Public Act 095-0698
 
SB0837 Enrolled LRB095 05548 HLH 25638 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Emergency Telephone System Act is amended by
changing Sections 15.3 and 15.4 as follows:
 
    (50 ILCS 750/15.3)  (from Ch. 134, par. 45.3)
    Sec. 15.3. Surcharge.
    (a) The corporate authorities of any municipality or any
county may, subject to the limitations of subsections (c), (d),
and (h), and in addition to any tax levied pursuant to the
Simplified Municipal Telecommunications Tax Act, impose a
monthly surcharge on billed subscribers of network connection
provided by telecommunication carriers engaged in the business
of transmitting messages by means of electricity originating
within the corporate limits of the municipality or county
imposing the surcharge at a rate per network connection
determined in accordance with subsection (c). Provided,
however, that where multiple voice grade communications
channels are connected between the subscriber's premises and a
public switched network through private branch exchange (PBX)
or centrex type service, a municipality imposing a surcharge at
a rate per network connection, as determined in accordance with
this Act, shall impose 5 such surcharges per network
connection, as determined in accordance with subsections (a)
and (d) of Section 2.12 of this Act. For mobile
telecommunications services, if a surcharge is imposed it shall
be imposed based upon the municipality or county that
encompasses the customer's place of primary use as defined in
the Mobile Telecommunications Sourcing Conformity Act. A
municipality may enter into an intergovernmental agreement
with any county in which it is partially located, when the
county has adopted an ordinance to impose a surcharge as
provided in subsection (c), to include that portion of the
municipality lying outside the county in that county's
surcharge referendum. If the county's surcharge referendum is
approved, the portion of the municipality identified in the
intergovernmental agreement shall automatically be
disconnected from the county in which it lies and connected to
the county which approved the referendum for purposes of a
surcharge on telecommunications carriers.
    (b) For purposes of computing the surcharge imposed by
subsection (a), the network connections to which the surcharge
shall apply shall be those in-service network connections,
other than those network connections assigned to the
municipality or county, where the service address for each such
network connection or connections is located within the
corporate limits of the municipality or county levying the
surcharge. Except for mobile telecommunication services, the
"service address" shall mean the location of the primary use of
the network connection or connections. For mobile
telecommunication services, "service address" means the
customer's place of primary use as defined in the Mobile
Telecommunications Sourcing Conformity Act. With respect to
network connections provided for use with pay telephone
services for which there is no billed subscriber, the
telecommunications carrier providing the network connection
shall be deemed to be its own billed subscriber for purposes of
applying the surcharge.
    (c) Upon the passage of an ordinance to impose a surcharge
under this Section the clerk of the municipality or county
shall certify the question of whether the surcharge may be
imposed to the proper election authority who shall submit the
public question to the electors of the municipality or county
in accordance with the general election law; provided that such
question shall not be submitted at a consolidated primary
election. The public question shall be in substantially the
following form:
-------------------------------------------------------------
    Shall the county (or city, village
or incorporated town) of ..... impose          YES
a surcharge of up to ...¢ per month per
network connection, which surcharge will
be added to the monthly bill you receive   ------------------
for telephone or telecommunications
charges, for the purpose of installing
(or improving) a 9-1-1 Emergency               NO
Telephone System?
-------------------------------------------------------------
    If a majority of the votes cast upon the public question
are in favor thereof, the surcharge shall be imposed.
    However, if a Joint Emergency Telephone System Board is to
be created pursuant to an intergovernmental agreement under
Section 15.4, the ordinance to impose the surcharge shall be
subject to the approval of a majority of the total number of
votes cast upon the public question by the electors of all of
the municipalities or counties, or combination thereof, that
are parties to the intergovernmental agreement.
    The referendum requirement of this subsection (c) shall not
apply to any municipality with a population over 500,000 or to
any county in which a proposition as to whether a sophisticated
9-1-1 Emergency Telephone System should be installed in the
county, at a cost not to exceed a specified monthly amount per
network connection, has previously been approved by a majority
of the electors of the county voting on the proposition at an
election conducted before the effective date of this amendatory
Act of 1987.
