HB3940 EngrossedLRB103 25395 AWJ 51742 b

1    An Act concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Emergency Telephone System Act is amended
5by changing Sections 15.3, 15.3a, 15.5, and 99 as follows:
 
6    (50 ILCS 750/15.3)  (from Ch. 134, par. 45.3)
7    (Section scheduled to be repealed on December 31, 2023)
8    Sec. 15.3. Local non-wireless surcharge.
9    (a) Except as provided in subsection (l) of this Section,
10the corporate authorities of any municipality or any county
11may, subject to the limitations of subsections (c), (d), and
12(h), and in addition to any tax levied pursuant to the
13Simplified Municipal Telecommunications Tax Act, impose a
14monthly surcharge on billed subscribers of network connection
15provided by telecommunication carriers engaged in the business
16of transmitting messages by means of electricity originating
17within the corporate limits of the municipality or county
18imposing the surcharge at a rate per network connection
19determined in accordance with subsection (c), however the
20monthly surcharge shall not apply to a network connection
21provided for use with pay telephone services. Provided,
22however, that where multiple voice grade communications
23channels are connected between the subscriber's premises and a

 

 

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1public switched network through private branch exchange (PBX)
2or centrex type service, a municipality imposing a surcharge
3at a rate per network connection, as determined in accordance
4with this Act, shall impose:
5        (i) in a municipality with a population of 500,000 or
6    less or in any county, 5 such surcharges per network
7    connection, as defined under Section 2 of this Act, for
8    both regular service and advanced service provisioned
9    trunk lines;
10        (ii) in a municipality with a population, prior to
11    March 1, 2010, of 500,000 or more, 5 surcharges per
12    network connection, as defined under Section 2 of this
13    Act, for both regular service and advanced service
14    provisioned trunk lines;
15        (iii) in a municipality with a population, as of March
16    1, 2010, of 500,000 or more, 5 surcharges per network
17    connection, as defined under Section 2 of this Act, for
18    regular service provisioned trunk lines, and 12 surcharges
19    per network connection, as defined under Section 2 of this
20    Act, for advanced service provisioned trunk lines, except
21    where an advanced service provisioned trunk line supports
22    at least 2 but fewer than 23 simultaneous voice grade
23    calls ("VGC's"), a telecommunication carrier may elect to
24    impose fewer than 12 surcharges per trunk line as provided
25    in subsection (iv) of this Section; or
26        (iv) for an advanced service provisioned trunk line

 

 

 

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1    connected between the subscriber's premises and the public
2    switched network through a P.B.X., where the advanced
3    service provisioned trunk line is capable of transporting
4    at least 2 but fewer than 23 simultaneous VGC's per trunk
5    line, the telecommunications carrier collecting the
6    surcharge may elect to impose surcharges in accordance
7    with the table provided in this Section, without limiting
8    any telecommunications carrier's obligations to otherwise
9    keep and maintain records. Any telecommunications carrier
10    electing to impose fewer than 12 surcharges per an
11    advanced service provisioned trunk line shall keep and
12    maintain records adequately to demonstrate the VGC
13    capability of each advanced service provisioned trunk line
14    with fewer than 12 surcharges imposed, provided that 12
15    surcharges shall be imposed on an advanced service
16    provisioned trunk line regardless of the VGC capability
17    where a telecommunications carrier cannot demonstrate the
18    VGC capability of the advanced service provisioned trunk
19    line.
 
20Facility VGC's 911 Surcharges
21Advanced service provisioned trunk line 18-23 12
22Advanced service provisioned trunk line 12-17 10
23Advanced service provisioned trunk line 2-11 8
24    Subsections (i), (ii), (iii), and (iv) are not intended to

 

 

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1make any change in the meaning of this Section, but are
2intended to remove possible ambiguity, thereby confirming the
3intent of paragraph (a) as it existed prior to and following
4the effective date of this amendatory Act of the 97th General
5Assembly.
6    For mobile telecommunications services, if a surcharge is
7imposed it shall be imposed based upon the municipality or
8county that encompasses the customer's place of primary use as
9defined in the Mobile Telecommunications Sourcing Conformity
10Act. A municipality may enter into an intergovernmental
11agreement with any county in which it is partially located,
12when the county has adopted an ordinance to impose a surcharge
13as provided in subsection (c), to include that portion of the
14municipality lying outside the county in that county's
15surcharge referendum. If the county's surcharge referendum is
16approved, the portion of the municipality identified in the
17intergovernmental agreement shall automatically be
18disconnected from the county in which it lies and connected to
19the county which approved the referendum for purposes of a
20surcharge on telecommunications carriers.
21    (b) For purposes of computing the surcharge imposed by
22subsection (a), the network connections to which the surcharge
23shall apply shall be those in-service network connections,
24other than those network connections assigned to the
25municipality or county, where the service address for each
26such network connection or connections is located within the

 

 

