Full Text of HB1059 95th General Assembly
HB1059eng 95TH GENERAL ASSEMBLY
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HB1059 Engrossed |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Emergency Telephone System Act is amended by | 5 |
| 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.
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| (a) The corporate authorities of any municipality or any
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| county may, subject to the limitations of subsections (c), (d), | 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 | 17 |
| determined in accordance with subsection (c).
Provided, | 18 |
| however, that where multiple voice grade communications | 19 |
| channels
are connected between the subscriber's premises and a | 20 |
| public switched network
through private branch exchange (PBX) | 21 |
| or centrex type service, a municipality
imposing a surcharge at | 22 |
| a rate per network connection, as determined in
accordance with | 23 |
| this Act, shall impose 5 such surcharges per network
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| connection, as determined in accordance with subsections (a) | 2 |
| and (d) of
Section 2.12 of this Act.
For mobile | 3 |
| telecommunications services, if a surcharge is imposed it shall | 4 |
| be
imposed based upon the municipality or county that | 5 |
| encompasses the customer's
place of primary use as defined in | 6 |
| the Mobile Telecommunications Sourcing
Conformity Act. A | 7 |
| municipality may enter into an intergovernmental
agreement | 8 |
| with any county in which it is partially located, when the | 9 |
| county
has adopted an ordinance to impose a surcharge as | 10 |
| provided in subsection
(c), to include that portion of the | 11 |
| municipality lying outside the county
in that county's | 12 |
| surcharge referendum. If the county's surcharge
referendum is | 13 |
| approved, the portion of the municipality identified in the
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| intergovernmental agreement shall automatically be | 15 |
| disconnected from the
county in which it lies and connected to | 16 |
| the county which approved the
referendum for purposes of a | 17 |
| surcharge on telecommunications carriers.
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| (b) For purposes of computing the surcharge imposed by | 19 |
| subsection (a),
the network connections to which the surcharge | 20 |
| shall apply shall be those
in-service network connections, | 21 |
| other than those network connections
assigned to the | 22 |
| municipality or county, where the service address for each
such | 23 |
| network connection or connections is located within the | 24 |
| corporate
limits of the municipality or county levying the | 25 |
| surcharge. Except for mobile
telecommunication services, the | 26 |
| "service address" shall mean the location of
the primary use of |
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| the network connection or connections. For mobile
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| telecommunication services, "service address" means the | 3 |
| customer's place of
primary use as defined in the Mobile | 4 |
| Telecommunications Sourcing Conformity
Act. With respect to | 5 |
| network connections provided for
use with pay telephone | 6 |
| services for which there is no billed subscriber,
the | 7 |
| telecommunications carrier providing the network connection | 8 |
| shall be
deemed to be its own billed subscriber for purposes of | 9 |
| applying the surcharge.
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| (c) Upon the passage of an ordinance to impose a surcharge | 11 |
| under this
Section the clerk of the municipality or county | 12 |
| shall certify the question
of whether the surcharge may be | 13 |
| imposed to the proper election authority
who shall submit the | 14 |
| public question to the electors of the municipality or
county | 15 |
| in accordance with the general election law; provided that such
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| question shall not be submitted at a consolidated primary | 17 |
| election. The
public question shall be in substantially the | 18 |
| 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 | 5 |
| are in favor
thereof, the surcharge shall be imposed.
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| However, if a Joint Emergency Telephone System Board is to | 7 |
| be created
pursuant to an intergovernmental agreement under | 8 |
| Section 15.4, the
ordinance to impose the surcharge shall be | 9 |
| subject to the approval of a
majority of the total number of | 10 |
| votes cast upon the public question by the
electors of all of | 11 |
| the municipalities or counties, or combination thereof,
that | 12 |
| are parties to the intergovernmental agreement.
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| The referendum requirement of this subsection (c) shall not | 14 |
| apply
to any municipality with a population over 500,000 or to | 15 |
| any
county in which a proposition as to whether a sophisticated | 16 |
| 9-1-1 Emergency
Telephone System should be installed in the | 17 |
| county, at a cost not to
exceed a specified monthly amount per | 18 |
| network connection, has previously
been approved by a majority | 19 |
| of the electors of the county voting on the
proposition at an | 20 |
| election conducted before the effective date of this
amendatory | 21 |
| Act of 1987.
