Full Text of HB3940 103rd General Assembly
HB3940eng 103RD GENERAL ASSEMBLY |
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| 1 | | An Act concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Emergency Telephone System Act is amended | 5 | | by changing Sections 15.3, 15.3a, 15.5, and 99 as follows:
| 6 | | (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
| 7 | | (Section scheduled to be repealed on December 31, 2023)
| 8 | | Sec. 15.3. Local non-wireless surcharge. | 9 | | (a) Except as provided in subsection (l) of this Section, | 10 | | the corporate authorities of any municipality or any
county | 11 | | may, subject to the limitations of subsections (c), (d), and | 12 | | (h),
and in addition to any tax levied pursuant to the | 13 | | Simplified Municipal
Telecommunications Tax Act, impose a | 14 | | monthly surcharge on billed subscribers
of network connection | 15 | | provided by telecommunication carriers engaged in the
business | 16 | | of transmitting messages by means of electricity originating | 17 | | within
the corporate limits of the municipality or county | 18 | | imposing the surcharge at
a rate per network connection | 19 | | determined in accordance with subsection (c), however the | 20 | | monthly surcharge shall not apply to a network connection | 21 | | provided for use with pay telephone services.
Provided, | 22 | | however, that where multiple voice grade communications | 23 | | channels
are connected between the subscriber's premises and a |
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| 1 | | public switched network
through private branch exchange (PBX) | 2 | | or centrex type service, a municipality
imposing a surcharge | 3 | | at a rate per network connection, as determined in
accordance | 4 | | with this Act, shall impose: | 5 | | (i) in a municipality with a population of 500,000 or | 6 | | less or in any county, 5 such surcharges per network
| 7 | | connection, as defined under Section 2 of this Act, for | 8 | | both regular service and advanced service provisioned | 9 | | trunk lines; | 10 | | (ii) in a municipality with a population, prior to | 11 | | March 1, 2010, of 500,000 or more, 5 surcharges per | 12 | | network connection, as defined under Section 2 of this | 13 | | Act, for both regular service and advanced
service | 14 | | provisioned trunk lines; | 15 | | (iii) in a municipality with a population, as of March | 16 | | 1, 2010, of 500,000 or more, 5 surcharges per network | 17 | | connection, as defined under Section 2 of this Act, for | 18 | | regular service
provisioned trunk lines, and 12 surcharges | 19 | | per network connection, as defined under Section 2 of this | 20 | | Act, for advanced service provisioned trunk
lines, except | 21 | | where an advanced service provisioned trunk line supports | 22 | | at least 2 but fewer
than 23 simultaneous voice grade | 23 | | calls ("VGC's"), a telecommunication carrier may
elect to | 24 | | impose fewer than 12 surcharges per trunk line as provided | 25 | | in subsection (iv)
of this Section; or | 26 | | (iv) for an advanced service provisioned trunk line |
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| 1 | | connected between the
subscriber's premises and the public | 2 | | switched network through a P.B.X., where the advanced
| 3 | | service provisioned trunk line is capable of transporting | 4 | | at least 2 but fewer than 23
simultaneous VGC's per trunk | 5 | | line, the telecommunications carrier collecting the | 6 | | surcharge
may elect to impose surcharges in accordance | 7 | | with the table provided in this Section, without limiting
| 8 | | any telecommunications carrier's obligations to otherwise | 9 | | keep and maintain records. Any
telecommunications carrier | 10 | | electing to impose fewer than 12 surcharges per an | 11 | | advanced
service provisioned trunk line shall keep and | 12 | | maintain records adequately to demonstrate the
VGC | 13 | | capability of each advanced service provisioned trunk line | 14 | | with fewer than 12
surcharges imposed, provided that 12 | 15 | | surcharges shall be imposed on an advanced service
| 16 | | provisioned trunk line regardless of the VGC capability | 17 | | where a telecommunications carrier
cannot demonstrate the | 18 | | VGC capability of the advanced service provisioned trunk | 19 | | line.
