Telecommunications Committee
Filed: 4/25/2007
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1 | AMENDMENT TO HOUSE BILL 827
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2 | AMENDMENT NO. ______. Amend House Bill 827 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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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1 | fiscal year shall not exceed the lesser of (i) 8% of the | ||||||
2 | revenues to be deposited
into the fund during that fiscal year | ||||||
3 | or (ii) an amount that leaves a remaining fund balance of 25% | ||||||
4 | of the July 1 fund balance of that fiscal year. In fiscal year | ||||||
5 | 2005 only, prior to calculating the July 1, 2004 final | ||||||
6 | balances, the Governor may calculate and direct the State | ||||||
7 | Treasurer with the Comptroller to transfer additional amounts | ||||||
8 | determined by applying the formula authorized in Public Act | ||||||
9 | 93-839 to the funds balances on July 1, 2003.
No transfer may | ||||||
10 | be made from a fund under this Section that would have the
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11 | effect of reducing the available balance in the fund to an | ||||||
12 | amount less than
the amount remaining unexpended and unreserved | ||||||
13 | from the total appropriation
from that fund estimated to be | ||||||
14 | expended for that fiscal year. This Section does not apply to | ||||||
15 | any
funds that are restricted by federal law to a specific use, | ||||||
16 | to any funds in
the Motor Fuel Tax Fund, the Intercity | ||||||
17 | Passenger Rail Fund, the Hospital Provider Fund, the Medicaid | ||||||
18 | Provider Relief Fund, the Teacher Health Insurance Security | ||||||
19 | Fund, the Reviewing Court Alternative Dispute Resolution Fund, | ||||||
20 | the Voters' Guide Fund, the Foreign Language Interpreter Fund, | ||||||
21 | the Lawyers' Assistance Program Fund, the Supreme Court Federal | ||||||
22 | Projects Fund, the Supreme Court Special State Projects Fund, | ||||||
23 | the Supplemental Low-Income Energy Assistance Fund, the Good | ||||||
24 | Samaritan Energy Trust Fund, the Low-Level Radioactive Waste | ||||||
25 | Facility Development and Operation Fund, the Horse Racing | ||||||
26 | Equity Trust Fund, or the Hospital Basic Services Preservation |
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1 | Fund, or to any
funds to which subsection (f) of Section 20-40 | ||||||
2 | of the Nursing and Advanced Practice Nursing Act applies. No | ||||||
3 | transfers may be made under this Section from the Pet | ||||||
4 | Population Control Fund. Notwithstanding any
other provision | ||||||
5 | of this Section, for fiscal year 2004,
the total transfer under | ||||||
6 | this Section from the Road Fund or the State
Construction | ||||||
7 | Account Fund shall not exceed the lesser of (i) 5% of the | ||||||
8 | revenues to be deposited
into the fund during that fiscal year | ||||||
9 | or (ii) 25% of the beginning balance in the fund.
For fiscal | ||||||
10 | year 2005 through fiscal year 2007, no amounts may be | ||||||
11 | transferred under this Section from the Road Fund, the State | ||||||
12 | Construction Account Fund, the Criminal Justice Information | ||||||
13 | Systems Trust Fund, the Wireless Service Emergency Fund, or the | ||||||
14 | Mandatory Arbitration Fund.
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15 | In determining the available balance in a fund, the | ||||||
16 | Governor
may include receipts, transfers into the fund, and | ||||||
17 | other
resources anticipated to be available in the fund in that | ||||||
18 | fiscal year.
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19 | The State Treasurer and Comptroller shall transfer the | ||||||
20 | amounts designated
under this Section as soon as may be | ||||||
21 | practicable after receiving the direction
to transfer from the | ||||||
22 | Governor.
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23 | (a-5) Transfers directed to be made under this Section on | ||||||
24 | or before February 28, 2006 that are still pending on May 19, | ||||||
25 | 2006 ( the effective date of Public Act 94-774)
this amendatory | ||||||
26 | Act of the 94th General Assembly shall be redirected as |
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1 | provided in Section 8n of this Act.
