Rep. John E. Bradley

Filed: 5/25/2015

 

 


 

 


 
09900SB0096ham002LRB099 04130 JLK 36128 a

1
AMENDMENT TO SENATE BILL 96

2    AMENDMENT NO. ______. Amend Senate Bill 96 by replacing
3everything after the enacting clause with the following:
 
4
"ARTICLE I

 
5    Section 1-5. The Attorney General Act is amended by
6changing Section 6.5 as follows:
 
7    (15 ILCS 205/6.5)
8    Sec. 6.5. Consumer Utilities Unit.
9    (a) The General Assembly finds that the health, welfare,
10and prosperity of all Illinois citizens, and the public's
11interest in adequate, safe, reliable, cost-effective electric,
12natural gas, water, cable, video, and telecommunications
13services, requires effective public representation by the
14Attorney General to protect the rights and interests of the
15public in the provision of all elements of electric, natural

 

 

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1gas, water, cable, video, and telecommunications service both
2during and after the transition to a competitive market, and
3that to ensure that the benefits of competition in the
4provision of electric, natural gas, water, cable, video, and
5telecommunications services to all consumers are attained,
6there shall be created within the Office of the Attorney
7General a Consumer Utilities Unit.
8    (b) As used in this Section: "Electric services" means
9services sold by an electric service provider. "Electric
10service provider" shall mean anyone who sells, contracts to
11sell, or markets electric power, generation, distribution,
12transmission, or services (including metering and billing) in
13connection therewith. Electric service providers shall include
14any electric utility and any alternative retail electric
15supplier as defined in Section 16-102 of the Public Utilities
16Act.
17    (b-5) As used in this Section: "Telecommunications
18services" means services sold by a telecommunications carrier,
19as provided for in Section 13-203 of the Public Utilities Act.
20"Telecommunications carrier" means anyone who sells, contracts
21to sell, or markets telecommunications services, whether
22noncompetitive or competitive, including access services,
23interconnection services, or any services in connection
24therewith. Telecommunications carriers include any carrier as
25defined in Section 13-202 of the Public Utilities Act.
26    (b-10) As used in this Section, "natural gas services"

 

 

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1means natural gas services sold by a "gas utility" or by an
2"alternative gas supplier", as those terms are defined in
3Section 19-105 of the Public Utilities Act.
4    (b-15) As used in this Section, "water services" means
5services sold by any corporation, company, limited liability
6company, association, joint stock company or association,
7firm, partnership, or individual, its lessees, trustees, or
8receivers appointed by any court and that owns, controls,
9operates, or manages within this State, directly or indirectly,
10for public use, any plant, equipment, or property used or to be
11used for or in connection with (i) the production, storage,
12transmission, sale, delivery, or furnishing of water or (ii)
13the treatment, storage, transmission, disposal, sale of
14services, delivery, or furnishing of sewage or sewage services.
15    (b-20) As used in this Section, "cable service and video
16service" means services sold by anyone who sells, contracts to
17sell, or markets cable services or video services pursuant to a
18State-issued authorization under the Cable and Video
19Competition Law of 2007.
20    (c) There is created within the Office of the Attorney
21General a Consumer Utilities Unit, consisting of Assistant
22Attorneys General appointed by the Attorney General, who,
23together with such other staff as is deemed necessary by the
24Attorney General, shall have the power and duty on behalf of
25the people of the State to intervene in, initiate, enforce, and
26defend all legal proceedings on matters relating to the

 

 

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1provision, marketing, and sale of electric, natural gas, water,
2cable, video, and telecommunications service whenever the
3Attorney General determines that such action is necessary to
4promote or protect the rights and interests of all Illinois
5citizens, classes of customers, and users of electric, natural
6gas, water, cable, video, and telecommunications services.
7    (d) In addition to the investigative and enforcement powers
8available to the Attorney General, including without
9limitation those under the Consumer Fraud and Deceptive
10Business Practices Act, the Illinois Antitrust Act, and any
11other law of this State, the Attorney General shall be a party
12as a matter of right to all proceedings, investigations, and
13related matters involving the provision of electric, natural
14gas, water, cable, video, and telecommunications services
15before the Illinois Commerce Commission, the courts, and other
16public bodies. Upon request, the Office of the Attorney General
17shall have access to and the use of all files, records, data,
18and documents in the possession or control of the Commission.
19The Office of the Attorney General may use information obtained
20under this Section, including information that is designated as
21and that qualifies for confidential treatment, which
22information the Attorney General's office shall maintain as
23confidential, to be used for law enforcement purposes only,
24which information may be shared with other law enforcement
25officials. Nothing in this Section is intended to take away or
26limit any of the powers the Attorney General has pursuant to

 

 

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1common law or other statutory law.
2(Source: P.A. 94-291, eff. 7-21-05; 95-9, eff. 6-30-07; 95-876,
3eff. 8-21-08.)
 
4    Section 1-10. The Department of State Police Law of the
5Civil Administrative Code of Illinois is amended by changing
6Section 2605-25 and by adding Section 2605-52 as follows:
 
7    (20 ILCS 2605/2605-25)  (was 20 ILCS 2605/55a-1)
8    Sec. 2605-25. Department divisions. The Department is
9divided into the Illinois State Police Academy and 5 4
10divisions: the Division of Operations, the Division of Forensic
11Services, the Division of Administration, and the Division of
12Internal Investigation, and the Division of 9-1-1. Beginning on
13July 1, 2015, there shall be the Division of the Statewide
149-1-1 Administrator within the Department of State Police to
15develop, implement, and oversee a uniform statewide 9-1-1
16system for all areas of the State outside of municipalities
17having a population of more than 500,000.
18(Source: P.A. 98-634, eff. 6-6-14.)
 
19    (20 ILCS 2605/2605-52 new)
20    Sec. 2605-52. Division of 9-1-1.
21    (a) There shall be established a Division of 9-1-1 within
22the Department. Beginning January 1, 2016, the Division of
239-1-1 shall be responsible for developing, implementing, and

 

 

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1overseeing a uniform statewide 9-1-1 system for all areas of
2the State outside of municipalities having a population over
3500,000.
4    (b) The Governor shall appoint, with the advice and consent
5of the Senate, a Statewide 9-1-1 Administrator as the head of
6the Division of 9-1-1. The Administrator shall serve for a term
7of 2 years, and until a successor is appointed and qualified;
8except that the term of the first 9-1-1 Administrator appointed
9under this Act shall expire on the third Monday in January,
102017. The Administrator shall not hold any other remunerative
11public office. The Administrator shall receive an annual salary
12as set by the Governor.
 
13    Section 1-15. The State Finance Act is amended by adding
14Section 5.866 as follows:
 
15    (30 ILCS 105/5.866 new)
16    Sec. 5.866. The Illinois Telecommunications Access
17Corporation Fund.
 
18    Section 1-20. The Emergency Telephone System Act is amended
19by changing Section 15.3 and by adding Sections 19, 75, and 99
20as follows:
 
21    (50 ILCS 750/15.3)  (from Ch. 134, par. 45.3)
22    Sec. 15.3. Surcharge.

 

 

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1    (a) The corporate authorities of any municipality or any
2county may, subject to the limitations of subsections (c), (d),
3and (h), and in addition to any tax levied pursuant to the
4Simplified Municipal Telecommunications Tax Act, impose a
5monthly surcharge on billed subscribers of network connection
6provided by telecommunication carriers engaged in the business
7of transmitting messages by means of electricity originating
8within the corporate limits of the municipality or county
9imposing the surcharge at a rate per network connection
10determined in accordance with subsection (c), however the
11monthly surcharge shall not apply to a network connection
12provided for use with pay telephone services. Provided,
13however, that where multiple voice grade communications
14channels are connected between the subscriber's premises and a
15public switched network through private branch exchange (PBX)
16or centrex type service, a municipality imposing a surcharge at
17a rate per network connection, as determined in accordance with
18this Act, shall impose:
19        (i) in a municipality with a population of 500,000 or
20    less or in any county, 5 such surcharges per network
21    connection, as determined in accordance with subsections
22    (a) and (d) of Section 2.12 of this Act, for both regular
23    service and advanced service provisioned trunk lines;
24        (ii) in a municipality with a population, prior to
25    March 1, 2010, of 500,000 or more, 5 surcharges per network
26    connection, as determined in accordance with subsections

 

 

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1    (a) and (d) of Section 2.12 of this Act, for both regular
2    service and advanced service provisioned trunk lines;
3        (iii) in a municipality with a population, as of March
4    1, 2010, of 500,000 or more, 5 surcharges per network
5    connection, as determined in accordance with subsections
6    (a) and (d) of Section 2.12 of this Act, for regular
7    service provisioned trunk lines, and 12 surcharges per
8    network connection, as determined in accordance with
9    subsections (a) and (d) of Section 2.12 of this Act, for
10    advanced service provisioned trunk lines, except where an
11    advanced service provisioned trunk line supports at least 2
12    but fewer than 23 simultaneous voice grade calls ("VGC's"),
13    a telecommunication carrier may elect to impose fewer than
14    12 surcharges per trunk line as provided in subsection (iv)
15    of this Section; or
16        (iv) for an advanced service provisioned trunk line
17    connected between the subscriber's premises and the public
18    switched network through a P.B.X., where the advanced
19    service provisioned trunk line is capable of transporting
20    at least 2 but fewer than 23 simultaneous VGC's per trunk
21    line, the telecommunications carrier collecting the
22    surcharge may elect to impose surcharges in accordance with
23    the table provided in this Section, without limiting any
24    telecommunications carrier's obligations to otherwise keep
25    and maintain records. Any telecommunications carrier
26    electing to impose fewer than 12 surcharges per an advanced

 

 

 

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1    service provisioned trunk line shall keep and maintain
2    records adequately to demonstrate the VGC capability of
3    each advanced service provisioned trunk line with fewer
4    than 12 surcharges imposed, provided that 12 surcharges
5    shall be imposed on an advanced service provisioned trunk
6    line regardless of the VGC capability where a
7    telecommunications carrier cannot demonstrate the VGC
8    capability of the advanced service provisioned trunk line.
 
9Facility VGC's 911 Surcharges
10Advanced service provisioned trunk line 18-23 12
11Advanced service provisioned trunk line 12-17 10
12Advanced service provisioned trunk line 2-11 8
13    Subsections (i), (ii), (iii), and (iv) are not intended to
14make any change in the meaning of this Section, but are
15intended to remove possible ambiguity, thereby confirming the
16intent of paragraph (a) as it existed prior to and following
17the effective date of this amendatory Act of the 97th General
18Assembly.
19    For mobile telecommunications services, if a surcharge is
20imposed it shall be imposed based upon the municipality or
21county that encompasses the customer's place of primary use as
22defined in the Mobile Telecommunications Sourcing Conformity
23Act. A municipality may enter into an intergovernmental
24agreement with any county in which it is partially located,

 

 

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1when the county has adopted an ordinance to impose a surcharge
2as provided in subsection (c), to include that portion of the
3municipality lying outside the county in that county's
4surcharge referendum. If the county's surcharge referendum is
5approved, the portion of the municipality identified in the
6intergovernmental agreement shall automatically be
7disconnected from the county in which it lies and connected to
8the county which approved the referendum for purposes of a
9surcharge on telecommunications carriers.
10    (b) For purposes of computing the surcharge imposed by
11subsection (a), the network connections to which the surcharge
12shall apply shall be those in-service network connections,
13other than those network connections assigned to the
14municipality or county, where the service address for each such
15network connection or connections is located within the
16corporate limits of the municipality or county levying the
17surcharge. Except for mobile telecommunication services, the
18"service address" shall mean the location of the primary use of
19the network connection or connections. For mobile
20telecommunication services, "service address" means the
21customer's place of primary use as defined in the Mobile
22Telecommunications Sourcing Conformity Act.
23    (c) Upon the passage of an ordinance to impose a surcharge
24under this Section the clerk of the municipality or county
25shall certify the question of whether the surcharge may be
26imposed to the proper election authority who shall submit the

 

 

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1public question to the electors of the municipality or county
2in accordance with the general election law; provided that such
3question shall not be submitted at a consolidated primary
4election. The public question shall be in substantially the
5following form:
6-------------------------------------------------------------
7    Shall the county (or city, village
8or incorporated town) of ..... impose          YES
9a surcharge of up to ... per month per
10network connection, which surcharge will
11be added to the monthly bill you receive   ------------------
12for telephone or telecommunications
13charges, for the purpose of installing
14(or improving) a 9-1-1 Emergency               NO
15Telephone System?
16-------------------------------------------------------------
17    If a majority of the votes cast upon the public question
18are in favor thereof, the surcharge shall be imposed.
19    However, if a Joint Emergency Telephone System Board is to
20be created pursuant to an intergovernmental agreement under
21Section 15.4, the ordinance to impose the surcharge shall be
22subject to the approval of a majority of the total number of
23votes cast upon the public question by the electors of all of
24the municipalities or counties, or combination thereof, that
25are parties to the intergovernmental agreement.
26    The referendum requirement of this subsection (c) shall not

 

 

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1apply to any municipality with a population over 500,000 or to
2any county in which a proposition as to whether a sophisticated
39-1-1 Emergency Telephone System should be installed in the
4county, at a cost not to exceed a specified monthly amount per
5network connection, has previously been approved by a majority
6of the electors of the county voting on the proposition at an
7election conducted before the effective date of this amendatory
8Act of 1987.
9    (d) A county may not impose a surcharge, unless requested
10by a municipality, in any incorporated area which has
11previously approved a surcharge as provided in subsection (c)
12or in any incorporated area where the corporate authorities of
13the municipality have previously entered into a binding
14contract or letter of intent with a telecommunications carrier
15to provide sophisticated 9-1-1 service through municipal
16funds.
17    (e) A municipality or county may at any time by ordinance
18change the rate of the surcharge imposed under this Section if
19the new rate does not exceed the rate specified in the
20referendum held pursuant to subsection (c).
21    (f) The surcharge authorized by this Section shall be
22collected from the subscriber by the telecommunications
23carrier providing the subscriber the network connection as a
24separately stated item on the subscriber's bill.
25    (g) The amount of surcharge collected by the
26telecommunications carrier shall be paid to the particular

 

 

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1municipality or county or Joint Emergency Telephone System
2Board not later than 30 days after the surcharge is collected,
3net of any network or other 9-1-1 or sophisticated 9-1-1 system
4charges then due the particular telecommunications carrier, as
5shown on an itemized bill. The telecommunications carrier
6collecting the surcharge shall also be entitled to deduct 3% of
7the gross amount of surcharge collected to reimburse the
8telecommunications carrier for the expense of accounting and
9collecting the surcharge.
10    (h) Except as expressly provided in subsection (a) of this
11Section, on or after the effective date of this amendatory Act
12of the 98th General Assembly and until July 1, 2017 2015, a
13municipality with a population of 500,000 or more shall not
14impose a monthly surcharge per network connection in excess of
15the highest monthly surcharge imposed as of January 1, 2014 by
16any county or municipality under subsection (c) of this
17Section. On or after July 1, 2017 2015, a municipality with a
18population over 500,000 may not impose a monthly surcharge in
19excess of $2.50 per network connection.
20    (i) Any municipality or county or joint emergency telephone
21system board that has imposed a surcharge pursuant to this
22Section prior to the effective date of this amendatory Act of
231990 shall hereafter impose the surcharge in accordance with
24subsection (b) of this Section.
25    (j) The corporate authorities of any municipality or county
26may issue, in accordance with Illinois law, bonds, notes or

 

 

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1other obligations secured in whole or in part by the proceeds
2of the surcharge described in this Section. Notwithstanding any
3change in law subsequent to the issuance of any bonds, notes or
4other obligations secured by the surcharge, every municipality
5or county issuing such bonds, notes or other obligations shall
6be authorized to impose the surcharge as though the laws
7relating to the imposition of the surcharge in effect at the
8time of issuance of the bonds, notes or other obligations were
9in full force and effect until the bonds, notes or other
10obligations are paid in full. The State of Illinois pledges and
11agrees that it will not limit or alter the rights and powers
12vested in municipalities and counties by this Section to impose
13the surcharge so as to impair the terms of or affect the
14security for bonds, notes or other obligations secured in whole
15or in part with the proceeds of the surcharge described in this
16Section.
17    (k) Any surcharge collected by or imposed on a
18telecommunications carrier pursuant to this Section shall be
19held to be a special fund in trust for the municipality, county
20or Joint Emergency Telephone Board imposing the surcharge.
21Except for the 3% deduction provided in subsection (g) above,
22the special fund shall not be subject to the claims of
23creditors of the telecommunication carrier.
24(Source: P.A. 97-463, eff. 8-19-11; 98-634, eff. 6-6-14.)
 
25    (50 ILCS 750/19 new)

 

 

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1    Sec. 19. Statewide 9-1-1 Advisory Board.
2    (a) Beginning July 1, 2015, there is created the Statewide
39-1-1 Advisory Board within the Department of State Police. The
4Board shall consist of the following 11 voting members:
5        (1) The Director of the State Police, or his or her
6    designee, who shall serve as chairman.
7        (2) The Executive Director of the Commission, or his or
8    her designee.
9        (3) Nine members appointed by the Governor as follows:
10            (A) one member representing the Illinois chapter
11        of the National Emergency Number Association, or his or
12        her designee;
13            (B) one member representing the Illinois chapter
14        of the Association of Public-Safety Communications
15        Officials, or his or her designee;
16            (C) one member representing a county 9-1-1 system
17        from a county with a population of less than 50,000;
18            (D) one member representing a county 9-1-1 system
19        from a county with a population between 50,000 and
20        250,000;
21            (E) one member representing a county 9-1-1 system
22        from a county with a population of more than 250,000;
23            (F) one member representing a municipality with a
24        population of less than 500,000 in a county with a
25        population of in excess of 2,000,000;
26            (G) one member representing the Illinois

 

 

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1        Association of Chiefs of Police;
2            (H) one member representing the Illinois Sheriffs'
3        Association; and
4            (I) one member representing the Illinois Fire
5        Chiefs Association.
6    The Governor shall appoint the following non-voting
7members: (i) one member representing an incumbent local
8exchange 9-1-1 system provider; (ii) one member representing a
9non-incumbent local exchange 9-1-1 system provider; (iii) one
10member representing a large wireless carrier; (iv) one member
11representing a small wireless carrier; and (v) one member
12representing the Illinois Telecommunications Association.
13    (b) The Governor shall make initial appointments to the
14Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the
15voting members appointed by the Governor shall serve an initial
16term of 2 years, and the remaining voting members appointed by
17the Governor shall serve an initial term of 3 years.
18Thereafter, each appointment by the Governor shall be for a
19term of 3 years. Non-voting members shall serve for a term of 3
20years. Vacancies shall be filled in the same manner as the
21original appointment. Persons appointed to fill a vacancy shall
22serve for the balance of the unexpired term.
23    Members of the Statewide 9-1-1 Advisory Board shall serve
24without compensation.
25    (c) The 9-1-1 Services Advisory Board, as constituted on
26June 1, 2015 without the legislative members, shall serve in

 

 

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1the role of the Statewide 9-1-1 Advisory Board until all
2appointments of voting members have been made by the Governor
3under subsection (a) of this Section.
4    (d) The Statewide 9-1-1 Advisory Board shall:
5        (1) advise the Department of State Police and the
6    Statewide 9-1-1 Administrator on the oversight of 9-1-1
7    systems and the development and implementation of a uniform
8    statewide 9-1-1 system;
9        (2) make recommendations to the Governor and the
10    General Assembly regarding improvements to 9-1-1 services
11    throughout the State; and
12        (3) exercise all other powers and duties provided in
13    this Act.
14    (e) The Statewide 9-1-1 Advisory Board shall submit to the
15General Assembly a report by March 1 of each year providing an
16update on the transition to a statewide 9-1-1 system and
17recommending any legislative action.
18    (f) The Department of State Police shall provide
19administrative support to the Statewide 9-1-1 Advisory Board.
 
20    (50 ILCS 750/75 new)
21    Sec. 75. Transfer of rights, functions, powers, duties, and
22property to Department of State Police; rules and standards;
23savings provisions.
24    (a) On January 1, 2016, the rights, functions, powers, and
25duties of the Illinois Commerce Commission as set forth in this

 

 

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1Act and the Wireless Emergency Telephone Safety Act existing
2prior to January 1, 2016, are transferred to and shall be
3exercised by the Department of State Police. On or before
4January 1, 2016, the Commission shall transfer and deliver to
5the Department all books, records, documents, property (real
6and personal), unexpended appropriations, and pending business
7pertaining to the rights, powers, duties, and functions
8transferred to the Department under this amendatory Act of the
999th General Assembly.
10    (b) The rules and standards of the Commission that are in
11effect on January 1, 2016 and that pertain to the rights,
12powers, duties, and functions transferred to the Department
13under this amendatory Act of the 99th General Assembly shall
14become the rules and standards of the Department on January 1,
152016, and shall continue in effect until amended or repealed by
16the Department.
17    Any rules pertaining to the rights, powers, duties, and
18functions transferred to the Department under this amendatory
19Act of the 99th General Assembly that have been proposed by the
20Commission but have not taken effect or been finally adopted by
21January 1, 2016, shall become proposed rules of the Department
22on January 1, 2016, and any rulemaking procedures that have
23already been completed by the Commission for those proposed
24rules need not be repealed.
25    As soon as it is practical after January 1, 2016, the
26Department shall revise and clarify the rules transferred to it

 

 

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1under this amendatory Act of the 99th General Assembly to
2reflect the transfer of rights, powers, duties, and functions
3effected by this amendatory Act of the 99th General Assembly
4using the procedures for recodification of rules available
5under the Illinois Administrative Procedure Act, except that
6existing title, part, and section numbering for the affected
7rules may be retained. The Department may propose and adopt
8under the Illinois Administrative Procedure Act any other rules
9necessary to consolidate and clarify those rules.
10    (c) The rights, powers, duties, and functions transferred
11to the Department by this amendatory Act of the 99th General
12Assembly shall be vested in and exercised by the Department
13subject to the provisions of this Act and the Wireless
14Emergency Telephone Safety Act. An act done by the Department
15or an officer, employee, or agent of the Department in the
16exercise of the transferred rights, powers, duties, and
17functions shall have the same legal effect as if done by the
18Commission or an officer, employee, or agent of the Commission.
19    The transfer of rights, powers, duties, and functions to
20the Department under this amendatory Act of the 99th General
21Assembly does not invalidate any previous action taken by or in
22respect to the Commission, its officers, employees, or agents.
23References to the Commission or its officers, employees, or
24agents in any document, contract, agreement, or law shall, in
25appropriate contexts, be deemed to refer to the Department or
26its officers, employees, or agents.

 

 

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1    The transfer of rights, powers, duties, and functions to
2the Department under this amendatory Act of the 99th General
3Assembly does not affect any person's rights, obligations, or
4duties, including any civil or criminal penalties applicable
5thereto, arising out of those transferred rights, powers,
6duties, and functions.
7    This amendatory Act of the 99th General Assembly does not
8affect any act done, ratified, or cancelled, any right
9occurring or established, or any action or proceeding commenced
10in an administrative, civil, or criminal case before January 1,
112016. Any such action or proceeding that pertains to a right,
12power, duty, or function transferred to the Department under
13this amendatory Act of the 99th General Assembly that is
14pending on that date may be prosecuted, defended, or continued
15by the Commission.
16    For the purposes of Section 9b of the State Finance Act,
17the Department is the successor to the Commission with respect
18to the rights, duties, powers, and functions transferred by
19this amendatory Act of the 99th General Assembly.
20    (c) The Department is authorized to enter into an
21intergovernmental agreement with the Commission for the
22purpose of having the Commission assist the Department and the
23Statewide 9-1-1 Administrator in carrying out their duties and
24functions under this Act.
 
25    (50 ILCS 750/99 new)

 

 

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1    Sec. 99. Repealer. This Act is repealed on July 1, 2017.
 
2    Section 1-25. The Wireless Emergency Telephone Safety Act
3is amended by changing Sections 27, 45, and 70 as follows:
 
4    (50 ILCS 751/27)
5    (Section scheduled to be repealed on July 1, 2015)
6    Sec. 27. Financial reports.
7    (a) The Illinois Commerce Commission shall create uniform
8accounting procedures, with such modification as may be
9required to give effect to statutory provisions applicable only
10to municipalities with a population in excess of 500,000, that
11any emergency telephone system board, qualified governmental
12entity, or unit of local government described in Section 15 of
13this Act and Section 15.4 of the Emergency Telephone System Act
14or any entity imposing a wireless surcharge pursuant to Section
1545 of this Act must follow.
16    (b) By October 1, 2014, each emergency telephone system
17board, qualified governmental entity, or unit of local
18government described in Section 15 of this Act and Section 15.4
19of the Emergency Telephone System Act or any entity imposing a
20wireless surcharge pursuant to Section 45 of this Act shall
21report to the Illinois Commerce Commission audited financial
22statements showing total revenue and expenditures for each of
23the last two of its fiscal years in a form and manner as
24prescribed by the Illinois Commerce Commission's Manager of

 

 

09900SB0096ham002- 22 -LRB099 04130 JLK 36128 a

1Accounting. Such financial information shall include:
2        (1) a detailed summary of revenue from all sources
3    including, but not limited to, local, State, federal, and
4    private revenues, and any other funds received;
5        (2) operating expenses, capital expenditures, and cash
6    balances; and
7        (3) such other financial information that is relevant
8    to the provision of 9-1-1 services as determined by the
9    Illinois Commerce Commission's Manager of Accounting.
10    The emergency telephone system board, qualified
11governmental entity, or unit of local government is responsible
12for any costs associated with auditing such financial
13statements. The Illinois Commerce Commission shall post the
14audited financial statements on the Commission's website.
15    (c) By October 1, 2015 January 31, 2016 and each year
16thereafter, each emergency telephone system board, qualified
17governmental entity, or unit of local government described in
18Section 15 of this Act and Section 15.4 of the Emergency
19Telephone System Act or any entity imposing a wireless
20surcharge pursuant to Section 45 of this Act shall report to
21the Illinois Commerce Commission audited annual financial
22statements showing total revenue and expenditures in a form and
23manner as prescribed by the Illinois Commerce Commission's
24Manager of Accounting.
25    The emergency telephone system board, qualified
26governmental entity, or unit of local government is responsible

 

 

09900SB0096ham002- 23 -LRB099 04130 JLK 36128 a

1for any costs associated with auditing such financial
2statements.
3    The Illinois Commerce Commission shall post each entity's
4individual audited annual financial statements on the
5Commission's website.
6    (d) If an emergency telephone system board or qualified
7governmental entity that receives funds from the Wireless
8Service Emergency Fund fails to file the 9-1-1 system financial
9reports as required under this Section, the Illinois Commerce
10Commission shall suspend and withhold monthly grants otherwise
11due to the emergency telephone system board or qualified
12governmental entity under Section 25 of this Act until the
13report is filed.
14    Any monthly grants that have been withheld for 12 months or
15more shall be forfeited by the emergency telephone system board
16or qualified governmental entity and shall be distributed
17proportionally by the Illinois Commerce Commission to
18compliant emergency telephone system boards and qualified
19governmental entities that receive funds from the Wireless
20Service Emergency Fund.
21    (e) The Illinois Commerce Commission may adopt emergency
22rules necessary to carry out the provisions of this Section.
23(Source: P.A. 98-634, eff. 6-6-14.)
 
