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92_HB5709eng HB5709 Engrossed LRB9213274BDdvB 1 AN ACT concerning telecommunications. 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 2.12 and 15.3 as follows: 6 (50 ILCS 750/2.12) (from Ch. 134, par. 32.12) 7 Sec. 2.12. (a) For the purposes of this Act, "network 8 connections" means the number of voice grade communications 9 channels directly between a subscriber and a 10 telecommunications carrier's public switched network, without 11 the intervention of any other telecommunications carrier's 12 switched network, which would be required to carry the 13 subscriber's inter-premises traffic and,which connection 14 either (1) is capable of providing access through the public 15 switched network to a 9-1-1 Emergency Telephone System if one 16 exists, or, (2) if no system exists at the time a surcharge 17 is imposed under Section 15.3 which would be capable of 18 providing access through the public switched network to the 19 local 9-1-1 Emergency Telephone System if one existed. 20 (b) For the purposes of this Act, no telecommunications 21 carrier providing facilities-based local exchange 22 telecommunications service prior to January 1, 1986 shall be 23 required to offer or provide sophisticated 9-1-1 system 24 features such as selective call routing in any area where 25 that carrier's local switching facility does not have the 26 capability to do so. 27 (c) For the purposes of this Act, "telecommunication 28 carrier" does not include a cellular or other mobile 29 communication carrier. 30 (d) Where multiple voice grade communication channels 31 are connected to a telecommunication carrier's public HB5709 Engrossed -2- LRB9213274BDdvB 1 switched network through a private branch exchange service 2 (PBX), there shall be determined to be one network connection 3 for each trunk line capable of transporting either the 4 subscriber's inter-premises traffic to the public switched 5 network or the subscriber's 9-1-1 calls to the public agency. 6 Where multiple voice grade communication channels are 7 connected to a telecommunication carrier's public switched 8 network through centrex type service, the number of network 9 connections shall be equal to the number of PBX trunk 10 equivalents for the subscriber's service, as determined by 11 reference to any generally applicable exchange access service 12 tariff filed by the subscriber's telecommunications carrier 13 with the Commission. This subsection is not intended to make 14 any change in the meaning of this Section, but is intended to 15 remove possible ambiguity, thereby confirming the intent of 16 paragraph (a) as it existed prior to and following the 17 effective date of this amendatory Act of 2002. 18 (Source: P.A. 86-101; 87-167.) 19 (50 ILCS 750/15.3) (from Ch. 134, par. 45.3) 20 (Text of Section before amendment by P.A. 92-474) 21 Sec. 15.3. (a) The corporate authorities of any 22 municipality or any county may, subject to the limitations of 23 subsections (c), (d), and (h), and in addition to any tax 24 levied pursuant to Section 8-11-2 of the Illinois Municipal 25 Code, impose a monthly surcharge on billed subscribers of 26 network connection provided by telecommunication carriers 27 engaged in the business of transmitting messages by means of 28 electricity originating within the corporate limits of the 29 municipality or county imposing the surcharge at a rate per 30 network connection determined in accordance with subsection 31 (c). Provided, however, that where multiple voice grade 32 communications channels are connected between the 33 subscriber's premises and a public switched network through HB5709 Engrossed -3- LRB9213274BDdvB 1 private branch exchange (PBX) or centrex type service, a 2 municipality imposing a surcharge at a rate per network 3 connection, as determined in accordance with this Act, shall 4 impose 5 such surcharges per network connection, as 5 determined in accordance with subsections (a) and (d) of 6 Section 2.12 of this Act. A municipality may enter into an 7 intergovernmental agreement with any county in which it is 8 partially located, when the county has adopted an ordinance 9 to impose a surcharge as provided in subsection (c), to 10 include that portion of the municipality lying outside the 11 county in that county's surcharge referendum. If the 12 county's surcharge referendum is approved, the portion of the 13 municipality identified in the intergovernmental agreement 14 shall automatically be disconnected from the county in which 15 it lies and connected to the county which approved the 16 referendum for purposes of a surcharge on telecommunications 17 carriers. 18 (b) For purposes of computing the surcharge imposed by 19 subsection (a), the network connections to which the 20 surcharge shall apply shall be those in-service network 21 connections, other than those network connections assigned to 22 the municipality or county, where the service address for 23 each such network connection or connections is located within 24 the corporate limits of the municipality or county levying 25 the surcharge. The "service address" shall mean the location 26 of the primary use of the network connection or connections. 