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2 | (b) This Section does not apply to: (i) the Ticket For The | ||||||
3 | Cure Fund; (ii) any fund established under the Community Senior | ||||||
4 | Services and Resources Act; or (iii) on or after January 1, | ||||||
5 | 2006 (the effective date of Public Act 94-511), the Child Labor | ||||||
6 | and Day and Temporary Labor Enforcement Fund. | ||||||
7 | (c) This Section does not apply to the Demutualization | ||||||
8 | Trust Fund established under the Uniform Disposition of | ||||||
9 | Unclaimed Property Act.
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10 | (d) This Section does not apply to moneys set aside in the | ||||||
11 | Illinois State Podiatric Disciplinary Fund for podiatric | ||||||
12 | scholarships and residency programs under the Podiatric | ||||||
13 | Scholarship and Residency Act. | ||||||
14 | (e) Subsection (a) does not apply to, and no transfer may | ||||||
15 | be made under this Section from, the Pension Stabilization | ||||||
16 | Fund.
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17 | (f) This Section does not apply to the Wireless Service | ||||||
18 | Emergency Fund or the Wireless Carrier Reimbursement Fund.
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19 | (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | ||||||
20 | eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | ||||||
21 | 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | ||||||
22 | 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. | ||||||
23 | 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, | ||||||
24 | eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; | ||||||
25 | 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff. | ||||||
26 | 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839, |
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1 | eff. 6-6-06; revised 6-19-06.)
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2 | Section 10. The Wireless Emergency Telephone Safety Act is | ||||||
3 | amended by changing Sections 10, 15, 17, 25, and 70 as follows:
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4 | (50 ILCS 751/10)
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5 | (Section scheduled to be repealed on April 1, 2008)
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6 | Sec. 10. Definitions. In this Act:
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7 | "Active prepaid wireless telephone" means a prepaid | ||||||
8 | wireless telephone
that has been used or activated by the | ||||||
9 | customer during the month to complete a
telephone call for | ||||||
10 | which the customer's card or account was decremented.
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11 | "Basic 9-1-1" means an emergency telephone system which | ||||||
12 | automatically connects 9-1-1 callers to a designated answering | ||||||
13 | point. Call routing is determined by an originating central | ||||||
14 | office only. Basic 9-1-1 may or may not support ANI or ALI.
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15 | "Emergency telephone system board"
means a board appointed | ||||||
16 | by the corporate authorities of any county or
municipality that | ||||||
17 | provides
for the management and operation of a 9-1-1 system | ||||||
18 | within the scope of the
duties and powers
prescribed by the | ||||||
19 | Emergency Telephone System Act.
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20 | "Master street address guide" means the computerized | ||||||
21 | geographical database
that consists of all street and address | ||||||
22 | data within a 9-1-1 system.
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23 | "Mobile telephone number" or "MTN" shall mean the telephone | ||||||
24 | number
assigned to a wireless telephone at the time of initial |
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1 | activation.
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2 | "Prepaid wireless telephone service" means wireless | ||||||
3 | telephone service
which is activated by payment in advance of a | ||||||
4 | finite dollar amount or for a
finite set of minutes and which, | ||||||
5 | unless an additional finite dollar amount or
finite set of | ||||||
6 | minutes is paid in advance, terminates either (i) upon
use by a | ||||||
7 | customer and delivery by the wireless carrier of an agreed-upon | ||||||
8 | amount
of service corresponding to the total dollar amount paid | ||||||
9 | in advance, or within
a certain period of time following | ||||||
10 | initial purchase or activation.
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11 | "Public safety agency" means a functional division of a | ||||||
12 | public agency that
provides fire fighting, police, medical, or | ||||||
13 | other emergency services. For the
purpose of providing wireless | ||||||
14 | service to users of 9-1-1 emergency services, as
expressly | ||||||
15 | provided for in this Act, the Department of State Police may be
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16 | considered a public safety agency.
