|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning regulation.
| ||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Emergency Telephone System Act is amended by | ||||||
5 | changing Section 15.3 as follows:
| ||||||
6 | (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
| ||||||
7 | Sec. 15.3. Surcharge. | ||||||
8 | (a) The corporate authorities of any municipality or any
| ||||||
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 | ||||||
17 | determined in accordance with subsection (c) , however the | ||||||
18 | monthly surcharge shall not apply to a network connection | ||||||
19 | provided for use with pay telephone services .
Provided, | ||||||
20 | however, that where multiple voice grade communications | ||||||
21 | channels
are connected between the subscriber's premises and a | ||||||
22 | public switched network
through private branch exchange (PBX) | ||||||
23 | or centrex type service, a municipality
imposing a surcharge at |
| |||||||
| |||||||
1 | a rate per network connection, as determined in
accordance with | ||||||
2 | this Act, shall impose 5 such surcharges per network
| ||||||
3 | connection, as determined in accordance with subsections (a) | ||||||
4 | and (d) of
Section 2.12 of this Act.
For mobile | ||||||
5 | telecommunications services, if a surcharge is imposed it shall | ||||||
6 | be
imposed based upon the municipality or county that | ||||||
7 | encompasses the customer's
place of primary use as defined in | ||||||
8 | the Mobile Telecommunications Sourcing
Conformity Act. A | ||||||
9 | municipality may enter into an intergovernmental
agreement | ||||||
10 | with any county in which it is partially located, when the | ||||||
11 | county
has adopted an ordinance to impose a surcharge as | ||||||
12 | provided in subsection
(c), to include that portion of the | ||||||
13 | municipality lying outside the county
in that county's | ||||||
14 | surcharge referendum. If the county's surcharge
referendum is | ||||||
15 | approved, the portion of the municipality identified in the
| ||||||
16 | intergovernmental agreement shall automatically be | ||||||
17 | disconnected from the
county in which it lies and connected to | ||||||
18 | the county which approved the
referendum for purposes of a | ||||||
19 | surcharge on telecommunications carriers.
| ||||||
20 | (b) For purposes of computing the surcharge imposed by | ||||||
21 | subsection (a),
the network connections to which the surcharge | ||||||
22 | shall apply shall be those
in-service network connections, | ||||||
23 | other than those network connections
assigned to the | ||||||
24 | municipality or county, where the service address for each
such | ||||||
25 | network connection or connections is located within the | ||||||
26 | corporate
limits of the municipality or county levying the |
| |||||||
| |||||||
1 | surcharge. Except for mobile
telecommunication services, the | ||||||
2 | "service address" shall mean the location of
the primary use of | ||||||
3 | the network connection or connections. For mobile
| ||||||
4 | telecommunication services, "service address" means the | ||||||
5 | customer's place of
primary use as defined in the Mobile | ||||||
6 | Telecommunications Sourcing Conformity
Act. With respect to | ||||||
7 | network connections provided for
use with pay telephone | ||||||
8 | services for which there is no billed subscriber,
the | ||||||
9 | telecommunications carrier providing the network connection | ||||||
10 | shall be
deemed to be its own billed subscriber for purposes of | ||||||
11 | applying the surcharge.
| ||||||
12 | (c) Upon the passage of an ordinance to impose a surcharge | ||||||
13 | under this
Section the clerk of the municipality or county | ||||||
14 | shall certify the question
of whether the surcharge may be | ||||||
15 | imposed to the proper election authority
who shall submit the | ||||||
16 | public question to the electors of the municipality or
county | ||||||
17 | in accordance with the general election law; provided that such
| ||||||
18 | question shall not be submitted at a consolidated primary | ||||||
19 | election. The
public question shall be in substantially the | ||||||
20 | following form:
| ||||||
21 | -------------------------------------------------------------
| ||||||
22 | Shall the county (or city, village
| ||||||
23 | or incorporated town) of ..... impose YES
| ||||||
24 | a surcharge of up to ...ยข per month per
| ||||||
25 | network connection, which surcharge will
| ||||||
26 | be added to the monthly bill you receive ------------------
|
| |||||||
| |||||||
1 | for telephone or telecommunications
| ||||||
2 | charges, for the purpose of installing
| ||||||
3 | (or improving) a 9-1-1 Emergency NO
| ||||||
4 | Telephone System?
| ||||||
5 | -------------------------------------------------------------
| ||||||
6 | If a majority of the votes cast upon the public question | ||||||
7 | are in favor
thereof, the surcharge shall be imposed.
| ||||||
8 | However, if a Joint Emergency Telephone System Board is to | ||||||
9 | be created
pursuant to an intergovernmental agreement under | ||||||
10 | Section 15.4, the
ordinance to impose the surcharge shall be | ||||||
11 | subject to the approval of a
majority of the total number of | ||||||
12 | votes cast upon the public question by the
electors of all of | ||||||
13 | the municipalities or counties, or combination thereof,
that | ||||||
14 | are parties to the intergovernmental agreement.
