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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 State Finance Act is amended by changing | ||||||
5 | Section 8h as follows: | ||||||
6 | (30 ILCS 105/8h)
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7 | Sec. 8h. Transfers to General Revenue Fund. | ||||||
8 | (a) Except as otherwise provided in this Section and | ||||||
9 | Section 8n of this Act, and (c), (d), or (e),
notwithstanding | ||||||
10 | any other
State law to the contrary, the Governor
may, through | ||||||
11 | June 30, 2007, from time to time direct the State Treasurer and | ||||||
12 | Comptroller to transfer
a specified sum from any fund held by | ||||||
13 | the State Treasurer to the General
Revenue Fund in order to | ||||||
14 | help defray the State's operating costs for the
fiscal year. | ||||||
15 | The total transfer under this Section from any fund in any
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16 | fiscal year shall not exceed the lesser of (i) 8% of the | ||||||
17 | revenues to be deposited
into the fund during that fiscal year | ||||||
18 | or (ii) an amount that leaves a remaining fund balance of 25% | ||||||
19 | of the July 1 fund balance of that fiscal year. In fiscal year | ||||||
20 | 2005 only, prior to calculating the July 1, 2004 final | ||||||
21 | balances, the Governor may calculate and direct the State | ||||||
22 | Treasurer with the Comptroller to transfer additional amounts | ||||||
23 | determined by applying the formula authorized in Public Act |
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1 | 93-839 to the funds balances on July 1, 2003.
No transfer may | ||||||
2 | be made from a fund under this Section that would have the
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3 | effect of reducing the available balance in the fund to an | ||||||
4 | amount less than
the amount remaining unexpended and unreserved | ||||||
5 | from the total appropriation
from that fund estimated to be | ||||||
6 | expended for that fiscal year. This Section does not apply to | ||||||
7 | any
funds that are restricted by federal law to a specific use, | ||||||
8 | to any funds in
the Motor Fuel Tax Fund, the Intercity | ||||||
9 | Passenger Rail Fund, the Hospital Provider Fund, the Medicaid | ||||||
10 | Provider Relief Fund, the Teacher Health Insurance Security | ||||||
11 | Fund, the Reviewing Court Alternative Dispute Resolution Fund, | ||||||
12 | the Voters' Guide Fund, the Foreign Language Interpreter Fund, | ||||||
13 | the Lawyers' Assistance Program Fund, the Supreme Court Federal | ||||||
14 | Projects Fund, the Supreme Court Special State Projects Fund, | ||||||
15 | the Supplemental Low-Income Energy Assistance Fund, the Good | ||||||
16 | Samaritan Energy Trust Fund, the Low-Level Radioactive Waste | ||||||
17 | Facility Development and Operation Fund, the Horse Racing | ||||||
18 | Equity Trust Fund, or the Hospital Basic Services Preservation | ||||||
19 | Fund, or to any
funds to which subsection (f) of Section 20-40 | ||||||
20 | of the Nursing and Advanced Practice Nursing Act applies. No | ||||||
21 | transfers may be made under this Section from the Pet | ||||||
22 | Population Control Fund. Notwithstanding any
other provision | ||||||
23 | of this Section, for fiscal year 2004,
the total transfer under | ||||||
24 | this Section from the Road Fund or the State
Construction | ||||||
25 | Account Fund shall not exceed the lesser of (i) 5% of the | ||||||
26 | revenues to be deposited
into the fund during that fiscal year |
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1 | or (ii) 25% of the beginning balance in the fund.
For fiscal | ||||||
2 | year 2005 through fiscal year 2007, no amounts may be | ||||||
3 | transferred under this Section from the Road Fund, the State | ||||||
4 | Construction Account Fund, the Criminal Justice Information | ||||||
5 | Systems Trust Fund, the Wireless Service Emergency Fund, or the | ||||||
6 | Mandatory Arbitration Fund.
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7 | In determining the available balance in a fund, the | ||||||
8 | Governor
may include receipts, transfers into the fund, and | ||||||
9 | other
resources anticipated to be available in the fund in that | ||||||
10 | fiscal year.
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11 | The State Treasurer and Comptroller shall transfer the | ||||||
12 | amounts designated
under this Section as soon as may be | ||||||
13 | practicable after receiving the direction
to transfer from the | ||||||
14 | Governor.
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15 | (a-5) Transfers directed to be made under this Section on | ||||||
16 | or before February 28, 2006 that are still pending on May 19, | ||||||
17 | 2006 ( the effective date of Public Act 94-774)
this amendatory | ||||||
18 | Act of the 94th General Assembly shall be redirected as | ||||||
19 | provided in Section 8n of this Act.