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17 | "Qualified governmental entity"
means a unit of local | ||||||
18 | government authorized to provide 9-1-1 services
pursuant to the | ||||||
19 | Emergency Telephone System Act where no emergency telephone
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20 | system board exists.
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21 | "Statewide wireless emergency 9-1-1 system" means all | ||||||
22 | areas of the State
where an emergency telephone system board | ||||||
23 | or, in the absence of an emergency
telephone system board, a | ||||||
24 | qualified governmental entity has not declared its
intention | ||||||
25 | for one or more of its public safety answering points to serve | ||||||
26 | as a
primary wireless 9-1-1 public safety answering point for |
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1 | its jurisdiction.
The operator of the statewide wireless | ||||||
2 | emergency 9-1-1 system shall be the
Department of State Police.
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3 | "Sufficient positive balance" means a dollar amount | ||||||
4 | greater than or equal
to the monthly wireless 9-1-1 surcharge | ||||||
5 | amount.
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6 | "Wireless carrier" means a provider of two-way cellular, | ||||||
7 | broadband PCS,
geographic area 800 MHZ and 900 MHZ Commercial | ||||||
8 | Mobile Radio Service (CMRS),
Wireless Communications Service | ||||||
9 | (WCS), or other Commercial Mobile Radio Service
(CMRS), as | ||||||
10 | defined by the Federal Communications Commission, offering | ||||||
11 | radio
communications that may provide fixed, mobile, radio | ||||||
12 | location, or satellite
communication services to individuals | ||||||
13 | or businesses within its assigned
spectrum block and | ||||||
14 | geographical area or that offers real-time, two-way voice
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15 | service that is interconnected with the public switched | ||||||
16 | network, including a
reseller of such service.
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17 | "Wireless enhanced 9-1-1" means the ability to relay the | ||||||
18 | telephone number
of the originator of a 9-1-1 call and location | ||||||
19 | information from any mobile handset or text telephone
device | ||||||
20 | accessing the wireless system to the designated wireless public | ||||||
21 | safety
answering point as set forth in the order of the Federal | ||||||
22 | Communications
Commission, FCC Docket No. 94-102, adopted June | ||||||
23 | 12, 1996, with an effective
date of October 1, 1996, and any | ||||||
24 | subsequent amendment thereto.
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25 | "Wireless Phase 1" means the provision of a 9-1-1 caller's | ||||||
26 | telephone number and the location of the cell site or base |
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1 | station receiving the 9-1-1 call, as described in 47 C.F.R. | ||||||
2 | 20.18.
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3 | "Wireless Phase 2" means the provision of Phase 1 enhanced | ||||||
4 | 9-1-1 services along with the location of all 9-1-1 calls by | ||||||
5 | longitude and latitude in conformance with applicable Federal | ||||||
6 | Communications Commission accuracy requirements, as described | ||||||
7 | in 47 C.F.R. 20.18.
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8 | "Wireless public safety answering point" means the | ||||||
9 | functional division of
an emergency telephone system board, | ||||||
10 | qualified governmental entity, or the
Department of State | ||||||
11 | Police accepting wireless 9-1-1 calls.
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12 | "Wireless subscriber" means an individual or entity to whom | ||||||
13 | a wireless
service account or number has been assigned by a | ||||||
14 | wireless carrier.
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15 | "Wireless telephone service" includes prepaid wireless | ||||||
16 | telephone service
and means all "commercial mobile service", as | ||||||
17 | that term is defined in 47 CFR
20.3, including all personal | ||||||
18 | communications services, wireless radio telephone
services, | ||||||
19 | geographic area specialized and enhanced specialized mobile | ||||||
20 | radio
services, and incumbent wide area specialized mobile | ||||||
21 | radio licensees that offer
real time, two-way service that is | ||||||
22 | interconnected with the public switched
telephone network.
