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1 | An Act concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Emergency Telephone System Act is amended | ||||||
5 | by changing Sections 15.3, 15.3a, 15.5, and 99 as follows:
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6 | (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
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7 | (Section scheduled to be repealed on December 31, 2023)
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8 | Sec. 15.3. Local non-wireless surcharge. | ||||||
9 | (a) Except as provided in subsection (l) of this Section, | ||||||
10 | the corporate authorities of any municipality or any
county | ||||||
11 | may, subject to the limitations of subsections (c), (d), and | ||||||
12 | (h),
and in addition to any tax levied pursuant to the | ||||||
13 | Simplified Municipal
Telecommunications Tax Act, impose a | ||||||
14 | monthly surcharge on billed subscribers
of network connection | ||||||
15 | provided by telecommunication carriers engaged in the
business | ||||||
16 | of transmitting messages by means of electricity originating | ||||||
17 | within
the corporate limits of the municipality or county | ||||||
18 | imposing the surcharge at
a rate per network connection | ||||||
19 | determined in accordance with subsection (c), however the | ||||||
20 | monthly surcharge shall not apply to a network connection | ||||||
21 | provided for use with pay telephone services.
Provided, | ||||||
22 | however, that where multiple voice grade communications | ||||||
23 | channels
are connected between the subscriber's premises and a |
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1 | public switched network
through private branch exchange (PBX) | ||||||
2 | or centrex type service, a municipality
imposing a surcharge | ||||||
3 | at a rate per network connection, as determined in
accordance | ||||||
4 | with 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
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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
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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
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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
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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.
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24 | Subsections (i), (ii), (iii), and (iv) are not intended to |
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1 | make any change in the meaning of this Section, but are | ||||||
2 | intended to remove possible ambiguity, thereby confirming the | ||||||
3 | intent of paragraph (a) as it existed prior to and following | ||||||
4 | the effective date of this amendatory Act of the 97th General | ||||||
5 | Assembly. | ||||||
6 | For mobile telecommunications services, if a surcharge is | ||||||
7 | imposed it shall be
imposed based upon the municipality or | ||||||
8 | county that encompasses the customer's
place of primary use as | ||||||
9 | defined in the Mobile Telecommunications Sourcing
Conformity | ||||||
10 | Act. A municipality may enter into an intergovernmental
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11 | agreement with any county in which it is partially located, | ||||||
12 | when the county
has adopted an ordinance to impose a surcharge | ||||||
13 | as provided in subsection
(c), to include that portion of the | ||||||
14 | municipality lying outside the county
in that county's | ||||||
15 | surcharge referendum. If the county's surcharge
referendum is | ||||||
16 | approved, the portion of the municipality identified in the
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17 | intergovernmental agreement shall automatically be | ||||||
18 | disconnected from the
county in which it lies and connected to | ||||||
19 | the county which approved the
referendum for purposes of a | ||||||
20 | surcharge on telecommunications carriers.
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21 | (b) For purposes of computing the surcharge imposed by | ||||||
22 | subsection (a),
the network connections to which the surcharge | ||||||
23 | shall apply shall be those
in-service network connections, | ||||||
24 | other than those network connections
assigned to the | ||||||
25 | municipality or county, where the service address for each
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26 | such network connection or connections is located within the |
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1 | corporate
limits of the municipality or county levying the | ||||||
2 | surcharge. Except for mobile
telecommunication services, the | ||||||
3 | "service address" shall mean the location of
the primary use | ||||||
4 | of the network connection or connections. For mobile
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5 | telecommunication services, "service address" means the | ||||||
6 | customer's place of
primary use as defined in the Mobile | ||||||
7 | Telecommunications Sourcing Conformity
Act.
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8 | (c) Upon the passage of an ordinance to impose a surcharge | ||||||
9 | under this
Section the clerk of the municipality or county | ||||||
10 | shall certify the question
of whether the surcharge may be | ||||||
11 | imposed to the proper election authority
who shall submit the | ||||||
12 | public question to the electors of the municipality or
county | ||||||
13 | in accordance with the general election law; provided that | ||||||
14 | such
question shall not be submitted at a consolidated primary | ||||||
15 | election. The
public question shall be in substantially the | ||||||
16 | following form:
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17 | -------------------------------------------------------------
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18 | Shall the county (or city, village
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19 | or incorporated town) of ..... impose YES
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20 | a surcharge of up to ...ยข per month per
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21 | network connection, which surcharge will
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22 | be added to the monthly bill you receive ------------------
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23 | for telephone or telecommunications
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24 | charges, for the purpose of installing
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25 | (or improving) a 9-1-1 Emergency NO
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26 | Telephone System?
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1 | -------------------------------------------------------------
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2 | If a majority of the votes cast upon the public question | ||||||
3 | are in favor
thereof, the surcharge shall be imposed.
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4 | However, if a Joint Emergency Telephone System Board is to | ||||||
5 | be created
pursuant to an intergovernmental agreement under | ||||||
6 | Section 15.4, the
ordinance to impose the surcharge shall be | ||||||
7 | subject to the approval of a
majority of the total number of | ||||||
8 | votes cast upon the public question by the
electors of all of | ||||||
9 | the municipalities or counties, or combination thereof,
that | ||||||
10 | are parties to the intergovernmental agreement.
