State of Illinois
92nd General Assembly
Legislation

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92_HB5709eng

 
HB5709 Engrossed                              LRB9213274BDdvB

 1        AN ACT concerning telecommunications.

 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
 5    by changing Sections 2.12 and 15.3 as follows:

 6        (50 ILCS 750/2.12) (from Ch. 134, par. 32.12)
 7        Sec.  2.12.   (a)  For the purposes of this Act, "network
 8    connections" means the number of voice  grade  communications
 9    channels    directly    between    a    subscriber    and   a
10    telecommunications carrier's public switched network, without
11    the intervention of any  other  telecommunications  carrier's
12    switched  network,  which  would  be  required  to  carry the
13    subscriber's inter-premises  traffic  and,  which  connection
14    either  (1) is capable of providing access through the public
15    switched network to a 9-1-1 Emergency Telephone System if one
16    exists, or, (2) if no system exists at the time  a  surcharge
17    is  imposed  under  Section  15.3  which  would be capable of
18    providing access through the public switched network  to  the
19    local 9-1-1 Emergency Telephone System if one existed.
20        (b)  For  the purposes of this Act, no telecommunications
21    carrier    providing    facilities-based    local    exchange
22    telecommunications service prior to January 1, 1986 shall  be
23    required  to  offer  or  provide  sophisticated  9-1-1 system
24    features such as selective call routing  in  any  area  where
25    that  carrier's  local  switching  facility does not have the
26    capability to do so.
27        (c)  For the purposes  of  this  Act,  "telecommunication
28    carrier"   does  not  include  a  cellular  or  other  mobile
29    communication carrier.
30        (d)  Where multiple voice  grade  communication  channels
31    are   connected   to  a  telecommunication  carrier's  public
 
HB5709 Engrossed            -2-               LRB9213274BDdvB
 1    switched network through a private  branch  exchange  service
 2    (PBX), there shall be determined to be one network connection
 3    for  each  trunk  line  capable  of  transporting  either the
 4    subscriber's inter-premises traffic to  the  public  switched
 5    network or the subscriber's 9-1-1 calls to the public agency.
 6    Where   multiple   voice  grade  communication  channels  are
 7    connected to a telecommunication  carrier's  public  switched
 8    network  through  centrex type service, the number of network
 9    connections shall  be  equal  to  the  number  of  PBX  trunk
10    equivalents  for  the  subscriber's service, as determined by
11    reference to any generally applicable exchange access service
12    tariff filed by the subscriber's  telecommunications  carrier
13    with  the Commission. This subsection is not intended to make
14    any change in the meaning of this Section, but is intended to
15    remove possible ambiguity, thereby confirming the  intent  of
16    paragraph  (a)  as  it  existed  prior  to  and following the
17    effective date of this amendatory Act of 2002.
18    (Source: P.A. 86-101; 87-167.)

19        (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
20        (Text of Section before amendment by P.A. 92-474)
21        Sec.  15.3.   (a)  The  corporate  authorities   of   any
22    municipality or any county may, subject to the limitations of
23    subsections  (c),  (d),  and  (h), and in addition to any tax
24    levied pursuant to Section 8-11-2 of the  Illinois  Municipal
25    Code,  impose  a  monthly  surcharge on billed subscribers of
26    network connection  provided  by  telecommunication  carriers
27    engaged  in the business of transmitting messages by means of
28    electricity originating within the corporate  limits  of  the
29    municipality  or  county imposing the surcharge at a rate per
30    network connection determined in accordance  with  subsection
31    (c).  Provided,  however,  that  where  multiple  voice grade
32    communications   channels   are   connected    between    the
33    subscriber's  premises  and a public switched network through
 