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23 | (Source: P.A. 93-507, eff. 1-1-04.)
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24 | (50 ILCS 751/15)
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25 | (Section scheduled to be repealed on April 1, 2008)
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1 | Sec. 15. Wireless emergency 9-1-1 service. The digits | ||||||
2 | "9-1-1" shall be
the designated emergency telephone number | ||||||
3 | within the wireless system.
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4 | (a) Standards.
The Illinois Commerce Commission may set | ||||||
5 | non-discriminatory, uniform
technical and operational | ||||||
6 | standards consistent with the rules of the Federal
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7 | Communications Commission for directing calls to authorized | ||||||
8 | public safety
answering points. These standards shall not in | ||||||
9 | any way prescribe the
technology or manner a wireless carrier | ||||||
10 | shall use to deliver wireless 9-1-1 or
wireless E9-1-1 calls | ||||||
11 | and these standards shall not exceed the requirements set
by | ||||||
12 | the Federal Communications Commission. However, standards for | ||||||
13 | directing
calls to the authorized public safety answering point | ||||||
14 | shall be included. The
authority given to the Illinois Commerce | ||||||
15 | Commission in this Section is limited
to setting standards as | ||||||
16 | set forth herein and does not constitute authority to
regulate | ||||||
17 | wireless carriers.
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18 | (b) Wireless public safety answering points.
For the | ||||||
19 | purpose of providing wireless 9-1-1 emergency services, an | ||||||
20 | emergency
telephone system board or, in the absence of an | ||||||
21 | emergency telephone system
board, a qualified governmental | ||||||
22 | entity may declare its intention for one or
more of its public | ||||||
23 | safety answering points to serve as a primary wireless 9-1-1
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24 | public safety answering point for its jurisdiction by notifying | ||||||
25 | the Chief Clerk
of the Illinois Commerce Commission and the | ||||||
26 | Director of State Police in writing
within 6 months after the |
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1 | effective date of this Act or within 6 months after
receiving | ||||||
2 | its authority to operate a 9-1-1 system under the Emergency | ||||||
3 | Telephone
System Act, whichever is later. In addition, 2 or | ||||||
4 | more emergency telephone
system boards or
qualified units of | ||||||
5 | local government may, by virtue of an intergovernmental
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6 | agreement, provide wireless 9-1-1 service. The Department of | ||||||
7 | State Police
shall be the primary wireless 9-1-1 public safety | ||||||
8 | answering point for any
jurisdiction not providing notice to | ||||||
9 | the Commission and the Department of State
Police. Nothing in | ||||||
10 | this Act shall require the provision of wireless enhanced
9-1-1 | ||||||
11 | services.
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12 | The Illinois Commerce Commission, upon a joint request from | ||||||
13 | the Department of
State Police and a qualified
governmental | ||||||
14 | entity or an emergency telephone system board, may grant
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15 | authority to the
emergency telephone system board or a | ||||||
16 | qualified governmental entity to provide
wireless
9-1-1 | ||||||
17 | service in areas for which the Department of State Police has | ||||||
18 | accepted
wireless 9-1-1
responsibility. The Illinois Commerce | ||||||
19 | Commission shall maintain a current list
of all 9-1-1
systems | ||||||
20 | and qualified governmental entities providing wireless 9-1-1 | ||||||
21 | service
under this Act.
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22 | Any emergency telephone system board or qualified | ||||||
23 | governmental entity
providing
wireless 9-1-1 service prior to | ||||||
24 | the effective date of this Act
may continue to
operate upon | ||||||
25 | notification as previously described in this Section. An
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26 | emergency
telephone system
board or a qualified governmental |
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1 | entity shall submit, with its notification,
the date
upon which | ||||||
2 | it commenced operating.
