Public Act 099-0006
 
SB0096 EnrolledLRB099 04130 HAF 24150 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
ARTICLE I

 
    Section 1-5. The Attorney General Act is amended by
changing Section 6.5 as follows:
 
    (15 ILCS 205/6.5)
    Sec. 6.5. Consumer Utilities Unit.
    (a) The General Assembly finds that the health, welfare,
and prosperity of all Illinois citizens, and the public's
interest in adequate, safe, reliable, cost-effective electric,
natural gas, water, cable, video, and telecommunications
services, requires effective public representation by the
Attorney General to protect the rights and interests of the
public in the provision of all elements of electric, natural
gas, water, cable, video, and telecommunications service both
during and after the transition to a competitive market, and
that to ensure that the benefits of competition in the
provision of electric, natural gas, water, cable, video, and
telecommunications services to all consumers are attained,
there shall be created within the Office of the Attorney
General a Consumer Utilities Unit.
    (b) As used in this Section: "Electric services" means
services sold by an electric service provider. "Electric
service provider" shall mean anyone who sells, contracts to
sell, or markets electric power, generation, distribution,
transmission, or services (including metering and billing) in
connection therewith. Electric service providers shall include
any electric utility and any alternative retail electric
supplier as defined in Section 16-102 of the Public Utilities
Act.
    (b-5) As used in this Section: "Telecommunications
services" means services sold by a telecommunications carrier,
as provided for in Section 13-203 of the Public Utilities Act.
"Telecommunications carrier" means anyone who sells, contracts
to sell, or markets telecommunications services, whether
noncompetitive or competitive, including access services,
interconnection services, or any services in connection
therewith. Telecommunications carriers include any carrier as
defined in Section 13-202 of the Public Utilities Act.
    (b-10) As used in this Section, "natural gas services"
means natural gas services sold by a "gas utility" or by an
"alternative gas supplier", as those terms are defined in
Section 19-105 of the Public Utilities Act.
    (b-15) As used in this Section, "water services" means
services sold by any corporation, company, limited liability
company, association, joint stock company or association,
firm, partnership, or individual, its lessees, trustees, or
receivers appointed by any court and that owns, controls,
operates, or manages within this State, directly or indirectly,
for public use, any plant, equipment, or property used or to be
used for or in connection with (i) the production, storage,
transmission, sale, delivery, or furnishing of water or (ii)
the treatment, storage, transmission, disposal, sale of
services, delivery, or furnishing of sewage or sewage services.
    (b-20) As used in this Section, "cable service and video
service" means services sold by anyone who sells, contracts to
sell, or markets cable services or video services pursuant to a
State-issued authorization under the Cable and Video
Competition Law of 2007.
    (c) There is created within the Office of the Attorney
General a Consumer Utilities Unit, consisting of Assistant
Attorneys General appointed by the Attorney General, who,
together with such other staff as is deemed necessary by the
Attorney General, shall have the power and duty on behalf of
the people of the State to intervene in, initiate, enforce, and
defend all legal proceedings on matters relating to the
provision, marketing, and sale of electric, natural gas, water,
cable, video, and telecommunications service whenever the
Attorney General determines that such action is necessary to
promote or protect the rights and interests of all Illinois
citizens, classes of customers, and users of electric, natural
gas, water, cable, video, and telecommunications services.
    (d) In addition to the investigative and enforcement powers
available to the Attorney General, including without
limitation those under the Consumer Fraud and Deceptive
Business Practices Act, the Illinois Antitrust Act, and any
other law of this State, the Attorney General shall be a party
as a matter of right to all proceedings, investigations, and
related matters involving the provision of electric, natural
gas, water, cable, video, and telecommunications services
before the Illinois Commerce Commission, the courts, and other
public bodies. Upon request, the Office of the Attorney General
shall have access to and the use of all files, records, data,
and documents in the possession or control of the Commission.
The Office of the Attorney General may use information obtained
under this Section, including information that is designated as
and that qualifies for confidential treatment, which
information the Attorney General's office shall maintain as
confidential, to be used for law enforcement purposes only,
which information may be shared with other law enforcement
officials. Nothing in this Section is intended to take away or
limit any of the powers the Attorney General has pursuant to
common law or other statutory law.
(Source: P.A. 94-291, eff. 7-21-05; 95-9, eff. 6-30-07; 95-876,
eff. 8-21-08.)
 
    Section 1-10. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by changing
Section 2605-25 and by adding Section 2605-52 as follows:
 
    (20 ILCS 2605/2605-25)  (was 20 ILCS 2605/55a-1)
    Sec. 2605-25. Department divisions. The Department is
divided into the Illinois State Police Academy, the Office of
the Statewide 9-1-1 Administrator, and 4 divisions: the
Division of Operations, the Division of Forensic Services, the
Division of Administration, and the Division of Internal
Investigation. Beginning on July 1, 2015, there shall be the
Division of the Statewide 9-1-1 Administrator within the
Department of State Police to develop, implement, and oversee a
uniform statewide 9-1-1 system for all areas of the State
outside of municipalities having a population of more than
500,000.
(Source: P.A. 98-634, eff. 6-6-14.)
 
    (20 ILCS 2605/2605-52 new)
    Sec. 2605-52. Office of the Statewide 9-1-1 Administrator.
    (a) There shall be established an Office of the Statewide
9-1-1 Administrator within the Department. Beginning January
1, 2016, the Office of the Statewide 9-1-1 Administrator shall
be responsible for developing, implementing, and overseeing a
uniform statewide 9-1-1 system for all areas of the State
outside of municipalities having a population over 500,000.
    (b) The Governor shall appoint, with the advice and consent
of the Senate, a Statewide 9-1-1 Administrator. The
Administrator shall serve for a term of 2 years, and until a
successor is appointed and qualified; except that the term of
the first 9-1-1 Administrator appointed under this Act shall
expire on the third Monday in January, 2017. The Administrator
shall not hold any other remunerative public office. The
Administrator shall receive an annual salary as set by the
Governor.
 
    Section 1-15. The State Finance Act is amended by adding
Section 5.866 as follows:
 
    (30 ILCS 105/5.866 new)
    Sec. 5.866. The Illinois Telecommunications Access
Corporation Fund.
 
    Section 1-20. The Emergency Telephone System Act is amended
by changing Section 15.3 and by adding Sections 19, 75, and 99
as follows:
 
    (50 ILCS 750/15.3)  (from Ch. 134, par. 45.3)
    Sec. 15.3. Local non-wireless surcharge Surcharge.
    (a) Except as provided in subsection (l) of this Section,
the 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), however the
monthly surcharge shall not apply to a network connection
provided for use with pay telephone services. 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:
        (i) in a municipality with a population of 500,000 or
    less or in any county, 5 such surcharges per network
    connection, as determined in accordance with subsections
    (a) and (d) of Section 2.12 of this Act, for both regular
    service and advanced service provisioned trunk lines;
        (ii) in a municipality with a population, prior to
    March 1, 2010, of 500,000 or more, 5 surcharges per network
    connection, as determined in accordance with subsections
    (a) and (d) of Section 2.12 of this Act, for both regular
    service and advanced service provisioned trunk lines;
        (iii) in a municipality with a population, as of March
    1, 2010, of 500,000 or more, 5 surcharges per network
    connection, as determined in accordance with subsections
    (a) and (d) of Section 2.12 of this Act, for regular
    service provisioned trunk lines, and 12 surcharges per
    network connection, as determined in accordance with
    subsections (a) and (d) of Section 2.12 of this Act, for
    advanced service provisioned trunk lines, except where an
    advanced service provisioned trunk line supports at least 2
    but fewer than 23 simultaneous voice grade calls ("VGC's"),
    a telecommunication carrier may elect to impose fewer than
    12 surcharges per trunk line as provided in subsection (iv)
    of this Section; or
        (iv) for an advanced service provisioned trunk line
    connected between the subscriber's premises and the public
    switched network through a P.B.X., where the advanced
    service provisioned trunk line is capable of transporting
    at least 2 but fewer than 23 simultaneous VGC's per trunk
    line, the telecommunications carrier collecting the
    surcharge may elect to impose surcharges in accordance with
    the table provided in this Section, without limiting any
    telecommunications carrier's obligations to otherwise keep
    and maintain records. Any telecommunications carrier
    electing to impose fewer than 12 surcharges per an advanced
    service provisioned trunk line shall keep and maintain
    records adequately to demonstrate the VGC capability of
    each advanced service provisioned trunk line with fewer
    than 12 surcharges imposed, provided that 12 surcharges
    shall be imposed on an advanced service provisioned trunk

 
    line regardless of the VGC capability where a
    telecommunications carrier cannot demonstrate the VGC
    capability of the advanced service provisioned trunk line.
 
Facility VGC's 911 Surcharges
Advanced service provisioned trunk line 18-23 12
Advanced service provisioned trunk line 12-17 10
Advanced service provisioned trunk line 2-11 8
    Subsections (i), (ii), (iii), and (iv) are not intended to
make any change in the meaning of this Section, but are
intended to remove possible ambiguity, thereby confirming the
intent of paragraph (a) as it existed prior to and following
the effective date of this amendatory Act of the 97th General
Assembly.
    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.
    (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, on or after the effective date of this amendatory Act
of the 98th General Assembly and until July 1, 2017 2015, a
municipality with a population of 500,000 or more shall not
impose a monthly surcharge per network connection in excess of
the highest monthly surcharge imposed as of January 1, 2014 by
any county or municipality under subsection (c) of this
Section. On or after July 1, 2017 2015, a municipality with a
population over 500,000 may not impose a monthly surcharge in
excess of $2.50 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. The pledge and agreement set forth in this Section
survive the termination of the surcharge under subsection (l)
by virtue of the replacement of the surcharge monies guaranteed
under Section 20; the State of Illinois pledges and agrees that
it will not limit or alter the rights vested in municipalities
and counties to the surcharge replacement funds guaranteed
under Section 20 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.
    (l) On and after the effective date of this amendatory Act
of the 99th General Assembly, no county or municipality, other
than a municipality with a population over 500,000, may impose
a monthly surcharge under this Section in excess of the amount
imposed by it on the effective date of this Act. Any surcharge
imposed pursuant to this Section by a county or municipality,
other than a municipality with a population in excess of
500,000, shall cease to be imposed on January 1, 2016.
(Source: P.A. 97-463, eff. 8-19-11; 98-634, eff. 6-6-14.)
 
    (50 ILCS 750/19 new)
    Sec. 19. Statewide 9-1-1 Advisory Board.
    (a) Beginning July 1, 2015, there is created the Statewide
9-1-1 Advisory Board within the Department of State Police. The
Board shall consist of the following 11 voting members:
        (1) The Director of the State Police, or his or her
    designee, who shall serve as chairman.
        (2) The Executive Director of the Commission, or his or
    her designee.
        (3) Nine members appointed by the Governor as follows:
            (A) one member representing the Illinois chapter
        of the National Emergency Number Association, or his or
        her designee;
            (B) one member representing the Illinois chapter
        of the Association of Public-Safety Communications
        Officials, or his or her designee;
            (C) one member representing a county 9-1-1 system
        from a county with a population of less than 50,000;
            (D) one member representing a county 9-1-1 system
        from a county with a population between 50,000 and
        250,000;
            (E) one member representing a county 9-1-1 system
        from a county with a population of more than 250,000;
            (F) one member representing a municipality with a
        population of less than 500,000 in a county with a
        population in excess of 2,000,000;
            (G) one member representing the Illinois
        Association of Chiefs of Police;
            (H) one member representing the Illinois Sheriffs'
        Association; and
            (I) one member representing the Illinois Fire
        Chiefs Association.
    The Governor shall appoint the following non-voting
members: (i) one member representing an incumbent local
exchange 9-1-1 system provider; (ii) one member representing a
non-incumbent local exchange 9-1-1 system provider; (iii) one
member representing a large wireless carrier; (iv) one member
representing a small wireless carrier; and (v) one member
representing the Illinois Telecommunications Association.
    (b) The Governor shall make initial appointments to the
Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the
voting members appointed by the Governor shall serve an initial
term of 2 years, and the remaining voting members appointed by
the Governor shall serve an initial term of 3 years.
Thereafter, each appointment by the Governor shall be for a
term of 3 years. Non-voting members shall serve for a term of 3
years. Vacancies shall be filled in the same manner as the
original appointment. Persons appointed to fill a vacancy shall
serve for the balance of the unexpired term.
    Members of the Statewide 9-1-1 Advisory Board shall serve
without compensation.
    (c) The 9-1-1 Services Advisory Board, as constituted on
June 1, 2015 without the legislative members, shall serve in
the role of the Statewide 9-1-1 Advisory Board until all
appointments of voting members have been made by the Governor
under subsection (a) of this Section.
    (d) The Statewide 9-1-1 Advisory Board shall:
        (1) advise the Department of State Police and the
    Statewide 9-1-1 Administrator on the oversight of 9-1-1
    systems and the development and implementation of a uniform
    statewide 9-1-1 system;
        (2) make recommendations to the Governor and the
    General Assembly regarding improvements to 9-1-1 services
    throughout the State; and
        (3) exercise all other powers and duties provided in
    this Act.
    (e) The Statewide 9-1-1 Advisory Board shall submit to the
General Assembly a report by March 1 of each year providing an
update on the transition to a statewide 9-1-1 system and
recommending any legislative action.
    (f) The Department of State Police shall provide
administrative support to the Statewide 9-1-1 Advisory Board.
 
