Sen. William R. Haine
Filed: 5/29/2007
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1 | AMENDMENT TO HOUSE BILL 828
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2 | AMENDMENT NO. ______. Amend House Bill 828 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Emergency Telephone System Act is amended | ||||||
5 | by changing Sections 15.3 and 15.4 as follows:
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6 | (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
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7 | Sec. 15.3. Surcharge.
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8 | (a) The corporate authorities of any municipality or any
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9 | county may, subject to the limitations of subsections (c), (d), | ||||||
10 | and (h),
and in addition to any tax levied pursuant to the | ||||||
11 | Simplified Municipal
Telecommunications Tax Act, impose a | ||||||
12 | monthly surcharge on billed subscribers
of network connection | ||||||
13 | provided by telecommunication carriers engaged in the
business | ||||||
14 | of transmitting messages by means of electricity originating | ||||||
15 | within
the corporate limits of the municipality or county | ||||||
16 | imposing the surcharge at
a rate per network connection |
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| |||||||
1 | determined in accordance with subsection (c).
Provided, | ||||||
2 | however, that where multiple voice grade communications | ||||||
3 | channels
are connected between the subscriber's premises and a | ||||||
4 | public switched network
through private branch exchange (PBX) | ||||||
5 | or centrex type service, a municipality
imposing a surcharge at | ||||||
6 | a rate per network connection, as determined in
accordance with | ||||||
7 | this Act, shall impose 5 such surcharges per network
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8 | connection, as determined in accordance with subsections (a) | ||||||
9 | and (d) of
Section 2.12 of this Act.
For mobile | ||||||
10 | telecommunications services, if a surcharge is imposed it shall | ||||||
11 | be
imposed based upon the municipality or county that | ||||||
12 | encompasses the customer's
place of primary use as defined in | ||||||
13 | the Mobile Telecommunications Sourcing
Conformity Act. A | ||||||
14 | municipality may enter into an intergovernmental
agreement | ||||||
15 | with any county in which it is partially located, when the | ||||||
16 | county
has adopted an ordinance to impose a surcharge as | ||||||
17 | provided in subsection
(c), to include that portion of the | ||||||
18 | municipality lying outside the county
in that county's | ||||||
19 | surcharge referendum. If the county's surcharge
referendum is | ||||||
20 | approved, the portion of the municipality identified in the
| ||||||
21 | intergovernmental agreement shall automatically be | ||||||
22 | disconnected from the
county in which it lies and connected to | ||||||
23 | the county which approved the
referendum for purposes of a | ||||||
24 | surcharge on telecommunications carriers.
| ||||||
25 | (b) For purposes of computing the surcharge imposed by | ||||||
26 | subsection (a),
the network connections to which the surcharge |
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1 | shall apply shall be those
in-service network connections, | ||||||
2 | other than those network connections
assigned to the | ||||||
3 | municipality or county, where the service address for each
such | ||||||
4 | network connection or connections is located within the | ||||||
5 | corporate
limits of the municipality or county levying the | ||||||
6 | surcharge. Except for mobile
telecommunication services, the | ||||||
7 | "service address" shall mean the location of
the primary use of | ||||||
8 | the network connection or connections. For mobile
| ||||||
9 | telecommunication services, "service address" means the | ||||||
10 | customer's place of
primary use as defined in the Mobile | ||||||
11 | Telecommunications Sourcing Conformity
Act. With respect to | ||||||
12 | network connections provided for
use with pay telephone | ||||||
13 | services for which there is no billed subscriber,
the | ||||||
14 | telecommunications carrier providing the network connection | ||||||
15 | shall be
deemed to be its own billed subscriber for purposes of | ||||||
16 | applying the surcharge.
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17 | (c) Upon the passage of an ordinance to impose a surcharge | ||||||
18 | under this
Section the clerk of the municipality or county | ||||||
19 | shall certify the question
of whether the surcharge may be | ||||||
20 | imposed to the proper election authority
who shall submit the | ||||||
21 | public question to the electors of the municipality or
county | ||||||
22 | in accordance with the general election law; provided that such
| ||||||
23 | question shall not be submitted at a consolidated primary | ||||||
24 | election. The
public question shall be in substantially the | ||||||
25 | following form:
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26 | -------------------------------------------------------------
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1 | Shall the county (or city, village
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2 | or incorporated town) of ..... impose YES
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3 | a surcharge of up to ...ยข per month per
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4 | network connection, which surcharge will
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5 | be added to the monthly bill you receive ------------------
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6 | for telephone or telecommunications
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7 | charges, for the purpose of installing
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8 | (or improving) a 9-1-1 Emergency NO
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9 | Telephone System?
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10 | -------------------------------------------------------------
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11 | If a majority of the votes cast upon the public question | ||||||
12 | are in favor
thereof, the surcharge shall be imposed.
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13 | However, if a Joint Emergency Telephone System Board is to | ||||||
14 | be created
pursuant to an intergovernmental agreement under | ||||||
15 | Section 15.4, the
ordinance to impose the surcharge shall be | ||||||
16 | subject to the approval of a
majority of the total number of | ||||||
17 | votes cast upon the public question by the
electors of all of | ||||||
18 | the municipalities or counties, or combination thereof,
that | ||||||
19 | are parties to the intergovernmental agreement.
