Full Text of SB1447 94th General Assembly
SB1447sam001 94TH GENERAL ASSEMBLY
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Sen. James F. Clayborne Jr.
Filed: 4/11/2005
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| AMENDMENT TO SENATE BILL 1447
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| AMENDMENT NO. ______. Amend Senate Bill 1447 by replacing | 3 |
| everything after the enacting clause:
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| "Section 5. The Emergency Telephone System Act is amended | 5 |
| by adding Sections 15.7 and 15.80 as follows: | 6 |
| (50 ILCS 750/15.7 new) | 7 |
| Sec. 15.7. Voice over Internet Protocol 9-1-1 service.
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| (a) The General Assembly finds and declares that it is in | 9 |
| the public interest for all 9-1-1 calls made or placed from | 10 |
| locations within this State to be identified by telephone | 11 |
| number and physical location, regardless of the technology used | 12 |
| to complete those calls. The General Assembly specifically | 13 |
| finds and declares that Voice over Internet Protocol (VoIP) | 14 |
| service is particularly susceptible to improper identification | 15 |
| of or failure to identify the telephone number and physical | 16 |
| location from which a 9-1-1 call is made as a result of the use | 17 |
| of VoIP technology to place the call and that this endangers | 18 |
| the lives, safety, and property of the citizens of this State. | 19 |
| The General Assembly further finds and declares that | 20 |
| identification of the telephone number and physical location | 21 |
| information for 9-1-1 calls made through VoIP service is | 22 |
| necessary for the provision of universal access to public | 23 |
| safety services and the protection of the consumers of this | 24 |
| State from fraudulent, unfair, or misleading business |
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| practices. | 2 |
| (b) "Voice over Internet Protocol service" or "VoIP | 3 |
| service" means a service that provides features, functions, or | 4 |
| protocols that allow end users to originate and receive | 5 |
| Internet Protocol-enabled voice services that resemble the | 6 |
| characteristics of traditional circuit switched voice | 7 |
| telecommunications services. | 8 |
| (c) On and after September 1, 2005, each entity that | 9 |
| provides or offers to provide VoIP service shall automatically | 10 |
| forward to the appropriate 9-1-1 system the telephone number | 11 |
| and physical location from which each 9-1-1 call is made | 12 |
| through the VoIP service. | 13 |
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(d) Any entity that provides or offers to provide VoIP | 14 |
| service may apply to the Commission for an extension of the | 15 |
| deadline imposed under subsection (c). The Commission shall | 16 |
| grant the extension if the entity: | 17 |
| (1) demonstrates that compliance with subsection (c) | 18 |
| is not technically feasible or is unduly economically | 19 |
| burdensome; | 20 |
| (2) certifies that, during the extension period | 21 |
| granted by the Commission, it will advertise and disclose | 22 |
| clearly and conspicuously to its customers and subscribers | 23 |
| that 9-1-1 service may be unavailable or inadequate when | 24 |
| using VoIP service; or | 25 |
| (3) certifies that, during the extension period | 26 |
| granted by the Commission, it will obtain a separate, | 27 |
| signed acknowledgment, in a form approved by the | 28 |
| Commission, from each of its customers and subscribers in | 29 |
| Illinois stating that the customer or subscriber is aware | 30 |
| that 9-1-1 service may be unavailable or inadequate when | 31 |
| using VoIP.
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| The term of any single extension granted pursuant to this | 33 |
| subsection (d) shall not exceed one year. | 34 |
| (e) Any entity that violates this Section commits a |
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| business offense for which the Commission may impose a fine of | 2 |
| not less than $1,000 and not more than $5,000. | 3 |
| (f) Any entity that fails to act in accordance with a | 4 |
| certification made in accordance with item (2) or (3) of | 5 |
| subsection (d) is in violation of this Section. | 6 |
| (g) Nothing in this Section shall be construed to preclude | 7 |
| the Attorney General on behalf of the Commission or on his or | 8 |
| her own initiative, or any other interested person, from | 9 |
| seeking judicial relief, by mandamus, injunction, or | 10 |
| otherwise, to compel compliance with this Section. | 11 |
| (h) The Commission may promulgate rules for the | 12 |
| administration of this Section. | 13 |
| (50 ILCS 750/15.80 new)
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| Sec. 15.80. Severability.