    (50 ILCS 750/75 new)
    Sec. 75. Transfer of rights, functions, powers, duties, and
property to Department of State Police; rules and standards;
savings provisions.
    (a) On January 1, 2016, the rights, functions, powers, and
duties of the Illinois Commerce Commission as set forth in this
Act and the Wireless Emergency Telephone Safety Act existing
prior to January 1, 2016, are transferred to and shall be
exercised by the Department of State Police. On or before
January 1, 2016, the Commission shall transfer and deliver to
the Department all books, records, documents, property (real
and personal), unexpended appropriations, and pending business
pertaining to the rights, powers, duties, and functions
transferred to the Department under this amendatory Act of the
99th General Assembly.
    (b) The rules and standards of the Commission that are in
effect on January 1, 2016 and that pertain to the rights,
powers, duties, and functions transferred to the Department
under this amendatory Act of the 99th General Assembly shall
become the rules and standards of the Department on January 1,
2016, and shall continue in effect until amended or repealed by
the Department.
    Any rules pertaining to the rights, powers, duties, and
functions transferred to the Department under this amendatory
Act of the 99th General Assembly that have been proposed by the
Commission but have not taken effect or been finally adopted by
January 1, 2016, shall become proposed rules of the Department
on January 1, 2016, and any rulemaking procedures that have
already been completed by the Commission for those proposed
rules need not be repealed.
    As soon as it is practical after January 1, 2016, the
Department shall revise and clarify the rules transferred to it
under this amendatory Act of the 99th General Assembly to
reflect the transfer of rights, powers, duties, and functions
effected by this amendatory Act of the 99th General Assembly
using the procedures for recodification of rules available
under the Illinois Administrative Procedure Act, except that
existing title, part, and section numbering for the affected
rules may be retained. The Department may propose and adopt
under the Illinois Administrative Procedure Act any other rules
necessary to consolidate and clarify those rules.
    (c) The rights, powers, duties, and functions transferred
to the Department by this amendatory Act of the 99th General
Assembly shall be vested in and exercised by the Department
subject to the provisions of this Act and the Wireless
Emergency Telephone Safety Act. An act done by the Department
or an officer, employee, or agent of the Department in the
exercise of the transferred rights, powers, duties, and
functions shall have the same legal effect as if done by the
Commission or an officer, employee, or agent of the Commission.
    The transfer of rights, powers, duties, and functions to
the Department under this amendatory Act of the 99th General
Assembly does not invalidate any previous action taken by or in
respect to the Commission, its officers, employees, or agents.
References to the Commission or its officers, employees, or
agents in any document, contract, agreement, or law shall, in
appropriate contexts, be deemed to refer to the Department or
its officers, employees, or agents.
    The transfer of rights, powers, duties, and functions to
the Department under this amendatory Act of the 99th General
Assembly does not affect any person's rights, obligations, or
duties, including any civil or criminal penalties applicable
thereto, arising out of those transferred rights, powers,
duties, and functions.
    This amendatory Act of the 99th General Assembly does not
affect any act done, ratified, or cancelled, any right
occurring or established, or any action or proceeding commenced
in an administrative, civil, or criminal case before January 1,
2016. Any such action or proceeding that pertains to a right,
power, duty, or function transferred to the Department under
this amendatory Act of the 99th General Assembly that is
pending on that date may be prosecuted, defended, or continued
by the Commission.
    For the purposes of Section 9b of the State Finance Act,
the Department is the successor to the Commission with respect
to the rights, duties, powers, and functions transferred by
this amendatory Act of the 99th General Assembly.
    (c) The Department is authorized to enter into an
intergovernmental agreement with the Commission for the
purpose of having the Commission assist the Department and the
Statewide 9-1-1 Administrator in carrying out their duties and
functions under this Act. The agreement may provide for funding
for the Commission for its assistance to the Department and the
Statewide 9-1-1 Administrator.
 
    (50 ILCS 750/99 new)
    Sec. 99. Repealer. This Act is repealed on July 1, 2017.
 
    Section 1-25. The Wireless Emergency Telephone Safety Act
is amended by changing Sections 27, 45, and 70 as follows:
 
    (50 ILCS 751/27)
    (Section scheduled to be repealed on July 1, 2015)
    Sec. 27. Financial reports.
    (a) The Illinois Commerce Commission shall create uniform
accounting procedures, with such modification as may be
required to give effect to statutory provisions applicable only
to municipalities with a population in excess of 500,000, that
any emergency telephone system board, qualified governmental
entity, or unit of local government described in Section 15 of
this Act and Section 15.4 of the Emergency Telephone System Act
or any entity imposing a wireless surcharge pursuant to Section
45 of this Act must follow.
    (b) By October 1, 2014, each emergency telephone system
board, qualified governmental entity, or unit of local
government described in Section 15 of this Act and Section 15.4
of the Emergency Telephone System Act or any entity imposing a
wireless surcharge pursuant to Section 45 of this Act shall
report to the Illinois Commerce Commission audited financial
statements showing total revenue and expenditures for each of
the last two of its fiscal years in a form and manner as
prescribed by the Illinois Commerce Commission's Manager of
Accounting. Such financial information shall include:
        (1) a detailed summary of revenue from all sources
    including, but not limited to, local, State, federal, and
    private revenues, and any other funds received;
        (2) operating expenses, capital expenditures, and cash
    balances; and
        (3) such other financial information that is relevant
    to the provision of 9-1-1 services as determined by the
    Illinois Commerce Commission's Manager of Accounting.
    The emergency telephone system board, qualified
governmental entity, or unit of local government is responsible
for any costs associated with auditing such financial
statements. The Illinois Commerce Commission shall post the
audited financial statements on the Commission's website.
    (c) By October 1, 2015 January 31, 2016 and each year
thereafter, each emergency telephone system board, qualified
governmental entity, or unit of local government described in
Section 15 of this Act and Section 15.4 of the Emergency
Telephone System Act or any entity imposing a wireless
surcharge pursuant to Section 45 of this Act shall report to
the Illinois Commerce Commission audited annual financial
statements showing total revenue and expenditures in a form and
manner as prescribed by the Illinois Commerce Commission's
Manager of Accounting.
    The emergency telephone system board, qualified
governmental entity, or unit of local government is responsible
for any costs associated with auditing such financial
statements.
    The Illinois Commerce Commission shall post each entity's
individual audited annual financial statements on the
Commission's website.
    (d) If an emergency telephone system board or qualified
governmental entity that receives funds from the Wireless
Service Emergency Fund fails to file the 9-1-1 system financial
reports as required under this Section, the Illinois Commerce
Commission shall suspend and withhold monthly grants otherwise
due to the emergency telephone system board or qualified
governmental entity under Section 25 of this Act until the
report is filed.
    Any monthly grants that have been withheld for 12 months or
more shall be forfeited by the emergency telephone system board
or qualified governmental entity and shall be distributed
proportionally by the Illinois Commerce Commission to
compliant emergency telephone system boards and qualified
governmental entities that receive funds from the Wireless
Service Emergency Fund.
    (e) The Illinois Commerce Commission may adopt emergency
rules necessary to carry out the provisions of this Section.
(Source: P.A. 98-634, eff. 6-6-14.)
 
    (50 ILCS 751/45)
    (Section scheduled to be repealed on July 1, 2015)
    Sec. 45. Continuation of current practices.
    (a) 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, except as provided in subsection (b) of this
Section, in no event shall that monthly surcharge exceed $2.50
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.
    (b) On or after the effective date of this amendatory Act
of the 98th General Assembly and until July 1, 2017 2015, the
corporate authorities of a municipality with a population in
excess of 500,000 on the effective date of this amendatory Act
may by ordinance impose and collect a monthly surcharge per
commercial mobile radio service (CMRS) connection or
in-service telephone number billed on a monthly basis that does
not exceed the highest monthly surcharge imposed as of January
1, 2014 by any county or municipality under subsection (c) of
Section 15.3 of the Emergency Telephone System Act. On or after
July 1, 2017 2015, the municipality may continue imposing and
collecting its wireless carrier surcharge as provided in and
subject to the limitations of subsection (a) of this Section.
    (c) 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. 98-634, eff. 6-6-14.)
 
    (50 ILCS 751/70)
    (Section scheduled to be repealed on July 1, 2015)
    Sec. 70. Repealer. This Act is repealed on December 31 July
1, 2015.
(Source: P.A. 97-1163, eff. 2-4-13; 98-45, eff. 6-28-13;
98-634, eff. 6-6-14.)
 
    Section 1-30. The Prepaid Wireless 9-1-1 Surcharge Act is
amended by changing Section 15 as follows:
 
    (50 ILCS 753/15)
    Sec. 15. Prepaid wireless 9-1-1 surcharge.
    (a) Until September 30, 2015, there There is hereby imposed
on consumers a prepaid wireless 9-1-1 surcharge of 1.5% per
retail transaction. Beginning October 1, 2015, the prepaid
wireless 9-1-1 surcharge shall be 3% per retail transaction.
The surcharge authorized by this subsection (a) does not apply
in a home rule municipality having a population in excess of
500,000. The amount of the surcharge may be reduced or
increased pursuant to subsection (e).
    (a-5) On or after the effective date of this amendatory Act
of the 98th General Assembly and until July 1, 2017 2015, a
home rule municipality having a population in excess of 500,000
on the effective date of this amendatory Act may impose a
prepaid wireless 9-1-1 surcharge not to exceed 9% per retail
transaction sourced to that jurisdiction and collected and
remitted in accordance with the provisions of subsection (b-5)
of this Section. On or after July 1, 2017 2015, a home rule
municipality having a population in excess of 500,000 on the
effective date of this Act may only impose a prepaid wireless
9-1-1 surcharge not to exceed 7% per retail transaction sourced
to that jurisdiction and collected and remitted in accordance
with the provisions of subsection (b-5).
    (b) The prepaid wireless 9-1-1 surcharge shall be collected
by the seller from the consumer with respect to each retail
transaction occurring in this State and shall be remitted to
the Department by the seller as provided in this Act. The
amount of the prepaid wireless 9-1-1 surcharge shall be
separately stated as a distinct item apart from the charge for
the prepaid wireless telecommunications service on an invoice,
receipt, or other similar document that is provided to the
consumer by the seller or shall be otherwise disclosed to the
consumer. If the seller does not separately state the surcharge
as a distinct item to the consumer as provided in this Section,
then the seller shall maintain books and records as required by
this Act which clearly identify the amount of the 9-1-1
surcharge for retail transactions.
    For purposes of this subsection (b), a retail transaction
occurs in this State if (i) the retail transaction is made in
person by a consumer at the seller's business location and the
business is located within the State; (ii) the seller is a
provider and sells prepaid wireless telecommunications service
to a consumer located in Illinois; (iii) the retail transaction
is treated as occurring in this State for purposes of the
Retailers' Occupation Tax Act; or (iv) a seller that is
included within the definition of a "retailer maintaining a
place of business in this State" under Section 2 of the Use Tax
Act makes a sale of prepaid wireless telecommunications service
to a consumer located in Illinois. In the case of a retail
transaction which does not occur in person at a seller's
business location, if a consumer uses a credit card to purchase
prepaid wireless telecommunications service on-line or over
the telephone, and no product is shipped to the consumer, the
transaction occurs in this State if the billing address for the
consumer's credit card is in this State.
    (b-5) The prepaid wireless 9-1-1 surcharge imposed under
subsection (a-5) of this Section shall be collected by the
seller from the consumer with respect to each retail
transaction occurring in the municipality imposing the
surcharge. The amount of the prepaid wireless 9-1-1 surcharge
shall be separately stated on an invoice, receipt, or other
similar document that is provided to the consumer by the seller
or shall be otherwise disclosed to the consumer. If the seller
does not separately state the surcharge as a distinct item to
the consumer as provided in this Section, then the seller shall
maintain books and records as required by this Act which
clearly identify the amount of the 9-1-1 surcharge for retail
transactions.
    For purposes of this subsection (b-5), a retail transaction
occurs in the municipality if (i) the retail transaction is
made in person by a consumer at the seller's business location
and the business is located within the municipality; (ii) the
seller is a provider and sells prepaid wireless
telecommunications service to a consumer located in the
municipality; (iii) the retail transaction is treated as
occurring in the municipality for purposes of the Retailers'
Occupation Tax Act; or (iv) a seller that is included within
the definition of a "retailer maintaining a place of business
in this State" under Section 2 of the Use Tax Act makes a sale
of prepaid wireless telecommunications service to a consumer
located in the municipality. In the case of a retail
transaction which does not occur in person at a seller's
business location, if a consumer uses a credit card to purchase
prepaid wireless telecommunications service on-line or over
the telephone, and no product is shipped to the consumer, the
transaction occurs in the municipality if the billing address
for the consumer's credit card is in the municipality.
    (c) The prepaid wireless 9-1-1 surcharge is imposed on the
consumer and not on any provider. The seller shall be liable to
remit all prepaid wireless 9-1-1 surcharges that the seller
collects from consumers as provided in Section 20, including
all such surcharges that the seller is deemed to collect where
the amount of the surcharge has not been separately stated on
an invoice, receipt, or other similar document provided to the
consumer by the seller. The surcharge collected or deemed
collected by a seller shall constitute a debt owed by the
seller to this State, and any such surcharge actually collected
shall be held in trust for the benefit of the Department.
    For purposes of this subsection (c), the surcharge shall
not be imposed or collected from entities that have an active
tax exemption identification number issued by the Department
under Section 1g of the Retailers' Occupation Tax Act.
    (d) The amount of the prepaid wireless 9-1-1 surcharge that
is collected by a seller from a consumer, if such amount is
separately stated on an invoice, receipt, or other similar
document provided to the consumer by the seller, shall not be
included in the base for measuring any tax, fee, surcharge, or
other charge that is imposed by this State, any political
subdivision of this State, or any intergovernmental agency.
    (e) (Blank). The prepaid wireless 9-1-1 charge imposed
under subsection (a) of this Section shall be proportionately
increased or reduced, as applicable, upon any change to the
surcharge imposed under Section 17 of the Wireless Emergency
Telephone Safety Act. The adjusted rate shall be determined by
dividing the amount of the surcharge imposed under Section 17
of the Wireless Emergency Telephone Safety Act by $50. Such
increase or reduction shall be effective on the first day of
the first calendar month to occur at least 60 days after the
enactment of the change to the surcharge imposed under Section
17 of the Wireless Emergency Telephone Safety Act. The
Department shall provide not less than 30 days' notice of an
increase or reduction in the amount of the surcharge on the
Department's website.
    (e-5) Any changes in the rate of the surcharge imposed by a
municipality under the authority granted in subsection (a-5) of
this Section shall be effective on the first day of the first
calendar month to occur at least 60 days after the enactment of
the change. The Department shall provide not less than 30 days'
notice of the increase or reduction in the rate of such
surcharge on the Department's website.
    (f) When prepaid wireless telecommunications service is
sold with one or more other products or services for a single,
non-itemized price, then the percentage specified in
subsection (a) or (a-5) of this Section 15 shall be applied to
the entire non-itemized price unless the seller elects to apply
the percentage to (i) the dollar amount of the prepaid wireless
telecommunications service if that dollar amount is disclosed
to the consumer or (ii) the portion of the price that is
attributable to the prepaid wireless telecommunications
service if the retailer can identify that portion by reasonable
and verifiable standards from its books and records that are
kept in the regular course of business for other purposes,
including, but not limited to, books and records that are kept
for non-tax purposes. However, if a minimal amount of prepaid
wireless telecommunications service is sold with a prepaid
wireless device for a single, non-itemized price, then the
seller may elect not to apply the percentage specified in
subsection (a) or (a-5) of this Section 15 to such transaction.
For purposes of this subsection, an amount of service
denominated as 10 minutes or less or $5 or less is considered
minimal.
    (g) The prepaid wireless 9-1-1 surcharge imposed under
subsections (a) and (a-5) of this Section is not imposed on the
provider or the consumer for wireless Lifeline service where
the consumer does not pay the provider for the service. Where
the consumer purchases from the provider optional minutes,
texts, or other services in addition to the federally funded
Lifeline benefit, a consumer must pay the prepaid wireless
9-1-1 surcharge, and it must be collected by the seller
according to subsection (b-5).
(Source: P.A. 97-463, eff. 1-1-12; 97-748, eff. 7-6-12; 98-634,
eff. 6-6-14.)
 