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1corporate limits of the municipality or county levying the
2surcharge. Except for mobile telecommunication services, the
3"service address" shall mean the location of the primary use
4of the network connection or connections. For mobile
5telecommunication services, "service address" means the
6customer's place of primary use as defined in the Mobile
7Telecommunications Sourcing Conformity Act.
8    (c) Upon the passage of an ordinance to impose a surcharge
9under this Section the clerk of the municipality or county
10shall certify the question of whether the surcharge may be
11imposed to the proper election authority who shall submit the
12public question to the electors of the municipality or county
13in accordance with the general election law; provided that
14such question shall not be submitted at a consolidated primary
15election. The public question shall be in substantially the
16following form:
17-------------------------------------------------------------
18    Shall the county (or city, village
19or incorporated town) of ..... impose          YES
20a surcharge of up to ...ยข per month per
21network connection, which surcharge will
22be added to the monthly bill you receive   ------------------
23for telephone or telecommunications
24charges, for the purpose of installing
25(or improving) a 9-1-1 Emergency               NO
26Telephone System?

 

 

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1-------------------------------------------------------------
2    If a majority of the votes cast upon the public question
3are in favor thereof, the surcharge shall be imposed.
4    However, if a Joint Emergency Telephone System Board is to
5be created pursuant to an intergovernmental agreement under
6Section 15.4, the ordinance to impose the surcharge shall be
7subject to the approval of a majority of the total number of
8votes cast upon the public question by the electors of all of
9the municipalities or counties, or combination thereof, that
10are parties to the intergovernmental agreement.
11    The referendum requirement of this subsection (c) shall
12not apply to any municipality with a population over 500,000
13or to any county in which a proposition as to whether a
14sophisticated 9-1-1 Emergency Telephone System should be
15installed in the county, at a cost not to exceed a specified
16monthly amount per network connection, has previously been
17approved by a majority of the electors of the county voting on
18the proposition at an election conducted before the effective
19date of this amendatory Act of 1987.
20    (d) A county may not impose a surcharge, unless requested
21by a municipality, in any incorporated area which has
22previously approved a surcharge as provided in subsection (c)
23or in any incorporated area where the corporate authorities of
24the municipality have previously entered into a binding
25contract or letter of intent with a telecommunications carrier
26to provide sophisticated 9-1-1 service through municipal

 

 

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1funds.
2    (e) A municipality or county may at any time by ordinance
3change the rate of the surcharge imposed under this Section if
4the new rate does not exceed the rate specified in the
5referendum held pursuant to subsection (c).
6    (f) The surcharge authorized by this Section shall be
7collected from the subscriber by the telecommunications
8carrier providing the subscriber the network connection as a
9separately stated item on the subscriber's bill.
10    (g) The amount of surcharge collected by the
11telecommunications carrier shall be paid to the particular
12municipality or county or Joint Emergency Telephone System
13Board not later than 30 days after the surcharge is collected,
14net of any network or other 9-1-1 or sophisticated 9-1-1
15system charges then due the particular telecommunications
16carrier, as shown on an itemized bill. The telecommunications
17carrier collecting the surcharge shall also be entitled to
18deduct 3% of the gross amount of surcharge collected to
19reimburse the telecommunications carrier for the expense of
20accounting and collecting the surcharge.
21    (h) Except as expressly provided in subsection (a) of this
22Section, on or after the effective date of this amendatory Act
23of the 98th General Assembly and until December 31, 2017, a
24municipality with a population of 500,000 or more shall not
25impose a monthly surcharge per network connection in excess of
26the highest monthly surcharge imposed as of January 1, 2014 by

 

 

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1any county or municipality under subsection (c) of this
2Section. Beginning January 1, 2018 and until December 31, 2025
32023, a municipality with a population over 500,000 may not
4impose a monthly surcharge in excess of $5.00 per network
5connection. On or after January 1, 2026 2024, a municipality
6with a population over 500,000 may not impose a monthly
7surcharge in excess of $2.50 per network connection.
8    (i) Any municipality or county or joint emergency
9telephone system board that has imposed a surcharge pursuant
10to this Section prior to the effective date of this amendatory
11Act of 1990 shall hereafter impose the surcharge in accordance
12with subsection (b) of this Section.
13    (j) The corporate authorities of any municipality or
14county may issue, in accordance with Illinois law, bonds,
15notes or other obligations secured in whole or in part by the
16proceeds of the surcharge described in this Section. The State
17of Illinois pledges and agrees that it will not limit or alter
18the rights and powers vested in municipalities and counties by
19this Section to impose the surcharge so as to impair the terms
20of or affect the security for bonds, notes or other
21obligations secured in whole or in part with the proceeds of
22the surcharge described in this Section. The pledge and
23agreement set forth in this Section survive the termination of
24the surcharge under subsection (l) by virtue of the
25replacement of the surcharge monies guaranteed under Section
2620; the State of Illinois pledges and agrees that it will not

 

 

