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SB0837 Enrolled |
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LRB095 05548 HLH 25638 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Emergency Telephone System Act is amended by |
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| changing Sections 15.3 and 15.4 as follows:
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| (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
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| Sec. 15.3. Surcharge.
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| (a) The corporate authorities of any municipality or any
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| county may, subject to the limitations of subsections (c), (d), |
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| and (h),
and in addition to any tax levied pursuant to the |
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| Simplified Municipal
Telecommunications Tax Act, impose a |
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| monthly surcharge on billed subscribers
of network connection |
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| provided by telecommunication carriers engaged in the
business |
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| of transmitting messages by means of electricity originating |
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| within
the corporate limits of the municipality or county |
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| imposing the surcharge at
a rate per network connection |
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| determined in accordance with subsection (c).
Provided, |
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| however, that where multiple voice grade communications |
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| channels
are connected between the subscriber's premises and a |
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| public switched network
through private branch exchange (PBX) |
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| or centrex type service, a municipality
imposing a surcharge at |
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| a rate per network connection, as determined in
accordance with |
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| this Act, shall impose 5 such surcharges per network
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SB0837 Enrolled |
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| connection, as determined in accordance with subsections (a) |
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| and (d) of
Section 2.12 of this Act.
For mobile |
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| telecommunications services, if a surcharge is imposed it shall |
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| be
imposed based upon the municipality or county that |
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| encompasses the customer's
place of primary use as defined in |
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| the Mobile Telecommunications Sourcing
Conformity Act. A |
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| municipality may enter into an intergovernmental
agreement |
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| with any county in which it is partially located, when the |
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| county
has adopted an ordinance to impose a surcharge as |
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| provided in subsection
(c), to include that portion of the |
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| municipality lying outside the county
in that county's |
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| surcharge referendum. If the county's surcharge
referendum is |
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| approved, the portion of the municipality identified in the
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| intergovernmental agreement shall automatically be |
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| disconnected from the
county in which it lies and connected to |
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| the county which approved the
referendum for purposes of a |
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| surcharge on telecommunications carriers.
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| (b) For purposes of computing the surcharge imposed by |
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| subsection (a),
the network connections to which the surcharge |
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| shall apply shall be those
in-service network connections, |
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| other than those network connections
assigned to the |
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| municipality or county, where the service address for each
such |
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| network connection or connections is located within the |
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| corporate
limits of the municipality or county levying the |
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| surcharge. Except for mobile
telecommunication services, the |
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| "service address" shall mean the location of
the primary use of |
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| the network connection or connections. For mobile
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| telecommunication services, "service address" means the |
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| customer's place of
primary use as defined in the Mobile |
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| Telecommunications Sourcing Conformity
Act. With respect to |
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| network connections provided for
use with pay telephone |
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| services for which there is no billed subscriber,
the |
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| telecommunications carrier providing the network connection |
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| shall be
deemed to be its own billed subscriber for purposes of |
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| applying the surcharge.
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| (c) Upon the passage of an ordinance to impose a surcharge |
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| under this
Section the clerk of the municipality or county |
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| shall certify the question
of whether the surcharge may be |
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| imposed to the proper election authority
who shall submit the |
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| public question to the electors of the municipality or
county |
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| in accordance with the general election law; provided that such
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| question shall not be submitted at a consolidated primary |
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| election. The
public question shall be in substantially the |
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| following form:
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| -------------------------------------------------------------
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| Shall the county (or city, village
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| or incorporated town) of ..... impose YES
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| a surcharge of up to ...¢ per month per
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| network connection, which surcharge will
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| be added to the monthly bill you receive ------------------
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| for telephone or telecommunications
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| charges, for the purpose of installing
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| (or improving) a 9-1-1 Emergency NO
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| Telephone System?
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| -------------------------------------------------------------
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| If a majority of the votes cast upon the public question |
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| are in favor
thereof, the surcharge shall be imposed.
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| However, if a Joint Emergency Telephone System Board is to |
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| be created
pursuant to an intergovernmental agreement under |
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| Section 15.4, the
ordinance to impose the surcharge shall be |
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| subject to the approval of a
majority of the total number of |
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| votes cast upon the public question by the
electors of all of |
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| the municipalities or counties, or combination thereof,
that |
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| are parties to the intergovernmental agreement.
