Full Text of HB4230 98th General Assembly
HB4230ham001 98TH GENERAL ASSEMBLY | Rep. Camille Y. Lilly Filed: 5/12/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4230
| 2 | | AMENDMENT NO. ______. Amend House Bill 4230 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Finance Act is amended by adding | 5 | | Section 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 | 9 | | amended by changing Sections 5, 10, 17, 20, 35, and 70 and by | 10 | | adding 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| 12 | | (Section scheduled to be repealed on July 1, 2014)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 | 14 | | is in the
public interest to promote the use of wireless 9-1-1 |
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| 1 | | and wireless enhanced
9-1-1 (E9-1-1) service in order to save | 2 | | lives and protect the property of the
citizens of the State of | 3 | | Illinois.
| 4 | | Wireless carriers are required by the Federal | 5 | | Communications Commission (FCC)
to provide E9-1-1 service in | 6 | | the form of automatic location identification and
automatic | 7 | | number identification pursuant to policies set forth by the | 8 | | FCC.
| 9 | | Public safety agencies and wireless
carriers are | 10 | | encouraged to work together to provide emergency access to
| 11 | | wireless 9-1-1 and
wireless E9-1-1 service. Public safety | 12 | | agencies and wireless
carriers operating wireless 9-1-1 and | 13 | | wireless E9-1-1 systems require adequate
funding to
recover the | 14 | | costs of designing, purchasing, installing, testing, and | 15 | | operating
enhanced facilities,
systems, and services necessary | 16 | | to comply with the wireless E9-1-1 requirements
mandated by
the | 17 | | Federal Communications Commission and to maximize the | 18 | | availability of
wireless E9-1-1 services throughout
the State | 19 | | of
Illinois.
| 20 | | The revenues generated by the wireless carrier surcharge | 21 | | enacted by this Act
are
required to fund the efforts of the | 22 | | wireless carriers, emergency telephone
system boards,
| 23 | | qualified governmental entities, human poison control centers, | 24 | | and the Department of State Police to improve
the public | 25 | | health,
safety, and welfare and to serve a public purpose by | 26 | | providing emergency
telephone
assistance
through wireless |
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| 1 | | communications.
| 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 | 3 | | by the corporate authorities of any county or
municipality that | 4 | | provides
for the management and operation of a 9-1-1 system | 5 | | within the scope of the
duties and powers
prescribed by the | 6 | | Emergency Telephone System Act.
| 7 | | "Human poison control center" shall have the meaning | 8 | | provided in Section 10 of the Poison Control System Act. | 9 | | Services provided by a human poison control center shall be | 10 | | provided as, and constitute, an enhancement to 9-1-1 services | 11 | | pursuant to 47 U.S.C. 615a-1(f)(1). | 12 | | "Master street address guide" means the computerized | 13 | | geographical database
that consists of all street and address | 14 | | data within a 9-1-1 system.
| 15 | | "Mobile telephone number" or "MTN" shall mean the telephone | 16 | | number
assigned to a wireless telephone at the time of initial | 17 | | activation.
| 18 | | "Prepaid wireless telecommunications service" means | 19 | | wireless telecommunications service that allows a caller to | 20 | | dial 9-1-1 to access the 9-1-1 system, which service must be | 21 | | paid for in advance and is sold in predetermined units or | 22 | | dollars which the amount declines with use in a known amount.
| 23 | | "Public safety agency" means a functional division of a | 24 | | public agency that
provides fire fighting, police, medical, or | 25 | | other emergency services. For the
purpose of providing wireless | 26 | | service to users of 9-1-1 emergency services, as
expressly |
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| 1 | | provided for in this Act, the Department of State Police may be
| 2 | | considered a public safety agency.
| 3 | | "Qualified governmental entity"
means a unit of local | 4 | | government authorized to provide 9-1-1 services
pursuant to the | 5 | | Emergency Telephone System Act where no emergency telephone
| 6 | | system board exists. | 7 | | "Remit period" means the billing period, one month in | 8 | | duration, for which a wireless carrier remits a surcharge and | 9 | | provides subscriber information by zip code to the Illinois | 10 | | Commerce Commission, in accordance with Section 17 of this Act.
| 11 | | "Statewide wireless emergency 9-1-1 system" means all | 12 | | areas of the State
where an emergency telephone system board | 13 | | or, in the absence of an emergency
telephone system board, a | 14 | | qualified governmental entity has not declared its
intention | 15 | | for one or more of its public safety answering points to serve | 16 | | as a
primary wireless 9-1-1 public safety answering point for | 17 | | its jurisdiction.