24    (50 ILCS 751/45)
25    (Section scheduled to be repealed on July 1, 2015)

 

 

09900SB0096ham002- 24 -LRB099 04130 JLK 36128 a

1    Sec. 45. Continuation of current practices.
2    (a) Notwithstanding any other provision of this Act, a unit
3of local government or emergency telephone system board
4providing wireless 9-1-1 service and imposing and collecting a
5wireless carrier surcharge prior to July 1, 1998 may continue
6its practices of imposing and collecting its wireless carrier
7surcharge, but, except as provided in subsection (b) of this
8Section, in no event shall that monthly surcharge exceed $2.50
9per commercial mobile radio service (CMRS) connection or
10in-service telephone number billed on a monthly basis. For
11mobile telecommunications services provided on and after
12August 1, 2002, any surcharge imposed shall be imposed based
13upon the municipality or county that encompasses the customer's
14place of primary use as defined in the Mobile
15Telecommunications Sourcing Conformity Act.
16    (b) On or after the effective date of this amendatory Act
17of the 98th General Assembly and until July 1, 2017 2015, the
18corporate authorities of a municipality with a population in
19excess of 500,000 on the effective date of this amendatory Act
20may by ordinance impose and collect a monthly surcharge per
21commercial mobile radio service (CMRS) connection or
22in-service telephone number billed on a monthly basis that does
23not exceed the highest monthly surcharge imposed as of January
241, 2014 by any county or municipality under subsection (c) of
25Section 15.3 of the Emergency Telephone System Act. On or after
26July 1, 2017 2015, the municipality may continue imposing and

 

 

09900SB0096ham002- 25 -LRB099 04130 JLK 36128 a

1collecting its wireless carrier surcharge as provided in and
2subject to the limitations of subsection (a) of this Section.
3    (c) In addition to any other lawful purpose, a municipality
4with a population over 500,000 may use the moneys collected
5under this Section for any anti-terrorism or emergency
6preparedness measures, including, but not limited to,
7preparedness planning, providing local matching funds for
8federal or State grants, personnel training, and specialized
9equipment, including surveillance cameras as needed to deal
10with natural and terrorist-inspired emergency situations or
11events.
12(Source: P.A. 98-634, eff. 6-6-14.)
 
13    (50 ILCS 751/70)
14    (Section scheduled to be repealed on July 1, 2015)
15    Sec. 70. Repealer. This Act is repealed on December 31 July
161, 2015.
17(Source: P.A. 97-1163, eff. 2-4-13; 98-45, eff. 6-28-13;
1898-634, eff. 6-6-14.)
 
19    Section 1-30. The Prepaid Wireless 9-1-1 Surcharge Act is
20amended by changing Section 15 as follows:
 
21    (50 ILCS 753/15)
22    Sec. 15. Prepaid wireless 9-1-1 surcharge.
23    (a) Until September 30, 2015, there There is hereby imposed

 

 

09900SB0096ham002- 26 -LRB099 04130 JLK 36128 a

1on consumers a prepaid wireless 9-1-1 surcharge of 1.5% per
2retail transaction. Beginning October 1, 2015, the prepaid
3wireless 9-1-1 surcharge shall be 3% per retail transaction.
4The surcharge authorized by this subsection (a) does not apply
5in a home rule municipality having a population in excess of
6500,000. The amount of the surcharge may be reduced or
7increased pursuant to subsection (e).
8    (a-5) On or after the effective date of this amendatory Act
9of the 98th General Assembly and until July 1, 2017 2015, a
10home rule municipality having a population in excess of 500,000
11on the effective date of this amendatory Act may impose a
12prepaid wireless 9-1-1 surcharge not to exceed 9% per retail
13transaction sourced to that jurisdiction and collected and
14remitted in accordance with the provisions of subsection (b-5)
15of this Section. On or after July 1, 2017 2015, a home rule
16municipality having a population in excess of 500,000 on the
17effective date of this Act may only impose a prepaid wireless
189-1-1 surcharge not to exceed 7% per retail transaction sourced
19to that jurisdiction and collected and remitted in accordance
20with the provisions of subsection (b-5).
21    (b) The prepaid wireless 9-1-1 surcharge shall be collected
22by the seller from the consumer with respect to each retail
23transaction occurring in this State and shall be remitted to
24the Department by the seller as provided in this Act. The
25amount of the prepaid wireless 9-1-1 surcharge shall be
26separately stated as a distinct item apart from the charge for

 

 

09900SB0096ham002- 27 -LRB099 04130 JLK 36128 a

1the prepaid wireless telecommunications service on an invoice,
2receipt, or other similar document that is provided to the
3consumer by the seller or shall be otherwise disclosed to the
4consumer. If the seller does not separately state the surcharge
5as a distinct item to the consumer as provided in this Section,
6then the seller shall maintain books and records as required by
7this Act which clearly identify the amount of the 9-1-1
8surcharge for retail transactions.
9    For purposes of this subsection (b), a retail transaction
10occurs in this State if (i) the retail transaction is made in
11person by a consumer at the seller's business location and the
12business is located within the State; (ii) the seller is a
13provider and sells prepaid wireless telecommunications service
14to a consumer located in Illinois; (iii) the retail transaction
15is treated as occurring in this State for purposes of the
16Retailers' Occupation Tax Act; or (iv) a seller that is
17included within the definition of a "retailer maintaining a
18place of business in this State" under Section 2 of the Use Tax
19Act makes a sale of prepaid wireless telecommunications service
20to a consumer located in Illinois. In the case of a retail
21transaction which does not occur in person at a seller's
22business location, if a consumer uses a credit card to purchase
23prepaid wireless telecommunications service on-line or over
24the telephone, and no product is shipped to the consumer, the
25transaction occurs in this State if the billing address for the
26consumer's credit card is in this State.

 

 

09900SB0096ham002- 28 -LRB099 04130 JLK 36128 a

1    (b-5) The prepaid wireless 9-1-1 surcharge imposed under
2subsection (a-5) of this Section shall be collected by the
3seller from the consumer with respect to each retail
4transaction occurring in the municipality imposing the
5surcharge. The amount of the prepaid wireless 9-1-1 surcharge
6shall be separately stated on an invoice, receipt, or other
7similar document that is provided to the consumer by the seller
8or shall be otherwise disclosed to the consumer. If the seller
9does not separately state the surcharge as a distinct item to
10the consumer as provided in this Section, then the seller shall
11maintain books and records as required by this Act which
12clearly identify the amount of the 9-1-1 surcharge for retail
13transactions.
14    For purposes of this subsection (b-5), a retail transaction
15occurs in the municipality if (i) the retail transaction is
16made in person by a consumer at the seller's business location
17and the business is located within the municipality; (ii) the
18seller is a provider and sells prepaid wireless
19telecommunications service to a consumer located in the
20municipality; (iii) the retail transaction is treated as
21occurring in the municipality for purposes of the Retailers'
22Occupation Tax Act; or (iv) a seller that is included within
23the definition of a "retailer maintaining a place of business
24in this State" under Section 2 of the Use Tax Act makes a sale
25of prepaid wireless telecommunications service to a consumer
26located in the municipality. In the case of a retail

 

 

09900SB0096ham002- 29 -LRB099 04130 JLK 36128 a

1transaction which does not occur in person at a seller's
2business location, if a consumer uses a credit card to purchase
3prepaid wireless telecommunications service on-line or over
4the telephone, and no product is shipped to the consumer, the
5transaction occurs in the municipality if the billing address
6for the consumer's credit card is in the municipality.
7    (c) The prepaid wireless 9-1-1 surcharge is imposed on the
8consumer and not on any provider. The seller shall be liable to
9remit all prepaid wireless 9-1-1 surcharges that the seller
10collects from consumers as provided in Section 20, including
11all such surcharges that the seller is deemed to collect where
12the amount of the surcharge has not been separately stated on
13an invoice, receipt, or other similar document provided to the
14consumer by the seller. The surcharge collected or deemed
15collected by a seller shall constitute a debt owed by the
16seller to this State, and any such surcharge actually collected
17shall be held in trust for the benefit of the Department.
18    For purposes of this subsection (c), the surcharge shall
19not be imposed or collected from entities that have an active
20tax exemption identification number issued by the Department
21under Section 1g of the Retailers' Occupation Tax Act.
22    (d) The amount of the prepaid wireless 9-1-1 surcharge that
23is collected by a seller from a consumer, if such amount is
24separately stated on an invoice, receipt, or other similar
25document provided to the consumer by the seller, shall not be
26included in the base for measuring any tax, fee, surcharge, or

 

 

09900SB0096ham002- 30 -LRB099 04130 JLK 36128 a

1other charge that is imposed by this State, any political
2subdivision of this State, or any intergovernmental agency.
3    (e) (Blank.) The prepaid wireless 9-1-1 charge imposed
4under subsection (a) of this Section shall be proportionately
5increased or reduced, as applicable, upon any change to the
6surcharge imposed under Section 17 of the Wireless Emergency
7Telephone Safety Act. The adjusted rate shall be determined by
8dividing the amount of the surcharge imposed under Section 17
9of the Wireless Emergency Telephone Safety Act by $50. Such
10increase or reduction shall be effective on the first day of
11the first calendar month to occur at least 60 days after the
12enactment of the change to the surcharge imposed under Section
1317 of the Wireless Emergency Telephone Safety Act. The
14Department shall provide not less than 30 days' notice of an
15increase or reduction in the amount of the surcharge on the
16Department's website.
17    (e-5) Any changes in the rate of the surcharge imposed by a
18municipality under the authority granted in subsection (a-5) of
19this Section shall be effective on the first day of the first
20calendar month to occur at least 60 days after the enactment of
21the change. The Department shall provide not less than 30 days'
22notice of the increase or reduction in the rate of such
23surcharge on the Department's website.
24    (f) When prepaid wireless telecommunications service is
25sold with one or more other products or services for a single,
26non-itemized price, then the percentage specified in

 

 

09900SB0096ham002- 31 -LRB099 04130 JLK 36128 a

1subsection (a) or (a-5) of this Section 15 shall be applied to
2the entire non-itemized price unless the seller elects to apply
3the percentage to (i) the dollar amount of the prepaid wireless
4telecommunications service if that dollar amount is disclosed
5to the consumer or (ii) the portion of the price that is
6attributable to the prepaid wireless telecommunications
7service if the retailer can identify that portion by reasonable
8and verifiable standards from its books and records that are
9kept in the regular course of business for other purposes,
10including, but not limited to, books and records that are kept
11for non-tax purposes. However, if a minimal amount of prepaid
12wireless telecommunications service is sold with a prepaid
13wireless device for a single, non-itemized price, then the
14seller may elect not to apply the percentage specified in
15subsection (a) or (a-5) of this Section 15 to such transaction.
16For purposes of this subsection, an amount of service
17denominated as 10 minutes or less or $5 or less is considered
18minimal.
19    (g) The prepaid wireless 9-1-1 surcharge imposed under
20subsections (a) and (a-5) of this Section is not imposed on the
21provider or the consumer for wireless Lifeline service where
22the consumer does not pay the provider for the service. Where
23the consumer purchases from the provider optional minutes,
24texts, or other services in addition to the federally-funded
25Lifeline benefit, a consumer must pay the prepaid wireless
269-1-1 surcharge, and it must be collected by the seller

 

 

09900SB0096ham002- 32 -LRB099 04130 JLK 36128 a

1according to subsection (b-5).
2(Source: P.A. 97-463, eff. 1-1-12; 97-748, eff. 7-6-12; 98-634,
3eff. 6-6-14.)
 
4    Section 1-35. The Public Utilities Act is amended by
5changing Sections 13-506.2, 13-703, 13-1200, 21-401, 21-801,
621-1001, and 21-1601 as follows:
 
7    (220 ILCS 5/13-506.2)
8    (Section scheduled to be repealed on July 1, 2015)
9    Sec. 13-506.2. Market regulation for competitive retail
10services.
11    (a) Definitions. As used in this Section:
12        (1) "Electing Provider" means a telecommunications
13    carrier that is subject to either rate regulation pursuant
14    to Section 13-504 or Section 13-505 or alternative
15    regulation pursuant to Section 13-506.1 and that elects to
16    have the rates, terms, and conditions of its competitive
17    retail telecommunications services solely determined and
18    regulated pursuant to the terms of this Article.
19        (2) "Basic local exchange service" means either a
20    stand-alone residence network access line and per-call
21    usage or, for any geographic area in which such stand-alone
22    service is not offered, a stand-alone flat rate residence
23    network access line for which local calls are not charged
24    for frequency or duration. Extended Area Service shall be

 

 

09900SB0096ham002- 33 -LRB099 04130 JLK 36128 a

1    included in basic local exchange service.
2        (3) "Existing customer" means a residential customer
3    who was subscribing to one of the optional packages
4    described in subsection (d) of this Section as of the
5    effective date of this amendatory Act of the 99th General
6    Assembly. A customer who was subscribing to one of the
7    optional packages on that date but stops subscribing
8    thereafter shall not be considered an "existing customer"
9    as of the date the customer stopped subscribing to the
10    optional package, unless the stoppage is temporary and
11    caused by the customer changing service address locations,
12    or unless the customer resumes subscribing and is eligible
13    to receive discounts on monthly telephone service under the
14    federal Lifeline program, 47 C.F.R. Part 54, Subpart E.
15        (4)"New customer" means a residential customer who was
16    not subscribing to one of the optional packages described
17    in subsection (d) of this Section as of the effective date
18    of this amendatory Act of the 99th General Assembly and who
19    is eligible to receive discounts on monthly telephone
20    service under the federal Lifeline program, 47 C.F.R. 54,
21    Subpart E.
22    (b) Election for market regulation. Notwithstanding any
23other provision of this Act, an Electing Provider may elect to
24have the rates, terms, and conditions of its competitive retail
25telecommunications services solely determined and regulated
26pursuant to the terms of this Section by filing written notice

 

 

09900SB0096ham002- 34 -LRB099 04130 JLK 36128 a

1of its election for market regulation with the Commission. The
2notice of election shall designate the geographic area of the
3Electing Provider's service territory where the market
4regulation shall apply, either on a state-wide basis or in one
5or more specified Market Service Areas ("MSA") or Exchange
6areas. An Electing Provider shall not make an election for
7market regulation under this Section unless it commits in its
8written notice of election for market regulation to fulfill the
9conditions and requirements in this Section in each geographic
10area in which market regulation is elected. Immediately upon
11filing the notice of election for market regulation, the
12Electing Provider shall be subject to the jurisdiction of the
13Commission to the extent expressly provided in this Section.
14    (c) Competitive classification. Market regulation shall be
15available for competitive retail telecommunications services
16as provided in this subsection.
17        (1) For geographic areas in which telecommunications
18    services provided by the Electing Provider were classified
19    as competitive either through legislative action or a
20    tariff filing pursuant to Section 13-502 prior to January
21    1, 2010, and that are included in the Electing Provider's
22    notice of election pursuant to subsection (b) of this
23    Section, such services, and all recurring and nonrecurring
24    charges associated with, related to or used in connection
25    with such services, shall be classified as competitive
26    without further Commission review. For services classified

 

 

09900SB0096ham002- 35 -LRB099 04130 JLK 36128 a

1    as competitive pursuant to this subsection, the
2    requirements or conditions in any order or decision
3    rendered by the Commission pursuant to Section 13-502 prior
4    to the effective date of this amendatory Act of the 96th
5    General Assembly, except for the commitments made by the
6    Electing Provider in such order or decision concerning the
7    optional packages required in subsection (d) of this
8    Section and basic local exchange service as defined in this
9    Section, shall no longer be in effect and no Commission
10    investigation, review, or proceeding under Section 13-502
11    shall be continued, conducted, or maintained with respect
12    to such services, charges, requirements, or conditions.
13    Beginning July 1, 2017, the commitments made by the
14    Electing Provider in such order or decision concerning the
15    optional packages under subsection (d) of this Section
16    shall no longer be in effect and no Commission
17    investigation, review, or proceeding under Section 13-502
18    shall be continued, conducted, or maintained with respect
19    to such packages.
20        (2) For those geographic areas in which residential
21    local exchange telecommunications services have not been
22    classified as competitive as of the effective date of this
23    amendatory Act of the 96th General Assembly, all
24    telecommunications services provided to residential and
25    business end users by an Electing Provider in the
26    geographic area that is included in its notice of election

 

 

09900SB0096ham002- 36 -LRB099 04130 JLK 36128 a

1    pursuant to subsection (b) shall be classified as
2    competitive for purposes of this Article without further
3    Commission review.
4        (3) If an Electing Provider was previously subject to
5    alternative regulation pursuant to Section 13-506.1 of
6    this Article, the alternative regulation plan shall
7    terminate in whole for all services subject to that plan
8    and be of no force or effect, without further Commission
9    review or action, when the Electing Provider's residential
10    local exchange telecommunications service in each MSA in
11    its telecommunications service area in the State has been
12    classified as competitive pursuant to either subdivision
13    (c)(1) or (c)(2) of this Section.
14        (4) The service packages described in Section 13-518
15    shall be classified as competitive for purposes of this
16    Section if offered by an Electing Provider in a geographic
17    area in which local exchange telecommunications service
18    has been classified as competitive pursuant to either
19    subdivision (c)(1) or (c)(2) of this Section.
20        (5) Where a service, or its functional equivalent, or a
21    substitute service offered by a carrier that is not an
22    Electing Provider or the incumbent local exchange carrier
23    for that area is also being offered by an Electing Provider
24    for some identifiable class or group of customers in an
25    exchange, group of exchanges, or some other clearly defined
26    geographical area, the service offered by a carrier that is

 

 

09900SB0096ham002- 37 -LRB099 04130 JLK 36128 a

1    not an Electing Provider or the incumbent local exchange
2    carrier for that area shall be classified as competitive
3    without further Commission review.
4        (6) Notwithstanding any other provision of this Act,
5    retail telecommunications services classified as
6    competitive pursuant to Section 13-502 or subdivision
7    (c)(5) of this Section shall have their rates, terms, and
8    conditions solely determined and regulated pursuant to the
9    terms of this Section in the same manner and to the same
10    extent as the competitive retail telecommunications
11    services of an Electing Provider, except that subsections
12    (d), (g), and (j) of this Section shall not apply to a
13    carrier that is not an Electing Provider or to the
14    competitive telecommunications services of a carrier that
15    is not an Electing Provider. The access services of a
16    carrier that is not an Electing Provider shall remain
17    subject to Section 13-900.2. The requirements in
18    subdivision (e)(3) of this Section shall not apply to
19    retail telecommunications services classified as
20    competitive pursuant to Section 13-502 or subdivision
21    (c)(5) of this Section, except that, upon request from the
22    Commission, the telecommunications carrier providing
23    competitive retail telecommunications services shall
24    provide a report showing the number of credits and
25    exemptions for the requested time period.
26    (d) Consumer choice safe harbor options.

 

 

09900SB0096ham002- 38 -LRB099 04130 JLK 36128 a

1        (1) Subject to subdivision (d)(8) of this Section, an
2    An Electing Provider in each of the MSA or Exchange areas
3    classified as competitive pursuant to subdivision (c)(1)
4    or (c)(2) of this Section shall offer to all residential
5    customers who choose to subscribe the following optional
6    packages of services priced at the same rate levels in
7    effect on January 1, 2010:
8            (A) A basic package, which shall consist of a
9        stand-alone residential network access line and 30
10        local calls. If the Electing Provider offers a
11        stand-alone residential access line and local usage on
12        a per call basis, the price for the basic package shall
13        be the Electing Provider's applicable price in effect
14        on January 1, 2010 for the sum of a residential access
15        line and 30 local calls, additional calls over 30 calls
16        shall be provided at the current per call rate.
17        However, this basic package is not required if
18        stand-alone residential network access lines or
19        per-call local usage are not offered by the Electing
20        Provider in the geographic area on January 1, 2010 or
21        if the Electing Provider has not increased its
22        stand-alone network access line and local usage rates,
23        including Extended Area Service rates, since January
24        1, 2010.
25            (B) An extra package, which shall consist of
26        residential basic local exchange network access line

 

 

09900SB0096ham002- 39 -LRB099 04130 JLK 36128 a

1        and unlimited local calls. The price for the extra
2        package shall be the Electing Provider's applicable
3        price in effect on January 1, 2010 for a residential
4        access line with unlimited local calls.
5            (C) A plus package, which shall consist of
6        residential basic local exchange network access line,
7        unlimited local calls, and the customer's choice of 2
8        vertical services offered by the Electing Provider.
9        The term "vertical services" as used in this
10        subsection, includes, but is not limited to, call
11        waiting, call forwarding, 3-way calling, caller ID,
12        call tracing, automatic callback, repeat dialing, and
13        voicemail. The price for the plus package shall be the
14        Electing Provider's applicable price in effect on
15        January 1, 2010 for the sum of a residential access
16        line with unlimited local calls and 2 times the average
17        price for the vertical features included in the
18        package.
19        (2) Subject to subdivision (d)(8) of this Section, for
20    For those geographic areas in which local exchange
21    telecommunications services were classified as competitive
22    on the effective date of this amendatory Act of the 96th
23    General Assembly, an Electing Provider in each such MSA or
24    Exchange area shall be subject to the same terms and
25    conditions as provided in commitments made by the Electing
26    Provider in connection with such previous competitive

 

 

09900SB0096ham002- 40 -LRB099 04130 JLK 36128 a

1    classifications, which shall apply with equal force under
2    this Section, except as follows: (i) the limits on price
3    increases on the optional packages required by this Section
4    shall be extended consistent with subsection (d)(1) of this
5    Section and (ii) the price for the extra package required
6    by subsection (d)(1)(B) shall be reduced by one dollar from
7    the price in effect on January 1, 2010. In addition, if an
8    Electing Provider obtains a competitive classification
9    pursuant to subsection (c)(1) and (c)(2), the price for the
10    optional packages shall be determined in such area in
11    compliance with subsection (d)(1), except the price for the
12    plus package required by subsection (d)(1) (C) shall be the
13    lower of the price for such area or the price of the plus
14    package in effect on January 1, 2010 for areas classified
15    as competitive pursuant to subsection (c)(1).
16        (3) To the extent that the requirements in Section
17    13-518 applied to a telecommunications carrier prior to the
18    effective date of this Section and that telecommunications
19    carrier becomes an Electing Provider in accordance with the
20    provisions of this Section, the requirements in Section
21    13-518 shall cease to apply to that Electing Provider in
22    those geographic areas included in the Electing Provider's
23    notice of election pursuant to subsection (b) of this
24    Section.
25        (4) Subject to subdivision (d)(8) of this Section, an
26    An Electing Provider shall make the optional packages

 

 

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1    required by this subsection and stand-alone residential
2    network access lines and local usage, where offered,
3    readily available to the public by providing information,
4    in a clear manner, to residential customers. Information
5    shall be made available on a website, and an Electing
6    Provider shall provide notification to its customers every
7    6 months, provided that notification may consist of a bill
8    page message that provides an objective description of the
9    safe harbor options that includes a telephone number and
10    website address where the customer may obtain additional
11    information about the packages from the Electing Provider.
12    The optional packages shall be offered on a monthly basis
13    with no term of service requirement. An Electing Provider
14    shall allow online electronic ordering of the optional
15    packages and stand-alone residential network access lines
16    and local usage, where offered, on its website in a manner
17    similar to the online electronic ordering of its other
18    residential services.
19        (5) Subject to subdivision (d)(8) of this Section, an
20    An Electing Provider shall comply with the Commission's
21    existing rules, regulations, and notices in Title 83, Part
22    735 of the Illinois Administrative Code when offering or
23    providing the optional packages required by this
24    subsection (d) and stand-alone residential network access
25    lines.
26        (6) Subject to subdivision (d)(8) of this Section, an

 

 

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1    An Electing Provider shall provide to the Commission
2    semi-annual subscribership reports as of June 30 and
3    December 31 that contain the number of its customers
4    subscribing to each of the consumer choice safe harbor
5    packages required by subsection (d)(1) of this Section and
6    the number of its customers subscribing to retail
7    residential basic local exchange service as defined in
8    subsection (a)(2) of this Section. The first semi-annual
9    reports shall be made on April 1, 2011 for December 31,
10    2010, and on September 1, 2011 for June 30, 2011, and
11    semi-annually on April 1 and September 1 thereafter. Such
12    subscribership information shall be accorded confidential
13    and proprietary treatment upon request by the Electing
14    Provider.
15        (7) The Commission shall have the power, after notice
16    and hearing as provided in this Article, upon complaint or
17    upon its own motion, to take corrective action if the
18    requirements of this Section are not complied with by an
19    Electing Provider.
20        (8) On and after the effective date of this amendatory
21    act of the 99th General Assembly, an Electing Provider
22    shall continue to offer and provide the optional packages
23    described in this subsection (d) to existing customers and
24    new customers. On and after July 1, 2017, an Electing
25    Provider may immediately stop offering the optional
26    packages described in this subsection (d) and, upon

 

 

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1    providing two notices to affected customers and to the
2    Commission, may stop providing the optional packages
3    described in this subsection (d) to all customers who
4    subscribe to one of the optional packages. The first notice
5    shall be provided at least 90 days before the date upon
6    which the Electing Provider intends to stop providing the
7    optional packages, and the second notice must be provided
8    at least 30 days before that date. The first notice shall
9    not be provided prior to July 1, 2017. Each notice must
10    identify the date on which the Electing Provider intends to
11    stop providing the optional packages, at least one
12    alternative service available to the customer, and a
13    telephone number by which the customer may contact a
14    service representative of the Electing Provider. After
15    July 1, 2017 with respect to new customers, and upon the
16    expiration of the second notice period with respect to
17    customers who were subscribing to one of the optional
18    packages, subdivisions (d)(1), (d)(2), (d)(4), (d)(5),
19    (d)(6), and (d)(7) of this Section shall not apply to the
20    Electing Provider. Notwithstanding any other provision of
21    this Act, and subject to subdivision (d)(7) of this of this
22    Section, the Commission's authority over the
23    discontinuance of the optional packages described in this
24    subsection (d) by an Electing Provider shall be governed
25    solely by this subsection (d)(8).
26    (e) Service quality and customer credits for basic local

 

 

09900SB0096ham002- 44 -LRB099 04130 JLK 36128 a

1exchange service.
2        (1) An Electing Provider shall meet the following
3    service quality standards in providing basic local
4    exchange service, which for purposes of this subsection
5    (e), includes both basic local exchange service and any the
6    consumer choice safe harbor options that may be required by
7    subsection (d) of this Section.
8            (A) Install basic local exchange service within 5
9        business days after receipt of an order from the
10        customer unless the customer requests an installation
11        date that is beyond 5 business days after placing the
12        order for basic service and to inform the customer of
13        the Electing Provider's duty to install service within
14        this timeframe. If installation of service is
15        requested on or by a date more than 5 business days in
16        the future, the Electing Provider shall install
17        service by the date requested.
18            (B) Restore basic local exchange service for the
19        customer within 30 hours after receiving notice that
20        the customer is out of service.
21            (C) Keep all repair and installation appointments
22        for basic local exchange service if a customer premises
23        visit requires a customer to be present. The
24        appointment window shall be either a specific time or,
25        at a maximum, a 4-hour time block during evening,
26        weekend, and normal business hours.

