SB0096 EnrolledLRB099 04130 HAF 24150 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
16gas, water, cable, video, and telecommunications service both
17during and after the transition to a competitive market, and
18that to ensure that the benefits of competition in the
19provision of electric, natural gas, water, cable, video, and
20telecommunications services to all consumers are attained,
21there shall be created within the Office of the Attorney
22General a Consumer Utilities Unit.

 

 

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1    (b) As used in this Section: "Electric services" means
2services sold by an electric service provider. "Electric
3service provider" shall mean anyone who sells, contracts to
4sell, or markets electric power, generation, distribution,
5transmission, or services (including metering and billing) in
6connection therewith. Electric service providers shall include
7any electric utility and any alternative retail electric
8supplier as defined in Section 16-102 of the Public Utilities
9Act.
10    (b-5) As used in this Section: "Telecommunications
11services" means services sold by a telecommunications carrier,
12as provided for in Section 13-203 of the Public Utilities Act.
13"Telecommunications carrier" means anyone who sells, contracts
14to sell, or markets telecommunications services, whether
15noncompetitive or competitive, including access services,
16interconnection services, or any services in connection
17therewith. Telecommunications carriers include any carrier as
18defined in Section 13-202 of the Public Utilities Act.
19    (b-10) As used in this Section, "natural gas services"
20means natural gas services sold by a "gas utility" or by an
21"alternative gas supplier", as those terms are defined in
22Section 19-105 of the Public Utilities Act.
23    (b-15) As used in this Section, "water services" means
24services sold by any corporation, company, limited liability
25company, association, joint stock company or association,
26firm, partnership, or individual, its lessees, trustees, or

 

 

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1receivers appointed by any court and that owns, controls,
2operates, or manages within this State, directly or indirectly,
3for public use, any plant, equipment, or property used or to be
4used for or in connection with (i) the production, storage,
5transmission, sale, delivery, or furnishing of water or (ii)
6the treatment, storage, transmission, disposal, sale of
7services, delivery, or furnishing of sewage or sewage services.
8    (b-20) As used in this Section, "cable service and video
9service" means services sold by anyone who sells, contracts to
10sell, or markets cable services or video services pursuant to a
11State-issued authorization under the Cable and Video
12Competition Law of 2007.
13    (c) There is created within the Office of the Attorney
14General a Consumer Utilities Unit, consisting of Assistant
15Attorneys General appointed by the Attorney General, who,
16together with such other staff as is deemed necessary by the
17Attorney General, shall have the power and duty on behalf of
18the people of the State to intervene in, initiate, enforce, and
19defend all legal proceedings on matters relating to the
20provision, marketing, and sale of electric, natural gas, water,
21cable, video, and telecommunications service whenever the
22Attorney General determines that such action is necessary to
23promote or protect the rights and interests of all Illinois
24citizens, classes of customers, and users of electric, natural
25gas, water, cable, video, and telecommunications services.
26    (d) In addition to the investigative and enforcement powers

 

 

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1available to the Attorney General, including without
2limitation those under the Consumer Fraud and Deceptive
3Business Practices Act, the Illinois Antitrust Act, and any
4other law of this State, the Attorney General shall be a party
5as a matter of right to all proceedings, investigations, and
6related matters involving the provision of electric, natural
7gas, water, cable, video, and telecommunications services
8before the Illinois Commerce Commission, the courts, and other
9public bodies. Upon request, the Office of the Attorney General
10shall have access to and the use of all files, records, data,
11and documents in the possession or control of the Commission.
12The Office of the Attorney General may use information obtained
13under this Section, including information that is designated as
14and that qualifies for confidential treatment, which
15information the Attorney General's office shall maintain as
16confidential, to be used for law enforcement purposes only,
17which information may be shared with other law enforcement
18officials. Nothing in this Section is intended to take away or
19limit any of the powers the Attorney General has pursuant to
20common law or other statutory law.
21(Source: P.A. 94-291, eff. 7-21-05; 95-9, eff. 6-30-07; 95-876,
22eff. 8-21-08.)
 
23    Section 1-10. The Department of State Police Law of the
24Civil Administrative Code of Illinois is amended by changing
25Section 2605-25 and by adding Section 2605-52 as follows:
 

 

 

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1    (20 ILCS 2605/2605-25)  (was 20 ILCS 2605/55a-1)
2    Sec. 2605-25. Department divisions. The Department is
3divided into the Illinois State Police Academy, the Office of
4the Statewide 9-1-1 Administrator, and 4 divisions: the
5Division of Operations, the Division of Forensic Services, the
6Division of Administration, and the Division of Internal
7Investigation. Beginning on July 1, 2015, there shall be the
8Division of the Statewide 9-1-1 Administrator within the
9Department of State Police to develop, implement, and oversee a
10uniform statewide 9-1-1 system for all areas of the State
11outside of municipalities having a population of more than
12500,000.
13(Source: P.A. 98-634, eff. 6-6-14.)
 
14    (20 ILCS 2605/2605-52 new)
15    Sec. 2605-52. Office of the Statewide 9-1-1 Administrator.
16    (a) There shall be established an Office of the Statewide
179-1-1 Administrator within the Department. Beginning January
181, 2016, the Office of the Statewide 9-1-1 Administrator shall
19be responsible for developing, implementing, and overseeing a
20uniform statewide 9-1-1 system for all areas of the State
21outside of municipalities having a population over 500,000.
22    (b) The Governor shall appoint, with the advice and consent
23of the Senate, a Statewide 9-1-1 Administrator. The
24Administrator shall serve for a term of 2 years, and until a

 

 

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1successor is appointed and qualified; except that the term of
2the first 9-1-1 Administrator appointed under this Act shall
3expire on the third Monday in January, 2017. The Administrator
4shall not hold any other remunerative public office. The
5Administrator shall receive an annual salary as set by the
6Governor.
 
7    Section 1-15. The State Finance Act is amended by adding
8Section 5.866 as follows:
 
9    (30 ILCS 105/5.866 new)
10    Sec. 5.866. The Illinois Telecommunications Access
11Corporation Fund.
 
12    Section 1-20. The Emergency Telephone System Act is amended
13by changing Section 15.3 and by adding Sections 19, 75, and 99
14as follows:
 
15    (50 ILCS 750/15.3)  (from Ch. 134, par. 45.3)
16    Sec. 15.3. Local non-wireless surcharge Surcharge.
17    (a) Except as provided in subsection (l) of this Section,
18the The corporate authorities of any municipality or any county
19may, subject to the limitations of subsections (c), (d), and
20(h), and in addition to any tax levied pursuant to the
21Simplified Municipal Telecommunications Tax Act, impose a
22monthly surcharge on billed subscribers of network connection

 

 

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1provided by telecommunication carriers engaged in the business
2of transmitting messages by means of electricity originating
3within the corporate limits of the municipality or county
4imposing the surcharge at a rate per network connection
5determined in accordance with subsection (c), however the
6monthly surcharge shall not apply to a network connection
7provided for use with pay telephone services. Provided,
8however, that where multiple voice grade communications
9channels are connected between the subscriber's premises and a
10public switched network through private branch exchange (PBX)
11or centrex type service, a municipality imposing a surcharge at
12a rate per network connection, as determined in accordance with
13this Act, shall impose:
14        (i) in a municipality with a population of 500,000 or
15    less or in any county, 5 such surcharges per network
16    connection, as determined in accordance with subsections
17    (a) and (d) of Section 2.12 of this Act, for both regular
18    service and advanced service provisioned trunk lines;
19        (ii) in a municipality with a population, prior to
20    March 1, 2010, of 500,000 or more, 5 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        (iii) in a municipality with a population, as of March
25    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 regular
2    service provisioned trunk lines, and 12 surcharges per
3    network connection, as determined in accordance with
4    subsections (a) and (d) of Section 2.12 of this Act, for
5    advanced service provisioned trunk lines, except where an
6    advanced service provisioned trunk line supports at least 2
7    but fewer than 23 simultaneous voice grade calls ("VGC's"),
8    a telecommunication carrier may elect to impose fewer than
9    12 surcharges per trunk line as provided in subsection (iv)
10    of this Section; or
11        (iv) for an advanced service provisioned trunk line
12    connected between the subscriber's premises and the public
13    switched network through a P.B.X., where the advanced
14    service provisioned trunk line is capable of transporting
15    at least 2 but fewer than 23 simultaneous VGC's per trunk
16    line, the telecommunications carrier collecting the
17    surcharge may elect to impose surcharges in accordance with
18    the table provided in this Section, without limiting any
19    telecommunications carrier's obligations to otherwise keep
20    and maintain records. Any telecommunications carrier
21    electing to impose fewer than 12 surcharges per an advanced
22    service provisioned trunk line shall keep and maintain
23    records adequately to demonstrate the VGC capability of
24    each advanced service provisioned trunk line with fewer
25    than 12 surcharges imposed, provided that 12 surcharges
26    shall be imposed on an advanced service provisioned trunk

 

 

 

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

 

 

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1intergovernmental agreement shall automatically be
2disconnected from the county in which it lies and connected to
3the county which approved the referendum for purposes of a
4surcharge on telecommunications carriers.
5    (b) For purposes of computing the surcharge imposed by
6subsection (a), the network connections to which the surcharge
7shall apply shall be those in-service network connections,
8other than those network connections assigned to the
9municipality or county, where the service address for each such
10network connection or connections is located within the
11corporate limits of the municipality or county levying the
12surcharge. Except for mobile telecommunication services, the
13"service address" shall mean the location of the primary use of
14the network connection or connections. For mobile
15telecommunication services, "service address" means the
16customer's place of primary use as defined in the Mobile
17Telecommunications Sourcing Conformity Act.
18    (c) Upon the passage of an ordinance to impose a surcharge
19under this Section the clerk of the municipality or county
20shall certify the question of whether the surcharge may be
21imposed to the proper election authority who shall submit the
22public question to the electors of the municipality or county
23in accordance with the general election law; provided that such
24question shall not be submitted at a consolidated primary
25election. The public question shall be in substantially the
26following form:

 

 

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1-------------------------------------------------------------
2    Shall the county (or city, village
3or incorporated town) of ..... impose          YES
4a surcharge of up to ... per month per
5network connection, which surcharge will
6be added to the monthly bill you receive   ------------------
7for telephone or telecommunications
8charges, for the purpose of installing
9(or improving) a 9-1-1 Emergency               NO
10Telephone System?
11-------------------------------------------------------------
12    If a majority of the votes cast upon the public question
13are in favor thereof, the surcharge shall be imposed.
14    However, if a Joint Emergency Telephone System Board is to
15be created pursuant to an intergovernmental agreement under
16Section 15.4, the ordinance to impose the surcharge shall be
17subject to the approval of a majority of the total number of
18votes cast upon the public question by the electors of all of
19the municipalities or counties, or combination thereof, that
20are parties to the intergovernmental agreement.
21    The referendum requirement of this subsection (c) shall not
22apply to any municipality with a population over 500,000 or to
23any county in which a proposition as to whether a sophisticated
249-1-1 Emergency Telephone System should be installed in the
25county, at a cost not to exceed a specified monthly amount per
26network connection, has previously been approved by a majority

 

 

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1of the electors of the county voting on the proposition at an
2election conducted before the effective date of this amendatory
3Act of 1987.
4    (d) A county may not impose a surcharge, unless requested
5by a municipality, in any incorporated area which has
6previously approved a surcharge as provided in subsection (c)
7or in any incorporated area where the corporate authorities of
8the municipality have previously entered into a binding
9contract or letter of intent with a telecommunications carrier
10to provide sophisticated 9-1-1 service through municipal
11funds.
12    (e) A municipality or county may at any time by ordinance
13change the rate of the surcharge imposed under this Section if
14the new rate does not exceed the rate specified in the
15referendum held pursuant to subsection (c).
16    (f) The surcharge authorized by this Section shall be
17collected from the subscriber by the telecommunications
18carrier providing the subscriber the network connection as a
19separately stated item on the subscriber's bill.
20    (g) The amount of surcharge collected by the
21telecommunications carrier shall be paid to the particular
22municipality or county or Joint Emergency Telephone System
23Board not later than 30 days after the surcharge is collected,
24net of any network or other 9-1-1 or sophisticated 9-1-1 system
25charges then due the particular telecommunications carrier, as
26shown on an itemized bill. The telecommunications carrier

 

 

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1collecting the surcharge shall also be entitled to deduct 3% of
2the gross amount of surcharge collected to reimburse the
3telecommunications carrier for the expense of accounting and
4collecting the surcharge.
5    (h) Except as expressly provided in subsection (a) of this
6Section, on or after the effective date of this amendatory Act
7of the 98th General Assembly and until July 1, 2017 2015, a
8municipality with a population of 500,000 or more shall not
9impose a monthly surcharge per network connection in excess of
10the highest monthly surcharge imposed as of January 1, 2014 by
11any county or municipality under subsection (c) of this
12Section. On or after July 1, 2017 2015, a municipality with a
13population over 500,000 may not impose a monthly surcharge in
14excess of $2.50 per network connection.
15    (i) Any municipality or county or joint emergency telephone
16system board that has imposed a surcharge pursuant to this
17Section prior to the effective date of this amendatory Act of
181990 shall hereafter impose the surcharge in accordance with
19subsection (b) of this Section.
20    (j) The corporate authorities of any municipality or county
21may issue, in accordance with Illinois law, bonds, notes or
22other obligations secured in whole or in part by the proceeds
23of the surcharge described in this Section. Notwithstanding any
24change in law subsequent to the issuance of any bonds, notes or
25other obligations secured by the surcharge, every municipality
26or county issuing such bonds, notes or other obligations shall

 

 

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1be authorized to impose the surcharge as though the laws
2relating to the imposition of the surcharge in effect at the
3time of issuance of the bonds, notes or other obligations were
4in full force and effect until the bonds, notes or other
5obligations are paid in full. The State of Illinois pledges and
6agrees that it will not limit or alter the rights and powers
7vested in municipalities and counties by this Section to impose
8the surcharge so as to impair the terms of or affect the
9security for bonds, notes or other obligations secured in whole
10or in part with the proceeds of the surcharge described in this
11Section. The pledge and agreement set forth in this Section
12survive the termination of the surcharge under subsection (l)
13by virtue of the replacement of the surcharge monies guaranteed
14under Section 20; the State of Illinois pledges and agrees that
15it will not limit or alter the rights vested in municipalities
16and counties to the surcharge replacement funds guaranteed
17under Section 20 so as to impair the terms of or affect the
18security for bonds, notes or other obligations secured in whole
19or in part with the proceeds of the surcharge described in this
20Section.
21    (k) Any surcharge collected by or imposed on a
22telecommunications carrier pursuant to this Section shall be
23held to be a special fund in trust for the municipality, county
24or Joint Emergency Telephone Board imposing the surcharge.
25Except for the 3% deduction provided in subsection (g) above,
26the special fund shall not be subject to the claims of

 

 

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1creditors of the telecommunication carrier.
2    (l) On and after the effective date of this amendatory Act
3of the 99th General Assembly, no county or municipality, other
4than a municipality with a population over 500,000, may impose
5a monthly surcharge under this Section in excess of the amount
6imposed by it on the effective date of this Act. Any surcharge
7imposed pursuant to this Section by a county or municipality,
8other than a municipality with a population in excess of
9500,000, shall cease to be imposed on January 1, 2016.
10(Source: P.A. 97-463, eff. 8-19-11; 98-634, eff. 6-6-14.)
 
11    (50 ILCS 750/19 new)
12    Sec. 19. Statewide 9-1-1 Advisory Board.
13    (a) Beginning July 1, 2015, there is created the Statewide
149-1-1 Advisory Board within the Department of State Police. The
15Board shall consist of the following 11 voting members:
16        (1) The Director of the State Police, or his or her
17    designee, who shall serve as chairman.
18        (2) The Executive Director of the Commission, or his or
19    her designee.
20        (3) Nine members appointed by the Governor as follows:
21            (A) one member representing the Illinois chapter
22        of the National Emergency Number Association, or his or
23        her designee;
24            (B) one member representing the Illinois chapter
25        of the Association of Public-Safety Communications

 

 

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1        Officials, or his or her designee;
2            (C) one member representing a county 9-1-1 system
3        from a county with a population of less than 50,000;
4            (D) one member representing a county 9-1-1 system
5        from a county with a population between 50,000 and
6        250,000;
7            (E) one member representing a county 9-1-1 system
8        from a county with a population of more than 250,000;
9            (F) one member representing a municipality with a
10        population of less than 500,000 in a county with a
11        population in excess of 2,000,000;
12            (G) one member representing the Illinois
13        Association of Chiefs of Police;
14            (H) one member representing the Illinois Sheriffs'
15        Association; and
16            (I) one member representing the Illinois Fire
17        Chiefs Association.
18    The Governor shall appoint the following non-voting
19members: (i) one member representing an incumbent local
20exchange 9-1-1 system provider; (ii) one member representing a
21non-incumbent local exchange 9-1-1 system provider; (iii) one
22member representing a large wireless carrier; (iv) one member
23representing a small wireless carrier; and (v) one member
24representing the Illinois Telecommunications Association.
25    (b) The Governor shall make initial appointments to the
26Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the

 

 

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1voting members appointed by the Governor shall serve an initial
2term of 2 years, and the remaining voting members appointed by
3the Governor shall serve an initial term of 3 years.
4Thereafter, each appointment by the Governor shall be for a
5term of 3 years. Non-voting members shall serve for a term of 3
6years. Vacancies shall be filled in the same manner as the
7original appointment. Persons appointed to fill a vacancy shall
8serve for the balance of the unexpired term.
9    Members of the Statewide 9-1-1 Advisory Board shall serve
10without compensation.
11    (c) The 9-1-1 Services Advisory Board, as constituted on
12June 1, 2015 without the legislative members, shall serve in
13the role of the Statewide 9-1-1 Advisory Board until all
14appointments of voting members have been made by the Governor
15under subsection (a) of this Section.
16    (d) The Statewide 9-1-1 Advisory Board shall:
17        (1) advise the Department of State Police and the
18    Statewide 9-1-1 Administrator on the oversight of 9-1-1
19    systems and the development and implementation of a uniform
20    statewide 9-1-1 system;
21        (2) make recommendations to the Governor and the
22    General Assembly regarding improvements to 9-1-1 services
23    throughout the State; and
24        (3) exercise all other powers and duties provided in
25    this Act.
26    (e) The Statewide 9-1-1 Advisory Board shall submit to the

 

 

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1General Assembly a report by March 1 of each year providing an
2update on the transition to a statewide 9-1-1 system and
3recommending any legislative action.
4    (f) The Department of State Police shall provide
5administrative support to the Statewide 9-1-1 Advisory Board.
 
6    (50 ILCS 750/75 new)
7    Sec. 75. Transfer of rights, functions, powers, duties, and
8property to Department of State Police; rules and standards;
9savings provisions.
10    (a) On January 1, 2016, the rights, functions, powers, and
11duties of the Illinois Commerce Commission as set forth in this
12Act and the Wireless Emergency Telephone Safety Act existing
13prior to January 1, 2016, are transferred to and shall be
14exercised by the Department of State Police. On or before
15January 1, 2016, the Commission shall transfer and deliver to
16the Department all books, records, documents, property (real
17and personal), unexpended appropriations, and pending business
18pertaining to the rights, powers, duties, and functions
19transferred to the Department under this amendatory Act of the
2099th General Assembly.
21    (b) The rules and standards of the Commission that are in
22effect on January 1, 2016 and that pertain to the rights,
23powers, duties, and functions transferred to the Department
24under this amendatory Act of the 99th General Assembly shall
25become the rules and standards of the Department on January 1,

 

 

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12016, and shall continue in effect until amended or repealed by
2the Department.
3    Any rules pertaining to the rights, powers, duties, and
4functions transferred to the Department under this amendatory
5Act of the 99th General Assembly that have been proposed by the
6Commission but have not taken effect or been finally adopted by
7January 1, 2016, shall become proposed rules of the Department
8on January 1, 2016, and any rulemaking procedures that have
9already been completed by the Commission for those proposed
10rules need not be repealed.
11    As soon as it is practical after January 1, 2016, the
12Department shall revise and clarify the rules transferred to it
13under this amendatory Act of the 99th General Assembly to
14reflect the transfer of rights, powers, duties, and functions
15effected by this amendatory Act of the 99th General Assembly
16using the procedures for recodification of rules available
17under the Illinois Administrative Procedure Act, except that
18existing title, part, and section numbering for the affected
19rules may be retained. The Department may propose and adopt
20under the Illinois Administrative Procedure Act any other rules
21necessary to consolidate and clarify those rules.
22    (c) The rights, powers, duties, and functions transferred
23to the Department by this amendatory Act of the 99th General
24Assembly shall be vested in and exercised by the Department
25subject to the provisions of this Act and the Wireless
26Emergency Telephone Safety Act. An act done by the Department

 

 

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1or an officer, employee, or agent of the Department in the
2exercise of the transferred rights, powers, duties, and
3functions shall have the same legal effect as if done by the
4Commission or an officer, employee, or agent of the Commission.
5    The transfer of rights, powers, duties, and functions to
6the Department under this amendatory Act of the 99th General
7Assembly does not invalidate any previous action taken by or in
8respect to the Commission, its officers, employees, or agents.
9References to the Commission or its officers, employees, or
10agents in any document, contract, agreement, or law shall, in
11appropriate contexts, be deemed to refer to the Department or
12its officers, employees, or agents.
13    The transfer of rights, powers, duties, and functions to
14the Department under this amendatory Act of the 99th General
15Assembly does not affect any person's rights, obligations, or
16duties, including any civil or criminal penalties applicable
17thereto, arising out of those transferred rights, powers,
18duties, and functions.
19    This amendatory Act of the 99th General Assembly does not
20affect any act done, ratified, or cancelled, any right
21occurring or established, or any action or proceeding commenced
22in an administrative, civil, or criminal case before January 1,
232016. Any such action or proceeding that pertains to a right,
24power, duty, or function transferred to the Department under
25this amendatory Act of the 99th General Assembly that is
26pending on that date may be prosecuted, defended, or continued

 

 

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1by the Commission.
2    For the purposes of Section 9b of the State Finance Act,
3the Department is the successor to the Commission with respect
4to the rights, duties, powers, and functions transferred by
5this amendatory Act of the 99th General Assembly.
6    (c) The Department is authorized to enter into an
7intergovernmental agreement with the Commission for the
8purpose of having the Commission assist the Department and the
9Statewide 9-1-1 Administrator in carrying out their duties and
10functions under this Act. The agreement may provide for funding
11for the Commission for its assistance to the Department and the
12Statewide 9-1-1 Administrator.
 
13    (50 ILCS 750/99 new)
14    Sec. 99. Repealer. This Act is repealed on July 1, 2017.
 