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3 | (c) Wireless Enhanced 9-1-1 Board. The Wireless Enhanced | ||||||
4 | 9-1-1 Board is
created. The Board consists of 7
members
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5 | appointed by the Governor with the advice and consent of the | ||||||
6 | Senate.
It is recommended that the Governor appoint members | ||||||
7 | from the following: the
Illinois Chapter of the National | ||||||
8 | Emergency Numbers Association, the Illinois
State Police, law | ||||||
9 | enforcement
agencies, the wireless telecommunications | ||||||
10 | industry, an emergency
telephone system board in Cook County | ||||||
11 | (outside the City of
Chicago), an emergency telephone system | ||||||
12 | board in
the Metro-east area,
and an emergency telephone system | ||||||
13 | board in the
collar counties (Lake, McHenry, DuPage, Kane, and | ||||||
14 | Will
counties). Members of the Board
may not receive any | ||||||
15 | compensation but may, however, be reimbursed for any
necessary | ||||||
16 | expenditure in connection with their duties.
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17 | Except as provided in Section 45, the Wireless Enhanced | ||||||
18 | 9-1-1 Board shall
set the amount of the monthly wireless | ||||||
19 | surcharge required to be imposed under
Section 17 on all | ||||||
20 | wireless subscribers in this State.
Prior to the Wireless | ||||||
21 | Enhanced 9-1-1 Board setting any surcharge, the Board
shall
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22 | publish the proposed surcharge in the Illinois Register, hold | ||||||
23 | hearings on the
surcharge
and the requirements for an efficient | ||||||
24 | wireless emergency number system, and
elicit
public comment. | ||||||
25 | The Board shall determine the minimum cost necessary for
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26 | implementation of this system and the amount of revenue |
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1 | produced based upon the
number of wireless telephones in use. | ||||||
2 | The Board shall set the surcharge at the
minimum
amount | ||||||
3 | necessary to achieve the goals of the Act and shall, by July 1, | ||||||
4 | 2000,
file this
information with the Governor, the Clerk of the | ||||||
5 | House, and the Secretary of the
Senate.
The surcharge may not | ||||||
6 | be more than $0.75 per month per CMRS connection.
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7 | The Wireless Enhanced 9-1-1 Board shall report to the | ||||||
8 | General Assembly by
July 1, 2000 on implementing wireless | ||||||
9 | non-emergency services for the
purpose of public safety using | ||||||
10 | the digits 3-1-1. The Board shall consider the
delivery of | ||||||
11 | 3-1-1 services in a 6 county area, including rural Cook County
| ||||||
12 | (outside of the City of Chicago), and DuPage, Lake, McHenry, | ||||||
13 | Will, and Kane
Counties, as well as counties outside of this | ||||||
14 | area by an emergency telephone
system board, a qualified | ||||||
15 | governmental entity, or private industry. The Board,
upon | ||||||
16 | completion of all its duties required under this Act, is | ||||||
17 | dissolved.
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18 | (Source: P.A. 91-660, eff. 12-22-99 .)
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19 | (50 ILCS 751/17)
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20 | (Section scheduled to be repealed on April 1, 2008)
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21 | Sec. 17. Wireless carrier surcharge.
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22 | (a) Except as provided in Section 45, each wireless
carrier | ||||||
23 | shall impose a monthly wireless carrier surcharge per CMRS | ||||||
24 | connection
that either has a telephone number within an area | ||||||
25 | code assigned to Illinois by
the North American Numbering Plan |
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1 | Administrator or has a billing address in
this State.
In the | ||||||
2 | case of prepaid wireless telephone service, this surcharge | ||||||
3 | shall be
remitted based upon the address associated with the | ||||||
4 | point of purchase, the
customer billing
address, or the | ||||||
5 | location associated with the MTN for each active prepaid
| ||||||
6 | wireless telephone that has a sufficient positive balance
as of | ||||||
7 | the last day of each month, if that information is available. | ||||||
8 | No
wireless carrier
shall impose the surcharge authorized by | ||||||
9 | this
Section upon any subscriber who is subject to the | ||||||
10 | surcharge imposed by a unit
of local
government
pursuant to | ||||||
11 | Section 45.