 

 

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1            (D) Inform a customer when a repair or installation
2        appointment requires the customer to be present.
3        (2) Customers shall be credited by the Electing
4    Provider for violations of basic local exchange service
5    quality standards described in subdivision (e)(1) of this
6    Section. The credits shall be applied automatically on the
7    statement issued to the customer for the next monthly
8    billing cycle following the violation or following the
9    discovery of the violation. The next monthly billing cycle
10    following the violation or the discovery of the violation
11    means the billing cycle immediately following the billing
12    cycle in process at the time of the violation or discovery
13    of the violation, provided the total time between the
14    violation or discovery of the violation and the issuance of
15    the credit shall not exceed 60 calendar days. The Electing
16    Provider is responsible for providing the credits and the
17    customer is under no obligation to request such credits.
18    The following credits shall apply:
19            (A) If an Electing Provider fails to repair an
20        out-of-service condition for basic local exchange
21        service within 30 hours, the Electing Provider shall
22        provide a credit to the customer. If the service
23        disruption is for more than 30 hours, but not more than
24        48 hours, the credit must be equal to a pro-rata
25        portion of the monthly recurring charges for all basic
26        local exchange services disrupted. If the service

 

 

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1        disruption is for more than 48 hours, but not more than
2        72 hours, the credit must be equal to at least 33% of
3        one month's recurring charges for all local services
4        disrupted. If the service disruption is for more than
5        72 hours, but not more than 96 hours, the credit must
6        be equal to at least 67% of one month's recurring
7        charges for all basic local exchange services
8        disrupted. If the service disruption is for more than
9        96 hours, but not more than 120 hours, the credit must
10        be equal to one month's recurring charges for all basic
11        local exchange services disrupted. For each day or
12        portion thereof that the service disruption continues
13        beyond the initial 120-hour period, the Electing
14        Provider shall also provide an additional credit of $20
15        per calendar day.
16            (B) If an Electing Provider fails to install basic
17        local exchange service as required under subdivision
18        (e)(1) of this Section, the Electing Provider shall
19        waive 50% of any installation charges, or in the
20        absence of an installation charge or where
21        installation is pursuant to the Link Up program, the
22        Electing Provider shall provide a credit of $25. If an
23        Electing Provider fails to install service within 10
24        business days after the service application is placed,
25        or fails to install service within 5 business days
26        after the customer's requested installation date, if

 

 

09900SB0096ham002- 47 -LRB099 04130 JLK 36128 a

1        the requested date was more than 5 business days after
2        the date of the order, the Electing Provider shall
3        waive 100% of the installation charge, or in the
4        absence of an installation charge or where
5        installation is provided pursuant to the Link Up
6        program, the Electing Provider shall provide a credit
7        of $50. For each day that the failure to install
8        service continues beyond the initial 10 business days,
9        or beyond 5 business days after the customer's
10        requested installation date, if the requested date was
11        more than 5 business days after the date of the order,
12        the Electing Provider shall also provide an additional
13        credit of $20 per calendar day until the basic local
14        exchange service is installed.
15            (C) If an Electing Provider fails to keep a
16        scheduled repair or installation appointment when a
17        customer premises visit requires a customer to be
18        present as required under subdivision (e)(1) of this
19        Section, the Electing Provider shall credit the
20        customer $25 per missed appointment. A credit required
21        by this subdivision does not apply when the Electing
22        Provider provides the customer notice of its inability
23        to keep the appointment no later than 8:00 pm of the
24        day prior to the scheduled date of the appointment.
25            (D) Credits required by this subsection do not
26        apply if the violation of a service quality standard:

 

 

09900SB0096ham002- 48 -LRB099 04130 JLK 36128 a

1                (i) occurs as a result of a negligent or
2            willful act on the part of the customer;
3                (ii) occurs as a result of a malfunction of
4            customer-owned telephone equipment or inside
5            wiring;
6                (iii) occurs as a result of, or is extended by,
7            an emergency situation as defined in 83 Ill. Adm.
8            Code 732.10;
9                (iv) is extended by the Electing Provider's
10            inability to gain access to the customer's
11            premises due to the customer missing an
12            appointment, provided that the violation is not
13            further extended by the Electing Provider;
14                (v) occurs as a result of a customer request to
15            change the scheduled appointment, provided that
16            the violation is not further extended by the
17            Electing Provider;
18                (vi) occurs as a result of an Electing
19            Provider's right to refuse service to a customer as
20            provided in Commission rules; or
21                (vii) occurs as a result of a lack of
22            facilities where a customer requests service at a
23            geographically remote location, where a customer
24            requests service in a geographic area where the
25            Electing Provider is not currently offering
26            service, or where there are insufficient

 

 

09900SB0096ham002- 49 -LRB099 04130 JLK 36128 a

1            facilities to meet the customer's request for
2            service, subject to an Electing Provider's
3            obligation for reasonable facilities planning.
4        (3) Each Electing Provider shall provide to the
5    Commission on a quarterly basis and in a form suitable for
6    posting on the Commission's website in conformance with the
7    rules adopted by the Commission and in effect on April 1,
8    2010, a public report that includes the following data for
9    basic local exchange service quality of service:
10            (A) With regard to credits due in accordance with
11        subdivision (e)(2)(A) as a result of out-of-service
12        conditions lasting more than 30 hours:
13                (i) the total dollar amount of any customer
14            credits paid;
15                (ii) the number of credits issued for repairs
16            between 30 and 48 hours;
17                (iii) the number of credits issued for repairs
18            between 49 and 72 hours;
19                (iv) the number of credits issued for repairs
20            between 73 and 96 hours;
21                (v) the number of credits used for repairs
22            between 97 and 120 hours;
23                (vi) the number of credits issued for repairs
24            greater than 120 hours; and
25                (vii) the number of exemptions claimed for
26            each of the categories identified in subdivision

 

 

09900SB0096ham002- 50 -LRB099 04130 JLK 36128 a

1            (e)(2)(D).
2            (B) With regard to credits due in accordance with
3        subdivision (e)(2)(B) as a result of failure to install
4        basic local exchange service:
5                (i) the total dollar amount of any customer
6            credits paid;
7                (ii) the number of installations after 5
8            business days;
9                (iii) the number of installations after 10
10            business days;
11                (iv) the number of installations after 11
12            business days; and
13                (v) the number of exemptions claimed for each
14            of the categories identified in subdivision
15            (e)(2)(D).
16            (C) With regard to credits due in accordance with
17        subdivision (e)(2)(C) as a result of missed
18        appointments:
19                (i) the total dollar amount of any customer
20            credits paid;
21                (ii) the number of any customers receiving
22            credits; and
23                (iii) the number of exemptions claimed for
24            each of the categories identified in subdivision
25            (e)(2)(D).
26            (D) The Electing Provider's annual report required

 

 

09900SB0096ham002- 51 -LRB099 04130 JLK 36128 a

1        by this subsection shall also include, for
2        informational reporting, the performance data
3        described in subdivisions (e)(2)(A), (e)(2)(B), and
4        (e)(2)(C), and trouble reports per 100 access lines
5        calculated using the Commission's existing applicable
6        rules and regulations for such measures, including the
7        requirements for service standards established in this
8        Section.
9        (4) It is the intent of the General Assembly that the
10    service quality rules and customer credits in this
11    subsection (e) of this Section and other enforcement
12    mechanisms, including fines and penalties authorized by
13    Section 13-305, shall apply on a nondiscriminatory basis to
14    all Electing Providers. Accordingly, notwithstanding any
15    provision of any service quality rules promulgated by the
16    Commission, any alternative regulation plan adopted by the
17    Commission, or any other order of the Commission, any
18    Electing Provider that is subject to any other order of the
19    Commission and that violates or fails to comply with the
20    service quality standards promulgated pursuant to this
21    subsection (e) or any other order of the Commission shall
22    not be subject to any fines, penalties, customer credits,
23    or enforcement mechanisms other than such fines or
24    penalties or customer credits as may be imposed by the
25    Commission in accordance with the provisions of this
26    subsection (e) and Section 13-305, which are to be

 

 

09900SB0096ham002- 52 -LRB099 04130 JLK 36128 a

1    generally applicable to all Electing Providers. The amount
2    of any fines or penalties imposed by the Commission for
3    failure to comply with the requirements of this subsection
4    (e) shall be an appropriate amount, taking into account, at
5    a minimum, the Electing Provider's gross annual intrastate
6    revenue; the frequency, duration, and recurrence of the
7    violation; and the relative harm caused to the affected
8    customers or other users of the network. In imposing fines
9    and penalties, the Commission shall take into account
10    compensation or credits paid by the Electing Provider to
11    its customers pursuant to this subsection (e) in
12    compensation for any violation found pursuant to this
13    subsection (e), and in any event the fine or penalty shall
14    not exceed an amount equal to the maximum amount of a civil
15    penalty that may be imposed under Section 13-305.
16        (5) An Electing Provider in each of the MSA or Exchange
17    areas classified as competitive pursuant to subsection (c)
18    of this Section shall fulfill the requirements in
19    subdivision (e)(3) of this Section for 3 years after its
20    notice of election becomes effective. After such 3 years,
21    the requirements in subdivision (e)(3) of this Section
22    shall not apply to such Electing Provider, except that,
23    upon request from the Commission, the Electing Provider
24    shall provide a report showing the number of credits and
25    exemptions for the requested time period.
26    (f) Commission jurisdiction over competitive retail

 

 

09900SB0096ham002- 53 -LRB099 04130 JLK 36128 a

1telecommunications services. Except as otherwise expressly
2stated in this Section, the Commission shall thereafter have no
3jurisdiction or authority over any aspect of competitive retail
4telecommunications service of an Electing Provider in those
5geographic areas included in the Electing Provider's notice of
6election pursuant to subsection (b) of this Section or of a
7retail telecommunications service classified as competitive
8pursuant to Section 13-502 or subdivision (c)(5) of this
9Section, heretofore subject to the jurisdiction of the
10Commission, including but not limited to, any requirements of
11this Article related to the terms, conditions, rates, quality
12of service, availability, classification or any other aspect of
13any competitive retail telecommunications services. No
14telecommunications carrier shall commit any unfair or
15deceptive act or practice in connection with any aspect of the
16offering or provision of any competitive retail
17telecommunications service. Nothing in this Article shall
18limit or affect any provisions in the Consumer Fraud and
19Deceptive Business Practices Act with respect to any unfair or
20deceptive act or practice by a telecommunications carrier.
21    (g) Commission authority over access services upon
22election for market regulation.
23        (1) As part of its Notice of Election for Market
24    Regulation, the Electing Provider shall reduce its
25    intrastate switched access rates to rates no higher than
26    its interstate switched access rates in 4 installments. The

 

 

09900SB0096ham002- 54 -LRB099 04130 JLK 36128 a

1    first reduction must be made 30 days after submission of
2    its complete application for Notice of Election for Market
3    Regulation, and the Electing Provider must reduce its
4    intrastate switched access rates by an amount equal to 33%
5    of the difference between its current intrastate switched
6    access rates and its current interstate switched access
7    rates. The second reduction must be made no later than one
8    year after the first reduction, and the Electing Provider
9    must reduce its then current intrastate switched access
10    rates by an amount equal to 41% of the difference between
11    its then current intrastate switched access rates and its
12    then current interstate switched access rates. The third
13    reduction must be made no later than one year after the
14    second reduction, and the Electing Provider must reduce its
15    then current intrastate switched access rates by an amount
16    equal to 50% of the difference between its then current
17    intrastate switched access rate and its then current
18    interstate switched access rates. The fourth reduction
19    must be made on or before June 30, 2013, and the Electing
20    Provider must reduce its intrastate switched access rate to
21    mirror its then current interstate switched access rates
22    and rate structure. Following the fourth reduction, each
23    Electing Provider must continue to set its intrastate
24    switched access rates to mirror its interstate switched
25    access rates and rate structure. For purposes of this
26    subsection, the rate for intrastate switched access

 

 

09900SB0096ham002- 55 -LRB099 04130 JLK 36128 a

1    service means the composite, per-minute rate for that
2    service, including all applicable fixed and
3    traffic-sensitive charges, including, but not limited to,
4    carrier common line charges.
5        (2) Nothing in paragraph (1) of this subsection (g)
6    prohibits an Electing Provider from electing to offer
7    intrastate switched access service at rates lower than its
8    interstate switched access rates.
9        (3) The Commission shall have no authority to order an
10    Electing Provider to set its rates for intrastate switched
11    access at a level lower than its interstate switched access
12    rates.
13        (4) The Commission's authority under this subsection
14    (g) shall only apply to Electing Providers under Market
15    Regulation. The Commission's authority over switched
16    access services for all other carriers is retained under
17    Section 13-900.2 of this Act.
18    (h) Safety of service equipment and facilities.
19        (1) An Electing Provider shall furnish, provide, and
20    maintain such service instrumentalities, equipment, and
21    facilities as shall promote the safety, health, comfort,
22    and convenience of its patrons, employees, and public and
23    as shall be in all respects adequate, reliable, and
24    efficient without discrimination or delay. Every Electing
25    Provider shall provide service and facilities that are in
26    all respects environmentally safe.

 

 

09900SB0096ham002- 56 -LRB099 04130 JLK 36128 a

1        (2) The Commission is authorized to conduct an
2    investigation of any Electing Provider or part thereof. The
3    investigation may examine the reasonableness, prudence, or
4    efficiency of any aspect of the Electing Provider's
5    operations or functions that may affect the adequacy,
6    safety, efficiency, or reliability of telecommunications
7    service. The Commission may conduct or order an
8    investigation only when it has reasonable grounds to
9    believe that the investigation is necessary to assure that
10    the Electing Provider is providing adequate, efficient,
11    reliable, and safe service. The Commission shall, before
12    initiating any such investigation, issue an order
13    describing the grounds for the investigation and the
14    appropriate scope and nature of the investigation, which
15    shall be reasonably related to the grounds relied upon by
16    the Commission in its order.
17    (i) (Blank).
18    (j) Application of Article VII. The provisions of Sections
197-101, 7-102, 7-104, 7-204, 7-205, and 7-206 of this Act are
20applicable to an Electing Provider offering or providing retail
21telecommunications service, and the Commission's regulation
22thereof, except that (1) the approval of contracts and
23arrangements with affiliated interests required by paragraph
24(3) of Section 7-101 shall not apply to such telecommunications
25carriers provided that, except as provided in item (2), those
26contracts and arrangements shall be filed with the Commission;

 

 

09900SB0096ham002- 57 -LRB099 04130 JLK 36128 a

1(2) affiliated interest contracts or arrangements entered into
2by such telecommunications carriers where the increased
3obligation thereunder does not exceed the lesser of $5,000,000
4or 5% of such carrier's prior annual revenue from
5noncompetitive services are not required to be filed with the
6Commission; and (3) any consent and approval of the Commission
7required by Section 7-102 is not required for the sale, lease,
8assignment, or transfer by any Electing Provider of any
9property that is not necessary or useful in the performance of
10its duties to the public.
11    (k) Notwithstanding other provisions of this Section, the
12Commission retains its existing authority to enforce the
13provisions, conditions, and requirements of the following
14Sections of this Article: 13-101, 13-103, 13-201, 13-301,
1513-301.1, 13-301.2, 13-301.3, 13-303, 13-303.5, 13-304,
1613-305, 13-401, 13-401.1, 13-402, 13-403, 13-404, 13-404.1,
1713-404.2, 13-405, 13-406, 13-407, 13-501, 13-501.5, 13-503,
1813-505, 13-509, 13-510, 13-512, 13-513, 13-514, 13-515,
1913-516, 13-519, 13-702, 13-703, 13-704, 13-705, 13-706,
2013-707, 13-709, 13-713, 13-801, 13-802.1, 13-804, 13-900,
2113-900.1, 13-900.2, 13-901, 13-902, and 13-903, which are fully
22and equally applicable to Electing Providers and to
23telecommunications carriers providing retail
24telecommunications service classified as competitive pursuant
25to Section 13-502 or subdivision (c)(5) of this Section subject
26to the provisions of this Section. On the effective date of

 

 

09900SB0096ham002- 58 -LRB099 04130 JLK 36128 a

1this amendatory Act of the 98th General Assembly, the following
2Sections of this Article shall cease to apply to Electing
3Providers and to telecommunications carriers providing retail
4telecommunications service classified as competitive pursuant
5to Section 13-502 or subdivision (c)(5) of this Section:
613-302, 13-405.1, 13-502, 13-502.5, 13-504, 13-505.2,
713-505.3, 13-505.4, 13-505.5, 13-505.6, 13-506.1, 13-507,
813-507.1, 13-508, 13-508.1, 13-517, 13-518, 13-601, 13-701,
9and 13-712.
10(Source: P.A. 98-45, eff. 6-28-13.)
 
11    (220 ILCS 5/13-703)  (from Ch. 111 2/3, par. 13-703)
12    (Section scheduled to be repealed on July 1, 2015)
13    Sec. 13-703. (a) The Commission shall design and implement
14a program whereby each telecommunications carrier providing
15local exchange service shall provide a telecommunications
16device capable of servicing the needs of those persons with a
17hearing or speech disability together with a single party line,
18at no charge additional to the basic exchange rate, to any
19subscriber who is certified as having a hearing or speech
20disability by a licensed physician, speech-language
21pathologist, audiologist or a qualified State agency and to any
22subscriber which is an organization serving the needs of those
23persons with a hearing or speech disability as determined and
24specified by the Commission pursuant to subsection (d).
25    (b) The Commission shall design and implement a program,

 

 

09900SB0096ham002- 59 -LRB099 04130 JLK 36128 a

1whereby each telecommunications carrier providing local
2exchange service shall provide a telecommunications relay
3system, using third party intervention to connect those persons
4having a hearing or speech disability with persons of normal
5hearing by way of intercommunications devices and the telephone
6system, making available reasonable access to all phases of
7public telephone service to persons who have a hearing or
8speech disability. In order to design a telecommunications
9relay system which will meet the requirements of those persons
10with a hearing or speech disability available at a reasonable
11cost, the Commission shall initiate an investigation and
12conduct public hearings to determine the most cost-effective
13method of providing telecommunications relay service to those
14persons who have a hearing or speech disability when using
15telecommunications devices and therein solicit the advice,
16counsel, and physical assistance of Statewide nonprofit
17consumer organizations that serve persons with hearing or
18speech disabilities in such hearings and during the development
19and implementation of the system. The Commission shall phase in
20this program, on a geographical basis, as soon as is
21practicable, but no later than June 30, 1990.
22    (c) The Commission shall establish a competitively neutral
23rate recovery mechanism that establishes , authorizing charges
24in an amount to be determined by the Commission for each line
25of a subscriber to allow telecommunications carriers providing
26local exchange service to recover costs as they are incurred

 

 

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1under this Section. Beginning no later than April 1, 2016, and
2on a yearly basis thereafter, the Commission shall initiate a
3proceeding to establish the amount to be charged or assessed to
4subscribers of telecommunications carriers and wireless
5carriers, Interconnected VoIP service providers and purchasers
6of prepaid wireless telecommunications service in a manner
7consistent with this subsection (c) and subsection (f) of this
8Section. The Commission shall issue its order establishing the
9amount to be charged or assessed to subscribers of
10telecommunications carriers and wireless carriers,
11Interconnected VoIP service providers and purchasers of
12prepaid wireless telecommunications service on or prior to June
131 of each year, and such amount shall take effect June 1 of
14each year.
15    (d) The Commission shall determine and specify those
16organizations serving the needs of those persons having a
17hearing or speech disability that shall receive a
18telecommunications device and in which offices the equipment
19shall be installed in the case of an organization having more
20than one office. For the purposes of this Section,
21"organizations serving the needs of those persons with hearing
22or speech disabilities" means centers for independent living as
23described in Section 12a of the Disabled Persons Rehabilitation
24Act and not-for-profit organizations whose primary purpose is
25serving the needs of those persons with hearing or speech
26disabilities. The Commission shall direct the

 

 

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1telecommunications carriers subject to its jurisdiction and
2this Section to comply with its determinations and
3specifications in this regard.
4    (e) As used in this Section:
5    "Prepaid wireless telecommunications service" has the
6meaning given to that term under Section 10 of the Prepaid
7Wireless 9-1-1 Surcharge Act.
8    "Retail transaction" has the meaning given to that term
9under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act.
10    "Telecommunications , the phrase "telecommunications
11carrier providing local exchange service" includes, without
12otherwise limiting the meaning of the term, telecommunications
13carriers which are purely mutual concerns, having no rates or
14charges for services, but paying the operating expenses by
15assessment upon the members of such a company and no other
16person.
17    "Wireless carrier" has the meaning given to that term under
18Section 10 of the Wireless Emergency Telephone Safety Act.
19    (f) Interconnected VoIP service providers, sellers of
20prepaid wireless telecommunications service, and wireless
21carriers in Illinois shall collect and remit assessments
22determined in accordance with this Section in a competitively
23neutral manner in the same manner as a telecommunications
24carrier providing local exchange service. However, the
25assessment imposed on consumers of prepaid wireless
26telecommunications service shall be imposed per retail

 

 

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1transaction as a percentage of that retail transaction on all
2retail transactions occurring in this State. The assessment on
3subscribers of wireless carriers and consumers of prepaid
4wireless telecommunications service providers shall not be
5imposed or collected prior to June 1, 2016.
6    Sellers of prepaid wireless telecommunications service
7shall remit the assessments to the Department of Revenue on the
8same form and in the same manner which they remit the fee
9collected under the Prepaid Wireless 9-1-1 Surcharge Act. For
10the purposes of display on the consumers' receipts, the rates
11of the fee collected under the Prepaid Wireless 9-1-1 Surcharge
12Act and the assessment under this Section may be combined. In
13administration and enforcement of this Section, the provisions
14of Sections 15 and 20 of the Prepaid Wireless 9-1-1 Surcharge
15Act (except subsections (a), (a-5), (b-5), (e), and (e-5) of
16Section 15 and subsections (c) and (e) of Section 20 of the
17Prepaid Wireless 9-1-1 Surcharge Act and, from the effective
18date of this amendatory Act of the 99th General Assembly, the
19seller shall be permitted to deduct and retain 3% of the
20assessments that are collected by the seller from consumers and
21that are remitted and timely filed with the Department) that
22are not inconsistent with this Section, shall apply, as far as
23practicable, to the subject matter of this Section to the same
24extent as if those provisions were included in this Section.
25The Department shall deposit all assessments and penalties
26collected under this Section into the Illinois

 

 

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1Telecommunications Access Corporation Fund, a special fund
2created in the State treasury. On or before the 25th day of
3each calendar month, the Department shall prepare and certify
4to the Comptroller the amount available to the Commission for
5distribution out of the Illinois Telecommunications Access
6Corporation Fund. The amount certified shall be the amount (not
7including credit memoranda) collected during the second
8preceding calendar month by the Department, plus an amount the
9Department determines is necessary to offset any amounts which
10were erroneously paid to a different taxing body or fund. The
11amount paid to the Illinois Telecommunications Access
12Corporation Fund shall not include any amount equal to the
13amount of refunds made during the second preceding calendar
14month by the Department to retailers under this Section or any
15amount that the Department determines is necessary to offset
16any amounts which were payable to a different taxing body or
17fund but were erroneously paid to the Illinois
18Telecommunications Access Corporation Fund. The Commission
19shall distribute all the funds to the Illinois
20Telecommunications Access Corporation and the funds may only be
21used in accordance with the provisions of this Section. The
22Department shall deduct 2% of all amounts deposited in the
23Illinois Telecommunications Access Corporation Fund during
24every year of remitted assessments. Of the 2% deducted by the
25Department, one-half shall be transferred into the Tax
26Compliance and Administration Fund to reimburse the Department

 

 

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1for its direct costs of administering the collection and
2remittance of the assessment. The remaining one-half shall be
3transferred into the Public Utilities Fund to reimburse the
4Commission for its costs of distributing to the Illinois
5Telecommunications Access Corporation the amount certified by
6the Department for distribution.
7    Interconnected VoIP services shall not be considered an
8intrastate telecommunications service for the purposes of this
9Section in a manner inconsistent with federal law or Federal
10Communications Commission regulation.
11    (g) The provisions of this Section are severable under
12Section 1.31 of the Statute on Statutes.
13    (h) The Commission may adopt rules necessary to implement
14this Section.
15(Source: P.A. 96-927, eff. 6-15-10.)
 
16    (220 ILCS 5/13-1200)
17    (Section scheduled to be repealed on July 1, 2015)
18    Sec. 13-1200. Repealer. This Article is repealed July 1,
192017 2015.
20(Source: P.A. 98-45, eff. 6-28-13.)
 