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20 | | Facility | VGC's | 911 Surcharges | |
21 | | Advanced service provisioned trunk line | 18-23 | 12 | |
22 | | Advanced service provisioned trunk line | 12-17 | 10 | |
23 | | Advanced service provisioned trunk line | 2-11 | 8 |
| 24 | | Subsections (i), (ii), (iii), and (iv) are not intended to |
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| 1 | | make any change in the meaning of this Section, but are | 2 | | intended to remove possible ambiguity, thereby confirming the | 3 | | intent of paragraph (a) as it existed prior to and following | 4 | | the effective date of this amendatory Act of the 97th General | 5 | | Assembly. | 6 | | For mobile telecommunications services, if a surcharge is | 7 | | imposed it shall be
imposed based upon the municipality or | 8 | | county that encompasses the customer's
place of primary use as | 9 | | defined in the Mobile Telecommunications Sourcing
Conformity | 10 | | Act. A municipality may enter into an intergovernmental
| 11 | | agreement with any county in which it is partially located, | 12 | | when the county
has adopted an ordinance to impose a surcharge | 13 | | as provided in subsection
(c), to include that portion of the | 14 | | municipality lying outside the county
in that county's | 15 | | surcharge referendum. If the county's surcharge
referendum is | 16 | | approved, the portion of the municipality identified in the
| 17 | | intergovernmental agreement shall automatically be | 18 | | disconnected from the
county in which it lies and connected to | 19 | | the county which approved the
referendum for purposes of a | 20 | | surcharge on telecommunications carriers.
| 21 | | (b) For purposes of computing the surcharge imposed by | 22 | | subsection (a),
the network connections to which the surcharge | 23 | | shall apply shall be those
in-service network connections, | 24 | | other than those network connections
assigned to the | 25 | | municipality or county, where the service address for each
| 26 | | such network connection or connections is located within the |
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| 1 | | corporate
limits of the municipality or county levying the | 2 | | surcharge. Except for mobile
telecommunication services, the | 3 | | "service address" shall mean the location of
the primary use | 4 | | of the network connection or connections. For mobile
| 5 | | telecommunication services, "service address" means the | 6 | | customer's place of
primary use as defined in the Mobile | 7 | | Telecommunications Sourcing Conformity
Act.
| 8 | | (c) Upon the passage of an ordinance to impose a surcharge | 9 | | under this
Section the clerk of the municipality or county | 10 | | shall certify the question
of whether the surcharge may be | 11 | | imposed to the proper election authority
who shall submit the | 12 | | public question to the electors of the municipality or
county | 13 | | in accordance with the general election law; provided that | 14 | | such
question shall not be submitted at a consolidated primary | 15 | | election. The
public question shall be in substantially the | 16 | | following form:
| 17 | | -------------------------------------------------------------
| 18 | | Shall the county (or city, village
| 19 | | or incorporated town) of ..... impose YES
| 20 | | a surcharge of up to ...˘ per month per
| 21 | | network connection, which surcharge will
| 22 | | be added to the monthly bill you receive ------------------
| 23 | | for telephone or telecommunications
| 24 | | charges, for the purpose of installing
| 25 | | (or improving) a 9-1-1 Emergency NO
| 26 | | Telephone System?
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| 1 | | -------------------------------------------------------------
| 2 | | If a majority of the votes cast upon the public question | 3 | | are in favor
thereof, the surcharge shall be imposed.
| 4 | | However, if a Joint Emergency Telephone System Board is to | 5 | | be created
pursuant to an intergovernmental agreement under | 6 | | Section 15.4, the
ordinance to impose the surcharge shall be | 7 | | subject to the approval of a
majority of the total number of | 8 | | votes cast upon the public question by the
electors of all of | 9 | | the municipalities or counties, or combination thereof,
that | 10 | | are parties to the intergovernmental agreement.
| 11 | | The referendum requirement of this subsection (c) shall | 12 | | not apply
to any municipality with a population over 500,000 | 13 | | or to any
county in which a proposition as to whether a | 14 | | sophisticated 9-1-1 Emergency
Telephone System should be | 15 | | installed in the county, at a cost not to
exceed a specified | 16 | | monthly amount per network connection, has previously
been | 17 | | approved by a majority of the electors of the county voting on | 18 | | the
proposition at an election conducted before the effective | 19 | | date of this
amendatory Act of 1987.
| 20 | | (d) A county may not impose a surcharge, unless requested | 21 | | by a
municipality, in any incorporated area which has | 22 | | previously approved a
surcharge as provided in subsection (c) | 23 | | or in any incorporated area where
the corporate authorities of | 24 | | the municipality have previously entered into
a binding | 25 | | contract or letter of intent with a telecommunications carrier | 26 | | to
provide sophisticated 9-1-1 service through municipal |
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| 1 | | funds.