| ||||||
15 | The referendum requirement of this subsection (c) shall not | ||||||
16 | apply
to any municipality with a population over 500,000 or to | ||||||
17 | any
county in which a proposition as to whether a sophisticated | ||||||
18 | 9-1-1 Emergency
Telephone System should be installed in the | ||||||
19 | county, at a cost not to
exceed a specified monthly amount per | ||||||
20 | network connection, has previously
been approved by a majority | ||||||
21 | of the electors of the county voting on the
proposition at an | ||||||
22 | election conducted before the effective date of this
amendatory | ||||||
23 | Act of 1987.
| ||||||
24 | (d) A county may not impose a surcharge, unless requested | ||||||
25 | by a
municipality, in any incorporated area which has | ||||||
26 | previously approved a
surcharge as provided in subsection (c) |
| |||||||
| |||||||
1 | or in any incorporated area where
the corporate authorities of | ||||||
2 | the municipality have previously entered into
a binding | ||||||
3 | contract or letter of intent with a telecommunications carrier | ||||||
4 | to
provide sophisticated 9-1-1 service through municipal | ||||||
5 | funds.
| ||||||
6 | (e) A municipality or county may at any time by ordinance | ||||||
7 | change the
rate of the surcharge imposed under this Section if | ||||||
8 | the new rate does not
exceed the rate specified in the | ||||||
9 | referendum held pursuant to subsection (c).
| ||||||
10 | (f) The surcharge authorized by this Section shall be | ||||||
11 | collected from
the subscriber by the telecommunications | ||||||
12 | carrier providing the subscriber
the network connection as a | ||||||
13 | separately stated item on the subscriber's bill.
| ||||||
14 | (g) The amount of surcharge collected by the | ||||||
15 | telecommunications carrier
shall be paid to the particular | ||||||
16 | municipality or county or Joint Emergency
Telephone System | ||||||
17 | Board not later than 30 days after the surcharge is
collected, | ||||||
18 | net of any network or other 9-1-1 or sophisticated 9-1-1 system
| ||||||
19 | charges then due the particular telecommunications carrier, as | ||||||
20 | shown on an
itemized bill. The telecommunications carrier | ||||||
21 | collecting the surcharge
shall also be entitled to deduct 3% of | ||||||
22 | the gross amount of surcharge
collected to reimburse the | ||||||
23 | telecommunications carrier for the expense of
accounting and | ||||||
24 | collecting the surcharge.
| ||||||
25 | (h) Except as expressly provided in subsection (a) of this | ||||||
26 | Section, a
municipality with a population over 500,000 may not |
| |||||||
| |||||||
1 | impose a
monthly surcharge in excess of $2.50
per network | ||||||
2 | connection.
| ||||||
3 | (i) Any municipality or county or joint emergency telephone | ||||||
4 | system
board that has imposed a surcharge pursuant to this | ||||||
5 | Section prior to the
effective date of this amendatory Act of | ||||||
6 | 1990 shall hereafter impose the
surcharge in accordance with | ||||||
7 | subsection (b) of this Section.
| ||||||
8 | (j) The corporate authorities of any municipality or county | ||||||
9 | may issue,
in accordance with Illinois law, bonds, notes or | ||||||
10 | other obligations secured
in whole or in part by the proceeds | ||||||
11 | of the surcharge described in this
Section. Notwithstanding any | ||||||
12 | change in law subsequent to the issuance of
any bonds, notes or | ||||||
13 | other obligations secured by the surcharge, every
municipality | ||||||
14 | or county issuing such bonds, notes or other obligations shall
| ||||||
15 | be authorized to impose the surcharge as though the laws | ||||||
16 | relating to the
imposition of the surcharge in effect at the | ||||||
17 | time of issuance of the
bonds, notes or other obligations were | ||||||
18 | in full force and effect until the
bonds, notes or other | ||||||
19 | obligations are paid in full.
The State of Illinois pledges and | ||||||
20 | agrees that it will not limit or alter
the rights and powers | ||||||
21 | vested in municipalities and counties by this Section
to impose | ||||||
22 | the surcharge so as to impair the terms of or affect the
| ||||||
23 | security for bonds, notes or other obligations secured in whole | ||||||
24 | or in part
with the proceeds of the surcharge described in this | ||||||
25 | Section.
| ||||||
26 | (k) Any surcharge collected by or imposed on a |
| |||||||
| |||||||
1 | telecommunications
carrier pursuant to this Section shall be | ||||||
2 | held to be a special fund in
trust for the municipality, county | ||||||
3 | or Joint Emergency Telephone Board
imposing the surcharge. | ||||||
4 | Except for the 3% deduction provided in subsection
(g) above, | ||||||
5 | the special fund shall not be subject to the claims of
| ||||||
6 | creditors of the telecommunication carrier.
| ||||||
7 | (Source: P.A. 95-331, eff. 8-21-07; 95-698, eff. 1-1-08.)
| ||||||
8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law. |