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| The referendum requirement of this subsection (c) shall not |
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| apply
to any municipality with a population over 500,000 or to |
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| any
county in which a proposition as to whether a sophisticated |
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| 9-1-1 Emergency
Telephone System should be installed in the |
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| county, at a cost not to
exceed a specified monthly amount per |
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| network connection, has previously
been approved by a majority |
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| of the electors of the county voting on the
proposition at an |
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| election conducted before the effective date of this
amendatory |
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| Act of 1987.
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| (d) A county may not impose a surcharge, unless requested |
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| by a
municipality, in any incorporated area which has |
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| previously approved a
surcharge as provided in subsection (c) |
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| or in any incorporated area where
the corporate authorities of |
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| the municipality have previously entered into
a binding |
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| contract or letter of intent with a telecommunications carrier |
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| to
provide sophisticated 9-1-1 service through municipal |
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| funds.
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| (e) A municipality or county may at any time by ordinance |
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| change the
rate of the surcharge imposed under this Section if |
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| the new rate does not
exceed the rate specified in the |
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| referendum held pursuant to subsection (c).
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| (f) The surcharge authorized by this Section shall be |
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| collected from
the subscriber by the telecommunications |
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| carrier providing the subscriber
the network connection as a |
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| separately stated item on the subscriber's bill.
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| (g) The amount of surcharge collected by the |
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| telecommunications carrier
shall be paid to the particular |
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| municipality or county or Joint Emergency
Telephone System |
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| Board not later than 30 days after the surcharge is
collected, |
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| net of any network or other 9-1-1 or sophisticated 9-1-1 system
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| charges then due the particular telecommunications carrier, as |
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| shown on an
itemized bill. The telecommunications carrier |
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| collecting the surcharge
shall also be entitled to deduct 3% of |
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| the gross amount of surcharge
collected to reimburse the |
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| telecommunications carrier for the expense of
accounting and |
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| collecting the surcharge.
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| (h) Except as expressly provided in subsection (a) of this |
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| Section, a
municipality with a population over 500,000 may not |
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| impose a
monthly surcharge in excess of $2.50
$1.25 per network |
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| connection.
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| (i) Any municipality or county or joint emergency telephone |
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| system
board that has imposed a surcharge pursuant to this |
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| Section prior to the
effective date of this amendatory Act of |
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| 1990 shall hereafter impose the
surcharge in accordance with |
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| subsection (b) of this Section.
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| (j) The corporate authorities of any municipality or county |
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| may issue,
in accordance with Illinois law, bonds, notes or |
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| other obligations secured
in whole or in part by the proceeds |
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| of the surcharge described in this
Section. Notwithstanding any |
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| change in law subsequent to the issuance of
any bonds, notes or |
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| other obligations secured by the surcharge, every
municipality |
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| or county issuing such bonds, notes or other obligations shall
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| be authorized to impose the surcharge as though the laws |
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| relating to the
imposition of the surcharge in effect at the |
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| time of issuance of the
bonds, notes or other obligations were |
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| in full force and effect until the
bonds, notes or other |
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| obligations are paid in full.
The State of Illinois pledges and |
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| agrees that it will not limit or alter
the rights and powers |
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| vested in municipalities and counties by this Section
to impose |
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| the surcharge so as to impair the terms of or affect the
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| security for bonds, notes or other obligations secured in whole |
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| or in part
with the proceeds of the surcharge described in this |
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| Section.
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| (k) Any surcharge collected by or imposed on a |
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| telecommunications
carrier pursuant to this Section shall be |
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| held to be a special fund in
trust for the municipality, county |
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| or Joint Emergency Telephone Board
imposing the surcharge. |
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| Except for the 3% deduction provided in subsection
(g) above, |
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| the special fund shall not be subject to the claims of
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| creditors of the telecommunication carrier.
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| (Source: P.A. 92-474, eff. 8-1-02; 92-526, eff. 1-1-03; 92-557, |
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| eff. 1-1-03;
revised 10-2-02.)
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| (50 ILCS 750/15.4) (from Ch. 134, par. 45.4)
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| Sec. 15.4. Emergency Telephone System Board; powers.