Before the effective date of this amendatory Act of | ||||||
12 | the 95th General Assembly, the amount of the monthly surcharge | ||||||
13 | imposed under this Section shall be the amount set by the | ||||||
14 | Wireless Enhanced 9-1-1 Board. Beginning with the first monthly | ||||||
15 | billing cycle after the effective date of this amendatory Act | ||||||
16 | of the 95th General Assembly, the amount of the monthly | ||||||
17 | surcharge imposed under this Section shall be $1.50 per CMRS | ||||||
18 | connection.
The wireless carrier that provides wireless | ||||||
19 | service to the
subscriber shall collect the surcharge set by | ||||||
20 | the Wireless Enhanced 9-1-1 Board
from the subscriber.
For | ||||||
21 | mobile telecommunications services provided on and after | ||||||
22 | August 1, 2002,
any surcharge imposed under this Act shall be | ||||||
23 | imposed based upon the
municipality or county that encompasses
| ||||||
24 | the customer's place of primary use as defined in the Mobile | ||||||
25 | Telecommunications
Sourcing Conformity Act.
The surcharge | ||||||
26 | shall be stated as a separate item on the
subscriber's monthly |
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1 | bill. The wireless carrier shall begin collecting the
surcharge | ||||||
2 | on bills issued within 90 days after the Wireless Enhanced | ||||||
3 | 9-1-1
Board sets the monthly wireless surcharge. State and | ||||||
4 | local taxes shall not
apply to the wireless carrier surcharge.
| ||||||
5 | (b) Except as provided in Section 45, a wireless carrier | ||||||
6 | shall, within 45
days of collection, remit, either by check or | ||||||
7 | by electronic funds transfer, to
the State Treasurer the amount | ||||||
8 | of the wireless carrier surcharge collected
from each | ||||||
9 | subscriber. Of the amounts remitted under this subsection, the | ||||||
10 | State Treasurer shall deposit $0.25 per surcharge collected | ||||||
11 | into the Wireless Carrier Reimbursement Fund. The remainder of | ||||||
12 | the funds shall be deposited into the Wireless Service | ||||||
13 | Emergency Fund and shall be disbursed in accordance with | ||||||
14 | Section 25 of this Act.
Of the amounts remitted under this | ||||||
15 | subsection, the State
Treasurer shall deposit one-third into | ||||||
16 | the Wireless Carrier Reimbursement Fund
and two-thirds into the | ||||||
17 | Wireless Service Emergency Fund.
| ||||||
18 | (c) In addition, each carrier shall report the total number | ||||||
19 | of surcharges collected during each remittance period, | ||||||
20 | including the 9-digit zip code assigned to the subscriber's | ||||||
21 | billing address. The carriers shall submit their reports to the | ||||||
22 | Illinois Commerce Commission, and the Commission shall rely on | ||||||
23 | the reports when making monthly grants from the Wireless | ||||||
24 | Service Emergency Fund under Section 25 of this Act.
The first | ||||||
25 | such remittance by wireless carriers shall include the number
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26 | of customers by zip code, and the 9-digit zip code if currently |
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1 | being used or
later implemented by the carrier, that shall be | ||||||
2 | the means by which the
Illinois Commerce Commission shall | ||||||
3 | determine distributions from
the Wireless Service Emergency | ||||||
4 | Fund.