27 With respect to network connections provided for use with pay 28 telephone services for which there is no billed subscriber, 29 the telecommunications carrier providing the network 30 connection shall be deemed to be its own billed subscriber 31 for purposes of applying the surcharge. 32 (c) Upon the passage of an ordinance to impose a 33 surcharge under this Section the clerk of the municipality or 34 county shall certify the question of whether the surcharge HB5709 Engrossed -4- LRB9213274BDdvB 1 may be imposed to the proper election authority who shall 2 submit the public question to the electors of the 3 municipality or county in accordance with the general 4 election law; provided that such question shall not be 5 submitted at a consolidated primary election. The public 6 question shall be in substantially the following form: 7 ------------------------------------------------------------- 8 Shall the county (or city, village 9 or incorporated town) of.....impose YES 10 a surcharge of up to...¢ per month per 11 network connection, which surcharge will 12 be added to the monthly bill you receive ------------------ 13 for telephone or telecommunications 14 charges, for the purpose of installing 15 (or improving) a 9-1-1 Emergency NO 16 Telephone System? 17 ------------------------------------------------------------- 18 If a majority of the votes cast upon the public question 19 are in favor thereof, the surcharge shall be imposed. 20 However, if a Joint Emergency Telephone System Board is 21 to be created pursuant to an intergovernmental agreement 22 under Section 15.4, the ordinance to impose the surcharge 23 shall be subject to the approval of a majority of the total 24 number of votes cast upon the public question by the electors 25 of all of the municipalities or counties, or combination 26 thereof, that are parties to the intergovernmental agreement. 27 The referendum requirement of this subsection (c) shall 28 not apply to any municipality with a population over 500,000 29 or to any county in which a proposition as to whether a 30 sophisticated 9-1-1 Emergency Telephone System should be 31 installed in the county, at a cost not to exceed a specified 32 monthly amount per network connection, has previously been 33 approved by a majority of the electors of the county voting 34 on the proposition at an election conducted before the HB5709 Engrossed -5- LRB9213274BDdvB 1 effective date of this amendatory Act of 1987. 2 (d) A county may not impose a surcharge, unless 3 requested by a municipality, in any incorporated area which 4 has previously approved a surcharge as provided in subsection 5 (c) or in any incorporated area where the corporate 6 authorities of the municipality have previously entered into 7 a binding contract or letter of intent with a 8 telecommunications carrier to provide sophisticated 9-1-1 9 service through municipal funds. 10 (e) A municipality or county may at any time by 11 ordinance change the rate of the surcharge imposed under this 12 Section if the new rate does not exceed the rate specified in 13 the referendum held pursuant to subsection (c). 14 (f) The surcharge authorized by this Section shall be 15 collected from the subscriber by the telecommunications 16 carrier providing the subscriber the network connection as a 17 separately stated item on the subscriber's bill. 18 (g) The amount of surcharge collected by the 19 telecommunications carrier shall be paid to the particular 20 municipality or county or Joint Emergency Telephone System 21 Board not later than 30 days after the surcharge is 22 collected, net of any network or other 9-1-1 or sophisticated 23 9-1-1 system charges then due the particular 24 telecommunications carrier, as shown on an itemized bill. 25 The telecommunications carrier collecting the surcharge shall 26 also be entitled to deduct 3% of the gross amount of 27 surcharge collected to reimburse the telecommunications 28 carrier for the expense of accounting and collecting the 29 surcharge. 30 (h) Except as expressly provided in subsection (a) of 31 this Section, a municipality with a population over 500,000 32 may not impose a monthly surcharge in excess of $1.25 per 33 network connection. 34 (i) Any municipality or county or joint emergency HB5709 Engrossed -6- LRB9213274BDdvB 1 telephone system board that has imposed a surcharge pursuant 2 to this Section prior to the effective date of this 3 amendatory Act of 1990 shall hereafter impose the surcharge 4 in accordance with subsection (b) of this Section. 5 (j) The corporate authorities of any municipality or 6 county may issue, in accordance with Illinois law, bonds, 7 notes or other obligations secured in whole or in part by the 8 proceeds of the surcharge described in this Section. 