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| (a) The corporate authorities of any county or municipality
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| that imposes a surcharge under Section 15.3 shall establish an |
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| Emergency
Telephone System Board. The corporate authorities |
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| shall provide for the
manner of appointment and the number of |
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| members of the Board, provided that
the board shall consist of |
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| not fewer than 5 members, one of whom
must be a
public member |
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| who is a resident of the local exchange service territory
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| included in the 9-1-1 coverage area, one of whom (in counties |
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| with a
population less than 100,000) must be a member of the |
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| county
board, and
at least 3 of whom shall be representative of |
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| the 9-1-1 public safety agencies,
including but not limited to |
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| police departments, fire departments, emergency
medical |
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| services providers, and emergency services and disaster |
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| agencies, and
appointed on the basis of their ability or |
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| experience. Elected officials are
also eligible to serve on the |
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| board. Members of the board shall serve without
compensation |
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| but shall be reimbursed for their actual and necessary
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| expenses. Any 2 or more municipalities, counties, or |
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| combination thereof,
that impose a surcharge under Section 15.3 |
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| may, instead of establishing
individual boards, establish by |
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| intergovernmental agreement a Joint
Emergency Telephone System |
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| Board pursuant to this Section. The manner of
appointment of |
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| such a joint board shall be prescribed in the agreement.
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| (b) The powers and duties of the board shall be defined by |
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| ordinance
of the municipality or county, or by |
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| intergovernmental agreement in the
case of a joint board. The |
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| powers and duties shall include, but need not
be limited to the |
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| following:
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| (1) Planning a 9-1-1 system.
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| (2) Coordinating and supervising the implementation, |
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| upgrading, or
maintenance of the system, including the |
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| establishment of equipment
specifications and coding |
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| systems.
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| (3) Receiving moneys
monies from the surcharge imposed |
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| under Section 15.3, and
from any other source, for deposit |
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| into the Emergency Telephone System Fund.
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| (4) Authorizing all disbursements from the fund.
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| (5) Hiring any staff necessary for the implementation |
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| or upgrade of the
system.
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| (c) All moneys
monies received by a board pursuant to a |
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| surcharge imposed under
Section 15.3 shall be deposited into a |
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| separate interest-bearing
Emergency Telephone System Fund |
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| account. The treasurer of the municipality or
county that has |
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| established the board or, in the case of a joint board, any
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| municipal or county treasurer designated in the |
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| intergovernmental agreement,
shall be custodian of the fund. |
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| All interest accruing on the fund shall remain
in the fund. No |
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| expenditures may be made from such fund except upon the
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| direction of the board by resolution passed by a majority of |
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| all members of the
board. Expenditures may be made only to pay |
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| for the costs associated with the
following:
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| (1) The design of the Emergency Telephone System.
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| (2) The coding of an initial Master Street Address |
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| Guide data base, and
update and maintenance thereof.
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| (3) The repayment of any moneys
monies advanced for the |
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| implementation of
the system.
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| (4) The charges for Automatic Number Identification |
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| and Automatic
Location Identification equipment,
a |
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| computer aided dispatch system that records, maintains, |
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| and integrates
information,
mobile data transmitters |
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| equipped with
automatic vehicle locators, and maintenance, |
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| replacement and
update thereof
to increase operational |
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| efficiency and improve the provision of emergency
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| services.
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| (5) The non-recurring charges related to installation |
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| of the Emergency
Telephone System and the ongoing network |
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| charges.
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| (6) The acquisition and installation, or the |
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| reimbursement of costs
therefor to other governmental |
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| bodies that have incurred those costs, of road
or street |
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| signs that are essential to the implementation of the |
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| emergency
telephone system and that are not duplicative of |
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| signs that are the
responsibility of the jurisdiction |
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| charged with maintaining road and street
signs.
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| (7) Other products and services necessary for the |
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| implementation,
upgrade, and maintenance of the system and |
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| any other purpose related to the
operation of
the system, |
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| including costs attributable directly to the construction, |
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| leasing,
or maintenance of any buildings or facilities or |
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| costs of personnel
attributable directly to the operation |
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| of the system. Costs attributable
directly to the operation |
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| of an emergency telephone system do not include the
costs |
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| of public safety agency personnel who are and equipment |
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| that is
dispatched in response to an emergency call. |
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| (8) In the case of a municipality that imposes a |
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| surcharge under subsection (h) of Section 15.3, moneys may |
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| also be used for any anti-terrorism or emergency |
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| preparedness measures, including, but not limited to, |
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| preparedness planning, providing local matching funds for |
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| federal or State grants, personnel training, and |
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| specialized equipment, including surveillance cameras as |
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| needed to deal with natural and terrorist-inspired |
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| emergency situations or events.
