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| Public Act 095-1012 |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Emergency Telephone System Act is amended by | ||||
changing Sections 15.3 and 15.4 as follows:
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(50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
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Sec. 15.3. Surcharge. | ||||
(a) The corporate authorities of any municipality or any
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county may, subject to the limitations of subsections (c), (d), | ||||
and (h),
and in addition to any tax levied pursuant to the | ||||
Simplified Municipal
Telecommunications Tax Act, impose a | ||||
monthly surcharge on billed subscribers
of network connection | ||||
provided by telecommunication carriers engaged in the
business | ||||
of transmitting messages by means of electricity originating | ||||
within
the corporate limits of the municipality or county | ||||
imposing the surcharge at
a rate per network connection | ||||
determined in accordance with subsection (c), however the | ||||
monthly surcharge shall not apply to a network connection | ||||
provided for use with pay telephone services.
Provided, | ||||
however, that where multiple voice grade communications | ||||
channels
are connected between the subscriber's premises and a | ||||
public switched network
through private branch exchange (PBX) | ||||
or centrex type service, a municipality
imposing a surcharge at | ||||
a rate per network connection, as determined in
accordance with | ||
this Act, shall impose 5 such surcharges per network
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connection, as determined in accordance with subsections (a) | ||
and (d) of
Section 2.12 of this Act.
For mobile | ||
telecommunications services, if a surcharge is imposed it shall | ||
be
imposed based upon the municipality or county that | ||
encompasses the customer's
place of primary use as defined in | ||
the Mobile Telecommunications Sourcing
Conformity Act. A | ||
municipality may enter into an intergovernmental
agreement | ||
with any county in which it is partially located, when the | ||
county
has adopted an ordinance to impose a surcharge as | ||
provided in subsection
(c), to include that portion of the | ||
municipality lying outside the county
in that county's | ||
surcharge referendum. If the county's surcharge
referendum is | ||
approved, the portion of the municipality identified in the
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intergovernmental agreement shall automatically be | ||
disconnected from the
county in which it lies and connected to | ||
the county which approved the
referendum for purposes of a | ||
surcharge on telecommunications carriers.
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(b) For purposes of computing the surcharge imposed by | ||
subsection (a),
the network connections to which the surcharge | ||
shall apply shall be those
in-service network connections, | ||
other than those network connections
assigned to the | ||
municipality or county, where the service address for each
such | ||
network connection or connections is located within the | ||
corporate
limits of the municipality or county levying the | ||
surcharge. Except for mobile
telecommunication services, the | ||
"service address" shall mean the location of
the primary use of | ||
the network connection or connections. For mobile
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telecommunication services, "service address" means the | ||
customer's place of
primary use as defined in the Mobile | ||
Telecommunications Sourcing Conformity
Act. With respect to | ||
network connections provided for
use with pay telephone | ||
services for which there is no billed subscriber,
the | ||
telecommunications carrier providing the network connection | ||
shall be
deemed to be its own billed subscriber for purposes of | ||
applying the surcharge.
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(c) Upon the passage of an ordinance to impose a surcharge | ||
under this
Section the clerk of the municipality or county | ||
shall certify the question
of whether the surcharge may be | ||
imposed to the proper election authority
who shall submit the | ||
public question to the electors of the municipality or
county | ||
in accordance with the general election law; provided that such
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question shall not be submitted at a consolidated primary | ||
election. The
public question shall be in substantially the | ||
following form:
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-------------------------------------------------------------
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Shall the county (or city, village
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or incorporated town) of ..... impose YES
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a surcharge of up to ...ยข per month per
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network connection, which surcharge will
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be added to the monthly bill you receive ------------------
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for telephone or telecommunications
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charges, for the purpose of installing
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(or improving) a 9-1-1 Emergency NO
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Telephone System?
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-------------------------------------------------------------
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If a majority of the votes cast upon the public question | ||
are in favor
thereof, the surcharge shall be imposed.
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However, if a Joint Emergency Telephone System Board is to | ||
be created
pursuant to an intergovernmental agreement under | ||
Section 15.4, the
ordinance to impose the surcharge shall be | ||
subject to the approval of a
majority of the total number of | ||
votes cast upon the public question by the
electors of all of | ||
the municipalities or counties, or combination thereof,
that | ||
are parties to the intergovernmental agreement.