15    Section 1-25. The Wireless Emergency Telephone Safety Act
16is amended by changing Sections 27, 45, and 70 as follows:
 
17    (50 ILCS 751/27)
18    (Section scheduled to be repealed on July 1, 2015)
19    Sec. 27. Financial reports.
20    (a) The Illinois Commerce Commission shall create uniform
21accounting procedures, with such modification as may be
22required to give effect to statutory provisions applicable only
23to municipalities with a population in excess of 500,000, that

 

 

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1any emergency telephone system board, qualified governmental
2entity, or unit of local government described in Section 15 of
3this Act and Section 15.4 of the Emergency Telephone System Act
4or any entity imposing a wireless surcharge pursuant to Section
545 of this Act must follow.
6    (b) By October 1, 2014, each emergency telephone system
7board, qualified governmental entity, or unit of local
8government described in Section 15 of this Act and Section 15.4
9of the Emergency Telephone System Act or any entity imposing a
10wireless surcharge pursuant to Section 45 of this Act shall
11report to the Illinois Commerce Commission audited financial
12statements showing total revenue and expenditures for each of
13the last two of its fiscal years in a form and manner as
14prescribed by the Illinois Commerce Commission's Manager of
15Accounting. Such financial information shall include:
16        (1) a detailed summary of revenue from all sources
17    including, but not limited to, local, State, federal, and
18    private revenues, and any other funds received;
19        (2) operating expenses, capital expenditures, and cash
20    balances; and
21        (3) such other financial information that is relevant
22    to the provision of 9-1-1 services as determined by the
23    Illinois Commerce Commission's Manager of Accounting.
24    The emergency telephone system board, qualified
25governmental entity, or unit of local government is responsible
26for any costs associated with auditing such financial

 

 

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1statements. The Illinois Commerce Commission shall post the
2audited financial statements on the Commission's website.
3    (c) By October 1, 2015 January 31, 2016 and each year
4thereafter, each emergency telephone system board, qualified
5governmental entity, or unit of local government described in
6Section 15 of this Act and Section 15.4 of the Emergency
7Telephone System Act or any entity imposing a wireless
8surcharge pursuant to Section 45 of this Act shall report to
9the Illinois Commerce Commission audited annual financial
10statements showing total revenue and expenditures in a form and
11manner as prescribed by the Illinois Commerce Commission's
12Manager of Accounting.
13    The emergency telephone system board, qualified
14governmental entity, or unit of local government is responsible
15for any costs associated with auditing such financial
16statements.
17    The Illinois Commerce Commission shall post each entity's
18individual audited annual financial statements on the
19Commission's website.
20    (d) If an emergency telephone system board or qualified
21governmental entity that receives funds from the Wireless
22Service Emergency Fund fails to file the 9-1-1 system financial
23reports as required under this Section, the Illinois Commerce
24Commission shall suspend and withhold monthly grants otherwise
25due to the emergency telephone system board or qualified
26governmental entity under Section 25 of this Act until the

 

 

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1report is filed.
2    Any monthly grants that have been withheld for 12 months or
3more shall be forfeited by the emergency telephone system board
4or qualified governmental entity and shall be distributed
5proportionally by the Illinois Commerce Commission to
6compliant emergency telephone system boards and qualified
7governmental entities that receive funds from the Wireless
8Service Emergency Fund.
9    (e) The Illinois Commerce Commission may adopt emergency
10rules necessary to carry out the provisions of this Section.
11(Source: P.A. 98-634, eff. 6-6-14.)
 
12    (50 ILCS 751/45)
13    (Section scheduled to be repealed on July 1, 2015)
14    Sec. 45. Continuation of current practices.
15    (a) Notwithstanding any other provision of this Act, a unit
16of local government or emergency telephone system board
17providing wireless 9-1-1 service and imposing and collecting a
18wireless carrier surcharge prior to July 1, 1998 may continue
19its practices of imposing and collecting its wireless carrier
20surcharge, but, except as provided in subsection (b) of this
21Section, in no event shall that monthly surcharge exceed $2.50
22per commercial mobile radio service (CMRS) connection or
23in-service telephone number billed on a monthly basis. For
24mobile telecommunications services provided on and after
25August 1, 2002, any surcharge imposed shall be imposed based

 

 

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1upon the municipality or county that encompasses the customer's
2place of primary use as defined in the Mobile
3Telecommunications Sourcing Conformity Act.
4    (b) On or after the effective date of this amendatory Act
5of the 98th General Assembly and until July 1, 2017 2015, the
6corporate authorities of a municipality with a population in
7excess of 500,000 on the effective date of this amendatory Act
8may by ordinance impose and collect a monthly surcharge per
9commercial mobile radio service (CMRS) connection or
10in-service telephone number billed on a monthly basis that does
11not exceed the highest monthly surcharge imposed as of January
121, 2014 by any county or municipality under subsection (c) of
13Section 15.3 of the Emergency Telephone System Act. On or after
14July 1, 2017 2015, the municipality may continue imposing and
15collecting its wireless carrier surcharge as provided in and
16subject to the limitations of subsection (a) of this Section.
17    (c) In addition to any other lawful purpose, a municipality
18with a population over 500,000 may use the moneys collected
19under this Section for any anti-terrorism or emergency
20preparedness measures, including, but not limited to,
21preparedness planning, providing local matching funds for
22federal or State grants, personnel training, and specialized
23equipment, including surveillance cameras as needed to deal
24with natural and terrorist-inspired emergency situations or
25events.
26(Source: P.A. 98-634, eff. 6-6-14.)
 

 

 

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1    (50 ILCS 751/70)
2    (Section scheduled to be repealed on July 1, 2015)
3    Sec. 70. Repealer. This Act is repealed on December 31 July
41, 2015.
5(Source: P.A. 97-1163, eff. 2-4-13; 98-45, eff. 6-28-13;
698-634, eff. 6-6-14.)
 
7    Section 1-30. The Prepaid Wireless 9-1-1 Surcharge Act is
8amended by changing Section 15 as follows:
 
9    (50 ILCS 753/15)
10    Sec. 15. Prepaid wireless 9-1-1 surcharge.
11    (a) Until September 30, 2015, there There is hereby imposed
12on consumers a prepaid wireless 9-1-1 surcharge of 1.5% per
13retail transaction. Beginning October 1, 2015, the prepaid
14wireless 9-1-1 surcharge shall be 3% per retail transaction.
15The surcharge authorized by this subsection (a) does not apply
16in a home rule municipality having a population in excess of
17500,000. The amount of the surcharge may be reduced or
18increased pursuant to subsection (e).
19    (a-5) On or after the effective date of this amendatory Act
20of the 98th General Assembly and until July 1, 2017 2015, a
21home rule municipality having a population in excess of 500,000
22on the effective date of this amendatory Act may impose a
23prepaid wireless 9-1-1 surcharge not to exceed 9% per retail

 

 

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1transaction sourced to that jurisdiction and collected and
2remitted in accordance with the provisions of subsection (b-5)
3of this Section. On or after July 1, 2017 2015, a home rule
4municipality having a population in excess of 500,000 on the
5effective date of this Act may only impose a prepaid wireless
69-1-1 surcharge not to exceed 7% per retail transaction sourced
7to that jurisdiction and collected and remitted in accordance
8with the provisions of subsection (b-5).
9    (b) The prepaid wireless 9-1-1 surcharge shall be collected
10by the seller from the consumer with respect to each retail
11transaction occurring in this State and shall be remitted to
12the Department by the seller as provided in this Act. The
13amount of the prepaid wireless 9-1-1 surcharge shall be
14separately stated as a distinct item apart from the charge for
15the prepaid wireless telecommunications service on an invoice,
16receipt, or other similar document that is provided to the
17consumer by the seller or shall be otherwise disclosed to the
18consumer. If the seller does not separately state the surcharge
19as a distinct item to the consumer as provided in this Section,
20then the seller shall maintain books and records as required by
21this Act which clearly identify the amount of the 9-1-1
22surcharge for retail transactions.
23    For purposes of this subsection (b), a retail transaction
24occurs in this State if (i) the retail transaction is made in
25person by a consumer at the seller's business location and the
26business is located within the State; (ii) the seller is a

 

 

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

 

 

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1transactions.
2    For purposes of this subsection (b-5), a retail transaction
3occurs in the municipality if (i) the retail transaction is
4made in person by a consumer at the seller's business location
5and the business is located within the municipality; (ii) the
6seller is a provider and sells prepaid wireless
7telecommunications service to a consumer located in the
8municipality; (iii) the retail transaction is treated as
9occurring in the municipality for purposes of the Retailers'
10Occupation Tax Act; or (iv) a seller that is included within
11the definition of a "retailer maintaining a place of business
12in this State" under Section 2 of the Use Tax Act makes a sale
13of prepaid wireless telecommunications service to a consumer
14located in the municipality. In the case of a retail
15transaction which does not occur in person at a seller's
16business location, if a consumer uses a credit card to purchase
17prepaid wireless telecommunications service on-line or over
18the telephone, and no product is shipped to the consumer, the
19transaction occurs in the municipality if the billing address
20for the consumer's credit card is in the municipality.
21    (c) The prepaid wireless 9-1-1 surcharge is imposed on the
22consumer and not on any provider. The seller shall be liable to
23remit all prepaid wireless 9-1-1 surcharges that the seller
24collects from consumers as provided in Section 20, including
25all such surcharges that the seller is deemed to collect where
26the amount of the surcharge has not been separately stated on

 

 

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1an invoice, receipt, or other similar document provided to the
2consumer by the seller. The surcharge collected or deemed
3collected by a seller shall constitute a debt owed by the
4seller to this State, and any such surcharge actually collected
5shall be held in trust for the benefit of the Department.
6    For purposes of this subsection (c), the surcharge shall
7not be imposed or collected from entities that have an active
8tax exemption identification number issued by the Department
9under Section 1g of the Retailers' Occupation Tax Act.
10    (d) The amount of the prepaid wireless 9-1-1 surcharge that
11is collected by a seller from a consumer, if such amount is
12separately stated on an invoice, receipt, or other similar
13document provided to the consumer by the seller, shall not be
14included in the base for measuring any tax, fee, surcharge, or
15other charge that is imposed by this State, any political
16subdivision of this State, or any intergovernmental agency.
17    (e) (Blank). The prepaid wireless 9-1-1 charge imposed
18under subsection (a) of this Section shall be proportionately
19increased or reduced, as applicable, upon any change to the
20surcharge imposed under Section 17 of the Wireless Emergency
21Telephone Safety Act. The adjusted rate shall be determined by
22dividing the amount of the surcharge imposed under Section 17
23of the Wireless Emergency Telephone Safety Act by $50. Such
24increase or reduction shall be effective on the first day of
25the first calendar month to occur at least 60 days after the
26enactment of the change to the surcharge imposed under Section

 

 

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117 of the Wireless Emergency Telephone Safety Act. The
2Department shall provide not less than 30 days' notice of an
3increase or reduction in the amount of the surcharge on the
4Department's website.
5    (e-5) Any changes in the rate of the surcharge imposed by a
6municipality under the authority granted in subsection (a-5) of
7this Section shall be effective on the first day of the first
8calendar month to occur at least 60 days after the enactment of
9the change. The Department shall provide not less than 30 days'
10notice of the increase or reduction in the rate of such
11surcharge on the Department's website.
12    (f) When prepaid wireless telecommunications service is
13sold with one or more other products or services for a single,
14non-itemized price, then the percentage specified in
15subsection (a) or (a-5) of this Section 15 shall be applied to
16the entire non-itemized price unless the seller elects to apply
17the percentage to (i) the dollar amount of the prepaid wireless
18telecommunications service if that dollar amount is disclosed
19to the consumer or (ii) the portion of the price that is
20attributable to the prepaid wireless telecommunications
21service if the retailer can identify that portion by reasonable
22and verifiable standards from its books and records that are
23kept in the regular course of business for other purposes,
24including, but not limited to, books and records that are kept
25for non-tax purposes. However, if a minimal amount of prepaid
26wireless telecommunications service is sold with a prepaid

 

 

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1wireless device for a single, non-itemized price, then the
2seller may elect not to apply the percentage specified in
3subsection (a) or (a-5) of this Section 15 to such transaction.
4For purposes of this subsection, an amount of service
5denominated as 10 minutes or less or $5 or less is considered
6minimal.
7    (g) The prepaid wireless 9-1-1 surcharge imposed under
8subsections (a) and (a-5) of this Section is not imposed on the
9provider or the consumer for wireless Lifeline service where
10the consumer does not pay the provider for the service. Where
11the consumer purchases from the provider optional minutes,
12texts, or other services in addition to the federally funded
13Lifeline benefit, a consumer must pay the prepaid wireless
149-1-1 surcharge, and it must be collected by the seller
15according to subsection (b-5).
16(Source: P.A. 97-463, eff. 1-1-12; 97-748, eff. 7-6-12; 98-634,
17eff. 6-6-14.)
 
18    Section 1-31. The Counties Code is amended by changing
19Section 5-1095.1 as follows:
 
20    (55 ILCS 5/5-1095.1)
21    Sec. 5-1095.1. County franchise fee or service provider fee
22review; requests for information.
23    (a) If pursuant to its franchise agreement with a community
24antenna television system (CATV) operator, a county imposes a

 

 

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1franchise fee authorized by 47 U.S.C. 542 or if a community
2antenna television system (CATV) operator providing cable or
3video service in that county is required to pay the service
4provider fees imposed by the Cable and Video Competition Law of
52007, then the county may conduct an audit of that CATV
6operator's franchise fees or service provider fees derived from
7the provision of cable and video services to subscribers within
8the franchise area to determine whether the amount of franchise
9fees or service provider fees paid by that CATV operator to the
10county was accurate. Any audit conducted under this subsection
11(a) shall determine, for a period of not more than 4 years
12after the date the franchise fees or service provider fees were
13due, any overpayment or underpayment to the county by the CATV
14operator, and the amount due to the county or CATV operator is
15limited to the net difference.
16    (b) Not more than once every 2 years, a county or its agent
17that is authorized to perform an audit as set forth in
18subsection (a) that has imposed a franchise fee authorized by
1947 U.S.C. 542 may, subject to the limitations and protections
20stated in the Local Government Taxpayers' Bill of Rights Act,
21request information from the CATV operator in the format
22maintained by the CATV operator in the ordinary course of its
23business that the county reasonably requires in order to
24perform an audit under subsection (a). The information that may
25be requested by the county includes without limitation the
26following:

 

 

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1        (1) in an electronic format used by the CATV operator
2    in the ordinary course of its business, the database used
3    by the CATV operator to determine the amount of the
4    franchise fee or service provider fee due to the county;
5    and
6        (2) in a format used by the CATV operator in the
7    ordinary course of its business, summary data, as needed by
8    the county, to determine the CATV operator's franchise fees
9    or service provider fees derived from the provision of
10    cable and video services to subscribers within the CATV
11    operator's franchise area.
12    (c) The CATV operator must provide the information
13requested under subsection (b) within:
14        (1) 60 days after the receipt of the request if the
15    population of the requesting county is 500,000 or less; or
16        (2) 90 days after the receipt of the request if the
17    population of the requesting county exceeds 500,000.
18    The time in which a CATV operator must provide the
19information requested under subsection (b) may be extended by
20written an agreement between the county or its agent and the
21CATV operator.
22    (c-5) The county or its agent must provide an initial
23report of its audit findings to the CATV operator no later than
2490 days after the information set forth in subsection (b) of
25this Section has been provided by the CATV operator. This
2690-day timeline may be extended one time by written agreement

 

 

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1between the county or its agent and the CATV operator. However,
2in no event shall an extension of time exceed 90 days. This
3initial report of audit findings shall detail the basis of its
4findings and provide, but not be limited to, the following
5information: (i) any overpayments of franchise fees or service
6provider fees, (ii) any underpayments of franchise fees or
7service provider fees, (iii) all county addresses that should
8be included in the CATV operator's database and attributable to
9that county for determination of franchise fees or service
10provider fees, and (iv) addresses that should not be included
11in the CATV operator's database and addresses that are not
12attributable to that county for determination of franchise fees
13or service provider fees. Generally accepted auditing
14standards shall be utilized by the county and its agents in its
15review of information provided by the CATV operator.
16    (c-10) In the event that the county or its agent does not
17provide the initial report of the audit findings to the CATV
18operator with the timeframes set forth in subsection (c-5) of
19this Section, then the audit shall be deemed completed and to
20have conclusively found that there was no overpayment or
21underpayment by the CATV operator during the 24 months prior to
22the county or its agents requesting the information set forth
23in subsection (b) of this Section.
24    (d) If an audit by the county or its agents finds an error
25by the CATV operator in the amount of the franchise fees or
26service provider fees paid by the CATV operator to the county,

 

 

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1then the county shall may notify the CATV operator of the
2error. Any such notice must be given to the CATV operator by
3the county or its agent within 90 days after the county or its
4agent discovers the error, and no later than 4 years after the
5date the franchise fee or service provider fee was due. Upon
6such a notice, the CATV operator must submit a written response
7within 60 days after receipt of the notice stating that the
8CATV operator has corrected the error on a prospective basis or
9stating the reason that the error is inapplicable or
10inaccurate. The county or its agent then has 60 days after the
11receipt of the CATV operator's response to review and contest
12the conclusion of the CATV operator. No legal proceeding to
13collect a deficiency or overpayment based upon an alleged error
14shall be commenced unless within 180 days after the county's
15notification of the error to the CATV operator the parties are
16unable to agree on the disposition of the audit findings.
17    Any legal proceeding to collect a deficiency as set forth
18in this subsection (d) shall be filed in the appropriate
19circuit court.
20    (e) No CATV operator is liable for any error in past
21franchise fee or service provider fee payments that was unknown
22by the CATV operator prior to the audit process unless (i) the
23error was due to negligence on the part of the CATV operator in
24the collection or processing of required data and (ii) the
25county had not failed to respond in writing in a timely manner
26to any written request of the CATV operator to review and

 

 

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1correct information used by the CATV operator to calculate the
2appropriate franchise fees or service provider fees if a
3diligent review of such information by the county reasonably
4could have been expected to discover such error.
5    (f) All account specific information provided by a CATV
6operator under this Section may be used only for the purpose of
7an audit conducted under this Section and the enforcement of
8any franchise fee or service provider fee delinquent claim. All
9such information must be held in strict confidence by the
10county and its agents and may not be disclosed to the public
11under the Freedom of Information Act or under any other similar
12statutes allowing for or requiring public disclosure.
13    (f-5) All contracts by and between a county and a third
14party for the purposes of conducting an audit as contemplated
15in this Code shall be disclosed to the public under the Freedom
16of Information Act or under similar statutes allowing for or
17requiring public disclosure.
18    (g) For the purposes of this Section, "CATV operator" means
19a person or entity that provides cable and video services under
20a franchise agreement with a county pursuant to Section 5-1095
21of the Counties Code and a holder authorized under Section
2221-401 of the Cable and Video Competition Law of 2007 as
23consistent with Section 21-901 of that Law.
24    (h) This Section does not apply to any action that was
25commenced, to any complaint that was filed, or to any audit
26that was commenced before the effective date of this amendatory

 

 

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1Act of the 96th General Assembly. This Section also does not
2apply to any franchise agreement that was entered into before
3the effective date of this amendatory Act of the 96th General
4Assembly unless the franchise agreement contains audit
5provisions but no specifics regarding audit procedures.
6    (i) The provisions of this Section shall not be construed
7as diminishing or replacing any civil remedy available to a
8county, taxpayer, or tax collector.
9    (j) If a contingent fee is paid to an auditor, then the
10payment must be based upon the net difference of the complete
11audit.
12    (k) Within 90 days after the effective date of this
13amendatory Act of the 96th General Assembly, a county shall
14provide to any CATV operator a complete list of addresses
15within the corporate limits of the county and shall annually
16update the list.
17    (l) This Section is a denial and limitation of home rule
18powers and functions under subsection (h) of Section 6 of
19Article VII of the Illinois Constitution.
20(Source: P.A. 96-1422, eff. 8-3-10.)
 
21    Section 1-33. The Illinois Municipal Code is amended by
22changing Section 11-42-11.05 as follows:
 
23    (65 ILCS 5/11-42-11.05)
24    Sec. 11-42-11.05. Municipal franchise fee or service

 

 

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1provider fee review; requests for information.
2    (a) If pursuant to its franchise agreement with a community
3antenna television system (CATV) operator, a municipality
4imposes a franchise fee authorized by 47 U.S.C. 542 or if a
5community antenna television system (CATV) operator providing
6cable or video service in that municipality is required to pay
7the service provider fees imposed by the Cable and Video
8Competition Law of 2007, then the municipality may conduct an
9audit of that CATV operator's franchise fees or service
10provider fees derived from the provision of cable and video
11services to subscribers within the franchise area to determine
12whether the amount of franchise fees or service provider fees
13paid by that CATV operator to the municipality was accurate.
14Any audit conducted under this subsection (a) shall determine,
15for a period of not more than 4 years after the date the
16franchise fees or service provider fees were due, any
17overpayment or underpayment to the municipality by the CATV
18operator, and the amount due to the municipality or CATV
19operator is limited to the net difference.
20    (b) Not more than once every 2 years, a municipality or its
21agent that is authorized to perform an audit as set forth in
22subsection (a) of this Section that has imposed a franchise fee
23authorized by 47 U.S.C. 542 may, subject to the limitations and
24protections stated in the Local Government Taxpayers' Bill of
25Rights Act, request information from the CATV operator in the
26format maintained by the CATV operator in the ordinary course

 

 

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1of its business that the municipality reasonably requires in
2order to perform an audit under subsection (a). The information
3that may be requested by the municipality includes without
4limitation the following:
5        (1) in an electronic format used by the CATV operator
6    in the ordinary course of its business, the database used
7    by the CATV operator to determine the amount of the
8    franchise fee or service provider fee due to the
9    municipality; and
10        (2) in a format used by the CATV operator in the
11    ordinary course of its business, summary data, as needed by
12    the municipality, to determine the CATV operator's
13    franchise fees or service provider fees derived from the
14    provision of cable and video services to subscribers within
15    the CATV operator's franchise area.
16    (c) The CATV operator must provide the information
17requested under subsection (b) within:
18        (1) 60 days after the receipt of the request if the
19    population of the requesting municipality is 500,000 or
20    less; or
21        (2) 90 days after the receipt of the request if the
22    population of the requesting municipality exceeds 500,000.
23    The time in which a CATV operator must provide the
24information requested under subsection (b) may be extended by
25written an agreement between the municipality or its agent and
26the CATV operator.