    (d) A county may not impose a surcharge, unless requested
by a municipality, in any incorporated area which has
previously approved a surcharge as provided in subsection (c)
or in any incorporated area where the corporate authorities of
the municipality have previously entered into a binding
contract or letter of intent with a telecommunications carrier
to provide sophisticated 9-1-1 service through municipal
funds.
    (e) A municipality or county may at any time by ordinance
change the rate of the surcharge imposed under this Section if
the new rate does not exceed the rate specified in the
referendum held pursuant to subsection (c).
    (f) The surcharge authorized by this Section shall be
collected from the subscriber by the telecommunications
carrier providing the subscriber the network connection as a
separately stated item on the subscriber's bill.
    (g) The amount of surcharge collected by the
telecommunications carrier shall be paid to the particular
municipality or county or Joint Emergency Telephone System
Board not later than 30 days after the surcharge is collected,
net of any network or other 9-1-1 or sophisticated 9-1-1 system
charges then due the particular telecommunications carrier, as
shown on an itemized bill. The telecommunications carrier
collecting the surcharge shall also be entitled to deduct 3% of
the gross amount of surcharge collected to reimburse the
telecommunications carrier for the expense of accounting and
collecting the surcharge.
    (h) Except as expressly provided in subsection (a) of this
Section, a municipality with a population over 500,000 may not
impose a monthly surcharge in excess of $2.50 $1.25 per network
connection.
    (i) Any municipality or county or joint emergency telephone
system board that has imposed a surcharge pursuant to this
Section prior to the effective date of this amendatory Act of
1990 shall hereafter impose the surcharge in accordance with
subsection (b) of this Section.
    (j) The corporate authorities of any municipality or county
may issue, in accordance with Illinois law, bonds, notes or
other obligations secured in whole or in part by the proceeds
of the surcharge described in this Section. Notwithstanding any
change in law subsequent to the issuance of any bonds, notes or
other obligations secured by the surcharge, every municipality
or county issuing such bonds, notes or other obligations shall
be authorized to impose the surcharge as though the laws
relating to the imposition of the surcharge in effect at the
time of issuance of the bonds, notes or other obligations were
in full force and effect until the bonds, notes or other
obligations are paid in full. The State of Illinois pledges and
agrees that it will not limit or alter the rights and powers
vested in municipalities and counties by this Section to impose
the surcharge so as to impair the terms of or affect the
security for bonds, notes or other obligations secured in whole
or in part with the proceeds of the surcharge described in this
Section.
    (k) Any surcharge collected by or imposed on a
telecommunications carrier pursuant to this Section shall be
held to be a special fund in trust for the municipality, county
or Joint Emergency Telephone Board imposing the surcharge.
Except for the 3% deduction provided in subsection (g) above,
the special fund shall not be subject to the claims of
creditors of the telecommunication carrier.
(Source: P.A. 92-474, eff. 8-1-02; 92-526, eff. 1-1-03; 92-557,
eff. 1-1-03; revised 10-2-02.)
 
    (50 ILCS 750/15.4)  (from Ch. 134, par. 45.4)
    Sec. 15.4. Emergency Telephone System Board; powers.
    (a) The corporate authorities of any county or municipality
that imposes a surcharge under Section 15.3 shall establish an
Emergency Telephone System Board. The corporate authorities
shall provide for the manner of appointment and the number of
members of the Board, provided that the board shall consist of
not fewer than 5 members, one of whom must be a public member
who is a resident of the local exchange service territory
included in the 9-1-1 coverage area, one of whom (in counties
with a population less than 100,000) must be a member of the
county board, and at least 3 of whom shall be representative of
the 9-1-1 public safety agencies, including but not limited to
police departments, fire departments, emergency medical
services providers, and emergency services and disaster
agencies, and appointed on the basis of their ability or
experience. Elected officials are also eligible to serve on the
board. Members of the board shall serve without compensation
but shall be reimbursed for their actual and necessary
expenses. Any 2 or more municipalities, counties, or
combination thereof, that impose a surcharge under Section 15.3
may, instead of establishing individual boards, establish by
intergovernmental agreement a Joint Emergency Telephone System
Board pursuant to this Section. The manner of appointment of
such a joint board shall be prescribed in the agreement.