The operator of the statewide wireless | 18 | | emergency 9-1-1 system shall be the
Department of State Police.
| 19 | | "Wireless carrier" means a provider of two-way cellular, | 20 | | broadband PCS,
geographic area 800 MHZ and 900 MHZ Commercial | 21 | | Mobile Radio Service (CMRS),
Wireless Communications Service | 22 | | (WCS), or other Commercial Mobile Radio Service
(CMRS), as | 23 | | defined by the Federal Communications Commission, offering | 24 | | radio
communications that may provide fixed, mobile, radio | 25 | | location, or satellite
communication services to individuals | 26 | | or businesses within its assigned
spectrum block and |
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| 1 | | geographical area or that offers real-time, two-way voice
| 2 | | service that is interconnected with the public switched | 3 | | network, including a
reseller of such service.
| 4 | | "Wireless enhanced 9-1-1" means the ability to relay the | 5 | | telephone number
of the originator of a 9-1-1 call and location | 6 | | information from any mobile handset or text telephone
device | 7 | | accessing the wireless system to the designated wireless public | 8 | | safety
answering point as set forth in the order of the Federal | 9 | | Communications
Commission, FCC Docket No. 94-102, adopted June | 10 | | 12, 1996, with an effective
date of October 1, 1996, and any | 11 | | subsequent amendment thereto.
| 12 | | "Wireless public safety answering point" means the | 13 | | functional division of
an emergency telephone system board, | 14 | | qualified governmental entity, or the
Department of State | 15 | | Police accepting wireless 9-1-1 calls.
| 16 | | "Wireless subscriber" means an individual or entity to whom | 17 | | a wireless
service account or number has been assigned by a | 18 | | wireless carrier, other than an account or number associated | 19 | | with 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
| 25 | | carrier shall impose a monthly wireless carrier surcharge per |
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| 1 | | CMRS connection
that either has a telephone number within an | 2 | | area code assigned to Illinois by
the North American Numbering | 3 | | Plan Administrator or has a billing address in
this State. No
| 4 | | wireless carrier
shall impose the surcharge authorized by this
| 5 | | Section upon any subscriber who is subject to the surcharge | 6 | | imposed by a unit
of local
government
pursuant to Section 45.
| 7 | | Prior to January 1, 2008 (the effective date of Public Act | 8 | | 95-698), the surcharge amount shall be the amount set by the | 9 | | Wireless Enhanced 9-1-1 Board. Beginning on January 1, 2008 | 10 | | (the effective date of Public Act 95-698), the monthly | 11 | | surcharge imposed under this Section shall be $0.73 per CMRS | 12 | | connection. The wireless carrier that provides wireless | 13 | | service to the
subscriber shall collect the surcharge
from the | 14 | | subscriber.
For mobile telecommunications services provided on | 15 | | and after August 1, 2002,
any surcharge imposed under this Act | 16 | | shall be imposed based upon the
municipality or county that | 17 | | encompasses
the customer's place of primary use as defined in | 18 | | the Mobile Telecommunications
Sourcing Conformity Act.
The | 19 | | surcharge shall be stated as a separate item on the
| 20 | | subscriber's monthly bill. The wireless carrier shall begin | 21 | | collecting the
surcharge on bills issued within 90 days after | 22 | | the Wireless Enhanced 9-1-1
Board sets the monthly wireless | 23 | | surcharge. State and local taxes shall not
apply to the | 24 | | wireless carrier surcharge.
| 25 | | (b) Except as provided in Sections 45 and 80, a wireless | 26 | | carrier shall, within 45
days of collection, remit, either by |
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| 1 | | check or by electronic funds transfer, to
the State Treasurer | 2 | | the amount of the wireless carrier surcharge collected
from | 3 | | each subscriber.