    Section 1-31. The Counties Code is amended by changing
Section 5-1095.1 as follows:
 
    (55 ILCS 5/5-1095.1)
    Sec. 5-1095.1. County franchise fee or service provider fee
review; requests for information.
    (a) If pursuant to its franchise agreement with a community
antenna television system (CATV) operator, a county imposes a
franchise fee authorized by 47 U.S.C. 542 or if a community
antenna television system (CATV) operator providing cable or
video service in that county is required to pay the service
provider fees imposed by the Cable and Video Competition Law of
2007, then the county may conduct an audit of that CATV
operator's franchise fees or service provider fees derived from
the provision of cable and video services to subscribers within
the franchise area to determine whether the amount of franchise
fees or service provider fees paid by that CATV operator to the
county was accurate. Any audit conducted under this subsection
(a) shall determine, for a period of not more than 4 years
after the date the franchise fees or service provider fees were
due, any overpayment or underpayment to the county by the CATV
operator, and the amount due to the county or CATV operator is
limited to the net difference.
    (b) Not more than once every 2 years, a county or its agent
that is authorized to perform an audit as set forth in
subsection (a) that has imposed a franchise fee authorized by
47 U.S.C. 542 may, subject to the limitations and protections
stated in the Local Government Taxpayers' Bill of Rights Act,
request information from the CATV operator in the format
maintained by the CATV operator in the ordinary course of its
business that the county reasonably requires in order to
perform an audit under subsection (a). The information that may
be requested by the county includes without limitation the
following:
        (1) in an electronic format used by the CATV operator
    in the ordinary course of its business, the database used
    by the CATV operator to determine the amount of the
    franchise fee or service provider fee due to the county;
    and
        (2) in a format used by the CATV operator in the
    ordinary course of its business, summary data, as needed by
    the county, to determine the CATV operator's franchise fees
    or service provider fees derived from the provision of
    cable and video services to subscribers within the CATV
    operator's franchise area.
    (c) The CATV operator must provide the information
requested under subsection (b) within:
        (1) 60 days after the receipt of the request if the
    population of the requesting county is 500,000 or less; or
        (2) 90 days after the receipt of the request if the
    population of the requesting county exceeds 500,000.
    The time in which a CATV operator must provide the
information requested under subsection (b) may be extended by
written an agreement between the county or its agent and the
CATV operator.
    (c-5) The county or its agent must provide an initial
report of its audit findings to the CATV operator no later than
90 days after the information set forth in subsection (b) of
this Section has been provided by the CATV operator. This
90-day timeline may be extended one time by written agreement
between the county or its agent and the CATV operator. However,
in no event shall an extension of time exceed 90 days. This
initial report of audit findings shall detail the basis of its
findings and provide, but not be limited to, the following
information: (i) any overpayments of franchise fees or service
provider fees, (ii) any underpayments of franchise fees or
service provider fees, (iii) all county addresses that should
be included in the CATV operator's database and attributable to
that county for determination of franchise fees or service
provider fees, and (iv) addresses that should not be included
in the CATV operator's database and addresses that are not
attributable to that county for determination of franchise fees
or service provider fees. Generally accepted auditing
standards shall be utilized by the county and its agents in its
review of information provided by the CATV operator.
    (c-10) In the event that the county or its agent does not
provide the initial report of the audit findings to the CATV
operator with the timeframes set forth in subsection (c-5) of
this Section, then the audit shall be deemed completed and to
have conclusively found that there was no overpayment or
underpayment by the CATV operator during the 24 months prior to
the county or its agents requesting the information set forth
in subsection (b) of this Section.
    (d) If an audit by the county or its agents finds an error
by the CATV operator in the amount of the franchise fees or
service provider fees paid by the CATV operator to the county,
then the county shall may notify the CATV operator of the
error. Any such notice must be given to the CATV operator by
the county or its agent within 90 days after the county or its
agent discovers the error, and no later than 4 years after the
date the franchise fee or service provider fee was due. Upon
such a notice, the CATV operator must submit a written response
within 60 days after receipt of the notice stating that the
CATV operator has corrected the error on a prospective basis or
stating the reason that the error is inapplicable or
inaccurate. The county or its agent then has 60 days after the
receipt of the CATV operator's response to review and contest
the conclusion of the CATV operator. No legal proceeding to
collect a deficiency or overpayment based upon an alleged error
shall be commenced unless within 180 days after the county's
notification of the error to the CATV operator the parties are
unable to agree on the disposition of the audit findings.
    Any legal proceeding to collect a deficiency as set forth
in this subsection (d) shall be filed in the appropriate
circuit court.
    (e) No CATV operator is liable for any error in past
franchise fee or service provider fee payments that was unknown
by the CATV operator prior to the audit process unless (i) the
error was due to negligence on the part of the CATV operator in
the collection or processing of required data and (ii) the
county had not failed to respond in writing in a timely manner
to any written request of the CATV operator to review and
correct information used by the CATV operator to calculate the
appropriate franchise fees or service provider fees if a
diligent review of such information by the county reasonably
could have been expected to discover such error.
    (f) All account specific information provided by a CATV
operator under this Section may be used only for the purpose of
an audit conducted under this Section and the enforcement of
any franchise fee or service provider fee delinquent claim. All
such information must be held in strict confidence by the
county and its agents and may not be disclosed to the public
under the Freedom of Information Act or under any other similar
statutes allowing for or requiring public disclosure.
    (f-5) All contracts by and between a county and a third
party for the purposes of conducting an audit as contemplated
in this Code shall be disclosed to the public under the Freedom
of Information Act or under similar statutes allowing for or
requiring public disclosure.
    (g) For the purposes of this Section, "CATV operator" means
a person or entity that provides cable and video services under
a franchise agreement with a county pursuant to Section 5-1095
of the Counties Code and a holder authorized under Section
21-401 of the Cable and Video Competition Law of 2007 as
consistent with Section 21-901 of that Law.
    (h) This Section does not apply to any action that was
commenced, to any complaint that was filed, or to any audit
that was commenced before the effective date of this amendatory
Act of the 96th General Assembly. This Section also does not
apply to any franchise agreement that was entered into before
the effective date of this amendatory Act of the 96th General
Assembly unless the franchise agreement contains audit
provisions but no specifics regarding audit procedures.
    (i) The provisions of this Section shall not be construed
as diminishing or replacing any civil remedy available to a
county, taxpayer, or tax collector.
    (j) If a contingent fee is paid to an auditor, then the
payment must be based upon the net difference of the complete
audit.
    (k) Within 90 days after the effective date of this
amendatory Act of the 96th General Assembly, a county shall
provide to any CATV operator a complete list of addresses
within the corporate limits of the county and shall annually
update the list.
    (l) This Section is a denial and limitation of home rule
powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
(Source: P.A. 96-1422, eff. 8-3-10.)
 
    Section 1-33. The Illinois Municipal Code is amended by
changing Section 11-42-11.05 as follows:
 