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20 | The referendum requirement of this subsection (c) shall not | ||||||
21 | apply
to any municipality with a population over 500,000 or to | ||||||
22 | any
county in which a proposition as to whether a sophisticated | ||||||
23 | 9-1-1 Emergency
Telephone System should be installed in the | ||||||
24 | county, at a cost not to
exceed a specified monthly amount per | ||||||
25 | network connection, has previously
been approved by a majority | ||||||
26 | of the electors of the county voting on the
proposition at an |
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1 | election conducted before the effective date of this
amendatory | ||||||
2 | Act of 1987.
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3 | (d) A county may not impose a surcharge, unless requested | ||||||
4 | by a
municipality, in any incorporated area which has | ||||||
5 | previously approved a
surcharge as provided in subsection (c) | ||||||
6 | or in any incorporated area where
the corporate authorities of | ||||||
7 | the municipality have previously entered into
a binding | ||||||
8 | contract or letter of intent with a telecommunications carrier | ||||||
9 | to
provide sophisticated 9-1-1 service through municipal | ||||||
10 | funds.
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11 | (e) A municipality or county may at any time by ordinance | ||||||
12 | change the
rate of the surcharge imposed under this Section if | ||||||
13 | the new rate does not
exceed the rate specified in the | ||||||
14 | referendum held pursuant to subsection (c).
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15 | (f) The surcharge authorized by this Section shall be | ||||||
16 | collected from
the subscriber by the telecommunications | ||||||
17 | carrier providing the subscriber
the network connection as a | ||||||
18 | separately stated item on the subscriber's bill.
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19 | (g) The amount of surcharge collected by the | ||||||
20 | telecommunications carrier
shall be paid to the particular | ||||||
21 | municipality or county or Joint Emergency
Telephone System | ||||||
22 | Board not later than 30 days after the surcharge is
collected, | ||||||
23 | net of any network or other 9-1-1 or sophisticated 9-1-1 system
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24 | charges then due the particular telecommunications carrier, as | ||||||
25 | shown on an
itemized bill. The telecommunications carrier | ||||||
26 | collecting the surcharge
shall also be entitled to deduct 3% of |
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1 | the gross amount of surcharge
collected to reimburse the | ||||||
2 | telecommunications carrier for the expense of
accounting and | ||||||
3 | collecting the surcharge.
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4 | (h) Except as expressly provided in subsection (a) of this | ||||||
5 | Section, a
municipality with a population over 500,000 may not | ||||||
6 | impose a
monthly surcharge in excess of $2.50
$1.25 per network | ||||||
7 | connection.
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8 | (i) Any municipality or county or joint emergency telephone | ||||||
9 | system
board that has imposed a surcharge pursuant to this | ||||||
10 | Section prior to the
effective date of this amendatory Act of | ||||||
11 | 1990 shall hereafter impose the
surcharge in accordance with | ||||||
12 | subsection (b) of this Section.
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13 | (j) The corporate authorities of any municipality or county | ||||||
14 | may issue,
in accordance with Illinois law, bonds, notes or | ||||||
15 | other obligations secured
in whole or in part by the proceeds | ||||||
16 | of the surcharge described in this
Section. Notwithstanding any | ||||||
17 | change in law subsequent to the issuance of
any bonds, notes or | ||||||
18 | other obligations secured by the surcharge, every
municipality | ||||||
19 | or county issuing such bonds, notes or other obligations shall
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20 | be authorized to impose the surcharge as though the laws | ||||||
21 | relating to the
imposition of the surcharge in effect at the | ||||||
22 | time of issuance of the
bonds, notes or other obligations were | ||||||
23 | in full force and effect until the
bonds, notes or other | ||||||
24 | obligations are paid in full.
The State of Illinois pledges and | ||||||
25 | agrees that it will not limit or alter
the rights and powers | ||||||
26 | vested in municipalities and counties by this Section
to impose |
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1 | the surcharge so as to impair the terms of or affect the
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2 | security for bonds, notes or other obligations secured in whole | ||||||
3 | or in part
with the proceeds of the surcharge described in this | ||||||
4 | Section.
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5 | (k) Any surcharge collected by or imposed on a | ||||||
6 | telecommunications
carrier pursuant to this Section shall be | ||||||
7 | held to be a special fund in
trust for the municipality, county | ||||||
8 | or Joint Emergency Telephone Board
imposing the surcharge. | ||||||
9 | Except for the 3% deduction provided in subsection
(g) above, | ||||||
10 | the special fund shall not be subject to the claims of
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11 | creditors of the telecommunication carrier.
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12 | (Source: P.A. 92-474, eff. 8-1-02; 92-526, eff. 1-1-03; 92-557, | ||||||
13 | eff. 1-1-03;
revised 10-2-02.)
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14 | (50 ILCS 750/15.4) (from Ch. 134, par. 45.4)
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15 | Sec. 15.4. Emergency Telephone System Board; powers.