9 Notwithstanding any change in law subsequent to the issuance 10 of any bonds, notes or other obligations secured by the 11 surcharge, every municipality or county issuing such bonds, 12 notes or other obligations shall be authorized to impose the 13 surcharge as though the laws relating to the imposition of 14 the surcharge in effect at the time of issuance of the bonds, 15 notes or other obligations were in full force and effect 16 until the bonds, notes or other obligations are paid in full. 17 The State of Illinois pledges and agrees that it will not 18 limit or alter the rights and powers vested in municipalities 19 and counties by this Section to impose the surcharge so as to 20 impair the terms of or affect the security for bonds, notes 21 or other obligations secured in whole or in part with the 22 proceeds of the surcharge described in this Section. 23 (k) Any surcharge collected by or imposed on a 24 telecommunications carrier pursuant to this Section shall be 25 held to be a special fund in trust for the municipality, 26 county or Joint Emergency Telephone Board imposing the 27 surcharge. Except for the 3% deduction provided in 28 subsection (g) above, the special fund shall not be subject 29 to the claims of creditors of the telecommunication carrier. 30 (Source: P.A. 86-101; 86-1344.) 31 (Text of Section after amendment by P.A. 92-474) 32 Sec. 15.3. (a) The corporate authorities of any 33 municipality or any county may, subject to the limitations of 34 subsections (c), (d), and (h), and in addition to any tax HB5709 Engrossed -7- LRB9213274BDdvB 1 levied pursuant to Section 8-11-2 of the Illinois Municipal 2 Code, impose a monthly surcharge on billed subscribers of 3 network connection provided by telecommunication carriers 4 engaged in the business of transmitting messages by means of 5 electricity originating within the corporate limits of the 6 municipality or county imposing the surcharge at a rate per 7 network connection determined in accordance with subsection 8 (c). Provided, however, that where multiple voice grade 9 communications channels are connected between the 10 subscriber's premises and a public switched network through 11 private branch exchange (PBX) or centrex type service, a 12 municipality imposing a surcharge at a rate per network 13 connection, as determined in accordance with this Act, shall 14 impose 5 such surcharges per network connection, as 15 determined in accordance with subsections (a) and (d) of 16 Section 2.12 of this Act. For mobile telecommunications 17 services, if a surcharge is imposed it shall be imposed based 18 upon the municipality or county that encompasses the 19 customer's place of primary use as defined in the Mobile 20 Telecommunications Sourcing Conformity Act. A municipality 21 may enter into an intergovernmental agreement with any county 22 in which it is partially located, when the county has adopted 23 an ordinance to impose a surcharge as provided in subsection 24 (c), to include that portion of the municipality lying 25 outside the county in that county's surcharge referendum. If 26 the county's surcharge referendum is approved, the portion of 27 the municipality identified in the intergovernmental 28 agreement shall automatically be disconnected from the county 29 in which it lies and connected to the county which approved 30 the referendum for purposes of a surcharge on 31 telecommunications carriers. 32 (b) For purposes of computing the surcharge imposed by 33 subsection (a), the network connections to which the 34 surcharge shall apply shall be those in-service network HB5709 Engrossed -8- LRB9213274BDdvB 1 connections, other than those network connections assigned to 2 the municipality or county, where the service address for 3 each such network connection or connections is located within 4 the corporate limits of the municipality or county levying 5 the surcharge. Except for mobile telecommunication services, 6 the "service address" shall mean the location of the primary 7 use of the network connection or connections. For mobile 8 telecommunication services, "service address" means the 9 customer's place of primary use as defined in the Mobile 10 Telecommunications Sourcing Conformity Act. With respect to 11 network connections provided for use with pay telephone 12 services for which there is no billed subscriber, the 13 telecommunications carrier providing the network connection 14 shall be deemed to be its own billed subscriber for purposes 15 of applying the surcharge. 16 (c) Upon the passage of an ordinance to impose a 17 surcharge under this Section the clerk of the municipality or 18 county shall certify the question of whether the surcharge 19 may be imposed to the proper election authority who shall 20 submit the public question to the electors of the 21 municipality or county in accordance with the general 22 election law; provided that such question shall not be 23 submitted at a consolidated primary election. The public 24 question shall be in substantially the following form: 25 ------------------------------------------------------------- 26 Shall the county (or city, village 27 or incorporated town) of.....impose YES 28 a surcharge of up to...