21    (220 ILCS 5/21-401)
22    (Section scheduled to be repealed on July 1, 2015)
23    Sec. 21-401. Applications.
24    (a)(1) A person or entity seeking to provide cable service

 

 

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1or video service pursuant to this Article shall not use the
2public rights-of-way for the installation or construction of
3facilities for the provision of cable service or video service
4or offer cable service or video service until it has obtained a
5State-issued authorization to offer or provide cable or video
6service under this Section, except as provided for in item (2)
7of this subsection (a). All cable or video providers offering
8or providing service in this State shall have authorization
9pursuant to either (i) the Cable and Video Competition Law of
102007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the
11Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section
125-1095 of the Counties Code (55 ILCS 5/5-1095).
13    (2) Nothing in this Section shall prohibit a local unit of
14government from granting a permit to a person or entity for the
15use of the public rights-of-way to install or construct
16facilities to provide cable service or video service, at its
17sole discretion. No unit of local government shall be liable
18for denial or delay of a permit prior to the issuance of a
19State-issued authorization.
20    (b) The application to the Commission for State-issued
21authorization shall contain a completed affidavit submitted by
22the applicant and signed by an officer or general partner of
23the applicant affirming all of the following:
24        (1) That the applicant has filed or will timely file
25    with the Federal Communications Commission all forms
26    required by that agency in advance of offering cable

 

 

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1    service or video service in this State.
2        (2) That the applicant agrees to comply with all
3    applicable federal and State statutes and regulations.
4        (3) That the applicant agrees to comply with all
5    applicable local unit of government regulations.
6        (4) An exact description of the cable service or video
7    service area where the cable service or video service will
8    be offered during the term of the State-issued
9    authorization. The service area shall be identified in
10    terms of either (i) exchanges, as that term is defined in
11    Section 13-206 of this Act; (ii) a collection of United
12    States Census Bureau Block numbers (13 digit); (iii) if the
13    area is smaller than the areas identified in either (i) or
14    (ii), by geographic information system digital boundaries
15    meeting or exceeding national map accuracy standards; or
16    (iv) local unit of government. The description shall
17    include the number of low-income households within the
18    service area or footprint. If an applicant is an incumbent
19    cable operator, the incumbent cable operator and any
20    successor-in-interest shall be obligated to provide access
21    to cable services or video services within any local units
22    of government at the same levels required by the local
23    franchising authorities for the local unit of government on
24    June 30, 2007 (the effective date of Public Act 95-9), and
25    its application shall provide a description of an area no
26    smaller than the service areas contained in its franchise

 

 

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1    or franchises within the jurisdiction of the local unit of
2    government in which it seeks to offer cable or video
3    service.
4        (5) The location and telephone number of the
5    applicant's principal place of business within this State
6    and the names of the applicant's principal executive
7    officers who are responsible for communications concerning
8    the application and the services to be offered pursuant to
9    the application, the applicant's legal name, and any name
10    or names under which the applicant does or will provide
11    cable services or video services in this State.
12        (6) A certification that the applicant has
13    concurrently delivered a copy of the application to all
14    local units of government that include all or any part of
15    the service area identified in item (4) of this subsection
16    (b) within such local unit of government's jurisdictional
17    boundaries.
18        (7) The expected date that cable service or video
19    service will be initially offered in the area identified in
20    item (4) of this subsection (b). In the event that a holder
21    does not offer cable services or video services within 3
22    months after the expected date, it shall amend its
23    application and update the expected date service will be
24    offered and explain the delay in offering cable services or
25    video services.
26        (8) For any entity that received State-issued

 

 

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1    authorization prior to this amendatory Act of the 98th
2    General Assembly as a cable operator and that intends to
3    proceed as a cable operator under this Article, the entity
4    shall file a written affidavit with the Commission and
5    shall serve a copy of the affidavit with any local units of
6    government affected by the authorization within 30 days
7    after the effective date of this amendatory Act of the 98th
8    General Assembly stating that the holder will be providing
9    cable service under the State-issued authorization.
10    The application shall include adequate assurance that the
11applicant possesses the financial, managerial, legal, and
12technical qualifications necessary to construct and operate
13the proposed system, to promptly repair any damage to the
14public right-of-way caused by the applicant, and to pay the
15cost of removal of its facilities. To accomplish these
16requirements, the applicant may, at the time the applicant
17seeks to use the public rights-of-way in that jurisdiction, be
18required by the State of Illinois or later be required by the
19local unit of government, or both, to post a bond, produce a
20certificate of insurance, or otherwise demonstrate its
21financial responsibility.
22    The application shall include the applicant's general
23standards related to customer service required by Section
2422-501 of this Act, which shall include, but not be limited to,
25installation, disconnection, service and repair obligations;
26appointment hours; employee ID requirements; customer service

 

 

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1telephone numbers and hours; procedures for billing, charges,
2deposits, refunds, and credits; procedures for termination of
3service; notice of deletion of programming service and changes
4related to transmission of programming or changes or increases
5in rates; use and availability of parental control or lock-out
6devices; complaint procedures and procedures for bill dispute
7resolution and a description of the rights and remedies
8available to consumers if the holder does not materially meet
9their customer service standards; and special services for
10customers with visual, hearing, or mobility disabilities.
11    (c)(1) The applicant may designate information that it
12submits in its application or subsequent reports as
13confidential or proprietary, provided that the applicant
14states the reasons the confidential designation is necessary.
15The Commission shall provide adequate protection for such
16information pursuant to Section 4-404 of this Act. If the
17Commission, a local unit of government, or any other party
18seeks public disclosure of information designated as
19confidential, the Commission shall consider the confidential
20designation in a proceeding under the Illinois Administrative
21Procedure Act, and the burden of proof to demonstrate that the
22designated information is confidential shall be upon the
23applicant. Designated information shall remain confidential
24pending the Commission's determination of whether the
25information is entitled to confidential treatment. Information
26designated as confidential shall be provided to local units of

 

 

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1government for purposes of assessing compliance with this
2Article as permitted under a Protective Order issued by the
3Commission pursuant to the Commission's rules and to the
4Attorney General pursuant to Section 6.5 of the Attorney
5General Act (15 ILCS 205/6.5). Information designated as
6confidential under this Section or determined to be
7confidential upon Commission review shall only be disclosed
8pursuant to a valid and enforceable subpoena or court order or
9as required by the Freedom of Information Act. Nothing herein
10shall delay the application approval timeframes set forth in
11this Article.
12    (2) Information regarding the location of video services
13that have been or are being offered to the public and aggregate
14information included in the reports required by this Article
15shall not be designated or treated as confidential.
16    (d)(1) The Commission shall post all applications it
17receives under this Article on its web site within 5 business
18days.
19    (2) The Commission shall notify an applicant for a cable
20service or video service authorization whether the applicant's
21application and affidavit are complete on or before the 15th
22business day after the applicant submits the application. If
23the application and affidavit are not complete, the Commission
24shall state in its notice all of the reasons the application or
25affidavit are incomplete, and the applicant shall resubmit a
26complete application. The Commission shall have 30 days after

 

 

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1submission by the applicant of a complete application and
2affidavit to issue the service authorization. If the Commission
3does not notify the applicant regarding the completeness of the
4application and affidavit or issue the service authorization
5within the time periods required under this subsection, the
6application and affidavit shall be considered complete and the
7service authorization issued upon the expiration of the 30th
8day.
9    (e) Any authorization issued by the Commission will expire
10on December 31, 2020 2015 and shall contain or include all of
11the following:
12        (1) A grant of authority, including an authorization
13    issued prior to this amendatory Act of the 98th General
14    Assembly, to provide cable service or video service in the
15    service area footprint as requested in the application,
16    subject to the provisions of this Article in existence on
17    the date the grant of authority was issued, and any
18    modifications to this Article enacted at any time prior to
19    the date in Section 21-1601 of this Act, and to the laws of
20    the State and the ordinances, rules, and regulations of the
21    local units of government.
22        (2) A grant of authority to use, occupy, and construct
23    facilities in the public rights-of-way for the delivery of
24    cable service or video service in the service area
25    footprint, subject to the laws, ordinances, rules, or
26    regulations of this State and local units of governments.

 

 

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1        (3) A statement that the grant of authority is subject
2    to lawful operation of the cable service or video service
3    by the applicant, its affiliated entities, or its
4    successors-in-interest.
5    (e-5) (4) The Commission shall notify a local unit of
6government within 3 business days of the grant of any
7authorization within a service area footprint if that
8authorization includes any part of the local unit of
9government's jurisdictional boundaries and state whether the
10holder will be providing video service or cable service under
11the authorization.
12    (f) The authorization issued pursuant to this Section by
13the Commission may be transferred to any successor-in-interest
14to the applicant to which it is initially granted without
15further Commission action if the successor-in-interest (i)
16submits an application and the information required by
17subsection (b) of this Section for the successor-in-interest
18and (ii) is not in violation of this Article or of any federal,
19State, or local law, ordinance, rule, or regulation. A
20successor-in-interest shall file its application and notice of
21transfer with the Commission and the relevant local units of
22government no less than 15 business days prior to the
23completion of the transfer. The Commission is not required or
24authorized to act upon the notice of transfer; however, the
25transfer is not effective until the Commission approves the
26successor-in-interest's application. A local unit of

 

 

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1government or the Attorney General may seek to bar a transfer
2of ownership by filing suit in a court of competent
3jurisdiction predicated on the existence of a material and
4continuing breach of this Article by the holder, a pattern of
5noncompliance with customer service standards by the potential
6successor-in-interest, or the insolvency of the potential
7successor-in-interest. If a transfer is made when there are
8violations of this Article or of any federal, State, or local
9law, ordinance, rule, or regulation, the successor-in-interest
10shall be subject to 3 times the penalties provided for in this
11Article.
12    (g) The authorization issued pursuant to this Section
1321-401 of this Article by the Commission may be terminated, or
14its cable service or video service area footprint may be
15modified, by the cable service provider or video service
16provider by submitting notice to the Commission and to the
17relevant local unit of government containing a description of
18the change on the same terms as the initial description
19pursuant to item (4) of subsection (b) of this Section. The
20Commission is not required or authorized to act upon that
21notice. It shall be a violation of this Article for a holder to
22discriminate against potential residential subscribers because
23of the race or income of the residents in the local area in
24which the group resides by terminating or modifying its cable
25service or video service area footprint. It shall be a
26violation of this Article for a holder to terminate or modify

 

 

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1its cable service or video service area footprint if it leaves
2an area with no cable service or video service from any
3provider.
4    (h) The Commission's authority to administer this Article
5is limited to the powers and duties explicitly provided under
6this Article. Its authority under this Article does not include
7or limit the powers and duties that the Commission has under
8the other Articles of this Act, the Illinois Administrative
9Procedure Act, or any other law or regulation to conduct
10proceedings, other than as provided in subsection (c), or has
11to promulgate rules or regulations. The Commission shall not
12have the authority to limit or expand the obligations and
13requirements provided in this Section or to regulate or control
14a person or entity to the extent that person or entity is
15providing cable service or video service, except as provided in
16this Article.
17(Source: P.A. 98-45, eff. 6-28-13; 98-756, eff. 7-16-14.)
 
18    (220 ILCS 5/21-801)
19    (Section scheduled to be repealed on July 1, 2015)
20    Sec. 21-801. Applicable fees payable to the local unit of
21government.
22    (a) Prior to offering cable service or video service in a
23local unit of government's jurisdiction, a holder shall notify
24the local unit of government. The notice shall be given to the
25local unit of government at least 10 days before the holder

 

 

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1begins to offer cable service or video service within the
2boundaries of that local unit of government.
3    (b) In any local unit of government in which a holder
4offers cable service or video service on a commercial basis,
5the holder shall be liable for and pay the service provider fee
6to the local unit of government. The local unit of government
7shall adopt an ordinance imposing such a fee. The holder's
8liability for the fee shall commence on the first day of the
9calendar month that is at least 30 days after the adoption of
10holder receives such ordinance. The ordinance shall be sent by
11mail, postage prepaid, to the address listed on the holder's
12application provided to the local unit of government pursuant
13to item (6) of subsection (b) of Section 21-401 of this Act.
14The fee authorized by this Section shall be 5% of gross
15revenues or the same as the fee paid to the local unit of
16government by any incumbent cable operator providing cable
17service. The payment of the service provider fee shall be due
18on a quarterly basis, 45 days after the close of the calendar
19quarter. If mailed, the fee is considered paid on the date it
20is postmarked. Except as provided in this Article, the local
21unit of government may not demand any additional fees or
22charges from the holder and may not demand the use of any other
23calculation method other than allowed under this Article.
24    (c) For purposes of this Article, "gross revenues" means
25all consideration of any kind or nature, including, without
26limitation, cash, credits, property, and in-kind contributions

 

 

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1received by the holder for the operation of a cable or video
2system to provide cable service or video service within the
3holder's cable service or video service area within the local
4unit of government's jurisdiction.
5        (1) Gross revenues shall include the following:
6            (i) Recurring charges for cable service or video
7        service.
8            (ii) Event-based charges for cable service or
9        video service, including, but not limited to,
10        pay-per-view and video-on-demand charges.
11            (iii) Rental of set-top boxes and other cable
12        service or video service equipment.
13            (iv) Service charges related to the provision of
14        cable service or video service, including, but not
15        limited to, activation, installation, and repair
16        charges.
17            (v) Administrative charges related to the
18        provision of cable service or video service, including
19        but not limited to service order and service
20        termination charges.
21            (vi) Late payment fees or charges, insufficient
22        funds check charges, and other charges assessed to
23        recover the costs of collecting delinquent payments.
24            (vii) A pro rata portion of all revenue derived by
25        the holder or its affiliates pursuant to compensation
26        arrangements for advertising or for promotion or

 

 

09900SB0096ham002- 77 -LRB099 04130 JLK 36128 a

1        exhibition of any products or services derived from the
2        operation of the holder's network to provide cable
3        service or video service within the local unit of
4        government's jurisdiction. The allocation shall be
5        based on the number of subscribers in the local unit of
6        government divided by the total number of subscribers
7        in relation to the relevant regional or national
8        compensation arrangement.
9            (viii) Compensation received by the holder that is
10        derived from the operation of the holder's network to
11        provide cable service or video service with respect to
12        commissions that are received by the holder as
13        compensation for promotion or exhibition of any
14        products or services on the holder's network, such as a
15        "home shopping" or similar channel, subject to item
16        (ix) of this paragraph (1).
17            (ix) In the case of a cable service or video
18        service that is bundled or integrated functionally
19        with other services, capabilities, or applications,
20        the portion of the holder's revenue attributable to the
21        other services, capabilities, or applications shall be
22        included in gross revenue unless the holder can
23        reasonably identify the division or exclusion of the
24        revenue from its books and records that are kept in the
25        regular course of business.
26            (x) The service provider fee permitted by

 

 

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1        subsection (b) of this Section.
2        (2) Gross revenues do not include any of the following:
3            (i) Revenues not actually received, even if
4        billed, such as bad debt, subject to item (vi) of
5        paragraph (1) of this subsection (c).
6            (ii) Refunds, discounts, or other price
7        adjustments that reduce the amount of gross revenues
8        received by the holder of the State-issued
9        authorization to the extent the refund, rebate,
10        credit, or discount is attributable to cable service or
11        video service.
12            (iii) Regardless of whether the services are
13        bundled, packaged, or functionally integrated with
14        cable service or video service, any revenues received
15        from services not classified as cable service or video
16        service, including, without limitation, revenue
17        received from telecommunications services, information
18        services, or the provision of directory or Internet
19        advertising, including yellow pages, white pages,
20        banner advertisement, and electronic publishing, or
21        any other revenues attributed by the holder to noncable
22        service or nonvideo service in accordance with the
23        holder's books and records and records kept in the
24        regular course of business and any applicable laws,
25        rules, regulations, standards, or orders.
26            (iv) The sale of cable services or video services

 

 

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1        for resale in which the purchaser is required to
2        collect the service provider fee from the purchaser's
3        subscribers to the extent the purchaser certifies in
4        writing that it will resell the service within the
5        local unit of government's jurisdiction and pay the fee
6        permitted by subsection (b) of this Section with
7        respect to the service.
8            (v) Any tax or fee of general applicability imposed
9        upon the subscribers or the transaction by a city,
10        State, federal, or any other governmental entity and
11        collected by the holder of the State-issued
12        authorization and required to be remitted to the taxing
13        entity, including sales and use taxes.
14            (vi) Security deposits collected from subscribers.
15            (vii) Amounts paid by subscribers to "home
16        shopping" or similar vendors for merchandise sold
17        through any home shopping channel offered as part of
18        the cable service or video service.
19        (3) Revenue of an affiliate of a holder shall be
20    included in the calculation of gross revenues to the extent
21    the treatment of the revenue as revenue of the affiliate
22    rather than the holder has the effect of evading the
23    payment of the fee permitted by subsection (b) of this
24    Section which would otherwise be paid by the cable service
25    or video service.
26    (d)(1) Except for a holder providing cable service that is

 

 

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1subject to the fee in subsection (i) of this Section, the
2holder shall pay to the local unit of government or the entity
3designated by that local unit of government to manage public,
4education, and government access, upon request as support for
5public, education, and government access, a fee equal to no
6less than (i) 1% of gross revenues or (ii) if greater, the
7percentage of gross revenues that incumbent cable operators pay
8to the local unit of government or its designee for public,
9education, and government access support in the local unit of
10government's jurisdiction. For purposes of item (ii) of
11paragraph (1) of this subsection (d), the percentage of gross
12revenues that all incumbent cable operators pay shall be equal
13to the annual sum of the payments that incumbent cable
14operators in the service area are obligated to pay by
15franchises and agreements or by contracts with the local
16government designee for public, education and government
17access in effect on January 1, 2007, including the total of any
18lump sum payments required to be made over the term of each
19franchise or agreement divided by the number of years of the
20applicable term, divided by the annual sum of such incumbent
21cable operator's or operators' gross revenues during the
22immediately prior calendar year. The sum of payments includes
23any payments that an incumbent cable operator is required to
24pay pursuant to item (3) of subsection (c) of Section 21-301.
25    (2) A local unit of government may require all holders of a
26State-issued authorization and all cable operators franchised

 

 

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1by that local unit of government on June 30, 2007 (the
2effective date of this Section) in the franchise area to
3provide to the local unit of government, or to the entity
4designated by that local unit of government to manage public,
5education, and government access, information sufficient to
6calculate the public, education, and government access
7equivalent fee and any credits under paragraph (1) of this
8subsection (d).
9    (3) The fee shall be due on a quarterly basis and paid 45
10days after the close of the calendar quarter. Each payment
11shall include a statement explaining the basis for the
12calculation of the fee. If mailed, the fee is considered paid
13on the date it is postmarked. The liability of the holder for
14payment of the fee under this subsection shall commence on the
15same date as the payment of the service provider fee pursuant
16to subsection (b) of this Section.
17    (e) The holder may identify and collect the amount of the
18service provider fee as a separate line item on the regular
19bill of each subscriber.
20    (f) The holder may identify and collect the amount of the
21public, education, and government programming support fee as a
22separate line item on the regular bill of each subscriber.
23    (g) All determinations and computations under this Section
24shall be made pursuant to the definition of gross revenues set
25forth in this Section and shall be made pursuant to generally
26accepted accounting principles.

 

 

09900SB0096ham002- 82 -LRB099 04130 JLK 36128 a

1    (h) Nothing contained in this Article shall be construed to
2exempt a holder from any tax that is or may later be imposed by
3the local unit of government, including any tax that is or may
4later be required to be paid by or through the holder with
5respect to cable service or video service. A State-issued
6authorization shall not affect any requirement of the holder
7with respect to payment of the local unit of government's
8simplified municipal telecommunications tax or any other tax as
9it applies to any telephone service provided by the holder. A
10State-issued authorization shall not affect any requirement of
11the holder with respect to payment of the local unit of
12government's 911 or E911 fees, taxes, or charges.
13    (i) Except for a municipality having a population of
142,000,000 or more, the fee imposed under paragraph (1) of
15subsection (d) by a local unit of government against a holder
16who is a cable operator shall be as follows:
17        (1) the fee shall be collected and paid only for
18    capital costs that are considered lawful under Subchapter
19    VI of the federal Communications Act of 1934, as amended,
20    and as implemented by the Federal Communications
21    Commission;
22        (2) the local unit of government shall impose any fee
23    by ordinance; and
24        (3) the fee may not exceed 1% of gross revenue; if,
25    however, on the date that an incumbent cable operator files
26    an application under Section 21-401, the incumbent cable

 

 

09900SB0096ham002- 83 -LRB099 04130 JLK 36128 a

1    operator is operating under a franchise agreement that
2    imposes a fee for support for capital costs for public,
3    education, and government access facilities obligations in
4    excess of 1% of gross revenue, then the cable operator
5    shall continue to provide support for capital costs for
6    public, education, and government access facilities
7    obligations at the rate stated in such agreement.
8(Source: P.A. 98-45, eff. 6-28-13.)
 
9    (220 ILCS 5/21-1001)
10    (Section scheduled to be repealed on July 1, 2015)
11    Sec. 21-1001. Local unit of government authority.
12    (a) The holder of a State-issued authorization shall comply
13with all the applicable construction and technical standards
14and right-of-way occupancy standards set forth in a local unit
15of government's code of ordinances relating to the use of
16public rights-of-way, pole attachments, permit obligations,
17indemnification, performance bonds, penalties, or liquidated
18damages. The applicable requirements for a holder that is using
19its existing telecommunications network or constructing a
20telecommunications network shall be the same requirements that
21the local unit of government imposes on telecommunications
22providers in its jurisdiction. The applicable requirements for
23a holder that is using or constructing a cable system shall be
24the same requirements the local unit of government imposes on
25other cable operators in its jurisdiction.

 

 

09900SB0096ham002- 84 -LRB099 04130 JLK 36128 a

1    (b) A local unit of government shall allow the holder to
2install, construct, operate, maintain, and remove a cable
3service, video service, or telecommunications network within a
4public right-of-way and shall provide the holder with open,
5comparable, nondiscriminatory, and competitively neutral
6access to the public right-of-way on the same terms applicable
7to other cable service or video service providers or cable
8operators in its jurisdiction. Notwithstanding any other
9provisions of law, if a local unit of government is permitted
10by law to require the holder of a State authorization to seek a
11permit to install, construct, operate, maintain, or remove its
12cable service, video service, or telecommunications network
13within a public right-of-way, those permits shall be deemed
14granted within 45 days after being submitted, if not otherwise
15acted upon by the local unit of government, provided the holder
16complies with the requirements applicable to the holder in its
17jurisdiction.
18    (c) A local unit of government may impose reasonable terms,
19but it may not discriminate against the holder with respect to
20any of the following:
21        (1) The authorization or placement of a cable service,
22    video service, or telecommunications network or equipment
23    in public rights-of-way.
24        (2) Access to a building.
25        (3) A local unit of government utility pole attachment.
26    (d) If a local unit of government imposes a permit fee on

 

 

09900SB0096ham002- 85 -LRB099 04130 JLK 36128 a

1incumbent cable operators, it may impose a permit fee on the
2holder only to the extent it imposes such a fee on incumbent
3cable operators. In all other cases, these fees may not exceed
4the actual, direct costs incurred by the local unit of
5government for issuing the relevant permit. In no event may a
6fee under this Section be levied if the holder already has paid
7a permit fee of any kind in connection with the same activity
8that would otherwise be covered by the permit fee under this
9Section provided no additional equipment, work, function, or
10other burden is added to the existing activity for which the
11permit was issued.
12    (e) Nothing in this Article shall affect the rights that
13any holder has under Section 4 of the Telephone Line Right of
14Way Act (220 ILCS 65/4).
15    (f) In addition to the other requirements in this Section,
16if the holder installs, upgrades, constructs, operates,
17maintains, and removes facilities or equipment within a public
18right-of-way to provide cable service or video service, it
19shall comply with the following:
20        (1) The holder must locate its equipment in the
21    right-of-way as to cause only minimum interference with the
22    use of streets, alleys, and other public ways and places,
23    and to cause only minimum impact upon and interference with
24    the rights and reasonable convenience of property owners
25    who adjoin any of the said streets, alleys, or other public
26    ways. No fixtures shall be placed in any public ways in

 

 

09900SB0096ham002- 86 -LRB099 04130 JLK 36128 a

1    such a manner to interfere with the usual travel on such
2    public ways, nor shall such fixtures or equipment limit the
3    visibility of vehicular or pedestrian traffic, or both.
4        (2) The holder shall comply with a local unit of
5    government's reasonable requests to place equipment on
6    public property where possible and promptly comply with
7    local unit of government direction with respect to the
8    location and screening of equipment and facilities. In
9    constructing or upgrading its cable or video network in the
10    right-of-way, the holder shall use the smallest suitable
11    equipment enclosures and power pedestals and cabinets then
12    in use by the holder for the application.
13        (3) The holder's construction practices shall be in
14    accordance with all applicable Sections of the
15    Occupational Safety and Health Act of 1970, as amended, as
16    well as all applicable State laws, including the Civil
17    Administrative Code of Illinois, and local codes, where
18    applicable, as adopted by the local unit of government. All
19    installation of electronic equipment shall be of a
20    permanent nature, durable, and, where applicable,
21    installed in accordance with the provisions of the National
22    Electrical Safety Code of the National Bureau of Standards
23    and National Electrical Code of the National Board of Fire
24    Underwriters.
25        (4) The holder shall not interfere with the local unit
26    of government's performance of public works. Nothing in the

 

 

09900SB0096ham002- 87 -LRB099 04130 JLK 36128 a

1    State-issued authorization shall be in preference or
2    hindrance to the right of the local unit of government to
3    perform or carry on any public works or public improvements
4    of any kind. The holder expressly agrees that it shall, at
5    its own expense, protect, support, temporarily disconnect,
6    relocate in the same street or other public place, or
7    remove from such street or other public place any of the
8    network, system, facilities, or equipment when required to
9    do so by the local unit of government because of necessary
10    public health, safety, and welfare improvements. In the
11    event a holder and other users of a public right-of-way,
12    including incumbent cable operators or utilities, are
13    required to relocate and compensation is paid to the users
14    of such public right-of-way, such parties shall be treated
15    equally with respect to such compensation.
16        (5) The holder shall comply with all local units of
17    government inspection requirements. The making of
18    post-construction, subsequent or periodic inspections, or
19    both, or the failure to do so shall not operate to relieve
20    the holder of any responsibility, obligation, or
21    liability.
22        (6) The holder shall maintain insurance or provide
23    evidence of self insurance as required by an applicable
24    ordinance of the local unit of government.
25        (7) The holder shall reimburse all reasonable
26    make-ready expenses, including aerial and underground

 

 

09900SB0096ham002- 88 -LRB099 04130 JLK 36128 a

1    installation expenses requested by the holder to the local
2    unit of government within 30 days of billing to the holder,
3    provided that such charges shall be at the same rates as
4    charges to others for the same or similar services.
5        (8) The holder shall indemnify and hold harmless the
6    local unit of government and all boards, officers,
7    employees, and representatives thereof from all claims,
8    demands, causes of action, liability, judgments, costs and
9    expenses, or losses for injury or death to persons or
10    damage to property owned by, and Worker's Compensation
11    claims against any parties indemnified herein, arising out
12    of, caused by, or as a result of the holder's construction,
13    lines, cable, erection, maintenance, use or presence of, or
14    removal of any poles, wires, conduit, appurtenances
15    thereto, or equipment or attachments thereto. The holder,
16    however, shall not indemnify the local unit of government
17    for any liabilities, damages, cost, and expense resulting
18    from the willful misconduct, or negligence of the local
19    unit of government, its officers, employees, and agents.
20    The obligations imposed pursuant to this Section by a local
21    unit of government shall be competitively neutral.
22        (9) The holder, upon request, shall provide the local
23    unit of government with information describing the
24    location of the cable service or video service facilities
25    and equipment located in the unit of local government's
26    rights-of-way pursuant to its State-issued authorization.

 

 

09900SB0096ham002- 89 -LRB099 04130 JLK 36128 a

1    If designated by the holder as confidential, such
2    information provided pursuant to this subsection shall be
3    exempt from inspection and copying under the Illinois
4    Freedom of Information Act pursuant to the exemption
5    provided for under provision (mm) of item (1) of Section 7
6    of the Freedom of Information Act and any other present or
7    future exemptions applicable to such information and shall
8    not be disclosed by the unit of local government to any
9    third party without the written consent of the holder.
10(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
 
11    (220 ILCS 5/21-1601)
12    Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of
13this Article are repealed July 1, 2017 2015.
14(Source: P.A. 98-45, eff. 6-28-13.)
 
15
ARTICLE II

 
16    Section 2-3. The Illinois Administrative Procedure Act is
17amended by changing Section 5-45 as follows:
 
18    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
19    Sec. 5-45. Emergency rulemaking.
20    (a) "Emergency" means the existence of any situation that
21any agency finds reasonably constitutes a threat to the public
22interest, safety, or welfare.