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16 | (a) The corporate authorities of any county or municipality
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17 | that imposes a surcharge under Section 15.3 shall establish an | ||||||
18 | Emergency
Telephone System Board. The corporate authorities | ||||||
19 | shall provide for the
manner of appointment and the number of | ||||||
20 | members of the Board, provided that
the board shall consist of | ||||||
21 | not fewer than 5 members, one of whom
must be a
public member | ||||||
22 | who is a resident of the local exchange service territory
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23 | included in the 9-1-1 coverage area, one of whom (in counties | ||||||
24 | with a
population less than 100,000) must be a member of the | ||||||
25 | county
board, and
at least 3 of whom shall be representative of |
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1 | the 9-1-1 public safety agencies,
including but not limited to | ||||||
2 | police departments, fire departments, emergency
medical | ||||||
3 | services providers, and emergency services and disaster | ||||||
4 | agencies, and
appointed on the basis of their ability or | ||||||
5 | experience. Elected officials are
also eligible to serve on the | ||||||
6 | board. Members of the board shall serve without
compensation | ||||||
7 | but shall be reimbursed for their actual and necessary
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8 | expenses. Any 2 or more municipalities, counties, or | ||||||
9 | combination thereof,
that impose a surcharge under Section 15.3 | ||||||
10 | may, instead of establishing
individual boards, establish by | ||||||
11 | intergovernmental agreement a Joint
Emergency Telephone System | ||||||
12 | Board pursuant to this Section. The manner of
appointment of | ||||||
13 | such a joint board shall be prescribed in the agreement.
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14 | (b) The powers and duties of the board shall be defined by | ||||||
15 | ordinance
of the municipality or county, or by | ||||||
16 | intergovernmental agreement in the
case of a joint board. The | ||||||
17 | powers and duties shall include, but need not
be limited to the | ||||||
18 | following:
| ||||||
19 | (1) Planning a 9-1-1 system.
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20 | (2) Coordinating and supervising the implementation, | ||||||
21 | upgrading, or
maintenance of the system, including the | ||||||
22 | establishment of equipment
specifications and coding | ||||||
23 | systems.
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24 | (3) Receiving monies from the surcharge imposed under | ||||||
25 | Section 15.3, and
from any other source, for deposit into | ||||||
26 | the Emergency Telephone System Fund.
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1 | (4) Authorizing all disbursements from the fund.
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2 | (5) Hiring any staff necessary for the implementation | ||||||
3 | or upgrade of the
system.
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4 | (c) All monies received by a board pursuant to a surcharge | ||||||
5 | imposed under
Section 15.3 shall be deposited into a separate | ||||||
6 | interest-bearing
Emergency Telephone System Fund account. The | ||||||
7 | treasurer of the municipality or
county that has established | ||||||
8 | the board or, in the case of a joint board, any
municipal or | ||||||
9 | county treasurer designated in the intergovernmental | ||||||
10 | agreement,
shall be custodian of the fund. All interest | ||||||
11 | accruing on the fund shall remain
in the fund. No expenditures | ||||||
12 | may be made from such fund except upon the
direction of the | ||||||
13 | board by resolution passed by a majority of all members of the
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14 | board. Expenditures may be made only to pay for the costs | ||||||
15 | associated with the
following:
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16 | (1) The design of the Emergency Telephone System.
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17 | (2) The coding of an initial Master Street Address | ||||||
18 | Guide data base, and
update and maintenance thereof.
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19 | (3) The repayment of any monies advanced for the | ||||||
20 | implementation of
the system.
| ||||||
21 | (4) The charges for Automatic Number Identification | ||||||
22 | and Automatic
Location Identification equipment,
a | ||||||
23 | computer aided dispatch system that records, maintains, | ||||||
24 | and integrates
information,
mobile data transmitters | ||||||
25 | equipped with
automatic vehicle locators, and maintenance, | ||||||
26 | replacement and
update thereof
to increase operational |
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1 | efficiency and improve the provision of emergency
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2 | services.
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3 | (5) The non-recurring charges related to installation | ||||||
4 | of the Emergency
Telephone System and the ongoing network | ||||||
5 | charges.
| ||||||
6 | (6) The acquisition and installation, or the | ||||||
7 | reimbursement of costs
therefor to other governmental | ||||||
8 | bodies that have incurred those costs, of road
or street | ||||||
9 | signs that are essential to the implementation of the | ||||||
10 | emergency
telephone system and that are not duplicative of | ||||||
11 | signs that are the
responsibility of the jurisdiction | ||||||
12 | charged with maintaining road and street
signs.
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13 | (7) Other products and services necessary for the | ||||||
14 | implementation,
upgrade, and maintenance of the system and | ||||||
15 | any other purpose related to the
operation of
the system, | ||||||
16 | including costs attributable directly to the construction, | ||||||
17 | leasing,
or maintenance of any buildings or facilities or | ||||||
18 | costs of personnel
attributable directly to the operation | ||||||
19 | of the system. Costs attributable
directly to the operation | ||||||
20 | of an emergency telephone system do not include the
costs | ||||||
21 | of public safety agency personnel who are and equipment | ||||||
22 | that is
dispatched in response to an emergency call. | ||||||
23 | (8) In the case of a municipality that imposes a | ||||||
24 | surcharge under subsection (h) of Section 15.3, moneys may | ||||||
25 | also be used for any anti-terrorism or emergency | ||||||
26 | preparedness measures, including, but not limited to, |
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1 | preparedness planning, providing local matching funds for | ||||||
2 | federal or State grants, personnel training, and | ||||||
3 | specialized equipment, including surveillance cameras as | ||||||
4 | needed to deal with natural and terrorist-inspired | ||||||
5 | emergency situations or events.
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6 | (d) The board shall complete the data base before | ||||||
7 | implementation of the
9-1-1 system. The error ratio of the data | ||||||
8 | base shall not at any time
exceed 1% of the total data base.
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9 | (Source: P.A. 92-202, eff. 1-1-02.)