    (65 ILCS 5/11-42-11.05)
    Sec. 11-42-11.05. Municipal franchise fee or service
provider fee review; requests for information.
    (a) If pursuant to its franchise agreement with a community
antenna television system (CATV) operator, a municipality
imposes a franchise fee authorized by 47 U.S.C. 542 or if a
community antenna television system (CATV) operator providing
cable or video service in that municipality is required to pay
the service provider fees imposed by the Cable and Video
Competition Law of 2007, then the municipality may conduct an
audit of that CATV operator's franchise fees or service
provider fees derived from the provision of cable and video
services to subscribers within the franchise area to determine
whether the amount of franchise fees or service provider fees
paid by that CATV operator to the municipality was accurate.
Any audit conducted under this subsection (a) shall determine,
for a period of not more than 4 years after the date the
franchise fees or service provider fees were due, any
overpayment or underpayment to the municipality by the CATV
operator, and the amount due to the municipality or CATV
operator is limited to the net difference.
    (b) Not more than once every 2 years, a municipality or its
agent that is authorized to perform an audit as set forth in
subsection (a) of this Section that has imposed a franchise fee
authorized by 47 U.S.C. 542 may, subject to the limitations and
protections stated in the Local Government Taxpayers' Bill of
Rights Act, request information from the CATV operator in the
format maintained by the CATV operator in the ordinary course
of its business that the municipality reasonably requires in
order to perform an audit under subsection (a). The information
that may be requested by the municipality includes without
limitation the following:
        (1) in an electronic format used by the CATV operator
    in the ordinary course of its business, the database used
    by the CATV operator to determine the amount of the
    franchise fee or service provider fee due to the
    municipality; and
        (2) in a format used by the CATV operator in the
    ordinary course of its business, summary data, as needed by
    the municipality, to determine the CATV operator's
    franchise fees or service provider fees derived from the
    provision of cable and video services to subscribers within
    the CATV operator's franchise area.
    (c) The CATV operator must provide the information
requested under subsection (b) within:
        (1) 60 days after the receipt of the request if the
    population of the requesting municipality is 500,000 or
    less; or
        (2) 90 days after the receipt of the request if the
    population of the requesting municipality exceeds 500,000.
    The time in which a CATV operator must provide the
information requested under subsection (b) may be extended by
written an agreement between the municipality or its agent and
the CATV operator.
    (c-5) The municipality or its agent must provide an initial
report of its audit findings to the CATV operator no later than
90 days after the information set forth in subsection (b) of
this Section has been provided by the CATV operator. This
90-day timeline may be extended one time by written agreement
between the municipality or its agents and the CATV operator.
However, in no event shall an extension of time exceed 90 days.
This initial report of audit findings shall detail the basis of
its findings and provide, but not be limited to, the following
information: (i) any overpayments of franchise fees or service
provider fees, (ii) any underpayments of franchise fees or
service provider fees, (iii) all municipal addresses that
should be included in the CATV operator's database and
attributable to that municipality for determination of
franchise fees or service provider fees, and (iv) addresses
that should not be included in the CATV operator's database and
addresses that are not attributable to that municipality for
determination of franchise fees or service provider fees.
Generally accepted auditing standards shall be utilized by the
municipality and its agents in its review of information
provided by the CATV operator.
    (c-10) In the event that the municipality or its agent does
not provide the initial report of the audit findings to the
CATV operator with the timeframes set forth in subsection (c-5)
of this Section, then the audit shall be deemed completed and
to have conclusively found that there was no overpayment or
underpayment by the CATV operator during the 24 months prior to
the municipality or its agents requesting the information set
forth in subsection (b) of this Section.
    (d) If an audit by the municipality or its agents finds an
error by the CATV operator in the amount of the franchise fees
or service provider fees paid by the CATV operator to the
municipality, then the municipality shall may notify the CATV
operator of the error. Any such notice must be given to the
CATV operator by the municipality or its agent within 90 days
after the municipality or its agent discovers the error, and no
later than 4 years after the date the franchise fee or service
provider fee was due. Upon such a notice, the CATV operator
must submit a written response within 60 days after receipt of
the notice stating that the CATV operator has corrected the
error on a prospective basis or stating the reason that the
error is inapplicable or inaccurate. The municipality or its
agent then has 60 days after the receipt of the CATV operator's
response to review and contest the conclusion of the CATV
operator. No legal proceeding to collect a deficiency or
overpayment based upon an alleged error shall be commenced
unless within 180 days after the municipality's notification of
the error to the CATV operator the parties are unable to agree
on the disposition of the audit findings.
    Any legal proceeding to collect a deficiency as set forth
in this subsection (d) shall be filed in the appropriate
circuit court.
    (e) No CATV operator is liable for any error in past
franchise fee or service provider fee payments that was unknown
by the CATV operator prior to the audit process unless (i) the
error was due to negligence on the part of the CATV operator in
the collection or processing of required data and (ii) the
municipality had not failed to respond in writing in a timely
manner to any written request of the CATV operator to review
and correct information used by the CATV operator to calculate
the appropriate franchise fees or service provider fees if a
diligent review of such information by the municipality
reasonably could have been expected to discover such error.
    (f) All account specific information provided by a CATV
operator under this Section may be used only for the purpose of
an audit conducted under this Section and the enforcement of
any franchise fee or service provider fee delinquent claim. All
such information must be held in strict confidence by the
municipality and its agents and may not be disclosed to the
public under the Freedom of Information Act or under any other
similar statutes allowing for or requiring public disclosure.
    (f-5) All contracts by and between a municipality and a
third party for the purposes of conducting an audit as
contemplated in this Article shall be disclosed to the public
under the Freedom of Information Act or under similar statutes
allowing for or requiring public disclosure.
    (g) For the purposes of this Section, "CATV operator" means
a person or entity that provides cable and video services under
a franchise agreement with a municipality pursuant to Section
11-42-11 of the Municipal Code and a holder authorized under
Section 21-401 of the Cable and Video Competition Law of 2007
as consistent with Section 21-901 of that Law.
    (h) This Section does not apply to any action that was
commenced, to any complaint that was filed, or to any audit
that was commenced before the effective date of this amendatory
Act of the 96th General Assembly. This Section also does not
apply to any franchise agreement that was entered into before
the effective date of this amendatory Act of the 96th General
Assembly unless the franchise agreement contains audit
provisions but no specifics regarding audit procedures.
    (i) The provisions of this Section shall not be construed
as diminishing or replacing any civil remedy available to a
municipality, taxpayer, or tax collector.
    (j) If a contingent fee is paid to an auditor, then the
payment must be based upon the net difference of the complete
audit.
    (k) Within 90 days after the effective date of this
amendatory Act of the 96th General Assembly, a municipality
shall provide to any CATV operator a complete list of addresses
within the corporate limits of the municipality and shall
annually update the list.
    (l) This Section is a denial and limitation of home rule
powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
    (m) This Section does not apply to any municipality having
a population of more than 1,000,000.
(Source: P.A. 96-1422, eff. 8-3-10.)
 
    Section 1-35. The Public Utilities Act is amended by
changing Sections 13-506.2, 13-703, 13-1200, 21-401, 21-801,
21-901, 21-1001, and 21-1601 as follows:
 