¢ per month per 29 network connection, which surcharge will 30 be added to the monthly bill you receive ------------------ 31 for telephone or telecommunications 32 charges, for the purpose of installing 33 (or improving) a 9-1-1 Emergency NO 34 Telephone System? HB5709 Engrossed -9- LRB9213274BDdvB 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 5 to be created pursuant to an intergovernmental agreement 6 under Section 15.4, the ordinance to impose the surcharge 7 shall be subject to the approval of a majority of the total 8 number of votes cast upon the public question by the electors 9 of all of the municipalities or counties, or combination 10 thereof, that 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 18 on the proposition at an election conducted before the 19 effective date of this amendatory Act of 1987. 20 (d) A county may not impose a surcharge, unless 21 requested by a municipality, in any incorporated area which 22 has previously approved a surcharge as provided in subsection 23 (c) or in any incorporated area where the corporate 24 authorities of the municipality have previously entered into 25 a binding contract or letter of intent with a 26 telecommunications carrier to provide sophisticated 9-1-1 27 service through municipal funds. 28 (e) A municipality or county may at any time by 29 ordinance change the rate of the surcharge imposed under this 30 Section if the new rate does not exceed the rate specified in 31 the referendum held pursuant to subsection (c). 32 (f) The surcharge authorized by this Section shall be 33 collected from the subscriber by the telecommunications 34 carrier providing the subscriber the network connection as a HB5709 Engrossed -10- LRB9213274BDdvB 1 separately stated item on the subscriber's bill. 2 (g) The amount of surcharge collected by the 3 telecommunications carrier shall be paid to the particular 4 municipality or county or Joint Emergency Telephone System 5 Board not later than 30 days after the surcharge is 6 collected, net of any network or other 9-1-1 or sophisticated 7 9-1-1 system charges then due the particular 8 telecommunications carrier, as shown on an itemized bill. 9 The telecommunications carrier collecting the surcharge shall 10 also be entitled to deduct 3% of the gross amount of 11 surcharge collected to reimburse the telecommunications 12 carrier for the expense of accounting and collecting the 13 surcharge. 14 (h) Except as expressly provided in subsection (a) of 15 this Section, a municipality with a population over 500,000 16 may not impose a monthly surcharge in excess of $1.25 per 17 network connection. 18 (i) Any municipality or county or joint emergency 19 telephone system board that has imposed a surcharge pursuant 20 to this Section prior to the effective date of this 21 amendatory Act of 1990 shall hereafter impose the surcharge 22 in accordance with subsection (b) of this Section. 23 (j) The corporate authorities of any municipality or 24 county may issue, in accordance with Illinois law, bonds, 25 notes or other obligations secured in whole or in part by the 26 proceeds of the surcharge described in this Section. 27 Notwithstanding any change in law subsequent to the issuance 28 of any bonds, notes or other obligations secured by the 29 surcharge, every municipality or county issuing such bonds, 30 notes or other obligations shall be authorized to impose the 31 surcharge as though the laws relating to the imposition of 32 the surcharge in effect at the time of issuance of the bonds, 33 notes or other obligations were in full force and effect 34 until the bonds, notes or other obligations are paid in full. HB5709 Engrossed -11- LRB9213274BDdvB 1 The State of Illinois pledges and agrees that it will not 2 limit or alter the rights and powers vested in municipalities 3 and counties by this Section to impose the surcharge so as to 4 impair the terms of or affect the security for bonds, notes 5 or other obligations secured in whole or in part with the 6 proceeds of the surcharge described in this 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, 10 county or Joint Emergency Telephone Board imposing the 11 surcharge. Except for the 3% deduction provided in 12 subsection (g) above, the special fund shall not be subject 13 to the claims of creditors of the telecommunication carrier. 14 (Source: P.A. 92-474, eff. 8-1-02.) 15 Section 95. No acceleration or delay. Where this Act 16 makes changes in a statute that is represented in this Act by 17 text that is not yet or no longer in effect (for example, a 18 Section represented by multiple versions), the use of that 19 text does not accelerate or delay the taking effect of (i) 20 the changes made by this Act or (ii) provisions derived from 21 any other Public Act.