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10 | Section 10. The Wireless Emergency Telephone Safety Act is | ||||||
11 | amended by changing Sections 15, 17, 25, 35, 45, and 70 as | ||||||
12 | follows:
| ||||||
13 | (50 ILCS 751/15)
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14 | (Section scheduled to be repealed on April 1, 2008)
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15 | Sec. 15. Wireless emergency 9-1-1 service. The digits | ||||||
16 | "9-1-1" shall be
the designated emergency telephone number | ||||||
17 | within the wireless system.
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18 | (a) Standards.
The Illinois Commerce Commission may set | ||||||
19 | non-discriminatory, uniform
technical and operational | ||||||
20 | standards consistent with the rules of the Federal
| ||||||
21 | Communications Commission for directing calls to authorized | ||||||
22 | public safety
answering points. These standards shall not in | ||||||
23 | any way prescribe the
technology or manner a wireless carrier | ||||||
24 | shall use to deliver wireless 9-1-1 or
wireless E9-1-1 calls |
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| |||||||
1 | and these standards shall not exceed the requirements set
by | ||||||
2 | the Federal Communications Commission. However, standards for | ||||||
3 | directing
calls to the authorized public safety answering point | ||||||
4 | shall be included. The
authority given to the Illinois Commerce | ||||||
5 | Commission in this Section is limited
to setting standards as | ||||||
6 | set forth herein and does not constitute authority to
regulate | ||||||
7 | wireless carriers.
| ||||||
8 | (b) Wireless public safety answering points.
For the | ||||||
9 | purpose of providing wireless 9-1-1 emergency services, an | ||||||
10 | emergency
telephone system board or, in the absence of an | ||||||
11 | emergency telephone system
board, a qualified governmental | ||||||
12 | entity may declare its intention for one or
more of its public | ||||||
13 | safety answering points to serve as a primary wireless 9-1-1
| ||||||
14 | public safety answering point for its jurisdiction by notifying | ||||||
15 | the Chief Clerk
of the Illinois Commerce Commission and the | ||||||
16 | Director of State Police in writing
within 6 months after the | ||||||
17 | effective date of this Act or within 6 months after
receiving | ||||||
18 | its authority to operate a 9-1-1 system under the Emergency | ||||||
19 | Telephone
System Act, whichever is later. In addition, 2 or | ||||||
20 | more emergency telephone
system boards or
qualified units of | ||||||
21 | local government may, by virtue of an intergovernmental
| ||||||
22 | agreement, provide wireless 9-1-1 service. The Department of | ||||||
23 | State Police
shall be the primary wireless 9-1-1 public safety | ||||||
24 | answering point for any
jurisdiction not providing notice to | ||||||
25 | the Commission and the Department of State
Police. Nothing in | ||||||
26 | this Act shall require the provision of wireless enhanced
9-1-1 |
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1 | services.
| ||||||
2 | The Illinois Commerce Commission, upon a joint request from | ||||||
3 | the Department of
State Police and a qualified
governmental | ||||||
4 | entity or an emergency telephone system board, may grant
| ||||||
5 | authority to the
emergency telephone system board or a | ||||||
6 | qualified governmental entity to provide
wireless
9-1-1 | ||||||
7 | service in areas for which the Department of State Police has | ||||||
8 | accepted
wireless 9-1-1
responsibility. The Illinois Commerce | ||||||
9 | Commission shall maintain a current list
of all 9-1-1
systems | ||||||
10 | and qualified governmental entities providing wireless 9-1-1 | ||||||
11 | service
under this Act.
| ||||||
12 | Any emergency telephone system board or qualified | ||||||
13 | governmental entity
providing
wireless 9-1-1 service prior to | ||||||
14 | the effective date of this Act
may continue to
operate upon | ||||||
15 | notification as previously described in this Section. An
| ||||||
16 | emergency
telephone system
board or a qualified governmental | ||||||
17 | entity shall submit, with its notification,
the date
upon which | ||||||
18 | it commenced operating.
| ||||||
19 | (c) Wireless Enhanced 9-1-1 Board. The Wireless Enhanced | ||||||
20 | 9-1-1 Board is
created. The Board consists of 7
members
| ||||||
21 | appointed by the Governor with the advice and consent of the | ||||||
22 | Senate.
It is recommended that the Governor appoint members | ||||||
23 | from the following: the
Illinois Chapter of the National | ||||||
24 | Emergency Numbers Association, the Illinois
State Police, law | ||||||
25 | enforcement
agencies, the wireless telecommunications | ||||||
26 | industry, an emergency
telephone system board in Cook County |
| |||||||
| |||||||
1 | (outside the City of
Chicago), an emergency telephone system | ||||||
2 | board in
the Metro-east area,
and an emergency telephone system | ||||||
3 | board in the
collar counties (Lake, McHenry, DuPage, Kane, and | ||||||
4 | Will
counties). Members of the Board
may not receive any | ||||||
5 | compensation but may, however, be reimbursed for any
necessary | ||||||
6 | expenditure in connection with their duties.
| ||||||
7 | Except as provided in Section 45, the Wireless Enhanced | ||||||
8 | 9-1-1 Board shall
set the amount of the monthly wireless | ||||||
9 | surcharge required to be imposed under
Section 17 on all | ||||||
10 | wireless subscribers in this State.