HB5709 Engrossed            -3-               LRB9213274BDdvB
 1    private branch exchange (PBX)  or  centrex  type  service,  a
 2    municipality  imposing  a  surcharge  at  a  rate per network
 3    connection, as determined in accordance with this Act,  shall
 4    impose   5   such   surcharges  per  network  connection,  as
 5    determined in accordance with  subsections  (a)  and  (d)  of
 6    Section  2.12  of  this Act. A municipality may enter into an
 7    intergovernmental agreement with any county in  which  it  is
 8    partially  located,  when the county has adopted an ordinance
 9    to impose a surcharge  as  provided  in  subsection  (c),  to
10    include  that  portion  of the municipality lying outside the
11    county  in  that  county's  surcharge  referendum.   If   the
12    county's surcharge referendum is approved, the portion of the
13    municipality  identified  in  the intergovernmental agreement
14    shall automatically be disconnected from the county in  which
15    it  lies  and  connected  to  the  county  which approved the
16    referendum for purposes of a surcharge on  telecommunications
17    carriers.
18        (b)  For  purposes  of computing the surcharge imposed by
19    subsection  (a),  the  network  connections  to   which   the
20    surcharge  shall  apply  shall  be  those  in-service network
21    connections, other than those network connections assigned to
22    the municipality or county, where  the  service  address  for
23    each such network connection or connections is located within
24    the  corporate  limits  of the municipality or county levying
25    the surcharge. The "service address" shall mean the  location
26    of  the primary use of the network connection or connections.
27    With respect to network connections provided for use with pay
28    telephone services for which there is no  billed  subscriber,
29    the   telecommunications   carrier   providing   the  network
30    connection shall be deemed to be its  own  billed  subscriber
31    for purposes of applying the surcharge.
32        (c)  Upon  the  passage  of  an  ordinance  to  impose  a
33    surcharge under this Section the clerk of the municipality or
34    county  shall  certify  the question of whether the surcharge
 
HB5709 Engrossed            -4-               LRB9213274BDdvB
 1    may be imposed to the proper  election  authority  who  shall
 2    submit   the   public   question   to  the  electors  of  the
 3    municipality  or  county  in  accordance  with  the   general
 4    election  law;  provided  that  such  question  shall  not be
 5    submitted at a consolidated  primary  election.   The  public
 6    question shall be in substantially the following form:
 7    -------------------------------------------------------------
 8        Shall the county (or city, village
 9    or incorporated town) of.....impose          YES
10    a surcharge of up to...¢ per month per
11    network connection, which surcharge will
12    be added to the monthly bill you receive   ------------------
13    for telephone or telecommunications
14    charges, for the purpose of installing
15    (or improving) a 9-1-1 Emergency             NO
16    Telephone System?
17    -------------------------------------------------------------
18        If  a majority of the votes cast upon the public question
19    are in favor thereof, the surcharge shall be imposed.
20        However, if a Joint Emergency Telephone System  Board  is
21    to  be  created  pursuant  to  an intergovernmental agreement
22    under Section 15.4, the ordinance  to  impose  the  surcharge
23    shall  be  subject to the approval of a majority of the total
24    number of votes cast upon the public question by the electors
25    of all of the  municipalities  or  counties,  or  combination
26    thereof, that are parties to the intergovernmental agreement.
27        The  referendum  requirement of this subsection (c) shall
28    not apply to any municipality with a population over  500,000
29    or  to  any  county  in  which  a proposition as to whether a
30    sophisticated 9-1-1  Emergency  Telephone  System  should  be
31    installed  in the county, at a cost not to exceed a specified
32    monthly amount per network connection,  has  previously  been
33    approved  by  a majority of the electors of the county voting
34    on the  proposition  at  an  election  conducted  before  the
 