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| Moneys in the fund may also be transferred to a |
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| participating fire protection district to reimburse volunteer |
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| firefighters who man remote telephone switching facilities |
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| when dedicated 9-1-1 lines are down.
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| (d) The board shall complete the data base before |
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| implementation of the
9-1-1 system. The error ratio of the data |
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| base shall not at any time
exceed 1% of the total data base.
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| (Source: P.A. 92-202, eff. 1-1-02.)
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| Section 10. The Wireless Emergency Telephone Safety Act is |
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| amended by changing Sections 15, 17, 25, 35, 45, and 70 as |
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| follows:
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| (50 ILCS 751/15)
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| (Section scheduled to be repealed on April 1, 2008)
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| Sec. 15. Wireless emergency 9-1-1 service. The digits |
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| "9-1-1" shall be
the designated emergency telephone number |
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| within the wireless system.
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| (a) Standards.
The Illinois Commerce Commission may set |
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| non-discriminatory, uniform
technical and operational |
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| standards consistent with the rules of the Federal
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| Communications Commission for directing calls to authorized |
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| public safety
answering points. These standards shall not in |
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| any way prescribe the
technology or manner a wireless carrier |
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| shall use to deliver wireless 9-1-1 or
wireless E9-1-1 calls |
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| and these standards shall not exceed the requirements set
by |
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| the Federal Communications Commission. However, standards for |
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| directing
calls to the authorized public safety answering point |
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| shall be included. The
authority given to the Illinois Commerce |
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| Commission in this Section is limited
to setting standards as |
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| set forth herein and does not constitute authority to
regulate |
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| wireless carriers.
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| (b) Wireless public safety answering points.
For the |
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| purpose of providing wireless 9-1-1 emergency services, an |
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| emergency
telephone system board or, in the absence of an |
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| emergency telephone system
board, a qualified governmental |
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| entity may declare its intention for one or
more of its public |
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| safety answering points to serve as a primary wireless 9-1-1
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| public safety answering point for its jurisdiction by notifying |
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| the Chief Clerk
of the Illinois Commerce Commission and the |
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| Director of State Police in writing
within 6 months after the |
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| effective date of this Act or within 6 months after
receiving |
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| its authority to operate a 9-1-1 system under the Emergency |
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| Telephone
System Act, whichever is later. In addition, 2 or |
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| more emergency telephone
system boards or
qualified units of |
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| local government may, by virtue of an intergovernmental
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| agreement, provide wireless 9-1-1 service. The Department of |
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| State Police
shall be the primary wireless 9-1-1 public safety |
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| answering point for any
jurisdiction not providing notice to |
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| the Commission and the Department of State
Police. Nothing in |
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| this Act shall require the provision of wireless enhanced
9-1-1 |
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| services.
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| The Illinois Commerce Commission, upon a joint request from |
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| the Department of
State Police and a qualified
governmental |
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| entity or an emergency telephone system board, may grant
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| authority to the
emergency telephone system board or a |
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| qualified governmental entity to provide
wireless
9-1-1 |
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| service in areas for which the Department of State Police has |
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| accepted
wireless 9-1-1
responsibility. The Illinois Commerce |
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| Commission shall maintain a current list
of all 9-1-1
systems |
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| and qualified governmental entities providing wireless 9-1-1 |
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| service
under this Act.
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| Any emergency telephone system board or qualified |
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| governmental entity
providing
wireless 9-1-1 service prior to |
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| the effective date of this Act
may continue to
operate upon |
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| notification as previously described in this Section. An
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| emergency
telephone system
board or a qualified governmental |
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| entity shall submit, with its notification,
the date
upon which |
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| it commenced operating.
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| (c) Wireless Enhanced 9-1-1 Board. The Wireless Enhanced |
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| 9-1-1 Board is
created. The Board consists of 7
members
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| appointed by the Governor with the advice and consent of the |
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| Senate.