 

 

SB0096 Enrolled- 41 -LRB099 04130 HAF 24150 b

1    (c-5) The municipality or its agent must provide an initial
2report of its audit findings to the CATV operator no later than
390 days after the information set forth in subsection (b) of
4this Section has been provided by the CATV operator. This
590-day timeline may be extended one time by written agreement
6between the municipality or its agents and the CATV operator.
7However, in no event shall an extension of time exceed 90 days.
8This initial report of audit findings shall detail the basis of
9its findings and provide, but not be limited to, the following
10information: (i) any overpayments of franchise fees or service
11provider fees, (ii) any underpayments of franchise fees or
12service provider fees, (iii) all municipal addresses that
13should be included in the CATV operator's database and
14attributable to that municipality for determination of
15franchise fees or service provider fees, and (iv) addresses
16that should not be included in the CATV operator's database and
17addresses that are not attributable to that municipality for
18determination of franchise fees or service provider fees.
19Generally accepted auditing standards shall be utilized by the
20municipality and its agents in its review of information
21provided by the CATV operator.
22    (c-10) In the event that the municipality or its agent does
23not provide the initial report of the audit findings to the
24CATV operator with the timeframes set forth in subsection (c-5)
25of this Section, then the audit shall be deemed completed and
26to have conclusively found that there was no overpayment or

 

 

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1underpayment by the CATV operator during the 24 months prior to
2the municipality or its agents requesting the information set
3forth in subsection (b) of this Section.
4    (d) If an audit by the municipality or its agents finds an
5error by the CATV operator in the amount of the franchise fees
6or service provider fees paid by the CATV operator to the
7municipality, then the municipality shall may notify the CATV
8operator of the error. Any such notice must be given to the
9CATV operator by the municipality or its agent within 90 days
10after the municipality or its agent discovers the error, and no
11later than 4 years after the date the franchise fee or service
12provider fee was due. Upon such a notice, the CATV operator
13must submit a written response within 60 days after receipt of
14the notice stating that the CATV operator has corrected the
15error on a prospective basis or stating the reason that the
16error is inapplicable or inaccurate. The municipality or its
17agent then has 60 days after the receipt of the CATV operator's
18response to review and contest the conclusion of the CATV
19operator. No legal proceeding to collect a deficiency or
20overpayment based upon an alleged error shall be commenced
21unless within 180 days after the municipality's notification of
22the error to the CATV operator the parties are unable to agree
23on the disposition of the audit findings.
24    Any legal proceeding to collect a deficiency as set forth
25in this subsection (d) shall be filed in the appropriate
26circuit court.

 

 

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1    (e) No CATV operator is liable for any error in past
2franchise fee or service provider fee payments that was unknown
3by the CATV operator prior to the audit process unless (i) the
4error was due to negligence on the part of the CATV operator in
5the collection or processing of required data and (ii) the
6municipality had not failed to respond in writing in a timely
7manner to any written request of the CATV operator to review
8and correct information used by the CATV operator to calculate
9the appropriate franchise fees or service provider fees if a
10diligent review of such information by the municipality
11reasonably could have been expected to discover such error.
12    (f) All account specific information provided by a CATV
13operator under this Section may be used only for the purpose of
14an audit conducted under this Section and the enforcement of
15any franchise fee or service provider fee delinquent claim. All
16such information must be held in strict confidence by the
17municipality and its agents and may not be disclosed to the
18public under the Freedom of Information Act or under any other
19similar statutes allowing for or requiring public disclosure.
20    (f-5) All contracts by and between a municipality and a
21third party for the purposes of conducting an audit as
22contemplated in this Article shall be disclosed to the public
23under the Freedom of Information Act or under similar statutes
24allowing for or requiring public disclosure.
25    (g) For the purposes of this Section, "CATV operator" means
26a person or entity that provides cable and video services under

 

 

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1a franchise agreement with a municipality pursuant to Section
211-42-11 of the Municipal Code and a holder authorized under
3Section 21-401 of the Cable and Video Competition Law of 2007
4as consistent with Section 21-901 of that Law.
5    (h) This Section does not apply to any action that was
6commenced, to any complaint that was filed, or to any audit
7that was commenced before the effective date of this amendatory
8Act of the 96th General Assembly. This Section also does not
9apply to any franchise agreement that was entered into before
10the effective date of this amendatory Act of the 96th General
11Assembly unless the franchise agreement contains audit
12provisions but no specifics regarding audit procedures.
13    (i) The provisions of this Section shall not be construed
14as diminishing or replacing any civil remedy available to a
15municipality, taxpayer, or tax collector.
16    (j) If a contingent fee is paid to an auditor, then the
17payment must be based upon the net difference of the complete
18audit.
19    (k) Within 90 days after the effective date of this
20amendatory Act of the 96th General Assembly, a municipality
21shall provide to any CATV operator a complete list of addresses
22within the corporate limits of the municipality and shall
23annually update the list.
24    (l) This Section is a denial and limitation of home rule
25powers and functions under subsection (h) of Section 6 of
26Article VII of the Illinois Constitution.

 

 

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1    (m) This Section does not apply to any municipality having
2a population of more than 1,000,000.
3(Source: P.A. 96-1422, eff. 8-3-10.)
 
4    Section 1-35. The Public Utilities Act is amended by
5changing Sections 13-506.2, 13-703, 13-1200, 21-401, 21-801,
621-901, 21-1001, 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

 

 

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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. Part
21    54, 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

 

 

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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

 

 

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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. If
13    an Electing Provider has ceased providing optional
14    packages to customers pursuant to subdivision (d)(8) of
15    this Section, the commitments made by the Electing Provider
16    in such order or decision concerning the optional packages
17    under subsection (d) of this Section shall no longer be in
18    effect and no Commission investigation, review, or
19    proceeding under Section 13-502 shall be continued,
20    conducted, or maintained with respect to such packages.
21        (2) For those geographic areas in which residential
22    local exchange telecommunications services have not been
23    classified as competitive as of the effective date of this
24    amendatory Act of the 96th General Assembly, all
25    telecommunications services provided to residential and
26    business end users by an Electing Provider in the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

SB0096 Enrolled- 53 -LRB099 04130 HAF 24150 b

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

 

 

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

 

 

SB0096 Enrolled- 55 -LRB099 04130 HAF 24150 b

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

 

 

SB0096 Enrolled- 56 -LRB099 04130 HAF 24150 b

1    packages described in this subsection (d) and, upon
2    providing two notices to affected customers and to the
3    Commission, may stop providing the optional packages
4    described in this subsection (d) to all customers who
5    subscribe to one of the optional packages. The first notice
6    shall be provided at least 90 days before the date upon
7    which the Electing Provider intends to stop providing the
8    optional packages, and the second notice must be provided
9    at least 30 days before that date. The first notice shall
10    not be provided prior to July 1, 2017. Each notice must
11    identify the date on which the Electing Provider intends to
12    stop providing the optional packages, at least one
13    alternative service available to the customer, and a
14    telephone number by which the customer may contact a
15    service representative of the Electing Provider. After
16    July 1, 2017 with respect to new customers, and upon the
17    expiration of the second notice period with respect to
18    customers who were subscribing to one of the optional
19    packages, subdivisions (d)(1), (d)(2), (d)(4), (d)(5),
20    (d)(6), and (d)(7) of this Section shall not apply to the
21    Electing Provider. Notwithstanding any other provision of
22    this Article, an Electing Provider that has ceased
23    providing the optional packages under this subdivision
24    (d)(8) is not subject to Section 13-301(1)(c) of this Act.
25    Notwithstanding any other provision of this Act, and
26    subject to subdivision (d)(7) of this Section, the

 

 

SB0096 Enrolled- 57 -LRB099 04130 HAF 24150 b

1    Commission's authority over the discontinuance of the
2    optional packages described in this subsection (d) by an
3    Electing Provider shall be governed solely by this
4    subsection (d)(8).
5    (e) Service quality and customer credits for basic local
6exchange service.
7        (1) An Electing Provider shall meet the following
8    service quality standards in providing basic local
9    exchange service, which for purposes of this subsection
10    (e), includes both basic local exchange service and any the
11    consumer choice safe harbor options that may be required by
12    subsection (d) of this Section.
13            (A) Install basic local exchange service within 5
14        business days after receipt of an order from the
15        customer unless the customer requests an installation
16        date that is beyond 5 business days after placing the
17        order for basic service and to inform the customer of
18        the Electing Provider's duty to install service within
19        this timeframe. If installation of service is
20        requested on or by a date more than 5 business days in
21        the future, the Electing Provider shall install
22        service by the date requested.
23            (B) Restore basic local exchange service for the
24        customer within 30 hours after receiving notice that
25        the customer is out of service.
26            (C) Keep all repair and installation appointments

 

 

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1        for basic local exchange service if a customer premises
2        visit requires a customer to be present. The
3        appointment window shall be either a specific time or,
4        at a maximum, a 4-hour time block during evening,
5        weekend, and normal business hours.
6            (D) Inform a customer when a repair or installation
7        appointment requires the customer to be present.
8        (2) Customers shall be credited by the Electing
9    Provider for violations of basic local exchange service
10    quality standards described in subdivision (e)(1) of this
11    Section. The credits shall be applied automatically on the
12    statement issued to the customer for the next monthly
13    billing cycle following the violation or following the
14    discovery of the violation. The next monthly billing cycle
15    following the violation or the discovery of the violation
16    means the billing cycle immediately following the billing
17    cycle in process at the time of the violation or discovery
18    of the violation, provided the total time between the
19    violation or discovery of the violation and the issuance of
20    the credit shall not exceed 60 calendar days. The Electing
21    Provider is responsible for providing the credits and the
22    customer is under no obligation to request such credits.
23    The following credits shall apply:
24            (A) If an Electing Provider fails to repair an
25        out-of-service condition for basic local exchange
26        service within 30 hours, the Electing Provider shall

 

 

SB0096 Enrolled- 59 -LRB099 04130 HAF 24150 b

1        provide a credit to the customer. If the service
2        disruption is for more than 30 hours, but not more than
3        48 hours, the credit must be equal to a pro-rata
4        portion of the monthly recurring charges for all basic
5        local exchange services disrupted. If the service
6        disruption is for more than 48 hours, but not more than
7        72 hours, the credit must be equal to at least 33% of
8        one month's recurring charges for all local services
9        disrupted. If the service disruption is for more than
10        72 hours, but not more than 96 hours, the credit must
11        be equal to at least 67% of one month's recurring
12        charges for all basic local exchange services
13        disrupted. If the service disruption is for more than
14        96 hours, but not more than 120 hours, the credit must
15        be equal to one month's recurring charges for all basic
16        local exchange services disrupted. For each day or
17        portion thereof that the service disruption continues
18        beyond the initial 120-hour period, the Electing
19        Provider shall also provide an additional credit of $20
20        per calendar day.
21            (B) If an Electing Provider fails to install basic
22        local exchange service as required under subdivision
23        (e)(1) of this Section, the Electing Provider shall
24        waive 50% of any installation charges, or in the
25        absence of an installation charge or where
26        installation is pursuant to the Link Up program, the

 

 

SB0096 Enrolled- 60 -LRB099 04130 HAF 24150 b

1        Electing Provider shall provide a credit of $25. If an
2        Electing Provider fails to install service within 10
3        business days after the service application is placed,
4        or fails to install service within 5 business days
5        after the customer's requested installation date, if
6        the requested date was more than 5 business days after
7        the date of the order, the Electing Provider shall
8        waive 100% of the installation charge, or in the
9        absence of an installation charge or where
10        installation is provided pursuant to the Link Up
11        program, the Electing Provider shall provide a credit
12        of $50. For each day that the failure to install
13        service continues beyond the initial 10 business days,
14        or beyond 5 business days after the customer's
15        requested installation date, if the requested date was
16        more than 5 business days after the date of the order,
17        the Electing Provider shall also provide an additional
18        credit of $20 per calendar day until the basic local
19        exchange service is installed.
20            (C) If an Electing Provider fails to keep a
21        scheduled repair or installation appointment when a
22        customer premises visit requires a customer to be
23        present as required under subdivision (e)(1) of this
24        Section, the Electing Provider shall credit the
25        customer $25 per missed appointment. A credit required
26        by this subdivision does not apply when the Electing

 

 

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1        Provider provides the customer notice of its inability
2        to keep the appointment no later than 8:00 pm of the
3        day prior to the scheduled date of the appointment.
4            (D) Credits required by this subsection do not
5        apply if the violation of a service quality standard:
6                (i) occurs as a result of a negligent or
7            willful act on the part of the customer;
8                (ii) occurs as a result of a malfunction of
9            customer-owned telephone equipment or inside
10            wiring;
11                (iii) occurs as a result of, or is extended by,
12            an emergency situation as defined in 83 Ill. Adm.
13            Code 732.10;
14                (iv) is extended by the Electing Provider's
15            inability to gain access to the customer's
16            premises due to the customer missing an
17            appointment, provided that the violation is not
18            further extended by the Electing Provider;
19                (v) occurs as a result of a customer request to
20            change the scheduled appointment, provided that
21            the violation is not further extended by the
22            Electing Provider;
23                (vi) occurs as a result of an Electing
24            Provider's right to refuse service to a customer as
25            provided in Commission rules; or
26                (vii) occurs as a result of a lack of

 

 

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1            facilities where a customer requests service at a
2            geographically remote location, where a customer
3            requests service in a geographic area where the
4            Electing Provider is not currently offering
5            service, or where there are insufficient
6            facilities to meet the customer's request for
7            service, subject to an Electing Provider's
8            obligation for reasonable facilities planning.
9        (3) Each Electing Provider shall provide to the
10    Commission on a quarterly basis and in a form suitable for
11    posting on the Commission's website in conformance with the
12    rules adopted by the Commission and in effect on April 1,
13    2010, a public report that includes the following data for
14    basic local exchange service quality of service:
15            (A) With regard to credits due in accordance with
16        subdivision (e)(2)(A) as a result of out-of-service
17        conditions lasting more than 30 hours:
18                (i) the total dollar amount of any customer
19            credits paid;
20                (ii) the number of credits issued for repairs
21            between 30 and 48 hours;
22                (iii) the number of credits issued for repairs
23            between 49 and 72 hours;
24                (iv) the number of credits issued for repairs
25            between 73 and 96 hours;
26                (v) the number of credits used for repairs

 

 

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1            between 97 and 120 hours;
2                (vi) the number of credits issued for repairs
3            greater than 120 hours; and
4                (vii) the number of exemptions claimed for
5            each of the categories identified in subdivision
6            (e)(2)(D).
7            (B) With regard to credits due in accordance with
8        subdivision (e)(2)(B) as a result of failure to install
9        basic local exchange service:
10                (i) the total dollar amount of any customer
11            credits paid;
12                (ii) the number of installations after 5
13            business days;
14                (iii) the number of installations after 10
15            business days;
16                (iv) the number of installations after 11
17            business days; and
18                (v) the number of exemptions claimed for each
19            of the categories identified in subdivision
20            (e)(2)(D).
21            (C) With regard to credits due in accordance with
22        subdivision (e)(2)(C) as a result of missed
23        appointments:
24                (i) the total dollar amount of any customer
25            credits paid;
26                (ii) the number of any customers receiving

 

 

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1            credits; and
2                (iii) the number of exemptions claimed for
3            each of the categories identified in subdivision
4            (e)(2)(D).
5            (D) The Electing Provider's annual report required
6        by this subsection shall also include, for
7        informational reporting, the performance data
8        described in subdivisions (e)(2)(A), (e)(2)(B), and
9        (e)(2)(C), and trouble reports per 100 access lines
10        calculated using the Commission's existing applicable
11        rules and regulations for such measures, including the
12        requirements for service standards established in this
13        Section.
14        (4) It is the intent of the General Assembly that the
15    service quality rules and customer credits in this
16    subsection (e) of this Section and other enforcement
17    mechanisms, including fines and penalties authorized by
18    Section 13-305, shall apply on a nondiscriminatory basis to
19    all Electing Providers. Accordingly, notwithstanding any
20    provision of any service quality rules promulgated by the
21    Commission, any alternative regulation plan adopted by the
22    Commission, or any other order of the Commission, any
23    Electing Provider that is subject to any other order of the
24    Commission and that violates or fails to comply with the
25    service quality standards promulgated pursuant to this
26    subsection (e) or any other order of the Commission shall

 

 

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

 

 

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1    shall not apply to such Electing Provider, except that,
2    upon request from the Commission, the Electing Provider
3    shall provide a report showing the number of credits and
4    exemptions for the requested time period.
5    (f) Commission jurisdiction over competitive retail
6telecommunications services. Except as otherwise expressly
7stated in this Section, the Commission shall thereafter have no
8jurisdiction or authority over any aspect of competitive retail
9telecommunications service of an Electing Provider in those
10geographic areas included in the Electing Provider's notice of
11election pursuant to subsection (b) of this Section or of a
12retail telecommunications service classified as competitive
13pursuant to Section 13-502 or subdivision (c)(5) of this
14Section, heretofore subject to the jurisdiction of the
15Commission, including but not limited to, any requirements of
16this Article related to the terms, conditions, rates, quality
17of service, availability, classification or any other aspect of
18any competitive retail telecommunications services. No
19telecommunications carrier shall commit any unfair or
20deceptive act or practice in connection with any aspect of the
21offering or provision of any competitive retail
22telecommunications service. Nothing in this Article shall
23limit or affect any provisions in the Consumer Fraud and
24Deceptive Business Practices Act with respect to any unfair or
25deceptive act or practice by a telecommunications carrier.
26    (g) Commission authority over access services upon

 

 

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

 

 

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1    and rate structure. Following the fourth reduction, each
2    Electing Provider must continue to set its intrastate
3    switched access rates to mirror its interstate switched
4    access rates and rate structure. For purposes of this
5    subsection, the rate for intrastate switched access
6    service means the composite, per-minute rate for that
7    service, including all applicable fixed and
8    traffic-sensitive charges, including, but not limited to,
9    carrier common line charges.
10        (2) Nothing in paragraph (1) of this subsection (g)
11    prohibits an Electing Provider from electing to offer
12    intrastate switched access service at rates lower than its
13    interstate switched access rates.
14        (3) The Commission shall have no authority to order an
15    Electing Provider to set its rates for intrastate switched
16    access at a level lower than its interstate switched access
17    rates.
18        (4) The Commission's authority under this subsection
19    (g) shall only apply to Electing Providers under Market
20    Regulation. The Commission's authority over switched
21    access services for all other carriers is retained under
22    Section 13-900.2 of this Act.
23    (h) Safety of service equipment and facilities.
24        (1) An Electing Provider shall furnish, provide, and
25    maintain such service instrumentalities, equipment, and
26    facilities as shall promote the safety, health, comfort,

 

 

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1    and convenience of its patrons, employees, and public and
2    as shall be in all respects adequate, reliable, and
3    efficient without discrimination or delay. Every Electing
4    Provider shall provide service and facilities that are in
5    all respects environmentally safe.
6        (2) The Commission is authorized to conduct an
7    investigation of any Electing Provider or part thereof. The
8    investigation may examine the reasonableness, prudence, or
9    efficiency of any aspect of the Electing Provider's
10    operations or functions that may affect the adequacy,
11    safety, efficiency, or reliability of telecommunications
12    service. The Commission may conduct or order an
13    investigation only when it has reasonable grounds to
14    believe that the investigation is necessary to assure that
15    the Electing Provider is providing adequate, efficient,
16    reliable, and safe service. The Commission shall, before
17    initiating any such investigation, issue an order
18    describing the grounds for the investigation and the
19    appropriate scope and nature of the investigation, which
20    shall be reasonably related to the grounds relied upon by
21    the Commission in its order.
22    (i) (Blank).
23    (j) Application of Article VII. The provisions of Sections
247-101, 7-102, 7-104, 7-204, 7-205, and 7-206 of this Act are
25applicable to an Electing Provider offering or providing retail
26telecommunications service, and the Commission's regulation

 

 

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1thereof, except that (1) the approval of contracts and
2arrangements with affiliated interests required by paragraph
3(3) of Section 7-101 shall not apply to such telecommunications
4carriers provided that, except as provided in item (2), those
5contracts and arrangements shall be filed with the Commission;
6(2) affiliated interest contracts or arrangements entered into
7by such telecommunications carriers where the increased
8obligation thereunder does not exceed the lesser of $5,000,000
9or 5% of such carrier's prior annual revenue from
10noncompetitive services are not required to be filed with the
11Commission; and (3) any consent and approval of the Commission
12required by Section 7-102 is not required for the sale, lease,
13assignment, or transfer by any Electing Provider of any
14property that is not necessary or useful in the performance of
15its duties to the public.
16    (k) Notwithstanding other provisions of this Section, the
17Commission retains its existing authority to enforce the
18provisions, conditions, and requirements of the following
19Sections of this Article: 13-101, 13-103, 13-201, 13-301,
2013-301.1, 13-301.2, 13-301.3, 13-303, 13-303.5, 13-304,
2113-305, 13-401, 13-401.1, 13-402, 13-403, 13-404, 13-404.1,
2213-404.2, 13-405, 13-406, 13-407, 13-501, 13-501.5, 13-503,
2313-505, 13-509, 13-510, 13-512, 13-513, 13-514, 13-515,
2413-516, 13-519, 13-702, 13-703, 13-704, 13-705, 13-706,
2513-707, 13-709, 13-713, 13-801, 13-802.1, 13-804, 13-900,
2613-900.1, 13-900.2, 13-901, 13-902, and 13-903, which are fully

 

 

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1and equally applicable to Electing Providers and to
2telecommunications carriers providing retail
3telecommunications service classified as competitive pursuant
4to Section 13-502 or subdivision (c)(5) of this Section subject
5to the provisions of this Section. On the effective date of
6this amendatory Act of the 98th General Assembly, the following
7Sections of this Article shall cease to apply to Electing
8Providers and to telecommunications carriers providing retail
9telecommunications service classified as competitive pursuant
10to Section 13-502 or subdivision (c)(5) of this Section:
1113-302, 13-405.1, 13-502, 13-502.5, 13-504, 13-505.2,
1213-505.3, 13-505.4, 13-505.5, 13-505.6, 13-506.1, 13-507,
1313-507.1, 13-508, 13-508.1, 13-517, 13-518, 13-601, 13-701,
14and 13-712.
15(Source: P.A. 98-45, eff. 6-28-13.)
 