Prior to the Wireless | ||||||
11 | Enhanced 9-1-1 Board setting any surcharge, the Board
shall
| ||||||
12 | publish the proposed surcharge in the Illinois Register, hold | ||||||
13 | hearings on the
surcharge
and the requirements for an efficient | ||||||
14 | wireless emergency number system, and
elicit
public comment. | ||||||
15 | The Board shall determine the minimum cost necessary for
| ||||||
16 | implementation of this system and the amount of revenue | ||||||
17 | produced based upon the
number of wireless telephones in use. | ||||||
18 | The Board shall set the surcharge at the
minimum
amount | ||||||
19 | necessary to achieve the goals of the Act and shall, by July 1, | ||||||
20 | 2000,
file this
information with the Governor, the Clerk of the | ||||||
21 | House, and the Secretary of the
Senate.
The surcharge may not | ||||||
22 | be more than $0.75 per month per CMRS connection.
| ||||||
23 | The Wireless Enhanced 9-1-1 Board shall report to the | ||||||
24 | General Assembly by
July 1, 2000 on implementing wireless | ||||||
25 | non-emergency services for the
purpose of public safety using | ||||||
26 | the digits 3-1-1. The Board shall consider the
delivery of |
| |||||||
| |||||||
1 | 3-1-1 services in a 6 county area, including rural Cook County
| ||||||
2 | (outside of the City of Chicago), and DuPage, Lake, McHenry, | ||||||
3 | Will, and Kane
Counties, as well as counties outside of this | ||||||
4 | area by an emergency telephone
system board, a qualified | ||||||
5 | governmental entity, or private industry. The Board,
upon | ||||||
6 | completion of all its duties required under this Act, is | ||||||
7 | dissolved.
| ||||||
8 | (Source: P.A. 91-660, eff. 12-22-99 .)
| ||||||
9 | (50 ILCS 751/17)
| ||||||
10 | (Section scheduled to be repealed on April 1, 2008)
| ||||||
11 | Sec. 17. Wireless carrier surcharge.
| ||||||
12 | (a) Except as provided in Section 45, each wireless
carrier | ||||||
13 | shall impose a monthly wireless carrier surcharge per CMRS | ||||||
14 | connection
that either has a telephone number within an area | ||||||
15 | code assigned to Illinois by
the North American Numbering Plan | ||||||
16 | Administrator or has a billing address in
this State.
In the | ||||||
17 | case of prepaid wireless telephone service, this surcharge | ||||||
18 | shall be
remitted based upon the address associated with the | ||||||
19 | point of purchase, the
customer billing
address, or the | ||||||
20 | location associated with the MTN for each active prepaid
| ||||||
21 | wireless telephone that has a sufficient positive balance
as of | ||||||
22 | the last day of each month, if that information is available. | ||||||
23 | No
wireless carrier
shall impose the surcharge authorized by | ||||||
24 | this
Section upon any subscriber who is subject to the | ||||||
25 | surcharge imposed by a unit
of local
government
pursuant to |
| |||||||
| |||||||
1 | Section 45.
Prior to the effective date of this amendatory Act | ||||||
2 | of the 95th General Assembly, the surcharge amount shall be the | ||||||
3 | amount set by the Wireless Enhanced 9-1-1 Board. Beginning on | ||||||
4 | the effective date of this amendatory Act of the 95th General | ||||||
5 | Assembly, the monthly surcharge imposed under this Section | ||||||
6 | shall be $0.73 per CMRS connection. The wireless carrier that | ||||||
7 | provides wireless service to the
subscriber shall collect the | ||||||
8 | surcharge set by the Wireless Enhanced 9-1-1 Board
from the | ||||||
9 | subscriber.
For mobile telecommunications services provided on | ||||||
10 | and after August 1, 2002,
any surcharge imposed under this Act | ||||||
11 | shall be imposed based upon the
municipality or county that | ||||||
12 | encompasses
the customer's place of primary use as defined in | ||||||
13 | the Mobile Telecommunications
Sourcing Conformity Act.
The | ||||||
14 | surcharge shall be stated as a separate item on the
| ||||||
15 | subscriber's monthly bill. The wireless carrier shall begin | ||||||
16 | collecting the
surcharge on bills issued within 90 days after | ||||||
17 | the Wireless Enhanced 9-1-1
Board sets the monthly wireless | ||||||
18 | surcharge. State and local taxes shall not
apply to the | ||||||
19 | wireless carrier surcharge.
| ||||||
20 | (b) Except as provided in Section 45, a wireless carrier | ||||||
21 | shall, within 45
days of collection, remit, either by check or | ||||||
22 | by electronic funds transfer, to
the State Treasurer the amount | ||||||
23 | of the wireless carrier surcharge collected
from each | ||||||
24 | subscriber.
Of the amounts remitted under this subsection prior | ||||||
25 | to the effective date of this amendatory Act of the 95th | ||||||
26 | General Assembly, and for surcharges imposed before the |
| |||||||
| |||||||
1 | effective date of this amendatory Act of the 95th General | ||||||
2 | Assembly but remitted after its effective date , the State
| ||||||
3 | Treasurer shall deposit one-third into the Wireless Carrier | ||||||
4 | Reimbursement Fund
and two-thirds into the Wireless Service | ||||||
5 | Emergency Fund. For surcharges collected and remitted on or | ||||||
6 | after the effective date of this amendatory Act of the 95th | ||||||
7 | General Assembly, $0.1475 per surcharge collected shall be | ||||||
8 | deposited into the Wireless Carrier Reimbursement Fund, and | ||||||
9 | $0.5825 per surcharge collected shall be deposited into the | ||||||
10 | Wireless Service Emergency Fund. Of the amounts deposited into | ||||||
11 | the Wireless Carrier Reimbursement Fund under this subsection, | ||||||
12 | $0.01 per surcharge collected may be distributed to the | ||||||
13 | carriers to cover their administrative costs. Of the amounts | ||||||
14 | deposited into the Wireless Service Emergency Fund under this | ||||||
15 | subsection, $0.01 per surcharge collected may be disbursed to | ||||||
16 | the Illinois Commerce Commission to cover its administrative | ||||||
17 | costs.