HB5709 Engrossed            -5-               LRB9213274BDdvB
 1    effective date of this amendatory Act of 1987.
 2        (d)  A   county   may  not  impose  a  surcharge,  unless
 3    requested by a municipality, in any incorporated  area  which
 4    has previously approved a surcharge as provided in subsection
 5    (c)   or   in  any  incorporated  area  where  the  corporate
 6    authorities of the municipality have previously entered  into
 7    a   binding   contract   or   letter   of   intent   with   a
 8    telecommunications  carrier  to  provide  sophisticated 9-1-1
 9    service through municipal funds.
10        (e)  A  municipality  or  county  may  at  any  time   by
11    ordinance change the rate of the surcharge imposed under this
12    Section if the new rate does not exceed the rate specified in
13    the referendum held pursuant to subsection (c).
14        (f)  The  surcharge  authorized  by this Section shall be
15    collected  from  the  subscriber  by  the  telecommunications
16    carrier providing the subscriber the network connection as  a
17    separately stated item on the subscriber's bill.
18        (g)  The   amount   of   surcharge   collected   by   the
19    telecommunications  carrier  shall  be paid to the particular
20    municipality or county or Joint  Emergency  Telephone  System
21    Board   not  later  than  30  days  after  the  surcharge  is
22    collected, net of any network or other 9-1-1 or sophisticated
23    9-1-1   system    charges    then    due    the    particular
24    telecommunications  carrier,  as  shown  on an itemized bill.
25    The telecommunications carrier collecting the surcharge shall
26    also be  entitled  to  deduct  3%  of  the  gross  amount  of
27    surcharge   collected  to  reimburse  the  telecommunications
28    carrier for the expense  of  accounting  and  collecting  the
29    surcharge.
30        (h)  Except  as  expressly  provided in subsection (a) of
31    this Section, a municipality with a population  over  500,000
32    may  not  impose  a  monthly surcharge in excess of $1.25 per
33    network connection.
34        (i)  Any  municipality  or  county  or  joint   emergency
 
HB5709 Engrossed            -6-               LRB9213274BDdvB
 1    telephone  system board that has imposed a surcharge pursuant
 2    to  this  Section  prior  to  the  effective  date  of   this
 3    amendatory  Act  of 1990 shall hereafter impose the surcharge
 4    in accordance with subsection (b) of this Section.
 5        (j)  The corporate authorities  of  any  municipality  or
 6    county  may  issue,  in  accordance with Illinois law, bonds,
 7    notes or other obligations secured in whole or in part by the
 8    proceeds  of  the  surcharge  described  in   this   Section.
 9    Notwithstanding  any change in law subsequent to the issuance
10    of any bonds, notes  or  other  obligations  secured  by  the
11    surcharge,  every  municipality or county issuing such bonds,
12    notes or other obligations shall be authorized to impose  the
13    surcharge  as  though  the laws relating to the imposition of
14    the surcharge in effect at the time of issuance of the bonds,
15    notes or other obligations were  in  full  force  and  effect
16    until the bonds, notes or other obligations are paid in full.
17    The  State  of  Illinois  pledges and agrees that it will not
18    limit or alter the rights and powers vested in municipalities
19    and counties by this Section to impose the surcharge so as to
20    impair the terms of or affect the security for  bonds,  notes
21    or  other  obligations  secured  in whole or in part with the
22    proceeds of the surcharge described in this Section.
23        (k)  Any  surcharge  collected  by  or   imposed   on   a
24    telecommunications  carrier pursuant to this Section shall be
25    held to be a special fund  in  trust  for  the  municipality,
26    county  or  Joint  Emergency  Telephone  Board  imposing  the
27    surcharge.    Except   for   the  3%  deduction  provided  in
28    subsection (g) above, the special fund shall not  be  subject
29    to the claims of creditors of the telecommunication carrier.
30    (Source: P.A. 86-101; 86-1344.)

31        (Text of Section after amendment by P.A. 92-474)
32        Sec.   15.3.    (a)  The  corporate  authorities  of  any
33    municipality or any county may, subject to the limitations of
34    subsections (c), (d), and (h), and in  addition  to  any  tax
 