It is recommended that the Governor appoint members |
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| from the following: the
Illinois Chapter of the National |
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| Emergency Numbers Association, the Illinois
State Police, law |
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| enforcement
agencies, the wireless telecommunications |
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| industry, an emergency
telephone system board in Cook County |
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| (outside the City of
Chicago), an emergency telephone system |
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| board in
the Metro-east area,
and an emergency telephone system |
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| board in the
collar counties (Lake, McHenry, DuPage, Kane, and |
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| Will
counties). Members of the Board
may not receive any |
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| compensation but may, however, be reimbursed for any
necessary |
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| expenditure in connection with their duties.
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| Except as provided in Section 45, the Wireless Enhanced |
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| 9-1-1 Board shall
set the amount of the monthly wireless |
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| surcharge required to be imposed under
Section 17 on all |
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| wireless subscribers in this State.
Prior to the Wireless |
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| Enhanced 9-1-1 Board setting any surcharge, the Board
shall
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| publish the proposed surcharge in the Illinois Register, hold |
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| hearings on the
surcharge
and the requirements for an efficient |
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| wireless emergency number system, and
elicit
public comment. |
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| The Board shall determine the minimum cost necessary for
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| implementation of this system and the amount of revenue |
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| produced based upon the
number of wireless telephones in use. |
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| The Board shall set the surcharge at the
minimum
amount |
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| necessary to achieve the goals of the Act and shall, by July 1, |
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| 2000,
file this
information with the Governor, the Clerk of the |
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| House, and the Secretary of the
Senate.
The surcharge may not |
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| be more than $0.75 per month per CMRS connection.
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| The Wireless Enhanced 9-1-1 Board shall report to the |
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| General Assembly by
July 1, 2000 on implementing wireless |
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| non-emergency services for the
purpose of public safety using |
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| the digits 3-1-1. The Board shall consider the
delivery of |
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| 3-1-1 services in a 6 county area, including rural Cook County
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| (outside of the City of Chicago), and DuPage, Lake, McHenry, |
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| Will, and Kane
Counties, as well as counties outside of this |
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SB0837 Enrolled |
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LRB095 05548 HLH 25638 b |
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| area by an emergency telephone
system board, a qualified |
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| governmental entity, or private industry. The Board,
upon |
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| completion of all its duties required under this Act, is |
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| dissolved.
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| (Source: P.A. 91-660, eff. 12-22-99 .)
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| (50 ILCS 751/17)
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| (Section scheduled to be repealed on April 1, 2008)
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| Sec. 17. Wireless carrier surcharge.
|
9 |
| (a) Except as provided in Section 45, each wireless
carrier |
10 |
| shall impose a monthly wireless carrier surcharge per CMRS |
11 |
| connection
that either has a telephone number within an area |
12 |
| code assigned to Illinois by
the North American Numbering Plan |
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| Administrator or has a billing address in
this State.
In the |
14 |
| case of prepaid wireless telephone service, this surcharge |
15 |
| shall be
remitted based upon the address associated with the |
16 |
| point of purchase, the
customer billing
address, or the |
17 |
| location associated with the MTN for each active prepaid
|
18 |
| wireless telephone that has a sufficient positive balance
as of |
19 |
| the last day of each month, if that information is available. |
20 |
| No
wireless carrier
shall impose the surcharge authorized by |
21 |
| this
Section upon any subscriber who is subject to the |
22 |
| surcharge imposed by a unit
of local
government
pursuant to |
23 |
| Section 45.
Prior to the effective date of this amendatory Act |
24 |
| of the 95th General Assembly, the surcharge amount shall be the |
25 |
| amount set by the Wireless Enhanced 9-1-1 Board. Beginning on |
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| the effective date of this amendatory Act of the 95th General |
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| Assembly, the monthly surcharge imposed under this Section |
3 |
| shall be $0.73 per CMRS connection. The wireless carrier that |
4 |
| provides wireless service to the
subscriber shall collect the |
5 |
| surcharge set by the Wireless Enhanced 9-1-1 Board
from the |
6 |
| subscriber.
For mobile telecommunications services provided on |
7 |
| and after August 1, 2002,
any surcharge imposed under this Act |
8 |
| shall be imposed based upon the
municipality or county that |
9 |
| encompasses
the customer's place of primary use as defined in |
10 |
| the Mobile Telecommunications
Sourcing Conformity Act.