    (b) The powers and duties of the board shall be defined by
ordinance of the municipality or county, or by
intergovernmental agreement in the case of a joint board. The
powers and duties shall include, but need not be limited to the
following:
        (1) Planning a 9-1-1 system.
        (2) Coordinating and supervising the implementation,
    upgrading, or maintenance of the system, including the
    establishment of equipment specifications and coding
    systems.
        (3) Receiving moneys monies from the surcharge imposed
    under Section 15.3, and from any other source, for deposit
    into the Emergency Telephone System Fund.
        (4) Authorizing all disbursements from the fund.
        (5) Hiring any staff necessary for the implementation
    or upgrade of the system.
    (c) All moneys monies received by a board pursuant to a
surcharge imposed under Section 15.3 shall be deposited into a
separate interest-bearing Emergency Telephone System Fund
account. The treasurer of the municipality or county that has
established the board or, in the case of a joint board, any
municipal or county treasurer designated in the
intergovernmental agreement, shall be custodian of the fund.
All interest accruing on the fund shall remain in the fund. No
expenditures may be made from such fund except upon the
direction of the board by resolution passed by a majority of
all members of the board. Expenditures may be made only to pay
for the costs associated with the following:
        (1) The design of the Emergency Telephone System.
        (2) The coding of an initial Master Street Address
    Guide data base, and update and maintenance thereof.
        (3) The repayment of any moneys monies advanced for the
    implementation of the system.
        (4) The charges for Automatic Number Identification
    and Automatic Location Identification equipment, a
    computer aided dispatch system that records, maintains,
    and integrates information, mobile data transmitters
    equipped with automatic vehicle locators, and maintenance,
    replacement and update thereof to increase operational
    efficiency and improve the provision of emergency
    services.
        (5) The non-recurring charges related to installation
    of the Emergency Telephone System and the ongoing network
    charges.
        (6) The acquisition and installation, or the
    reimbursement of costs therefor to other governmental
    bodies that have incurred those costs, of road or street
    signs that are essential to the implementation of the
    emergency telephone system and that are not duplicative of
    signs that are the responsibility of the jurisdiction
    charged with maintaining road and street signs.
        (7) Other products and services necessary for the
    implementation, upgrade, and maintenance of the system and
    any other purpose related to the operation of the system,
    including costs attributable directly to the construction,
    leasing, or maintenance of any buildings or facilities or
    costs of personnel attributable directly to the operation
    of the system. Costs attributable directly to the operation
    of an emergency telephone system do not include the costs
    of public safety agency personnel who are and equipment
    that is dispatched in response to an emergency call.
        (8) In the case of a municipality that imposes a
    surcharge under subsection (h) of Section 15.3, moneys may
    also be used for any anti-terrorism or emergency
    preparedness measures, including, but not limited to,
    preparedness planning, providing local matching funds for
    federal or State grants, personnel training, and
    specialized equipment, including surveillance cameras as
    needed to deal with natural and terrorist-inspired
    emergency situations or events.
    Moneys in the fund may also be transferred to a
participating fire protection district to reimburse volunteer
firefighters who man remote telephone switching facilities
when dedicated 9-1-1 lines are down.
    (d) The board shall complete the data base before
implementation of the 9-1-1 system. The error ratio of the data
base shall not at any time exceed 1% of the total data base.
(Source: P.A. 92-202, eff. 1-1-02.)
 
    Section 10. The Wireless Emergency Telephone Safety Act is
amended by changing Sections 15, 17, 25, 35, 45, and 70 as
follows:
 
    (50 ILCS 751/15)
    (Section scheduled to be repealed on April 1, 2008)
    Sec. 15. Wireless emergency 9-1-1 service. The digits
"9-1-1" shall be the designated emergency telephone number
within the wireless system.