16    (220 ILCS 5/13-703)  (from Ch. 111 2/3, par. 13-703)
17    (Section scheduled to be repealed on July 1, 2015)
18    Sec. 13-703. (a) The Commission shall design and implement
19a program whereby each telecommunications carrier providing
20local exchange service shall provide a telecommunications
21device capable of servicing the needs of those persons with a
22hearing or speech disability together with a single party line,
23at no charge additional to the basic exchange rate, to any
24subscriber who is certified as having a hearing or speech
25disability by a licensed physician, speech-language

 

 

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1pathologist, audiologist or a qualified State agency and to any
2subscriber which is an organization serving the needs of those
3persons with a hearing or speech disability as determined and
4specified by the Commission pursuant to subsection (d).
5    (b) The Commission shall design and implement a program,
6whereby each telecommunications carrier providing local
7exchange service shall provide a telecommunications relay
8system, using third party intervention to connect those persons
9having a hearing or speech disability with persons of normal
10hearing by way of intercommunications devices and the telephone
11system, making available reasonable access to all phases of
12public telephone service to persons who have a hearing or
13speech disability. In order to design a telecommunications
14relay system which will meet the requirements of those persons
15with a hearing or speech disability available at a reasonable
16cost, the Commission shall initiate an investigation and
17conduct public hearings to determine the most cost-effective
18method of providing telecommunications relay service to those
19persons who have a hearing or speech disability when using
20telecommunications devices and therein solicit the advice,
21counsel, and physical assistance of Statewide nonprofit
22consumer organizations that serve persons with hearing or
23speech disabilities in such hearings and during the development
24and implementation of the system. The Commission shall phase in
25this program, on a geographical basis, as soon as is
26practicable, but no later than June 30, 1990.

 

 

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1    (c) The Commission shall establish a competitively neutral
2rate recovery mechanism that establishes , authorizing charges
3in an amount to be determined by the Commission for each line
4of a subscriber to allow telecommunications carriers providing
5local exchange service to recover costs as they are incurred
6under this Section. Beginning no later than April 1, 2016, and
7on a yearly basis thereafter, the Commission shall initiate a
8proceeding to establish the competitively neutral amount to be
9charged or assessed to subscribers of telecommunications
10carriers and wireless carriers, Interconnected VoIP service
11providers and consumers of prepaid wireless telecommunications
12service in a manner consistent with this subsection (c) and
13subsection (f) of this Section. The Commission shall issue its
14order establishing the competitively neutral amount to be
15charged or assessed to subscribers of telecommunications
16carriers and wireless carriers, Interconnected VoIP service
17providers and purchasers of prepaid wireless
18telecommunications service on or prior to June 1 of each year,
19and such amount shall take effect June 1 of each year.
20    Telecommunications carriers, wireless carriers,
21Interconnected VoIP service providers, and sellers of prepaid
22wireless telecommunications service shall have 60 days from the
23date the Commission files its order to implement the new rate
24established by the order.
25    (d) The Commission shall determine and specify those
26organizations serving the needs of those persons having a

 

 

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1hearing or speech disability that shall receive a
2telecommunications device and in which offices the equipment
3shall be installed in the case of an organization having more
4than one office. For the purposes of this Section,
5"organizations serving the needs of those persons with hearing
6or speech disabilities" means centers for independent living as
7described in Section 12a of the Disabled Persons Rehabilitation
8Act and not-for-profit organizations whose primary purpose is
9serving the needs of those persons with hearing or speech
10disabilities. The Commission shall direct the
11telecommunications carriers subject to its jurisdiction and
12this Section to comply with its determinations and
13specifications in this regard.
14    (e) As used in this Section:
15    "Prepaid wireless telecommunications service" has the
16meaning given to that term under Section 10 of the Prepaid
17Wireless 9-1-1 Surcharge Act.
18    "Retail transaction" has the meaning given to that term
19under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act.
20    "Seller" has the meaning given to that term under Section
2110 of the Prepaid Wireless 9-1-1 Surcharge Act.
22    "Telecommunications , the phrase "telecommunications
23carrier providing local exchange service" includes, without
24otherwise limiting the meaning of the term, telecommunications
25carriers which are purely mutual concerns, having no rates or
26charges for services, but paying the operating expenses by

 

 

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1assessment upon the members of such a company and no other
2person.
3    "Wireless carrier" has the meaning given to that term under
4Section 10 of the Wireless Emergency Telephone Safety Act.
5    (f) Interconnected VoIP service providers, sellers of
6prepaid wireless telecommunications service, and wireless
7carriers in Illinois shall collect and remit assessments
8determined in accordance with this Section in a competitively
9neutral manner in the same manner as a telecommunications
10carrier providing local exchange service. However, the
11assessment imposed on consumers of prepaid wireless
12telecommunications service shall be collected by the seller
13from the consumer and imposed per retail transaction as a
14percentage of that retail transaction on all retail
15transactions occurring in this State. The assessment on
16subscribers of wireless carriers and consumers of prepaid
17wireless telecommunications service shall not be imposed or
18collected prior to June 1, 2016.
19    Sellers of prepaid wireless telecommunications service
20shall remit the assessments to the Department of Revenue on the
21same form and in the same manner which they remit the fee
22collected under the Prepaid Wireless 9-1-1 Surcharge Act. For
23the purposes of display on the consumers' receipts, the rates
24of the fee collected under the Prepaid Wireless 9-1-1 Surcharge
25Act and the assessment under this Section may be combined. In
26administration and enforcement of this Section, the provisions

 

 

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1of Sections 15 and 20 of the Prepaid Wireless 9-1-1 Surcharge
2Act (except subsections (a), (a-5), (b-5), (e), and (e-5) of
3Section 15 and subsections (c) and (e) of Section 20 of the
4Prepaid Wireless 9-1-1 Surcharge Act and, from the effective
5date of this amendatory Act of the 99th General Assembly, the
6seller shall be permitted to deduct and retain 3% of the
7assessments that are collected by the seller from consumers and
8that are remitted and timely filed with the Department) that
9are not inconsistent with this Section, shall apply, as far as
10practicable, to the subject matter of this Section to the same
11extent as if those provisions were included in this Section.
12The Department shall deposit all assessments and penalties
13collected under this Section into the Illinois
14Telecommunications Access Corporation Fund, a special fund
15created in the State treasury. On or before the 25th day of
16each calendar month, the Department shall prepare and certify
17to the Comptroller the amount available to the Commission for
18distribution out of the Illinois Telecommunications Access
19Corporation Fund. The amount certified shall be the amount (not
20including credit memoranda) collected during the second
21preceding calendar month by the Department, plus an amount the
22Department determines is necessary to offset any amounts which
23were erroneously paid to a different taxing body or fund. The
24amount paid to the Illinois Telecommunications Access
25Corporation Fund shall not include any amount equal to the
26amount of refunds made during the second preceding calendar

 

 

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1month by the Department to retailers under this Section or any
2amount that the Department determines is necessary to offset
3any amounts which were payable to a different taxing body or
4fund but were erroneously paid to the Illinois
5Telecommunications Access Corporation Fund. The Commission
6shall distribute all the funds to the Illinois
7Telecommunications Access Corporation and the funds may only be
8used in accordance with the provisions of this Section. The
9Department shall deduct 2% of all amounts deposited in the
10Illinois Telecommunications Access Corporation Fund during
11every year of remitted assessments. Of the 2% deducted by the
12Department, one-half shall be transferred into the Tax
13Compliance and Administration Fund to reimburse the Department
14for its direct costs of administering the collection and
15remittance of the assessment. The remaining one-half shall be
16transferred into the Public Utilities Fund to reimburse the
17Commission for its costs of distributing to the Illinois
18Telecommunications Access Corporation the amount certified by
19the Department for distribution. The amount to be charged or
20assessed under subsections (c) and (f) is not imposed on a
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 charge or assessment,
26and it must be collected by the seller according to subsection

 

 

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1(f).
2    Interconnected VoIP services shall not be considered an
3intrastate telecommunications service for the purposes of this
4Section in a manner inconsistent with federal law or Federal
5Communications Commission regulation.
6    (g) The provisions of this Section are severable under
7Section 1.31 of the Statute on Statutes.
8    (h) The Commission may adopt rules necessary to implement
9this Section.
10(Source: P.A. 96-927, eff. 6-15-10.)
 
11    (220 ILCS 5/13-1200)
12    (Section scheduled to be repealed on July 1, 2015)
13    Sec. 13-1200. Repealer. This Article is repealed July 1,
142017 2015.
15(Source: P.A. 98-45, eff. 6-28-13.)
 
16    (220 ILCS 5/21-401)
17    (Section scheduled to be repealed on July 1, 2015)
18    Sec. 21-401. Applications.
19    (a)(1) A person or entity seeking to provide cable service
20or video service pursuant to this Article shall not use the
21public rights-of-way for the installation or construction of
22facilities for the provision of cable service or video service
23or offer cable service or video service until it has obtained a
24State-issued authorization to offer or provide cable or video

 

 

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1service under this Section, except as provided for in item (2)
2of this subsection (a). All cable or video providers offering
3or providing service in this State shall have authorization
4pursuant to either (i) the Cable and Video Competition Law of
52007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the
6Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section
75-1095 of the Counties Code (55 ILCS 5/5-1095).
8    (2) Nothing in this Section shall prohibit a local unit of
9government from granting a permit to a person or entity for the
10use of the public rights-of-way to install or construct
11facilities to provide cable service or video service, at its
12sole discretion. No unit of local government shall be liable
13for denial or delay of a permit prior to the issuance of a
14State-issued authorization.
15    (b) The application to the Commission for State-issued
16authorization shall contain a completed affidavit submitted by
17the applicant and signed by an officer or general partner of
18the applicant affirming all of the following:
19        (1) That the applicant has filed or will timely file
20    with the Federal Communications Commission all forms
21    required by that agency in advance of offering cable
22    service or video service in this State.
23        (2) That the applicant agrees to comply with all
24    applicable federal and State statutes and regulations.
25        (3) That the applicant agrees to comply with all
26    applicable local unit of government regulations.

 

 

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

 

 

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1    and the names of the applicant's principal executive
2    officers who are responsible for communications concerning
3    the application and the services to be offered pursuant to
4    the application, the applicant's legal name, and any name
5    or names under which the applicant does or will provide
6    cable services or video services in this State.
7        (6) A certification that the applicant has
8    concurrently delivered a copy of the application to all
9    local units of government that include all or any part of
10    the service area identified in item (4) of this subsection
11    (b) within such local unit of government's jurisdictional
12    boundaries.
13        (7) The expected date that cable service or video
14    service will be initially offered in the area identified in
15    item (4) of this subsection (b). In the event that a holder
16    does not offer cable services or video services within 3
17    months after the expected date, it shall amend its
18    application and update the expected date service will be
19    offered and explain the delay in offering cable services or
20    video services.
21        (8) For any entity that received State-issued
22    authorization prior to this amendatory Act of the 98th
23    General Assembly as a cable operator and that intends to
24    proceed as a cable operator under this Article, the entity
25    shall file a written affidavit with the Commission and
26    shall serve a copy of the affidavit with any local units of

 

 

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1    government affected by the authorization within 30 days
2    after the effective date of this amendatory Act of the 98th
3    General Assembly stating that the holder will be providing
4    cable service under the State-issued authorization.
5    The application shall include adequate assurance that the
6applicant possesses the financial, managerial, legal, and
7technical qualifications necessary to construct and operate
8the proposed system, to promptly repair any damage to the
9public right-of-way caused by the applicant, and to pay the
10cost of removal of its facilities. To accomplish these
11requirements, the applicant may, at the time the applicant
12seeks to use the public rights-of-way in that jurisdiction, be
13required by the State of Illinois or later be required by the
14local unit of government, or both, to post a bond, produce a
15certificate of insurance, or otherwise demonstrate its
16financial responsibility.
17    The application shall include the applicant's general
18standards related to customer service required by Section
1922-501 of this Act, which shall include, but not be limited to,
20installation, disconnection, service and repair obligations;
21appointment hours; employee ID requirements; customer service
22telephone numbers and hours; procedures for billing, charges,
23deposits, refunds, and credits; procedures for termination of
24service; notice of deletion of programming service and changes
25related to transmission of programming or changes or increases
26in rates; use and availability of parental control or lock-out

 

 

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1devices; complaint procedures and procedures for bill dispute
2resolution and a description of the rights and remedies
3available to consumers if the holder does not materially meet
4their customer service standards; and special services for
5customers with visual, hearing, or mobility disabilities.
6    (c)(1) The applicant may designate information that it
7submits in its application or subsequent reports as
8confidential or proprietary, provided that the applicant
9states the reasons the confidential designation is necessary.
10The Commission shall provide adequate protection for such
11information pursuant to Section 4-404 of this Act. If the
12Commission, a local unit of government, or any other party
13seeks public disclosure of information designated as
14confidential, the Commission shall consider the confidential
15designation in a proceeding under the Illinois Administrative
16Procedure Act, and the burden of proof to demonstrate that the
17designated information is confidential shall be upon the
18applicant. Designated information shall remain confidential
19pending the Commission's determination of whether the
20information is entitled to confidential treatment. Information
21designated as confidential shall be provided to local units of
22government for purposes of assessing compliance with this
23Article as permitted under a Protective Order issued by the
24Commission pursuant to the Commission's rules and to the
25Attorney General pursuant to Section 6.5 of the Attorney
26General Act (15 ILCS 205/6.5). Information designated as

 

 

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

 

 

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1application and affidavit shall be considered complete and the
2service authorization issued upon the expiration of the 30th
3day.
4    (e) Any authorization issued by the Commission will expire
5on December 31, 2020 2015 and shall contain or include all of
6the following:
7        (1) A grant of authority, including an authorization
8    issued prior to this amendatory Act of the 98th General
9    Assembly, to provide cable service or video service in the
10    service area footprint as requested in the application,
11    subject to the provisions of this Article in existence on
12    the date the grant of authority was issued, and any
13    modifications to this Article enacted at any time prior to
14    the date in Section 21-1601 of this Act, and to the laws of
15    the State and the ordinances, rules, and regulations of the
16    local units of government.
17        (2) A grant of authority to use, occupy, and construct
18    facilities in the public rights-of-way for the delivery of
19    cable service or video service in the service area
20    footprint, subject to the laws, ordinances, rules, or
21    regulations of this State and local units of governments.
22        (3) A statement that the grant of authority is subject
23    to lawful operation of the cable service or video service
24    by the applicant, its affiliated entities, or its
25    successors-in-interest.
26    (e-5) (4) The Commission shall notify a local unit of

 

 

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

 

 

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1successor-in-interest, or the insolvency of the potential
2successor-in-interest. If a transfer is made when there are
3violations of this Article or of any federal, State, or local
4law, ordinance, rule, or regulation, the successor-in-interest
5shall be subject to 3 times the penalties provided for in this
6Article.
7    (g) The authorization issued pursuant to this Section
821-401 of this Article by the Commission may be terminated, or
9its cable service or video service area footprint may be
10modified, by the cable service provider or video service
11provider by submitting notice to the Commission and to the
12relevant local unit of government containing a description of
13the change on the same terms as the initial description
14pursuant to item (4) of subsection (b) of this Section. The
15Commission is not required or authorized to act upon that
16notice. It shall be a violation of this Article for a holder to
17discriminate against potential residential subscribers because
18of the race or income of the residents in the local area in
19which the group resides by terminating or modifying its cable
20service or video service area footprint. It shall be a
21violation of this Article for a holder to terminate or modify
22its cable service or video service area footprint if it leaves
23an area with no cable service or video service from any
24provider.
25    (h) The Commission's authority to administer this Article
26is limited to the powers and duties explicitly provided under

 

 

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1this Article. Its authority under this Article does not include
2or limit the powers and duties that the Commission has under
3the other Articles of this Act, the Illinois Administrative
4Procedure Act, or any other law or regulation to conduct
5proceedings, other than as provided in subsection (c), or has
6to promulgate rules or regulations. The Commission shall not
7have the authority to limit or expand the obligations and
8requirements provided in this Section or to regulate or control
9a person or entity to the extent that person or entity is
10providing cable service or video service, except as provided in
11this Article.
12(Source: P.A. 98-45, eff. 6-28-13; 98-756, eff. 7-16-14.)
 
13    (220 ILCS 5/21-801)
14    (Section scheduled to be repealed on July 1, 2015)
15    Sec. 21-801. Applicable fees payable to the local unit of
16government.
17    (a) Prior to offering cable service or video service in a
18local unit of government's jurisdiction, a holder shall notify
19the local unit of government. The notice shall be given to the
20local unit of government at least 10 days before the holder
21begins to offer cable service or video service within the
22boundaries of that local unit of government.
23    (b) In any local unit of government in which a holder
24offers cable service or video service on a commercial basis,
25the holder shall be liable for and pay the service provider fee

 

 

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1to the local unit of government. The local unit of government
2shall adopt an ordinance imposing such a fee. The holder's
3liability for the fee shall commence on the first day of the
4calendar month that is at least 30 days after the holder
5receives such ordinance. For any such ordinance adopted on or
6after the effective date of this amendatory Act of the 99th
7General Assembly, the holder's liability shall commence on the
8first day of the calendar month that is at least 30 days after
9the adoption of such ordinance. The ordinance shall be sent by
10mail, postage prepaid, to the address listed on the holder's
11application provided to the local unit of government pursuant
12to item (6) of subsection (b) of Section 21-401 of this Act.
13The fee authorized by this Section shall be 5% of gross
14revenues or the same as the fee paid to the local unit of
15government by any incumbent cable operator providing cable
16service. The payment of the service provider fee shall be due
17on a quarterly basis, 45 days after the close of the calendar
18quarter. If mailed, the fee is considered paid on the date it
19is postmarked. Except as provided in this Article, the local
20unit of government may not demand any additional fees or
21charges from the holder and may not demand the use of any other
22calculation method other than allowed under this Article.
23    (c) For purposes of this Article, "gross revenues" means
24all consideration of any kind or nature, including, without
25limitation, cash, credits, property, and in-kind contributions
26received by the holder for the operation of a cable or video

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1holder shall pay to the local unit of government or the entity
2designated by that local unit of government to manage public,
3education, and government access, upon request as support for
4public, education, and government access, a fee equal to no
5less than (i) 1% of gross revenues or (ii) if greater, the
6percentage of gross revenues that incumbent cable operators pay
7to the local unit of government or its designee for public,
8education, and government access support in the local unit of
9government's jurisdiction. For purposes of item (ii) of
10paragraph (1) of this subsection (d), the percentage of gross
11revenues that all incumbent cable operators pay shall be equal
12to the annual sum of the payments that incumbent cable
13operators in the service area are obligated to pay by
14franchises and agreements or by contracts with the local
15government designee for public, education and government
16access in effect on January 1, 2007, including the total of any
17lump sum payments required to be made over the term of each
18franchise or agreement divided by the number of years of the
19applicable term, divided by the annual sum of such incumbent
20cable operator's or operators' gross revenues during the
21immediately prior calendar year. The sum of payments includes
22any payments that an incumbent cable operator is required to
23pay pursuant to item (3) of subsection (c) of Section 21-301.
24    (2) A local unit of government may require all holders of a
25State-issued authorization and all cable operators franchised
26by that local unit of government on June 30, 2007 (the

 

 

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1effective date of this Section) in the franchise area to
2provide to the local unit of government, or to the entity
3designated by that local unit of government to manage public,
4education, and government access, information sufficient to
5calculate the public, education, and government access
6equivalent fee and any credits under paragraph (1) of this
7subsection (d).
8    (3) The fee shall be due on a quarterly basis and paid 45
9days after the close of the calendar quarter. Each payment
10shall include a statement explaining the basis for the
11calculation of the fee. If mailed, the fee is considered paid
12on the date it is postmarked. The liability of the holder for
13payment of the fee under this subsection shall commence on the
14same date as the payment of the service provider fee pursuant
15to subsection (b) of this Section.
16    (e) The holder may identify and collect the amount of the
17service provider fee as a separate line item on the regular
18bill of each subscriber.
19    (f) The holder may identify and collect the amount of the
20public, education, and government programming support fee as a
21separate line item on the regular bill of each subscriber.
22    (g) All determinations and computations under this Section
23shall be made pursuant to the definition of gross revenues set
24forth in this Section and shall be made pursuant to generally
25accepted accounting principles.
26    (h) Nothing contained in this Article shall be construed to

 

 

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1exempt a holder from any tax that is or may later be imposed by
2the local unit of government, including any tax that is or may
3later be required to be paid by or through the holder with
4respect to cable service or video service. A State-issued
5authorization shall not affect any requirement of the holder
6with respect to payment of the local unit of government's
7simplified municipal telecommunications tax or any other tax as
8it applies to any telephone service provided by the holder. A
9State-issued authorization shall not affect any requirement of
10the holder with respect to payment of the local unit of
11government's 911 or E911 fees, taxes, or charges.
12    (i) Except for a municipality having a population of
132,000,000 or more, the fee imposed under paragraph (1) of
14subsection (d) by a local unit of government against a holder
15who is a cable operator shall be as follows:
16        (1) the fee shall be collected and paid only for
17    capital costs that are considered lawful under Subchapter
18    VI of the federal Communications Act of 1934, as amended,
19    and as implemented by the Federal Communications
20    Commission;
21        (2) the local unit of government shall impose any fee
22    by ordinance; and
23        (3) the fee may not exceed 1% of gross revenue; if,
24    however, on the date that an incumbent cable operator files
25    an application under Section 21-401, the incumbent cable
26    operator is operating under a franchise agreement that

 

 

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1    imposes a fee for support for capital costs for public,
2    education, and government access facilities obligations in
3    excess of 1% of gross revenue, then the cable operator
4    shall continue to provide support for capital costs for
5    public, education, and government access facilities
6    obligations at the rate stated in such agreement.
7(Source: P.A. 98-45, eff. 6-28-13.)
 