The |
11 |
| surcharge shall be stated as a separate item on the
|
12 |
| subscriber's monthly bill. The wireless carrier shall begin |
13 |
| collecting the
surcharge on bills issued within 90 days after |
14 |
| the Wireless Enhanced 9-1-1
Board sets the monthly wireless |
15 |
| surcharge. State and local taxes shall not
apply to the |
16 |
| wireless carrier surcharge.
|
17 |
| (b) Except as provided in Section 45, a wireless carrier |
18 |
| shall, within 45
days of collection, remit, either by check or |
19 |
| by electronic funds transfer, to
the State Treasurer the amount |
20 |
| of the wireless carrier surcharge collected
from each |
21 |
| subscriber.
Of the amounts remitted under this subsection prior |
22 |
| to the effective date of this amendatory Act of the 95th |
23 |
| General Assembly, and for surcharges imposed before the |
24 |
| effective date of this amendatory Act of the 95th General |
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| Assembly but remitted after its effective date , the State
|
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| Treasurer shall deposit one-third into the Wireless Carrier |
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| Reimbursement Fund
and two-thirds into the Wireless Service |
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| Emergency Fund. For surcharges collected and remitted on or |
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| after the effective date of this amendatory Act of the 95th |
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| General Assembly, $0.1475 per surcharge collected shall be |
5 |
| deposited into the Wireless Carrier Reimbursement Fund, and |
6 |
| $0.5825 per surcharge collected shall be deposited into the |
7 |
| Wireless Service Emergency Fund. Of the amounts deposited into |
8 |
| the Wireless Carrier Reimbursement Fund under this subsection, |
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| $0.01 per surcharge collected may be distributed to the |
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| carriers to cover their administrative costs. Of the amounts |
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| deposited into the Wireless Service Emergency Fund under this |
12 |
| subsection, $0.01 per surcharge collected may be disbursed to |
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| the Illinois Commerce Commission to cover its administrative |
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| costs.
|
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| (c)
The first such remittance by wireless carriers shall |
16 |
| include the number
of customers by zip code, and the 9-digit |
17 |
| zip code if currently being used or
later implemented by the |
18 |
| carrier, that shall be the means by which the
Illinois Commerce |
19 |
| Commission shall determine distributions from
the Wireless |
20 |
| Service Emergency Fund.
This information shall be updated no |
21 |
| less often than every year. Wireless
carriers are not required |
22 |
| to remit surcharge moneys that are billed to
subscribers but |
23 |
| not yet collected.
|
24 |
| (d) Notwithstanding any provision of law to the contrary,
|
25 |
| nothing shall impair the right of wireless carriers to recover
|
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| compliance costs for all emergency communications services |
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| that are not reimbursed out of the Wireless Carrier |
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| Reimbursement Fund
directly from their customers via line-item |
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| charges on the
customer's bill. Those compliance costs include |
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| all costs
incurred by wireless carriers in complying with |
5 |
| local, State,
and federal regulatory or legislative mandates |
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| that require the
transmission and receipt of emergency |
7 |
| communications to and
from the general public, including, but |
8 |
| not limited to, E-911.
|
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| (e) The Auditor General shall conduct, on an annual basis, |
10 |
| an audit of the Wireless Service Emergency Fund and the |
11 |
| Wireless Carrier Reimbursement Fund for compliance with the |
12 |
| requirements of this Act. The audit shall include, but not be |
13 |
| limited to, the following determinations:
|
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| (1) Whether the Commission is maintaining detailed |
15 |
| records of all receipts and disbursements from the Wireless |
16 |
| Carrier Emergency Fund and the Wireless Carrier |
17 |
| Reimbursement Fund.
|
18 |
| (2) Whether the Commission's administrative costs |
19 |
| charged to the funds are adequately documented and are |
20 |
| reasonable.
|
21 |
| (3) Whether the Commission's procedures for making |
22 |
| grants and providing reimbursements in accordance with the |
23 |
| Act are adequate.
|
24 |
| (4) The status of the implementation of wireless 9-1-1 |
25 |
| and E9-1-1 services in Illinois.
|
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| The Commission, the Department of State Police, and any |
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| other entity or person that may have information relevant to |
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| the audit shall cooperate fully and promptly with the Office of |
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| the Auditor General in conducting the audit. The Auditor |
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| General shall commence the audit as soon as possible and |
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| distribute the report upon completion in accordance with |
6 |
| Section 3-14 of the Illinois State Auditing Act.
|
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| (Source: P.A. 92-526, eff. 7-1-02; 93-507, eff. 1-1-04; 93-839, |
8 |
| eff. 7-30-04.)
|
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| (50 ILCS 751/25)
|
10 |
| (Section scheduled to be repealed on April 1, 2008)
|
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| Sec. 25. Wireless Service Emergency Fund; distribution of |
12 |
| moneys.