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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 on | ||||||
18 | the
proposition at an election conducted before the effective | ||||||
19 | date of this
amendatory Act of 1987.
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20 | (d) A county may not impose a surcharge, unless requested | ||||||
21 | by a
municipality, in any incorporated area which has | ||||||
22 | previously approved a
surcharge as provided in subsection (c) | ||||||
23 | or in any incorporated area where
the corporate authorities of | ||||||
24 | the municipality have previously entered into
a binding | ||||||
25 | contract or letter of intent with a telecommunications carrier | ||||||
26 | to
provide sophisticated 9-1-1 service through municipal |
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1 | funds.
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2 | (e) A municipality or county may at any time by ordinance | ||||||
3 | change the
rate of the surcharge imposed under this Section if | ||||||
4 | the new rate does not
exceed the rate specified in the | ||||||
5 | referendum held pursuant to subsection (c).
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6 | (f) The surcharge authorized by this Section shall be | ||||||
7 | collected from
the subscriber by the telecommunications | ||||||
8 | carrier providing the subscriber
the network connection as a | ||||||
9 | separately stated item on the subscriber's bill.
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10 | (g) The amount of surcharge collected by the | ||||||
11 | telecommunications carrier
shall be paid to the particular | ||||||
12 | municipality or county or Joint Emergency
Telephone System | ||||||
13 | Board not later than 30 days after the surcharge is
collected, | ||||||
14 | net of any network or other 9-1-1 or sophisticated 9-1-1 | ||||||
15 | system
charges then due the particular telecommunications | ||||||
16 | carrier, as shown on an
itemized bill. The telecommunications | ||||||
17 | carrier collecting the surcharge
shall also be entitled to | ||||||
18 | deduct 3% of the gross amount of surcharge
collected to | ||||||
19 | reimburse the telecommunications carrier for the expense of
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20 | accounting and collecting the surcharge.
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21 | (h) Except as expressly provided in subsection (a) of this | ||||||
22 | Section, on or after the effective date of this amendatory Act | ||||||
23 | of the 98th General Assembly and until December 31, 2017, a | ||||||
24 | municipality with a population of 500,000 or more shall not | ||||||
25 | impose a monthly surcharge per network connection in excess of | ||||||
26 | the highest monthly surcharge imposed as of January 1, 2014 by |
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1 | any county or municipality under subsection (c) of this | ||||||
2 | Section. Beginning January 1, 2018 and until December 31, 2025 | ||||||
3 | 2023 , a municipality with a population over 500,000 may not | ||||||
4 | impose a monthly surcharge in excess of $5.00 per network | ||||||
5 | connection. On or after January 1, 2026 2024 , a
municipality | ||||||
6 | with a population over 500,000 may not impose a
monthly | ||||||
7 | surcharge in excess of $2.50
per network connection.
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8 | (i) Any municipality or county or joint emergency | ||||||
9 | telephone system
board that has imposed a surcharge pursuant | ||||||
10 | to this Section prior to the
effective date of this amendatory | ||||||
11 | Act of 1990 shall hereafter impose the
surcharge in accordance | ||||||
12 | with subsection (b) of this Section.
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13 | (j) The corporate authorities of any municipality or | ||||||
14 | county may issue,
in accordance with Illinois law, bonds, | ||||||
15 | notes or other obligations secured
in whole or in part by the | ||||||
16 | proceeds of the surcharge described in this
Section.
The State | ||||||
17 | of Illinois pledges and agrees that it will not limit or alter
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18 | the rights and powers vested in municipalities and counties by | ||||||
19 | this Section
to impose the surcharge so as to impair the terms | ||||||
20 | of or affect the
security for bonds, notes or other | ||||||
21 | obligations secured in whole or in part
with the proceeds of | ||||||
22 | the surcharge described in this Section. The pledge and | ||||||
23 | agreement set forth in this Section survive the termination of | ||||||
24 | the surcharge under subsection (l) by virtue of the | ||||||
25 | replacement of the surcharge monies guaranteed under Section | ||||||
26 | 20; the State of Illinois pledges and agrees that it will not |
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1 | limit or alter the rights vested in municipalities and | ||||||
2 | counties to the surcharge replacement funds guaranteed under | ||||||
3 | Section 20 so as to impair the terms of or affect the security | ||||||
4 | for bonds, notes or other obligations secured in whole or in | ||||||
5 | part with the proceeds of the surcharge described in this | ||||||
6 | Section.
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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, county | ||||||
10 | or Joint Emergency Telephone Board
imposing the surcharge. | ||||||
11 | Except for the 3% deduction provided in subsection
(g) above, | ||||||
12 | the special fund shall not be subject to the claims of
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13 | creditors of the telecommunication carrier.