Of the amounts remitted under this subsection | 4 | | prior to January 1, 2008 (the effective date of Public Act | 5 | | 95-698), and for surcharges imposed before January 1, 2008 (the | 6 | | effective date of Public Act 95-698)
but remitted after January | 7 | | 1, 2008, the State
Treasurer shall deposit one-third into the | 8 | | Wireless Carrier Reimbursement Fund
and two-thirds into the | 9 | | Wireless Service Emergency Fund. For surcharges collected and | 10 | | remitted on or after January 1, 2008 (the effective date of | 11 | | Public Act 95-698), $0.1475 per surcharge collected shall be | 12 | | deposited into the Wireless Carrier Reimbursement Fund, and | 13 | | $0.5825 per surcharge collected shall be deposited into the | 14 | | Wireless Service Emergency Fund. Of the amounts deposited into | 15 | | the Wireless Carrier Reimbursement Fund under this subsection, | 16 | | $0.01 per surcharge collected may be distributed to the | 17 | | carriers to cover their administrative costs. Of the amounts | 18 | | deposited into the Wireless Service Emergency Fund under this | 19 | | subsection, $0.01 per surcharge collected may be disbursed to | 20 | | the Illinois Commerce Commission to cover its administrative | 21 | | costs.
| 22 | | For surcharges collected and remitted from July 1, 2014 | 23 | | through June 30, 2016, $0.07 per surcharge collected shall be | 24 | | deposited into the Wireless Carrier Reimbursement Fund, $0.615 | 25 | | per surcharge collected shall be deposited into the Wireless | 26 | | Service Emergency Fund, $0.02 per surcharge collected shall be |
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| 1 | | deposited into the Wireless Service Emergency Fund and | 2 | | distributed on a pro-rata basis based on number of wireless | 3 | | subscribers to County Emergency Telephone System Boards in | 4 | | counties with a population under 100,000 according to the most | 5 | | recent census data, $0.015 per surcharge collected shall be | 6 | | deposited into the Poison Response Fund for distribution | 7 | | monthly to a human poison control center as defined in Section | 8 | | 10 of the Poison Control System Act, and $0.01 per surcharge | 9 | | collected shall be deposited into the Public Utility Fund to | 10 | | defray expenses incurred by the Illinois Commerce Commission | 11 | | related to the oversight and coordination of 9-1-1 systems, | 12 | | oversight of the Poison Response Fund, and public safety. Of | 13 | | the amounts deposited into the Wireless Carrier Reimbursement | 14 | | Fund under this subsection, $0.01 per surcharge collected may | 15 | | be distributed to the carriers to cover their administrative | 16 | | costs. | 17 | | For surcharges collected and remitted from July 1, 2016 | 18 | | through June 30, 2018, $0.03 per surcharge collected shall be | 19 | | deposited into the Wireless Carrier Reimbursement Fund, | 20 | | $0.6375 per surcharge collected shall be deposited into the | 21 | | Wireless Service Emergency Fund, $0.03 per surcharge collected | 22 | | shall be deposited into the Wireless Service Emergency Fund and | 23 | | distributed on a pro-rata basis based on number of wireless | 24 | | subscribers to County Emergency Telephone System Boards in | 25 | | counties with a population under 100,000 according to the most | 26 | | recent census data, and $0.0175 per surcharge collected shall |
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| 1 | | be deposited into the Poison Response Fund for distribution | 2 | | monthly to a human poison control center as defined in Section | 3 | | 10 of the Poison Control System Act, and $0.015 per surcharge | 4 | | collected shall be deposited into the Public Utility Fund to | 5 | | defray expenses incurred by the Illinois Commerce Commission | 6 | | related to the oversight and coordination of 9-1-1 systems, | 7 | | oversight of the Poison Response Fund, and public safety. Of | 8 | | the amounts deposited into the Wireless Carrier Reimbursement | 9 | | Fund under this subsection, $0.01 per surcharge collected may | 10 | | be distributed to the carriers to cover their administrative | 11 | | costs. | 12 | | For surcharges collected and remitted on and after July 1, | 13 | | 2018, $0.01 per surcharge collected shall be deposited into the | 14 | | Wireless Carrier Reimbursement Fund to reimburse wireless | 15 | | carriers with fewer than 50,000 customers in Illinois, | 16 | | including all customers of carriers under common ownership, | 17 | | $0.655 per surcharge collected shall be deposited into the | 18 | | Wireless Service Emergency Fund, $0.03 per surcharge collected | 19 | | shall be deposited into the Wireless Service Emergency Fund and | 20 | | distributed on a pro-rata basis based on number of wireless | 21 | | subscribers to County Emergency Telephone System Boards in | 22 | | counties with a population under 100,000 according to the most | 23 | | recent census data, $0.02 per surcharge collected shall be | 24 | | deposited into the Poison Response Fund for distribution | 25 | | monthly to a human poison control center as defined in Section | 26 | | 10 of the Poison Control System Act, and $0.015 per surcharge |
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| 1 | | collected shall be deposited into the Public Utility Fund to | 2 | | defray expenses incurred by the Illinois Commerce Commission | 3 | | related to the oversight and coordination of 9-1-1 systems, | 4 | | oversight of the Poison Response Fund, and other expenses | 5 | | related to public safety. | 6 | | (c)
The first such remittance by wireless carriers shall | 7 | | include the number
of wireless subscribers by zip code, and the | 8 | | 9-digit zip code if currently being used or
later implemented | 9 | | by the carrier, that shall be the means by which the
Illinois | 10 | | Commerce Commission shall determine distributions from
the | 11 | | Wireless Service Emergency Fund.
