 police departments, fire departments, emergency medical
22 services providers, and emergency services and disaster
23 agencies, and appointed on the basis of their ability or
24 experience. In counties with a population of more than 100,000
25 but less than 2,000,000, a member of the county board may serve



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1 on the Emergency Telephone System Board. Elected officials are
2 also eligible to serve on the board. Members of the board shall
3 serve without compensation but shall be reimbursed for their
4 actual and necessary expenses. Any 2 or more municipalities,
5 counties, or combination thereof, that impose a surcharge under
6 Section 15.3 may, instead of establishing individual boards,
7 establish by intergovernmental agreement a Joint Emergency
8 Telephone System Board pursuant to this Section. The manner of
9 appointment of such a joint board shall be prescribed in the
10 agreement.
11     (b) The powers and duties of the board shall be defined by
12 ordinance of the municipality or county, or by
13 intergovernmental agreement in the case of a joint board. The
14 powers and duties shall include, but need not be limited to the
15 following:
16         (1) Planning a 9-1-1 system.
17         (2) Coordinating and supervising the implementation,
18     upgrading, or maintenance of the system, including the
19     establishment of equipment specifications and coding
20     systems.
21         (3) Receiving moneys from the surcharge imposed under
22     Section 15.3, and from any other source, for deposit into
23     the Emergency Telephone System Fund.
24         (4) Authorizing all disbursements from the fund.
25         (5) Hiring any staff necessary for the implementation
26     or upgrade of the system.



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1     (c) All moneys received by a board pursuant to a surcharge
2 imposed under Section 15.3 shall be deposited into a separate
3 interest-bearing Emergency Telephone System Fund account. The
4 treasurer of the municipality or county that has established
5 the board or, in the case of a joint board, any municipal or
6 county treasurer designated in the intergovernmental
7 agreement, shall be custodian of the fund. All interest
8 accruing on the fund shall remain in the fund. No expenditures
9 may be made from such fund except upon the direction of the
10 board by resolution passed by a majority of all members of the
11 board. Expenditures may be made only to pay for the costs
12 associated with the following:
13         (1) The design of the Emergency Telephone System.
14         (2) The coding of an initial Master Street Address
15     Guide data base, and update and maintenance thereof.
16         (3) The repayment of any moneys advanced for the
17     implementation of the system.
18         (4) The charges for Automatic Number Identification
19     and Automatic Location Identification equipment, a
20     computer aided dispatch system that records, maintains,
21     and integrates information, mobile data transmitters
22     equipped with automatic vehicle locators, and maintenance,
23     replacement and update thereof to increase operational
24     efficiency and improve the provision of emergency
25     services.
26         (5) The non-recurring charges related to installation



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1     of the Emergency Telephone System and the ongoing network
2     charges.
3         (6) The acquisition and installation, or the
4     reimbursement of costs therefor to other governmental
5     bodies that have incurred those costs, of road or street
6     signs that are essential to the implementation of the
7     emergency telephone system and that are not duplicative of
8     signs that are the responsibility of the jurisdiction
9     charged with maintaining road and street signs.
10         (7) Other products and services necessary for the
11     implementation, upgrade, and maintenance of the system and
12     any other purpose related to the operation of the system,
13     including costs attributable directly to the construction,
14     leasing, or maintenance of any buildings or facilities or
15     costs of personnel attributable directly to the operation
16     of the system. Costs attributable directly to the operation
17     of an emergency telephone system do not include the costs
18     of public safety agency personnel who are and equipment
19     that is dispatched in response to an emergency call.
20         (8) In the case of a municipality that imposes a
21     surcharge under subsection (h) of Section 15.3, moneys may
22     also be used for any anti-terrorism or emergency
23     preparedness measures, including, but not limited to,
24     preparedness planning, providing local matching funds for
25     federal or State grants, personnel training, and
26     specialized equipment, including surveillance cameras as



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1     needed to deal with natural and terrorist-inspired
2     emergency situations or events.
3     Moneys in the fund may also be transferred to a
4 participating fire protection district to reimburse volunteer
5 firefighters who man remote telephone switching facilities
6 when dedicated 9-1-1 lines are down.
7     (d) The board shall complete the data base before
8 implementation of the 9-1-1 system. The error ratio of the data
9 base shall not at any time exceed 1% of the total data base.
10 (Source: P.A. 95-698, eff. 1-1-08.)
11     Section 99. Effective date. This Act takes effect upon
12 becoming law.