    (220 ILCS 5/13-506.2)
    (Section scheduled to be repealed on July 1, 2015)
    Sec. 13-506.2. Market regulation for competitive retail
services.
    (a) Definitions. As used in this Section:
        (1) "Electing Provider" means a telecommunications
    carrier that is subject to either rate regulation pursuant
    to Section 13-504 or Section 13-505 or alternative
    regulation pursuant to Section 13-506.1 and that elects to
    have the rates, terms, and conditions of its competitive
    retail telecommunications services solely determined and
    regulated pursuant to the terms of this Article.
        (2) "Basic local exchange service" means either a
    stand-alone residence network access line and per-call
    usage or, for any geographic area in which such stand-alone
    service is not offered, a stand-alone flat rate residence
    network access line for which local calls are not charged
    for frequency or duration. Extended Area Service shall be
    included in basic local exchange service.
        (3) "Existing customer" means a residential customer
    who was subscribing to one of the optional packages
    described in subsection (d) of this Section as of the
    effective date of this amendatory Act of the 99th General
    Assembly. A customer who was subscribing to one of the
    optional packages on that date but stops subscribing
    thereafter shall not be considered an "existing customer"
    as of the date the customer stopped subscribing to the
    optional package, unless the stoppage is temporary and
    caused by the customer changing service address locations,
    or unless the customer resumes subscribing and is eligible
    to receive discounts on monthly telephone service under the
    federal Lifeline program, 47 C.F.R. Part 54, Subpart E.
        (4) "New customer" means a residential customer who was
    not subscribing to one of the optional packages described
    in subsection (d) of this Section as of the effective date
    of this amendatory Act of the 99th General Assembly and who
    is eligible to receive discounts on monthly telephone
    service under the federal Lifeline program, 47 C.F.R. Part
    54, Subpart E.
    (b) Election for market regulation. Notwithstanding any
other provision of this Act, an Electing Provider may elect to
have the rates, terms, and conditions of its competitive retail
telecommunications services solely determined and regulated
pursuant to the terms of this Section by filing written notice
of its election for market regulation with the Commission. The
notice of election shall designate the geographic area of the
Electing Provider's service territory where the market
regulation shall apply, either on a state-wide basis or in one
or more specified Market Service Areas ("MSA") or Exchange
areas. An Electing Provider shall not make an election for
market regulation under this Section unless it commits in its
written notice of election for market regulation to fulfill the
conditions and requirements in this Section in each geographic
area in which market regulation is elected. Immediately upon
filing the notice of election for market regulation, the
Electing Provider shall be subject to the jurisdiction of the
Commission to the extent expressly provided in this Section.
    (c) Competitive classification. Market regulation shall be
available for competitive retail telecommunications services
as provided in this subsection.
        (1) For geographic areas in which telecommunications
    services provided by the Electing Provider were classified
    as competitive either through legislative action or a
    tariff filing pursuant to Section 13-502 prior to January
    1, 2010, and that are included in the Electing Provider's
    notice of election pursuant to subsection (b) of this
    Section, such services, and all recurring and nonrecurring
    charges associated with, related to or used in connection
    with such services, shall be classified as competitive
    without further Commission review. For services classified
    as competitive pursuant to this subsection, the
    requirements or conditions in any order or decision
    rendered by the Commission pursuant to Section 13-502 prior
    to the effective date of this amendatory Act of the 96th
    General Assembly, except for the commitments made by the
    Electing Provider in such order or decision concerning the
    optional packages required in subsection (d) of this
    Section and basic local exchange service as defined in this
    Section, shall no longer be in effect and no Commission
    investigation, review, or proceeding under Section 13-502
    shall be continued, conducted, or maintained with respect
    to such services, charges, requirements, or conditions. If
    an Electing Provider has ceased providing optional
    packages to customers pursuant to subdivision (d)(8) of
    this Section, the commitments made by the Electing Provider
    in such order or decision concerning the optional packages
    under subsection (d) of this Section shall no longer be in
    effect and no Commission investigation, review, or
    proceeding under Section 13-502 shall be continued,
    conducted, or maintained with respect to such packages.
        (2) For those geographic areas in which residential
    local exchange telecommunications services have not been
    classified as competitive as of the effective date of this
    amendatory Act of the 96th General Assembly, all
    telecommunications services provided to residential and
    business end users by an Electing Provider in the
    geographic area that is included in its notice of election
    pursuant to subsection (b) shall be classified as
    competitive for purposes of this Article without further
    Commission review.
        (3) If an Electing Provider was previously subject to
    alternative regulation pursuant to Section 13-506.1 of
    this Article, the alternative regulation plan shall
    terminate in whole for all services subject to that plan
    and be of no force or effect, without further Commission
    review or action, when the Electing Provider's residential
    local exchange telecommunications service in each MSA in
    its telecommunications service area in the State has been
    classified as competitive pursuant to either subdivision
    (c)(1) or (c)(2) of this Section.
        (4) The service packages described in Section 13-518
    shall be classified as competitive for purposes of this
    Section if offered by an Electing Provider in a geographic
    area in which local exchange telecommunications service
    has been classified as competitive pursuant to either
    subdivision (c)(1) or (c)(2) of this Section.
        (5) Where a service, or its functional equivalent, or a
    substitute service offered by a carrier that is not an
    Electing Provider or the incumbent local exchange carrier
    for that area is also being offered by an Electing Provider
    for some identifiable class or group of customers in an
    exchange, group of exchanges, or some other clearly defined
    geographical area, the service offered by a carrier that is
    not an Electing Provider or the incumbent local exchange
    carrier for that area shall be classified as competitive
    without further Commission review.
        (6) Notwithstanding any other provision of this Act,
    retail telecommunications services classified as
    competitive pursuant to Section 13-502 or subdivision
    (c)(5) of this Section shall have their rates, terms, and
    conditions solely determined and regulated pursuant to the
    terms of this Section in the same manner and to the same
    extent as the competitive retail telecommunications
    services of an Electing Provider, except that subsections
    (d), (g), and (j) of this Section shall not apply to a
    carrier that is not an Electing Provider or to the
    competitive telecommunications services of a carrier that
    is not an Electing Provider. The access services of a
    carrier that is not an Electing Provider shall remain
    subject to Section 13-900.2. The requirements in
    subdivision (e)(3) of this Section shall not apply to
    retail telecommunications services classified as
    competitive pursuant to Section 13-502 or subdivision
    (c)(5) of this Section, except that, upon request from the
    Commission, the telecommunications carrier providing
    competitive retail telecommunications services shall
    provide a report showing the number of credits and
    exemptions for the requested time period.
    (d) Consumer choice safe harbor options.
        (1) Subject to subdivision (d)(8) of this Section, an
    An Electing Provider in each of the MSA or Exchange areas
    classified as competitive pursuant to subdivision (c)(1)
    or (c)(2) of this Section shall offer to all residential
    customers who choose to subscribe the following optional
    packages of services priced at the same rate levels in
    effect on January 1, 2010:
            (A) A basic package, which shall consist of a
        stand-alone residential network access line and 30
        local calls. If the Electing Provider offers a
        stand-alone residential access line and local usage on
        a per call basis, the price for the basic package shall
        be the Electing Provider's applicable price in effect
        on January 1, 2010 for the sum of a residential access
        line and 30 local calls, additional calls over 30 calls
        shall be provided at the current per call rate.
        However, this basic package is not required if
        stand-alone residential network access lines or
        per-call local usage are not offered by the Electing
        Provider in the geographic area on January 1, 2010 or
        if the Electing Provider has not increased its
        stand-alone network access line and local usage rates,
        including Extended Area Service rates, since January
        1, 2010.
            (B) An extra package, which shall consist of
        residential basic local exchange network access line
        and unlimited local calls. The price for the extra
        package shall be the Electing Provider's applicable
        price in effect on January 1, 2010 for a residential
        access line with unlimited local calls.
            (C) A plus package, which shall consist of
        residential basic local exchange network access line,
        unlimited local calls, and the customer's choice of 2
        vertical services offered by the Electing Provider.
        The term "vertical services" as used in this
        subsection, includes, but is not limited to, call
        waiting, call forwarding, 3-way calling, caller ID,
        call tracing, automatic callback, repeat dialing, and
        voicemail. The price for the plus package shall be the
        Electing Provider's applicable price in effect on
        January 1, 2010 for the sum of a residential access
        line with unlimited local calls and 2 times the average
        price for the vertical features included in the
        package.
        (2) Subject to subdivision (d)(8) of this Section, for
    For those geographic areas in which local exchange
    telecommunications services were classified as competitive
    on the effective date of this amendatory Act of the 96th
    General Assembly, an Electing Provider in each such MSA or
    Exchange area shall be subject to the same terms and
    conditions as provided in commitments made by the Electing
    Provider in connection with such previous competitive
    classifications, which shall apply with equal force under
    this Section, except as follows: (i) the limits on price
    increases on the optional packages required by this Section
    shall be extended consistent with subsection (d)(1) of this
    Section and (ii) the price for the extra package required
    by subsection (d)(1)(B) shall be reduced by one dollar from
    the price in effect on January 1, 2010. In addition, if an
    Electing Provider obtains a competitive classification
    pursuant to subsection (c)(1) and (c)(2), the price for the
    optional packages shall be determined in such area in
    compliance with subsection (d)(1), except the price for the
    plus package required by subsection (d)(1) (C) shall be the
    lower of the price for such area or the price of the plus
    package in effect on January 1, 2010 for areas classified
    as competitive pursuant to subsection (c)(1).
        (3) To the extent that the requirements in Section
    13-518 applied to a telecommunications carrier prior to the
    effective date of this Section and that telecommunications
    carrier becomes an Electing Provider in accordance with the
    provisions of this Section, the requirements in Section
    13-518 shall cease to apply to that Electing Provider in
    those geographic areas included in the Electing Provider's
    notice of election pursuant to subsection (b) of this
    Section.
        (4) Subject to subdivision (d)(8) of this Section, an
    An Electing Provider shall make the optional packages
    required by this subsection and stand-alone residential
    network access lines and local usage, where offered,
    readily available to the public by providing information,
    in a clear manner, to residential customers. Information
    shall be made available on a website, and an Electing
    Provider shall provide notification to its customers every
    6 months, provided that notification may consist of a bill
    page message that provides an objective description of the
    safe harbor options that includes a telephone number and
    website address where the customer may obtain additional
    information about the packages from the Electing Provider.
    The optional packages shall be offered on a monthly basis
    with no term of service requirement. An Electing Provider
    shall allow online electronic ordering of the optional
    packages and stand-alone residential network access lines
    and local usage, where offered, on its website in a manner
    similar to the online electronic ordering of its other
    residential services.
        (5) Subject to subdivision (d)(8) of this Section, an
    An Electing Provider shall comply with the Commission's
    existing rules, regulations, and notices in Title 83, Part
    735 of the Illinois Administrative Code when offering or
    providing the optional packages required by this
    subsection (d) and stand-alone residential network access
    lines.
        (6) Subject to subdivision (d)(8) of this Section, an
    An Electing Provider shall provide to the Commission
    semi-annual subscribership reports as of June 30 and
    December 31 that contain the number of its customers
    subscribing to each of the consumer choice safe harbor
    packages required by subsection (d)(1) of this Section and
    the number of its customers subscribing to retail
    residential basic local exchange service as defined in
    subsection (a)(2) of this Section. The first semi-annual
    reports shall be made on April 1, 2011 for December 31,
    2010, and on September 1, 2011 for June 30, 2011, and
    semi-annually on April 1 and September 1 thereafter. Such
    subscribership information shall be accorded confidential
    and proprietary treatment upon request by the Electing
    Provider.
        (7) The Commission shall have the power, after notice
    and hearing as provided in this Article, upon complaint or
    upon its own motion, to take corrective action if the
    requirements of this Section are not complied with by an
    Electing Provider.
        (8) On and after the effective date of this amendatory
    Act of the 99th General Assembly, an Electing Provider
    shall continue to offer and provide the optional packages
    described in this subsection (d) to existing customers and
    new customers. On and after July 1, 2017, an Electing
    Provider may immediately stop offering the optional
    packages described in this subsection (d) and, upon
    providing two notices to affected customers and to the
    Commission, may stop providing the optional packages
    described in this subsection (d) to all customers who
    subscribe to one of the optional packages. The first notice
    shall be provided at least 90 days before the date upon
    which the Electing Provider intends to stop providing the
    optional packages, and the second notice must be provided
    at least 30 days before that date. The first notice shall
    not be provided prior to July 1, 2017. Each notice must
    identify the date on which the Electing Provider intends to
    stop providing the optional packages, at least one
    alternative service available to the customer, and a
    telephone number by which the customer may contact a
    service representative of the Electing Provider. After
    July 1, 2017 with respect to new customers, and upon the
    expiration of the second notice period with respect to
    customers who were subscribing to one of the optional
    packages, subdivisions (d)(1), (d)(2), (d)(4), (d)(5),
    (d)(6), and (d)(7) of this Section shall not apply to the
    Electing Provider. Notwithstanding any other provision of
    this Article, an Electing Provider that has ceased
    providing the optional packages under this subdivision
    (d)(8) is not subject to Section 13-301(1)(c) of this Act.
    Notwithstanding any other provision of this Act, and
    subject to subdivision (d)(7) of this Section, the
    Commission's authority over the discontinuance of the
    optional packages described in this subsection (d) by an
    Electing Provider shall be governed solely by this
    subsection (d)(8).
    (e) Service quality and customer credits for basic local
exchange service.
        (1) An Electing Provider shall meet the following
    service quality standards in providing basic local
    exchange service, which for purposes of this subsection
    (e), includes both basic local exchange service and any the
    consumer choice safe harbor options that may be required by
    subsection (d) of this Section.
            (A) Install basic local exchange service within 5
        business days after receipt of an order from the
        customer unless the customer requests an installation
        date that is beyond 5 business days after placing the
        order for basic service and to inform the customer of
        the Electing Provider's duty to install service within
        this timeframe. If installation of service is
        requested on or by a date more than 5 business days in
        the future, the Electing Provider shall install
        service by the date requested.
            (B) Restore basic local exchange service for the
        customer within 30 hours after receiving notice that
        the customer is out of service.
            (C) Keep all repair and installation appointments
        for basic local exchange service if a customer premises
        visit requires a customer to be present. The
        appointment window shall be either a specific time or,
        at a maximum, a 4-hour time block during evening,
        weekend, and normal business hours.
            (D) Inform a customer when a repair or installation
        appointment requires the customer to be present.
        (2) Customers shall be credited by the Electing
    Provider for violations of basic local exchange service
    quality standards described in subdivision (e)(1) of this
    Section. The credits shall be applied automatically on the
    statement issued to the customer for the next monthly
    billing cycle following the violation or following the
    discovery of the violation. The next monthly billing cycle
    following the violation or the discovery of the violation
    means the billing cycle immediately following the billing
    cycle in process at the time of the violation or discovery
    of the violation, provided the total time between the
    violation or discovery of the violation and the issuance of
    the credit shall not exceed 60 calendar days. The Electing
    Provider is responsible for providing the credits and the
    customer is under no obligation to request such credits.
    The following credits shall apply:
            (A) If an Electing Provider fails to repair an
        out-of-service condition for basic local exchange
        service within 30 hours, the Electing Provider shall
        provide a credit to the customer. If the service
        disruption is for more than 30 hours, but not more than
        48 hours, the credit must be equal to a pro-rata
        portion of the monthly recurring charges for all basic
        local exchange services disrupted. If the service
        disruption is for more than 48 hours, but not more than
        72 hours, the credit must be equal to at least 33% of
        one month's recurring charges for all local services
        disrupted. If the service disruption is for more than
        72 hours, but not more than 96 hours, the credit must
        be equal to at least 67% of one month's recurring
        charges for all basic local exchange services
        disrupted. If the service disruption is for more than
        96 hours, but not more than 120 hours, the credit must
        be equal to one month's recurring charges for all basic
        local exchange services disrupted. For each day or
        portion thereof that the service disruption continues
        beyond the initial 120-hour period, the Electing
        Provider shall also provide an additional credit of $20
        per calendar day.
            (B) If an Electing Provider fails to install basic
        local exchange service as required under subdivision
        (e)(1) of this Section, the Electing Provider shall
        waive 50% of any installation charges, or in the
        absence of an installation charge or where
        installation is pursuant to the Link Up program, the
        Electing Provider shall provide a credit of $25. If an
        Electing Provider fails to install service within 10
        business days after the service application is placed,
        or fails to install service within 5 business days
        after the customer's requested installation date, if
        the requested date was more than 5 business days after
        the date of the order, the Electing Provider shall
        waive 100% of the installation charge, or in the
        absence of an installation charge or where
        installation is provided pursuant to the Link Up
        program, the Electing Provider shall provide a credit
        of $50. For each day that the failure to install
        service continues beyond the initial 10 business days,
        or beyond 5 business days after the customer's
        requested installation date, if the requested date was
        more than 5 business days after the date of the order,
        the Electing Provider shall also provide an additional
        credit of $20 per calendar day until the basic local
        exchange service is installed.
            (C) If an Electing Provider fails to keep a
        scheduled repair or installation appointment when a
        customer premises visit requires a customer to be
        present as required under subdivision (e)(1) of this
        Section, the Electing Provider shall credit the
        customer $25 per missed appointment. A credit required
        by this subdivision does not apply when the Electing
        Provider provides the customer notice of its inability
        to keep the appointment no later than 8:00 pm of the
        day prior to the scheduled date of the appointment.
            (D) Credits required by this subsection do not
        apply if the violation of a service quality standard:
                (i) occurs as a result of a negligent or
            willful act on the part of the customer;
                (ii) occurs as a result of a malfunction of
            customer-owned telephone equipment or inside
            wiring;
                (iii) occurs as a result of, or is extended by,
            an emergency situation as defined in 83 Ill. Adm.
            Code 732.10;
                (iv) is extended by the Electing Provider's
            inability to gain access to the customer's
            premises due to the customer missing an
            appointment, provided that the violation is not
            further extended by the Electing Provider;
                (v) occurs as a result of a customer request to
            change the scheduled appointment, provided that
            the violation is not further extended by the
            Electing Provider;
                (vi) occurs as a result of an Electing
            Provider's right to refuse service to a customer as
            provided in Commission rules; or
                (vii) occurs as a result of a lack of
            facilities where a customer requests service at a
            geographically remote location, where a customer
            requests service in a geographic area where the
            Electing Provider is not currently offering
            service, or where there are insufficient
            facilities to meet the customer's request for
            service, subject to an Electing Provider's
            obligation for reasonable facilities planning.
        (3) Each Electing Provider shall provide to the
    Commission on a quarterly basis and in a form suitable for
    posting on the Commission's website in conformance with the
    rules adopted by the Commission and in effect on April 1,
    2010, a public report that includes the following data for
    basic local exchange service quality of service:
            (A) With regard to credits due in accordance with
        subdivision (e)(2)(A) as a result of out-of-service
        conditions lasting more than 30 hours:
                (i) the total dollar amount of any customer
            credits paid;
                (ii) the number of credits issued for repairs
            between 30 and 48 hours;
                (iii) the number of credits issued for repairs
            between 49 and 72 hours;
                (iv) the number of credits issued for repairs
            between 73 and 96 hours;
                (v) the number of credits used for repairs
            between 97 and 120 hours;
                (vi) the number of credits issued for repairs
            greater than 120 hours; and
                (vii) the number of exemptions claimed for
            each of the categories identified in subdivision
            (e)(2)(D).
            (B) With regard to credits due in accordance with
        subdivision (e)(2)(B) as a result of failure to install
        basic local exchange service:
                (i) the total dollar amount of any customer
            credits paid;
                (ii) the number of installations after 5
            business days;
                (iii) the number of installations after 10
            business days;
                (iv) the number of installations after 11
            business days; and
                (v) the number of exemptions claimed for each
            of the categories identified in subdivision
            (e)(2)(D).
            (C) With regard to credits due in accordance with
        subdivision (e)(2)(C) as a result of missed
        appointments:
                (i) the total dollar amount of any customer
            credits paid;
                (ii) the number of any customers receiving
            credits; and
                (iii) the number of exemptions claimed for
            each of the categories identified in subdivision
            (e)(2)(D).
            (D) The Electing Provider's annual report required
        by this subsection shall also include, for
        informational reporting, the performance data
        described in subdivisions (e)(2)(A), (e)(2)(B), and
        (e)(2)(C), and trouble reports per 100 access lines
        calculated using the Commission's existing applicable
        rules and regulations for such measures, including the
        requirements for service standards established in this
        Section.
        (4) It is the intent of the General Assembly that the
    service quality rules and customer credits in this
    subsection (e) of this Section and other enforcement
    mechanisms, including fines and penalties authorized by
    Section 13-305, shall apply on a nondiscriminatory basis to
    all Electing Providers. Accordingly, notwithstanding any
    provision of any service quality rules promulgated by the
    Commission, any alternative regulation plan adopted by the
    Commission, or any other order of the Commission, any
    Electing Provider that is subject to any other order of the
    Commission and that violates or fails to comply with the
    service quality standards promulgated pursuant to this
    subsection (e) or any other order of the Commission shall
    not be subject to any fines, penalties, customer credits,
    or enforcement mechanisms other than such fines or
    penalties or customer credits as may be imposed by the
    Commission in accordance with the provisions of this
    subsection (e) and Section 13-305, which are to be
    generally applicable to all Electing Providers. The amount
    of any fines or penalties imposed by the Commission for
    failure to comply with the requirements of this subsection
    (e) shall be an appropriate amount, taking into account, at
    a minimum, the Electing Provider's gross annual intrastate
    revenue; the frequency, duration, and recurrence of the
    violation; and the relative harm caused to the affected
    customers or other users of the network. In imposing fines
    and penalties, the Commission shall take into account
    compensation or credits paid by the Electing Provider to
    its customers pursuant to this subsection (e) in
    compensation for any violation found pursuant to this
    subsection (e), and in any event the fine or penalty shall
    not exceed an amount equal to the maximum amount of a civil
    penalty that may be imposed under Section 13-305.
        (5) An Electing Provider in each of the MSA or Exchange
    areas classified as competitive pursuant to subsection (c)
    of this Section shall fulfill the requirements in
    subdivision (e)(3) of this Section for 3 years after its
    notice of election becomes effective. After such 3 years,
    the requirements in subdivision (e)(3) of this Section
    shall not apply to such Electing Provider, except that,
    upon request from the Commission, the Electing Provider
    shall provide a report showing the number of credits and
    exemptions for the requested time period.
    (f) Commission jurisdiction over competitive retail
telecommunications services. Except as otherwise expressly
stated in this Section, the Commission shall thereafter have no
jurisdiction or authority over any aspect of competitive retail
telecommunications service of an Electing Provider in those
geographic areas included in the Electing Provider's notice of
election pursuant to subsection (b) of this Section or of a
retail telecommunications service classified as competitive
pursuant to Section 13-502 or subdivision (c)(5) of this
Section, heretofore subject to the jurisdiction of the
Commission, including but not limited to, any requirements of
this Article related to the terms, conditions, rates, quality
of service, availability, classification or any other aspect of
any competitive retail telecommunications services. No
telecommunications carrier shall commit any unfair or
deceptive act or practice in connection with any aspect of the
offering or provision of any competitive retail
telecommunications service. Nothing in this Article shall
limit or affect any provisions in the Consumer Fraud and
Deceptive Business Practices Act with respect to any unfair or
deceptive act or practice by a telecommunications carrier.
    (g) Commission authority over access services upon
election for market regulation.
        (1) As part of its Notice of Election for Market
    Regulation, the Electing Provider shall reduce its
    intrastate switched access rates to rates no higher than
    its interstate switched access rates in 4 installments. The
    first reduction must be made 30 days after submission of
    its complete application for Notice of Election for Market
    Regulation, and the Electing Provider must reduce its
    intrastate switched access rates by an amount equal to 33%
    of the difference between its current intrastate switched
    access rates and its current interstate switched access
    rates. The second reduction must be made no later than one
    year after the first reduction, and the Electing Provider
    must reduce its then current intrastate switched access
    rates by an amount equal to 41% of the difference between
    its then current intrastate switched access rates and its
    then current interstate switched access rates. The third
    reduction must be made no later than one year after the
    second reduction, and the Electing Provider must reduce its
    then current intrastate switched access rates by an amount
    equal to 50% of the difference between its then current
    intrastate switched access rate and its then current
    interstate switched access rates. The fourth reduction
    must be made on or before June 30, 2013, and the Electing
    Provider must reduce its intrastate switched access rate to
    mirror its then current interstate switched access rates
    and rate structure. Following the fourth reduction, each
    Electing Provider must continue to set its intrastate
    switched access rates to mirror its interstate switched
    access rates and rate structure. For purposes of this
    subsection, the rate for intrastate switched access
    service means the composite, per-minute rate for that
    service, including all applicable fixed and
    traffic-sensitive charges, including, but not limited to,
    carrier common line charges.
        (2) Nothing in paragraph (1) of this subsection (g)
    prohibits an Electing Provider from electing to offer
    intrastate switched access service at rates lower than its
    interstate switched access rates.
        (3) The Commission shall have no authority to order an
    Electing Provider to set its rates for intrastate switched
    access at a level lower than its interstate switched access
    rates.
        (4) The Commission's authority under this subsection
    (g) shall only apply to Electing Providers under Market
    Regulation. The Commission's authority over switched
    access services for all other carriers is retained under
    Section 13-900.2 of this Act.
    (h) Safety of service equipment and facilities.
        (1) An Electing Provider shall furnish, provide, and
    maintain such service instrumentalities, equipment, and
    facilities as shall promote the safety, health, comfort,
    and convenience of its patrons, employees, and public and
    as shall be in all respects adequate, reliable, and
    efficient without discrimination or delay. Every Electing
    Provider shall provide service and facilities that are in
    all respects environmentally safe.
        (2) The Commission is authorized to conduct an
    investigation of any Electing Provider or part thereof. The
    investigation may examine the reasonableness, prudence, or
    efficiency of any aspect of the Electing Provider's
    operations or functions that may affect the adequacy,
    safety, efficiency, or reliability of telecommunications
    service. The Commission may conduct or order an
    investigation only when it has reasonable grounds to
    believe that the investigation is necessary to assure that
    the Electing Provider is providing adequate, efficient,
    reliable, and safe service. The Commission shall, before
    initiating any such investigation, issue an order
    describing the grounds for the investigation and the
    appropriate scope and nature of the investigation, which
    shall be reasonably related to the grounds relied upon by
    the Commission in its order.
    (i) (Blank).
    (j) Application of Article VII. The provisions of Sections
7-101, 7-102, 7-104, 7-204, 7-205, and 7-206 of this Act are
applicable to an Electing Provider offering or providing retail
telecommunications service, and the Commission's regulation
thereof, except that (1) the approval of contracts and
arrangements with affiliated interests required by paragraph
(3) of Section 7-101 shall not apply to such telecommunications
carriers provided that, except as provided in item (2), those
contracts and arrangements shall be filed with the Commission;
(2) affiliated interest contracts or arrangements entered into
by such telecommunications carriers where the increased
obligation thereunder does not exceed the lesser of $5,000,000
or 5% of such carrier's prior annual revenue from
noncompetitive services are not required to be filed with the
Commission; and (3) any consent and approval of the Commission
required by Section 7-102 is not required for the sale, lease,
assignment, or transfer by any Electing Provider of any
property that is not necessary or useful in the performance of
its duties to the public.
    (k) Notwithstanding other provisions of this Section, the
Commission retains its existing authority to enforce the
provisions, conditions, and requirements of the following
Sections of this Article: 13-101, 13-103, 13-201, 13-301,
13-301.1, 13-301.2, 13-301.3, 13-303, 13-303.5, 13-304,
13-305, 13-401, 13-401.1, 13-402, 13-403, 13-404, 13-404.1,
13-404.2, 13-405, 13-406, 13-407, 13-501, 13-501.5, 13-503,
13-505, 13-509, 13-510, 13-512, 13-513, 13-514, 13-515,
13-516, 13-519, 13-702, 13-703, 13-704, 13-705, 13-706,
13-707, 13-709, 13-713, 13-801, 13-802.1, 13-804, 13-900,
13-900.1, 13-900.2, 13-901, 13-902, and 13-903, which are fully
and equally applicable to Electing Providers and to
telecommunications carriers providing retail
telecommunications service classified as competitive pursuant
to Section 13-502 or subdivision (c)(5) of this Section subject
to the provisions of this Section. On the effective date of
this amendatory Act of the 98th General Assembly, the following
Sections of this Article shall cease to apply to Electing
Providers and to telecommunications carriers providing retail
telecommunications service classified as competitive pursuant
to Section 13-502 or subdivision (c)(5) of this Section:
13-302, 13-405.1, 13-502, 13-502.5, 13-504, 13-505.2,
13-505.3, 13-505.4, 13-505.5, 13-505.6, 13-506.1, 13-507,
13-507.1, 13-508, 13-508.1, 13-517, 13-518, 13-601, 13-701,
and 13-712.
(Source: P.A. 98-45, eff. 6-28-13.)
 