 

 

09900SB0096ham002- 90 -LRB099 04130 JLK 36128 a

1    (b) If any agency finds that an emergency exists that
2requires adoption of a rule upon fewer days than is required by
3Section 5-40 and states in writing its reasons for that
4finding, the agency may adopt an emergency rule without prior
5notice or hearing upon filing a notice of emergency rulemaking
6with the Secretary of State under Section 5-70. The notice
7shall include the text of the emergency rule and shall be
8published in the Illinois Register. Consent orders or other
9court orders adopting settlements negotiated by an agency may
10be adopted under this Section. Subject to applicable
11constitutional or statutory provisions, an emergency rule
12becomes effective immediately upon filing under Section 5-65 or
13at a stated date less than 10 days thereafter. The agency's
14finding and a statement of the specific reasons for the finding
15shall be filed with the rule. The agency shall take reasonable
16and appropriate measures to make emergency rules known to the
17persons who may be affected by them.
18    (c) An emergency rule may be effective for a period of not
19longer than 150 days, but the agency's authority to adopt an
20identical rule under Section 5-40 is not precluded. No
21emergency rule may be adopted more than once in any 24 month
22period, except that this limitation on the number of emergency
23rules that may be adopted in a 24 month period does not apply
24to (i) emergency rules that make additions to and deletions
25from the Drug Manual under Section 5-5.16 of the Illinois
26Public Aid Code or the generic drug formulary under Section

 

 

09900SB0096ham002- 91 -LRB099 04130 JLK 36128 a

13.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
2emergency rules adopted by the Pollution Control Board before
3July 1, 1997 to implement portions of the Livestock Management
4Facilities Act, (iii) emergency rules adopted by the Illinois
5Department of Public Health under subsections (a) through (i)
6of Section 2 of the Department of Public Health Act when
7necessary to protect the public's health, (iv) emergency rules
8adopted pursuant to subsection (n) of this Section, (v)
9emergency rules adopted pursuant to subsection (o) of this
10Section, or (vi) emergency rules adopted pursuant to subsection
11(c-5) of this Section. Two or more emergency rules having
12substantially the same purpose and effect shall be deemed to be
13a single rule for purposes of this Section.
14    (c-5) To facilitate the maintenance of the program of group
15health benefits provided to annuitants, survivors, and retired
16employees under the State Employees Group Insurance Act of
171971, rules to alter the contributions to be paid by the State,
18annuitants, survivors, retired employees, or any combination
19of those entities, for that program of group health benefits,
20shall be adopted as emergency rules. The adoption of those
21rules shall be considered an emergency and necessary for the
22public interest, safety, and welfare.
23    (d) In order to provide for the expeditious and timely
24implementation of the State's fiscal year 1999 budget,
25emergency rules to implement any provision of Public Act 90-587
26or 90-588 or any other budget initiative for fiscal year 1999

 

 

09900SB0096ham002- 92 -LRB099 04130 JLK 36128 a

1may be adopted in accordance with this Section by the agency
2charged with administering that provision or initiative,
3except that the 24-month limitation on the adoption of
4emergency rules and the provisions of Sections 5-115 and 5-125
5do not apply to rules adopted under this subsection (d). The
6adoption of emergency rules authorized by this subsection (d)
7shall be deemed to be necessary for the public interest,
8safety, and welfare.
9    (e) In order to provide for the expeditious and timely
10implementation of the State's fiscal year 2000 budget,
11emergency rules to implement any provision of this amendatory
12Act of the 91st General Assembly or any other budget initiative
13for fiscal year 2000 may be adopted in accordance with this
14Section by the agency charged with administering that provision
15or initiative, except that the 24-month limitation on the
16adoption of emergency rules and the provisions of Sections
175-115 and 5-125 do not apply to rules adopted under this
18subsection (e). The adoption of emergency rules authorized by
19this subsection (e) shall be deemed to be necessary for the
20public interest, safety, and welfare.
21    (f) In order to provide for the expeditious and timely
22implementation of the State's fiscal year 2001 budget,
23emergency rules to implement any provision of this amendatory
24Act of the 91st General Assembly or any other budget initiative
25for fiscal year 2001 may be adopted in accordance with this
26Section by the agency charged with administering that provision

 

 

09900SB0096ham002- 93 -LRB099 04130 JLK 36128 a

1or initiative, except that the 24-month limitation on the
2adoption of emergency rules and the provisions of Sections
35-115 and 5-125 do not apply to rules adopted under this
4subsection (f). The adoption of emergency rules authorized by
5this subsection (f) shall be deemed to be necessary for the
6public interest, safety, and welfare.
7    (g) In order to provide for the expeditious and timely
8implementation of the State's fiscal year 2002 budget,
9emergency rules to implement any provision of this amendatory
10Act of the 92nd General Assembly or any other budget initiative
11for fiscal year 2002 may be adopted in accordance with this
12Section by the agency charged with administering that provision
13or initiative, except that the 24-month limitation on the
14adoption of emergency rules and the provisions of Sections
155-115 and 5-125 do not apply to rules adopted under this
16subsection (g). The adoption of emergency rules authorized by
17this subsection (g) shall be deemed to be necessary for the
18public interest, safety, and welfare.
19    (h) In order to provide for the expeditious and timely
20implementation of the State's fiscal year 2003 budget,
21emergency rules to implement any provision of this amendatory
22Act of the 92nd General Assembly or any other budget initiative
23for fiscal year 2003 may be adopted in accordance with this
24Section by the agency charged with administering that provision
25or initiative, except that the 24-month limitation on the
26adoption of emergency rules and the provisions of Sections

 

 

09900SB0096ham002- 94 -LRB099 04130 JLK 36128 a

15-115 and 5-125 do not apply to rules adopted under this
2subsection (h). The adoption of emergency rules authorized by
3this subsection (h) shall be deemed to be necessary for the
4public interest, safety, and welfare.
5    (i) In order to provide for the expeditious and timely
6implementation of the State's fiscal year 2004 budget,
7emergency rules to implement any provision of this amendatory
8Act of the 93rd General Assembly or any other budget initiative
9for fiscal year 2004 may be adopted in accordance with this
10Section by the agency charged with administering that provision
11or initiative, except that the 24-month limitation on the
12adoption of emergency rules and the provisions of Sections
135-115 and 5-125 do not apply to rules adopted under this
14subsection (i). The adoption of emergency rules authorized by
15this subsection (i) shall be deemed to be necessary for the
16public interest, safety, and welfare.
17    (j) In order to provide for the expeditious and timely
18implementation of the provisions of the State's fiscal year
192005 budget as provided under the Fiscal Year 2005 Budget
20Implementation (Human Services) Act, emergency rules to
21implement any provision of the Fiscal Year 2005 Budget
22Implementation (Human Services) Act may be adopted in
23accordance with this Section by the agency charged with
24administering that provision, except that the 24-month
25limitation on the adoption of emergency rules and the
26provisions of Sections 5-115 and 5-125 do not apply to rules

 

 

09900SB0096ham002- 95 -LRB099 04130 JLK 36128 a

1adopted under this subsection (j). The Department of Public Aid
2may also adopt rules under this subsection (j) necessary to
3administer the Illinois Public Aid Code and the Children's
4Health Insurance Program Act. The adoption of emergency rules
5authorized by this subsection (j) shall be deemed to be
6necessary for the public interest, safety, and welfare.
7    (k) In order to provide for the expeditious and timely
8implementation of the provisions of the State's fiscal year
92006 budget, emergency rules to implement any provision of this
10amendatory Act of the 94th General Assembly or any other budget
11initiative for fiscal year 2006 may be adopted in accordance
12with this Section by the agency charged with administering that
13provision or initiative, except that the 24-month limitation on
14the adoption of emergency rules and the provisions of Sections
155-115 and 5-125 do not apply to rules adopted under this
16subsection (k). The Department of Healthcare and Family
17Services may also adopt rules under this subsection (k)
18necessary to administer the Illinois Public Aid Code, the
19Senior Citizens and Disabled Persons Property Tax Relief Act,
20the Senior Citizens and Disabled Persons Prescription Drug
21Discount Program Act (now the Illinois Prescription Drug
22Discount Program Act), and the Children's Health Insurance
23Program Act. The adoption of emergency rules authorized by this
24subsection (k) shall be deemed to be necessary for the public
25interest, safety, and welfare.
26    (l) In order to provide for the expeditious and timely

 

 

09900SB0096ham002- 96 -LRB099 04130 JLK 36128 a

1implementation of the provisions of the State's fiscal year
22007 budget, the Department of Healthcare and Family Services
3may adopt emergency rules during fiscal year 2007, including
4rules effective July 1, 2007, in accordance with this
5subsection to the extent necessary to administer the
6Department's responsibilities with respect to amendments to
7the State plans and Illinois waivers approved by the federal
8Centers for Medicare and Medicaid Services necessitated by the
9requirements of Title XIX and Title XXI of the federal Social
10Security Act. The adoption of emergency rules authorized by
11this subsection (l) shall be deemed to be necessary for the
12public interest, safety, and welfare.
13    (m) In order to provide for the expeditious and timely
14implementation of the provisions of the State's fiscal year
152008 budget, the Department of Healthcare and Family Services
16may adopt emergency rules during fiscal year 2008, including
17rules effective July 1, 2008, in accordance with this
18subsection to the extent necessary to administer the
19Department's responsibilities with respect to amendments to
20the State plans and Illinois waivers approved by the federal
21Centers for Medicare and Medicaid Services necessitated by the
22requirements of Title XIX and Title XXI of the federal Social
23Security Act. The adoption of emergency rules authorized by
24this subsection (m) shall be deemed to be necessary for the
25public interest, safety, and welfare.
26    (n) In order to provide for the expeditious and timely

 

 

09900SB0096ham002- 97 -LRB099 04130 JLK 36128 a

1implementation of the provisions of the State's fiscal year
22010 budget, emergency rules to implement any provision of this
3amendatory Act of the 96th General Assembly or any other budget
4initiative authorized by the 96th General Assembly for fiscal
5year 2010 may be adopted in accordance with this Section by the
6agency charged with administering that provision or
7initiative. The adoption of emergency rules authorized by this
8subsection (n) shall be deemed to be necessary for the public
9interest, safety, and welfare. The rulemaking authority
10granted in this subsection (n) shall apply only to rules
11promulgated during Fiscal Year 2010.
12    (o) In order to provide for the expeditious and timely
13implementation of the provisions of the State's fiscal year
142011 budget, emergency rules to implement any provision of this
15amendatory Act of the 96th General Assembly or any other budget
16initiative authorized by the 96th General Assembly for fiscal
17year 2011 may be adopted in accordance with this Section by the
18agency charged with administering that provision or
19initiative. The adoption of emergency rules authorized by this
20subsection (o) is deemed to be necessary for the public
21interest, safety, and welfare. The rulemaking authority
22granted in this subsection (o) applies only to rules
23promulgated on or after the effective date of this amendatory
24Act of the 96th General Assembly through June 30, 2011.
25    (p) In order to provide for the expeditious and timely
26implementation of the provisions of Public Act 97-689,

 

 

09900SB0096ham002- 98 -LRB099 04130 JLK 36128 a

1emergency rules to implement any provision of Public Act 97-689
2may be adopted in accordance with this subsection (p) by the
3agency charged with administering that provision or
4initiative. The 150-day limitation of the effective period of
5emergency rules does not apply to rules adopted under this
6subsection (p), and the effective period may continue through
7June 30, 2013. The 24-month limitation on the adoption of
8emergency rules does not apply to rules adopted under this
9subsection (p). The adoption of emergency rules authorized by
10this subsection (p) is deemed to be necessary for the public
11interest, safety, and welfare.
12    (q) In order to provide for the expeditious and timely
13implementation of the provisions of Articles 7, 8, 9, 11, and
1412 of this amendatory Act of the 98th General Assembly,
15emergency rules to implement any provision of Articles 7, 8, 9,
1611, and 12 of this amendatory Act of the 98th General Assembly
17may be adopted in accordance with this subsection (q) by the
18agency charged with administering that provision or
19initiative. The 24-month limitation on the adoption of
20emergency rules does not apply to rules adopted under this
21subsection (q). The adoption of emergency rules authorized by
22this subsection (q) is deemed to be necessary for the public
23interest, safety, and welfare.
24    (r) In order to provide for the expeditious and timely
25implementation of the provisions of this amendatory Act of the
2698th General Assembly, emergency rules to implement this

 

 

09900SB0096ham002- 99 -LRB099 04130 JLK 36128 a

1amendatory Act of the 98th General Assembly may be adopted in
2accordance with this subsection (r) by the Department of
3Healthcare and Family Services. The 24-month limitation on the
4adoption of emergency rules does not apply to rules adopted
5under this subsection (r). The adoption of emergency rules
6authorized by this subsection (r) is deemed to be necessary for
7the public interest, safety, and welfare.
8    (s) In order to provide for the expeditious and timely
9implementation of the provisions of Sections 5-5b.1 and 5A-2 of
10the Illinois Public Aid Code, emergency rules to implement any
11provision of Section 5-5b.1 or Section 5A-2 of the Illinois
12Public Aid Code may be adopted in accordance with this
13subsection (s) by the Department of Healthcare and Family
14Services. The rulemaking authority granted in this subsection
15(s) shall apply only to those rules adopted prior to July 1,
162015. Notwithstanding any other provision of this Section, any
17emergency rule adopted under this subsection (s) shall only
18apply to payments made for State fiscal year 2015. The adoption
19of emergency rules authorized by this subsection (s) is deemed
20to be necessary for the public interest, safety, and welfare.
21    (t) In order to provide for the expeditious and timely
22implementation of the provisions of Article II of this
23amendatory Act of the 99th General Assembly, emergency rules to
24implement the changes made by Article II of this amendatory Act
25of the 99th General Assembly to the Emergency Telephone System
26Act may be adopted in accordance with this subsection (t) by

 

 

09900SB0096ham002- 100 -LRB099 04130 JLK 36128 a

1the Department of State Police. The rulemaking authority
2granted in this subsection (t) shall apply only to those rules
3adopted prior to July 1, 2016. The 24-month limitation on the
4adoption of emergency rules does not apply to rules adopted
5under this subsection (t). The adoption of emergency rules
6authorized by this subsection (t) is deemed to be necessary for
7the public interest, safety, and welfare.
8(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
998-651, eff. 6-16-14; 99-2, eff. 3-26-15.)
 
10    Section 2-5. The State Finance Act is amended by changing
11Section 5.529 as follows:
 
12    (30 ILCS 105/5.529)
13    Sec. 5.529. The Statewide 9-1-1 Wireless Service Emergency
14Fund.
15(Source: P.A. 91-660, eff. 12-22-99; 92-16, eff. 6-28-01.)
 
16    Section 2-10. The Emergency Telephone System Act is amended
17by changing Sections 2, 3, 4, 6, 6.1, 7, 8, 10, 10.2, 11, 12,
1815, 15.1, 15.3, 15.4, 15.5, 15.6, 15.7, and 15.8 and by adding
19Sections 15.2c, 15.3a, 15.4a, 15.4b, 15.6a, 15.6b, 20, 30, 35,
2040, 45, 50, and 55 as follows:
 
21    (50 ILCS 750/2)  (from Ch. 134, par. 32)
22    Sec. 2. Definitions. As used in this Act, unless the

 

 

09900SB0096ham002- 101 -LRB099 04130 JLK 36128 a

1context otherwise requires:
2    "9-1-1 system" means the geographic area that has been
3granted an order of authority by the Commission or the
4Statewide 9-1-1 Administrator to use "9-1-1" as the primary
5emergency telephone number.
6    "9-1-1 Authority" includes an Emergency Telephone System
7Board, Joint Emergency Telephone System Board, and a qualified
8governmental entity. "9-1-1 Authority" includes the Department
9of State Police only to the extent it provides 9-1-1 services
10under this Act.
11    "Administrator" means the Statewide 9-1-1 Administrator.
12    "Advanced service" means any telecommunications service
13with dynamic bandwidth allocation, including, but not limited
14to, ISDN Primary Rate Interface (PRI), that, through the use of
15a DS-1, T-1, or similar un-channelized or multi-channel
16transmission facility, is capable of transporting either the
17subscriber's inter-premises voice telecommunications services
18to the public switched network or the subscriber's 9-1-1 calls
19to the public agency.
20    "ALI" or "automatic location identification" means, in an
21E9-1-1 system, the automatic display at the public safety
22answering point of the caller's telephone number, the address
23or location of the telephone, and supplementary emergency
24services information.
25    "ANI" or "automatic number identification" means the
26automatic display of the 9-1-1 calling party's number on the

 

 

09900SB0096ham002- 102 -LRB099 04130 JLK 36128 a

1PSAP monitor.
2    "Automatic alarm" and "automatic alerting device" mean any
3device that will access the 9-1-1 system for emergency services
4upon activation.
5    "Board" means an Emergency Telephone System Board or a
6Joint Emergency Telephone System Board created pursuant to
7Section 15.4.
8    "Carrier" includes a telecommunications carrier and a
9wireless carrier.
10    "Commission" means the Illinois Commerce Commission.
11    "Computer aided dispatch" or "CAD" means a database
12maintained by the public safety agency or public safety
13answering point used in conjunction with 9-1-1 caller data.
14    "Direct dispatch method" means a 9-1-1 service that
15provides for the direct dispatch by a PSAP telecommunicator of
16the appropriate unit upon receipt of an emergency call and the
17decision as to the proper action to be taken.
18    "Department" means the Department of State Police.
19    "Division of 9-1-1" means the Division of 9-1-1 within the
20Department of State Police.
21    "DS-1, T-1, or similar un-channelized or multi-channel
22transmission facility" means a facility that can transmit and
23receive a bit rate of at least 1.544 megabits per second
24(Mbps).
25    "Dynamic bandwidth allocation" means the ability of the
26facility or customer to drop and add channels, or adjust

 

 

09900SB0096ham002- 103 -LRB099 04130 JLK 36128 a

1bandwidth, when needed in real time for voice or data purposes.
2    "Enhanced 9-1-1" or "E9-1-1" means an emergency telephone
3system that includes dedicated network, selective routing,
4database, ALI, ANI, selective transfer, fixed transfer, and a
5call back number.
6    "ETSB" means an emergency telephone system board appointed
7by the corporate authorities of any county or municipality that
8provides for the management and operation of a 9-1-1 system.
9    "Hearing-impaired individual" means a person with a
10permanent hearing loss who can regularly and routinely
11communicate by telephone only through the aid of devices which
12can send and receive written messages over the telephone
13network.
14    "Hosted supplemental 9-1-1 service" means a database
15service that:
16        (1) electronically provides information to 9-1-1 call
17    takers when a call is placed to 9-1-1;
18        (2) allows telephone subscribers to provide
19    information to 9-1-1 to be used in emergency scenarios;
20        (3) collects a variety of formatted data relevant to
21    9-1-1 and first responder needs, which may include, but is
22    not limited to, photographs of the telephone subscribers,
23    physical descriptions, medical information, household
24    data, and emergency contacts;
25        (4) allows for information to be entered by telephone
26    subscribers through a secure website where they can elect

 

 

09900SB0096ham002- 104 -LRB099 04130 JLK 36128 a

1    to provide as little or as much information as they choose;
2        (5) automatically displays data provided by telephone
3    subscribers to 9-1-1 call takers for all types of
4    telephones when a call is placed to 9-1-1 from a registered
5    and confirmed phone number;
6        (6) supports the delivery of telephone subscriber
7    information through a secure internet connection to all
8    emergency telephone system boards;
9        (7) works across all 9-1-1 call taking equipment and
10    allow for the easy transfer of information into a computer
11    aided dispatch system; and
12        (8) may be used to collect information pursuant to an
13    Illinois Premise Alert Program as defined in the Illinois
14    Premise Alert Program (PAP) Act.
15    "Interconnected voice over Internet protocol provider" or
16"Interconnected VoIP provider," has the meaning given to that
17term under Section 13-235 of the Public Utilities Act.
18    "Joint ETSB" means a Joint Emergency Telephone System Board
19established by intergovernmental agreement of two or more
20municipalities or counties, or a combination thereof, to
21provide for the management and operation of a 9-1-1 system.
22    "Local public agency" means any unit of local government or
23special purpose district located in whole or in part within
24this State that provides or has authority to provide
25firefighting, police, ambulance, medical, or other emergency
26services.

 

 

09900SB0096ham002- 105 -LRB099 04130 JLK 36128 a

1    "Mechanical dialer" means any device that either manually
2or remotely triggers a dialing device to access the 9-1-1
3system.
4    "Master Street Address Guide" means the computerized
5geographical database that consists of all street and address
6data within a 9-1-1 system.
7    "Mobile telephone number" or "MTN" means the telephone
8number assigned to a wireless telephone at the time of initial
9activation.
10    "Network connections" means the number of voice grade
11communications channels directly between a subscriber and a
12telecommunications carrier's public switched network, without
13the intervention of any other telecommunications carrier's
14switched network, which would be required to carry the
15subscriber's inter-premises traffic and which connection
16either (1) is capable of providing access through the public
17switched network to a 9-1-1 Emergency Telephone System, if one
18exists, or (2) if no system exists at the time a surcharge is
19imposed under Section 15.3, that would be capable of providing
20access through the public switched network to the local 9-1-1
21Emergency Telephone System if one existed. Where multiple voice
22grade communication channels are connected to a
23telecommunications carrier's public switched network through a
24private branch exchange (PBX) service, there shall be
25determined to be one network connection for each trunk line
26capable of transporting either the subscriber's inter-premises

 

 

09900SB0096ham002- 106 -LRB099 04130 JLK 36128 a

1traffic to the public switched network or the subscriber's
29-1-1 calls to the public agency. Where multiple voice grade
3communication channels are connected to a telecommunications
4carrier's public switched network through centrex type
5service, the number of network connections shall be equal to
6the number of PBX trunk equivalents for the subscriber's
7service, as determined by reference to any generally applicable
8exchange access service tariff filed by the subscriber's
9telecommunications carrier with the Commission.
10    "Network costs" means those recurring costs that that
11directly relate to the operation of the 9-1-1 network as
12determined by the Statewide 9-1-1 Advisory Board, including,
13but not limited to, costs for interoffice trunks, selective
14routing charges, transfer lines and toll charges for 9-1-1
15services, Automatic Location Information (ALI) database
16charges, call box trunk circuit (including central office only
17and not including extensions to fire stations), independent
18local exchange carrier charges and non-system provider
19charges, carrier charge for third party database for on-site
20customer premises equipment, back-up PSAP trunks for
21non-system providers, periodic database updates as provided by
22carrier (also known as "ALI data dump"), regional ALI storage
23charges, circuits for call delivery (fiber or circuit
24connection), NG9-1-1 costs, and all associated fees, taxes, and
25surcharges on each invoice. "Network costs" shall not include
26radio circuits, or toll charges that are other than for 9-1-1

 

 

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1services.
2    "Next generation 9-1-1" or "NG9-1-1" means an Internet
3Protocol-based (IP-based) system comprised of managed ESInets,
4functional elements and applications, and databases that
5replicate traditional E9-1-1 features and functions and
6provide additional capabilities. "NG9-1-1" systems are
7designed to provide access to emergency services from all
8connected communications sources, and provide multimedia data
9capabilities for PSAPs and other emergency services
10organizations.
11    "NG9-1-1 costs" means those recurring costs that that
12directly relate to the Next Generation 9-1-1 service as
13determined by the Statewide 9-1-1 Advisory Board, including,
14but not limited to, costs for Emergency System Routing Proxy
15(ESRP), Emergency Call Routing Function/Location Validation
16Function (ECRF/LVF), Spatial Information Function (SIF), the
17Border Control Function (BCF), and the Emergency Services
18Internet Protocol networks (ESInets), legacy network gateways,
19and all associated fees, taxes, and surcharges on each invoice.
20    "Private branch exchange" or "PBX" means a private
21telephone system and associated equipment located on the user's
22property that provides communications between internal
23stations and external networks.
24    "Private business switch service" means a
25telecommunications service including centrex type service and
26PBX service, even though key telephone systems or equivalent

 

 

09900SB0096ham002- 108 -LRB099 04130 JLK 36128 a

1telephone systems registered with the Federal Communications
2Commission under 47 C.F.R. Part 68 are directly connected to
3centrex type and PBX systems providing 9-1-1 services equipped
4for switched local network connections or 9-1-1 system access
5to business end users through a private telephone switch.
6    "Private business switch service" does not include key
7telephone systems or equivalent telephone systems registered
8with the Federal Communications Commission under 47 C.F.R. Part
968 when not used in conjunction with centrex type and PBX
10systems. "Private business switch service" typically includes,
11but is not limited to, private businesses, corporations, and
12industries where the telecommunications service is primarily
13for conducting business.
14    "Private residential switch service" means a
15telecommunications service including centrex type service and
16PBX service, even though key telephone systems or equivalent
17telephone systems registered with the Federal Communications
18Commission under 47 C.F.R. Part 68 are directly connected to
19centrex type and PBX systems providing 9-1-1 services equipped
20for switched local network connections or 9-1-1 system access
21to residential end users through a private telephone switch.
22"Private residential switch service" does not include key
23telephone systems or equivalent telephone systems registered
24with the Federal Communications Commission under 47 C.F.R. Part
2568 when not used in conjunction with centrex type and PBX
26systems. "Private residential switch service" typically

 

 

09900SB0096ham002- 109 -LRB099 04130 JLK 36128 a

1includes, but is not limited to, apartment complexes,
2condominiums, and campus or university environments where
3shared tenant service is provided and where the usage of the
4telecommunications service is primarily residential.
5    "Public agency" means the State, and any unit of local
6government or special purpose district located in whole or in
7part within this State, that provides or has authority to
8provide firefighting, police, ambulance, medical, or other
9emergency services.
10    "Public safety agency" means a functional division of a
11public agency that provides firefighting, police, medical, or
12other emergency services. For the purpose of providing wireless
13service to users of 9-1-1 emergency services, as expressly
14provided for in this Act, the Department of State Police may be
15considered a public safety agency.
16    "Public safety answering point" or "PSAP" means the initial
17answering location of an emergency call.
18    "Qualified governmental entity" means a unit of local
19government authorized to provide 9-1-1 services pursuant to
20this Act where no emergency telephone system board exists.
21    "Referral method" means a 9-1-1 service in which the PSAP
22telecommunicator provides the calling party with the telephone
23number of the appropriate public safety agency or other
24provider of emergency services.
25    "Regular service" means any telecommunications service,
26other than advanced service, that is capable of transporting

 

 

09900SB0096ham002- 110 -LRB099 04130 JLK 36128 a

1either the subscriber's inter-premises voice
2telecommunications services to the public switched network or
3the subscriber's 9-1-1 calls to the public agency.
4    "Relay method" means a 9-1-1 service in which the PSAP
5telecommunicator takes the pertinent information from a caller
6and relays that information to the appropriate public safety
7agency or other provider of emergency services.
8    "Remit period" means the billing period, one month in
9duration, for which a wireless carrier remits a surcharge and
10provides subscriber information by zip code to the Department,
11in accordance with Section 20 of this Act.
12    "Statewide wireless emergency 9-1-1 system" means all
13areas of the State where an emergency telephone system board
14or, in the absence of an emergency telephone system board, a
15qualified governmental entity, has not declared its intention
16for one or more of its public safety answering points to serve
17as a primary wireless 9-1-1 public safety answering point for
18its jurisdiction. The operator of the statewide wireless
19emergency 9-1-1 system shall be the Department of State Police.
20    "System" means the communications equipment and related
21software applications required to produce a response by the
22appropriate emergency public safety agency or other provider of
23emergency services as a result of an emergency call being
24placed to 9-1-1.
25    "System provider" means the contracted entity providing
269-1-1 network and database services.

 

 

09900SB0096ham002- 111 -LRB099 04130 JLK 36128 a

1    "Telecommunications carrier" means those entities included
2within the definition specified in Section 13-202 of the Public
3Utilities Act, and includes those carriers acting as resellers
4of telecommunications services. "Telecommunications carrier"
5includes telephone systems operating as mutual concerns and
6Interconnected VoIP providers. "Telecommunications carrier"
7does not include a wireless carrier.
8    "Telecommunications technology" means equipment that can
9send and receive written messages over the telephone network.
10    "Transfer method" means a 9-1-1 service in which the PSAP
11telecommunicator receiving a call transfers that call to the
12appropriate public safety agency or other provider of emergency
13services.
14    "Transmitting messages" shall have the meaning given to
15that term under Section 8-11-2 of the Illinois Municipal Code.
16    "Trunk line" means a transmission path, or group of
17transmission paths, connecting a subscriber's PBX to a
18telecommunications carrier's public switched network. In the
19case of regular service, each voice grade communications
20channel or equivalent amount of bandwidth capable of
21transporting either the subscriber's inter-premises voice
22telecommunications services to the public switched network or
23the subscriber's 9-1-1 calls to the public agency shall be
24considered a trunk line, even if it is bundled with other
25channels or additional bandwidth. In the case of advanced
26service, each DS-1, T-1, or similar un-channelized or

 

 

09900SB0096ham002- 112 -LRB099 04130 JLK 36128 a

1multi-channel transmission facility that is capable of
2transporting either the subscriber's inter-premises voice
3telecommunications services to the public switched network or
4the subscriber's 9-1-1 calls to the public agency shall be
5considered a single trunk line, even if it contains multiple
6voice grade communications channels or otherwise supports 2 or
7more voice grade calls at a time; provided, however, that each
8additional 1.544 Mbps of transmission capacity that is capable
9of transporting either the subscriber's inter-premises voice
10telecommunications services to the public switched network or
11the subscriber's 9-1-1 calls to the public agency shall be
12considered an additional trunk line.
13    "Voice-impaired individual" means a person with a
14permanent speech disability which precludes oral
15communication, who can regularly and routinely communicate by
16telephone only through the aid of devices which can send and
17receive written messages over the telephone network.
18    "Wireless carrier" means a provider of two-way cellular,
19broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
20Mobile Radio Service (CMRS), Wireless Communications Service
21(WCS), or other Commercial Mobile Radio Service (CMRS), as
22defined by the Federal Communications Commission, offering
23radio communications that may provide fixed, mobile, radio
24location, or satellite communication services to individuals
25or businesses within its assigned spectrum block and
26geographical area or that offers real-time, two-way voice

 

 

09900SB0096ham002- 113 -LRB099 04130 JLK 36128 a

1service that is interconnected with the public switched
2network, including a reseller of such service.
3    "Wireless enhanced 9-1-1" means the ability to relay the
4telephone number of the originator of a 9-1-1 call and location
5information from any mobile handset or text telephone device
6accessing the wireless system to the designated wireless public
7safety answering point as set forth in the order of the Federal
8Communications Commission, FCC Docket No. 94-102, adopted June
912, 1996, with an effective date of October 1, 1996, and any
10subsequent amendment thereto.
11    "Wireless public safety answering point" means the
12functional division of a 9-1-1 authority accepting wireless
139-1-1 calls.
14    "Wireless subscriber" means an individual or entity to whom
15a wireless service account or number has been assigned by a
16wireless carrier, other than an account or number associated
17with prepaid wireless telecommunication service.
18As used in this Act, the terms defined in Sections following
19this Section and preceding Section 3 have the meanings ascribed
20to them in those Sections.
21(Source: P.A. 88-497.)
 