| ||||||
18 | (c)
The first such remittance by wireless carriers shall | ||||||
19 | include the number
of customers by zip code, and the 9-digit | ||||||
20 | zip code if currently being used or
later implemented by the | ||||||
21 | carrier, that shall be the means by which the
Illinois Commerce | ||||||
22 | Commission shall determine distributions from
the Wireless | ||||||
23 | Service Emergency Fund.
This information shall be updated no | ||||||
24 | less often than every year. Wireless
carriers are not required | ||||||
25 | to remit surcharge moneys that are billed to
subscribers but | ||||||
26 | not yet collected.
|
| |||||||
| |||||||
1 | (d) Notwithstanding any provision of law to the contrary, | ||||||
2 | nothing shall impair the right of wireless carriers to recover | ||||||
3 | compliance costs for all emergency communications services | ||||||
4 | directly from their customers via line-item charges on the | ||||||
5 | customer's bill. Those compliance costs include all costs | ||||||
6 | incurred by wireless carriers in complying with local, State, | ||||||
7 | and federal regulatory or legislative mandates that require the | ||||||
8 | transmission and receipt of emergency communications to and | ||||||
9 | from the general public, including, but not limited to, E-911.
| ||||||
10 | (e) The Auditor General shall conduct, on an annual basis, | ||||||
11 | an audit of the Wireless Service Emergency Fund and the | ||||||
12 | Wireless Carrier Reimbursement Fund for compliance with the | ||||||
13 | requirements of this Act. The audit shall include, but not be | ||||||
14 | limited to, the following determinations:
| ||||||
15 | (1) Whether the Commission is maintaining detailed | ||||||
16 | records of all receipts and disbursements from the Wireless | ||||||
17 | Carrier Emergency Fund and the Wireless Carrier | ||||||
18 | Reimbursement Fund.
| ||||||
19 | (2) Whether the Commission's administrative costs | ||||||
20 | charged to the funds are adequately documented and are | ||||||
21 | reasonable.
| ||||||
22 | (3) Whether the Commission's procedures for making | ||||||
23 | grants and providing reimbursements in accordance with the | ||||||
24 | Act are adequate.
| ||||||
25 | (4) The status of the implementation of wireless 9-1-1 | ||||||
26 | and E9-1-1 services in Illinois.
|
| |||||||
| |||||||
1 | The Commission, the Department of State Police, and any | ||||||
2 | other entity or person that may have information relevant to | ||||||
3 | the audit shall cooperate fully and promptly with the Office of | ||||||
4 | the Auditor General in conducting the audit. The Auditor | ||||||
5 | General shall commence the audit as soon as possible and | ||||||
6 | distribute the report upon completion in accordance with | ||||||
7 | Section 3-14 of the Illinois State Auditing Act.
| ||||||
8 | (Source: P.A. 92-526, eff. 7-1-02; 93-507, eff. 1-1-04; 93-839, | ||||||
9 | eff. 7-30-04.)
| ||||||
10 | (50 ILCS 751/25)
| ||||||
11 | (Section scheduled to be repealed on April 1, 2008)
| ||||||
12 | Sec. 25. Wireless Service Emergency Fund; distribution of | ||||||
13 | moneys.
Within 60 days after the effective date of this Act, | ||||||
14 | wireless carriers
shall submit to the Illinois Commerce | ||||||
15 | Commission the number of
wireless subscribers by zip code and | ||||||
16 | the 9-digit zip code of the wireless
subscribers, if currently | ||||||
17 | being used or later implemented by the carrier.
| ||||||
18 | The Illinois Commerce Commission shall, subject to
| ||||||
19 | appropriation, make monthly proportional grants to the | ||||||
20 | appropriate emergency
telephone system board or qualified | ||||||
21 | governmental entity based upon the United
States Postal Zip | ||||||
22 | Code of the wireless subscriber's billing address. No
matching | ||||||
23 | funds shall be required from grant recipients.
| ||||||
24 | If the Illinois Commerce Commission is notified of an area
| ||||||
25 | of overlapping jurisdiction, grants for that area shall be made |
| |||||||
| |||||||
1 | based upon
reference to an official Master Street Address Guide | ||||||
2 | to the emergency
telephone system board or qualified | ||||||
3 | governmental entity whose public
service answering points | ||||||
4 | provide wireless 9-1-1 service in that area.