Within 60 days after the effective date of this Act, |
13 |
| wireless carriers
shall submit to the Illinois Commerce |
14 |
| Commission the number of
wireless subscribers by zip code and |
15 |
| the 9-digit zip code of the wireless
subscribers, if currently |
16 |
| being used or later implemented by the carrier.
|
17 |
| The Illinois Commerce Commission shall, subject to
|
18 |
| appropriation, make monthly proportional grants to the |
19 |
| appropriate emergency
telephone system board or qualified |
20 |
| governmental entity based upon the United
States Postal Zip |
21 |
| Code of the wireless subscriber's billing address. No
matching |
22 |
| funds shall be required from grant recipients.
|
23 |
| If the Illinois Commerce Commission is notified of an area
|
24 |
| of overlapping jurisdiction, grants for that area shall be made |
25 |
| based upon
reference to an official Master Street Address Guide |
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| to the emergency
telephone system board or qualified |
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| governmental entity whose public
service answering points |
3 |
| provide wireless 9-1-1 service in that area.
The emergency |
4 |
| telephone system board or qualified governmental entity shall
|
5 |
| provide the Illinois Commerce Commission with a valid copy of |
6 |
| the
appropriate Master Street Address Guide. The Illinois |
7 |
| Commerce Commission does not have a duty to verify |
8 |
| jurisdictional responsibility.
|
9 |
| In the event of a subscriber billing address being matched |
10 |
| to an incorrect
jurisdiction by the Illinois Commerce |
11 |
| Commission, the recipient,
upon notification from the Illinois |
12 |
| Commerce Commission, shall
redirect the funds to the correct |
13 |
| jurisdiction. The Illinois Commerce Commission
shall not be |
14 |
| held liable for any damages relating to an
act or omission |
15 |
| under this Act, unless the act or omission constitutes gross
|
16 |
| negligence, recklessness, or intentional misconduct.
|
17 |
| In the event of a dispute between emergency telephone |
18 |
| system boards or
qualified governmental entities concerning a |
19 |
| subscriber billing address, the
Illinois Commerce Commission |
20 |
| shall resolve the dispute.
|
21 |
| The Illinois Commerce Commission shall maintain detailed |
22 |
| records
of all receipts and disbursements and shall provide an |
23 |
| annual accounting of all
receipts and disbursements to the |
24 |
| Auditor General.
|
25 |
| The Illinois Commerce Commission shall adopt rules to |
26 |
| govern the
grant process.
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| The Illinois Commerce Commission may also use moneys in the |
2 |
| Wireless Service Emergency Fund for the purpose of conducting a |
3 |
| study to determine the future technological and financial needs |
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| of the wireless 9-1-1 systems. A study shall include input from |
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| the telecommunications industry, the Illinois National |
6 |
| Emergency Number Association, and the public safety community.
|
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| (Source: P.A. 93-839, eff. 7-30-04.)
|
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| (50 ILCS 751/35)
|
9 |
| (Section scheduled to be repealed on April 1, 2008)
|
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| Sec. 35. Wireless Carrier Reimbursement Fund; |
11 |
| reimbursement. To recover costs from the Wireless Carrier |
12 |
| Reimbursement Fund, the wireless
carrier shall submit sworn |
13 |
| invoices to the Illinois Commerce Commission. In no event may |
14 |
| any invoice for payment be approved for (i) costs
that are not |
15 |
| related to compliance with the requirements established by the
|
16 |
| wireless enhanced 9-1-1 mandates of the Federal Communications |
17 |
| Commission, (ii)
costs with respect to any wireless enhanced |
18 |
| 9-1-1 service that is not operable
at the time the invoice is |
19 |
| submitted, or (iii) costs of any wireless carrier
exceeding |
20 |
| 100% of the wireless emergency services charges remitted to the
|
21 |
| Wireless Carrier Reimbursement Fund by the wireless carrier |
22 |
| under Section
17(b) unless the wireless carrier received prior |
23 |
| approval for the expenditures
from the Illinois Commerce |
24 |
| Commission.