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20 | (b) This Section does not apply to: (i) the Ticket For The | ||||||
21 | Cure Fund; (ii) any fund established under the Community Senior | ||||||
22 | Services and Resources Act; or (iii) on or after January 1, | ||||||
23 | 2006 (the effective date of Public Act 94-511), the Child Labor | ||||||
24 | and Day and Temporary Labor Enforcement Fund. | ||||||
25 | (c) This Section does not apply to the Demutualization | ||||||
26 | Trust Fund established under the Uniform Disposition of |
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1 | Unclaimed Property Act.
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2 | (d) This Section does not apply to moneys set aside in the | ||||||
3 | Illinois State Podiatric Disciplinary Fund for podiatric | ||||||
4 | scholarships and residency programs under the Podiatric | ||||||
5 | Scholarship and Residency Act. | ||||||
6 | (e) Subsection (a) does not apply to, and no transfer may | ||||||
7 | be made under this Section from, the Pension Stabilization | ||||||
8 | Fund.
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9 | (f) This Section does not apply to the Wireless Service | ||||||
10 | Emergency Fund or the Wireless Carrier Reimbursement Fund.
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11 | (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | ||||||
12 | eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | ||||||
13 | 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | ||||||
14 | 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. | ||||||
15 | 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, | ||||||
16 | eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; | ||||||
17 | 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff. | ||||||
18 | 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839, | ||||||
19 | eff. 6-6-06; revised 6-19-06.)
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20 | Section 10. The Wireless Emergency Telephone Safety Act is | ||||||
21 | amended by changing Sections 15, 17, and 70 as follows:
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22 | (50 ILCS 751/15)
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23 | (Section scheduled to be repealed on April 1, 2008)
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24 | Sec. 15. Wireless emergency 9-1-1 service. The digits |
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1 | "9-1-1" shall be
the designated emergency telephone number | ||||||
2 | within the wireless system.
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3 | (a) Standards.
The Illinois Commerce Commission may set | ||||||
4 | non-discriminatory, uniform
technical and operational | ||||||
5 | standards consistent with the rules of the Federal
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6 | Communications Commission for directing calls to authorized | ||||||
7 | public safety
answering points. These standards shall not in | ||||||
8 | any way prescribe the
technology or manner a wireless carrier | ||||||
9 | shall use to deliver wireless 9-1-1 or
wireless E9-1-1 calls | ||||||
10 | and these standards shall not exceed the requirements set
by | ||||||
11 | the Federal Communications Commission. However, standards for | ||||||
12 | directing
calls to the authorized public safety answering point | ||||||
13 | shall be included. The
authority given to the Illinois Commerce | ||||||
14 | Commission in this Section is limited
to setting standards as | ||||||
15 | set forth herein and does not constitute authority to
regulate | ||||||
16 | wireless carriers.
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17 | (b) Wireless public safety answering points.
For the | ||||||
18 | purpose of providing wireless 9-1-1 emergency services, an | ||||||
19 | emergency
telephone system board or, in the absence of an | ||||||
20 | emergency telephone system
board, a qualified governmental | ||||||
21 | entity may declare its intention for one or
more of its public | ||||||
22 | safety answering points to serve as a primary wireless 9-1-1
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23 | public safety answering point for its jurisdiction by notifying | ||||||
24 | the Chief Clerk
of the Illinois Commerce Commission and the | ||||||
25 | Director of State Police in writing
within 6 months after the | ||||||
26 | effective date of this Act or within 6 months after
receiving |
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1 | its authority to operate a 9-1-1 system under the Emergency | ||||||
2 | Telephone
System Act, whichever is later. In addition, 2 or | ||||||
3 | more emergency telephone
system boards or
qualified units of | ||||||
4 | local government may, by virtue of an intergovernmental
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5 | agreement, provide wireless 9-1-1 service. The Department of | ||||||
6 | State Police
shall be the primary wireless 9-1-1 public safety | ||||||
7 | answering point for any
jurisdiction not providing notice to | ||||||
8 | the Commission and the Department of State
Police. Nothing in | ||||||
9 | this Act shall require the provision of wireless enhanced
9-1-1 | ||||||
10 | services.