22    (50 ILCS 750/3)  (from Ch. 134, par. 33)
23    Sec. 3. (a) By July 1, 2017, every local public agency
24shall be within the jurisdiction of a 9-1-1 system. Every local
25public agency in a county having 100,000 or more inhabitants,

 

 

09900SB0096ham002- 114 -LRB099 04130 JLK 36128 a

1within its respective jurisdiction, shall establish and have in
2operation within 3 years after the implementation date or by
3December 31, 1985, whichever is later, a basic or sophisticated
4system as specified in this Act. Other public agencies may
5establish such a system, and shall be entitled to participate
6in any program of grants or other State funding of such
7systems.
8    (b) By July 1, 2020, every 9-1-1 system in Illinois shall
9provide Next Generation 9-1-1 service. The establishment of
10such systems shall be centralized to the extent feasible.
11    (c) Nothing in this Act shall be construed to prohibit or
12discourage in any way the formation of multijurisdictional or
13regional systems, and any system established pursuant to this
14Act may include the territory of more than one public agency or
15may include a segment of the territory of a public agency.
16(Source: P.A. 81-1509.)
 
17    (50 ILCS 750/4)  (from Ch. 134, par. 34)
18    Sec. 4. Every system shall include police, firefighting,
19and emergency medical and ambulance services, and may include
20other emergency services, in the discretion of the affected
21local public agency, such as poison control services, suicide
22prevention services, and civil defense services. The system may
23incorporate private ambulance service. In those areas in which
24a public safety agency of the state provides such emergency
25services, the system shall include such public safety agencies.

 

 

09900SB0096ham002- 115 -LRB099 04130 JLK 36128 a

1(Source: P.A. 79-1092.)
 
2    (50 ILCS 750/6)  (from Ch. 134, par. 36)
3    Sec. 6. Capabilities of system; pay telephones. All systems
4shall be designed to meet the specific requirements of each
5community and public agency served by the system. Every system,
6whether basic or sophisticated, shall be designed to have the
7capability of utilizing the direct dispatch method, relay
8method, transfer method, or referral method at least 1 of the
9methods specified in Sections 2.03 through 2.06, in response to
10emergency calls. The General Assembly finds and declares that
11the most critical aspect of the design of any system is the
12procedure established for handling a telephone request for
13emergency services.
14    In addition, to maximize efficiency and utilization of the
15system, all pay telephones within each system shall, within 3
16years after the implementation date or by December 31, 1985,
17whichever is later, enable a caller to dial "9-1-1" for
18emergency services without the necessity of inserting a coin.
19This paragraph does not apply to pay telephones located in
20penal institutions, as defined in Section 2-14 of the Criminal
21Code of 2012, that have been designated for the exclusive use
22of committed persons.
23(Source: P.A. 97-1150, eff. 1-25-13.)
 
24    (50 ILCS 750/6.1)  (from Ch. 134, par. 36.1)

 

 

09900SB0096ham002- 116 -LRB099 04130 JLK 36128 a

1    Sec. 6.1. Every The Commission shall require that every
29-1-1 system shall be readily accessible to hearing-impaired
3and voice-impaired individuals through the use of
4telecommunications technology for hearing-impaired and
5speech-impaired individuals.
6    As used in this Section:
7        "Hearing-impaired individual" means a person with a
8    permanent hearing loss who can regularly and routinely
9    communicate by telephone only through the aid of devices
10    which can send and receive written messages over the
11    telephone network.
12        "Voice-impaired individual" means a person with a
13    permanent speech disability which precludes oral
14    communication, who can regularly and routinely communicate
15    by telephone only through the aid of devices which can send
16    and receive written messages over the telephone network.
17        "Telecommunications technology" means equipment that
18    can send and receive written messages over the telephone
19    network.
20(Source: P.A. 87-146.)
 
21    (50 ILCS 750/7)  (from Ch. 134, par. 37)
22    Sec. 7. The General Assembly finds that, because of
23overlapping jurisdiction of public agencies, public safety
24agencies and telephone service areas, the Administrator, with
25the advice of the Statewide 9-1-1 Advisory Board, Commission

 

 

09900SB0096ham002- 117 -LRB099 04130 JLK 36128 a

1shall establish a general overview or plan to effectuate the
2purposes of this Act within the time frame provided in this
3Act. In order to insure that proper preparation and
4implementation of emergency telephone systems are accomplished
5by all public agencies as required under this Act in a county
6having 100,000 or more inhabitants within 3 years after the
7implementation date or by December 31, 1985, whichever is
8later, the Department Commission, with the advice and
9assistance of the Attorney General, shall secure compliance by
10public agencies as provided in this Act.
11(Source: P.A. 81-1122.)
 
12    (50 ILCS 750/8)  (from Ch. 134, par. 38)
13    Sec. 8. The Administrator Commission, with the advice and
14assistance of the Statewide 9-1-1 Advisory Board Attorney
15General, shall coordinate the implementation of systems
16established under this Act. The Commission, with the advice and
17assistance of the Attorney General, shall assist local public
18agencies and local public safety agencies in obtaining
19financial help to establish emergency telephone service, and
20shall aid such agencies in the formulation of concepts,
21methods, and procedures which will improve the operation of
22systems required by this Act and which will increase
23cooperation between public safety agencies.
24(Source: P.A. 79-1092.)
 

 

 

09900SB0096ham002- 118 -LRB099 04130 JLK 36128 a

1    (50 ILCS 750/10)  (from Ch. 134, par. 40)
2    Sec. 10. The Administrator, after consultation with the
3Statewide 9-1-1 Advisory Board, shall establish uniform
4technical and operational standards for all 9-1-1 systems in
5Illinois. All findings, orders, decisions, rules, and
6regulations issued or promulgated by the Commission under this
7Act or any other Act establishing or conferring power on the
8Commission with respect to emergency telecommunications
9services, shall continue in force. Notwithstanding the
10provisions of this Section, where applicable, the
11Administrator shall, after consultation with the Statewide
129-1-1 Advisory Board, amend the Commission's findings, orders,
13decisions, rules, and regulations to conform to the specific
14provisions of this Act as soon as practicable after the
15effective date of this amendatory Act of the 99th General
16Assembly. The Department may adopt emergency rules necessary to
17implement the provisions of this amendatory Act of the 99th
18General Assembly under subsection (t) of Section 5-45 of the
19Illinois Administrative Procedure Act. Technical and
20operational standards for the development of the local agency
21systems shall be established and reviewed by the Commission on
22or before December 31, 1979, after consultation with all
23agencies specified in Section 9.
24    For the limited purpose of permitting a board, a qualified
25governmental entity, a group of boards, or a group of
26governmental entities to participate in a Regional Pilot

 

 

09900SB0096ham002- 119 -LRB099 04130 JLK 36128 a

1Project to implement next generation 9-1-1, as defined in this
2Act, the Commission may forbear from applying any rule adopted
3under the Emergency Telephone Systems Act as it applies to
4conducting of the Regional Pilot Project to implement next
5generation 9-1-1, if the Commission determines, after notice
6and hearing, that:
7        (1) enforcement of the rule is not necessary to ensure
8    the development and improvement of emergency communication
9    procedures and facilities in such a manner as to be able to
10    quickly respond to any person requesting 9-1-1 service from
11    police, fire, medical, rescue, and other emergency
12    services;
13        (2) enforcement of the rule or provision is not
14    necessary for the protection of consumers; and
15        (3) forbearance from applying the provisions or rules
16    is consistent with the public interest.
17    The Commission may exercise such forbearance with respect
18to one, and only one, Regional Pilot Project to implement next
19generation 9-1-1.
20    If the Commission authorizes a Regional Pilot Project, then
21telecommunications carriers shall not be liable for any civil
22damages as a result of any act or omission, except willful or
23wanton misconduct, in connection with developing, adopting,
24operating, implementing, or delivering or receiving calls in
25connection with any plan or system authorized by this Section
26and Section 11 of this Act.

 

 

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1(Source: P.A. 96-1443, eff. 8-20-10.)
 
2    (50 ILCS 750/10.2)  (from Ch. 134, par. 40.2)
3    Sec. 10.2. The Emergency Telephone System Board in any
4county passing a referendum under Section 15.3, and the
5Chairman of the County Board in any county implementing a 9-1-1
6system shall ensure that all areas of the county are included
7in the system.
8(Source: P.A. 87-146.)
 
9    (50 ILCS 750/11)  (from Ch. 134, par. 41)
10    Sec. 11. Within one year after the implementation date or
11by January 31, 1980, whichever is later, all public agencies in
12a county having 100,000 or more inhabitants shall submit
13tentative plans of the establishment of a system required by
14this Act to the public utility or utilities providing public
15telephone service within the respective jurisdiction of each
16public agency. A copy of each such plan shall be filed with the
17Commission.
18    Within 2 years after the implementation date or by January
1931, 1982, whichever is later, all public agencies in a county
20having 100,000 or more inhabitants shall submit final plans for
21the establishment of the system to such utilities, and shall
22make arrangements with such utilities for the implementation of
23the planned emergency telephone system no later than 3 years
24after the implementation date or by December 31, 1985,

 

 

09900SB0096ham002- 121 -LRB099 04130 JLK 36128 a

1whichever is later. A copy of the plan required by this
2subdivision shall be filed with the Commission. In order to
3secure compliance with the standards promulgated under Section
410, the Commission shall have the power to approve or
5disapprove such plan, unless such plan was announced before the
6effective date of this Act.
7    If any public agency has implemented or is a part of a
8system required by this Act on a deadline specified in this
9Section, such public agency shall submit in lieu of the
10tentative or final plan a report describing the system and
11stating its operational date.
12    A board, a qualified governmental entity, a group of
13boards, or a group of qualified governmental entities involved
14in a Regional Pilot Project to implement next generation 9-1-1,
15as defined in this Act, shall submit a plan to the Commission
16describing in detail the Regional Pilot Project no fewer than
17180 days prior to the implementation of the plan. The
18Commission may approve the plan after notice and hearing to
19authorize such Regional Pilot Project. Such shall not exceed
20one year duration or other time period approved by the
21Commission. No entity may proceed with the Regional Pilot
22Project until it receives Commission approval. In approving any
23plan for a Regional Pilot Project under this Section, the
24Commission may impose such terms, conditions, or requirements
25as, in its judgment, are necessary to protect the interests of
26the public.

 

 

09900SB0096ham002- 122 -LRB099 04130 JLK 36128 a

1    The Commission shall have authority to approve one, and
2only one, Regional Pilot Project to implement next generation
39-1-1.
4    All local public agencies operating a 9-1-1 system shall
5operate under a plan that has been filed with and approved by
6the Commission prior to January 1, 2016, or the Administrator.
7Plans filed under this Section shall conform to minimum
8standards established pursuant to Section 10.
9(Source: P.A. 96-1443, eff. 8-20-10.)
 
10    (50 ILCS 750/12)  (from Ch. 134, par. 42)
11    Sec. 12. The Attorney General may, in behalf of the
12Department Commission or on his own initiative, commence
13judicial proceedings to enforce compliance by any public agency
14or public utility providing telephone service with this Act.
15(Source: P.A. 79-1092.)
 
16    (50 ILCS 750/15)  (from Ch. 134, par. 45)
17    Sec. 15. Copies of the annual certified notification of
18continuing agreement required by Section 14 shall be filed with
19the Attorney General and the Administrator Commission. All
20Commencing with the year 1987, all such agreements shall be so
21filed prior to the 31st day of January. The Attorney General
22shall commence judicial proceedings to enforce compliance with
23this Section and Section 14, where a public agency or public
24safety agency has failed to timely enter into such agreement or

 

 

09900SB0096ham002- 123 -LRB099 04130 JLK 36128 a

1file copies thereof.
2(Source: P.A. 86-101.)
 
3    (50 ILCS 750/15.1)  (from Ch. 134, par. 45.1)
4    Sec. 15.1. Public body; exemption from civil liability for
5developing or operating emergency telephone system.
6    (a) In no event shall a No public agency, the Commission,
7the Statewide 9-1-1 Advisory Board, the Administrator, the
8Department of State Police, public safety agency, public safety
9answering point, emergency telephone system board, or unit of
10local government assuming the duties of an emergency telephone
11system board, or carrier, or its officers, employees, assigns,
12or agents nor any officer, agent or employee of any public
13agency, public safety agency, emergency telephone system
14board, or unit of local government assuming the duties of an
15emergency telephone system board, shall be liable for any civil
16damages or criminal liability that directly or indirectly
17results from, or is caused by, any act or omission in the
18development, design, installation, operation, maintenance,
19performance, or provision of 9-1-1 service required by this
20Act, unless the act or omission constitutes gross negligence,
21recklessness, or intentional misconduct as a result of any act
22or omission, except willful or wanton misconduct, in connection
23with developing, adopting, operating or implementing any plan
24or system required by this Act.
25    A unit of local government, the Commission, the Statewide

 

 

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19-1-1 Advisory Board, the Administrator, the Department of
2State Police, public safety agency, public safety answering
3point, emergency telephone system board, or carrier, or its
4officers, employees, assigns, or agents, shall not be liable
5for any form of civil damages or criminal liability that
6directly or indirectly results from, or is caused by, the
7release of subscriber information to any governmental entity as
8required under the provisions of this Act, unless the release
9constitutes gross negligence, recklessness, or intentional
10misconduct.
11    (b) Exemption from civil liability for emergency
12instructions is as provided in the Good Samaritan Act.
13    (c) This Section may not be offered as a defense in any
14judicial proceeding brought by the Attorney General under
15Section 12 to compel compliance with this Act.
16(Source: P.A. 89-403, eff. 1-1-96; 89-607, eff. 1-1-97.)
 
17    (50 ILCS 750/15.2c new)
18    Sec. 15.2c. Call boxes. No carrier shall be required to
19provide a call box. For purposes of this Section, "call box"
20means a device that is normally mounted to an outside wall of
21the serving telecommunications carrier central office and
22designed to provide emergency on-site answering by authorized
23personnel at the central office location in the event a central
24office is isolated from the 9-1-1 network.
 

 

 

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1    (50 ILCS 750/15.3)  (from Ch. 134, par. 45.3)
2    Sec. 15.3. Local non-wireless surcharge Surcharge.
3    (a) Except as provided in subsection (l) of this Section,
4the The corporate authorities of any municipality or any county
5may, subject to the limitations of subsections (c), (d), and
6(h), and in addition to any tax levied pursuant to the
7Simplified Municipal Telecommunications Tax Act, impose a
8monthly surcharge on billed subscribers of network connection
9provided by telecommunication carriers engaged in the business
10of transmitting messages by means of electricity originating
11within the corporate limits of the municipality or county
12imposing the surcharge at a rate per network connection
13determined in accordance with subsection (c), however the
14monthly surcharge shall not apply to a network connection
15provided for use with pay telephone services. Provided,
16however, that where multiple voice grade communications
17channels are connected between the subscriber's premises and a
18public switched network through private branch exchange (PBX)
19or centrex type service, a municipality imposing a surcharge at
20a rate per network connection, as determined in accordance with
21this Act, shall impose:
22        (i) in a municipality with a population of 500,000 or
23    less or in any county, 5 such surcharges per network
24    connection, as determined in accordance with subsections
25    (a) and (d) of Section 2.12 of this Act, for both regular
26    service and advanced service provisioned trunk lines;

 

 

09900SB0096ham002- 126 -LRB099 04130 JLK 36128 a

1        (ii) in a municipality with a population, prior to
2    March 1, 2010, of 500,000 or more, 5 surcharges per network
3    connection, as determined in accordance with subsections
4    (a) and (d) of Section 2.12 of this Act, for both regular
5    service and advanced service provisioned trunk lines;
6        (iii) in a municipality with a population, as of March
7    1, 2010, of 500,000 or more, 5 surcharges per network
8    connection, as determined in accordance with subsections
9    (a) and (d) of Section 2.12 of this Act, for regular
10    service provisioned trunk lines, and 12 surcharges per
11    network connection, as determined in accordance with
12    subsections (a) and (d) of Section 2.12 of this Act, for
13    advanced service provisioned trunk lines, except where an
14    advanced service provisioned trunk line supports at least 2
15    but fewer than 23 simultaneous voice grade calls ("VGC's"),
16    a telecommunication carrier may elect to impose fewer than
17    12 surcharges per trunk line as provided in subsection (iv)
18    of this Section; or
19        (iv) for an advanced service provisioned trunk line
20    connected between the subscriber's premises and the public
21    switched network through a P.B.X., where the advanced
22    service provisioned trunk line is capable of transporting
23    at least 2 but fewer than 23 simultaneous VGC's per trunk
24    line, the telecommunications carrier collecting the
25    surcharge may elect to impose surcharges in accordance with
26    the table provided in this Section, without limiting any

 

 

 

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1    telecommunications carrier's obligations to otherwise keep
2    and maintain records. Any telecommunications carrier
3    electing to impose fewer than 12 surcharges per an advanced
4    service provisioned trunk line shall keep and maintain
5    records adequately to demonstrate the VGC capability of
6    each advanced service provisioned trunk line with fewer
7    than 12 surcharges imposed, provided that 12 surcharges
8    shall be imposed on an advanced service provisioned trunk
9    line regardless of the VGC capability where a
10    telecommunications carrier cannot demonstrate the VGC
11    capability of the advanced service provisioned trunk line.
 
12Facility VGC's 911 Surcharges
13Advanced service provisioned trunk line 18-23 12
14Advanced service provisioned trunk line 12-17 10
15Advanced service provisioned trunk line 2-11 8
16    Subsections (i), (ii), (iii), and (iv) are not intended to
17make any change in the meaning of this Section, but are
18intended to remove possible ambiguity, thereby confirming the
19intent of paragraph (a) as it existed prior to and following
20the effective date of this amendatory Act of the 97th General
21Assembly.
22    For mobile telecommunications services, if a surcharge is
23imposed it shall be imposed based upon the municipality or
24county that encompasses the customer's place of primary use as

 

 

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1defined in the Mobile Telecommunications Sourcing Conformity
2Act. A municipality may enter into an intergovernmental
3agreement with any county in which it is partially located,
4when the county has adopted an ordinance to impose a surcharge
5as provided in subsection (c), to include that portion of the
6municipality lying outside the county in that county's
7surcharge referendum. If the county's surcharge referendum is
8approved, the portion of the municipality identified in the
9intergovernmental agreement shall automatically be
10disconnected from the county in which it lies and connected to
11the county which approved the referendum for purposes of a
12surcharge on telecommunications carriers.
13    (b) For purposes of computing the surcharge imposed by
14subsection (a), the network connections to which the surcharge
15shall apply shall be those in-service network connections,
16other than those network connections assigned to the
17municipality or county, where the service address for each such
18network connection or connections is located within the
19corporate limits of the municipality or county levying the
20surcharge. Except for mobile telecommunication services, the
21"service address" shall mean the location of the primary use of
22the network connection or connections. For mobile
23telecommunication services, "service address" means the
24customer's place of primary use as defined in the Mobile
25Telecommunications Sourcing Conformity Act.
26    (c) Upon the passage of an ordinance to impose a surcharge

 

 

09900SB0096ham002- 129 -LRB099 04130 JLK 36128 a

1under this Section the clerk of the municipality or county
2shall certify the question of whether the surcharge may be
3imposed to the proper election authority who shall submit the
4public question to the electors of the municipality or county
5in accordance with the general election law; provided that such
6question shall not be submitted at a consolidated primary
7election. The public question shall be in substantially the
8following form:
9-------------------------------------------------------------
10    Shall the county (or city, village
11or incorporated town) of ..... impose          YES
12a surcharge of up to ... per month per
13network connection, which surcharge will
14be added to the monthly bill you receive   ------------------
15for telephone or telecommunications
16charges, for the purpose of installing
17(or improving) a 9-1-1 Emergency               NO
18Telephone System?
19-------------------------------------------------------------
20    If a majority of the votes cast upon the public question
21are in favor thereof, the surcharge shall be imposed.
22    However, if a Joint Emergency Telephone System Board is to
23be created pursuant to an intergovernmental agreement under
24Section 15.4, the ordinance to impose the surcharge shall be
25subject to the approval of a majority of the total number of
26votes cast upon the public question by the electors of all of

 

 

09900SB0096ham002- 130 -LRB099 04130 JLK 36128 a

1the municipalities or counties, or combination thereof, that
2are parties to the intergovernmental agreement.
3    The referendum requirement of this subsection (c) shall not
4apply to any municipality with a population over 500,000 or to
5any county in which a proposition as to whether a sophisticated
69-1-1 Emergency Telephone System should be installed in the
7county, at a cost not to exceed a specified monthly amount per
8network connection, has previously been approved by a majority
9of the electors of the county voting on the proposition at an
10election conducted before the effective date of this amendatory
11Act of 1987.
12    (d) A county may not impose a surcharge, unless requested
13by a municipality, in any incorporated area which has
14previously approved a surcharge as provided in subsection (c)
15or in any incorporated area where the corporate authorities of
16the municipality have previously entered into a binding
17contract or letter of intent with a telecommunications carrier
18to provide sophisticated 9-1-1 service through municipal
19funds.
20    (e) A municipality or county may at any time by ordinance
21change the rate of the surcharge imposed under this Section if
22the new rate does not exceed the rate specified in the
23referendum held pursuant to subsection (c).
24    (f) The surcharge authorized by this Section shall be
25collected from the subscriber by the telecommunications
26carrier providing the subscriber the network connection as a

 

 

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1separately stated item on the subscriber's bill.
2    (g) The amount of surcharge collected by the
3telecommunications carrier shall be paid to the particular
4municipality or county or Joint Emergency Telephone System
5Board not later than 30 days after the surcharge is collected,
6net of any network or other 9-1-1 or sophisticated 9-1-1 system
7charges then due the particular telecommunications carrier, as
8shown on an itemized bill. The telecommunications carrier
9collecting the surcharge shall also be entitled to deduct 3% of
10the gross amount of surcharge collected to reimburse the
11telecommunications carrier for the expense of accounting and
12collecting the surcharge.
13    (h) Except as expressly provided in subsection (a) of this
14Section, on or after the effective date of this amendatory Act
15of the 98th General Assembly and until July 1, 2015, a
16municipality with a population of 500,000 or more shall not
17impose a monthly surcharge per network connection in excess of
18the highest monthly surcharge imposed as of January 1, 2014 by
19any county or municipality under subsection (c) of this
20Section. On or after July 1, 2015, a municipality with a
21population over 500,000 may not impose a monthly surcharge in
22excess of $2.50 per network connection.
23    (i) Any municipality or county or joint emergency telephone
24system board that has imposed a surcharge pursuant to this
25Section prior to the effective date of this amendatory Act of
261990 shall hereafter impose the surcharge in accordance with

 

 

09900SB0096ham002- 132 -LRB099 04130 JLK 36128 a

1subsection (b) of this Section.
2    (j) The corporate authorities of any municipality or county
3may issue, in accordance with Illinois law, bonds, notes or
4other obligations secured in whole or in part by the proceeds
5of the surcharge described in this Section. Notwithstanding any
6change in law subsequent to the issuance of any bonds, notes or
7other obligations secured by the surcharge, every municipality
8or county issuing such bonds, notes or other obligations shall
9be authorized to impose the surcharge as though the laws
10relating to the imposition of the surcharge in effect at the
11time of issuance of the bonds, notes or other obligations were
12in full force and effect until the bonds, notes or other
13obligations are paid in full. The State of Illinois pledges and
14agrees that it will not limit or alter the rights and powers
15vested in municipalities and counties by this Section to impose
16the surcharge so as to impair the terms of or affect the
17security for bonds, notes or other obligations secured in whole
18or in part with the proceeds of the surcharge described in this
19Section. The pledge and agreement set forth in this Section
20survive the termination of the surcharge under subsection (l)
21by virtue of the replacement of the surcharge monies guaranteed
22under Section 20; the State of Illinois pledges and agrees that
23it will not limit or alter the rights vested in municipalities
24and counties to the surcharge replacement funds guaranteed
25under Section 20 so as to impair the terms of or affect the
26security for bonds, notes, or other obligations secured in

 

 

09900SB0096ham002- 133 -LRB099 04130 JLK 36128 a

1whole or in part with the proceeds of the surcharge described
2in this Section.
3    (k) Any surcharge collected by or imposed on a
4telecommunications carrier pursuant to this Section shall be
5held to be a special fund in trust for the municipality, county
6or Joint Emergency Telephone Board imposing the surcharge.
7Except for the 3% deduction provided in subsection (g) above,
8the special fund shall not be subject to the claims of
9creditors of the telecommunication carrier.
10    (l) Any surcharge imposed pursuant to this Section by a
11county or municipality, other than a municipality with a
12population in excess of 500,000, shall cease to be imposed on
13January 1, 2016.
14(Source: P.A. 97-463, eff. 8-19-11; 98-634, eff. 6-6-14.)
 
15    (50 ILCS 750/15.3a new)
16    Sec. 15.3a. Local wireless surcharge.
17    (a) Notwithstanding any other provision of this Act, a unit
18of local government or emergency telephone system board
19providing wireless 9-1-1 service and imposing and collecting a
20wireless carrier surcharge prior to July 1, 1998 may continue
21its practices of imposing and collecting its wireless carrier
22surcharge, but, except as provided in subsection (b) of this
23Section, in no event shall that monthly surcharge exceed $2.50
24per commercial mobile radio service (CMRS) connection or
25in-service telephone number billed on a monthly basis. For

 

 

09900SB0096ham002- 134 -LRB099 04130 JLK 36128 a

1mobile telecommunications services provided on and after
2August 1, 2002, any surcharge imposed shall be imposed based
3upon the municipality or county that encompasses the customer's
4place of primary use as defined in the Mobile
5Telecommunications Sourcing Conformity Act.
6    (b) Until July 1, 2017, the corporate authorities of a
7municipality with a population in excess of 500,000 on the
8effective date of this amendatory Act of the 99th General
9Assembly may by ordinance continue to impose and collect a
10monthly surcharge per commercial mobile radio service (CMRS)
11connection or in-service telephone number billed on a monthly
12basis that does not exceed the highest monthly surcharge
13imposed as of January 1, 2014 by any county or municipality
14under subsection (c) of Section 15.3 of this Act. On or after
15July 1, 2017, the municipality may continue imposing and
16collecting its wireless carrier surcharge as provided in and
17subject to the limitations of subsection (a) of this Section.
18    (c) In addition to any other lawful purpose, a municipality
19with a population over 500,000 may use the moneys collected
20under this Section for any anti-terrorism or emergency
21preparedness measures, including, but not limited to,
22preparedness planning, providing local matching funds for
23federal or State grants, personnel training, and specialized
24equipment, including surveillance cameras, as needed to deal
25with natural and terrorist-inspired emergency situations or
26events.
 