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1limit or alter the rights vested in municipalities and
2counties to the surcharge replacement funds guaranteed under
3Section 20 so as to impair the terms of or affect the security
4for bonds, notes or other obligations secured in whole or in
5part with the proceeds of the surcharge described in this
6Section.
7    (k) Any surcharge collected by or imposed on a
8telecommunications carrier pursuant to this Section shall be
9held to be a special fund in trust for the municipality, county
10or Joint Emergency Telephone Board imposing the surcharge.
11Except for the 3% deduction provided in subsection (g) above,
12the special fund shall not be subject to the claims of
13creditors of the telecommunication carrier.
14    (l) Any surcharge imposed pursuant to this Section by a
15county or municipality, other than a municipality with a
16population in excess of 500,000, shall cease to be imposed on
17January 1, 2016.
18(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
 
19    (50 ILCS 750/15.3a)
20    (Section scheduled to be repealed on December 31, 2023)
21    Sec. 15.3a. Local wireless surcharge.
22    (a) Notwithstanding any other provision of this Act, a
23unit of local government or emergency telephone system board
24providing wireless 9-1-1 service and imposing and collecting a
25wireless carrier surcharge prior to July 1, 1998 may continue

 

 

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1its practices of imposing and collecting its wireless carrier
2surcharge, but, except as provided in subsection (b) of this
3Section, in no event shall that monthly surcharge exceed $2.50
4per commercial mobile radio service (CMRS) connection or
5in-service telephone number billed on a monthly basis. For
6mobile telecommunications services provided on and after
7August 1, 2002, any surcharge imposed shall be imposed based
8upon the municipality or county that encompasses the
9customer's place of primary use as defined in the Mobile
10Telecommunications Sourcing Conformity Act.
11    (b) Until December 31, 2017, the corporate authorities of
12a municipality with a population in excess of 500,000 on the
13effective date of this amendatory Act of the 99th General
14Assembly may by ordinance continue to impose and collect a
15monthly surcharge per commercial mobile radio service (CMRS)
16connection or in-service telephone number billed on a monthly
17basis that does not exceed the highest monthly surcharge
18imposed as of January 1, 2014 by any county or municipality
19under subsection (c) of Section 15.3 of this Act. Beginning
20January 1, 2018, and until December 31, 2025 2023, a
21municipality with a population in excess of 500,000 may by
22ordinance continue to impose and collect a monthly surcharge
23per commercial mobile radio service (CMRS) connection or
24in-service telephone number billed on a monthly basis that
25does not exceed $5.00. On or after January 1, 2026 2024, the
26municipality may continue imposing and collecting its wireless

 

 

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1carrier surcharge as provided in and subject to the
2limitations of subsection (a) of this Section.
3    (c) In addition to any other lawful purpose, a
4municipality with a population over 500,000 may use the moneys
5collected under this Section for any anti-terrorism or
6emergency preparedness measures, including, but not limited
7to, preparedness planning, providing local matching funds for
8federal or State grants, personnel training, and specialized
9equipment, including surveillance cameras, as needed to deal
10with natural and terrorist-inspired emergency situations or
11events.
12(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
 
13    (50 ILCS 750/15.5)
14    (Section scheduled to be repealed on December 31, 2023)
15    Sec. 15.5. Grandfathered private residential switch or
16MLTS 9-1-1 service.
17    (a) An entity that manages or operates a private
18residential switch service or shared residential or temporary
19residential MLTS service that was installed on or before
20February 16, 2020 shall ensure that the system is connected to
21the public switched telephone network so that calls to 9-1-1
22route to the appropriate 9-1-1 jurisdiction and shall ensure
23that the system includes, but is not limited to, the
24capability to provide ANI, the extension number, and the ALI
25containing the street address of the 9-1-1 caller who

 

 

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1dispatchable location that is the source of the call to 9-1-1.
2    (b) The private residential switch or shared residential
3or temporary residential MLTS service operator is responsible
4for forwarding end user ANI and ALI record information to the
59-1-1 system provider according to the format, frequency, and
6procedures established by that system provider.
7    (c) This Act does not apply to any MLTS telephone
8extension that uses radio transmissions to convey electrical
9signals directly between the telephone extension and the
10serving MLTS.
11    (d) An entity that violates this Section is guilty of a
12business offense and shall be fined not less than $1,000 and
13not more than $5,000.
14    (e) Nothing in this Section shall be construed to preclude
15the Attorney General on behalf of the Illinois State Police or
16on his or her own initiative, or any other interested person,
17from seeking judicial relief, by mandamus, injunction, or
18otherwise, to compel compliance with this Section.
19(Source: P.A. 102-538, eff. 8-20-21; 102-983, eff. 5-27-22.)
 
20    (50 ILCS 750/99)
21    (Section scheduled to be repealed on December 31, 2023)
22    Sec. 99. Repealer. This Act is repealed on December 31,
232025 2023.
24(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
 
25    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.