This information shall be | 12 | | updated no less often than every year. Wireless
carriers are | 13 | | not required to remit surcharge moneys that are billed to
| 14 | | subscribers but not yet collected. Any carrier that fails to | 15 | | provide the zip code information required under this subsection | 16 | | (c) shall be subject to the penalty set forth in subsection (f) | 17 | | of this Section.
| 18 | | (d) Any funds collected under the Prepaid Wireless 9-1-1 | 19 | | Surcharge Act shall be distributed using a prorated method | 20 | | based upon zip code information collected from post-paid | 21 | | wireless carriers under subsection (c) of this Section. | 22 | | (e) If before midnight on the last day of the third | 23 | | calendar month after the closing date of the remit period a | 24 | | wireless carrier does not remit the surcharge or any portion | 25 | | thereof required under this Section, then the surcharge or | 26 | | portion thereof shall be deemed delinquent until paid in full, |
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| 1 | | and the Illinois Commerce Commission may impose a penalty | 2 | | against 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) | 10 | | for a portion of a month during which the carrier provides the | 11 | | number of subscribers by zip code as required under subsection | 12 | | (c) of this Section shall be prorated for each day of that | 13 | | month during which the carrier had not provided the number of | 14 | | subscribers by zip code as required under subsection (c) of | 15 | | this Section. Any penalty imposed under this subsection (e) is | 16 | | in addition to the amount of the delinquency and is in addition | 17 | | to any other penalty imposed under this Section. | 18 | | (f) If, before midnight on the last day of the third | 19 | | calendar month after the closing date of the remit period, a | 20 | | wireless carrier does not provide the number of subscribers by | 21 | | zip code as required under subsection (c) of this Section, then | 22 | | the report is deemed delinquent and the Illinois Commerce | 23 | | Commission may impose a penalty against the carrier in an | 24 | | amount 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) | 7 | | for a portion of a month during which the carrier pays the | 8 | | delinquent amount in full shall be prorated for each day of | 9 | | that month that the delinquent amount was paid in full. A | 10 | | penalty imposed and collected in accordance with this | 11 | | subsection (f) shall be deposited into the Wireless Service | 12 | | Emergency Fund. Any penalty imposed under this subsection (f) | 13 | | is in addition to any other penalty imposed under this Section. | 14 | | (g) The Illinois Commerce Commission may enforce the | 15 | | collection of any delinquent amount and any penalty due and | 16 | | unpaid under this Section by legal action or in any other | 17 | | manner by which the collection of debts due the State of | 18 | | Illinois may be enforced under the laws of this State. The | 19 | | Executive Director of the Illinois Commerce Commission, or his | 20 | | or her designee, may excuse the payment of any penalty imposed | 21 | | under this Section if the Executive Director, or his or her | 22 | | designee, determines that the enforcement of this penalty is | 23 | | unjust. | 24 | | (h)
Notwithstanding any provision of law to the contrary,
| 25 | | nothing shall impair the right of wireless carriers to recover
| 26 | | compliance costs for all emergency communications services |
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| 1 | | that are not reimbursed out of the Wireless Carrier | 2 | | Reimbursement Fund
directly from their wireless subscribers | 3 | | via line-item charges on the wireless subscriber's
bill. Those | 4 | | compliance costs include all costs
incurred by wireless | 5 | | carriers in complying with local, State,
and federal regulatory | 6 | | or legislative mandates that require the
transmission and | 7 | | receipt of emergency communications to and
from the general | 8 | | public, including, but not limited to, E-911.
| 9 | | (i)
The Auditor General shall conduct and present to the | 10 | | General Assembly , on an annual basis, an audit of the Wireless | 11 | | Service Emergency Fund , the Poison Response Fund, and the | 12 | | Wireless Carrier Reimbursement Fund for compliance with the | 13 | | requirements of this Act. The audit shall include, but not be | 14 | | limited 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 | 4 | | other entity or person that may have information relevant to | 5 | | the audit shall cooperate fully and promptly with the Office of | 6 | | the Auditor General in conducting the audit. The Auditor | 7 | | General shall commence the audit as soon as possible and | 8 | | distribute the report upon completion in accordance with | 9 | | Section 3-14 of the Illinois State Auditing Act.