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14 | (l) Any surcharge imposed pursuant to this Section by a | ||||||
15 | county or municipality, other than a municipality with a | ||||||
16 | population in excess of 500,000, shall cease to be imposed on | ||||||
17 | January 1, 2016. | ||||||
18 | (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
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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 | ||||||
23 | unit of local government or emergency telephone system board | ||||||
24 | providing wireless 9-1-1 service and imposing and collecting a | ||||||
25 | wireless carrier surcharge prior to July 1, 1998 may continue |
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1 | its practices of imposing and collecting its wireless carrier | ||||||
2 | surcharge, but, except as provided in subsection (b) of this | ||||||
3 | Section, in no event shall that monthly surcharge exceed $2.50 | ||||||
4 | per commercial mobile radio service (CMRS) connection or | ||||||
5 | in-service telephone number billed on a monthly basis. For | ||||||
6 | mobile telecommunications services provided on and after | ||||||
7 | August 1, 2002, any surcharge imposed shall be imposed based | ||||||
8 | upon the municipality or county that encompasses the | ||||||
9 | customer's place of primary use as defined in the Mobile | ||||||
10 | Telecommunications Sourcing Conformity Act. | ||||||
11 | (b) Until December 31, 2017, the corporate authorities of | ||||||
12 | a municipality with a population in excess of 500,000 on the | ||||||
13 | effective date of this amendatory Act of the 99th General | ||||||
14 | Assembly may by ordinance continue to impose and collect a | ||||||
15 | monthly surcharge per commercial mobile radio service (CMRS) | ||||||
16 | connection or in-service telephone number billed on a monthly | ||||||
17 | basis that does not exceed the highest monthly surcharge | ||||||
18 | imposed as of January 1, 2014 by any county or municipality | ||||||
19 | under subsection (c) of Section 15.3 of this Act. Beginning | ||||||
20 | January 1, 2018, and until December 31, 2025 2023 , a | ||||||
21 | municipality with a population in excess of 500,000 may by | ||||||
22 | ordinance continue to impose and collect a monthly surcharge | ||||||
23 | per commercial mobile radio service (CMRS) connection or | ||||||
24 | in-service telephone number billed on a monthly basis that | ||||||
25 | does not exceed $5.00. On or after January 1, 2026 2024 , the | ||||||
26 | municipality may continue imposing and collecting its wireless |
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1 | carrier surcharge as provided in and subject to the | ||||||
2 | limitations of subsection (a) of this Section. | ||||||
3 | (c) In addition to any other lawful purpose, a | ||||||
4 | municipality with a population over 500,000 may use the moneys | ||||||
5 | collected under this Section for any anti-terrorism or | ||||||
6 | emergency preparedness measures, including, but not limited | ||||||
7 | to, preparedness planning, providing local matching funds for | ||||||
8 | federal or State grants, personnel training, and specialized | ||||||
9 | equipment, including surveillance cameras, as needed to deal | ||||||
10 | with natural and terrorist-inspired emergency situations or | ||||||
11 | events.
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12 | (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
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13 | (50 ILCS 750/15.5)
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14 | (Section scheduled to be repealed on December 31, 2023)
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15 | Sec. 15.5. Grandfathered private residential switch or | ||||||
16 | MLTS 9-1-1
service. | ||||||
17 | (a) An entity that manages or operates a private | ||||||
18 | residential switch service or shared residential or temporary | ||||||
19 | residential MLTS service that was installed on or before | ||||||
20 | February 16, 2020 shall ensure that the system is connected to | ||||||
21 | the public switched telephone network so that calls to 9-1-1 | ||||||
22 | route to the appropriate 9-1-1 jurisdiction and shall ensure | ||||||
23 | that the system includes, but is not limited to, the | ||||||
24 | capability to provide ANI, the extension number, and the ALI | ||||||
25 | containing the street address of the 9-1-1 caller who |
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1 | dispatchable location that is the
source
of the call to 9-1-1.
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2 | (b) The private residential switch or shared residential | ||||||
3 | or temporary residential MLTS service operator is responsible | ||||||
4 | for forwarding
end user ANI and ALI record information to the | ||||||
5 | 9-1-1
system
provider according to the format, frequency, and | ||||||
6 | procedures established by that
system provider.
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7 | (c) This Act does not apply to any MLTS telephone | ||||||
8 | extension that uses radio
transmissions to convey electrical | ||||||
9 | signals directly between the telephone
extension and the | ||||||
10 | serving MLTS.
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11 | (d) An entity that violates this Section is guilty of a | ||||||
12 | business
offense
and shall be fined not less than $1,000 and | ||||||
13 | not more than $5,000.
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14 | (e) Nothing in this Section shall be
construed to preclude | ||||||
15 | the Attorney General on behalf of the Illinois State Police or | ||||||
16 | on
his or her own initiative, or any other interested person, | ||||||
17 | from seeking
judicial relief, by mandamus, injunction, or | ||||||
18 | otherwise, to compel compliance
with this Section.
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19 | (Source: P.A. 102-538, eff. 8-20-21; 102-983, eff. 5-27-22.)
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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, | ||||||
23 | 2025 2023 .
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24 | (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
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25 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.
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