 

 

09900SB0096ham002- 135 -LRB099 04130 JLK 36128 a

1    (50 ILCS 750/15.4)  (from Ch. 134, par. 45.4)
2    Sec. 15.4. Emergency Telephone System Board; powers.
3    (a) Except as provided in subsection (e) of this Section,
4the The corporate authorities of any county or municipality may
5that imposes a surcharge under Section 15.3 shall establish an
6Emergency Telephone System Board. The corporate authorities
7shall provide for the manner of appointment and the number of
8members of the Board, provided that the board shall consist of
9not fewer than 5 members, one of whom must be a public member
10who is a resident of the local exchange service territory
11included in the 9-1-1 coverage area, one of whom (in counties
12with a population less than 100,000) must be a member of the
13county board, and at least 3 of whom shall be representative of
14the 9-1-1 public safety agencies, including but not limited to
15police departments, fire departments, emergency medical
16services providers, and emergency services and disaster
17agencies, and appointed on the basis of their ability or
18experience. In counties with a population of more than 100,000
19but less than 2,000,000, a member of the county board may serve
20on the Emergency Telephone System Board. Elected officials,
21including members of a county board, are also eligible to serve
22on the board. Members of the board shall serve without
23compensation but shall be reimbursed for their actual and
24necessary expenses. Any 2 or more municipalities, counties, or
25combination thereof, that impose a surcharge under Section 15.3

 

 

09900SB0096ham002- 136 -LRB099 04130 JLK 36128 a

1may, instead of establishing individual boards, establish by
2intergovernmental agreement a Joint Emergency Telephone System
3Board pursuant to this Section. The manner of appointment of
4such a joint board shall be prescribed in the agreement.
5    Upon the effective date of this amendatory Act of the 98th
6General Assembly, appointed members of the Emergency Telephone
7System Board shall serve staggered 3-year terms if: (1) the
8Board serves a county with a population of 100,000 or less; and
9(2) appointments, on the effective date of this amendatory Act
10of the 98th General Assembly, are not for a stated term. The
11corporate authorities of the county or municipality shall
12assign terms to the board members serving on the effective date
13of this amendatory Act of the 98th General Assembly in the
14following manner: (1) one-third of board members' terms shall
15expire on January 1, 2015; (2) one-third of board members'
16terms shall expire on January 1, 2016; and (3) remaining board
17members' terms shall expire on January 1, 2017. Board members
18may be re-appointed upon the expiration of their terms by the
19corporate authorities of the county or municipality.
20    The corporate authorities of a county or municipality may,
21by a vote of the majority of the members elected, remove an
22Emergency Telephone System Board member for misconduct,
23official misconduct, or neglect of office.
24    (b) The powers and duties of the board shall be defined by
25ordinance of the municipality or county, or by
26intergovernmental agreement in the case of a joint board. The

 

 

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1powers and duties shall include, but need not be limited to the
2following:
3        (1) Planning a 9-1-1 system.
4        (2) Coordinating and supervising the implementation,
5    upgrading, or maintenance of the system, including the
6    establishment of equipment specifications and coding
7    systems.
8        (3) Receiving moneys from the surcharge imposed under
9    Section 15.3, or disbursed to it under Section 30, and from
10    any other source, for deposit into the Emergency Telephone
11    System Fund.
12        (4) Authorizing all disbursements from the fund.
13        (5) Hiring any staff necessary for the implementation
14    or upgrade of the system.
15        (6) (Blank). Participating in a Regional Pilot Project
16    to implement next generation 9-1-1, as defined in this Act,
17    subject to the conditions set forth in this Act.
18    (c) All moneys received by a board pursuant to a surcharge
19imposed under Section 15.3, or disbursed to it under Section
2030, shall be deposited into a separate interest-bearing
21Emergency Telephone System Fund account. The treasurer of the
22municipality or county that has established the board or, in
23the case of a joint board, any municipal or county treasurer
24designated in the intergovernmental agreement, shall be
25custodian of the fund. All interest accruing on the fund shall
26remain in the fund. No expenditures may be made from such fund

 

 

09900SB0096ham002- 138 -LRB099 04130 JLK 36128 a

1except upon the direction of the board by resolution passed by
2a majority of all members of the board. Expenditures may be
3made only to pay for the costs associated with the following:
4        (1) The design of the Emergency Telephone System.
5        (2) The coding of an initial Master Street Address
6    Guide data base, and update and maintenance thereof.
7        (3) The repayment of any moneys advanced for the
8    implementation of the system.
9        (4) The charges for Automatic Number Identification
10    and Automatic Location Identification equipment, a
11    computer aided dispatch system that records, maintains,
12    and integrates information, mobile data transmitters
13    equipped with automatic vehicle locators, and maintenance,
14    replacement and update thereof to increase operational
15    efficiency and improve the provision of emergency
16    services.
17        (5) The non-recurring charges related to installation
18    of the Emergency Telephone System and the ongoing network
19    charges.
20        (6) The acquisition and installation, or the
21    reimbursement of costs therefor to other governmental
22    bodies that have incurred those costs, of road or street
23    signs that are essential to the implementation of the
24    emergency telephone system and that are not duplicative of
25    signs that are the responsibility of the jurisdiction
26    charged with maintaining road and street signs.

 

 

09900SB0096ham002- 139 -LRB099 04130 JLK 36128 a

1        (7) Other products and services necessary for the
2    implementation, upgrade, and maintenance of the system and
3    any other purpose related to the operation of the system,
4    including costs attributable directly to the construction,
5    leasing, or maintenance of any buildings or facilities or
6    costs of personnel attributable directly to the operation
7    of the system. Costs attributable directly to the operation
8    of an emergency telephone system do not include the costs
9    of public safety agency personnel who are and equipment
10    that is dispatched in response to an emergency call.
11        (7.5) The purchase of real property if the purchase is
12    made before March 16, 2006.
13        (8) In the case of a municipality that imposes a
14    surcharge under subsection (h) of Section 15.3, moneys may
15    also be used for any anti-terrorism or emergency
16    preparedness measures, including, but not limited to,
17    preparedness planning, providing local matching funds for
18    federal or State grants, personnel training, and
19    specialized equipment, including surveillance cameras as
20    needed to deal with natural and terrorist-inspired
21    emergency situations or events.
22        (9) The defraying of expenses incurred in
23    participation in a Regional Pilot Project to implement next
24    generation 9-1-1, subject to the conditions set forth in
25    this Act.
26        (10) The implementation of a computer aided dispatch

 

 

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1    system or hosted supplemental 9-1-1 services.
2    Moneys in the fund may also be transferred to a
3participating fire protection district to reimburse volunteer
4firefighters who man remote telephone switching facilities
5when dedicated 9-1-1 lines are down.
6    (d) The board shall complete a Master Street Address Guide
7database the data base before implementation of the 9-1-1
8system. The error ratio of the database data base shall not at
9any time exceed 1% of the total database data base.
10    (e) On and after January 1, 2016, no municipality or county
11may create an Emergency Telephone System Board unless the board
12is a Joint Emergency Telephone System Board. The corporate
13authorities of any county or municipality entering into an
14intergovernmental agreement to create or join a Joint Emergency
15Telephone System Board shall rescind the ordinance or
16ordinances creating the original Emergency Telephone System
17Board and shall eliminate the Emergency Telephone System Board,
18effective upon the creation, with regulatory approval by the
19Administrator, or joining of the Joint Emergency Telephone
20System Board.
21(Source: P.A. 97-517, eff. 8-23-11; 97-1018, eff. 8-17-12;
2298-481, eff. 8-16-13.)
 
23    (50 ILCS 750/15.4a new)
24    Sec. 15.4a. Consolidation.
25    (a) By July 1, 2017, and except as otherwise provided in

 

 

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1this Section, Emergency Telephone System Boards, Joint
2Emergency Telephone System Boards, qualified governmental
3entities, and PSAPs shall be consolidated as follows, subject
4to subsections (b) and (c) of this Section:
5        (1) In any county with a population of at least 250,000
6    that has a single Emergency Telephone System Board, or
7    qualified governmental entity and more than 2 PSAPs, shall
8    reduce the number of PSAPs by at least 50% or to 2 PSAPs,
9    whichever is greater. Nothing in this paragraph shall
10    preclude consolidation resulting in one PSAP in the county.
11        (2) In any county with a population of at least 250,000
12    that has more than one Emergency Telephone System Board,
13    Joint Emergency Telephone System Board, or qualified
14    governmental entity, any 9-1-1 Authority serving a
15    population of less than 25,000 shall be consolidated such
16    that no 9-1-1 Authority in the county serves a population
17    of less than 25,000.
18        (3) In any county with a population of at least 250,000
19    but less than 1,000,000 that has more than one Emergency
20    Telephone System Board, Joint Emergency Telephone System
21    Board, or qualified governmental entity, each 9-1-1
22    Authority shall reduce the number of PSAPs by at least 50%
23    or to 2 PSAPs, whichever is greater. Nothing in this
24    paragraph shall preclude consolidation of a 9-1-1
25    Authority into a Joint Emergency Telephone System Board,
26    and nothing in this paragraph shall preclude consolidation

 

 

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1    resulting in one PSAP in the county.
2        (4) In any county with a population of less than
3    250,000 that has a single Emergency Telephone System Board
4    or qualified governmental entity and more than 2 PSAPs, the
5    9-1-1 Authority shall reduce the number of PSAPs by at
6    least 50% or to 2 PSAPs, whichever is greater. Nothing in
7    this paragraph shall preclude consolidation resulting in
8    one PSAP in the county.
9        (5) In any county with a population of less than
10    250,000 that has more than one Emergency Telephone System
11    Board, Joint Emergency Telephone System Board, or
12    qualified governmental entity and more than 2 PSAPS, the
13    9-1-1 Authorities shall be consolidated into a single joint
14    board, and the number of PSAPs shall be reduced by at least
15    50% or to 2 PSAPs, whichever is greater. Nothing in this
16    paragraph shall preclude consolidation resulting in one
17    PSAP in the county.
18        (6) Any 9-1-1 Authority that does not have a PSAP
19    within its jurisdiction shall be consolidated through an
20    intergovernmental agreement with an existing 9-1-1
21    Authority that has a PSAP to create a Joint Emergency
22    Telephone Board.
23        (7) The corporate authorities of each county that has
24    no 9-1-1 service as of January 1, 2016 shall provide
25    enhanced 9-1-1 wireline and wireless enhanced 9-1-1
26    service for that county by either (i) entering into an

 

 

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1    intergovernmental agreement with an existing Emergency
2    Telephone System Board to create a new Joint Emergency
3    Telephone System Board, or (ii) entering into an
4    intergovernmental agreement with the corporate authorities
5    that have created an existing Joint Emergency Telephone
6    System Board.
7    (b) By July 1, 2016, each county required to consolidate
8pursuant to paragraph (7) of subsection (a) of this Section and
9each 9-1-1 Authority required to consolidate pursuant to
10paragraphs (1) through (6) of subsection (a) of this Section
11shall file a plan for consolidation or a request for a waiver
12pursuant to subsection (c) of this Section with the Division of
139-1-1. Within 60 calendar days of receiving a consolidation
14plan, the Statewide 9-1-1 Advisory Board shall hold at least
15one public hearing on the plan and provide a recommendation to
16the Administrator. Notice of the hearing shall be provided to
17the respective entity to which the plan applies. Within 90
18calendar days of receiving a consolidation plan, the
19Administrator shall approve the plan, approve the plan as
20modified, or grant a waiver pursuant to subsection (c) of this
21Section. In making his or her decision, the Administrator shall
22consider any recommendation from the Statewide 9-1-1 Advisory
23Board regarding the plan. The deadlines provided in this
24subsection may be extended upon agreement between the
25Administrator and entity which submitted the plan.
26    (c) A waiver from a consolidation required under subsection

 

 

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1(a) of this Section may be granted if the Administrator finds
2that the consolidation will result in a substantial threat to
3public safety, is economically unreasonable, or is technically
4infeasible.
5    (d) Any decision of the Administrator under this Section
6shall be deemed a final administrative decision and shall be
7subject to judicial review under the Administrative Review Law.
 
8    (50 ILCS 750/15.4b new)
9    Sec. 15.4b. Consolidation grants.
10    (a) The Administrator shall administer a 9-1-1 System
11Consolidation Grant Program to defray costs associated with
129-1-1 system consolidation of systems outside of a municipality
13with a population in excess of 500,000. The awarded grants will
14be used to offset non-recurring costs associated with the
15consolidation of 9-1-1 system and shall not be used for ongoing
16operating costs associated with the consolidated system. The
17Department, in consultation with the Administrator and the
18Statewide 9-1-1 Advisory Board, shall adopt rules defining the
19grant process and criteria for issuing the grants. The grants
20should be awarded based on criteria that include, but are not
21limited to:
22        (1) reducing the number of transfers of a 9-1-1 call;
23        (2) reducing the infrastructure required to adequately
24    provide 9-1-1 network services;
25        (3) promoting cost savings from resource sharing among

 

 

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1    9-1-1 systems;
2        (4) facilitating interoperability and resiliency for
3    the receipt of 9-1-1 calls;
4        (5) reducing the number of 9-1-1 systems or reducing
5    the number of PSAPS within a 9-1-1 System;
6        (6) cost saving resulting from 9-1-1 system
7    consolidation; and
8        (7) expanding E9-1-1 service coverage as a result of
9    9-1-1 system consolidation including to areas without
10    E9-1-1 service.
11    Priority shall be given first to counties not providing
129-1-1 service as of January 1, 2016, and next to other entities
13consolidating as required under Section 15.4a of this Act.
14    (b) The 9-1-1 System Consolidation Grant application, as
15defined by Department rules, shall be submitted electronically
16to the Division of 9-1-1 starting January 2, 2016, and every
17January 2 thereafter. The application shall include a modified
189-1-1 system plan as required by this Act in support of the
19consolidation plan. The Administrator shall have until June 31,
202016 and every June 31 thereafter to approve 9-1-1 System
21Consolidation grants and modified 9-1-1 system plans. Payment
22under the approved 9-1-1 System Consolidation grants shall be
23contingent upon the final approval of a modified 9-1-1 system
24plan.
25    (c) Existing consolidation projects will be eligible to
26apply for reimbursement of costs incurred in the State fiscal

 

 

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1year of application.
2    (d) The 9-1-1 systems that receive grants under this
3section shall provide a report detailing grant fund usage to
4the Administrator pursuant to Section 40 of this Act.
 
5    (50 ILCS 750/15.5)
6    Sec. 15.5. Private residential switch service 9-1-1
7service.
8    (a) After June 30, 1995, an entity that provides or
9operates private residential switch service and provides
10telecommunications facilities or services to residents shall
11provide to those residential end users the same level of 9-1-1
12service as the public agency and the telecommunications carrier
13are providing to other residential end users of the local 9-1-1
14system. This service shall include, but not be limited to, the
15capability to identify the telephone number, extension number,
16and the physical location that is the source of the call to the
17number designated as the emergency telephone number.
18    (b) The private residential switch operator is responsible
19for forwarding end user automatic location identification
20record information to the 9-1-1 system provider according to
21the format, frequency, and procedures established by that
22system provider.
23    (c) This Act does not apply to any PBX telephone extension
24that uses radio transmissions to convey electrical signals
25directly between the telephone extension and the serving PBX.

 

 

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1    (d) An entity that violates this Section is guilty of a
2business offense and shall be fined not less than $1,000 and
3not more than $5,000.
4    (e) Nothing in this Section shall be construed to preclude
5the Attorney General on behalf of the Department Commission or
6on his or her own initiative, or any other interested person,
7from seeking judicial relief, by mandamus, injunction, or
8otherwise, to compel compliance with this Section.
9(Source: P.A. 88-604, eff. 9-1-94; 89-222, eff. 1-1-96; 89-497,
10eff. 6-27-96.)
 
11    (50 ILCS 750/15.6)
12    Sec. 15.6. Enhanced 9-1-1 service; business service.
13    (a) After June 30, 2000, or within 18 months after enhanced
149-1-1 service becomes available, any entity that installs or
15operates a private business switch service and provides
16telecommunications facilities or services to businesses shall
17assure that the system is connected to the public switched
18network in a manner that calls to 9-1-1 result in automatic
19number and location identification. For buildings having their
20own street address and containing workspace of 40,000 square
21feet or less, location identification shall include the
22building's street address. For buildings having their own
23street address and containing workspace of more than 40,000
24square feet, location identification shall include the
25building's street address and one distinct location

 

 

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1identification per 40,000 square feet of workspace. Separate
2buildings containing workspace of 40,000 square feet or less
3having a common public street address shall have a distinct
4location identification for each building in addition to the
5street address.
6    (b) Exemptions. Buildings containing workspace of more
7than 40,000 square feet are exempt from the multiple location
8identification requirements of subsection (a) if the building
9maintains, at all times, alternative and adequate means of
10signaling and responding to emergencies. Those means shall
11include, but not be limited to, a telephone system that
12provides the physical location of 9-1-1 calls coming from
13within the building. Health care facilities are presumed to
14meet the requirements of this paragraph if the facilities are
15staffed with medical or nursing personnel 24 hours per day and
16if an alternative means of providing information about the
17source of an emergency call exists. Buildings under this
18exemption must provide 9-1-1 service that provides the
19building's street address.
20    Buildings containing workspace of more than 40,000 square
21feet are exempt from subsection (a) if the building maintains,
22at all times, alternative and adequate means of signaling and
23responding to emergencies, including a telephone system that
24provides the location of a 9-1-1 call coming from within the
25building, and the building is serviced by its own medical, fire
26and security personnel. Buildings under this exemption are

 

 

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1subject to emergency phone system certification by the
2Administrator Illinois Commerce Commission.
3    Buildings in communities not serviced by enhanced 9-1-1
4service are exempt from subsection (a).
5    Correctional institutions and facilities, as defined in
6subsection (d) of Section 3-1-2 of the Unified Code of
7Corrections, are exempt from subsection (a).
8    (c) This Act does not apply to any PBX telephone extension
9that uses radio transmissions to convey electrical signals
10directly between the telephone extension and the serving PBX.
11    (d) An entity that violates this Section is guilty of a
12business offense and shall be fined not less than $1,000 and
13not more than $5,000.
14    (e) Nothing in this Section shall be construed to preclude
15the Attorney General on behalf of the Department Commission or
16on his or her own initiative, or any other interested person,
17from seeking judicial relief, by mandamus, injunction, or
18otherwise, to compel compliance with this Section.
19    (f) The Department may Commission shall promulgate rules
20for the administration of this Section no later than January 1,
212000.
22(Source: P.A. 91-518, eff. 8-13-99; 92-16, eff. 6-28-01;
2392-188, eff. 8-1-01.)
 
24    (50 ILCS 750/15.6a new)
25    Sec. 15.6a. Wireless emergency 9-1-1 service.

 

 

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1    (a) The digits "9-1-1" shall be the designated emergency
2telephone number within the wireless system.
3    (b) The Illinois Commerce Commission may set
4non-discriminatory and uniform technical and operational
5standards consistent with the rules of the Federal
6Communications Commission for directing calls to authorized
7public safety answering points. These standards shall not in
8any way prescribe the technology or manner a wireless carrier
9shall use to deliver wireless 9-1-1 or wireless E9-1-1 calls,
10and these standards shall not exceed the requirements set by
11the Federal Communications Commission; however, standards for
12directing calls to the authorized public safety answering point
13shall be included. The authority given to the Department in
14this Section is limited to setting standards as set forth
15herein and does not constitute authority to regulate wireless
16carriers.
17    (c) For the purpose of providing wireless 9-1-1 emergency
18services, an emergency telephone system board or, in the
19absence of an emergency telephone system board, a qualified
20governmental entity, may declare its intention for one or more
21of its public safety answering points to serve as a primary
22wireless 9-1-1 public safety answering point for its
23jurisdiction by notifying the Administrator in writing within 6
24months after receiving its authority to operate a 9-1-1 system
25under this Act. In addition, 2 or more Emergency Telephone
26System Boards or qualified governmental entities may, by virtue

 

 

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1of an intergovernmental agreement, provide wireless 9-1-1
2service. The Department of State Police shall be the primary
3wireless 9-1-1 public safety answering point for any
4jurisdiction that did not provide notice to the Illinois
5Commerce Commission and the Department prior to January 1,
62016.
7    (d) The Administrator, upon a request from a qualified
8governmental entity or an emergency telephone system board and
9after consultation with the Statewide 9-1-1 Advisory Board, may
10grant authority to the emergency telephone system board or a
11qualified governmental entity to provide wireless 9-1-1
12service in areas for which the Department has accepted wireless
139-1-1 responsibility. The Administrator shall maintain a
14current list of all 9-1-1 systems and qualified governmental
15entities providing wireless 9-1-1 service under this Act.
 
16    (50 ILCS 750/15.6b new)
17    Sec. 15.6b. Next Generation 9-1-1 service.
18    (a) The Administrator, in consultation with the Statewide
199-1-1 Advisory Board, shall develop and implement a plan for a
20statewide Next Generation 9-1-1 network. The Next Generation
219-1-1 network must be an Internet protocol-based platform that
22at a minimum provides:
23        (1) improved 9-1-1 call delivery;
24        (2) enhanced interoperability;
25        (3) increased ease of communication between 9-1-1

 

 

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1    service providers, allowing immediate transfer of 9-1-1
2    calls, caller information, photos, and other data
3    statewide;
4        (4) a hosted solution with redundancy built in; and
5        (5) compliance with NENA Standards i3 Solution 08-003.
6    (b) By July 1, 2016, the Administrator, in consultation
7with the 9-1-1 Advisory Board, shall design and issue a
8competitive request for a proposal to secure the services of a
9consultant to complete a feasibility study on the
10implementation of a statewide Next Generation 9-1-1 network in
11Illinois. By July 1, 2017, the consultant shall complete the
12feasibility study and make recommendations as to the
13appropriate procurement approach for developing a statewide
14Next Generation 9-1-1 network.
15    (c) Within 12 months of the final report from the
16consultant under subsection (b) of this Section, the Department
17shall procure and finalize a contract with a vendor certified
18under Section 13-900 of the Public Utilities Act to establish a
19statewide Next Generation 9-1-1 network. By July 1, 2020, the
20vendor shall implement a Next Generation 9-1-1 network that
21allows 9-1-1 systems providing 9-1-1 service to Illinois
22residents to access the system utilizing their current
23infrastructure if it meets the standards adopted by the
24Department.
 
25    (50 ILCS 750/15.7)

 

 

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1    Sec. 15.7. Compliance with certification of 9-1-1 system
2providers by the Illinois Commerce Commission. In addition to
3the requirements of this Act Section, all 9-1-1 system
4providers must comply with the requirements of Section 13-900
5of the Public Utilities Act.
6(Source: P.A. 96-25, eff. 6-30-09.)
 
7    (50 ILCS 750/15.8)
8    Sec. 15.8. 9-1-1 dialing from a business.
9    (a) Any entity that installs or operates a private business
10switch service and provides telecommunications facilities or
11services to businesses shall ensure that all systems installed
12on or after July 1, 2015 (the effective date of Public Act
1398-875) the effective date of this amendatory Act of the 98th
14General Assembly are connected to the public switched network
15in a manner such that when a user dials "9-1-1", the emergency
16call connects to the 9-1-1 system without first dialing any
17number or set of numbers.
18    (b) The requirements of this Section do not apply to:
19        (1) any entity certified by the Illinois Commerce
20    Commission to operate a Private Emergency Answering Point
21    as defined in 83 Ill. Adm. Code 726.105; or
22        (2) correctional institutions and facilities as
23    defined in subsection (d) of Section 3-1-2 of the Unified
24    Code of Corrections.
25    (c) An entity that violates this Section is guilty of a

 

 

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1business offense and shall be fined not less than $1,000 and
2not more than $5,000.
3(Source: P.A. 98-875, eff. 7-1-15.)
 
4    (50 ILCS 750/20 new)
5    Sec. 20. Statewide surcharge.
6    (a) On and after January 1, 2016, and except with respect
7to those customers who are subject to surcharges as provided in
8Sections 15.3 and 15.3a of this Act, a monthly surcharge shall
9be imposed on all customers of telecommunications carriers and
10wireless carriers as follows:
11        (1) Each telecommunications carrier shall impose a
12    monthly surcharge of $0.87 per network connection;
13    provided, however, the monthly surcharge shall not apply to
14    a network connection provided for use with pay telephone
15    services. Where multiple voice grade communications
16    channels are connected between the subscriber's premises
17    and a public switched network through private branch
18    exchange (PBX) or centrex type service there shall be
19    imposed 5 such surcharges per network connection for both
20    regular service and advanced service provisioned trunk
21    lines.
22        (2) Each wireless carrier shall impose and collect a
23    monthly surcharge of $0.87 per CMRS connection that either
24    has a telephone number within an area code assigned to
25    Illinois by the North American Numbering Plan

 

 

09900SB0096ham002- 155 -LRB099 04130 JLK 36128 a

1    Administrator or has a billing address in this State.
2    (b) State and local taxes shall not apply to the surcharges
3imposed under this Section.
4    (c) The surcharges imposed by this Section shall be stated
5as a separately stated item on subscriber bills.
6    (d) The telecommunications carrier collecting the
7surcharge shall also be entitled to deduct 3% of the gross
8amount of surcharge collected to reimburse the
9telecommunications carrier for the expense of accounting and
10collecting the surcharge. On and after July 1, 2022, the
11wireless carrier collecting a surcharge under this Section
12shall be entitled to deduct up to 3% of the gross amount of the
13surcharge collected to reimburse the wireless carrier for the
14expense of accounting and collecting the surcharge.
15    (e) Surcharges imposed under this Section shall be
16collected by the carriers and, within 30 days of collection,
17remitted, either by check or electronic funds transfer, to the
18Department for deposit into the Statewide 9-1-1 Fund. Carriers
19are not required to remit surcharge moneys that are billed to
20subscribers but not yet collected.
21    The first remittance by wireless carriers shall include the
22number of subscribers by zip code, and the 9-digit zip code if
23currently being used or later implemented by the carrier, that
24shall be the means by which the Department shall determine
25distributions from the Statewide 9-1-1 Fund. This information
26shall be updated at least once each year. Any carrier that

 

 

09900SB0096ham002- 156 -LRB099 04130 JLK 36128 a

1fails to provide the zip code information required under this
2subsection (e) shall be subject to the penalty set forth in
3subsection (g) of this Section.
4    (f) If, within 5 business days it is due under subsection
5(e) of this Section, a carrier does not remit the surcharge or
6any portion thereof required under this Section, then the
7surcharge or portion thereof shall be deemed delinquent until
8paid in full, and the Department may impose a penalty against
9the carrier in an amount equal to the greater of:
10        (1) $25 for each month or portion of a month from the
11    time an amount becomes delinquent until the amount is paid
12    in full; or
13        (2) an amount equal to the product of 1% and the sum of
14    all delinquent amounts for each month or portion of a month
15    that the delinquent amounts remain unpaid.
16    A penalty imposed in accordance with this subsection (f)
17for a portion of a month during which the carrier provides the
18number of subscribers by zip code as required under subsection
19(e) of this Section shall be prorated for each day of that
20month during which the carrier had not provided the number of
21subscribers by zip code as required under subsection (e) of
22this Section. Any penalty imposed under this subsection (f) is
23in addition to the amount of the delinquency and is in addition
24to any other penalty imposed under this Section.
25    (g) If, within 5 business days after it is due, a wireless
26carrier does not provide the number of subscribers by zip code

 

 

09900SB0096ham002- 157 -LRB099 04130 JLK 36128 a

1as required under subsection (e) of this Section, then the
2report is deemed delinquent and the Department may impose a
3penalty against the carrier in an amount equal to the greater
4of:
5        (1) $25 for each month or portion of a month that the
6    report is delinquent; or
7        (2) an amount equal to the product of $0.01 and the
8    number of subscribers served by the carrier.
9    A penalty imposed in accordance with this subsection (g)
10for a portion of a month during which the carrier pays the
11delinquent amount in full shall be prorated for each day of
12that month that the delinquent amount was paid in full. Any
13penalty imposed under this subsection (g) is in addition to any
14other penalty imposed under this Section.
15    (h) A penalty imposed and collected in accordance with
16subsection (f) or (g) of this Section shall be deposited into
17the Statewide 9-1-1 Fund for distribution according to Section
1830 of this Act.
19    (i) The Department may enforce the collection of any
20delinquent amount and any penalty due and unpaid under this
21Section by legal action or in any other manner by which the
22collection of debts due the State of Illinois may be enforced
23under the laws of this State. The Department may excuse the
24payment of any penalty imposed under this Section if the
25Administrator determines that the enforcement of this penalty
26is unjust.