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11 | The Illinois Commerce Commission, upon a joint request from | ||||||
12 | the Department of
State Police and a qualified
governmental | ||||||
13 | entity or an emergency telephone system board, may grant
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14 | authority to the
emergency telephone system board or a | ||||||
15 | qualified governmental entity to provide
wireless
9-1-1 | ||||||
16 | service in areas for which the Department of State Police has | ||||||
17 | accepted
wireless 9-1-1
responsibility. The Illinois Commerce | ||||||
18 | Commission shall maintain a current list
of all 9-1-1
systems | ||||||
19 | and qualified governmental entities providing wireless 9-1-1 | ||||||
20 | service
under this Act.
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21 | Any emergency telephone system board or qualified | ||||||
22 | governmental entity
providing
wireless 9-1-1 service prior to | ||||||
23 | the effective date of this Act
may continue to
operate upon | ||||||
24 | notification as previously described in this Section. An
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25 | emergency
telephone system
board or a qualified governmental | ||||||
26 | entity shall submit, with its notification,
the date
upon which |
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1 | it commenced operating.
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2 | (c) Wireless Enhanced 9-1-1 Board. The Wireless Enhanced | ||||||
3 | 9-1-1 Board is
created. The Board consists of 7
members
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4 | appointed by the Governor with the advice and consent of the | ||||||
5 | Senate.
It is recommended that the Governor appoint members | ||||||
6 | from the following: the
Illinois Chapter of the National | ||||||
7 | Emergency Numbers Association, the Illinois
State Police, law | ||||||
8 | enforcement
agencies, the wireless telecommunications | ||||||
9 | industry, an emergency
telephone system board in Cook County | ||||||
10 | (outside the City of
Chicago), an emergency telephone system | ||||||
11 | board in
the Metro-east area,
and an emergency telephone system | ||||||
12 | board in the
collar counties (Lake, McHenry, DuPage, Kane, and | ||||||
13 | Will
counties). Members of the Board
may not receive any | ||||||
14 | compensation but may, however, be reimbursed for any
necessary | ||||||
15 | expenditure in connection with their duties.
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16 | Except as provided in Section 45, the Wireless Enhanced | ||||||
17 | 9-1-1 Board shall
set the amount of the monthly wireless | ||||||
18 | surcharge required to be imposed under
Section 17 on all | ||||||
19 | wireless subscribers in this State.
Prior to the Wireless | ||||||
20 | Enhanced 9-1-1 Board setting any surcharge, the Board
shall
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21 | publish the proposed surcharge in the Illinois Register, hold | ||||||
22 | hearings on the
surcharge
and the requirements for an efficient | ||||||
23 | wireless emergency number system, and
elicit
public comment. | ||||||
24 | The Board shall determine the minimum cost necessary for
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25 | implementation of this system and the amount of revenue | ||||||
26 | produced based upon the
number of wireless telephones in use. |
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1 | The Board shall set the surcharge at the
minimum
amount | ||||||
2 | necessary to achieve the goals of the Act and shall, by July 1, | ||||||
3 | 2000,
file this
information with the Governor, the Clerk of the | ||||||
4 | House, and the Secretary of the
Senate.
The surcharge may not | ||||||
5 | be more than $0.75 per month per CMRS connection.
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6 | The Wireless Enhanced 9-1-1 Board shall report to the | ||||||
7 | General Assembly by
July 1, 2000 on implementing wireless | ||||||
8 | non-emergency services for the
purpose of public safety using | ||||||
9 | the digits 3-1-1. The Board shall consider the
delivery of | ||||||
10 | 3-1-1 services in a 6 county area, including rural Cook County
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11 | (outside of the City of Chicago), and DuPage, Lake, McHenry, | ||||||
12 | Will, and Kane
Counties, as well as counties outside of this | ||||||
13 | area by an emergency telephone
system board, a qualified | ||||||
14 | governmental entity, or private industry. The Board,
upon | ||||||
15 | completion of all its duties required under this Act, is | ||||||
16 | dissolved.
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17 | (Source: P.A. 91-660, eff. 12-22-99 .)
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18 | (50 ILCS 751/17)
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19 | (Section scheduled to be repealed on April 1, 2008)
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20 | Sec. 17. Wireless carrier surcharge.
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21 | (a) Except as provided in Section 45, each wireless
carrier | ||||||
22 | shall impose a monthly wireless carrier surcharge per CMRS | ||||||
23 | connection
that either has a telephone number within an area | ||||||
24 | code assigned to Illinois by
the North American Numbering Plan | ||||||
25 | Administrator or has a billing address in
this State.
