Full Text of HB5961 95th General Assembly
HB5961ham001 95TH GENERAL ASSEMBLY
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Telecommunications Committee
Adopted in House Comm. on Mar 13, 2008
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09500HB5961ham001 |
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LRB095 20018 MJR 46881 a |
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| AMENDMENT TO HOUSE BILL 5961
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| AMENDMENT NO. ______. Amend House Bill 5961 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Emergency Telephone System Act is amended | 5 |
| by changing Section 15.3 as follows:
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| (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
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| Sec. 15.3. Surcharge. | 8 |
| (a) The corporate authorities of any municipality or any
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| county may, subject to the limitations of subsections (c), (d), | 10 |
| and (h),
and in addition to any tax levied pursuant to the | 11 |
| Simplified Municipal
Telecommunications Tax Act, impose a | 12 |
| monthly surcharge on billed subscribers
of network connection | 13 |
| provided by telecommunication carriers engaged in the
business | 14 |
| of transmitting messages by means of electricity originating | 15 |
| within
the corporate limits of the municipality or county | 16 |
| imposing the surcharge at
a rate per network connection |
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LRB095 20018 MJR 46881 a |
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| determined in accordance with subsection (c) , however the | 2 |
| monthly surcharge shall not apply to a network connection | 3 |
| provided for use with pay telephone services .
Provided, | 4 |
| however, that where multiple voice grade communications | 5 |
| channels
are connected between the subscriber's premises and a | 6 |
| public switched network
through private branch exchange (PBX) | 7 |
| or centrex type service, a municipality
imposing a surcharge at | 8 |
| a rate per network connection, as determined in
accordance with | 9 |
| this Act, shall impose 5 such surcharges per network
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| connection, as determined in accordance with subsections (a) | 11 |
| and (d) of
Section 2.12 of this Act.
For mobile | 12 |
| telecommunications services, if a surcharge is imposed it shall | 13 |
| be
imposed based upon the municipality or county that | 14 |
| encompasses the customer's
place of primary use as defined in | 15 |
| the Mobile Telecommunications Sourcing
Conformity Act. A | 16 |
| municipality may enter into an intergovernmental
agreement | 17 |
| with any county in which it is partially located, when the | 18 |
| county
has adopted an ordinance to impose a surcharge as | 19 |
| provided in subsection
(c), to include that portion of the | 20 |
| municipality lying outside the county
in that county's | 21 |
| surcharge referendum. If the county's surcharge
referendum is | 22 |
| approved, the portion of the municipality identified in the
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| intergovernmental agreement shall automatically be | 24 |
| disconnected from the
county in which it lies and connected to | 25 |
| the county which approved the
referendum for purposes of a | 26 |
| surcharge on telecommunications carriers.
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LRB095 20018 MJR 46881 a |
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| (b) For purposes of computing the surcharge imposed by | 2 |
| subsection (a),
the network connections to which the surcharge | 3 |
| shall apply shall be those
in-service network connections, | 4 |
| other than those network connections
assigned to the | 5 |
| municipality or county, where the service address for each
such | 6 |
| network connection or connections is located within the | 7 |
| corporate
limits of the municipality or county levying the | 8 |
| surcharge. Except for mobile
telecommunication services, the | 9 |
| "service address" shall mean the location of
the primary use of | 10 |
| the network connection or connections. For mobile
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| telecommunication services, "service address" means the | 12 |
| customer's place of
primary use as defined in the Mobile | 13 |
| Telecommunications Sourcing Conformity
Act. With respect to | 14 |
| network connections provided for
use with pay telephone | 15 |
| services for which there is no billed subscriber,
the | 16 |
| telecommunications carrier providing the network connection | 17 |
| shall be
deemed to be its own billed subscriber for purposes of | 18 |
| applying the surcharge.
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| (c) Upon the passage of an ordinance to impose a surcharge | 20 |
| under this
Section the clerk of the municipality or county | 21 |
| shall certify the question
of whether the surcharge may be | 22 |
| imposed to the proper election authority
who shall submit the | 23 |
| public question to the electors of the municipality or
county | 24 |
| in accordance with the general election law; provided that such
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| question shall not be submitted at a consolidated primary | 26 |
| election. The
public question shall be in substantially the |
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LRB095 20018 MJR 46881 a |
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| following form:
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| -------------------------------------------------------------
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| Shall the county (or city, village
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| or incorporated town) of ..... impose YES
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| a surcharge of up to ...˘ per month per
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| network connection, which surcharge will
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| be added to the monthly bill you receive ------------------
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| for telephone or telecommunications
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| charges, for the purpose of installing
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| (or improving) a 9-1-1 Emergency NO
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| Telephone System?
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| -------------------------------------------------------------
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| If a majority of the votes cast upon the public question | 14 |
| are in favor
thereof, the surcharge shall be imposed.