If any provision of this Act or | 15 |
| the application thereof to any person or circumstance is held | 16 |
| invalid, the invalidity shall not affect other provisions or | 17 |
| applications of the Act which can be given effect without the | 18 |
| invalid provision or application and to this end the provisions | 19 |
| of this Act are severable. | 20 |
| Section 10. The Consumer Fraud and Deceptive Business | 21 |
| Practices Act is amended by adding Sections 2Z and 2VV as | 22 |
| follows:
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| (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
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| Sec. 2Z. Violations of other Acts. Any person who knowingly | 25 |
| violates
the Automotive Repair Act,
the Home Repair and | 26 |
| Remodeling Act,
the Dance Studio Act,
the Physical Fitness | 27 |
| Services Act,
the Hearing Instrument Consumer Protection Act,
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| the Illinois Union Label Act,
the Job Referral and Job Listing | 29 |
| Services Consumer Protection Act,
the Travel Promotion | 30 |
| Consumer Protection Act,
the Credit Services Organizations | 31 |
| Act,
the Automatic Telephone Dialers Act,
the Pay-Per-Call |
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| Services Consumer Protection Act,
the Telephone Solicitations | 2 |
| Act,
the Illinois Funeral or Burial Funds Act,
the Cemetery | 3 |
| Care Act,
the Safe and Hygienic Bed Act,
the Pre-Need Cemetery | 4 |
| Sales Act,
the High Risk Home Loan Act, subsection (a) or (b) | 5 |
| of Section 3-10 of the
Cigarette Tax Act, subsection
(a) or (b) | 6 |
| of Section 3-10 of the Cigarette Use Tax Act, the Electronic
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| Mail Act, paragraph (6)
of
subsection (k) of Section 6-305 of | 8 |
| the Illinois Vehicle Code, or the Automatic Contract Renewal | 9 |
| Act , or Section 15.7 of the Emergency Telephone System Act
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| commits an unlawful practice within the meaning of this Act.
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| (Source: P.A. 92-426, eff. 1-1-02; 93-561, eff. 1-1-04; 93-950, | 12 |
| eff. 1-1-05.)
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| (815 ILCS 505/2VV new) | 14 |
| Sec. 2VV. Voice over Internet Protocol service. | 15 |
| (a) It is an unlawful act or practice to state or represent | 16 |
| that a Voice over Internet Protocol (VoIP) service, as that | 17 |
| term is defined in Section 15.7 of the Emergency Telephone | 18 |
| System Act, has characteristics, uses, benefits, and qualities | 19 |
| that the VoIP service does not in fact have, including the | 20 |
| capability or functionality to make or place calls to 9-1-1 | 21 |
| that will be answered in the manner required by the Emergency | 22 |
| Telephone System Act or that will be identified with automatic | 23 |
| telephone number and physical location information in the | 24 |
| manner required under the Emergency Telephone System Act. | 25 |
| (b) It is an unlawful act or practice to omit or to fail to | 26 |
| disclose in a clear and conspicuous manner that a Voice over | 27 |
| Internet Protocol (VoIP) service, as that term is defined in | 28 |
| Section 15.7 of the Emergency Telephone System Act, lacks the | 29 |
| capability or functionality to make or place calls to 9-1-1 | 30 |
| that will be answered in the manner required by the Emergency | 31 |
| Telephone System Act or that will be identified with automatic | 32 |
| telephone number and physical location identification in the | 33 |
| manner required by the Emergency Telephone System Act if the |
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| VoIP service does not in fact have the capability or | 2 |
| functionality to do so. | 3 |
| (c) Any entity that fails to act in accordance with a | 4 |
| certification made in accordance with item (2) or (3) of | 5 |
| subsection (d) of Section 15.7 of the Emergency Telephone | 6 |
| System Act is in violation of this Act.
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| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.".
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