The emergency | ||||||
5 | telephone system board or qualified governmental entity shall
| ||||||
6 | provide the Illinois Commerce Commission with a valid copy of | ||||||
7 | the
appropriate Master Street Address Guide. The Illinois | ||||||
8 | Commerce Commission does not have a duty to verify | ||||||
9 | jurisdictional responsibility.
| ||||||
10 | In the event of a subscriber billing address being matched | ||||||
11 | to an incorrect
jurisdiction by the Illinois Commerce | ||||||
12 | Commission, the recipient,
upon notification from the Illinois | ||||||
13 | Commerce Commission, shall
redirect the funds to the correct | ||||||
14 | jurisdiction. The Illinois Commerce Commission
shall not be | ||||||
15 | held liable for any damages relating to an
act or omission | ||||||
16 | under this Act, unless the act or omission constitutes gross
| ||||||
17 | negligence, recklessness, or intentional misconduct.
| ||||||
18 | In the event of a dispute between emergency telephone | ||||||
19 | system boards or
qualified governmental entities concerning a | ||||||
20 | subscriber billing address, the
Illinois Commerce Commission | ||||||
21 | shall resolve the dispute.
| ||||||
22 | The Illinois Commerce Commission shall maintain detailed | ||||||
23 | records
of all receipts and disbursements and shall provide an | ||||||
24 | annual accounting of all
receipts and disbursements to the | ||||||
25 | Auditor General.
| ||||||
26 | The Illinois Commerce Commission shall adopt rules to |
| |||||||
| |||||||
1 | govern the
grant process.
| ||||||
2 | The Illinois Commerce Commission may also use moneys in the | ||||||
3 | Wireless Service Emergency Fund for the purpose of conducting a | ||||||
4 | study to determine the future technological and financial needs | ||||||
5 | of the wireless 9-1-1 systems. A study shall include input from | ||||||
6 | the telecommunications industry, the Illinois National | ||||||
7 | Emergency Number Association, and the public safety community.
| ||||||
8 | (Source: P.A. 93-839, eff. 7-30-04.)
| ||||||
9 | (50 ILCS 751/35)
| ||||||
10 | (Section scheduled to be repealed on April 1, 2008)
| ||||||
11 | Sec. 35. Wireless Carrier Reimbursement Fund; | ||||||
12 | reimbursement. To recover costs from the Wireless Carrier | ||||||
13 | Reimbursement Fund, the wireless
carrier shall submit sworn | ||||||
14 | invoices to the Illinois Commerce Commission. In no event may | ||||||
15 | any invoice for payment be approved for (i) costs
that are not | ||||||
16 | related to compliance with the requirements established by the
| ||||||
17 | wireless enhanced 9-1-1 mandates of the Federal Communications | ||||||
18 | Commission, (ii)
costs with respect to any wireless enhanced | ||||||
19 | 9-1-1 service that is not operable
at the time the invoice is | ||||||
20 | submitted, or (iii) costs of any wireless carrier
exceeding | ||||||
21 | 100% of the wireless emergency services charges remitted to the
| ||||||
22 | Wireless Carrier Reimbursement Fund by the wireless carrier | ||||||
23 | under Section
17(b) unless the wireless carrier received prior | ||||||
24 | approval for the expenditures
from the Illinois Commerce | ||||||
25 | Commission.
|
| |||||||
| |||||||
1 | If in any month the total amount of invoices submitted to | ||||||
2 | the Illinois Commerce Commission and approved for payment | ||||||
3 | exceeds the amount
available in the Wireless Carrier | ||||||
4 | Reimbursement Fund, wireless carriers that
have invoices | ||||||
5 | approved for payment shall receive a pro-rata share of the | ||||||
6 | amount
available in the Wireless Carrier Reimbursement Fund | ||||||
7 | based on the relative
amount of their approved invoices | ||||||
8 | available that month, and the balance of
the payments shall be | ||||||
9 | carried into the following months until all of the approved
| ||||||
10 | payments
are made.
| ||||||
11 | A wireless carrier may not receive payment from the | ||||||
12 | Wireless Carrier
Reimbursement Fund for its costs of providing | ||||||
13 | wireless enhanced 9-1-1 services
in an area when a unit of | ||||||
14 | local government or emergency telephone system board
provides | ||||||
15 | wireless 9-1-1 services in that area and was imposing and | ||||||
16 | collecting a
wireless carrier surcharge prior to July 1, 1998.
| ||||||
17 | The Illinois Commerce Commission shall maintain detailed | ||||||
18 | records
of all receipts and disbursements and shall provide an | ||||||
19 | annual accounting of all
receipts and disbursements to the | ||||||
20 | Auditor General.
| ||||||
21 | The Illinois Commerce Commission shall adopt rules to | ||||||
22 | govern the
reimbursement process.
| ||||||
23 | Upon the effective date of this amendatory Act of the 95th | ||||||
24 | General Assembly, or as soon thereafter as practical, the State | ||||||
25 | Comptroller shall order transferred and the State Treasurer | ||||||
26 | shall transfer the sum of $8,000,000 from the Wireless Carrier |
| |||||||
| |||||||
1 | Reimbursement Fund to the Wireless Service Emergency Fund. That | ||||||
2 | amount shall be used by the Illinois Commerce Commission to | ||||||
3 | make grants in the manner described in Section 25 of this Act.
| ||||||
4 | (Source: P.A. 93-507, eff. 1-1-04; 93-839, eff. 7-30-04.)
| ||||||
5 | (50 ILCS 751/45)
| ||||||
6 | (Section scheduled to be repealed on April 1, 2008)
| ||||||
7 | Sec. 45. Continuation of current practices. | ||||||
8 | Notwithstanding any other
provision of this Act, a unit of | ||||||
9 | local government or emergency telephone
system board providing | ||||||
10 | wireless 9-1-1 service and imposing and collecting a
wireless | ||||||
11 | carrier surcharge prior to July 1, 1998 may continue its | ||||||
12 | practices of
imposing and collecting its wireless carrier | ||||||
13 | surcharge, but in no event shall
that monthly surcharge exceed | ||||||
14 | $2.50
$1.25 per commercial mobile radio service (CMRS)
| ||||||
15 | connection or in-service telephone number billed on a monthly | ||||||
16 | basis.