    (220 ILCS 5/13-703)  (from Ch. 111 2/3, par. 13-703)
    (Section scheduled to be repealed on July 1, 2015)
    Sec. 13-703. (a) The Commission shall design and implement
a program whereby each telecommunications carrier providing
local exchange service shall provide a telecommunications
device capable of servicing the needs of those persons with a
hearing or speech disability together with a single party line,
at no charge additional to the basic exchange rate, to any
subscriber who is certified as having a hearing or speech
disability by a licensed physician, speech-language
pathologist, audiologist or a qualified State agency and to any
subscriber which is an organization serving the needs of those
persons with a hearing or speech disability as determined and
specified by the Commission pursuant to subsection (d).
    (b) The Commission shall design and implement a program,
whereby each telecommunications carrier providing local
exchange service shall provide a telecommunications relay
system, using third party intervention to connect those persons
having a hearing or speech disability with persons of normal
hearing by way of intercommunications devices and the telephone
system, making available reasonable access to all phases of
public telephone service to persons who have a hearing or
speech disability. In order to design a telecommunications
relay system which will meet the requirements of those persons
with a hearing or speech disability available at a reasonable
cost, the Commission shall initiate an investigation and
conduct public hearings to determine the most cost-effective
method of providing telecommunications relay service to those
persons who have a hearing or speech disability when using
telecommunications devices and therein solicit the advice,
counsel, and physical assistance of Statewide nonprofit
consumer organizations that serve persons with hearing or
speech disabilities in such hearings and during the development
and implementation of the system. The Commission shall phase in
this program, on a geographical basis, as soon as is
practicable, but no later than June 30, 1990.
    (c) The Commission shall establish a competitively neutral
rate recovery mechanism that establishes , authorizing charges
in an amount to be determined by the Commission for each line
of a subscriber to allow telecommunications carriers providing
local exchange service to recover costs as they are incurred
under this Section. Beginning no later than April 1, 2016, and
on a yearly basis thereafter, the Commission shall initiate a
proceeding to establish the competitively neutral amount to be
charged or assessed to subscribers of telecommunications
carriers and wireless carriers, Interconnected VoIP service
providers and consumers of prepaid wireless telecommunications
service in a manner consistent with this subsection (c) and
subsection (f) of this Section. The Commission shall issue its
order establishing the competitively neutral amount to be
charged or assessed to subscribers of telecommunications
carriers and wireless carriers, Interconnected VoIP service
providers and purchasers of prepaid wireless
telecommunications service on or prior to June 1 of each year,
and such amount shall take effect June 1 of each year.
    Telecommunications carriers, wireless carriers,
Interconnected VoIP service providers, and sellers of prepaid
wireless telecommunications service shall have 60 days from the
date the Commission files its order to implement the new rate
established by the order.
    (d) The Commission shall determine and specify those
organizations serving the needs of those persons having a
hearing or speech disability that shall receive a
telecommunications device and in which offices the equipment
shall be installed in the case of an organization having more
than one office. For the purposes of this Section,
"organizations serving the needs of those persons with hearing
or speech disabilities" means centers for independent living as
described in Section 12a of the Disabled Persons Rehabilitation
Act and not-for-profit organizations whose primary purpose is
serving the needs of those persons with hearing or speech
disabilities. The Commission shall direct the
telecommunications carriers subject to its jurisdiction and
this Section to comply with its determinations and
specifications in this regard.
    (e) As used in this Section:
    "Prepaid wireless telecommunications service" has the
meaning given to that term under Section 10 of the Prepaid
Wireless 9-1-1 Surcharge Act.
    "Retail transaction" has the meaning given to that term
under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act.
    "Seller" has the meaning given to that term under Section
10 of the Prepaid Wireless 9-1-1 Surcharge Act.
    "Telecommunications , the phrase "telecommunications
carrier providing local exchange service" includes, without
otherwise limiting the meaning of the term, telecommunications
carriers which are purely mutual concerns, having no rates or
charges for services, but paying the operating expenses by
assessment upon the members of such a company and no other
person.
    "Wireless carrier" has the meaning given to that term under
Section 10 of the Wireless Emergency Telephone Safety Act.
    (f) Interconnected VoIP service providers, sellers of
prepaid wireless telecommunications service, and wireless
carriers in Illinois shall collect and remit assessments
determined in accordance with this Section in a competitively
neutral manner in the same manner as a telecommunications
carrier providing local exchange service. However, the
assessment imposed on consumers of prepaid wireless
telecommunications service shall be collected by the seller
from the consumer and imposed per retail transaction as a
percentage of that retail transaction on all retail
transactions occurring in this State. The assessment on
subscribers of wireless carriers and consumers of prepaid
wireless telecommunications service shall not be imposed or
collected prior to June 1, 2016.
    Sellers of prepaid wireless telecommunications service
shall remit the assessments to the Department of Revenue on the
same form and in the same manner which they remit the fee
collected under the Prepaid Wireless 9-1-1 Surcharge Act. For
the purposes of display on the consumers' receipts, the rates
of the fee collected under the Prepaid Wireless 9-1-1 Surcharge
Act and the assessment under this Section may be combined. In
administration and enforcement of this Section, the provisions
of Sections 15 and 20 of the Prepaid Wireless 9-1-1 Surcharge
Act (except subsections (a), (a-5), (b-5), (e), and (e-5) of
Section 15 and subsections (c) and (e) of Section 20 of the
Prepaid Wireless 9-1-1 Surcharge Act and, from the effective
date of this amendatory Act of the 99th General Assembly, the
seller shall be permitted to deduct and retain 3% of the
assessments that are collected by the seller from consumers and
that are remitted and timely filed with the Department) that
are not inconsistent with this Section, shall apply, as far as
practicable, to the subject matter of this Section to the same
extent as if those provisions were included in this Section.
The Department shall deposit all assessments and penalties
collected under this Section into the Illinois
Telecommunications Access Corporation Fund, a special fund
created in the State treasury. On or before the 25th day of
each calendar month, the Department shall prepare and certify
to the Comptroller the amount available to the Commission for
distribution out of the Illinois Telecommunications Access
Corporation Fund. The amount certified shall be the amount (not
including credit memoranda) collected during the second
preceding calendar month by the Department, plus an amount the
Department determines is necessary to offset any amounts which
were erroneously paid to a different taxing body or fund. The
amount paid to the Illinois Telecommunications Access
Corporation Fund shall not include any amount equal to the
amount of refunds made during the second preceding calendar
month by the Department to retailers under this Section or any
amount that the Department determines is necessary to offset
any amounts which were payable to a different taxing body or
fund but were erroneously paid to the Illinois
Telecommunications Access Corporation Fund. The Commission
shall distribute all the funds to the Illinois
Telecommunications Access Corporation and the funds may only be
used in accordance with the provisions of this Section. The
Department shall deduct 2% of all amounts deposited in the
Illinois Telecommunications Access Corporation Fund during
every year of remitted assessments. Of the 2% deducted by the
Department, one-half shall be transferred into the Tax
Compliance and Administration Fund to reimburse the Department
for its direct costs of administering the collection and
remittance of the assessment. The remaining one-half shall be
transferred into the Public Utilities Fund to reimburse the
Commission for its costs of distributing to the Illinois
Telecommunications Access Corporation the amount certified by
the Department for distribution. The amount to be charged or
assessed under subsections (c) and (f) is not imposed on a
provider or the consumer for wireless Lifeline service where
the consumer does not pay the provider for the service. Where
the consumer purchases from the provider optional minutes,
texts, or other services in addition to the federally funded
Lifeline benefit, a consumer must pay the charge or assessment,
and it must be collected by the seller according to subsection
(f).
    Interconnected VoIP services shall not be considered an
intrastate telecommunications service for the purposes of this
Section in a manner inconsistent with federal law or Federal
Communications Commission regulation.
    (g) The provisions of this Section are severable under
Section 1.31 of the Statute on Statutes.
    (h) The Commission may adopt rules necessary to implement
this Section.
(Source: P.A. 96-927, eff. 6-15-10.)
 