8    (220 ILCS 5/21-901)
9    (Section scheduled to be repealed on July 1, 2015)
10    Sec. 21-901. Audits.
11    (a) A holder that has received State-issued authorization
12under this Article is subject to an audit of its service
13provider fees derived from the provision of cable or video
14services to subscribers within any part of the local unit of
15government which is located in the holder's service territory.
16Any such audit shall be conducted by the local unit of
17government or its agent for the sole purpose of determining any
18overpayment or underpayment of the holder's service provider
19fee to the local unit of government. Upon receiving notice
20under item (4) of subsection (e) of Section 21-401 of this Act
21that a holder has received State-issued authorization under
22this Article, a local unit of government shall notify the
23holder of the requirements it imposes on other cable service or
24video service providers in its jurisdiction to submit to an
25audit of its books and records. The holder shall comply with

 

 

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1the same requirements the local unit of government imposes on
2other cable service or video service providers in its
3jurisdiction to audit the holder's books and records and to
4recompute any amounts determined to be payable under the
5requirements of the local unit of government. If all local
6franchises between the local unit of government and a cable
7operator terminate, the audit requirements shall be those
8adopted by the local government pursuant to the Local
9Government Taxpayers' Bill of Rights Act. No acceptance of
10amounts remitted should be construed as an accord that the
11amounts are correct.
12    (b) Beginning on or after the effective date of this
13amendatory Act of the 99th General Assembly, any audit
14conducted pursuant to this Section by a local government shall
15be governed by Section 11-42-11.05 of the Illinois Municipal
16Code or Section 5-1095.1 of the Counties Code. Any additional
17amount due after an audit shall be paid within 30 days after
18the local unit of government's submission of an invoice for the
19sum.
20(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
 
21    (220 ILCS 5/21-1001)
22    (Section scheduled to be repealed on July 1, 2015)
23    Sec. 21-1001. Local unit of government authority.
24    (a) The holder of a State-issued authorization shall comply
25with all the applicable construction and technical standards

 

 

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1and right-of-way occupancy standards set forth in a local unit
2of government's code of ordinances relating to the use of
3public rights-of-way, pole attachments, permit obligations,
4indemnification, performance bonds, penalties, or liquidated
5damages. The applicable requirements for a holder that is using
6its existing telecommunications network or constructing a
7telecommunications network shall be the same requirements that
8the local unit of government imposes on telecommunications
9providers in its jurisdiction. The applicable requirements for
10a holder that is using or constructing a cable system shall be
11the same requirements the local unit of government imposes on
12other cable operators in its jurisdiction.
13    (b) A local unit of government shall allow the holder to
14install, construct, operate, maintain, and remove a cable
15service, video service, or telecommunications network within a
16public right-of-way and shall provide the holder with open,
17comparable, nondiscriminatory, and competitively neutral
18access to the public right-of-way on the same terms applicable
19to other cable service or video service providers or cable
20operators in its jurisdiction. Notwithstanding any other
21provisions of law, if a local unit of government is permitted
22by law to require the holder of a State authorization to seek a
23permit to install, construct, operate, maintain, or remove its
24cable service, video service, or telecommunications network
25within a public right-of-way, those permits shall be deemed
26granted within 45 days after being submitted, if not otherwise

 

 

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1acted upon by the local unit of government, provided the holder
2complies with the requirements applicable to the holder in its
3jurisdiction.
4    (c) A local unit of government may impose reasonable terms,
5but it may not discriminate against the holder with respect to
6any of the following:
7        (1) The authorization or placement of a cable service,
8    video service, or telecommunications network or equipment
9    in public rights-of-way.
10        (2) Access to a building.
11        (3) A local unit of government utility pole attachment.
12    (d) If a local unit of government imposes a permit fee on
13incumbent cable operators, it may impose a permit fee on the
14holder only to the extent it imposes such a fee on incumbent
15cable operators. In all other cases, these fees may not exceed
16the actual, direct costs incurred by the local unit of
17government for issuing the relevant permit. In no event may a
18fee under this Section be levied if the holder already has paid
19a permit fee of any kind in connection with the same activity
20that would otherwise be covered by the permit fee under this
21Section provided no additional equipment, work, function, or
22other burden is added to the existing activity for which the
23permit was issued.
24    (e) Nothing in this Article shall affect the rights that
25any holder has under Section 4 of the Telephone Line Right of
26Way Act (220 ILCS 65/4).

 

 

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1    (f) In addition to the other requirements in this Section,
2if the holder installs, upgrades, constructs, operates,
3maintains, and removes facilities or equipment within a public
4right-of-way to provide cable service or video service, it
5shall comply with the following:
6        (1) The holder must locate its equipment in the
7    right-of-way as to cause only minimum interference with the
8    use of streets, alleys, and other public ways and places,
9    and to cause only minimum impact upon and interference with
10    the rights and reasonable convenience of property owners
11    who adjoin any of the said streets, alleys, or other public
12    ways. No fixtures shall be placed in any public ways in
13    such a manner to interfere with the usual travel on such
14    public ways, nor shall such fixtures or equipment limit the
15    visibility of vehicular or pedestrian traffic, or both.
16        (2) The holder shall comply with a local unit of
17    government's reasonable requests to place equipment on
18    public property where possible and promptly comply with
19    local unit of government direction with respect to the
20    location and screening of equipment and facilities. In
21    constructing or upgrading its cable or video network in the
22    right-of-way, the holder shall use the smallest suitable
23    equipment enclosures and power pedestals and cabinets then
24    in use by the holder for the application.
25        (3) The holder's construction practices shall be in
26    accordance with all applicable Sections of the

 

 

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1    Occupational Safety and Health Act of 1970, as amended, as
2    well as all applicable State laws, including the Civil
3    Administrative Code of Illinois, and local codes, where
4    applicable, as adopted by the local unit of government. All
5    installation of electronic equipment shall be of a
6    permanent nature, durable, and, where applicable,
7    installed in accordance with the provisions of the National
8    Electrical Safety Code of the National Bureau of Standards
9    and National Electrical Code of the National Board of Fire
10    Underwriters.
11        (4) The holder shall not interfere with the local unit
12    of government's performance of public works. Nothing in the
13    State-issued authorization shall be in preference or
14    hindrance to the right of the local unit of government to
15    perform or carry on any public works or public improvements
16    of any kind. The holder expressly agrees that it shall, at
17    its own expense, protect, support, temporarily disconnect,
18    relocate in the same street or other public place, or
19    remove from such street or other public place any of the
20    network, system, facilities, or equipment when required to
21    do so by the local unit of government because of necessary
22    public health, safety, and welfare improvements. In the
23    event a holder and other users of a public right-of-way,
24    including incumbent cable operators or utilities, are
25    required to relocate and compensation is paid to the users
26    of such public right-of-way, such parties shall be treated

 

 

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1    equally with respect to such compensation.
2        (5) The holder shall comply with all local units of
3    government inspection requirements. The making of
4    post-construction, subsequent or periodic inspections, or
5    both, or the failure to do so shall not operate to relieve
6    the holder of any responsibility, obligation, or
7    liability.
8        (6) The holder shall maintain insurance or provide
9    evidence of self insurance as required by an applicable
10    ordinance of the local unit of government.
11        (7) The holder shall reimburse all reasonable
12    make-ready expenses, including aerial and underground
13    installation expenses requested by the holder to the local
14    unit of government within 30 days of billing to the holder,
15    provided that such charges shall be at the same rates as
16    charges to others for the same or similar services.
17        (8) The holder shall indemnify and hold harmless the
18    local unit of government and all boards, officers,
19    employees, and representatives thereof from all claims,
20    demands, causes of action, liability, judgments, costs and
21    expenses, or losses for injury or death to persons or
22    damage to property owned by, and Worker's Compensation
23    claims against any parties indemnified herein, arising out
24    of, caused by, or as a result of the holder's construction,
25    lines, cable, erection, maintenance, use or presence of, or
26    removal of any poles, wires, conduit, appurtenances

 

 

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1    thereto, or equipment or attachments thereto. The holder,
2    however, shall not indemnify the local unit of government
3    for any liabilities, damages, cost, and expense resulting
4    from the willful misconduct, or negligence of the local
5    unit of government, its officers, employees, and agents.
6    The obligations imposed pursuant to this Section by a local
7    unit of government shall be competitively neutral.
8        (9) The holder, upon request, shall provide the local
9    unit of government with information describing the
10    location of the cable service or video service facilities
11    and equipment located in the unit of local government's
12    rights-of-way pursuant to its State-issued authorization.
13    If designated by the holder as confidential, such
14    information provided pursuant to this subsection shall be
15    exempt from inspection and copying under the Illinois
16    Freedom of Information Act pursuant to the exemption
17    provided for under provision (mm) of item (1) of Section 7
18    of the Freedom of Information Act and any other present or
19    future exemptions applicable to such information and shall
20    not be disclosed by the unit of local government to any
21    third party without the written consent of the holder.
22(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
 
23    (220 ILCS 5/21-1601)
24    Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of
25this Article are repealed July 1, 2017 2015.

 

 

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1(Source: P.A. 98-45, eff. 6-28-13.)
 
2
ARTICLE II

 
3    Section 2-1. The Department of Central Management Services
4Law of the Civil Administrative Code of Illinois is amended by
5changing Section 405-270 as follows:
 
6    (20 ILCS 405/405-270)  (was 20 ILCS 405/67.18)
7    Sec. 405-270. Communications services. To provide for and
8co-ordinate communications services for State agencies and,
9when requested and when in the best interests of the State, for
10units of federal or local governments and public and
11not-for-profit institutions of primary, secondary, and higher
12education. The Department may make use of its satellite uplink
13available to interested parties not associated with State
14government provided that State government usage shall have
15first priority. For this purpose the Department shall have the
16power and duty to do all of the following:
17        (1) Provide for and control the procurement,
18    retention, installation, and maintenance of communications
19    equipment or services used by State agencies in the
20    interest of efficiency and economy.
21        (2) Establish standards by January 1, 1989 for
22    communications services for State agencies which shall
23    include a minimum of one telecommunication device for the

 

 

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1    deaf installed and operational within each State agency, to
2    provide public access to agency information for those
3    persons who are hearing or speech impaired. The Department
4    shall consult the Department of Human Services to develop
5    standards and implementation for this equipment.
6        (3) Establish charges (i) for communication services
7    for State agencies and, when requested, for units of
8    federal or local government and public and not-for-profit
9    institutions of primary, secondary, or higher education
10    and (ii) for use of the Department's satellite uplink by
11    parties not associated with State government. Entities
12    charged for these services shall reimburse the Department.
13        (4) Instruct all State agencies to report their usage
14    of communication services regularly to the Department in
15    the manner the Director may prescribe.
16        (5) Analyze the present and future aims and needs of
17    all State agencies in the area of communications services
18    and plan to serve those aims and needs in the most
19    effective and efficient manner.
20        (6) Provide services, including, but not limited to,
21    telecommunications, video recording, satellite uplink,
22    public information, and other communications services.
23        (7) Establish the administrative organization within
24    the Department that is required to accomplish the purpose
25    of this Section.
26    The Department is authorized to conduct a study for the

 

 

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1purpose of determining technical, engineering, and management
2specifications for the networking, compatible connection, or
3shared use of existing and future public and private owned
4television broadcast and reception facilities, including but
5not limited to terrestrial microwave, fiber optic, and
6satellite, for broadcast and reception of educational,
7governmental, and business programs, and to implement those
8specifications.
9    However, the Department may not control or interfere with
10the input of content into the telecommunications systems by the
11several State agencies or units of federal or local government,
12or public or not-for-profit institutions of primary,
13secondary, and higher education, or users of the Department's
14satellite uplink.
15    As used in this Section, the term "State agencies" means
16all departments, officers, commissions, boards, institutions,
17and bodies politic and corporate of the State except (i) the
18judicial branch, including, without limitation, the several
19courts of the State, the offices of the clerk of the supreme
20court and the clerks of the appellate court, and the
21Administrative Office of the Illinois Courts and (ii) the
22General Assembly, legislative service agencies, and all
23officers of the General Assembly.
24    This Section does not apply to the procurement of Next
25Generation 9-1-1 service as governed by Section 15.6b of the
26Emergency Telephone System Act.

 

 

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1(Source: P.A. 94-91, eff. 7-1-05; 94-295, eff. 7-21-05; 95-331,
2eff. 8-21-07.)
 
3    Section 2-3. The Illinois Administrative Procedure Act is
4amended by changing Section 5-45 as follows:
 
5    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
6    Sec. 5-45. Emergency rulemaking.
7    (a) "Emergency" means the existence of any situation that
8any agency finds reasonably constitutes a threat to the public
9interest, safety, or welfare.
10    (b) If any agency finds that an emergency exists that
11requires adoption of a rule upon fewer days than is required by
12Section 5-40 and states in writing its reasons for that
13finding, the agency may adopt an emergency rule without prior
14notice or hearing upon filing a notice of emergency rulemaking
15with the Secretary of State under Section 5-70. The notice
16shall include the text of the emergency rule and shall be
17published in the Illinois Register. Consent orders or other
18court orders adopting settlements negotiated by an agency may
19be adopted under this Section. Subject to applicable
20constitutional or statutory provisions, an emergency rule
21becomes effective immediately upon filing under Section 5-65 or
22at a stated date less than 10 days thereafter. The agency's
23finding and a statement of the specific reasons for the finding
24shall be filed with the rule. The agency shall take reasonable

 

 

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1and appropriate measures to make emergency rules known to the
2persons who may be affected by them.
3    (c) An emergency rule may be effective for a period of not
4longer than 150 days, but the agency's authority to adopt an
5identical rule under Section 5-40 is not precluded. No
6emergency rule may be adopted more than once in any 24 month
7period, except that this limitation on the number of emergency
8rules that may be adopted in a 24 month period does not apply
9to (i) emergency rules that make additions to and deletions
10from the Drug Manual under Section 5-5.16 of the Illinois
11Public Aid Code or the generic drug formulary under Section
123.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
13emergency rules adopted by the Pollution Control Board before
14July 1, 1997 to implement portions of the Livestock Management
15Facilities Act, (iii) emergency rules adopted by the Illinois
16Department of Public Health under subsections (a) through (i)
17of Section 2 of the Department of Public Health Act when
18necessary to protect the public's health, (iv) emergency rules
19adopted pursuant to subsection (n) of this Section, (v)
20emergency rules adopted pursuant to subsection (o) of this
21Section, or (vi) emergency rules adopted pursuant to subsection
22(c-5) of this Section. Two or more emergency rules having
23substantially the same purpose and effect shall be deemed to be
24a single rule for purposes of this Section.
25    (c-5) To facilitate the maintenance of the program of group
26health benefits provided to annuitants, survivors, and retired

 

 

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1employees under the State Employees Group Insurance Act of
21971, rules to alter the contributions to be paid by the State,
3annuitants, survivors, retired employees, or any combination
4of those entities, for that program of group health benefits,
5shall be adopted as emergency rules. The adoption of those
6rules shall be considered an emergency and necessary for the
7public interest, safety, and welfare.
8    (d) In order to provide for the expeditious and timely
9implementation of the State's fiscal year 1999 budget,
10emergency rules to implement any provision of Public Act 90-587
11or 90-588 or any other budget initiative for fiscal year 1999
12may be adopted in accordance with this Section by the agency
13charged with administering that provision or initiative,
14except that the 24-month limitation on the adoption of
15emergency rules and the provisions of Sections 5-115 and 5-125
16do not apply to rules adopted under this subsection (d). The
17adoption of emergency rules authorized by this subsection (d)
18shall be deemed to be necessary for the public interest,
19safety, and welfare.
20    (e) In order to provide for the expeditious and timely
21implementation of the State's fiscal year 2000 budget,
22emergency rules to implement any provision of this amendatory
23Act of the 91st General Assembly or any other budget initiative
24for fiscal year 2000 may be adopted in accordance with this
25Section by the agency charged with administering that provision
26or initiative, except that the 24-month limitation on the

 

 

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1adoption of emergency rules and the provisions of Sections
25-115 and 5-125 do not apply to rules adopted under this
3subsection (e). The adoption of emergency rules authorized by
4this subsection (e) shall be deemed to be necessary for the
5public interest, safety, and welfare.
6    (f) In order to provide for the expeditious and timely
7implementation of the State's fiscal year 2001 budget,
8emergency rules to implement any provision of this amendatory
9Act of the 91st General Assembly or any other budget initiative
10for fiscal year 2001 may be adopted in accordance with this
11Section by the agency charged with administering that provision
12or initiative, except that the 24-month limitation on the
13adoption of emergency rules and the provisions of Sections
145-115 and 5-125 do not apply to rules adopted under this
15subsection (f). The adoption of emergency rules authorized by
16this subsection (f) shall be deemed to be necessary for the
17public interest, safety, and welfare.
18    (g) In order to provide for the expeditious and timely
19implementation of the State's fiscal year 2002 budget,
20emergency rules to implement any provision of this amendatory
21Act of the 92nd General Assembly or any other budget initiative
22for fiscal year 2002 may be adopted in accordance with this
23Section by the agency charged with administering that provision
24or initiative, except that the 24-month limitation on the
25adoption of emergency rules and the provisions of Sections
265-115 and 5-125 do not apply to rules adopted under this

 

 

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1subsection (g). The adoption of emergency rules authorized by
2this subsection (g) shall be deemed to be necessary for the
3public interest, safety, and welfare.
4    (h) In order to provide for the expeditious and timely
5implementation of the State's fiscal year 2003 budget,
6emergency rules to implement any provision of this amendatory
7Act of the 92nd General Assembly or any other budget initiative
8for fiscal year 2003 may be adopted in accordance with this
9Section by the agency charged with administering that provision
10or initiative, except that the 24-month limitation on the
11adoption of emergency rules and the provisions of Sections
125-115 and 5-125 do not apply to rules adopted under this
13subsection (h). The adoption of emergency rules authorized by
14this subsection (h) shall be deemed to be necessary for the
15public interest, safety, and welfare.
16    (i) In order to provide for the expeditious and timely
17implementation of the State's fiscal year 2004 budget,
18emergency rules to implement any provision of this amendatory
19Act of the 93rd General Assembly or any other budget initiative
20for fiscal year 2004 may be adopted in accordance with this
21Section by the agency charged with administering that provision
22or initiative, except that the 24-month limitation on the
23adoption of emergency rules and the provisions of Sections
245-115 and 5-125 do not apply to rules adopted under this
25subsection (i). The adoption of emergency rules authorized by
26this subsection (i) shall be deemed to be necessary for the

 

 

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1public interest, safety, and welfare.
2    (j) In order to provide for the expeditious and timely
3implementation of the provisions of the State's fiscal year
42005 budget as provided under the Fiscal Year 2005 Budget
5Implementation (Human Services) Act, emergency rules to
6implement any provision of the Fiscal Year 2005 Budget
7Implementation (Human Services) Act may be adopted in
8accordance with this Section by the agency charged with
9administering that provision, except that the 24-month
10limitation on the adoption of emergency rules and the
11provisions of Sections 5-115 and 5-125 do not apply to rules
12adopted under this subsection (j). The Department of Public Aid
13may also adopt rules under this subsection (j) necessary to
14administer the Illinois Public Aid Code and the Children's
15Health Insurance Program Act. The adoption of emergency rules
16authorized by this subsection (j) shall be deemed to be
17necessary for the public interest, safety, and welfare.
18    (k) In order to provide for the expeditious and timely
19implementation of the provisions of the State's fiscal year
202006 budget, emergency rules to implement any provision of this
21amendatory Act of the 94th General Assembly or any other budget
22initiative for fiscal year 2006 may be adopted in accordance
23with this Section by the agency charged with administering that
24provision or initiative, except that the 24-month limitation on
25the adoption of emergency rules and the provisions of Sections
265-115 and 5-125 do not apply to rules adopted under this

 

 

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1subsection (k). The Department of Healthcare and Family
2Services may also adopt rules under this subsection (k)
3necessary to administer the Illinois Public Aid Code, the
4Senior Citizens and Disabled Persons Property Tax Relief Act,
5the Senior Citizens and Disabled Persons Prescription Drug
6Discount Program Act (now the Illinois Prescription Drug
7Discount Program Act), and the Children's Health Insurance
8Program Act. The adoption of emergency rules authorized by this
9subsection (k) shall be deemed to be necessary for the public
10interest, safety, and welfare.
11    (l) In order to provide for the expeditious and timely
12implementation of the provisions of the State's fiscal year
132007 budget, the Department of Healthcare and Family Services
14may adopt emergency rules during fiscal year 2007, including
15rules effective July 1, 2007, in accordance with this
16subsection to the extent necessary to administer the
17Department's responsibilities with respect to amendments to
18the State plans and Illinois waivers approved by the federal
19Centers for Medicare and Medicaid Services necessitated by the
20requirements of Title XIX and Title XXI of the federal Social
21Security Act. The adoption of emergency rules authorized by
22this subsection (l) shall be deemed to be necessary for the
23public interest, safety, and welfare.
24    (m) In order to provide for the expeditious and timely
25implementation of the provisions of the State's fiscal year
262008 budget, the Department of Healthcare and Family Services

 

 

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1may adopt emergency rules during fiscal year 2008, including
2rules effective July 1, 2008, in accordance with this
3subsection to the extent necessary to administer the
4Department's responsibilities with respect to amendments to
5the State plans and Illinois waivers approved by the federal
6Centers for Medicare and Medicaid Services necessitated by the
7requirements of Title XIX and Title XXI of the federal Social
8Security Act. The adoption of emergency rules authorized by
9this subsection (m) shall be deemed to be necessary for the
10public interest, safety, and welfare.
11    (n) In order to provide for the expeditious and timely
12implementation of the provisions of the State's fiscal year
132010 budget, emergency rules to implement any provision of this
14amendatory Act of the 96th General Assembly or any other budget
15initiative authorized by the 96th General Assembly for fiscal
16year 2010 may be adopted in accordance with this Section by the
17agency charged with administering that provision or
18initiative. The adoption of emergency rules authorized by this
19subsection (n) shall be deemed to be necessary for the public
20interest, safety, and welfare. The rulemaking authority
21granted in this subsection (n) shall apply only to rules
22promulgated during Fiscal Year 2010.
23    (o) In order to provide for the expeditious and timely
24implementation of the provisions of the State's fiscal year
252011 budget, emergency rules to implement any provision of this
26amendatory Act of the 96th General Assembly or any other budget

 

 

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1initiative authorized by the 96th General Assembly for fiscal
2year 2011 may be adopted in accordance with this Section by the
3agency charged with administering that provision or
4initiative. The adoption of emergency rules authorized by this
5subsection (o) is deemed to be necessary for the public
6interest, safety, and welfare. The rulemaking authority
7granted in this subsection (o) applies only to rules
8promulgated on or after the effective date of this amendatory
9Act of the 96th General Assembly through June 30, 2011.
10    (p) In order to provide for the expeditious and timely
11implementation of the provisions of Public Act 97-689,
12emergency rules to implement any provision of Public Act 97-689
13may be adopted in accordance with this subsection (p) by the
14agency charged with administering that provision or
15initiative. The 150-day limitation of the effective period of
16emergency rules does not apply to rules adopted under this
17subsection (p), and the effective period may continue through
18June 30, 2013. The 24-month limitation on the adoption of
19emergency rules does not apply to rules adopted under this
20subsection (p). The adoption of emergency rules authorized by
21this subsection (p) is deemed to be necessary for the public
22interest, safety, and welfare.
23    (q) In order to provide for the expeditious and timely
24implementation of the provisions of Articles 7, 8, 9, 11, and
2512 of this amendatory Act of the 98th General Assembly,
26emergency rules to implement any provision of Articles 7, 8, 9,

 

 

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111, and 12 of this amendatory Act of the 98th General Assembly
2may be adopted in accordance with this subsection (q) by the
3agency charged with administering that provision or
4initiative. The 24-month limitation on the adoption of
5emergency rules does not apply to rules adopted under this
6subsection (q). The adoption of emergency rules authorized by
7this subsection (q) is deemed to be necessary for the public
8interest, safety, and welfare.
9    (r) In order to provide for the expeditious and timely
10implementation of the provisions of this amendatory Act of the
1198th General Assembly, emergency rules to implement this
12amendatory Act of the 98th General Assembly may be adopted in
13accordance with this subsection (r) by the Department of
14Healthcare and Family Services. The 24-month limitation on the
15adoption of emergency rules does not apply to rules adopted
16under this subsection (r). The adoption of emergency rules
17authorized by this subsection (r) is deemed to be necessary for
18the public interest, safety, and welfare.
19    (s) In order to provide for the expeditious and timely
20implementation of the provisions of Sections 5-5b.1 and 5A-2 of
21the Illinois Public Aid Code, emergency rules to implement any
22provision of Section 5-5b.1 or Section 5A-2 of the Illinois
23Public Aid Code may be adopted in accordance with this
24subsection (s) by the Department of Healthcare and Family
25Services. The rulemaking authority granted in this subsection
26(s) shall apply only to those rules adopted prior to July 1,

 

 

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12015. Notwithstanding any other provision of this Section, any
2emergency rule adopted under this subsection (s) shall only
3apply to payments made for State fiscal year 2015. The adoption
4of emergency rules authorized by this subsection (s) is deemed
5to be necessary for the public interest, safety, and welfare.
6    (t) In order to provide for the expeditious and timely
7implementation of the provisions of Article II of this
8amendatory Act of the 99th General Assembly, emergency rules to
9implement the changes made by Article II of this amendatory Act
10of the 99th General Assembly to the Emergency Telephone System
11Act may be adopted in accordance with this subsection (t) by
12the Department of State Police. The rulemaking authority
13granted in this subsection (t) shall apply only to those rules
14adopted prior to July 1, 2016. The 24-month limitation on the
15adoption of emergency rules does not apply to rules adopted
16under this subsection (t). The adoption of emergency rules
17authorized by this subsection (t) is deemed to be necessary for
18the public interest, safety, and welfare.
19(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
2098-651, eff. 6-16-14; 99-2, eff. 3-26-15.)
 