| 10 | | (j) The Illinois Commerce Commission shall create uniform | 11 | | accounting procedures that any entity that receives funds from | 12 | | the Wireless Service Emergency Fund must follow as a condition | 13 | | of receiving funds from the Wireless Service Emergency Fund. | 14 | | The Illinois Commerce Commission shall require an annual audit | 15 | | of total income and expenditures from any entity that receives | 16 | | funds from the Wireless Service Emergency Fund. An entity that | 17 | | receives funds from the Wireless Service Emergency Fund is | 18 | | responsible for any costs associated with the annual audit. The | 19 | | audit report shall require the inclusion of a copy of detailed | 20 | | financial statements of all revenue received by the entity, | 21 | | including but not limited to, local, State, federal, and | 22 | | private revenues, and any other funds received, and detailed | 23 | | expenditure reports for capital, operating, personnel, travel, | 24 | | technology, and any other expenditures related, directly or | 25 | | indirectly, to the operations of the entity. The Illinois | 26 | | Commerce Commission shall make the annual audit information |
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| 1 | | available to the public and publish the individual audit | 2 | | reports online. Within 12 months of the effective date of this | 3 | | amendatory Act of the 98th General Assembly, the Illinois | 4 | | Commerce Commission shall issue guidelines for the collection | 5 | | and reporting of financial statements for all entities | 6 | | receiving funds from the Wireless Service Emergency Fund and | 7 | | make recommendations to the General Assembly.
| 8 | | The Illinois Commerce Commission shall create uniform | 9 | | accounting procedures that any entity that receives funds from | 10 | | the Poison Response Fund must follow as a condition of | 11 | | receiving funds from the Poison Response Fund. The Illinois | 12 | | Commerce Commission shall require an annual audit of total | 13 | | income and expenditures related directly, or indirectly, to the | 14 | | operation of the human poison control center, from any entity | 15 | | that receives funds from the Poison Response Fund. The audit | 16 | | report shall require the inclusion of a copy of detailed | 17 | | financial statements of all revenue received for the operation | 18 | | of the human poison control center by an entity seeking funds | 19 | | from the Poison Response Fund, including, but not limited to, | 20 | | local, State, federal, and private revenues, and any other | 21 | | funds received, and detailed expenditure reports for capital, | 22 | | operating, personnel, travel, technology and any other | 23 | | expenditures related, directly or indirectly, to the | 24 | | operations of the human poison control center. The Illinois | 25 | | Commerce Commission shall make the annual audit information | 26 | | available to the public and publish the individual audit |
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| 1 | | reports online. Within 12 months of the effective date of this | 2 | | amendatory Act of the 98th General Assembly, the Illinois | 3 | | Commerce Commission shall issue guidelines for the collection | 4 | | and reporting of financial statements for any entity receiving | 5 | | funds from the Poison Response Fund and make recommendations to | 6 | | the General Assembly. | 7 | | Monthly proportional grants of funds to an authorized | 8 | | entity under Section 25 of this Act will be made only in | 9 | | accordance with this Section and Section 25 of this Act. | 10 | | (1) Failure by an emergency telephone system board or | 11 | | qualified governmental entity to file the 9-1-1 system | 12 | | financial report as required under this Section will result in | 13 | | the suspension of payment and withholding by the Commission of | 14 | | monthly proportional grants otherwise due the emergency | 15 | | telephone system board or qualified governmental entity under | 16 | | Section 25 of this Act until the report is filed by the | 17 | | emergency telephone system board or qualified governmental | 18 | | entity. | 19 | | (2) Any monthly proportional grants that have been withheld | 20 | | for 12 months or more shall be forfeited by the emergency | 21 | | telephone system board or qualified governmental entity and may | 22 | | be distributed proportionally to compliant emergency telephone | 23 | | system boards and qualified governmental entities. | 24 | | (3) The Commission, acting through its Executive Director | 25 | | or his or her designee, may in his discretion waive any | 26 | | requirement 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 | 5 | | Wireless Service
Emergency Fund is created as a special fund in | 6 | | the State treasury. Subject to
appropriation, moneys in the | 7 | | Wireless Service Emergency Fund may only be used
for grants for | 8 | | emergency telephone system boards, qualified government
| 9 | | entities, or the Department of State Police. These grants may | 10 | | be used only
for the design, implementation, operation, | 11 | | maintenance, or upgrade of wireless
9-1-1 or E9-1-1 emergency | 12 | | services and public safety answering points, and for
no other | 13 | | purposes.