|
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| If in any month the total amount of invoices submitted to |
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| the Illinois Commerce Commission and approved for payment |
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| exceeds the amount
available in the Wireless Carrier |
3 |
| Reimbursement Fund, wireless carriers that
have invoices |
4 |
| approved for payment shall receive a pro-rata share of the |
5 |
| amount
available in the Wireless Carrier Reimbursement Fund |
6 |
| based on the relative
amount of their approved invoices |
7 |
| available that month, and the balance of
the payments shall be |
8 |
| carried into the following months until all of the approved
|
9 |
| payments
are made.
|
10 |
| A wireless carrier may not receive payment from the |
11 |
| Wireless Carrier
Reimbursement Fund for its costs of providing |
12 |
| wireless enhanced 9-1-1 services
in an area when a unit of |
13 |
| local government or emergency telephone system board
provides |
14 |
| wireless 9-1-1 services in that area and was imposing and |
15 |
| collecting a
wireless carrier surcharge prior to July 1, 1998.
|
16 |
| The Illinois Commerce Commission shall maintain detailed |
17 |
| records
of all receipts and disbursements and shall provide an |
18 |
| annual accounting of all
receipts and disbursements to the |
19 |
| Auditor General.
|
20 |
| The Illinois Commerce Commission shall adopt rules to |
21 |
| govern the
reimbursement process.
|
22 |
| Upon the effective date of this amendatory Act of the 95th |
23 |
| General Assembly, or as soon thereafter as practical, the State |
24 |
| Comptroller shall order transferred and the State Treasurer |
25 |
| shall transfer the sum of $8,000,000 from the Wireless Carrier |
26 |
| Reimbursement Fund to the Wireless Service Emergency Fund. That |
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| amount shall be used by the Illinois Commerce Commission to |
2 |
| make grants in the manner described in Section 25 of this Act.
|
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| (Source: P.A. 93-507, eff. 1-1-04; 93-839, eff. 7-30-04.)
|
4 |
| (50 ILCS 751/45)
|
5 |
| (Section scheduled to be repealed on April 1, 2008)
|
6 |
| Sec. 45. Continuation of current practices. |
7 |
| Notwithstanding any other
provision of this Act, a unit of |
8 |
| local government or emergency telephone
system board providing |
9 |
| wireless 9-1-1 service and imposing and collecting a
wireless |
10 |
| carrier surcharge prior to July 1, 1998 may continue its |
11 |
| practices of
imposing and collecting its wireless carrier |
12 |
| surcharge, but in no event shall
that monthly surcharge exceed |
13 |
| $2.50
$1.25 per commercial mobile radio service (CMRS)
|
14 |
| connection or in-service telephone number billed on a monthly |
15 |
| basis.
For mobile telecommunications services provided on and |
16 |
| after August 1, 2002,
any surcharge imposed shall be imposed |
17 |
| based upon the municipality or county
that encompasses the |
18 |
| customer's place of primary use as defined in the Mobile
|
19 |
| Telecommunications Sourcing Conformity Act.
|
20 |
| In addition to any other lawful purpose, a municipality |
21 |
| with a population over 500,000 may use the moneys collected |
22 |
| under this Section for any anti-terrorism or emergency |
23 |
| preparedness measures, including, but not limited to, |
24 |
| preparedness planning, providing local matching funds for |
25 |
| federal or State grants, personnel training, and specialized |
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| equipment, including surveillance cameras as needed to deal |
2 |
| with natural and terrorist-inspired emergency situations or |
3 |
| events.
|
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| (Source: P.A. 91-660, eff. 12-22-99; 92-526, eff. 7-1-02 .)
|
5 |
| (50 ILCS 751/70)
|
6 |
| (Section scheduled to be repealed on April 1, 2008)
|
7 |
| Sec. 70. Repealer. This Act is repealed on April 1, 2013
|
8 |
| 2008 .
|
9 |
| (Source: P.A. 93-507, eff. 1-1-04.)
|
10 |
| Section 99. Effective date. This Act takes effect January |
11 |
| 1, 2008. |