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Public Act 92-0557
HB5709 Enrolled LRB9213274BDdvB
AN ACT concerning telecommunications.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Emergency Telephone System Act is amended
by changing Sections 2.12 and 15.3 as follows:
(50 ILCS 750/2.12) (from Ch. 134, par. 32.12)
Sec. 2.12. (a) For the purposes of this Act, "network
connections" means the number of voice grade communications
channels directly between a subscriber and a
telecommunications carrier's public switched network, without
the intervention of any other telecommunications carrier's
switched network, which would be required to carry the
subscriber's inter-premises traffic and, which connection
either (1) is capable of providing access through the public
switched network to a 9-1-1 Emergency Telephone System if one
exists, or, (2) if no system exists at the time a surcharge
is imposed under Section 15.3 which would be capable of
providing access through the public switched network to the
local 9-1-1 Emergency Telephone System if one existed.
(b) For the purposes of this Act, no telecommunications
carrier providing facilities-based local exchange
telecommunications service prior to January 1, 1986 shall be
required to offer or provide sophisticated 9-1-1 system
features such as selective call routing in any area where
that carrier's local switching facility does not have the
capability to do so.
(c) For the purposes of this Act, "telecommunication
carrier" does not include a cellular or other mobile
communication carrier.
(d) Where multiple voice grade communication channels
are connected to a telecommunication carrier's public
switched network through a private branch exchange service
(PBX), there shall be determined to be one network connection
for each trunk line capable of transporting either the
subscriber's inter-premises traffic to the public switched
network or the subscriber's 9-1-1 calls to the public agency.
Where multiple voice grade communication channels are
connected to a telecommunication carrier's public switched
network through centrex type service, the number of network
connections shall be equal to the number of PBX trunk
equivalents for the subscriber's service, as determined by
reference to any generally applicable exchange access service
tariff filed by the subscriber's telecommunications carrier
with the Commission. This subsection is not intended to make
any change in the meaning of this Section, but is intended to
remove possible ambiguity, thereby confirming the intent of
paragraph (a) as it existed prior to and following the
effective date of this amendatory Act of 2002.
(Source: P.A. 86-101; 87-167.)
(50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
(Text of Section before amendment by P.A. 92-474)
Sec. 15.3. (a) The corporate authorities of any
municipality or any county may, subject to the limitations of
subsections (c), (d), and (h), and in addition to any tax
levied pursuant to Section 8-11-2 of the Illinois Municipal
Code, 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). 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 connection, as
determined in accordance with subsections (a) and (d) of
Section 2.12 of this 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 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.
(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. The "service address" shall mean the location
of the primary use of the network connection or connections.
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.
(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 question shall not be
submitted at a consolidated primary election. The public
question shall be in substantially the following form:
-------------------------------------------------------------
Shall the county (or city, village
or incorporated town) of.....impose YES
a surcharge of up to...¢ per month per
network connection, which surcharge will
be added to the monthly bill you receive ------------------
for telephone or telecommunications
charges, for the purpose of installing
(or improving) a 9-1-1 Emergency NO
Telephone System?
-------------------------------------------------------------
If a majority of the votes cast upon the public question
are in favor thereof, the surcharge shall be imposed.
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.
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.
(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.
(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).
(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.
(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 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.
(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 $1.25 per
network connection.
(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.
(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 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 security for bonds, notes
or other obligations secured in whole or in part with the
proceeds of the surcharge described in this Section.
(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 creditors of the telecommunication carrier.
(Source: P.A. 86-101; 86-1344.)
(Text of Section after amendment by P.A. 92-474)
Sec. 15.3. (a) The corporate authorities of any
municipality or any county may, subject to the limitations of
subsections (c), (d), and (h), and in addition to any tax
levied pursuant to Section 8-11-2 of the Illinois Municipal
Code, 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). 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 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 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.
(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
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.
(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 question shall not be
submitted at a consolidated primary election. The public
question shall be in substantially the following form:
-------------------------------------------------------------
Shall the county (or city, village
or incorporated town) of.....impose YES
a surcharge of up to...¢ per month per
network connection, which surcharge will
be added to the monthly bill you receive ------------------
for telephone or telecommunications
charges, for the purpose of installing
(or improving) a 9-1-1 Emergency NO
Telephone System?
-------------------------------------------------------------
If a majority of the votes cast upon the public question
are in favor thereof, the surcharge shall be imposed.
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.
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.
(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.
(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).
(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.
(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 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.
(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 $1.25 per
network connection.
(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.
(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 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 security for bonds, notes
or other obligations secured in whole or in part with the
proceeds of the surcharge described in this Section.
(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 creditors of the telecommunication carrier.
(Source: P.A. 92-474, eff. 8-1-02.)
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Passed in the General Assembly April 18, 2002.
Approved June 24, 2002.
Effective January 01, 2003.
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