| 14 | | The moneys received by the Department of State Police from | 15 | | the Wireless
Service Emergency Fund, in any year, may be used | 16 | | for any costs relating to the
leasing, modification, or | 17 | | maintenance of any building or facility used to house
personnel | 18 | | or equipment associated with the operation of wireless 9-1-1 or
| 19 | | wireless E9-1-1 emergency services, to ensure service in those | 20 | | areas where
service is not otherwise provided.
| 21 | | Moneys received by a emergency telephone system board or | 22 | | qualified governmental entity under this Act shall pay for the | 23 | | costs directly attributable to 9-1-1 call delivery, 9-1-1 call | 24 | | taking, and 9-1-1 call dispatch. Such moneys may not be used to | 25 | | pay 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 | 15 | | used to pay for or
recover any costs associated with public | 16 | | safety agency equipment or personnel
dispatched in response to | 17 | | wireless 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; | 22 | | reimbursement. | 23 | | (a) To recover costs from the Wireless Carrier | 24 | | Reimbursement Fund, the wireless
carrier shall submit sworn | 25 | | invoices to the Illinois Commerce Commission. In no event may |
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| 1 | | any invoice for payment be approved for (i) costs
that are not | 2 | | related to compliance with the requirements established by the
| 3 | | wireless enhanced 9-1-1 mandates of the Federal Communications | 4 | | Commission, or (ii)
costs with respect to any wireless enhanced | 5 | | 9-1-1 service that is not operable
at the time the invoice is | 6 | | submitted , or (iii) costs in excess of the sum of (A) the | 7 | | carrier's balance, as determined under subsection (e) of this | 8 | | Section, plus (B) 100% of the surcharge
remitted to the
| 9 | | Wireless Carrier Reimbursement Fund by the wireless carrier | 10 | | under Section
17(b) since the last annual review of the balance | 11 | | in the Wireless Carrier Reimbursement Fund under subsection (e) | 12 | | of this Section, less reimbursements paid to the carrier out of | 13 | | the Wireless Carrier Reimbursement Fund since the last annual | 14 | | review of the balance under subsection (e) of this Section, | 15 | | unless the wireless carrier received prior approval for the | 16 | | expenditures
from the Illinois Commerce Commission .
| 17 | | (a-1) Invoices submitted by wireless carriers before | 18 | | January 1, 2014 in accordance with subsection (a) of this | 19 | | Section that have not been previously approved for payment and | 20 | | paid in full by the Illinois Commerce Commission per the | 21 | | Commission's approval, shall be paid quarterly commencing on | 22 | | the fifteenth day of the calendar month which is 90 days after | 23 | | the effective date of this amendatory Act of the 98th General | 24 | | Assembly, using funds then in the Wireless Carrier | 25 | | Reimbursement Fund, to the extent available. If, in any | 26 | | quarter, the total amount of invoices submitted to the Illinois |
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| 1 | | Commerce Commission in accordance with this subsection and | 2 | | approved for payment exceeds the amount available in the | 3 | | Wireless Carrier Reimbursement Fund, wireless carriers that | 4 | | have any such invoices approved for payment shall receive a | 5 | | pro-rata share of the amount available in the Wireless Carrier | 6 | | Reimbursement Fund based on the relative amount of their | 7 | | approved invoices available that quarter, and the balance of | 8 | | the payments shall be carried forward into the following | 9 | | quarters until all of the approved payments are made. Within 90 | 10 | | days from the effective date of this amendatory Act of the 98th | 11 | | General Assembly, the Illinois Commerce Commission shall | 12 | | submit a voucher or vouchers to the Illinois State Comptroller | 13 | | in accordance with the requirements of this subsection. | 14 | | (a-2) In addition to the requirements in subsection (a) of | 15 | | this Section, in no event may any invoice for payment submitted | 16 | | on and after January 1, 2014 be approved for costs in excess of | 17 | | the sum of: (1) the carrier's balance, as determined under | 18 | | subsection (e) of this Section, plus (2) 100% of the surcharge | 19 | | remitted to the Wireless Carrier Reimbursement Fund by the | 20 | | wireless carrier under Section 17(b) of this Act since the last | 21 | | annual review of the balance in the Wireless Carrier | 22 | | Reimbursement Fund under subsection (e) of this Section, less | 23 | | (3) reimbursements paid to the carrier out of the Wireless | 24 | | Carrier Reimbursement Fund since the last annual review of the | 25 | | balance under subsection (e) of this Section. On and after July | 26 | | 1, 2018, wireless carriers with less than 50,000 customers, |
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| 1 | | including all customers of companies under common ownership, | 2 | | are eligible for full reimbursement subject to the limitations | 3 | | of subsection (a-1) of this Section. | 4 | | (b) If in any quarter month the total amount of invoices | 5 | | submitted to the Illinois Commerce Commission in accordance | 6 | | with subsection (a-2) and approved for payment exceeds the | 7 | | amount
available in the Wireless Carrier Reimbursement Fund, | 8 | | wireless carriers that
have invoices approved for payment shall | 9 | | receive a pro-rata share of the amount
available in the | 10 | | Wireless Carrier Reimbursement Fund based on the relative
| 11 | | amount of their approved invoices available that quarter month , | 12 | | and the balance of
the payments shall be carried forward into | 13 | | the following quarters months until all of the approved
| 14 | | payments
are made.