    (a) Standards. The Illinois Commerce Commission may set
non-discriminatory, uniform technical and operational
standards consistent with the rules of the Federal
Communications Commission for directing calls to authorized
public safety answering points. These standards shall not in
any way prescribe the technology or manner a wireless carrier
shall use to deliver wireless 9-1-1 or wireless E9-1-1 calls
and these standards shall not exceed the requirements set by
the Federal Communications Commission. However, standards for
directing calls to the authorized public safety answering point
shall be included. The authority given to the Illinois Commerce
Commission in this Section is limited to setting standards as
set forth herein and does not constitute authority to regulate
wireless carriers.
    (b) Wireless public safety answering points. For the
purpose of providing wireless 9-1-1 emergency services, an
emergency telephone system board or, in the absence of an
emergency telephone system board, a qualified governmental
entity may declare its intention for one or more of its public
safety answering points to serve as a primary wireless 9-1-1
public safety answering point for its jurisdiction by notifying
the Chief Clerk of the Illinois Commerce Commission and the
Director of State Police in writing within 6 months after the
effective date of this Act or within 6 months after receiving
its authority to operate a 9-1-1 system under the Emergency
Telephone System Act, whichever is later. In addition, 2 or
more emergency telephone system boards or qualified units of
local government may, by virtue of an intergovernmental
agreement, provide wireless 9-1-1 service. The Department of
State Police shall be the primary wireless 9-1-1 public safety
answering point for any jurisdiction not providing notice to
the Commission and the Department of State Police. Nothing in
this Act shall require the provision of wireless enhanced 9-1-1
services.
    The Illinois Commerce Commission, upon a joint request from
the Department of State Police and a qualified governmental
entity or an emergency telephone system board, may grant
authority to the emergency telephone system board or a
qualified governmental entity to provide wireless 9-1-1
service in areas for which the Department of State Police has
accepted wireless 9-1-1 responsibility. The Illinois Commerce
Commission shall maintain a current list of all 9-1-1 systems
and qualified governmental entities providing wireless 9-1-1
service under this Act.
    Any emergency telephone system board or qualified
governmental entity providing wireless 9-1-1 service prior to
the effective date of this Act may continue to operate upon
notification as previously described in this Section. An
emergency telephone system board or a qualified governmental
entity shall submit, with its notification, the date upon which
it commenced operating.
    (c) Wireless Enhanced 9-1-1 Board. The Wireless Enhanced
9-1-1 Board is created. The Board consists of 7 members
appointed by the Governor with the advice and consent of the
Senate. It is recommended that the Governor appoint members
from the following: the Illinois Chapter of the National
Emergency Numbers Association, the Illinois State Police, law
enforcement agencies, the wireless telecommunications
industry, an emergency telephone system board in Cook County
(outside the City of Chicago), an emergency telephone system
board in the Metro-east area, and an emergency telephone system
board in the collar counties (Lake, McHenry, DuPage, Kane, and
Will counties). Members of the Board may not receive any
compensation but may, however, be reimbursed for any necessary
expenditure in connection with their duties.
    Except as provided in Section 45, the Wireless Enhanced
9-1-1 Board shall set the amount of the monthly wireless
surcharge required to be imposed under Section 17 on all
wireless subscribers in this State. Prior to the Wireless
Enhanced 9-1-1 Board setting any surcharge, the Board shall
publish the proposed surcharge in the Illinois Register, hold
hearings on the surcharge and the requirements for an efficient
wireless emergency number system, and elicit public comment.
The Board shall determine the minimum cost necessary for
implementation of this system and the amount of revenue
produced based upon the number of wireless telephones in use.
The Board shall set the surcharge at the minimum amount
necessary to achieve the goals of the Act and shall, by July 1,
2000, file this information with the Governor, the Clerk of the
House, and the Secretary of the Senate. The surcharge may not
be more than $0.75 per month per CMRS connection.