This information shall be updated no less often than | ||||||
5 | every year. Wireless
carriers are not required to remit | ||||||
6 | surcharge moneys that are billed to
subscribers but not yet | ||||||
7 | collected.
| ||||||
8 | (d) The Auditor General shall conduct an audit of the | ||||||
9 | Wireless Service Emergency Fund and the Wireless Carrier | ||||||
10 | Reimbursement Fund for compliance with the requirements of this | ||||||
11 | Act. The audit shall include, but not be limited to, the | ||||||
12 | following determinations:
| ||||||
13 | (1) Whether the Commission is maintaining detailed | ||||||
14 | records of all receipts and disbursements from the Wireless | ||||||
15 | Carrier Emergency Fund and the Wireless Carrier | ||||||
16 | Reimbursement Fund.
| ||||||
17 | (2) Whether the Commission's administrative costs | ||||||
18 | charged to the funds are adequately documented and are | ||||||
19 | reasonable.
| ||||||
20 | (3) Whether the Commission's procedures for making | ||||||
21 | grants and providing reimbursements in accordance with the | ||||||
22 | Act are adequate.
| ||||||
23 | (4) The status of the implementation of wireless 9-1-1 | ||||||
24 | and E9-1-1 services in Illinois.
| ||||||
25 | The Commission, the Department of State Police, and any | ||||||
26 | other entity or person that may have information relevant to |
| |||||||
| |||||||
1 | the audit shall cooperate fully and promptly with the Office of | ||||||
2 | the Auditor General in conducting the audit. The Auditor | ||||||
3 | General shall commence the audit as soon as possible and | ||||||
4 | distribute the report upon completion in accordance with | ||||||
5 | Section 3-14 of the Illinois State Auditing Act.
| ||||||
6 | (Source: P.A. 92-526, eff. 7-1-02; 93-507, eff. 1-1-04; 93-839, | ||||||
7 | eff. 7-30-04.)
| ||||||
8 | (50 ILCS 751/25)
| ||||||
9 | (Section scheduled to be repealed on April 1, 2008)
| ||||||
10 | Sec. 25. Wireless Service Emergency Fund; distribution of | ||||||
11 | moneys.
Within 60 days after the effective date of this Act, | ||||||
12 | wireless carriers
shall submit to the Illinois Commerce | ||||||
13 | Commission the number of
wireless subscribers by zip code and | ||||||
14 | the 9-digit zip code of the wireless
subscribers, if currently | ||||||
15 | being used or later implemented by the carrier.
| ||||||
16 | The Illinois Commerce Commission shall, subject to
| ||||||
17 | appropriation, make monthly proportional grants to the | ||||||
18 | appropriate emergency
telephone system board or qualified | ||||||
19 | governmental entity based upon the reports prepared by the | ||||||
20 | carriers under subsection (c) of Section 17 of this Act.
based | ||||||
21 | upon the United
States Postal Zip Code of the wireless | ||||||
22 | subscriber's billing address.
Beginning on the effective date | ||||||
23 | of this amendatory Act of the 95th General Assembly, the grant | ||||||
24 | moneys shall be distributed as follows: | ||||||
25 | (1) each Basic 9-1-1 system in existence on the |
| |||||||
| |||||||
1 | effective date of this amendatory Act of the 95th General | ||||||
2 | Assembly and operating under a wireless plan approved by | ||||||
3 | the Illinois Commerce Commission to answer 9-1-1 calls, | ||||||
4 | including the Illinois State Police, shall receive 0.50 for | ||||||
5 | each surcharge imposed and collected from a subscriber | ||||||
6 | whose billing address is located within a zip code under | ||||||
7 | the jurisdiction of that system;
| ||||||
8 | (2) each Wireless Phase 1 system shall receive $0.50 | ||||||
9 | for each surcharge imposed and collected on or after the | ||||||
10 | effective date of this amendatory Act of the 95th General | ||||||
11 | Assembly from a subscriber whose billing address is located | ||||||
12 | within a zip code under the jurisdiction of that system; | ||||||
13 | (3) each Wireless Phase 2 system shall receive $1.25 | ||||||
14 | for each surcharge imposed and collected on or after the | ||||||
15 | effective date of this amendatory Act of the 95th General | ||||||
16 | Assembly from a subscriber whose billing address is located | ||||||
17 | within a zip code under the jurisdiction of that system; | ||||||
18 | and | ||||||
19 | (4) each Wireless Phase 1 and Wireless Phase 2 system | ||||||
20 | shall receive $0.50 for each surcharge imposed before the | ||||||
21 | effective date of this amendatory Act of the 95th General | ||||||
22 | Assembly and collected before, on, or after the effective | ||||||
23 | date of this amendatory Act of the 95th General Assembly | ||||||
24 | from a subscriber whose billing address is located within a | ||||||
25 | zip code under the jurisdiction of that system.