| 2 | | (e) A municipality or county may at any time by ordinance | 3 | | change the
rate of the surcharge imposed under this Section if | 4 | | the new rate does not
exceed the rate specified in the | 5 | | referendum held pursuant to subsection (c).
| 6 | | (f) The surcharge authorized by this Section shall be | 7 | | collected from
the subscriber by the telecommunications | 8 | | carrier providing the subscriber
the network connection as a | 9 | | separately stated item on the subscriber's bill.
| 10 | | (g) The amount of surcharge collected by the | 11 | | telecommunications carrier
shall be paid to the particular | 12 | | municipality or county or Joint Emergency
Telephone System | 13 | | Board not later than 30 days after the surcharge is
collected, | 14 | | net of any network or other 9-1-1 or sophisticated 9-1-1 | 15 | | system
charges then due the particular telecommunications | 16 | | carrier, as shown on an
itemized bill. The telecommunications | 17 | | carrier collecting the surcharge
shall also be entitled to | 18 | | deduct 3% of the gross amount of surcharge
collected to | 19 | | reimburse the telecommunications carrier for the expense of
| 20 | | accounting and collecting the surcharge.
| 21 | | (h) Except as expressly provided in subsection (a) of this | 22 | | Section, on or after the effective date of this amendatory Act | 23 | | of the 98th General Assembly and until December 31, 2017, a | 24 | | municipality with a population of 500,000 or more shall not | 25 | | impose a monthly surcharge per network connection in excess of | 26 | | the highest monthly surcharge imposed as of January 1, 2014 by |
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| 1 | | any county or municipality under subsection (c) of this | 2 | | Section. Beginning January 1, 2018 and until December 31, 2025 | 3 | | 2023 , a municipality with a population over 500,000 may not | 4 | | impose a monthly surcharge in excess of $5.00 per network | 5 | | connection. On or after January 1, 2026 2024 , a
municipality | 6 | | with a population over 500,000 may not impose a
monthly | 7 | | surcharge in excess of $2.50
per network connection.
| 8 | | (i) Any municipality or county or joint emergency | 9 | | telephone system
board that has imposed a surcharge pursuant | 10 | | to this Section prior to the
effective date of this amendatory | 11 | | Act of 1990 shall hereafter impose the
surcharge in accordance | 12 | | with subsection (b) of this Section.
| 13 | | (j) The corporate authorities of any municipality or | 14 | | county may issue,
in accordance with Illinois law, bonds, | 15 | | notes or other obligations secured
in whole or in part by the | 16 | | proceeds of the surcharge described in this
Section.
The State | 17 | | of Illinois pledges and agrees that it will not limit or alter
| 18 | | the rights and powers vested in municipalities and counties by | 19 | | this Section
to impose the surcharge so as to impair the terms | 20 | | of or affect the
security for bonds, notes or other | 21 | | obligations secured in whole or in part
with the proceeds of | 22 | | the surcharge described in this Section. The pledge and | 23 | | agreement set forth in this Section survive the termination of | 24 | | the surcharge under subsection (l) by virtue of the | 25 | | replacement of the surcharge monies guaranteed under Section | 26 | | 20; the State of Illinois pledges and agrees that it will not |
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| 1 | | limit or alter the rights vested in municipalities and | 2 | | counties to the surcharge replacement funds guaranteed under | 3 | | Section 20 so as to impair the terms of or affect the security | 4 | | for bonds, notes or other obligations secured in whole or in | 5 | | part with the proceeds of the surcharge described in this | 6 | | Section.
| 7 | | (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
| 13 | | creditors of the telecommunication carrier.