 

 

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1    (j) Notwithstanding any provision of law to the contrary,
2nothing shall impair the right of wireless carriers to recover
3compliance costs for all emergency communications services
4that are not reimbursed out of the Wireless Carrier
5Reimbursement Fund directly from their wireless subscribers by
6line-item charges on the wireless subscriber's bill. Those
7compliance costs include all costs incurred by wireless
8carriers in complying with local, State, and federal regulatory
9or legislative mandates that require the transmission and
10receipt of emergency communications to and from the general
11public, including, but not limited to, E9-1-1.
 
12    (50 ILCS 750/30 new)
13    Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
14    (a) A special fund in the State treasury known as the
15Wireless Service Emergency Fund shall be renamed the Statewide
169-1-1 Fund. Any appropriations made from the Wireless Service
17Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
18The Fund shall consist of the following:
19        (1) 9-1-1 wireless surcharges assessed under the
20    Wireless Emergency Telephone Safety Act.
21        (2) 9-1-1 surcharges assessed under Section 20 of this
22    Act.
23        (3) Prepaid wireless 9-1-1 surcharges assessed under
24    Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
25        (4) Any appropriations, grants, or gifts made to the

 

 

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1    Fund.
2        (5) Any income from interest, premiums, gains, or other
3    earnings on moneys in the Fund.
4        (6) Money from any other source that is deposited in or
5    transferred to the Fund.
6    (b) Subject to appropriation, the Department shall
7distribute the 9-1-1 surcharges monthly as follows:
8        (1) From each surcharge collected and remitted under
9    Section 20 of this Act:
10            (A) $0.013 shall be distributed monthly in equal
11        amounts to each County Emergency Telephone System
12        Board or qualified governmental entity in counties
13        with a population under 100,000 according to the most
14        recent census data which is authorized to serve as a
15        primary wireless 9-1-1 public safety answering point
16        for the county and to provide wireless 9-1-1 service as
17        prescribed by subsection (b) of Section 15.6a of this
18        Act, and which does provide such service.
19            (B) $0.033 shall be transferred by the Comptroller
20        at the direction of the Department to the Wireless
21        Carrier Reimbursement Fund until June 30, 2017; from
22        July 1, 2017 through June 30, 2018, $0.026 shall be
23        transferred; from July 1, 2018 through June 30, 2019,
24        $0.020 shall be transferred; from July 1, 2019, through
25        June 30, 2020, $0.013 shall be transferred; from July
26        1, 2020 through June 30, 2021, $0.007 will be

 

 

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1        transferred; and after June 30, 2021, no transfer shall
2        be made to the Wireless Carrier Reimbursement Fund.
3            (C) $0.007 shall be used to cover the Department's
4        administrative costs.
5        (2) After disbursements under paragraph (1) of this
6    subsection (b), all remaining funds in the Statewide 9-1-1
7    Fund shall be disbursed in the following priority order:
8            (A)The Fund will pay monthly to:
9                (i) the 9-1-1 Authorities that imposed
10            surcharges under Section 15.3 of this Act and were
11            required to report to the Illinois Commerce
12            Commission under Section 27 of the Wireless
13            Emergency Telephone Safety Act on October 1, 2014,
14            except a 9-1-1 Authority in a municipality with a
15            population in excess of 500,000, an amount equal to
16            the average monthly wireline and VoIP surcharge
17            revenue attributable to the most recent 12-month
18            period reported to the Department under that
19            Section for the October 1, 2014 filing, subject to
20            the power of the Department to investigate the
21            amount reported and adjust the number by order
22            under Article X of the Public Utilities Act, so
23            that the monthly amount paid under this item
24            accurately reflects one-twelfth of the aggregate
25            wireline and VoIP surcharge revenue properly
26            attributable to the most recent 12-month period

 

 

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1            reported to the Department; or
2                (ii) county qualified governmental entities
3            that did not impose a surcharge under Section 15.3
4            as of December 31, 2015, and counties that did not
5            impose a surcharge as of June 30, 2015, an amount
6            equivalent to their population multiplied by .37
7            multiplied by the rate of $0.69; counties that are
8            not county qualified governmental entities and
9            that did not impose a surcharge as of December 31,
10            2015, shall not begin to receive the payment
11            provided for in this subsection until E9-1-1 and
12            Wireless E9-1-1 services are provided within their
13            counties; or
14                (iii) counties without 9-1-1 service that had
15            a surcharge in place by December 31, 2015, an
16            amount equivalent to their population multiplied
17            by .37 multiplied by their surcharge rate as
18            established by the referendum.
19            (B) All 9-1-1 network costs for systems outside of
20        municipalities with a population of at least 500,000
21        shall be paid by the Department directly to the
22        vendors.
23            (C) All expenses incurred by the Administrator and
24        the Statewide 9-1-1 Advisory Board and costs
25        associated with procurement under Section 15.6b
26        including requests for information and requests for

 

 

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1        proposals.
2            (D) Funds may be held in reserve by the Statewide
3        9-1-1 Advisory Board and disbursed by the Department
4        for grants under Sections 15.4a, 15.4b, and for NG9-1-1
5        expenses up to $12.5 million per year in State fiscal
6        years 2016 and 2017; up to $13.5 million in State
7        fiscal year 2018; up to $14.4 million in State fiscal
8        year 2019; up to $15.3 million in State fiscal year
9        2020; up to $16.2 million in State fiscal year 2021; up
10        to $23.1 million in State fiscal year 2022; and up to
11        $17.0 million per year for State fiscal year 2023 and
12        each year thereafter.
13            (E) All remaining funds per remit month shall be
14        used to make monthly proportional grants to the
15        appropriate 9-1-1 Authority currently taking wireless
16        9-1-1 based upon the United States Postal Zip Code of
17        the billing addresses of subscribers of wireless
18        carriers.
19    (c) The moneys deposited into the Statewide 9-1-1 Fund
20under this Section shall not be subject to administrative
21charges or chargebacks unless otherwise authorized by this Act.
22    (d) Whenever two or more 9-1-1 Authorities consolidate, the
23resulting Joint Emergency Telephone System Board shall be
24entitled to the monthly payments that had theretofore been made
25to each consolidating 9-1-1 Authority. Any reserves held by any
26consolidating 9-1-1 Authority shall be transferred to the

 

 

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1resulting Joint Emergency Telephone System Board.
 
2    (50 ILCS 750/35 new)
3    Sec. 35. 9-1-1 surcharge; allowable expenditures. Except
4as otherwise provided in this Act, expenditures from surcharge
5revenues received under this Act may be made by municipalities,
6counties, and 9-1-1 Authorities only to pay for the costs
7associated with the following:
8        (1) The design of the Emergency Telephone System.
9        (2) The coding of an initial Master Street Address
10    Guide database, and update and maintenance thereof.
11        (3) The repayment of any moneys advanced for the
12    implementation of the system.
13        (4) The charges for Automatic Number Identification
14    and Automatic Location Identification equipment, a
15    computer aided dispatch system that records, maintains,
16    and integrates information, mobile data transmitters
17    equipped with automatic vehicle locators, and maintenance,
18    replacement, and update thereof to increase operational
19    efficiency and improve the provision of emergency
20    services.
21        (5) The non-recurring charges related to installation
22    of the Emergency Telephone System.
23        (6) The acquisition and installation, or the
24    reimbursement of costs therefore to other governmental
25    bodies that have incurred those costs, of road or street

 

 

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1    signs that are essential to the implementation of the
2    Emergency Telephone System and that are not duplicative of
3    signs that are the responsibility of the jurisdiction
4    charged with maintaining road and street signs.
5        (7) Other products and services necessary for the
6    implementation, upgrade, and maintenance of the system and
7    any other purpose related to the operation of the system,
8    including costs attributable directly to the construction,
9    leasing, or maintenance of any buildings or facilities or
10    costs of personnel attributable directly to the operation
11    of the system. Costs attributable directly to the operation
12    of an emergency telephone system do not include the costs
13    of public safety agency personnel who are and equipment
14    that is dispatched in response to an emergency call.
15        (8) The defraying of expenses incurred to implement
16    Next Generation 9-1-1, subject to the conditions set forth
17    in this Act.
18        (9) The implementation of a computer aided dispatch
19    system or hosted supplemental 9-1-1 services.
20        (10) The design, implementation, operation,
21    maintenance, or upgrade of wireless 9-1-1 or E9-1-1
22    emergency services and public safety answering points.
23    Moneys in the Statewide 9-1-1 Fund may also be transferred
24to a participating fire protection district to reimburse
25volunteer firefighters who man remote telephone switching
26facilities when dedicated 9-1-1 lines are down.

 

 

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1    In the case of a municipality with a population over
2500,000, moneys may also be used for any anti-terrorism or
3emergency preparedness measures, including, but not limited
4to, preparedness planning, providing local matching funds for
5federal or State grants, personnel training, and specialized
6equipment, including surveillance cameras, as needed to deal
7with natural and terrorist-inspired emergency situations or
8events.
 
9    (50 ILCS 750/40 new)
10    Sec. 40. Financial reports.
11    (a) The Department shall create uniform accounting
12procedures, with such modification as may be required to give
13effect to statutory provisions applicable only to
14municipalities with a population in excess of 500,000, that any
15emergency telephone system board, qualified governmental
16entity, or unit of local government receiving surcharge money
17pursuant to Section 15.3, 15.3a, or 30 of this Act must follow.
18    (b) By October 1, 2016, and every October 1 thereafter,
19each emergency telephone system board, qualified governmental
20entity, or unit of local government receiving surcharge money
21pursuant to Section 15.3, 15.3a, or 30 shall report to the
22Department audited financial statements showing total revenue
23and expenditures for previous fiscal year in a form and manner
24as prescribed by the Department. Such financial information
25shall include:

 

 

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1        (1) a detailed summary of revenue from all sources
2    including, but not limited to, local, State, federal, and
3    private revenues, and any other funds received;
4        (2) operating expenses, capital expenditures, and cash
5    balances; and
6        (3) such other financial information that is relevant
7    to the provision of 9-1-1 services as determined by the
8    Department.
9    The emergency telephone system board, qualified
10governmental entity, or unit of local government is responsible
11for any costs associated with auditing such financial
12statements. The Department shall post the audited financial
13statements on the Department's website.
14    (c) Along with its audited financial statement, each
15emergency telephone system board, qualified governmental
16entity, or unit of local government receiving a grant under
17Section 15.4b of this Act shall include a report of the amount
18of grant moneys received and how the grant moneys were used. In
19case of a conflict between this requirement and the Grant
20Accountability and Transparency Act, or with the rules of the
21Governor's Office of Management and Budget adopted thereunder,
22that Act and those rules shall control.
23    (d) If an emergency telephone system board or qualified
24governmental entity that receives funds from the Statewide
259-1-1 Fund fails to file the 9-1-1 system financial reports as
26required under this Section, the Department shall suspend and

 

 

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1withhold monthly disbursements otherwise due to the emergency
2telephone system board or qualified governmental entity under
3Section 30 of this Act until the report is filed.
4    Any monthly disbursements that have been withheld for 12
5months or more shall be forfeited by the emergency telephone
6system board or qualified governmental entity and shall be
7distributed proportionally by the Illinois Commerce Commission
8to compliant emergency telephone system boards and qualified
9governmental entities that receive funds from the Statewide
109-1-1 Fund.
11    Any emergency telephone system board or qualified
12governmental entity not in compliance with this Section shall
13be ineligible to receive any consolidation grant or
14infrastructure grant issued under this Act.
15    (e) The Department may adopt emergency rules necessary to
16implement the provisions of this Section.
 
17    (50 ILCS 750/45 new)
18    Sec. 45. Wireless Carrier Reimbursement Fund.
19    (a) A special fund in the State treasury known as the
20Wireless Carrier Reimbursement Fund, which was created
21previously under Section 30 of the Wireless Emergency Telephone
22Safety Act, shall continue in existence without interruption
23notwithstanding the repeal of that Act. Moneys in the Wireless
24Carrier Reimbursement Fund may be used, subject to
25appropriation, only (i) to reimburse wireless carriers for all

 

 

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1of their costs incurred in complying with the applicable
2provisions of Federal Communications Commission wireless
3enhanced 9-1-1 service mandates, and (ii) to pay the reasonable
4and necessary costs of the Illinois Commerce Commission in
5exercising its rights, duties, powers, and functions under this
6Act. This reimbursement to wireless carriers may include, but
7need not be limited to, the cost of designing, upgrading,
8purchasing, leasing, programming, installing, testing, and
9maintaining necessary data, hardware, and software and
10associated operating and administrative costs and overhead.
11    (b) To recover costs from the Wireless Carrier
12Reimbursement Fund, the wireless carrier shall submit sworn
13invoices to the Illinois Commerce Commission. In no event may
14any invoice for payment be approved for (i) costs that are not
15related to compliance with the requirements established by the
16wireless enhanced 9-1-1 mandates of the Federal Communications
17Commission, or (ii) costs with respect to any wireless enhanced
189-1-1 service that is not operable at the time the invoice is
19submitted.
20    (c) If in any month the total amount of invoices submitted
21to the Illinois Commerce Commission and approved for payment
22exceeds the amount available in the Wireless Carrier
23Reimbursement Fund, wireless carriers that have invoices
24approved for payment shall receive a pro-rata share of the
25amount available in the Wireless Carrier Reimbursement Fund
26based on the relative amount of their approved invoices

 

 

09900SB0096ham002- 169 -LRB099 04130 JLK 36128 a

1available that month, and the balance of the payments shall be
2carried into the following months until all of the approved
3payments are made.
4    (d) A wireless carrier may not receive payment from the
5Wireless Carrier Reimbursement Fund for its costs of providing
6wireless enhanced 9-1-1 services in an area when a unit of
7local government or emergency telephone system board provides
8wireless 9-1-1 services in that area and was imposing and
9collecting a wireless carrier surcharge prior to July 1, 1998.
10    (e) The Illinois Commerce Commission shall maintain
11detailed records of all receipts and disbursements and shall
12provide an annual accounting of all receipts and disbursements
13to the Auditor General.
14    (f) The Illinois Commerce Commission must annually review
15the balance in the Wireless Carrier Reimbursement Fund as of
16June 30 of each year and shall direct the Comptroller to
17transfer into the Statewide 9-1-1 Fund for distribution in
18accordance with subsection (b) of Section 30 of this Act any
19amount in excess of outstanding invoices as of June 30 of each
20year.
21    (g) The Illinois Commerce Commission shall adopt rules to
22govern the reimbursement process.
 
23    (50 ILCS 750/50 new)
24    Sec. 50. Fund audits. The Auditor General shall conduct as
25a part of its bi-annual audit, an audit of the Statewide 9-1-1

 

 

09900SB0096ham002- 170 -LRB099 04130 JLK 36128 a

1Fund and the Wireless Carrier Reimbursement Fund for compliance
2with the requirements of this Act. The audit shall include, but
3not be limited to, the following determinations:
4        (1) Whether detailed records of all receipts and
5    disbursements from the Statewide 9-1-1 Fund and the
6    Wireless Carrier Reimbursement Fund are being maintained.
7        (2) Whether administrative costs charged to the funds
8    are adequately documented and are reasonable.
9        (3) Whether the procedures for making disbursements
10    and grants and providing reimbursements in accordance with
11    the Act are adequate.
12        (4) The status of the implementation of statewide 9-1-1
13    service and Next Generation 9-1-1 service in Illinois.
14    The Illinois Commerce Commission, the Department of State
15Police, and any other entity or person that may have
16information relevant to the audit shall cooperate fully and
17promptly with the Office of the Auditor General in conducting
18the audit. The Auditor General shall commence the audit as soon
19as possible and distribute the report upon completion in
20accordance with Section 3-14 of the Illinois State Auditing
21Act.
 
22    (50 ILCS 750/55 new)
23    Sec. 55. Public disclosure. Because of the highly
24competitive nature of the wireless telephone industry, public
25disclosure of information about surcharge moneys paid by

 

 

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1wireless carriers could have the effect of stifling competition
2to the detriment of the public and the delivery of wireless
39-1-1 services. Therefore, the Illinois Commerce Commission,
4the Department of State Police, governmental agencies, and
5individuals with access to that information shall take
6appropriate steps to prevent public disclosure of this
7information. Information and data supporting the amount and
8distribution of surcharge moneys collected and remitted by an
9individual wireless carrier shall be deemed exempt information
10for purposes of the Freedom of Information Act and shall not be
11publicly disclosed. The gross amount paid by all carriers shall
12not be deemed exempt and may be publicly disclosed.
 
13    (50 ILCS 750/2.01 rep.)
14    (50 ILCS 750/2.02 rep.)
15    (50 ILCS 750/2.03 rep.)
16    (50 ILCS 750/2.04 rep.)
17    (50 ILCS 750/2.05 rep.)
18    (50 ILCS 750/2.06 rep.)
19    (50 ILCS 750/2.06a rep.)
20    (50 ILCS 750/2.07 rep.)
21    (50 ILCS 750/2.08 rep.)
22    (50 ILCS 750/2.09 rep.)
23    (50 ILCS 750/2.10 rep.)
24    (50 ILCS 750/2.11 rep.)
25    (50 ILCS 750/2.12 rep.)

 

 

09900SB0096ham002- 172 -LRB099 04130 JLK 36128 a

1    (50 ILCS 750/2.13 rep.)
2    (50 ILCS 750/2.14 rep.)
3    (50 ILCS 750/2.15 rep.)
4    (50 ILCS 750/2.16 rep.)
5    (50 ILCS 750/2.17 rep.)
6    (50 ILCS 750/2.18 rep.)
7    (50 ILCS 750/2.19 rep.)
8    (50 ILCS 750/2.20 rep.)
9    (50 ILCS 750/2.21 rep.)
10    (50 ILCS 750/2.22 rep.)
11    (50 ILCS 750/2.23 rep.)
12    (50 ILCS 750/2.24 rep.)
13    (50 ILCS 750/2.25 rep.)
14    (50 ILCS 750/2.26 rep.)
15    (50 ILCS 750/2.27 rep.)
16    (50 ILCS 750/2.28 rep.)
17    (50 ILCS 750/9 rep.)
18    Section 2-15. The Emergency Telephone System Act is amended
19by repealing Sections 2.01, 2.02, 2.03, 2.04, 2.05, 2.06,
202.06a, 2.07, 2.08, 2.09, 2.10, 2.11, 2.12, 2.13, 2.14, 2.15,
212.16, 2.17, 2.18, 2.19, 2.20, 2.21, 2.22, 2.23, 2.24, 2.25,
222.26, 2.27, 2.28, and 9.
 
23    Section 2-20. The Wireless Emergency Telephone Safety Act
24is amended by changing Section 60 as follows:
 

 

 

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1    (50 ILCS 751/60)
2    (Section scheduled to be repealed on July 1, 2015)
3    Sec. 60. Home rule. A home rule unit, other than a home
4rule municipality having a population in excess of 500,000 that
5was imposing its own surcharge on wireless carriers prior to
6July 1, 1998, may not impose a separate surcharge on wireless
79-1-1 service in addition to the surcharge imposed on wireless
89-1-1 service under this Act. This Section is a limitation
9under subsection (h) (g) of Section 6 of Article VII of the
10Illinois Constitution on the concurrent exercise by home rule
11units of powers and functions of home rule units not exercised
12or performed by the State.
13(Source: P.A. 91-660, eff. 12-22-99.)
 
14    Section 2-25. The Prepaid Wireless 9-1-1 Surcharge Act is
15amended by changing Section 20 as follows:
 
16    (50 ILCS 753/20)
17    Sec. 20. Administration of prepaid wireless 9-1-1
18surcharge.
19    (a) In the administration and enforcement of this Act, the
20provisions of Sections 2a, 2b, 2c, 3, 4, 5, 5a, 5b, 5c, 5d, 5e,
215f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, and 12 of the
22Retailers' Occupation Tax Act that are not inconsistent with
23this Act, and Section 3-7 of the Uniform Penalty and Interest
24Act shall apply, as far as practicable, to the subject matter

 

 

09900SB0096ham002- 174 -LRB099 04130 JLK 36128 a

1of this Act to the same extent as if those provisions were
2included in this Act. References to "taxes" in these
3incorporated Sections shall be construed to apply to the
4administration, payment, and remittance of all surcharges
5under this Act. The Department shall establish registration and
6payment procedures that substantially coincide with the
7registration and payment procedures that apply to the
8Retailers' Occupation Tax Act.
9    (b) A For the first 12 months after the effective date of
10this Act, a seller shall be permitted to deduct and retain 5%
11of prepaid wireless 9-1-1 surcharges that are collected by the
12seller from consumers and that are remitted and timely filed
13with the Department. After the first 12 months, a seller shall
14be permitted to deduct and retain 3% of prepaid wireless 9-1-1
15surcharges that are collected by the seller from consumers and
16that are remitted and timely filed with the Department.
17    (c) Other than the amounts for deposit into the Municipal
18Wireless Service Emergency Fund, the Department shall pay to
19the State Treasurer all prepaid wireless E911 charges, and
20penalties, and interest collected under this Act for deposit
21into the Statewide 9-1-1 Fund Wireless Service Emergency Fund.
22On or before the 25th day of each calendar month, the
23Department shall prepare and certify to the Comptroller the
24amount available to the Illinois Commerce Commission for
25distribution out of the Statewide 9-1-1 Fund Wireless Service
26Emergency Fund. The amount certified shall be the amount (not

 

 

09900SB0096ham002- 175 -LRB099 04130 JLK 36128 a

1including credit memoranda) collected during the second
2preceding calendar month by the Department plus an amount the
3Department determines is necessary to offset any amounts which
4were erroneously paid to a different taxing body. The amount
5paid to the Statewide 9-1-1 Fund Wireless Service Emergency
6Fund shall not include any amount equal to the amount of
7refunds made during the second preceding calendar month by the
8Department to retailers under this Act or any amount that the
9Department determines is necessary to offset any amounts which
10were payable to a different taxing body but were erroneously
11paid to the Statewide 9-1-1 Fund Wireless Service Emergency
12Fund. The Illinois Commerce Commission shall distribute the
13funds in the same proportion as they are distributed under the
14Wireless Emergency Telephone Safety Act and the funds may only
15be used in accordance with Section 30 the provisions of the
16Wireless Emergency Telephone Safety Act. The Department may
17deduct an amount, not to exceed 3% during the first year
18following the effective date of this Act and not to exceed 2%
19during every year thereafter of remitted charges, to be
20transferred into the Tax Compliance and Administration Fund to
21reimburse the Department for its direct costs of administering
22the collection and remittance of prepaid wireless 9-1-1
23surcharges.
24    (d) The Department shall administer the collection of all
259-1-1 surcharges and may adopt and enforce reasonable rules
26relating to the administration and enforcement of the

 

 

09900SB0096ham002- 176 -LRB099 04130 JLK 36128 a

1provisions of this Act as may be deemed expedient. The
2Department shall require all surcharges collected under this
3Act to be reported on existing forms or combined forms,
4including, but not limited to, Form ST-1. Any overpayments
5received by the Department for liabilities reported on existing
6or combined returns shall be applied as an overpayment of
7retailers' occupation tax, use tax, service occupation tax, or
8service use tax liability.
9    (e) If a home rule municipality having a population in
10excess of 500,000 as of the effective date of this amendatory
11Act of the 97th General Assembly imposes an E911 surcharge
12under subsection (a-5) of Section 15 of this Act, then the
13Department shall pay to the State Treasurer all prepaid
14wireless E911 charges, penalties, and interest collected for
15deposit into the Municipal Wireless Service Emergency Fund. All
16deposits into the Municipal Wireless Service Emergency Fund
17shall be held by the State Treasurer as ex officio custodian
18apart from all public moneys or funds of this State. Any
19interest attributable to moneys in the Fund must be deposited
20into the Fund. Moneys in the Municipal Wireless Service
21Emergency Fund are not subject to appropriation. On or before
22the 25th day of each calendar month, the Department shall
23prepare and certify to the Comptroller the amount available for
24disbursement to the home rule municipality out of the Municipal
25Wireless Service Emergency Fund. The amount to be paid to the
26Municipal Wireless Service Emergency Fund shall be the amount

 

 

09900SB0096ham002- 177 -LRB099 04130 JLK 36128 a

1(not including credit memoranda) collected during the second
2preceding calendar month by the Department plus an amount the
3Department determines is necessary to offset any amounts which
4were erroneously paid to a different taxing body. The amount
5paid to the Municipal Wireless Service Emergency Fund shall not
6include any amount equal to the amount of refunds made during
7the second preceding calendar month by the Department to
8retailers under this Act or any amount that the Department
9determines is necessary to offset any amounts which were
10payable to a different taxing body but were erroneously paid to
11the Municipal Wireless Service Emergency Fund. Within 10 days
12after receipt by the Comptroller of the certification provided
13for in this subsection, the Comptroller shall cause the orders
14to be drawn for the respective amounts in accordance with the
15directions in the certification. The Department may deduct an
16amount, not to exceed 3% during the first year following the
17effective date of this amendatory Act of the 97th General
18Assembly and not to exceed 2% during every year thereafter of
19remitted charges, to be transferred into the Tax Compliance and
20Administration Fund to reimburse the Department for its direct
21costs of administering the collection and remittance of prepaid
22wireless 9-1-1 surcharges.
23(Source: P.A. 97-463, eff. 1-1-12; 97-748, eff. 7-6-12.)
 
24
ARTICLE III

 

 

 

09900SB0096ham002- 178 -LRB099 04130 JLK 36128 a

1    Section 3-99. Effective date. This Act takes effect upon
2becoming law, except that Article II of this Act takes effect
3on January 1, 2016.".