21    Section 2-5. The State Finance Act is amended by changing
22Section 5.529 as follows:
 
23    (30 ILCS 105/5.529)
24    Sec. 5.529. The Statewide 9-1-1 Wireless Service Emergency

 

 

SB0096 Enrolled- 119 -LRB099 04130 HAF 24150 b

1Fund.
2(Source: P.A. 91-660, eff. 12-22-99; 92-16, eff. 6-28-01.)
 
3    Section 2-10. The Emergency Telephone System Act is amended
4by changing Sections 2, 3, 4, 6, 6.1, 7, 8, 10, 10.2, 11, 12,
515, 15.1, 15.4, 15.5, 15.6, 15.7, and 15.8 and by adding
6Sections 15.2c, 15.3a, 15.4a, 15.4b, 15.6a, 15.6b, 20, 30, 35,
740, 45, 50, 55, and 60 as follows:
 
8    (50 ILCS 750/2)  (from Ch. 134, par. 32)
9    Sec. 2. Definitions. As used in this Act, unless the
10context otherwise requires:
11    "9-1-1 system" means the geographic area that has been
12granted an order of authority by the Commission or the
13Statewide 9-1-1 Administrator to use "9-1-1" as the primary
14emergency telephone number.
15    "9-1-1 Authority" includes an Emergency Telephone System
16Board, Joint Emergency Telephone System Board, and a qualified
17governmental entity. "9-1-1 Authority" includes the Department
18of State Police only to the extent it provides 9-1-1 services
19under this Act.
20    "Administrator" means the Statewide 9-1-1 Administrator.
21    "Advanced service" means any telecommunications service
22with dynamic bandwidth allocation, including, but not limited
23to, ISDN Primary Rate Interface (PRI), that, through the use of
24a DS-1, T-1, or similar un-channelized or multi-channel

 

 

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1transmission facility, is capable of transporting either the
2subscriber's inter-premises voice telecommunications services
3to the public switched network or the subscriber's 9-1-1 calls
4to the public agency.
5    "ALI" or "automatic location identification" means, in an
6E9-1-1 system, the automatic display at the public safety
7answering point of the caller's telephone number, the address
8or location of the telephone, and supplementary emergency
9services information.
10    "ANI" or "automatic number identification" means the
11automatic display of the 9-1-1 calling party's number on the
12PSAP monitor.
13    "Automatic alarm" and "automatic alerting device" mean any
14device that will access the 9-1-1 system for emergency services
15upon activation.
16    "Board" means an Emergency Telephone System Board or a
17Joint Emergency Telephone System Board created pursuant to
18Section 15.4.
19    "Carrier" includes a telecommunications carrier and a
20wireless carrier.
21    "Commission" means the Illinois Commerce Commission.
22    "Computer aided dispatch" or "CAD" means a database
23maintained by the public safety agency or public safety
24answering point used in conjunction with 9-1-1 caller data.
25    "Direct dispatch method" means a 9-1-1 service that
26provides for the direct dispatch by a PSAP telecommunicator of

 

 

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1the appropriate unit upon receipt of an emergency call and the
2decision as to the proper action to be taken.
3    "Department" means the Department of State Police.
4    "DS-1, T-1, or similar un-channelized or multi-channel
5transmission facility" means a facility that can transmit and
6receive a bit rate of at least 1.544 megabits per second
7(Mbps).
8    "Dynamic bandwidth allocation" means the ability of the
9facility or customer to drop and add channels, or adjust
10bandwidth, when needed in real time for voice or data purposes.
11    "Enhanced 9-1-1" or "E9-1-1" means an emergency telephone
12system that includes dedicated network, selective routing,
13database, ALI, ANI, selective transfer, fixed transfer, and a
14call back number.
15    "ETSB" means an emergency telephone system board appointed
16by the corporate authorities of any county or municipality that
17provides for the management and operation of a 9-1-1 system.
18    "Hearing-impaired individual" means a person with a
19permanent hearing loss who can regularly and routinely
20communicate by telephone only through the aid of devices which
21can send and receive written messages over the telephone
22network.
23    "Hosted supplemental 9-1-1 service" means a database
24service that:
25        (1) electronically provides information to 9-1-1 call
26    takers when a call is placed to 9-1-1;

 

 

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1        (2) allows telephone subscribers to provide
2    information to 9-1-1 to be used in emergency scenarios;
3        (3) collects a variety of formatted data relevant to
4    9-1-1 and first responder needs, which may include, but is
5    not limited to, photographs of the telephone subscribers,
6    physical descriptions, medical information, household
7    data, and emergency contacts;
8        (4) allows for information to be entered by telephone
9    subscribers through a secure website where they can elect
10    to provide as little or as much information as they choose;
11        (5) automatically displays data provided by telephone
12    subscribers to 9-1-1 call takers for all types of
13    telephones when a call is placed to 9-1-1 from a registered
14    and confirmed phone number;
15        (6) supports the delivery of telephone subscriber
16    information through a secure internet connection to all
17    emergency telephone system boards;
18        (7) works across all 9-1-1 call taking equipment and
19    allows for the easy transfer of information into a computer
20    aided dispatch system; and
21        (8) may be used to collect information pursuant to an
22    Illinois Premise Alert Program as defined in the Illinois
23    Premise Alert Program (PAP) Act.
24    "Interconnected voice over Internet protocol provider" or
25"Interconnected VoIP provider" has the meaning given to that
26term under Section 13-235 of the Public Utilities Act.

 

 

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1    "Joint ETSB" means a Joint Emergency Telephone System Board
2established by intergovernmental agreement of two or more
3municipalities or counties, or a combination thereof, to
4provide for the management and operation of a 9-1-1 system.
5    "Local public agency" means any unit of local government or
6special purpose district located in whole or in part within
7this State that provides or has authority to provide
8firefighting, police, ambulance, medical, or other emergency
9services.
10    "Mechanical dialer" means any device that either manually
11or remotely triggers a dialing device to access the 9-1-1
12system.
13    "Master Street Address Guide" means the computerized
14geographical database that consists of all street and address
15data within a 9-1-1 system.
16    "Mobile telephone number" or "MTN" means the telephone
17number assigned to a wireless telephone at the time of initial
18activation.
19    "Network connections" means the number of voice grade
20communications channels directly between a subscriber and a
21telecommunications carrier's public switched network, without
22the intervention of any other telecommunications carrier's
23switched network, which would be required to carry the
24subscriber's inter-premises traffic and which connection
25either (1) is capable of providing access through the public
26switched network to a 9-1-1 Emergency Telephone System, if one

 

 

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1exists, or (2) if no system exists at the time a surcharge is
2imposed under Section 15.3, that would be capable of providing
3access through the public switched network to the local 9-1-1
4Emergency Telephone System if one existed. Where multiple voice
5grade communications channels are connected to a
6telecommunications carrier's public switched network through a
7private branch exchange (PBX) service, there shall be
8determined to be one network connection for each trunk line
9capable of transporting either the subscriber's inter-premises
10traffic to the public switched network or the subscriber's
119-1-1 calls to the public agency. Where multiple voice grade
12communications channels are connected to a telecommunications
13carrier's public switched network through centrex type
14service, the number of network connections shall be equal to
15the number of PBX trunk equivalents for the subscriber's
16service, as determined by reference to any generally applicable
17exchange access service tariff filed by the subscriber's
18telecommunications carrier with the Commission.
19    "Network costs" means those recurring costs that directly
20relate to the operation of the 9-1-1 network as determined by
21the Statewide 9-1-1 Advisory Board, including, but not limited
22to, costs for interoffice trunks, selective routing charges,
23transfer lines and toll charges for 9-1-1 services, Automatic
24Location Information (ALI) database charges, call box trunk
25circuit (including central office only and not including
26extensions to fire stations), independent local exchange

 

 

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1carrier charges and non-system provider charges, carrier
2charges for third party database for on-site customer premises
3equipment, back-up PSAP trunks for non-system providers,
4periodic database updates as provided by carrier (also known as
5"ALI data dump"), regional ALI storage charges, circuits for
6call delivery (fiber or circuit connection), NG9-1-1 costs, and
7all associated fees, taxes, and surcharges on each invoice.
8"Network costs" shall not include radio circuits or toll
9charges that are other than for 9-1-1 services.
10    "Next generation 9-1-1" or "NG9-1-1" means an Internet
11Protocol-based (IP-based) system comprised of managed ESInets,
12functional elements and applications, and databases that
13replicate traditional E9-1-1 features and functions and
14provide additional capabilities. "NG9-1-1" systems are
15designed to provide access to emergency services from all
16connected communications sources, and provide multimedia data
17capabilities for PSAPs and other emergency services
18organizations.
19    "NG9-1-1 costs" means those recurring costs that directly
20relate to the Next Generation 9-1-1 service as determined by
21the Statewide 9-1-1 Advisory Board, including, but not limited
22to, costs for Emergency System Routing Proxy (ESRP), Emergency
23Call Routing Function/Location Validation Function (ECRF/LVF),
24Spatial Information Function (SIF), the Border Control
25Function (BCF), and the Emergency Services Internet Protocol
26networks (ESInets), legacy network gateways, and all

 

 

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1associated fees, taxes, and surcharges on each invoice.
2    "Private branch exchange" or "PBX" means a private
3telephone system and associated equipment located on the user's
4property that provides communications between internal
5stations and external networks.
6    "Private business switch service" means a
7telecommunications service including centrex type service and
8PBX service, even though key telephone systems or equivalent
9telephone systems registered with the Federal Communications
10Commission under 47 C.F.R. Part 68 are directly connected to
11centrex type and PBX systems providing 9-1-1 services equipped
12for switched local network connections or 9-1-1 system access
13to business end users through a private telephone switch.
14    "Private business switch service" does not include key
15telephone systems or equivalent telephone systems registered
16with the Federal Communications Commission under 47 C.F.R. Part
1768 when not used in conjunction with centrex type and PBX
18systems. "Private business switch service" typically includes,
19but is not limited to, private businesses, corporations, and
20industries where the telecommunications service is primarily
21for conducting business.
22    "Private residential switch service" means a
23telecommunications service including centrex type service and
24PBX service, even though key telephone systems or equivalent
25telephone systems registered with the Federal Communications
26Commission under 47 C.F.R. Part 68 are directly connected to

 

 

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1centrex type and PBX systems providing 9-1-1 services equipped
2for switched local network connections or 9-1-1 system access
3to residential end users through a private telephone switch.
4"Private residential switch service" does not include key
5telephone systems or equivalent telephone systems registered
6with the Federal Communications Commission under 47 C.F.R. Part
768 when not used in conjunction with centrex type and PBX
8systems. "Private residential switch service" typically
9includes, but is not limited to, apartment complexes,
10condominiums, and campus or university environments where
11shared tenant service is provided and where the usage of the
12telecommunications service is primarily residential.
13    "Public agency" means the State, and any unit of local
14government or special purpose district located in whole or in
15part within this State, that provides or has authority to
16provide firefighting, police, ambulance, medical, or other
17emergency services.
18    "Public safety agency" means a functional division of a
19public agency that provides firefighting, police, medical, or
20other emergency services. For the purpose of providing wireless
21service to users of 9-1-1 emergency services, as expressly
22provided for in this Act, the Department of State Police may be
23considered a public safety agency.
24    "Public safety answering point" or "PSAP" means the initial
25answering location of an emergency call.
26    "Qualified governmental entity" means a unit of local

 

 

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1government authorized to provide 9-1-1 services pursuant to
2this Act where no emergency telephone system board exists.
3    "Referral method" means a 9-1-1 service in which the PSAP
4telecommunicator provides the calling party with the telephone
5number of the appropriate public safety agency or other
6provider of emergency services.
7    "Regular service" means any telecommunications service,
8other than advanced service, that is capable of transporting
9either 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.
12    "Relay method" means a 9-1-1 service in which the PSAP
13telecommunicator takes the pertinent information from a caller
14and relays that information to the appropriate public safety
15agency or other provider of emergency services.
16    "Remit period" means the billing period, one month in
17duration, for which a wireless carrier remits a surcharge and
18provides subscriber information by zip code to the Department,
19in accordance with Section 20 of this Act.
20    "Statewide wireless emergency 9-1-1 system" means all
21areas of the State where an emergency telephone system board
22or, in the absence of an emergency telephone system board, a
23qualified governmental entity, has not declared its intention
24for one or more of its public safety answering points to serve
25as a primary wireless 9-1-1 public safety answering point for
26its jurisdiction. The operator of the statewide wireless

 

 

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1emergency 9-1-1 system shall be the Department of State Police.
2    "System" means the communications equipment and related
3software applications required to produce a response by the
4appropriate emergency public safety agency or other provider of
5emergency services as a result of an emergency call being
6placed to 9-1-1.
7    "System provider" means the contracted entity providing
89-1-1 network and database services.
9    "Telecommunications carrier" means those entities included
10within the definition specified in Section 13-202 of the Public
11Utilities Act, and includes those carriers acting as resellers
12of telecommunications services. "Telecommunications carrier"
13includes telephone systems operating as mutual concerns.
14"Telecommunications carrier" does not include a wireless
15carrier.
16    "Telecommunications technology" means equipment that can
17send and receive written messages over the telephone network.
18    "Transfer method" means a 9-1-1 service in which the PSAP
19telecommunicator receiving a call transfers that call to the
20appropriate public safety agency or other provider of emergency
21services.
22    "Transmitting messages" shall have the meaning given to
23that term under Section 8-11-2 of the Illinois Municipal Code.
24    "Trunk line" means a transmission path, or group of
25transmission paths, connecting a subscriber's PBX to a
26telecommunications carrier's public switched network. In the

 

 

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1case of regular service, each voice grade communications
2channel or equivalent amount of bandwidth capable of
3transporting either the subscriber's inter-premises voice
4telecommunications services to the public switched network or
5the subscriber's 9-1-1 calls to the public agency shall be
6considered a trunk line, even if it is bundled with other
7channels or additional bandwidth. In the case of advanced
8service, each DS-1, T-1, or similar un-channelized or
9multi-channel transmission facility that is capable of
10transporting either the subscriber's inter-premises voice
11telecommunications services to the public switched network or
12the subscriber's 9-1-1 calls to the public agency shall be
13considered a single trunk line, even if it contains multiple
14voice grade communications channels or otherwise supports 2 or
15more voice grade calls at a time; provided, however, that each
16additional 1.544 Mbps of transmission capacity that is capable
17of transporting either the subscriber's inter-premises voice
18telecommunications services to the public switched network or
19the subscriber's 9-1-1 calls to the public agency shall be
20considered an additional trunk line.
21    "Voice-impaired individual" means a person with a
22permanent speech disability which precludes oral
23communication, who can regularly and routinely communicate by
24telephone only through the aid of devices which can send and
25receive written messages over the telephone network.
26    "Wireless carrier" means a provider of two-way cellular,

 

 

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1broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
2Mobile Radio Service (CMRS), Wireless Communications Service
3(WCS), or other Commercial Mobile Radio Service (CMRS), as
4defined by the Federal Communications Commission, offering
5radio communications that may provide fixed, mobile, radio
6location, or satellite communication services to individuals
7or businesses within its assigned spectrum block and
8geographical area or that offers real-time, two-way voice
9service that is interconnected with the public switched
10network, including a reseller of such service.
11    "Wireless enhanced 9-1-1" means the ability to relay the
12telephone number of the originator of a 9-1-1 call and location
13information from any mobile handset or text telephone device
14accessing the wireless system to the designated wireless public
15safety answering point as set forth in the order of the Federal
16Communications Commission, FCC Docket No. 94-102, adopted June
1712, 1996, with an effective date of October 1, 1996, and any
18subsequent amendment thereto.
19    "Wireless public safety answering point" means the
20functional division of a 9-1-1 authority accepting wireless
219-1-1 calls.
22    "Wireless subscriber" means an individual or entity to whom
23a wireless service account or number has been assigned by a
24wireless carrier, other than an account or number associated
25with prepaid wireless telecommunication service.
26As used in this Act, the terms defined in Sections following

 

 

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1this Section and preceding Section 3 have the meanings ascribed
2to them in those Sections.
3(Source: P.A. 88-497.)
 
4    (50 ILCS 750/3)  (from Ch. 134, par. 33)
5    Sec. 3. (a) By July 1, 2017, every local public agency
6shall be within the jurisdiction of a 9-1-1 system. Every local
7public agency in a county having 100,000 or more inhabitants,
8within its respective jurisdiction, shall establish and have in
9operation within 3 years after the implementation date or by
10December 31, 1985, whichever is later, a basic or sophisticated
11system as specified in this Act. Other public agencies may
12establish such a system, and shall be entitled to participate
13in any program of grants or other State funding of such
14systems.
15    (b) By July 1, 2020, every 9-1-1 system in Illinois shall
16provide Next Generation 9-1-1 service. The establishment of
17such systems shall be centralized to the extent feasible.
18    (c) Nothing in this Act shall be construed to prohibit or
19discourage in any way the formation of multijurisdictional or
20regional systems, and any system established pursuant to this
21Act may include the territory of more than one public agency or
22may include a segment of the territory of a public agency.
23(Source: P.A. 81-1509.)
 
24    (50 ILCS 750/4)  (from Ch. 134, par. 34)

 

 

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1    Sec. 4. Every system shall include police, firefighting,
2and emergency medical and ambulance services, and may include
3other emergency services, in the discretion of the affected
4local public agency, such as poison control services, suicide
5prevention services, and civil defense services. The system may
6incorporate private ambulance service. In those areas in which
7a public safety agency of the state provides such emergency
8services, the system shall include such public safety agencies.
9(Source: P.A. 79-1092.)
 
10    (50 ILCS 750/6)  (from Ch. 134, par. 36)
11    Sec. 6. Capabilities of system; pay telephones. All systems
12shall be designed to meet the specific requirements of each
13community and public agency served by the system. Every system,
14whether basic or sophisticated, shall be designed to have the
15capability of utilizing the direct dispatch method, relay
16method, transfer method, or referral method at least 1 of the
17methods specified in Sections 2.03 through 2.06, in response to
18emergency calls. The General Assembly finds and declares that
19the most critical aspect of the design of any system is the
20procedure established for handling a telephone request for
21emergency services.
22    In addition, to maximize efficiency and utilization of the
23system, all pay telephones within each system shall, within 3
24years after the implementation date or by December 31, 1985,
25whichever is later, enable a caller to dial "9-1-1" for

 

 

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1emergency services without the necessity of inserting a coin.
2This paragraph does not apply to pay telephones located in
3penal institutions, as defined in Section 2-14 of the Criminal
4Code of 2012, that have been designated for the exclusive use
5of committed persons.
6(Source: P.A. 97-1150, eff. 1-25-13.)
 
7    (50 ILCS 750/6.1)  (from Ch. 134, par. 36.1)
8    Sec. 6.1. Every The Commission shall require that every
99-1-1 system shall be readily accessible to hearing-impaired
10and voice-impaired individuals through the use of
11telecommunications technology for hearing-impaired and
12speech-impaired individuals.
13    As used in this Section:
14        "Hearing-impaired individual" means a person with a
15    permanent hearing loss who can regularly and routinely
16    communicate by telephone only through the aid of devices
17    which can send and receive written messages over the
18    telephone network.
19        "Voice-impaired individual" means a person with a
20    permanent speech disability which precludes oral
21    communication, who can regularly and routinely communicate
22    by telephone only through the aid of devices which can send
23    and receive written messages over the telephone network.
24        "Telecommunications technology" means equipment that
25    can send and receive written messages over the telephone

 

 

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1    network.
2(Source: P.A. 87-146.)
 
3    (50 ILCS 750/7)  (from Ch. 134, par. 37)
4    Sec. 7. The General Assembly finds that, because of
5overlapping jurisdiction of public agencies, public safety
6agencies and telephone service areas, the Administrator, with
7the advice and recommendation of the Statewide 9-1-1 Advisory
8Board, Commission shall establish a general overview or plan to
9effectuate the purposes of this Act within the time frame
10provided in this Act. In order to insure that proper
11preparation and implementation of emergency telephone systems
12are accomplished by all public agencies as required under this
13Act in a county having 100,000 or more inhabitants within 3
14years after the implementation date or by December 31, 1985,
15whichever is later, the Department Commission, with the advice
16and assistance of the Attorney General, shall secure compliance
17by public agencies as provided in this Act.
18(Source: P.A. 81-1122.)
 
19    (50 ILCS 750/8)  (from Ch. 134, par. 38)
20    Sec. 8. The Administrator Commission, with the advice and
21recommendation assistance of the Statewide 9-1-1 Advisory
22Board Attorney General, shall coordinate the implementation of
23systems established under this Act. The Commission, with the
24advice and assistance of the Attorney General, shall assist

 

 

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1local public agencies and local public safety agencies in
2obtaining financial help to establish emergency telephone
3service, and shall aid such agencies in the formulation of
4concepts, methods, and procedures which will improve the
5operation of systems required by this Act and which will
6increase cooperation between public safety agencies.
7(Source: P.A. 79-1092.)
 