    (220 ILCS 5/13-1200)
    (Section scheduled to be repealed on July 1, 2015)
    Sec. 13-1200. Repealer. This Article is repealed July 1,
2017 2015.
(Source: P.A. 98-45, eff. 6-28-13.)
 
    (220 ILCS 5/21-401)
    (Section scheduled to be repealed on July 1, 2015)
    Sec. 21-401. Applications.
    (a)(1) A person or entity seeking to provide cable service
or video service pursuant to this Article shall not use the
public rights-of-way for the installation or construction of
facilities for the provision of cable service or video service
or offer cable service or video service until it has obtained a
State-issued authorization to offer or provide cable or video
service under this Section, except as provided for in item (2)
of this subsection (a). All cable or video providers offering
or providing service in this State shall have authorization
pursuant to either (i) the Cable and Video Competition Law of
2007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the
Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section
5-1095 of the Counties Code (55 ILCS 5/5-1095).
    (2) Nothing in this Section shall prohibit a local unit of
government from granting a permit to a person or entity for the
use of the public rights-of-way to install or construct
facilities to provide cable service or video service, at its
sole discretion. No unit of local government shall be liable
for denial or delay of a permit prior to the issuance of a
State-issued authorization.
    (b) The application to the Commission for State-issued
authorization shall contain a completed affidavit submitted by
the applicant and signed by an officer or general partner of
the applicant affirming all of the following:
        (1) That the applicant has filed or will timely file
    with the Federal Communications Commission all forms
    required by that agency in advance of offering cable
    service or video service in this State.
        (2) That the applicant agrees to comply with all
    applicable federal and State statutes and regulations.
        (3) That the applicant agrees to comply with all
    applicable local unit of government regulations.
        (4) An exact description of the cable service or video
    service area where the cable service or video service will
    be offered during the term of the State-issued
    authorization. The service area shall be identified in
    terms of either (i) exchanges, as that term is defined in
    Section 13-206 of this Act; (ii) a collection of United
    States Census Bureau Block numbers (13 digit); (iii) if the
    area is smaller than the areas identified in either (i) or
    (ii), by geographic information system digital boundaries
    meeting or exceeding national map accuracy standards; or
    (iv) local unit of government. The description shall
    include the number of low-income households within the
    service area or footprint. If an applicant is an incumbent
    cable operator, the incumbent cable operator and any
    successor-in-interest shall be obligated to provide access
    to cable services or video services within any local units
    of government at the same levels required by the local
    franchising authorities for the local unit of government on
    June 30, 2007 (the effective date of Public Act 95-9), and
    its application shall provide a description of an area no
    smaller than the service areas contained in its franchise
    or franchises within the jurisdiction of the local unit of
    government in which it seeks to offer cable or video
    service.
        (5) The location and telephone number of the
    applicant's principal place of business within this State
    and the names of the applicant's principal executive
    officers who are responsible for communications concerning
    the application and the services to be offered pursuant to
    the application, the applicant's legal name, and any name
    or names under which the applicant does or will provide
    cable services or video services in this State.
        (6) A certification that the applicant has
    concurrently delivered a copy of the application to all
    local units of government that include all or any part of
    the service area identified in item (4) of this subsection
    (b) within such local unit of government's jurisdictional
    boundaries.
        (7) The expected date that cable service or video
    service will be initially offered in the area identified in
    item (4) of this subsection (b). In the event that a holder
    does not offer cable services or video services within 3
    months after the expected date, it shall amend its
    application and update the expected date service will be
    offered and explain the delay in offering cable services or
    video services.
        (8) For any entity that received State-issued
    authorization prior to this amendatory Act of the 98th
    General Assembly as a cable operator and that intends to
    proceed as a cable operator under this Article, the entity
    shall file a written affidavit with the Commission and
    shall serve a copy of the affidavit with any local units of
    government affected by the authorization within 30 days
    after the effective date of this amendatory Act of the 98th
    General Assembly stating that the holder will be providing
    cable service under the State-issued authorization.
    The application shall include adequate assurance that the
applicant possesses the financial, managerial, legal, and
technical qualifications necessary to construct and operate
the proposed system, to promptly repair any damage to the
public right-of-way caused by the applicant, and to pay the
cost of removal of its facilities. To accomplish these
requirements, the applicant may, at the time the applicant
seeks to use the public rights-of-way in that jurisdiction, be
required by the State of Illinois or later be required by the
local unit of government, or both, to post a bond, produce a
certificate of insurance, or otherwise demonstrate its
financial responsibility.
    The application shall include the applicant's general
standards related to customer service required by Section
22-501 of this Act, which shall include, but not be limited to,
installation, disconnection, service and repair obligations;
appointment hours; employee ID requirements; customer service
telephone numbers and hours; procedures for billing, charges,
deposits, refunds, and credits; procedures for termination of
service; notice of deletion of programming service and changes
related to transmission of programming or changes or increases
in rates; use and availability of parental control or lock-out
devices; complaint procedures and procedures for bill dispute
resolution and a description of the rights and remedies
available to consumers if the holder does not materially meet
their customer service standards; and special services for
customers with visual, hearing, or mobility disabilities.
    (c)(1) The applicant may designate information that it
submits in its application or subsequent reports as
confidential or proprietary, provided that the applicant
states the reasons the confidential designation is necessary.
The Commission shall provide adequate protection for such
information pursuant to Section 4-404 of this Act. If the
Commission, a local unit of government, or any other party
seeks public disclosure of information designated as
confidential, the Commission shall consider the confidential
designation in a proceeding under the Illinois Administrative
Procedure Act, and the burden of proof to demonstrate that the
designated information is confidential shall be upon the
applicant. Designated information shall remain confidential
pending the Commission's determination of whether the
information is entitled to confidential treatment. Information
designated as confidential shall be provided to local units of
government for purposes of assessing compliance with this
Article as permitted under a Protective Order issued by the
Commission pursuant to the Commission's rules and to the
Attorney General pursuant to Section 6.5 of the Attorney
General Act (15 ILCS 205/6.5). Information designated as
confidential under this Section or determined to be
confidential upon Commission review shall only be disclosed
pursuant to a valid and enforceable subpoena or court order or
as required by the Freedom of Information Act. Nothing herein
shall delay the application approval timeframes set forth in
this Article.
    (2) Information regarding the location of video services
that have been or are being offered to the public and aggregate
information included in the reports required by this Article
shall not be designated or treated as confidential.
    (d)(1) The Commission shall post all applications it
receives under this Article on its web site within 5 business
days.
    (2) The Commission shall notify an applicant for a cable
service or video service authorization whether the applicant's
application and affidavit are complete on or before the 15th
business day after the applicant submits the application. If
the application and affidavit are not complete, the Commission
shall state in its notice all of the reasons the application or
affidavit are incomplete, and the applicant shall resubmit a
complete application. The Commission shall have 30 days after
submission by the applicant of a complete application and
affidavit to issue the service authorization. If the Commission
does not notify the applicant regarding the completeness of the
application and affidavit or issue the service authorization
within the time periods required under this subsection, the
application and affidavit shall be considered complete and the
service authorization issued upon the expiration of the 30th
day.
    (e) Any authorization issued by the Commission will expire
on December 31, 2020 2015 and shall contain or include all of
the following:
        (1) A grant of authority, including an authorization
    issued prior to this amendatory Act of the 98th General
    Assembly, to provide cable service or video service in the
    service area footprint as requested in the application,
    subject to the provisions of this Article in existence on
    the date the grant of authority was issued, and any
    modifications to this Article enacted at any time prior to
    the date in Section 21-1601 of this Act, and to the laws of
    the State and the ordinances, rules, and regulations of the
    local units of government.
        (2) A grant of authority to use, occupy, and construct
    facilities in the public rights-of-way for the delivery of
    cable service or video service in the service area
    footprint, subject to the laws, ordinances, rules, or
    regulations of this State and local units of governments.
        (3) A statement that the grant of authority is subject
    to lawful operation of the cable service or video service
    by the applicant, its affiliated entities, or its
    successors-in-interest.
    (e-5) (4) The Commission shall notify a local unit of
government within 3 business days of the grant of any
authorization within a service area footprint if that
authorization includes any part of the local unit of
government's jurisdictional boundaries and state whether the
holder will be providing video service or cable service under
the authorization.
    (f) The authorization issued pursuant to this Section by
the Commission may be transferred to any successor-in-interest
to the applicant to which it is initially granted without
further Commission action if the successor-in-interest (i)
submits an application and the information required by
subsection (b) of this Section for the successor-in-interest
and (ii) is not in violation of this Article or of any federal,
State, or local law, ordinance, rule, or regulation. A
successor-in-interest shall file its application and notice of
transfer with the Commission and the relevant local units of
government no less than 15 business days prior to the
completion of the transfer. The Commission is not required or
authorized to act upon the notice of transfer; however, the
transfer is not effective until the Commission approves the
successor-in-interest's application. A local unit of
government or the Attorney General may seek to bar a transfer
of ownership by filing suit in a court of competent
jurisdiction predicated on the existence of a material and
continuing breach of this Article by the holder, a pattern of
noncompliance with customer service standards by the potential
successor-in-interest, or the insolvency of the potential
successor-in-interest. If a transfer is made when there are
violations of this Article or of any federal, State, or local
law, ordinance, rule, or regulation, the successor-in-interest
shall be subject to 3 times the penalties provided for in this
Article.
    (g) The authorization issued pursuant to this Section
21-401 of this Article by the Commission may be terminated, or
its cable service or video service area footprint may be
modified, by the cable service provider or video service
provider by submitting notice to the Commission and to the
relevant local unit of government containing a description of
the change on the same terms as the initial description
pursuant to item (4) of subsection (b) of this Section. The
Commission is not required or authorized to act upon that
notice. It shall be a violation of this Article for a holder to
discriminate against potential residential subscribers because
of the race or income of the residents in the local area in
which the group resides by terminating or modifying its cable
service or video service area footprint. It shall be a
violation of this Article for a holder to terminate or modify
its cable service or video service area footprint if it leaves
an area with no cable service or video service from any
provider.
    (h) The Commission's authority to administer this Article
is limited to the powers and duties explicitly provided under
this Article. Its authority under this Article does not include
or limit the powers and duties that the Commission has under
the other Articles of this Act, the Illinois Administrative
Procedure Act, or any other law or regulation to conduct
proceedings, other than as provided in subsection (c), or has
to promulgate rules or regulations. The Commission shall not
have the authority to limit or expand the obligations and
requirements provided in this Section or to regulate or control
a person or entity to the extent that person or entity is
providing cable service or video service, except as provided in
this Article.
(Source: P.A. 98-45, eff. 6-28-13; 98-756, eff. 7-16-14.)
 