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| (d) Whenever a petition signed by a number of voters equal | 23 |
| to at least 1% of the votes cast for Governor in the preceding | 24 |
| gubernatorial election in the municipality or county is | 25 |
| presented to the clerk of the municipality or county requesting | 26 |
| the submission of the Heartsaver Referendum to the voters of |
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| the municipality or county it shall be the duty of the proper | 2 |
| election officials to submit the question of public policy to | 3 |
| voters at the next regular election in substantially the | 4 |
| following form:
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| Shall the county (or municipality) of... impose, for a | 6 |
| period of 2 years, a surcharge of ten cents per month per | 7 |
| network connection, which surcharge will be added to the | 8 |
| monthly bill you receive for telephone charges, for the | 9 |
| purpose of purchasing and maintaining life-saving | 10 |
| automated external defibrillators (AEDs) in schools, | 11 |
| parks, and other public places?
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| The election authority must record the votes as "Yes" or | 13 |
| "No".
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| (e) If a majority of the electors in the municipality or | 15 |
| county voting on the proposition vote in favor thereof, the | 16 |
| surcharge shall be deemed adopted. The surcharge collected | 17 |
| shall be used solely for the purchase and maintenance of AEDs | 18 |
| in schools, parks, and public places and shall extend for no | 19 |
| more than 2 years.
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| (f)
(d) A county may not impose a surcharge, unless | 21 |
| requested 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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| funds.
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| (g)
(e) A municipality or county may at any time by | 3 |
| ordinance change the
rate of the surcharge imposed under this | 4 |
| Section if the new rate does not
exceed the rate specified in | 5 |
| the referendum held pursuant to subsection (c).
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| (h)
(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.
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| (i)
(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 system
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| charges then due the particular telecommunications carrier, as | 16 |
| shown on an
itemized bill. The telecommunications carrier | 17 |
| collecting the surcharge
shall also be entitled to deduct 3% of | 18 |
| the gross amount of surcharge
collected to reimburse the | 19 |
| telecommunications carrier for the expense of
accounting and | 20 |
| collecting the surcharge.
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| (j)
(h) Except as expressly provided in subsection (a) of | 22 |
| this Section, a
municipality with a population over 500,000 may | 23 |
| not impose a
monthly surcharge in excess of $1.25 per network | 24 |
| connection.
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| (k)
(i) Any municipality or county or joint emergency | 26 |
| telephone system
board that has imposed a surcharge pursuant to |
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| this Section prior to the
effective date of this amendatory Act | 2 |
| of 1990 shall hereafter impose the
surcharge in accordance with | 3 |
| subsection (b) of this Section.
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| (l)
(j) The corporate authorities of any municipality or | 5 |
| county may issue,
in accordance with Illinois law, bonds, notes | 6 |
| or other obligations secured
in whole or in part by the | 7 |
| proceeds of the surcharge described in this
Section. | 8 |
| Notwithstanding any change in law subsequent to the issuance of
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| any bonds, notes or other obligations secured by the surcharge, | 10 |
| every
municipality or county issuing such bonds, notes or other | 11 |
| obligations shall
be authorized to impose the surcharge as | 12 |
| though the laws relating to the
imposition of the surcharge in | 13 |
| effect at the time of issuance of the
bonds, notes or other | 14 |
| obligations were in full force and effect until the
bonds, | 15 |
| notes or other obligations are paid in full.
The State of | 16 |
| Illinois pledges and agrees that it will not limit or alter
the | 17 |
| rights and powers vested in municipalities and counties by this | 18 |
| Section
to impose the surcharge so as to impair the terms of or | 19 |
| affect the
security for bonds, notes or other obligations | 20 |
| secured in whole or in part
with the proceeds of the surcharge | 21 |
| described in this Section.
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| (m)
(k) Any surcharge collected by or imposed on a | 23 |
| telecommunications
carrier pursuant to this Section shall be | 24 |
| held to be a special fund in
trust for the municipality, county | 25 |
| or Joint Emergency Telephone Board
imposing the surcharge. | 26 |
| Except for the 3% deduction provided in subsection
(g) above, |
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| the special fund shall not be subject to the claims of
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| creditors of the telecommunication carrier.
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| (Source: P.A. 92-474, eff. 8-1-02; 92-526, eff. 1-1-03; 92-557, | 4 |
| eff. 1-1-03;
revised 10-2-02.)
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