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| However, if a Joint Emergency Telephone System Board is to | 16 |
| be created
pursuant to an intergovernmental agreement under | 17 |
| Section 15.4, the
ordinance to impose the surcharge shall be | 18 |
| subject to the approval of a
majority of the total number of | 19 |
| votes cast upon the public question by the
electors of all of | 20 |
| the municipalities or counties, or combination thereof,
that | 21 |
| are parties to the intergovernmental agreement.
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| The referendum requirement of this subsection (c) shall not | 23 |
| apply
to any municipality with a population over 500,000 or to | 24 |
| any
county in which a proposition as to whether a sophisticated | 25 |
| 9-1-1 Emergency
Telephone System should be installed in the | 26 |
| county, at a cost not to
exceed a specified monthly amount per |
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LRB095 20018 MJR 46881 a |
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| network connection, has previously
been approved by a majority | 2 |
| of the electors of the county voting on the
proposition at an | 3 |
| election conducted before the effective date of this
amendatory | 4 |
| Act of 1987.
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| (d) A county may not impose a surcharge, unless requested | 6 |
| by a
municipality, in any incorporated area which has | 7 |
| previously approved a
surcharge as provided in subsection (c) | 8 |
| or in any incorporated area where
the corporate authorities of | 9 |
| the municipality have previously entered into
a binding | 10 |
| contract or letter of intent with a telecommunications carrier | 11 |
| to
provide sophisticated 9-1-1 service through municipal | 12 |
| funds.
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| (e) A municipality or county may at any time by ordinance | 14 |
| change the
rate of the surcharge imposed under this Section if | 15 |
| the new rate does not
exceed the rate specified in the | 16 |
| referendum held pursuant to subsection (c).
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| (f) The surcharge authorized by this Section shall be | 18 |
| collected from
the subscriber by the telecommunications | 19 |
| carrier providing the subscriber
the network connection as a | 20 |
| separately stated item on the subscriber's bill.
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| (g) The amount of surcharge collected by the | 22 |
| telecommunications carrier
shall be paid to the particular | 23 |
| municipality or county or Joint Emergency
Telephone System | 24 |
| Board not later than 30 days after the surcharge is
collected, | 25 |
| net of any network or other 9-1-1 or sophisticated 9-1-1 system
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| charges then due the particular telecommunications carrier, as |
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| shown on an
itemized bill. The telecommunications carrier | 2 |
| collecting the surcharge
shall also be entitled to deduct 3% of | 3 |
| the gross amount of surcharge
collected to reimburse the | 4 |
| telecommunications carrier for the expense of
accounting and | 5 |
| collecting the surcharge.
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| (h) Except as expressly provided in subsection (a) of this | 7 |
| Section, a
municipality with a population over 500,000 may not | 8 |
| impose a
monthly surcharge in excess of $2.50
per network | 9 |
| connection.
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| (i) Any municipality or county or joint emergency telephone | 11 |
| system
board that has imposed a surcharge pursuant to this | 12 |
| Section prior to the
effective date of this amendatory Act of | 13 |
| 1990 shall hereafter impose the
surcharge in accordance with | 14 |
| subsection (b) of this Section.
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| (j) The corporate authorities of any municipality or county | 16 |
| may issue,
in accordance with Illinois law, bonds, notes or | 17 |
| other obligations secured
in whole or in part by the proceeds | 18 |
| of the surcharge described in this
Section. Notwithstanding any | 19 |
| change in law subsequent to the issuance of
any bonds, notes or | 20 |
| other obligations secured by the surcharge, every
municipality | 21 |
| or county issuing such bonds, notes or other obligations shall
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| be authorized to impose the surcharge as though the laws | 23 |
| relating to the
imposition of the surcharge in effect at the | 24 |
| time of issuance of the
bonds, notes or other obligations were | 25 |
| in full force and effect until the
bonds, notes or other | 26 |
| obligations are paid in full.
The State of Illinois pledges and |
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LRB095 20018 MJR 46881 a |
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| agrees that it will not limit or alter
the rights and powers | 2 |
| vested in municipalities and counties by this Section
to impose | 3 |
| the surcharge so as to impair the terms of or affect the
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| security for bonds, notes or other obligations secured in whole | 5 |
| or in part
with the proceeds of the surcharge described in this | 6 |
| Section.
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| (k) Any surcharge collected by or imposed on a | 8 |
| telecommunications
carrier pursuant to this Section shall be | 9 |
| held to be a special fund in
trust for the municipality, county | 10 |
| or Joint Emergency Telephone Board
imposing the surcharge. | 11 |
| Except for the 3% deduction provided in subsection
(g) above, | 12 |
| the special fund shall not be subject to the claims of
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| creditors of the telecommunication carrier.
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| (Source: P.A. 95-331, eff. 8-21-07; 95-698, eff. 1-1-08.)
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| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.".
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