| ||||||
26 | No
matching funds shall be required from grant recipients.
|
| |||||||
| |||||||
1 | The Illinois Commerce Commission shall use any funds | ||||||
2 | remaining in the Wireless Service Emergency Fund after the | ||||||
3 | monthly grants have been disbursed to make additional grants to | ||||||
4 | any qualified governmental entity or emergency telephone | ||||||
5 | system board that has filed a required plan with the Illinois | ||||||
6 | Commerce Commission and has not, by referendum, adopted a | ||||||
7 | surcharge prior to the effective date of this Act. Grant moneys | ||||||
8 | shall be used for the purpose of developing a sophisticated | ||||||
9 | system, as defined in Section 2.08 of the Emergency Telephone | ||||||
10 | System Act, or for the purpose of upgrading from a Phase 1 to a | ||||||
11 | Phase 2 system.
| ||||||
12 | If the Illinois Commerce Commission is notified of an area
| ||||||
13 | of overlapping jurisdiction, grants for that area shall be made | ||||||
14 | based upon
reference to an official Master Street Address Guide | ||||||
15 | to the emergency
telephone system board or qualified | ||||||
16 | governmental entity whose public
service answering points | ||||||
17 | provide wireless 9-1-1 service in that area.
The emergency | ||||||
18 | telephone system board or qualified governmental entity shall
| ||||||
19 | provide the Illinois Commerce Commission with a valid copy of | ||||||
20 | the
appropriate Master Street Address Guide. The Illinois | ||||||
21 | Commerce Commission does not have a duty to verify | ||||||
22 | jurisdictional responsibility.
| ||||||
23 | In the event of a subscriber billing address being matched | ||||||
24 | to an incorrect
jurisdiction by the Illinois Commerce | ||||||
25 | Commission, the recipient,
upon notification from the Illinois | ||||||
26 | Commerce Commission, shall
redirect the funds to the correct |
| |||||||
| |||||||
1 | jurisdiction. The Illinois Commerce Commission
shall not be | ||||||
2 | held liable for any damages relating to an
act or omission | ||||||
3 | under this Act, unless the act or omission constitutes gross
| ||||||
4 | negligence, recklessness, or intentional misconduct.
| ||||||
5 | In the event of a dispute between emergency telephone | ||||||
6 | system boards or
qualified governmental entities concerning a | ||||||
7 | subscriber billing address, the
Illinois Commerce Commission | ||||||
8 | shall resolve the dispute.
| ||||||
9 | The Illinois Commerce Commission shall maintain detailed | ||||||
10 | records
of all receipts and disbursements and shall provide an | ||||||
11 | annual accounting of all
receipts and disbursements to the | ||||||
12 | Auditor General.
| ||||||
13 | The Illinois Commerce Commission shall adopt rules to | ||||||
14 | govern the
grant process.
| ||||||
15 | (Source: P.A. 93-839, eff. 7-30-04.)
| ||||||
16 | (50 ILCS 751/70)
| ||||||
17 | (Section scheduled to be repealed on April 1, 2008)
| ||||||
18 | Sec. 70. Repealer. This Act is repealed on April 1, 2013
| ||||||
19 | 2008 .
| ||||||
20 | (Source: P.A. 93-507, eff. 1-1-04.)".
|