For mobile telecommunications services provided on and | ||||||
17 | after August 1, 2002,
any surcharge imposed shall be imposed | ||||||
18 | based upon the municipality or county
that encompasses the | ||||||
19 | customer's place of primary use as defined in the Mobile
| ||||||
20 | Telecommunications Sourcing Conformity Act.
| ||||||
21 | In addition to any other lawful purpose, a municipality | ||||||
22 | with a population over 500,000 may use the moneys collected | ||||||
23 | under this Section for any anti-terrorism or emergency | ||||||
24 | preparedness measures, including, but not limited to, | ||||||
25 | preparedness planning, providing local matching funds for |
| |||||||
| |||||||
1 | federal or State grants, personnel training, and specialized | ||||||
2 | equipment, including surveillance cameras as needed to deal | ||||||
3 | with natural and terrorist-inspired emergency situations or | ||||||
4 | events.
| ||||||
5 | (Source: P.A. 91-660, eff. 12-22-99; 92-526, eff. 7-1-02 .)".
| ||||||
6 | (50 ILCS 751/70)
| ||||||
7 | (Section scheduled to be repealed on April 1, 2008)
| ||||||
8 | Sec. 70. Repealer. This Act is repealed on April 1, 2013
| ||||||
9 | 2008 .
| ||||||
10 | (Source: P.A. 93-507, eff. 1-1-04.)
| ||||||
11 | Section 15. The Public Utilities Act is amended by changing | ||||||
12 | Section 13-203 as follows:
| ||||||
13 | (220 ILCS 5/13-203) (from Ch. 111 2/3, par. 13-203)
| ||||||
14 | (Section scheduled to be repealed on July 1, 2007)
| ||||||
15 | Sec. 13-203. Telecommunications service.
| ||||||
16 | "Telecommunications service"
means the provision or | ||||||
17 | offering for rent, sale or lease, or in exchange for
other | ||||||
18 | value received, of the transmittal of information, by means of
| ||||||
19 | electromagnetic, including light, transmission with or without | ||||||
20 | benefit of
any closed transmission medium, including all | ||||||
21 | instrumentalities,
facilities, apparatus, and services | ||||||
22 | (including the collection, storage,
forwarding, switching, and | ||||||
23 | delivery of such information) used to provide
such transmission |
| |||||||
| |||||||
1 | and also includes access and interconnection arrangements
and | ||||||
2 | services.
| ||||||
3 | "Telecommunications service" does not include, however:
| ||||||
4 | (a) the rent, sale, or lease, or exchange for other | ||||||
5 | value received, of
customer premises equipment except for | ||||||
6 | customer premises equipment owned or
provided by a | ||||||
7 | telecommunications carrier and used for answering 911 | ||||||
8 | calls,
and except for customer premises equipment provided | ||||||
9 | under Section 13-703;
| ||||||
10 | (b) telephone or telecommunications answering | ||||||
11 | services, paging services,
and physical pickup and | ||||||
12 | delivery incidental to the provision of information
| ||||||
13 | transmitted through electromagnetic, including light, | ||||||
14 | transmission; or
| ||||||
15 | (c) community antenna television service which is | ||||||
16 | operated to perform
for hire the service of receiving and | ||||||
17 | distributing video and audio program
signals by wire, cable | ||||||
18 | or other means to members of the public who
subscribe to | ||||||
19 | such service, to the extent that such service is utilized
| ||||||
20 | solely for the one-way distribution of such entertainment | ||||||
21 | services with no
more than incidental subscriber | ||||||
22 | interaction required for the selection of
such | ||||||
23 | entertainment service. | ||||||
24 | For the purposes of this Act only, "telecommunications | ||||||
25 | service" does not include public mobile service, as defined | ||||||
26 | under Section 13-214 of this Act, or commercial mobile service, |
| |||||||
| |||||||
1 | as defined under 47 U.S.C. 332.
| ||||||
2 | The Commission may, by rulemaking, exclude (1) private line | ||||||
3 | service which
is not directly or indirectly used for the | ||||||
4 | origination or termination of
switched telecommunications | ||||||
5 | service, (2) cellular radio service, (3)
high-speed | ||||||
6 | point-to-point data transmission at or above 9.6 kilobits, or
| ||||||
7 | (4) the provision of telecommunications service by a company or | ||||||
8 | person
otherwise subject to Section 13-202 (c) to a | ||||||
9 | telecommunications carrier,
which is incidental to the | ||||||
10 | provision of service subject to Section 13-202 (c),
from active | ||||||
11 | regulatory oversight to the extent it finds, after notice, | ||||||
12 | hearing
and comment that such exclusion is consistent with the | ||||||
13 | public interest and
the purposes and policies of this Article. | ||||||
14 | To the extent that the
Commission has excluded cellular radio | ||||||
15 | service from active regulatory
oversight for any provider of | ||||||
16 | cellular radio service in this State pursuant
to this Section, | ||||||
17 | the Commission shall exclude all other providers of
cellular | ||||||
18 | radio service in the State from active regulatory oversight
| ||||||
19 | without an additional rulemaking proceeding where there are 2 | ||||||
20 | or more
certified providers of cellular radio service in a | ||||||
21 | geographic area.
| ||||||
22 | (Source: P.A. 90-185, eff. 7-23-97 .)".
|