| 15 | | (c) A wireless carrier may not receive payment from the | 16 | | Wireless Carrier
Reimbursement Fund for its costs of providing | 17 | | wireless enhanced 9-1-1 services
in an area when a unit of | 18 | | local government or emergency telephone system board
provides | 19 | | wireless 9-1-1 services in that area and was imposing and | 20 | | collecting a
wireless carrier surcharge prior to July 1, 1998.
| 21 | | (d) The Illinois Commerce Commission shall maintain | 22 | | detailed records
of all receipts and disbursements and shall | 23 | | provide an annual accounting of all
receipts and disbursements | 24 | | to the Auditor General. | 25 | | (e) The Illinois Commerce Commission must annually review | 26 | | the balance in the Wireless Carrier Reimbursement Fund as of |
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| 1 | | June 30 of each year and shall direct the Comptroller to | 2 | | transfer into the Wireless Services Emergency Fund for | 3 | | distribution in accordance with Section 25 of this Act any | 4 | | amount in excess of the amount of deposits into the Fund for | 5 | | the 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 | 15 | | subsection (e), each carrier's available balance for purposes | 16 | | of reimbursements must be adjusted using the same calculation.
| 17 | | (f) The Illinois Commerce Commission shall adopt rules to | 18 | | govern the
reimbursement process.
| 19 | | (g) On January 1, 2008 (the effective date of Public Act | 20 | | 95-698), or as soon thereafter as practical, the State | 21 | | Comptroller shall order transferred and the State Treasurer | 22 | | shall transfer the sum of $8,000,000 from the Wireless Carrier | 23 | | Reimbursement Fund to the Wireless Service Emergency Fund. That | 24 | | amount shall be used by the Illinois Commerce Commission to | 25 | | make 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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| 1 | | eff. 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 | 5 | | 2014 .
| 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 | 9 | | created as a special fund in the State treasury. Subject to | 10 | | appropriation, moneys in the Poison Response Fund may only be | 11 | | used 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 | 14 | | to the contrary, the Wireless Carrier Reimbursement Fund is not | 15 | | subject to sweeps, administrative charge-backs, or any other | 16 | | fiscal or budgetary maneuver that would in any way transfer any | 17 | | amount from that Fund into any other fund of the State with the | 18 | | exception of the Wireless Services Emergency Fund. The Illinois | 19 | | Commerce Commission shall remain obligated to comply with the | 20 | | requirements of subsection (b) of Section 35 of the Wireless | 21 | | Emergency Telephone Safety Act, and transfers to the Wireless | 22 | | Services Emergency Fund pursuant thereto shall not be deemed to | 23 | | be sweeps, administrative charge-backs, or other fiscal or |
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| 1 | | budgetary maneuvers as otherwise prohibited by this Section. | 2 | | Section 15. The Public Utilities Act is amended by changing | 3 | | Sections 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; | 7 | | rules. | 8 | | (a) The General Assembly finds that it is necessary to | 9 | | require the certification of 9-1-1 system providers to ensure | 10 | | the safety of the lives and property of Illinoisans and | 11 | | Illinois businesses, and to otherwise protect and promote the | 12 | | public safety, health, and welfare of the citizens of this | 13 | | State 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 | 8 | | July 1, 2010, it is unlawful for any 9-1-1 system provider to | 9 | | offer or provide or seek to offer or provide to any emergency | 10 | | telephone system board or 9-1-1 system, or agent, | 11 | | representative, or designee thereof, any network and database | 12 | | service used or intended to be used by any emergency telephone | 13 | | system board or 9-1-1 system for the purpose of answering, | 14 | | transferring, or relaying requests for emergency services, or | 15 | | dispatching public safety agency personnel in response to | 16 | | requests for emergency services, unless the 9-1-1 system | 17 | | provider has applied for and received a Certificate of 9-1-1 | 18 | | System Provider Authority from the Commission. The Commission | 19 | | shall approve an application for a Certificate of 9-1-1 System | 20 | | Provider Authority upon a showing by the applicant, and a | 21 | | finding by the Commission, after notice and hearing, that the | 22 | | applicant possesses sufficient technical, financial, and | 23 | | managerial resources and abilities to provide network service | 24 | | and database services that it seeks authority to provide in its | 25 | | application for service authority, in a safe, continuous, and | 26 | | uninterrupted manner. |