HB5709 Engrossed            -7-               LRB9213274BDdvB
 1    levied  pursuant  to Section 8-11-2 of the Illinois Municipal
 2    Code, impose a monthly surcharge  on  billed  subscribers  of
 3    network  connection  provided  by  telecommunication carriers
 4    engaged in the business of transmitting messages by means  of
 5    electricity  originating  within  the corporate limits of the
 6    municipality or county imposing the surcharge at a  rate  per
 7    network  connection  determined in accordance with subsection
 8    (c). Provided,  however,  that  where  multiple  voice  grade
 9    communications    channels    are   connected   between   the
10    subscriber's premises and a public switched  network  through
11    private  branch  exchange  (PBX)  or  centrex type service, a
12    municipality imposing a  surcharge  at  a  rate  per  network
13    connection,  as determined in accordance with this Act, shall
14    impose  5  such  surcharges  per   network   connection,   as
15    determined  in  accordance  with  subsections  (a) and (d) of
16    Section 2.12  of  this  Act.  For  mobile  telecommunications
17    services, if a surcharge is imposed it shall be imposed based
18    upon   the   municipality  or  county  that  encompasses  the
19    customer's place of primary use  as  defined  in  the  Mobile
20    Telecommunications  Sourcing  Conformity  Act. A municipality
21    may enter into an intergovernmental agreement with any county
22    in which it is partially located, when the county has adopted
23    an ordinance to impose a surcharge as provided in  subsection
24    (c),  to  include  that  portion  of  the  municipality lying
25    outside the county in that county's surcharge referendum.  If
26    the county's surcharge referendum is approved, the portion of
27    the  municipality   identified   in   the   intergovernmental
28    agreement shall automatically be disconnected from the county
29    in  which  it lies and connected to the county which approved
30    the   referendum   for   purposes   of   a    surcharge    on
31    telecommunications carriers.
32        (b)  For  purposes  of computing the surcharge imposed by
33    subsection  (a),  the  network  connections  to   which   the
34    surcharge  shall  apply  shall  be  those  in-service network
 
HB5709 Engrossed            -8-               LRB9213274BDdvB
 1    connections, other than those network connections assigned to
 2    the municipality or county, where  the  service  address  for
 3    each such network connection or connections is located within
 4    the  corporate  limits  of the municipality or county levying
 5    the surcharge. Except for mobile telecommunication  services,
 6    the  "service address" shall mean the location of the primary
 7    use of the network  connection  or  connections.  For  mobile
 8    telecommunication   services,  "service  address"  means  the
 9    customer's place of primary use  as  defined  in  the  Mobile
10    Telecommunications  Sourcing  Conformity Act. With respect to
11    network connections  provided  for  use  with  pay  telephone
12    services  for  which  there  is  no  billed  subscriber,  the
13    telecommunications  carrier  providing the network connection
14    shall be deemed to be its own billed subscriber for  purposes
15    of applying the surcharge.
16        (c)  Upon  the  passage  of  an  ordinance  to  impose  a
17    surcharge under this Section the clerk of the municipality or
18    county  shall  certify  the question of whether the surcharge
19    may be imposed to the proper  election  authority  who  shall
20    submit   the   public   question   to  the  electors  of  the
21    municipality  or  county  in  accordance  with  the   general
22    election  law;  provided  that  such  question  shall  not be
23    submitted at a consolidated  primary  election.   The  public
24    question shall be in substantially the following form:
25    -------------------------------------------------------------
26        Shall the county (or city, village
27    or incorporated town) of.....impose          YES
28    a surcharge of up to...¢ per month per
29    network connection, which surcharge will
30    be added to the monthly bill you receive   ------------------
31    for telephone or telecommunications
32    charges, for the purpose of installing
33    (or improving) a 9-1-1 Emergency             NO
34    Telephone System?
 
HB5709 Engrossed            -9-               LRB9213274BDdvB
 1    -------------------------------------------------------------
 2        If  a majority of the votes cast upon the public question
 3    are in favor thereof, the surcharge shall be imposed.
 4        However, if a Joint Emergency Telephone System  Board  is
 5    to  be  created  pursuant  to  an intergovernmental agreement
 6    under Section 15.4, the ordinance  to  impose  the  surcharge
 7    shall  be  subject to the approval of a majority of the total
 8    number of votes cast upon the public question by the electors
 9    of all of the  municipalities  or  counties,  or  combination
10    thereof, that are parties to the intergovernmental agreement.
11        The  referendum  requirement of this subsection (c) shall
12    not apply to any municipality with a population over  500,000
13    or  to  any  county  in  which  a proposition as to whether a
14    sophisticated 9-1-1  Emergency  Telephone  System  should  be
15    installed  in the county, at a cost not to exceed a specified
16    monthly amount per network connection,  has  previously  been
17    approved  by  a majority of the electors of the county voting
18    on the  proposition  at  an  election  conducted  before  the
19    effective date of this amendatory Act of 1987.
20        (d)  A   county   may  not  impose  a  surcharge,  unless
21    requested by a municipality, in any incorporated  area  which
22    has previously approved a surcharge as provided in subsection
23    (c)   or   in  any  incorporated  area  where  the  corporate
24    authorities of the municipality have previously entered  into
25    a   binding   contract   or   letter   of   intent   with   a
26    telecommunications  carrier  to  provide  sophisticated 9-1-1
27    service through municipal funds.
28        (e)  A  municipality  or  county  may  at  any  time   by
29    ordinance change the rate of the surcharge imposed under this
30    Section if the new rate does not exceed the rate specified in
31    the referendum held pursuant to subsection (c).
32        (f)  The  surcharge  authorized  by this Section shall be
33    collected  from  the  subscriber  by  the  telecommunications
34    carrier providing the subscriber the network connection as  a
 