    The Wireless Enhanced 9-1-1 Board shall report to the
General Assembly by July 1, 2000 on implementing wireless
non-emergency services for the purpose of public safety using
the digits 3-1-1. The Board shall consider the delivery of
3-1-1 services in a 6 county area, including rural Cook County
(outside of the City of Chicago), and DuPage, Lake, McHenry,
Will, and Kane Counties, as well as counties outside of this
area by an emergency telephone system board, a qualified
governmental entity, or private industry. The Board, upon
completion of all its duties required under this Act, is
dissolved.
(Source: P.A. 91-660, eff. 12-22-99.)
 
    (50 ILCS 751/17)
    (Section scheduled to be repealed on April 1, 2008)
    Sec. 17. Wireless carrier surcharge.
    (a) Except as provided in Section 45, each wireless carrier
shall impose a monthly wireless carrier surcharge per CMRS
connection that either has a telephone number within an area
code assigned to Illinois by the North American Numbering Plan
Administrator or has a billing address in this State. In the
case of prepaid wireless telephone service, this surcharge
shall be remitted based upon the address associated with the
point of purchase, the customer billing address, or the
location associated with the MTN for each active prepaid
wireless telephone that has a sufficient positive balance as of
the last day of each month, if that information is available.
No wireless carrier shall impose the surcharge authorized by
this Section upon any subscriber who is subject to the
surcharge imposed by a unit of local government pursuant to
Section 45. Prior to the effective date of this amendatory Act
of the 95th General Assembly, the surcharge amount shall be the
amount set by the Wireless Enhanced 9-1-1 Board. Beginning on
the effective date of this amendatory Act of the 95th General
Assembly, the monthly surcharge imposed under this Section
shall be $0.73 per CMRS connection. The wireless carrier that
provides wireless service to the subscriber shall collect the
surcharge set by the Wireless Enhanced 9-1-1 Board from the
subscriber. For mobile telecommunications services provided on
and after August 1, 2002, any surcharge imposed under this Act
shall be imposed based upon the municipality or county that
encompasses the customer's place of primary use as defined in
the Mobile Telecommunications Sourcing Conformity Act. The
surcharge shall be stated as a separate item on the
subscriber's monthly bill. The wireless carrier shall begin
collecting the surcharge on bills issued within 90 days after
the Wireless Enhanced 9-1-1 Board sets the monthly wireless
surcharge. State and local taxes shall not apply to the
wireless carrier surcharge.
    (b) Except as provided in Section 45, a wireless carrier
shall, within 45 days of collection, remit, either by check or
by electronic funds transfer, to the State Treasurer the amount
of the wireless carrier surcharge collected from each
subscriber. Of the amounts remitted under this subsection prior
to the effective date of this amendatory Act of the 95th
General Assembly, and for surcharges imposed before the
effective date of this amendatory Act of the 95th General
Assembly but remitted after its effective date, the State
Treasurer shall deposit one-third into the Wireless Carrier
Reimbursement Fund and two-thirds into the Wireless Service
Emergency Fund. For surcharges collected and remitted on or
after the effective date of this amendatory Act of the 95th
General Assembly, $0.1475 per surcharge collected shall be
deposited into the Wireless Carrier Reimbursement Fund, and
$0.5825 per surcharge collected shall be deposited into the
Wireless Service Emergency Fund. Of the amounts deposited into
the Wireless Carrier Reimbursement Fund under this subsection,
$0.01 per surcharge collected may be distributed to the
carriers to cover their administrative costs. Of the amounts
deposited into the Wireless Service Emergency Fund under this
subsection, $0.01 per surcharge collected may be disbursed to
the Illinois Commerce Commission to cover its administrative
costs.
    (c) The first such remittance by wireless carriers shall
include the number of customers by zip code, and the 9-digit
zip code if currently being used or later implemented by the
carrier, that shall be the means by which the Illinois Commerce
Commission shall determine distributions from the Wireless
Service Emergency Fund. This information shall be updated no
less often than every year. Wireless carriers are not required
to remit surcharge moneys that are billed to subscribers but
not yet collected.