| 14 | | (l) Any surcharge imposed pursuant to this Section by a | 15 | | county or municipality, other than a municipality with a | 16 | | population in excess of 500,000, shall cease to be imposed on | 17 | | January 1, 2016. | 18 | | (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
| 19 | | (50 ILCS 750/15.3a) | 20 | | (Section scheduled to be repealed on December 31, 2023) | 21 | | Sec. 15.3a. Local wireless surcharge. | 22 | | (a) Notwithstanding any other provision of this Act, a | 23 | | unit of local government or emergency telephone system board | 24 | | providing wireless 9-1-1 service and imposing and collecting a | 25 | | wireless carrier surcharge prior to July 1, 1998 may continue |
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| 1 | | its practices of imposing and collecting its wireless carrier | 2 | | surcharge, but, except as provided in subsection (b) of this | 3 | | Section, in no event shall that monthly surcharge exceed $2.50 | 4 | | per commercial mobile radio service (CMRS) connection or | 5 | | in-service telephone number billed on a monthly basis. For | 6 | | mobile telecommunications services provided on and after | 7 | | August 1, 2002, any surcharge imposed shall be imposed based | 8 | | upon the municipality or county that encompasses the | 9 | | customer's place of primary use as defined in the Mobile | 10 | | Telecommunications Sourcing Conformity Act. | 11 | | (b) Until December 31, 2017, the corporate authorities of | 12 | | a municipality with a population in excess of 500,000 on the | 13 | | effective date of this amendatory Act of the 99th General | 14 | | Assembly may by ordinance continue to impose and collect a | 15 | | monthly surcharge per commercial mobile radio service (CMRS) | 16 | | connection or in-service telephone number billed on a monthly | 17 | | basis that does not exceed the highest monthly surcharge | 18 | | imposed as of January 1, 2014 by any county or municipality | 19 | | under subsection (c) of Section 15.3 of this Act. Beginning | 20 | | January 1, 2018, and until December 31, 2025 2023 , a | 21 | | municipality with a population in excess of 500,000 may by | 22 | | ordinance continue to impose and collect a monthly surcharge | 23 | | per commercial mobile radio service (CMRS) connection or | 24 | | in-service telephone number billed on a monthly basis that | 25 | | does not exceed $5.00. On or after January 1, 2026 2024 , the | 26 | | municipality may continue imposing and collecting its wireless |
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| 1 | | carrier surcharge as provided in and subject to the | 2 | | limitations of subsection (a) of this Section. | 3 | | (c) In addition to any other lawful purpose, a | 4 | | municipality with a population over 500,000 may use the moneys | 5 | | collected under this Section for any anti-terrorism or | 6 | | emergency preparedness measures, including, but not limited | 7 | | to, preparedness planning, providing local matching funds for | 8 | | federal or State grants, personnel training, and specialized | 9 | | equipment, including surveillance cameras, as needed to deal | 10 | | with natural and terrorist-inspired emergency situations or | 11 | | events.
| 12 | | (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
| 13 | | (50 ILCS 750/15.5)
| 14 | | (Section scheduled to be repealed on December 31, 2023)
| 15 | | Sec. 15.5. Grandfathered private residential switch or | 16 | | MLTS 9-1-1
service. | 17 | | (a) An entity that manages or operates a private | 18 | | residential switch service or shared residential or temporary | 19 | | residential MLTS service that was installed on or before | 20 | | February 16, 2020 shall ensure that the system is connected to | 21 | | the public switched telephone network so that calls to 9-1-1 | 22 | | route to the appropriate 9-1-1 jurisdiction and shall ensure | 23 | | that the system includes, but is not limited to, the | 24 | | capability to provide ANI, the extension number, and the ALI | 25 | | containing the street address of the 9-1-1 caller who |
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| 1 | | dispatchable location that is the
source
of the call to 9-1-1.
| 2 | | (b) The private residential switch or shared residential | 3 | | or temporary residential MLTS service operator is responsible | 4 | | for forwarding
end user ANI and ALI record information to the | 5 | | 9-1-1
system
provider according to the format, frequency, and | 6 | | procedures established by that
system provider.
| 7 | | (c) This Act does not apply to any MLTS telephone | 8 | | extension that uses radio
transmissions to convey electrical | 9 | | signals directly between the telephone
extension and the | 10 | | serving MLTS.
| 11 | | (d) An entity that violates this Section is guilty of a | 12 | | business
offense
and shall be fined not less than $1,000 and | 13 | | not more than $5,000.
| 14 | | (e) Nothing in this Section shall be
construed to preclude | 15 | | the Attorney General on behalf of the Illinois State Police or | 16 | | on
his or her own initiative, or any other interested person, | 17 | | from seeking
judicial relief, by mandamus, injunction, or | 18 | | otherwise, to compel compliance
with this Section.
| 19 | | (Source: P.A. 102-538, eff. 8-20-21; 102-983, eff. 5-27-22.)
| 20 | | (50 ILCS 750/99) | 21 | | (Section scheduled to be repealed on December 31, 2023) | 22 | | Sec. 99. Repealer. This Act is repealed on December 31, | 23 | | 2025 2023 .
| 24 | | (Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
| 25 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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