8    (50 ILCS 750/10)  (from Ch. 134, par. 40)
9    Sec. 10. The Administrator, with the advice and
10recommendation of the Statewide 9-1-1 Advisory Board, shall
11establish uniform technical and operational standards for all
129-1-1 systems in Illinois. All findings, orders, decisions,
13rules, and regulations issued or promulgated by the Commission
14under this Act or any other Act establishing or conferring
15power on the Commission with respect to emergency
16telecommunications services, shall continue in force.
17Notwithstanding the provisions of this Section, where
18applicable, the Administrator shall, with the advice and
19recommendation of the Statewide 9-1-1 Advisory Board, amend the
20Commission's findings, orders, decisions, rules, and
21regulations to conform to the specific provisions of this Act
22as soon as practicable after the effective date of this
23amendatory Act of the 99th General Assembly. The Department may
24adopt emergency rules necessary to implement the provisions of
25this amendatory Act of the 99th General Assembly under

 

 

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1subsection (t) of Section 5-45 of the Illinois Administrative
2Procedure Act. Technical and operational standards for the
3development of the local agency systems shall be established
4and reviewed by the Commission on or before December 31, 1979,
5after consultation with all agencies specified in Section 9.
6    For the limited purpose of permitting a board, a qualified
7governmental entity, a group of boards, or a group of
8governmental entities to participate in a Regional Pilot
9Project to implement next generation 9-1-1, as defined in this
10Act, the Commission may forbear from applying any rule adopted
11under the Emergency Telephone Systems Act as it applies to
12conducting of the Regional Pilot Project to implement next
13generation 9-1-1, if the Commission determines, after notice
14and hearing, that:
15        (1) enforcement of the rule is not necessary to ensure
16    the development and improvement of emergency communication
17    procedures and facilities in such a manner as to be able to
18    quickly respond to any person requesting 9-1-1 service from
19    police, fire, medical, rescue, and other emergency
20    services;
21        (2) enforcement of the rule or provision is not
22    necessary for the protection of consumers; and
23        (3) forbearance from applying the provisions or rules
24    is consistent with the public interest.
25    The Commission may exercise such forbearance with respect
26to one, and only one, Regional Pilot Project to implement next

 

 

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1generation 9-1-1.
2    If the Commission authorizes a Regional Pilot Project, then
3telecommunications carriers shall not be liable for any civil
4damages as a result of any act or omission, except willful or
5wanton misconduct, in connection with developing, adopting,
6operating, implementing, or delivering or receiving calls in
7connection with any plan or system authorized by this Section
8and Section 11 of this Act.
9(Source: P.A. 96-1443, eff. 8-20-10.)
 
10    (50 ILCS 750/10.2)  (from Ch. 134, par. 40.2)
11    Sec. 10.2. The Emergency Telephone System Board in any
12county passing a referendum under Section 15.3, and the
13Chairman of the County Board in any county implementing a 9-1-1
14system shall ensure that all areas of the county are included
15in the system.
16(Source: P.A. 87-146.)
 
17    (50 ILCS 750/11)  (from Ch. 134, par. 41)
18    Sec. 11. Within one year after the implementation date or
19by January 31, 1980, whichever is later, all public agencies in
20a county having 100,000 or more inhabitants shall submit
21tentative plans of the establishment of a system required by
22this Act to the public utility or utilities providing public
23telephone service within the respective jurisdiction of each
24public agency. A copy of each such plan shall be filed with the

 

 

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1Commission.
2    Within 2 years after the implementation date or by January
331, 1982, whichever is later, all public agencies in a county
4having 100,000 or more inhabitants shall submit final plans for
5the establishment of the system to such utilities, and shall
6make arrangements with such utilities for the implementation of
7the planned emergency telephone system no later than 3 years
8after the implementation date or by December 31, 1985,
9whichever is later. A copy of the plan required by this
10subdivision shall be filed with the Commission. In order to
11secure compliance with the standards promulgated under Section
1210, the Commission shall have the power to approve or
13disapprove such plan, unless such plan was announced before the
14effective date of this Act.
15    If any public agency has implemented or is a part of a
16system required by this Act on a deadline specified in this
17Section, such public agency shall submit in lieu of the
18tentative or final plan a report describing the system and
19stating its operational date.
20    A board, a qualified governmental entity, a group of
21boards, or a group of qualified governmental entities involved
22in a Regional Pilot Project to implement next generation 9-1-1,
23as defined in this Act, shall submit a plan to the Commission
24describing in detail the Regional Pilot Project no fewer than
25180 days prior to the implementation of the plan. The
26Commission may approve the plan after notice and hearing to

 

 

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1authorize such Regional Pilot Project. Such shall not exceed
2one year duration or other time period approved by the
3Commission. No entity may proceed with the Regional Pilot
4Project until it receives Commission approval. In approving any
5plan for a Regional Pilot Project under this Section, the
6Commission may impose such terms, conditions, or requirements
7as, in its judgment, are necessary to protect the interests of
8the public.
9    The Commission shall have authority to approve one, and
10only one, Regional Pilot Project to implement next generation
119-1-1.
12    All local public agencies operating a 9-1-1 system shall
13operate under a plan that has been filed with and approved by
14the Commission prior to January 1, 2016, or the Administrator.
15Plans filed under this Section shall conform to minimum
16standards established pursuant to Section 10.
17(Source: P.A. 96-1443, eff. 8-20-10.)
 
18    (50 ILCS 750/12)  (from Ch. 134, par. 42)
19    Sec. 12. The Attorney General may, in behalf of the
20Department Commission or on his own initiative, commence
21judicial proceedings to enforce compliance by any public agency
22or public utility providing telephone service with this Act.
23(Source: P.A. 79-1092.)
 
24    (50 ILCS 750/15)  (from Ch. 134, par. 45)

 

 

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1    Sec. 15. Copies of the annual certified notification of
2continuing agreement required by Section 14 shall be filed with
3the Attorney General and the Administrator Commission. All
4Commencing with the year 1987, all such agreements shall be so
5filed prior to the 31st day of January. The Attorney General
6shall commence judicial proceedings to enforce compliance with
7this Section and Section 14, where a public agency or public
8safety agency has failed to timely enter into such agreement or
9file copies thereof.
10(Source: P.A. 86-101.)
 
11    (50 ILCS 750/15.1)  (from Ch. 134, par. 45.1)
12    Sec. 15.1. Public body; exemption from civil liability for
13developing or operating emergency telephone system.
14    (a) In no event shall a No public agency, the Commission,
15the Statewide 9-1-1 Advisory Board, the Administrator, the
16Department of State Police, public safety agency, public safety
17answering point, emergency telephone system board, or unit of
18local government assuming the duties of an emergency telephone
19system board, or carrier, or its officers, employees, assigns,
20or agents nor any officer, agent or employee of any public
21agency, public safety agency, emergency telephone system
22board, or unit of local government assuming the duties of an
23emergency telephone system board, shall be liable for any civil
24damages or criminal liability that directly or indirectly
25results from, or is caused by, any act or omission in the

 

 

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1development, design, installation, operation, maintenance,
2performance, or provision of 9-1-1 service required by this
3Act, unless the act or omission constitutes gross negligence,
4recklessness, or intentional misconduct as a result of any act
5or omission, except willful or wanton misconduct, in connection
6with developing, adopting, operating or implementing any plan
7or system required by this Act.
8    A unit of local government, the Commission, the Statewide
99-1-1 Advisory Board, the Administrator, the Department of
10State Police, public safety agency, public safety answering
11point, emergency telephone system board, or carrier, or its
12officers, employees, assigns, or agents, shall not be liable
13for any form of civil damages or criminal liability that
14directly or indirectly results from, or is caused by, the
15release of subscriber information to any governmental entity as
16required under the provisions of this Act, unless the release
17constitutes gross negligence, recklessness, or intentional
18misconduct.
19    (b) Exemption from civil liability for emergency
20instructions is as provided in the Good Samaritan Act.
21    (c) This Section may not be offered as a defense in any
22judicial proceeding brought by the Attorney General under
23Section 12 to compel compliance with this Act.
24(Source: P.A. 89-403, eff. 1-1-96; 89-607, eff. 1-1-97.)
 
25    (50 ILCS 750/15.2c new)

 

 

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1    Sec. 15.2c. Call boxes. No carrier shall be required to
2provide a call box. For purposes of this Section, the term
3"call box" means a device that is normally mounted to an
4outside wall of the serving telecommunications carrier central
5office and designed to provide emergency on-site answering by
6authorized personnel at the central office location in the
7event a central office is isolated from the 9-1-1 network.
 
8    (50 ILCS 750/15.3a new)
9    Sec. 15.3a. Local wireless surcharge.
10    (a) Notwithstanding any other provision of this Act, a unit
11of local government or emergency telephone system board
12providing wireless 9-1-1 service and imposing and collecting a
13wireless carrier surcharge prior to July 1, 1998 may continue
14its practices of imposing and collecting its wireless carrier
15surcharge, but, except as provided in subsection (b) of this
16Section, in no event shall that monthly surcharge exceed $2.50
17per commercial mobile radio service (CMRS) connection or
18in-service telephone number billed on a monthly basis. For
19mobile telecommunications services provided on and after
20August 1, 2002, any surcharge imposed shall be imposed based
21upon the municipality or county that encompasses the customer's
22place of primary use as defined in the Mobile
23Telecommunications Sourcing Conformity Act.
24    (b) Until July 1, 2017, the corporate authorities of a
25municipality with a population in excess of 500,000 on the

 

 

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1effective date of this amendatory Act of the 99th General
2Assembly may by ordinance continue to impose and collect a
3monthly surcharge per commercial mobile radio service (CMRS)
4connection or in-service telephone number billed on a monthly
5basis that does not exceed the highest monthly surcharge
6imposed as of January 1, 2014 by any county or municipality
7under subsection (c) of Section 15.3 of this Act. On or after
8July 1, 2017, the municipality may continue imposing and
9collecting its wireless carrier surcharge as provided in and
10subject to the limitations of subsection (a) of this Section.
11    (c) In addition to any other lawful purpose, a municipality
12with a population over 500,000 may use the moneys collected
13under this Section for any anti-terrorism or emergency
14preparedness measures, including, but not limited to,
15preparedness planning, providing local matching funds for
16federal or State grants, personnel training, and specialized
17equipment, including surveillance cameras, as needed to deal
18with natural and terrorist-inspired emergency situations or
19events.
 
20    (50 ILCS 750/15.4)  (from Ch. 134, par. 45.4)
21    Sec. 15.4. Emergency Telephone System Board; powers.
22    (a) Except as provided in subsection (e) of this Section,
23the The corporate authorities of any county or municipality may
24that imposes a surcharge under Section 15.3 shall establish an
25Emergency Telephone System Board. The corporate authorities

 

 

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1shall provide for the manner of appointment and the number of
2members of the Board, provided that the board shall consist of
3not fewer than 5 members, one of whom must be a public member
4who is a resident of the local exchange service territory
5included in the 9-1-1 coverage area, one of whom (in counties
6with a population less than 100,000) may must be a member of
7the county board, and at least 3 of whom shall be
8representative of the 9-1-1 public safety agencies, including
9but not limited to police departments, fire departments,
10emergency medical services providers, and emergency services
11and disaster agencies, and appointed on the basis of their
12ability or experience. In counties with a population of more
13than 100,000 but less than 2,000,000, a member of the county
14board may serve on the Emergency Telephone System Board.
15Elected officials, including members of a county board, are
16also eligible to serve on the board. Members of the board shall
17serve without compensation but shall be reimbursed for their
18actual and necessary expenses. Any 2 or more municipalities,
19counties, or combination thereof, that impose a surcharge under
20Section 15.3 may, instead of establishing individual boards,
21establish by intergovernmental agreement a Joint Emergency
22Telephone System Board pursuant to this Section. The manner of
23appointment of such a joint board shall be prescribed in the
24agreement.
25    Upon the effective date of this amendatory Act of the 98th
26General Assembly, appointed members of the Emergency Telephone

 

 

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

 

 

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1    systems.
2        (3) Receiving moneys from the surcharge imposed under
3    Section 15.3, or disbursed to it under Section 30, and from
4    any other source, for deposit into the Emergency Telephone
5    System Fund.
6        (4) Authorizing all disbursements from the fund.
7        (5) Hiring any staff necessary for the implementation
8    or upgrade of the system.
9        (6) (Blank). Participating in a Regional Pilot Project
10    to implement next generation 9-1-1, as defined in this Act,
11    subject to the conditions set forth in this Act.
12    (c) All moneys received by a board pursuant to a surcharge
13imposed under Section 15.3, or disbursed to it under Section
1430, shall be deposited into a separate interest-bearing
15Emergency Telephone System Fund account. The treasurer of the
16municipality or county that has established the board or, in
17the case of a joint board, any municipal or county treasurer
18designated in the intergovernmental agreement, shall be
19custodian of the fund. All interest accruing on the fund shall
20remain in the fund. No expenditures may be made from such fund
21except upon the direction of the board by resolution passed by
22a majority of all members of the board. Expenditures may be
23made only to pay for the costs associated with the following:
24        (1) The design of the Emergency Telephone System.
25        (2) The coding of an initial Master Street Address
26    Guide data base, and update and maintenance thereof.

 

 

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1        (3) The repayment of any moneys advanced for the
2    implementation of the system.
3        (4) The charges for Automatic Number Identification
4    and Automatic Location Identification equipment, a
5    computer aided dispatch system that records, maintains,
6    and integrates information, mobile data transmitters
7    equipped with automatic vehicle locators, and maintenance,
8    replacement and update thereof to increase operational
9    efficiency and improve the provision of emergency
10    services.
11        (5) The non-recurring charges related to installation
12    of the Emergency Telephone System and the ongoing network
13    charges.
14        (6) The acquisition and installation, or the
15    reimbursement of costs therefor to other governmental
16    bodies that have incurred those costs, of road or street
17    signs that are essential to the implementation of the
18    emergency telephone system and that are not duplicative of
19    signs that are the responsibility of the jurisdiction
20    charged with maintaining road and street signs.
21        (7) Other products and services necessary for the
22    implementation, upgrade, and maintenance of the system and
23    any other purpose related to the operation of the system,
24    including costs attributable directly to the construction,
25    leasing, or maintenance of any buildings or facilities or
26    costs of personnel attributable directly to the operation

 

 

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1    of the system. Costs attributable directly to the operation
2    of an emergency telephone system do not include the costs
3    of public safety agency personnel who are and equipment
4    that is dispatched in response to an emergency call.
5        (7.5) The purchase of real property if the purchase is
6    made before March 16, 2006.
7        (8) In the case of a municipality that imposes a
8    surcharge under subsection (h) of Section 15.3, moneys may
9    also be used for any anti-terrorism or emergency
10    preparedness measures, including, but not limited to,
11    preparedness planning, providing local matching funds for
12    federal or State grants, personnel training, and
13    specialized equipment, including surveillance cameras as
14    needed to deal with natural and terrorist-inspired
15    emergency situations or events.
16        (9) The defraying of expenses incurred in
17    participation in a Regional Pilot Project to implement next
18    generation 9-1-1, subject to the conditions set forth in
19    this Act.
20        (10) The implementation of a computer aided dispatch
21    system or hosted supplemental 9-1-1 services.
22    Moneys in the fund may also be transferred to a
23participating fire protection district to reimburse volunteer
24firefighters who man remote telephone switching facilities
25when dedicated 9-1-1 lines are down.
26    (d) The board shall complete a Master Street Address Guide

 

 

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1database the data base before implementation of the 9-1-1
2system. The error ratio of the database data base shall not at
3any time exceed 1% of the total database data base.
4    (e) On and after January 1, 2016, no municipality or county
5may create an Emergency Telephone System Board unless the board
6is a Joint Emergency Telephone System Board. The corporate
7authorities of any county or municipality entering into an
8intergovernmental agreement to create or join a Joint Emergency
9Telephone System Board shall rescind the ordinance or
10ordinances creating the original Emergency Telephone System
11Board and shall eliminate the Emergency Telephone System Board,
12effective upon the creation, with regulatory approval by the
13Administrator, or joining of the Joint Emergency Telephone
14System Board.
15(Source: P.A. 97-517, eff. 8-23-11; 97-1018, eff. 8-17-12;
1698-481, eff. 8-16-13.)
 
17    (50 ILCS 750/15.4a new)
18    Sec. 15.4a. Consolidation.
19    (a) By July 1, 2017, and except as otherwise provided in
20this Section, Emergency Telephone System Boards, Joint
21Emergency Telephone System Boards, qualified governmental
22entities, and PSAPs shall be consolidated as follows, subject
23to subsections (b) and (c) of this Section:
24        (1) In any county with a population of at least 250,000
25    that has a single Emergency Telephone System Board, or

 

 

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

 

 

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

 

 

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1    (b) By July 1, 2016, each county required to consolidate
2pursuant to paragraph (7) of subsection (a) of this Section and
3each 9-1-1 Authority required to consolidate pursuant to
4paragraphs (1) through (6) of subsection (a) of this Section
5shall file a plan for consolidation or a request for a waiver
6pursuant to subsection (c) of this Section with the Division of
79-1-1. Within 60 calendar days of receiving a consolidation
8plan, the Statewide 9-1-1 Advisory Board shall hold at least
9one public hearing on the plan and provide a recommendation to
10the Administrator. Notice of the hearing shall be provided to
11the respective entity to which the plan applies. Within 90
12calendar days of receiving a consolidation plan, the
13Administrator shall approve the plan, approve the plan as
14modified, or grant a waiver pursuant to subsection (c) of this
15Section. In making his or her decision, the Administrator shall
16consider any recommendation from the Statewide 9-1-1 Advisory
17Board regarding the plan. If the Administrator does not follow
18the recommendation of the Board, the Administrator shall
19provide a written explanation for the deviation in his or her
20decision. The deadlines provided in this subsection may be
21extended upon agreement between the Administrator and entity
22which submitted the plan.
23    (c) A waiver from a consolidation required under subsection
24(a) of this Section may be granted if the Administrator finds
25that the consolidation will result in a substantial threat to
26public safety, is economically unreasonable, or is technically

 

 

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1infeasible.
2    (d) Any decision of the Administrator under this Section
3shall be deemed a final administrative decision and shall be
4subject to judicial review under the Administrative Review Law.
 
5    (50 ILCS 750/15.4b new)
6    Sec. 15.4b. Consolidation grants.
7    (a) The Administrator, with the advice and recommendation
8of the Statewide 9-1-1 Advisory Board, shall administer a 9-1-1
9System Consolidation Grant Program to defray costs associated
10with 9-1-1 system consolidation of systems outside of a
11municipality with a population in excess of 500,000. The
12awarded grants will be used to offset non-recurring costs
13associated with the consolidation of 9-1-1 systems and shall
14not be used for ongoing operating costs associated with the
15consolidated system. The Department, in consultation with the
16Administrator and the Statewide 9-1-1 Advisory Board, shall
17adopt rules defining the grant process and criteria for issuing
18the grants. The grants should be awarded based on criteria that
19include, but are not limited to:
20        (1) reducing the number of transfers of a 9-1-1 call;
21        (2) reducing the infrastructure required to adequately
22    provide 9-1-1 network services;
23        (3) promoting cost savings from resource sharing among
24    9-1-1 systems;
25        (4) facilitating interoperability and resiliency for

 

 

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1    the receipt of 9-1-1 calls;
2        (5) reducing the number of 9-1-1 systems or reducing
3    the number of PSAPs within a 9-1-1 system;
4        (6) cost saving resulting from 9-1-1 system
5    consolidation; and
6        (7) expanding E9-1-1 service coverage as a result of
7    9-1-1 system consolidation including to areas without
8    E9-1-1 service.
9    Priority shall be given first to counties not providing
109-1-1 service as of January 1, 2016, and next to other entities
11consolidating as required under Section 15.4a of this Act.
12    (b) The 9-1-1 System Consolidation Grant application, as
13defined by Department rules, shall be submitted electronically
14to the Administrator starting January 2, 2016, and every
15January 2 thereafter. The application shall include a modified
169-1-1 system plan as required by this Act in support of the
17consolidation plan. The Administrator shall have until June 30,
182016 and every June 30 thereafter to approve 9-1-1 System
19Consolidation grants and modified 9-1-1 system plans. Payment
20under the approved 9-1-1 System Consolidation grants shall be
21contingent upon the final approval of a modified 9-1-1 system
22plan.
23    (c) Existing and previously completed consolidation
24projects shall be eligible to apply for reimbursement of costs
25related to the consolidation incurred between 2010 and the
26State fiscal year of the application.

 

 

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1    (d) The 9-1-1 systems that receive grants under this
2Section shall provide a report detailing grant fund usage to
3the Administrator pursuant to Section 40 of this Act.
 
4    (50 ILCS 750/15.5)
5    Sec. 15.5. Private residential switch service 9-1-1
6service.
7    (a) After June 30, 1995, an entity that provides or
8operates private residential switch service and provides
9telecommunications facilities or services to residents shall
10provide to those residential end users the same level of 9-1-1
11service as the public agency and the telecommunications carrier
12are providing to other residential end users of the local 9-1-1
13system. This service shall include, but not be limited to, the
14capability to identify the telephone number, extension number,
15and the physical location that is the source of the call to the
16number designated as the emergency telephone number.
17    (b) The private residential switch operator is responsible
18for forwarding end user automatic location identification
19record information to the 9-1-1 system provider according to
20the format, frequency, and procedures established by that
21system provider.
22    (c) This Act does not apply to any PBX telephone extension
23that uses radio transmissions to convey electrical signals
24directly between the telephone extension and the serving PBX.
25    (d) 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    (e) Nothing in this Section shall be construed to preclude
4the Attorney General on behalf of the Department Commission or
5on his or her own initiative, or any other interested person,
6from seeking judicial relief, by mandamus, injunction, or
7otherwise, to compel compliance with this Section.
8(Source: P.A. 88-604, eff. 9-1-94; 89-222, eff. 1-1-96; 89-497,
9eff. 6-27-96.)
 