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The referendum requirement of this subsection (c) shall not | ||
apply
to any municipality with a population over 500,000 or to | ||
any
county in which a proposition as to whether a sophisticated | ||
9-1-1 Emergency
Telephone System should be installed in the | ||
county, at a cost not to
exceed a specified monthly amount per | ||
network connection, has previously
been approved by a majority | ||
of the electors of the county voting on the
proposition at an | ||
election conducted before the effective date of this
amendatory | ||
Act of 1987.
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(d) A county may not impose a surcharge, unless requested | ||
by a
municipality, in any incorporated area which has | ||
previously approved a
surcharge as provided in subsection (c) | ||
or in any incorporated area where
the corporate authorities of | ||
the municipality have previously entered into
a binding | ||
contract or letter of intent with a telecommunications carrier | ||
to
provide sophisticated 9-1-1 service through municipal | ||
funds.
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(e) A municipality or county may at any time by ordinance | ||
change the
rate of the surcharge imposed under this Section if | ||
the new rate does not
exceed the rate specified in the | ||
referendum held pursuant to subsection (c).
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(f) The surcharge authorized by this Section shall be | ||
collected from
the subscriber by the telecommunications | ||
carrier providing the subscriber
the network connection as a | ||
separately stated item on the subscriber's bill.
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(g) The amount of surcharge collected by the | ||
telecommunications carrier
shall be paid to the particular | ||
municipality or county or Joint Emergency
Telephone System | ||
Board not later than 30 days after the surcharge is
collected, | ||
net of any network or other 9-1-1 or sophisticated 9-1-1 system
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charges then due the particular telecommunications carrier, as | ||
shown on an
itemized bill. The telecommunications carrier | ||
collecting the surcharge
shall also be entitled to deduct 3% of | ||
the gross amount of surcharge
collected to reimburse the | ||
telecommunications carrier for the expense of
accounting and | ||
collecting the surcharge.
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(h) Except as expressly provided in subsection (a) of this | ||
Section, a
municipality with a population over 500,000 may not | ||
impose a
monthly surcharge in excess of $2.50
per network | ||
connection.
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(i) Any municipality or county or joint emergency telephone | ||
system
board that has imposed a surcharge pursuant to this | ||
Section prior to the
effective date of this amendatory Act of | ||
1990 shall hereafter impose the
surcharge in accordance with | ||
subsection (b) of this Section.
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(j) The corporate authorities of any municipality or county | ||
may issue,
in accordance with Illinois law, bonds, notes or | ||
other obligations secured
in whole or in part by the proceeds | ||
of the surcharge described in this
Section. Notwithstanding any | ||
change in law subsequent to the issuance of
any bonds, notes or | ||
other obligations secured by the surcharge, every
municipality | ||
or county issuing such bonds, notes or other obligations shall
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be authorized to impose the surcharge as though the laws | ||
relating to the
imposition of the surcharge in effect at the | ||
time of issuance of the
bonds, notes or other obligations were | ||
in full force and effect until the
bonds, notes or other | ||
obligations are paid in full.
The State of Illinois pledges and | ||
agrees that it will not limit or alter
the rights and powers | ||
vested in municipalities and counties by this Section
to impose | ||
the surcharge so as to impair the terms of or affect the
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security for bonds, notes or other obligations secured in whole | ||
or in part
with the proceeds of the surcharge described in this | ||
Section.
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(k) Any surcharge collected by or imposed on a | ||
telecommunications
carrier pursuant to this Section shall be | ||
held to be a special fund in
trust for the municipality, county | ||
or Joint Emergency Telephone Board
imposing the surcharge. | ||
Except for the 3% deduction provided in subsection
(g) above, | ||
the special fund shall not be subject to the claims of
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creditors of the telecommunication carrier.
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(Source: P.A. 95-331, eff. 8-21-07; 95-698, eff. 1-1-08.)
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(50 ILCS 750/15.4) (from Ch. 134, par. 45.4)
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Sec. 15.4. Emergency Telephone System Board; powers.
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(a) The corporate authorities of any county or municipality
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that imposes a surcharge under Section 15.3 shall establish an | ||
Emergency
Telephone System Board. The corporate authorities | ||
shall provide for the
manner of appointment and the number of | ||
members of the Board, provided that
the board shall consist of | ||
not fewer than 5 members, one of whom
must be a
public member | ||
who is a resident of the local exchange service territory
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included in the 9-1-1 coverage area, one of whom (in counties | ||
with a
population less than 100,000) must be a member of the | ||
county
board, and
at least 3 of whom shall be representative of | ||
the 9-1-1 public safety agencies,
including but not limited to | ||
police departments, fire departments, emergency
medical | ||
services providers, and emergency services and disaster | ||
agencies, and
appointed on the basis of their ability or | ||
experience. In counties with a population of more than 100,000 | ||
but less than 2,000,000, a member of the county board may serve | ||
on the Emergency Telephone System Board. Elected officials are
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also eligible to serve on the board. Members of the board shall | ||
serve without
compensation but shall be reimbursed for their | ||
actual and necessary
expenses. Any 2 or more municipalities, | ||
counties, or combination thereof,
that impose a surcharge under | ||
Section 15.3 may, instead of establishing
individual boards, | ||
establish by intergovernmental agreement a Joint
Emergency | ||
Telephone System Board pursuant to this Section. The manner of
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appointment of such a joint board shall be prescribed in the | ||
agreement.