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| 1 | | (d) No incumbent local exchange carrier that provides, as | 2 | | of the effective date of this amendatory Act of the 96th | 3 | | General Assembly, any 9-1-1 network and 9-1-1 database service | 4 | | used or intended to be used by any Emergency Telephone System | 5 | | Board or 9-1-1 system, shall be required to obtain a | 6 | | Certificate of 9-1-1 System Provider Authority under this | 7 | | Section. No entity that possesses, as of the effective date of | 8 | | this amendatory Act of the 96th General Assembly, a Certificate | 9 | | of Service Authority and provides 9-1-1 network and 9-1-1 | 10 | | database services to any incumbent local exchange carrier as of | 11 | | the effective date of this amendatory Act of the 96th General | 12 | | Assembly shall be required to obtain a Certificate of 9-1-1 | 13 | | System Provider Authority under this Section. | 14 | | (e) Any and all enforcement authority granted to the | 15 | | Commission under this Section shall apply exclusively to 9-1-1 | 16 | | system providers granted a Certificate of Service Authority | 17 | | under this Section and shall not apply to incumbent local | 18 | | exchange carriers that are providing 9-1-1 service as of the | 19 | | effective date of this amendatory Act of the 96th General | 20 | | Assembly.
| 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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| 1 | | service. Notwithstanding any other provision of this Article, | 2 | | the Commission retains its full authority over the rates and | 3 | | service quality as they apply to 9-1-1 system providers, | 4 | | including the Commission's existing authority over | 5 | | interconnection with 9-1-1 system providers and 9-1-1 systems. | 6 | | The rates, terms, and conditions for 9-1-1 service shall be | 7 | | tariffed and shall be provided in the manner prescribed by this | 8 | | Act and shall be subject to the applicable laws, including | 9 | | rules or regulations adopted and orders issued by the | 10 | | Commission or the Federal Communications Commission. The | 11 | | Commission retains this full authority regardless of the | 12 | | technologies 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 | 18 | | providers. | 19 | | (a) For purposes of this Section, "Regional Pilot Project" | 20 | | to implement next generation 9-1-1 has the same meaning as that | 21 | | term is defined in Section 2.22 of the Emergency Telephone | 22 | | System Act. | 23 | | (b)
For the limited purpose of a Regional Pilot Project to | 24 | | implement next generation 9-1-1, as defined in Section 13-900 | 25 | | of this Article, the Commission may forbear from applying any |
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| 1 | | rule or provision of Section 13-900 as it applies to | 2 | | implementation of the Regional Pilot Project to implement next | 3 | | generation 9-1-1 if the Commission determines, after notice and | 4 | | hearing, that:
(1) enforcement of the rule is not necessary to | 5 | | ensure the development and improvement of emergency | 6 | | communication procedures and facilities in such a manner as to | 7 | | be able to quickly respond to any person requesting 9-1-1 | 8 | | services from police, fire, medical, rescue, and other | 9 | | emergency services;
(2) enforcement of the rule or provision is | 10 | | not necessary for the protection of consumers; and
(3) | 11 | | forbearance from applying such provisions or rules is | 12 | | consistent with the public interest.
The Commission may | 13 | | exercise such forbearance with respect to one, and only one, | 14 | | Regional Pilot Project as authorized by Sections 10 and 11 of | 15 | | the Emergency Telephone Systems Act to implement next | 16 | | generation 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 | 22 | | 13-900, 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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| 1 | | becoming law.".
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