In the |
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1 | case of prepaid wireless telephone service, this surcharge | ||||||
2 | shall be
remitted based upon the address associated with the | ||||||
3 | point of purchase, the
customer billing
address, or the | ||||||
4 | location associated with the MTN for each active prepaid
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5 | wireless telephone that has a sufficient positive balance
as of | ||||||
6 | the last day of each month, if that information is available. | ||||||
7 | No
wireless carrier
shall impose the surcharge authorized by | ||||||
8 | this
Section upon any subscriber who is subject to the | ||||||
9 | surcharge imposed by a unit
of local
government
pursuant to | ||||||
10 | Section 45.
The wireless carrier that provides wireless service | ||||||
11 | to the
subscriber shall collect the surcharge set by the | ||||||
12 | Wireless Enhanced 9-1-1 Board
from the subscriber.
For mobile | ||||||
13 | telecommunications services provided on and after August 1, | ||||||
14 | 2002,
any surcharge imposed under this Act shall be imposed | ||||||
15 | based upon the
municipality or county that encompasses
the | ||||||
16 | customer's place of primary use as defined in the Mobile | ||||||
17 | Telecommunications
Sourcing Conformity Act.
The surcharge | ||||||
18 | shall be stated as a separate item on the
subscriber's monthly | ||||||
19 | bill. The wireless carrier shall begin collecting the
surcharge | ||||||
20 | on bills issued within 90 days after the Wireless Enhanced | ||||||
21 | 9-1-1
Board sets the monthly wireless surcharge. State and | ||||||
22 | local taxes shall not
apply to the wireless carrier surcharge.
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23 | (b) Except as provided in Section 45, a wireless carrier | ||||||
24 | shall, within 45
days of collection, remit, either by check or | ||||||
25 | by electronic funds transfer, to
the State Treasurer the amount | ||||||
26 | of the wireless carrier surcharge collected
from each |
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1 | subscriber.
Of the amounts remitted under this subsection, the | ||||||
2 | State
Treasurer shall deposit one-third into the Wireless | ||||||
3 | Carrier Reimbursement Fund
and two-thirds into the Wireless | ||||||
4 | Service Emergency Fund.
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5 | (c)
The first such remittance by wireless carriers shall | ||||||
6 | include the number
of customers by zip code, and the 9-digit | ||||||
7 | zip code if currently being used or
later implemented by the | ||||||
8 | carrier, that shall be the means by which the
Illinois Commerce | ||||||
9 | Commission shall determine distributions from
the Wireless | ||||||
10 | Service Emergency Fund.
This information shall be updated no | ||||||
11 | less often than every year. Wireless
carriers are not required | ||||||
12 | to remit surcharge moneys that are billed to
subscribers but | ||||||
13 | not yet collected.
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14 | (d) The Auditor General shall conduct an audit of the | ||||||
15 | Wireless Service Emergency Fund and the Wireless Carrier | ||||||
16 | Reimbursement Fund for compliance with the requirements of this | ||||||
17 | Act. The audit shall include, but not be limited to, the | ||||||
18 | following determinations:
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19 | (1) Whether the Commission is maintaining detailed | ||||||
20 | records of all receipts and disbursements from the Wireless | ||||||
21 | Carrier Emergency Fund and the Wireless Carrier | ||||||
22 | Reimbursement Fund.
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23 | (2) Whether the Commission's administrative costs | ||||||
24 | charged to the funds are adequately documented and are | ||||||
25 | reasonable.
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26 | (3) Whether the Commission's procedures for making |
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1 | grants and providing reimbursements in accordance with the | ||||||
2 | Act are adequate.
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3 | (4) The status of the implementation of wireless 9-1-1 | ||||||
4 | and E9-1-1 services in Illinois.
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5 | The Commission, the Department of State Police, and any | ||||||
6 | other entity or person that may have information relevant to | ||||||
7 | the audit shall cooperate fully and promptly with the Office of | ||||||
8 | the Auditor General in conducting the audit. The Auditor | ||||||
9 | General shall commence the audit as soon as possible and | ||||||
10 | distribute the report upon completion in accordance with | ||||||
11 | Section 3-14 of the Illinois State Auditing Act.
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12 | (Source: P.A. 92-526, eff. 7-1-02; 93-507, eff. 1-1-04; 93-839, | ||||||
13 | eff. 7-30-04.)
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14 | (50 ILCS 751/70)
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15 | (Section scheduled to be repealed on April 1, 2008)
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16 | Sec. 70. Repealer. This Act is repealed on April 1, 2013
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17 | 2008 .
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18 | (Source: P.A. 93-507, eff. 1-1-04.)
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