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(b) The powers and duties of the board shall be defined by | ||
ordinance
of the municipality or county, or by | ||
intergovernmental agreement in the
case of a joint board. The | ||
powers and duties shall include, but need not
be limited to the | ||
following:
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(1) Planning a 9-1-1 system.
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(2) Coordinating and supervising the implementation, | ||
upgrading, or
maintenance of the system, including the | ||
establishment of equipment
specifications and coding | ||
systems.
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(3) Receiving moneys
from the surcharge imposed under | ||
Section 15.3, and
from any other source, for deposit into | ||
the Emergency Telephone System Fund.
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(4) Authorizing all disbursements from the fund.
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(5) Hiring any staff necessary for the implementation | ||
or upgrade of the
system.
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(c) All moneys
received by a board pursuant to a surcharge | ||
imposed under
Section 15.3 shall be deposited into a separate | ||
interest-bearing
Emergency Telephone System Fund account. The | ||
treasurer of the municipality or
county that has established | ||
the board or, in the case of a joint board, any
municipal or | ||
county treasurer designated in the intergovernmental | ||
agreement,
shall be custodian of the fund. All interest | ||
accruing on the fund shall remain
in the fund. No expenditures | ||
may be made from such fund except upon the
direction of the | ||
board by resolution passed by a majority of all members of the
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board. Expenditures may be made only to pay for the costs | ||
associated with the
following:
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(1) The design of the Emergency Telephone System.
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(2) The coding of an initial Master Street Address | ||
Guide data base, and
update and maintenance thereof.
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(3) The repayment of any moneys
advanced for the | ||
implementation of
the system.
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(4) The charges for Automatic Number Identification | ||
and Automatic
Location Identification equipment,
a | ||
computer aided dispatch system that records, maintains, | ||
and integrates
information,
mobile data transmitters | ||
equipped with
automatic vehicle locators, and maintenance, | ||
replacement and
update thereof
to increase operational | ||
efficiency and improve the provision of emergency
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services.
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(5) The non-recurring charges related to installation | ||
of the Emergency
Telephone System and the ongoing network | ||
charges.
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(6) The acquisition and installation, or the | ||
reimbursement of costs
therefor to other governmental | ||
bodies that have incurred those costs, of road
or street | ||
signs that are essential to the implementation of the | ||
emergency
telephone system and that are not duplicative of | ||
signs that are the
responsibility of the jurisdiction | ||
charged with maintaining road and street
signs.
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(7) Other products and services necessary for the | ||
implementation,
upgrade, and maintenance of the system and | ||
any other purpose related to the
operation of
the system, | ||
including costs attributable directly to the construction, | ||
leasing,
or maintenance of any buildings or facilities or | ||
costs of personnel
attributable directly to the operation | ||
of the system. Costs attributable
directly to the operation | ||
of an emergency telephone system do not include the
costs | ||
of public safety agency personnel who are and equipment | ||
that is
dispatched in response to an emergency call. | ||
(8) In the case of a municipality that imposes a | ||
surcharge under subsection (h) of Section 15.3, moneys may | ||
also be used for any anti-terrorism or emergency | ||
preparedness measures, including, but not limited to, | ||
preparedness planning, providing local matching funds for | ||
federal or State grants, personnel training, and | ||
specialized equipment, including surveillance cameras as | ||
needed to deal with natural and terrorist-inspired | ||
emergency situations or events.
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Moneys in the fund may also be transferred to a | ||
participating fire protection district to reimburse volunteer | ||
firefighters who man remote telephone switching facilities | ||
when dedicated 9-1-1 lines are down.
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(d) The board shall complete the data base before | ||
implementation of the
9-1-1 system. The error ratio of the data | ||
base shall not at any time
exceed 1% of the total data base.
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(Source: P.A. 95-698, eff. 1-1-08.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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