    (d) Notwithstanding any provision of law to the contrary,
nothing shall impair the right of wireless carriers to recover
compliance costs for all emergency communications services
that are not reimbursed out of the Wireless Carrier
Reimbursement Fund directly from their customers via line-item
charges on the customer's bill. Those compliance costs include
all costs incurred by wireless carriers in complying with
local, State, and federal regulatory or legislative mandates
that require the transmission and receipt of emergency
communications to and from the general public, including, but
not limited to, E-911.
    (e) The Auditor General shall conduct, on an annual basis,
an audit of the Wireless Service Emergency Fund and the
Wireless Carrier Reimbursement Fund for compliance with the
requirements of this Act. The audit shall include, but not be
limited to, the following determinations:
        (1) Whether the Commission is maintaining detailed
    records of all receipts and disbursements from the Wireless
    Carrier Emergency Fund and the Wireless Carrier
    Reimbursement Fund.
        (2) Whether the Commission's administrative costs
    charged to the funds are adequately documented and are
    reasonable.
        (3) Whether the Commission's procedures for making
    grants and providing reimbursements in accordance with the
    Act are adequate.
        (4) The status of the implementation of wireless 9-1-1
    and E9-1-1 services in Illinois.
    The Commission, the Department of State Police, and any
other entity or person that may have information relevant to
the audit shall cooperate fully and promptly with the Office of
the Auditor General in conducting the audit. The Auditor
General shall commence the audit as soon as possible and
distribute the report upon completion in accordance with
Section 3-14 of the Illinois State Auditing Act.
(Source: P.A. 92-526, eff. 7-1-02; 93-507, eff. 1-1-04; 93-839,
eff. 7-30-04.)
 
    (50 ILCS 751/25)
    (Section scheduled to be repealed on April 1, 2008)
    Sec. 25. Wireless Service Emergency Fund; distribution of
moneys. Within 60 days after the effective date of this Act,
wireless carriers shall submit to the Illinois Commerce
Commission the number of wireless subscribers by zip code and
the 9-digit zip code of the wireless subscribers, if currently
being used or later implemented by the carrier.
    The Illinois Commerce Commission shall, subject to
appropriation, make monthly proportional grants to the
appropriate emergency telephone system board or qualified
governmental entity based upon the United States Postal Zip
Code of the wireless subscriber's billing address. No matching
funds shall be required from grant recipients.
    If the Illinois Commerce Commission is notified of an area
of overlapping jurisdiction, grants for that area shall be made
based upon reference to an official Master Street Address Guide
to the emergency telephone system board or qualified
governmental entity whose public service answering points
provide wireless 9-1-1 service in that area. The emergency
telephone system board or qualified governmental entity shall
provide the Illinois Commerce Commission with a valid copy of
the appropriate Master Street Address Guide. The Illinois
Commerce Commission does not have a duty to verify
jurisdictional responsibility.
    In the event of a subscriber billing address being matched
to an incorrect jurisdiction by the Illinois Commerce
Commission, the recipient, upon notification from the Illinois
Commerce Commission, shall redirect the funds to the correct
jurisdiction. The Illinois Commerce Commission shall not be
held liable for any damages relating to an act or omission
under this Act, unless the act or omission constitutes gross
negligence, recklessness, or intentional misconduct.
    In the event of a dispute between emergency telephone
system boards or qualified governmental entities concerning a
subscriber billing address, the Illinois Commerce Commission
shall resolve the dispute.
    The Illinois Commerce Commission shall maintain detailed
records of all receipts and disbursements and shall provide an
annual accounting of all receipts and disbursements to the
Auditor General.
    The Illinois Commerce Commission shall adopt rules to
govern the grant process.
    The Illinois Commerce Commission may also use moneys in the
Wireless Service Emergency Fund for the purpose of conducting a
study to determine the future technological and financial needs
of the wireless 9-1-1 systems. A study shall include input from
the telecommunications industry, the Illinois National
Emergency Number Association, and the public safety community.