HB5709 Engrossed            -10-              LRB9213274BDdvB
 1    separately stated item on the subscriber's bill.
 2        (g)  The   amount   of   surcharge   collected   by   the
 3    telecommunications  carrier  shall  be paid to the particular
 4    municipality or county or Joint  Emergency  Telephone  System
 5    Board   not  later  than  30  days  after  the  surcharge  is
 6    collected, net of any network or other 9-1-1 or sophisticated
 7    9-1-1   system    charges    then    due    the    particular
 8    telecommunications  carrier,  as  shown  on an itemized bill.
 9    The telecommunications carrier collecting the surcharge shall
10    also be  entitled  to  deduct  3%  of  the  gross  amount  of
11    surcharge   collected  to  reimburse  the  telecommunications
12    carrier for the expense  of  accounting  and  collecting  the
13    surcharge.
14        (h)  Except  as  expressly  provided in subsection (a) of
15    this Section, a municipality with a population  over  500,000
16    may  not  impose  a  monthly surcharge in excess of $1.25 per
17    network connection.
18        (i)  Any  municipality  or  county  or  joint   emergency
19    telephone  system board that has imposed a surcharge pursuant
20    to  this  Section  prior  to  the  effective  date  of   this
21    amendatory  Act  of 1990 shall hereafter impose the surcharge
22    in accordance with subsection (b) of this Section.
23        (j)  The corporate authorities  of  any  municipality  or
24    county  may  issue,  in  accordance with Illinois law, bonds,
25    notes or other obligations secured in whole or in part by the
26    proceeds  of  the  surcharge  described  in   this   Section.
27    Notwithstanding  any change in law subsequent to the issuance
28    of any bonds, notes  or  other  obligations  secured  by  the
29    surcharge,  every  municipality or county issuing such bonds,
30    notes or other obligations shall be authorized to impose  the
31    surcharge  as  though  the laws relating to the imposition of
32    the surcharge in effect at the time of issuance of the bonds,
33    notes or other obligations were  in  full  force  and  effect
34    until the bonds, notes or other obligations are paid in full.
 
HB5709 Engrossed            -11-              LRB9213274BDdvB
 1    The  State  of  Illinois  pledges and agrees that it will not
 2    limit or alter the rights and powers vested in municipalities
 3    and counties by this Section to impose the surcharge so as to
 4    impair the terms of or affect the security for  bonds,  notes
 5    or  other  obligations  secured  in whole or in part with the
 6    proceeds of the surcharge described in this Section.
 7        (k)  Any  surcharge  collected  by  or   imposed   on   a
 8    telecommunications  carrier pursuant to this Section shall be
 9    held to be a special fund  in  trust  for  the  municipality,
10    county  or  Joint  Emergency  Telephone  Board  imposing  the
11    surcharge.    Except   for   the  3%  deduction  provided  in
12    subsection (g) above, the special fund shall not  be  subject
13    to the claims of creditors of the telecommunication carrier.
14    (Source: P.A. 92-474, eff. 8-1-02.)

15        Section  95.   No  acceleration or delay.  Where this Act
16    makes changes in a statute that is represented in this Act by
17    text that is not yet or no longer in effect (for  example,  a
18    Section  represented  by  multiple versions), the use of that
19    text does not accelerate or delay the taking  effect  of  (i)
20    the  changes made by this Act or (ii) provisions derived from
21    any other Public Act.

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