10    (50 ILCS 750/15.6)
11    Sec. 15.6. Enhanced 9-1-1 service; business service.
12    (a) After June 30, 2000, or within 18 months after enhanced
139-1-1 service becomes available, any entity that installs or
14operates a private business switch service and provides
15telecommunications facilities or services to businesses shall
16assure that the system is connected to the public switched
17network in a manner that calls to 9-1-1 result in automatic
18number and location identification. For buildings having their
19own street address and containing workspace of 40,000 square
20feet or less, location identification shall include the
21building's street address. For buildings having their own
22street address and containing workspace of more than 40,000
23square feet, location identification shall include the
24building's street address and one distinct location
25identification per 40,000 square feet of workspace. Separate

 

 

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

 

 

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1Administrator Illinois Commerce Commission.
2    Buildings in communities not serviced by enhanced 9-1-1
3service are exempt from subsection (a).
4    Correctional institutions and facilities, as defined in
5subsection (d) of Section 3-1-2 of the Unified Code of
6Corrections, are exempt from subsection (a).
7    (c) This Act does not apply to any PBX telephone extension
8that uses radio transmissions to convey electrical signals
9directly between the telephone extension and the serving PBX.
10    (d) An entity that violates this Section is guilty of a
11business offense and shall be fined not less than $1,000 and
12not more than $5,000.
13    (e) Nothing in this Section shall be construed to preclude
14the Attorney General on behalf of the Department Commission or
15on his or her own initiative, or any other interested person,
16from seeking judicial relief, by mandamus, injunction, or
17otherwise, to compel compliance with this Section.
18    (f) The Department may Commission shall promulgate rules
19for the administration of this Section no later than January 1,
202000.
21(Source: P.A. 91-518, eff. 8-13-99; 92-16, eff. 6-28-01;
2292-188, eff. 8-1-01.)
 
23    (50 ILCS 750/15.6a new)
24    Sec. 15.6a. Wireless emergency 9-1-1 service.
25    (a) The digits "9-1-1" shall be the designated emergency

 

 

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

 

 

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1wireless 9-1-1 public safety answering point for any
2jurisdiction that did not provide notice to the Illinois
3Commerce Commission and the Department prior to January 1,
42016.
5    (d) The Administrator, upon a request from a qualified
6governmental entity or an emergency telephone system board and
7with the advice and recommendation of the Statewide 9-1-1
8Advisory Board, may grant authority to the emergency telephone
9system board or a qualified governmental entity to provide
10wireless 9-1-1 service in areas for which the Department has
11accepted wireless 9-1-1 responsibility. The Administrator
12shall maintain a current list of all 9-1-1 systems and
13qualified governmental entities providing wireless 9-1-1
14service under this Act.
 
15    (50 ILCS 750/15.6b new)
16    Sec. 15.6b. Next Generation 9-1-1 service.
17    (a) The Administrator, with the advice and recommendation
18of the Statewide 9-1-1 Advisory Board, shall develop and
19implement a plan for a statewide Next Generation 9-1-1 network.
20The Next Generation 9-1-1 network must be an Internet
21protocol-based platform that at a minimum provides:
22        (1) improved 9-1-1 call delivery;
23        (2) enhanced interoperability;
24        (3) increased ease of communication between 9-1-1
25    service providers, allowing immediate transfer of 9-1-1

 

 

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

 

 

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1providers by the Illinois Commerce Commission. In addition to
2the requirements of this Act Section, all 9-1-1 system
3providers must comply with the requirements of Section 13-900
4of the Public Utilities Act.
5(Source: P.A. 96-25, eff. 6-30-09.)
 
6    (50 ILCS 750/15.8)
7    Sec. 15.8. 9-1-1 dialing from a business.
8    (a) Any entity that installs or operates a private business
9switch service and provides telecommunications facilities or
10services to businesses shall ensure that all systems installed
11on or after July 1, 2015 (the effective date of Public Act
1298-875) the effective date of this amendatory Act of the 98th
13General Assembly are connected to the public switched network
14in a manner such that when a user dials "9-1-1", the emergency
15call connects to the 9-1-1 system without first dialing any
16number or set of numbers.
17    (b) The requirements of this Section do not apply to:
18        (1) any entity certified by the Illinois Commerce
19    Commission to operate a Private Emergency Answering Point
20    as defined in 83 Ill. Adm. Code 726.105; or
21        (2) correctional institutions and facilities as
22    defined in subsection (d) of Section 3-1-2 of the Unified
23    Code of Corrections.
24    (c) An entity that violates this Section is guilty of a
25business offense and shall be fined not less than $1,000 and

 

 

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

 

 

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

 

 

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

 

 

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1of:
2        (1) $25 for each month or portion of a month that the
3    report is delinquent; or
4        (2) an amount equal to the product of $0.01 and the
5    number of subscribers served by the carrier.
6    A penalty imposed in accordance with this subsection (g)
7for a portion of a month during which the carrier provides the
8number of subscribers by zip code as required under subsection
9(e) of this Section shall be prorated for each day of that
10month during which the carrier had not provided the number of
11subscribers by zip code as required under subsection (e) of
12this Section. Any penalty imposed under this subsection (g) is
13in addition to any other penalty imposed under this Section.
14    (h) A penalty imposed and collected in accordance with
15subsection (f) or (g) of this Section shall be deposited into
16the Statewide 9-1-1 Fund for distribution according to Section
1730 of this Act.
18    (i) The Department may enforce the collection of any
19delinquent amount and any penalty due and unpaid under this
20Section by legal action or in any other manner by which the
21collection of debts due the State of Illinois may be enforced
22under the laws of this State. The Department may excuse the
23payment of any penalty imposed under this Section if the
24Administrator determines that the enforcement of this penalty
25is unjust.
26    (j) Notwithstanding any provision of law to the contrary,

 

 

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1nothing shall impair the right of wireless carriers to recover
2compliance costs for all emergency communications services
3that are not reimbursed out of the Wireless Carrier
4Reimbursement Fund directly from their wireless subscribers by
5line-item charges on the wireless subscriber's bill. Those
6compliance costs include all costs incurred by wireless
7carriers in complying with local, State, and federal regulatory
8or legislative mandates that require the transmission and
9receipt of emergency communications to and from the general
10public, including, but not limited to, E9-1-1.
 
11    (50 ILCS 750/30 new)
12    Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
13    (a) A special fund in the State treasury known as the
14Wireless Service Emergency Fund shall be renamed the Statewide
159-1-1 Fund. Any appropriations made from the Wireless Service
16Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
17The Fund shall consist of the following:
18        (1) 9-1-1 wireless surcharges assessed under the
19    Wireless Emergency Telephone Safety Act.
20        (2) 9-1-1 surcharges assessed under Section 20 of this
21    Act.
22        (3) Prepaid wireless 9-1-1 surcharges assessed under
23    Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
24        (4) Any appropriations, grants, or gifts made to the
25    Fund.

 

 

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1        (5) Any income from interest, premiums, gains, or other
2    earnings on moneys in the Fund.
3        (6) Money from any other source that is deposited in or
4    transferred to the Fund.
5    (b) Subject to appropriation, the Department shall
6distribute the 9-1-1 surcharges monthly as follows:
7        (1) From each surcharge collected and remitted under
8    Section 20 of this Act:
9            (A) $0.013 shall be distributed monthly in equal
10        amounts to each County Emergency Telephone System
11        Board or qualified governmental entity in counties
12        with a population under 100,000 according to the most
13        recent census data which is authorized to serve as a
14        primary wireless 9-1-1 public safety answering point
15        for the county and to provide wireless 9-1-1 service as
16        prescribed by subsection (b) of Section 15.6a of this
17        Act, and which does provide such service.
18            (B) $0.033 shall be transferred by the Comptroller
19        at the direction of the Department to the Wireless
20        Carrier Reimbursement Fund until June 30, 2017; from
21        July 1, 2017 through June 30, 2018, $0.026 shall be
22        transferred; from July 1, 2018 through June 30, 2019,
23        $0.020 shall be transferred; from July 1, 2019, through
24        June 30, 2020, $0.013 shall be transferred; from July
25        1, 2020 through June 30, 2021, $0.007 will be
26        transferred; and after June 30, 2021, no transfer shall

 

 

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1        be made to the Wireless Carrier Reimbursement Fund.
2            (C) $0.007 shall be used to cover the Department's
3        administrative costs.
4        (2) After disbursements under paragraph (1) of this
5    subsection (b), all remaining funds in the Statewide 9-1-1
6    Fund shall be disbursed in the following priority order:
7            (A) The Fund will pay monthly to:
8                (i) the 9-1-1 Authorities that imposed
9            surcharges under Section 15.3 of this Act and were
10            required to report to the Illinois Commerce
11            Commission under Section 27 of the Wireless
12            Emergency Telephone Safety Act on October 1, 2014,
13            except a 9-1-1 Authority in a municipality with a
14            population in excess of 500,000, an amount equal to
15            the average monthly wireline and VoIP surcharge
16            revenue attributable to the most recent 12-month
17            period reported to the Department under that
18            Section for the October 1, 2014 filing, subject to
19            the power of the Department to investigate the
20            amount reported and adjust the number by order
21            under Article X of the Public Utilities Act, so
22            that the monthly amount paid under this item
23            accurately reflects one-twelfth of the aggregate
24            wireline and VoIP surcharge revenue properly
25            attributable to the most recent 12-month period
26            reported to the Commission; or

 

 

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

 

 

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

 

 

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1county that has no 9-1-1 service as of January 1, 2016 enters
2into an agreement to consolidate to create or join a Joint
3Emergency Telephone System Board, the Joint Emergency
4Telephone System Board shall be entitled to the monthly
5payments that would have otherwise been paid to the county if
6it had provided 9-1-1 service.
 
7    (50 ILCS 750/35 new)
8    Sec. 35. 9-1-1 surcharge; allowable expenditures. Except
9as otherwise provided in this Act, expenditures from surcharge
10revenues received under this Act may be made by municipalities,
11counties, and 9-1-1 Authorities only to pay for the costs
12associated with the following:
13        (1) The design of the Emergency Telephone System.
14        (2) The coding of an initial Master Street Address
15    Guide database, and update and maintenance thereof.
16        (3) The repayment of any moneys advanced for the
17    implementation of the system.
18        (4) The charges for Automatic Number Identification
19    and Automatic Location Identification equipment, a
20    computer aided dispatch system that records, maintains,
21    and integrates information, mobile data transmitters
22    equipped with automatic vehicle locators, and maintenance,
23    replacement, and update thereof to increase operational
24    efficiency and improve the provision of emergency
25    services.

 

 

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1        (5) The non-recurring charges related to installation
2    of the Emergency Telephone System.
3        (6) The acquisition and installation, or the
4    reimbursement of costs therefor to other governmental
5    bodies that have incurred those costs, of road or street
6    signs that are essential to the implementation of the
7    Emergency Telephone System and that are not duplicative of
8    signs that are the responsibility of the jurisdiction
9    charged with maintaining road and street signs.
10        (7) Other products and services necessary for the
11    implementation, upgrade, and maintenance of the system and
12    any other purpose related to the operation of the system,
13    including costs attributable directly to the construction,
14    leasing, or maintenance of any buildings or facilities or
15    costs of personnel attributable directly to the operation
16    of the system. Costs attributable directly to the operation
17    of an emergency telephone system do not include the costs
18    of public safety agency personnel who are and equipment
19    that is dispatched in response to an emergency call.
20        (8) The defraying of expenses incurred to implement
21    Next Generation 9-1-1, subject to the conditions set forth
22    in this Act.
23        (9) The implementation of a computer aided dispatch
24    system or hosted supplemental 9-1-1 services.
25        (10) The design, implementation, operation,
26    maintenance, or upgrade of wireless 9-1-1 or E9-1-1

 

 

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1    emergency services and public safety answering points.
2    Moneys in the Statewide 9-1-1 Fund may also be transferred
3to a participating fire protection district to reimburse
4volunteer firefighters who man remote telephone switching
5facilities when dedicated 9-1-1 lines are down.
6    In the case of a municipality with a population over
7500,000, moneys may also be used for any anti-terrorism or
8emergency preparedness measures, including, but not limited
9to, preparedness planning, providing local matching funds for
10federal or State grants, personnel training, and specialized
11equipment, including surveillance cameras, as needed to deal
12with natural and terrorist-inspired emergency situations or
13events.
 
14    (50 ILCS 750/40 new)
15    Sec. 40. Financial reports.
16    (a) The Department shall create uniform accounting
17procedures, with such modification as may be required to give
18effect to statutory provisions applicable only to
19municipalities with a population in excess of 500,000, that any
20emergency telephone system board, qualified governmental
21entity, or unit of local government receiving surcharge money
22pursuant to Section 15.3, 15.3a, or 30 of this Act must follow.
23    (b) By October 1, 2016, and every October 1 thereafter,
24each emergency telephone system board, qualified governmental
25entity, or unit of local government receiving surcharge money

 

 

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1pursuant to Section 15.3, 15.3a, or 30 shall report to the
2Department audited financial statements showing total revenue
3and expenditures for the previous fiscal year in a form and
4manner as prescribed by the Department. Such financial
5information shall include:
6        (1) a detailed summary of revenue from all sources
7    including, but not limited to, local, State, federal, and
8    private revenues, and any other funds received;
9        (2) operating expenses, capital expenditures, and cash
10    balances; and
11        (3) such other financial information that is relevant
12    to the provision of 9-1-1 services as determined by the
13    Department.
14    The emergency telephone system board, qualified
15governmental entity, or unit of local government is responsible
16for any costs associated with auditing such financial
17statements. The Department shall post the audited financial
18statements on the Department's website.
19    (c) Along with its audited financial statement, each
20emergency telephone system board, qualified governmental
21entity, or unit of local government receiving a grant under
22Section 15.4b of this Act shall include a report of the amount
23of grant moneys received and how the grant moneys were used. In
24case of a conflict between this requirement and the Grant
25Accountability and Transparency Act, or with the rules of the
26Governor's Office of Management and Budget adopted thereunder,

 

 

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1that Act and those rules shall control.
2    (d) If an emergency telephone system board or qualified
3governmental entity that receives funds from the Statewide
49-1-1 Fund fails to file the 9-1-1 system financial reports as
5required under this Section, the Department shall suspend and
6withhold monthly disbursements otherwise due to the emergency
7telephone system board or qualified governmental entity under
8Section 30 of this Act until the report is filed.
9    Any monthly disbursements that have been withheld for 12
10months or more shall be forfeited by the emergency telephone
11system board or qualified governmental entity and shall be
12distributed proportionally by the Department to compliant
13emergency telephone system boards and qualified governmental
14entities that receive funds from the Statewide 9-1-1 Fund.
15    Any emergency telephone system board or qualified
16governmental entity not in compliance with this Section shall
17be ineligible to receive any consolidation grant or
18infrastructure grant issued under this Act.
19    (e) The Department may adopt emergency rules necessary to
20implement the provisions of this Section.
 
21    (50 ILCS 750/45 new)
22    Sec. 45. Wireless Carrier Reimbursement Fund.
23    (a) A special fund in the State treasury known as the
24Wireless Carrier Reimbursement Fund, which was created
25previously under Section 30 of the Wireless Emergency Telephone

 

 

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1Safety Act, shall continue in existence without interruption
2notwithstanding the repeal of that Act. Moneys in the Wireless
3Carrier Reimbursement Fund may be used, subject to
4appropriation, only (i) to reimburse wireless carriers for all
5of their costs incurred in complying with the applicable
6provisions of Federal Communications Commission wireless
7enhanced 9-1-1 service mandates, and (ii) to pay the reasonable
8and necessary costs of the Illinois Commerce Commission in
9exercising its rights, duties, powers, and functions under this
10Act. This reimbursement to wireless carriers may include, but
11need not be limited to, the cost of designing, upgrading,
12purchasing, leasing, programming, installing, testing, and
13maintaining necessary data, hardware, and software and
14associated operating and administrative costs and overhead.
15    (b) To recover costs from the Wireless Carrier
16Reimbursement Fund, the wireless carrier shall submit sworn
17invoices to the Illinois Commerce Commission. In no event may
18any invoice for payment be approved for (i) costs that are not
19related to compliance with the requirements established by the
20wireless enhanced 9-1-1 mandates of the Federal Communications
21Commission, or (ii) costs with respect to any wireless enhanced
229-1-1 service that is not operable at the time the invoice is
23submitted.
24    (c) If in any month the total amount of invoices submitted
25to the Illinois Commerce Commission and approved for payment
26exceeds the amount available in the Wireless Carrier

 

 

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1Reimbursement Fund, wireless carriers that have invoices
2approved for payment shall receive a pro-rata share of the
3amount available in the Wireless Carrier Reimbursement Fund
4based on the relative amount of their approved invoices
5available that month, and the balance of the payments shall be
6carried into the following months until all of the approved
7payments are made.
8    (d) A wireless carrier may not receive payment from the
9Wireless Carrier Reimbursement Fund for its costs of providing
10wireless enhanced 9-1-1 services in an area when a unit of
11local government or emergency telephone system board provides
12wireless 9-1-1 services in that area and was imposing and
13collecting a wireless carrier surcharge prior to July 1, 1998.
14    (e) The Illinois Commerce Commission shall maintain
15detailed records of all receipts and disbursements and shall
16provide an annual accounting of all receipts and disbursements
17to the Auditor General.
18    (f) The Illinois Commerce Commission must annually review
19the balance in the Wireless Carrier Reimbursement Fund as of
20June 30 of each year and shall direct the Comptroller to
21transfer into the Statewide 9-1-1 Fund for distribution in
22accordance with subsection (b) of Section 30 of this Act any
23amount in excess of outstanding invoices as of June 30 of each
24year.
25    (g) The Illinois Commerce Commission shall adopt rules to
26govern the reimbursement process.
 

 

 

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

 

 

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1    (50 ILCS 750/55 new)
2    Sec. 55. Public disclosure. Because of the highly
3competitive nature of the wireless telephone industry, public
4disclosure of information about surcharge moneys paid by
5wireless carriers could have the effect of stifling competition
6to the detriment of the public and the delivery of wireless
79-1-1 services. Therefore, the Illinois Commerce Commission,
8the Department of State Police, governmental agencies, and
9individuals with access to that information shall take
10appropriate steps to prevent public disclosure of this
11information. Information and data supporting the amount and
12distribution of surcharge moneys collected and remitted by an
13individual wireless carrier shall be deemed exempt information
14for purposes of the Freedom of Information Act and shall not be
15publicly disclosed. The gross amount paid by all carriers shall
16not be deemed exempt and may be publicly disclosed.
 
17    (50 ILCS 750/60 new)
18    Sec. 60. Interconnected VoIP providers. Interconnected
19VoIP providers in Illinois shall be subject in a competitively
20neutral manner to the same provisions of this Act as are
21provided for telecommunications carriers. Interconnected VoIP
22services shall not be considered an intrastate
23telecommunications service for the purposes of this Act in a
24manner inconsistent with federal law or Federal Communications
25Commission regulation.
 

 

 

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1    (50 ILCS 750/2.01 rep.)
2    (50 ILCS 750/2.02 rep.)
3    (50 ILCS 750/2.03 rep.)
4    (50 ILCS 750/2.04 rep.)
5    (50 ILCS 750/2.05 rep.)
6    (50 ILCS 750/2.06 rep.)
7    (50 ILCS 750/2.06a rep.)
8    (50 ILCS 750/2.07 rep.)
9    (50 ILCS 750/2.08 rep.)
10    (50 ILCS 750/2.09 rep.)
11    (50 ILCS 750/2.10 rep.)
12    (50 ILCS 750/2.11 rep.)
13    (50 ILCS 750/2.12 rep.)
14    (50 ILCS 750/2.13 rep.)
15    (50 ILCS 750/2.14 rep.)
16    (50 ILCS 750/2.15 rep.)
17    (50 ILCS 750/2.16 rep.)
18    (50 ILCS 750/2.17 rep.)
19    (50 ILCS 750/2.18 rep.)
20    (50 ILCS 750/2.19 rep.)
21    (50 ILCS 750/2.20 rep.)
22    (50 ILCS 750/2.21 rep.)
23    (50 ILCS 750/2.22 rep.)
24    (50 ILCS 750/2.23 rep.)
25    (50 ILCS 750/2.24 rep.)

 

 

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1    (50 ILCS 750/2.25 rep.)
2    (50 ILCS 750/2.26 rep.)
3    (50 ILCS 750/2.27 rep.)
4    (50 ILCS 750/2.28 rep.)
5    (50 ILCS 750/9 rep.)
6    Section 2-15. The Emergency Telephone System Act is amended
7by repealing Sections 2.01, 2.02, 2.03, 2.04, 2.05, 2.06,
82.06a, 2.07, 2.08, 2.09, 2.10, 2.11, 2.12, 2.13, 2.14, 2.15,
92.16, 2.17, 2.18, 2.19, 2.20, 2.21, 2.22, 2.23, 2.24, 2.25,
102.26, 2.27, 2.28, and 9.
 
11    Section 2-25. The Prepaid Wireless 9-1-1 Surcharge Act is
12amended by changing Section 20 as follows:
 
13    (50 ILCS 753/20)
14    Sec. 20. Administration of prepaid wireless 9-1-1
15surcharge.
16    (a) In the administration and enforcement of this Act, the
17provisions of Sections 2a, 2b, 2c, 3, 4, 5, 5a, 5b, 5c, 5d, 5e,
185f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, and 12 of the
19Retailers' Occupation Tax Act that are not inconsistent with
20this Act, and Section 3-7 of the Uniform Penalty and Interest
21Act shall apply, as far as practicable, to the subject matter
22of this Act to the same extent as if those provisions were
23included in this Act. References to "taxes" in these
24incorporated Sections shall be construed to apply to the

 

 

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

 

 

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1any amounts which were erroneously paid to a different taxing
2body. The amount paid to the Statewide 9-1-1 Fund Wireless
3Service Emergency Fund shall not include any amount equal to
4the amount of refunds made during the second preceding calendar
5month by the Department of Revenue to retailers under this Act
6or any amount that the Department determines is necessary to
7offset any amounts which were payable to a different taxing
8body but were erroneously paid to the Statewide 9-1-1 Fund
9Wireless Service Emergency Fund. The Department of State Police
10Illinois Commerce Commission shall distribute the funds in the
11same proportion as they are distributed under the Wireless
12Emergency Telephone Safety Act and the funds may only be used
13in accordance with Section 30 the provisions of the Wireless
14Emergency Telephone Safety Act. The Department may deduct an
15amount, not to exceed 3% during the first year following the
16effective date of this Act and not to exceed 2% during every
17year thereafter of remitted charges, to be transferred into the
18Tax Compliance and Administration Fund to reimburse the
19Department for its direct costs of administering the collection
20and remittance of prepaid wireless 9-1-1 surcharges.
21    (d) The Department shall administer the collection of all
229-1-1 surcharges and may adopt and enforce reasonable rules
23relating to the administration and enforcement of the
24provisions of this Act as may be deemed expedient. The
25Department shall require all surcharges collected under this
26Act to be reported on existing forms or combined forms,

 

 

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

 

 

SB0096 Enrolled- 187 -LRB099 04130 HAF 24150 b

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

 
22    Section 3-99. Effective date. This Act takes effect upon
23becoming law, except that Article II of this Act takes effect
24on January 1, 2016.