(Source: P.A. 93-839, eff. 7-30-04.)
 
    (50 ILCS 751/35)
    (Section scheduled to be repealed on April 1, 2008)
    Sec. 35. Wireless Carrier Reimbursement Fund;
reimbursement. To recover costs from the Wireless Carrier
Reimbursement Fund, the wireless carrier shall submit sworn
invoices to the Illinois Commerce Commission. In no event may
any invoice for payment be approved for (i) costs that are not
related to compliance with the requirements established by the
wireless enhanced 9-1-1 mandates of the Federal Communications
Commission, (ii) costs with respect to any wireless enhanced
9-1-1 service that is not operable at the time the invoice is
submitted, or (iii) costs of any wireless carrier exceeding
100% of the wireless emergency services charges remitted to the
Wireless Carrier Reimbursement Fund by the wireless carrier
under Section 17(b) unless the wireless carrier received prior
approval for the expenditures from the Illinois Commerce
Commission.
    If in any month the total amount of invoices submitted to
the Illinois Commerce Commission and approved for payment
exceeds the amount available in the Wireless Carrier
Reimbursement Fund, wireless carriers that have invoices
approved for payment shall receive a pro-rata share of the
amount available in the Wireless Carrier Reimbursement Fund
based on the relative amount of their approved invoices
available that month, and the balance of the payments shall be
carried into the following months until all of the approved
payments are made.
    A wireless carrier may not receive payment from the
Wireless Carrier Reimbursement Fund for its costs of providing
wireless enhanced 9-1-1 services in an area when a unit of
local government or emergency telephone system board provides
wireless 9-1-1 services in that area and was imposing and
collecting a wireless carrier surcharge prior to July 1, 1998.
    The Illinois Commerce Commission shall maintain detailed
records of all receipts and disbursements and shall provide an
annual accounting of all receipts and disbursements to the
Auditor General.
    The Illinois Commerce Commission shall adopt rules to
govern the reimbursement process.
    Upon the effective date of this amendatory Act of the 95th
General Assembly, or as soon thereafter as practical, the State
Comptroller shall order transferred and the State Treasurer
shall transfer the sum of $8,000,000 from the Wireless Carrier
Reimbursement Fund to the Wireless Service Emergency Fund. That
amount shall be used by the Illinois Commerce Commission to
make grants in the manner described in Section 25 of this Act.
(Source: P.A. 93-507, eff. 1-1-04; 93-839, eff. 7-30-04.)
 
    (50 ILCS 751/45)
    (Section scheduled to be repealed on April 1, 2008)
    Sec. 45. Continuation of current practices.
Notwithstanding any other provision of this Act, a unit of
local government or emergency telephone system board providing
wireless 9-1-1 service and imposing and collecting a wireless
carrier surcharge prior to July 1, 1998 may continue its
practices of imposing and collecting its wireless carrier
surcharge, but in no event shall that monthly surcharge exceed
$2.50 $1.25 per commercial mobile radio service (CMRS)
connection or in-service telephone number billed on a monthly
basis. For mobile telecommunications services provided on and
after August 1, 2002, any surcharge imposed shall be imposed
based upon the municipality or county that encompasses the
customer's place of primary use as defined in the Mobile
Telecommunications Sourcing Conformity Act.
    In addition to any other lawful purpose, a municipality
with a population over 500,000 may use the moneys collected
under this Section for any anti-terrorism or emergency
preparedness measures, including, but not limited to,
preparedness planning, providing local matching funds for
federal or State grants, personnel training, and specialized
equipment, including surveillance cameras as needed to deal
with natural and terrorist-inspired emergency situations or
events.
(Source: P.A. 91-660, eff. 12-22-99; 92-526, eff. 7-1-02.)
 
    (50 ILCS 751/70)
    (Section scheduled to be repealed on April 1, 2008)
    Sec. 70. Repealer. This Act is repealed on April 1, 2013
2008.
(Source: P.A. 93-507, eff. 1-1-04.)
 
    Section 99. Effective date. This Act takes effect January
1, 2008.