    (220 ILCS 5/21-801)
    (Section scheduled to be repealed on July 1, 2015)
    Sec. 21-801. Applicable fees payable to the local unit of
government.
    (a) Prior to offering cable service or video service in a
local unit of government's jurisdiction, a holder shall notify
the local unit of government. The notice shall be given to the
local unit of government at least 10 days before the holder
begins to offer cable service or video service within the
boundaries of that local unit of government.
    (b) In any local unit of government in which a holder
offers cable service or video service on a commercial basis,
the holder shall be liable for and pay the service provider fee
to the local unit of government. The local unit of government
shall adopt an ordinance imposing such a fee. The holder's
liability for the fee shall commence on the first day of the
calendar month that is at least 30 days after the holder
receives such ordinance. For any such ordinance adopted on or
after the effective date of this amendatory Act of the 99th
General Assembly, the holder's liability shall commence on the
first day of the calendar month that is at least 30 days after
the adoption of such ordinance. The ordinance shall be sent by
mail, postage prepaid, to the address listed on the holder's
application provided to the local unit of government pursuant
to item (6) of subsection (b) of Section 21-401 of this Act.
The fee authorized by this Section shall be 5% of gross
revenues or the same as the fee paid to the local unit of
government by any incumbent cable operator providing cable
service. The payment of the service provider fee shall be due
on a quarterly basis, 45 days after the close of the calendar
quarter. If mailed, the fee is considered paid on the date it
is postmarked. Except as provided in this Article, the local
unit of government may not demand any additional fees or
charges from the holder and may not demand the use of any other
calculation method other than allowed under this Article.
    (c) For purposes of this Article, "gross revenues" means
all consideration of any kind or nature, including, without
limitation, cash, credits, property, and in-kind contributions
received by the holder for the operation of a cable or video
system to provide cable service or video service within the
holder's cable service or video service area within the local
unit of government's jurisdiction.
        (1) Gross revenues shall include the following:
            (i) Recurring charges for cable service or video
        service.
            (ii) Event-based charges for cable service or
        video service, including, but not limited to,
        pay-per-view and video-on-demand charges.
            (iii) Rental of set-top boxes and other cable
        service or video service equipment.
            (iv) Service charges related to the provision of
        cable service or video service, including, but not
        limited to, activation, installation, and repair
        charges.
            (v) Administrative charges related to the
        provision of cable service or video service, including
        but not limited to service order and service
        termination charges.
            (vi) Late payment fees or charges, insufficient
        funds check charges, and other charges assessed to
        recover the costs of collecting delinquent payments.
            (vii) A pro rata portion of all revenue derived by
        the holder or its affiliates pursuant to compensation
        arrangements for advertising or for promotion or
        exhibition of any products or services derived from the
        operation of the holder's network to provide cable
        service or video service within the local unit of
        government's jurisdiction. The allocation shall be
        based on the number of subscribers in the local unit of
        government divided by the total number of subscribers
        in relation to the relevant regional or national
        compensation arrangement.
            (viii) Compensation received by the holder that is
        derived from the operation of the holder's network to
        provide cable service or video service with respect to
        commissions that are received by the holder as
        compensation for promotion or exhibition of any
        products or services on the holder's network, such as a
        "home shopping" or similar channel, subject to item
        (ix) of this paragraph (1).
            (ix) In the case of a cable service or video
        service that is bundled or integrated functionally
        with other services, capabilities, or applications,
        the portion of the holder's revenue attributable to the
        other services, capabilities, or applications shall be
        included in gross revenue unless the holder can
        reasonably identify the division or exclusion of the
        revenue from its books and records that are kept in the
        regular course of business.
            (x) The service provider fee permitted by
        subsection (b) of this Section.
        (2) Gross revenues do not include any of the following:
            (i) Revenues not actually received, even if
        billed, such as bad debt, subject to item (vi) of
        paragraph (1) of this subsection (c).
            (ii) Refunds, discounts, or other price
        adjustments that reduce the amount of gross revenues
        received by the holder of the State-issued
        authorization to the extent the refund, rebate,
        credit, or discount is attributable to cable service or
        video service.
            (iii) Regardless of whether the services are
        bundled, packaged, or functionally integrated with
        cable service or video service, any revenues received
        from services not classified as cable service or video
        service, including, without limitation, revenue
        received from telecommunications services, information
        services, or the provision of directory or Internet
        advertising, including yellow pages, white pages,
        banner advertisement, and electronic publishing, or
        any other revenues attributed by the holder to noncable
        service or nonvideo service in accordance with the
        holder's books and records and records kept in the
        regular course of business and any applicable laws,
        rules, regulations, standards, or orders.
            (iv) The sale of cable services or video services
        for resale in which the purchaser is required to
        collect the service provider fee from the purchaser's
        subscribers to the extent the purchaser certifies in
        writing that it will resell the service within the
        local unit of government's jurisdiction and pay the fee
        permitted by subsection (b) of this Section with
        respect to the service.
            (v) Any tax or fee of general applicability imposed
        upon the subscribers or the transaction by a city,
        State, federal, or any other governmental entity and
        collected by the holder of the State-issued
        authorization and required to be remitted to the taxing
        entity, including sales and use taxes.
            (vi) Security deposits collected from subscribers.
            (vii) Amounts paid by subscribers to "home
        shopping" or similar vendors for merchandise sold
        through any home shopping channel offered as part of
        the cable service or video service.
        (3) Revenue of an affiliate of a holder shall be
    included in the calculation of gross revenues to the extent
    the treatment of the revenue as revenue of the affiliate
    rather than the holder has the effect of evading the
    payment of the fee permitted by subsection (b) of this
    Section which would otherwise be paid by the cable service
    or video service.
    (d)(1) Except for a holder providing cable service that is
subject to the fee in subsection (i) of this Section, the
holder shall pay to the local unit of government or the entity
designated by that local unit of government to manage public,
education, and government access, upon request as support for
public, education, and government access, a fee equal to no
less than (i) 1% of gross revenues or (ii) if greater, the
percentage of gross revenues that incumbent cable operators pay
to the local unit of government or its designee for public,
education, and government access support in the local unit of
government's jurisdiction. For purposes of item (ii) of
paragraph (1) of this subsection (d), the percentage of gross
revenues that all incumbent cable operators pay shall be equal
to the annual sum of the payments that incumbent cable
operators in the service area are obligated to pay by
franchises and agreements or by contracts with the local
government designee for public, education and government
access in effect on January 1, 2007, including the total of any
lump sum payments required to be made over the term of each
franchise or agreement divided by the number of years of the
applicable term, divided by the annual sum of such incumbent
cable operator's or operators' gross revenues during the
immediately prior calendar year. The sum of payments includes
any payments that an incumbent cable operator is required to
pay pursuant to item (3) of subsection (c) of Section 21-301.
    (2) A local unit of government may require all holders of a
State-issued authorization and all cable operators franchised
by that local unit of government on June 30, 2007 (the
effective date of this Section) in the franchise area to
provide to the local unit of government, or to the entity
designated by that local unit of government to manage public,
education, and government access, information sufficient to
calculate the public, education, and government access
equivalent fee and any credits under paragraph (1) of this
subsection (d).
    (3) The fee shall be due on a quarterly basis and paid 45
days after the close of the calendar quarter. Each payment
shall include a statement explaining the basis for the
calculation of the fee. If mailed, the fee is considered paid
on the date it is postmarked. The liability of the holder for
payment of the fee under this subsection shall commence on the
same date as the payment of the service provider fee pursuant
to subsection (b) of this Section.
    (e) The holder may identify and collect the amount of the
service provider fee as a separate line item on the regular
bill of each subscriber.
    (f) The holder may identify and collect the amount of the
public, education, and government programming support fee as a
separate line item on the regular bill of each subscriber.
    (g) All determinations and computations under this Section
shall be made pursuant to the definition of gross revenues set
forth in this Section and shall be made pursuant to generally
accepted accounting principles.
    (h) Nothing contained in this Article shall be construed to
exempt a holder from any tax that is or may later be imposed by
the local unit of government, including any tax that is or may
later be required to be paid by or through the holder with
respect to cable service or video service. A State-issued
authorization shall not affect any requirement of the holder
with respect to payment of the local unit of government's
simplified municipal telecommunications tax or any other tax as
it applies to any telephone service provided by the holder. A
State-issued authorization shall not affect any requirement of
the holder with respect to payment of the local unit of
government's 911 or E911 fees, taxes, or charges.
    (i) Except for a municipality having a population of
2,000,000 or more, the fee imposed under paragraph (1) of
subsection (d) by a local unit of government against a holder
who is a cable operator shall be as follows:
        (1) the fee shall be collected and paid only for
    capital costs that are considered lawful under Subchapter
    VI of the federal Communications Act of 1934, as amended,
    and as implemented by the Federal Communications
    Commission;
        (2) the local unit of government shall impose any fee
    by ordinance; and
        (3) the fee may not exceed 1% of gross revenue; if,
    however, on the date that an incumbent cable operator files
    an application under Section 21-401, the incumbent cable
    operator is operating under a franchise agreement that
    imposes a fee for support for capital costs for public,
    education, and government access facilities obligations in
    excess of 1% of gross revenue, then the cable operator
    shall continue to provide support for capital costs for
    public, education, and government access facilities
    obligations at the rate stated in such agreement.
(Source: P.A. 98-45, eff. 6-28-13.)
 
    (220 ILCS 5/21-901)
    (Section scheduled to be repealed on July 1, 2015)
    Sec. 21-901. Audits.
    (a) A holder that has received State-issued authorization
under this Article is subject to an audit of its service
provider fees derived from the provision of cable or video
services to subscribers within any part of the local unit of
government which is located in the holder's service territory.
Any such audit shall be conducted by the local unit of
government or its agent for the sole purpose of determining any
overpayment or underpayment of the holder's service provider
fee to the local unit of government. Upon receiving notice
under item (4) of subsection (e) of Section 21-401 of this Act
that a holder has received State-issued authorization under
this Article, a local unit of government shall notify the
holder of the requirements it imposes on other cable service or
video service providers in its jurisdiction to submit to an
audit of its books and records. The holder shall comply with
the same requirements the local unit of government imposes on
other cable service or video service providers in its
jurisdiction to audit the holder's books and records and to
recompute any amounts determined to be payable under the
requirements of the local unit of government. If all local
franchises between the local unit of government and a cable
operator terminate, the audit requirements shall be those
adopted by the local government pursuant to the Local
Government Taxpayers' Bill of Rights Act. No acceptance of
amounts remitted should be construed as an accord that the
amounts are correct.
    (b) Beginning on or after the effective date of this
amendatory Act of the 99th General Assembly, any audit
conducted pursuant to this Section by a local government shall
be governed by Section 11-42-11.05 of the Illinois Municipal
Code or Section 5-1095.1 of the Counties Code. Any additional
amount due after an audit shall be paid within 30 days after
the local unit of government's submission of an invoice for the
sum.
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
 
    (220 ILCS 5/21-1001)
    (Section scheduled to be repealed on July 1, 2015)
    Sec. 21-1001. Local unit of government authority.
    (a) The holder of a State-issued authorization shall comply
with all the applicable construction and technical standards
and right-of-way occupancy standards set forth in a local unit
of government's code of ordinances relating to the use of
public rights-of-way, pole attachments, permit obligations,
indemnification, performance bonds, penalties, or liquidated
damages. The applicable requirements for a holder that is using
its existing telecommunications network or constructing a
telecommunications network shall be the same requirements that
the local unit of government imposes on telecommunications
providers in its jurisdiction. The applicable requirements for
a holder that is using or constructing a cable system shall be
the same requirements the local unit of government imposes on
other cable operators in its jurisdiction.
    (b) A local unit of government shall allow the holder to
install, construct, operate, maintain, and remove a cable
service, video service, or telecommunications network within a
public right-of-way and shall provide the holder with open,
comparable, nondiscriminatory, and competitively neutral
access to the public right-of-way on the same terms applicable
to other cable service or video service providers or cable
operators in its jurisdiction. Notwithstanding any other
provisions of law, if a local unit of government is permitted
by law to require the holder of a State authorization to seek a
permit to install, construct, operate, maintain, or remove its
cable service, video service, or telecommunications network
within a public right-of-way, those permits shall be deemed
granted within 45 days after being submitted, if not otherwise
acted upon by the local unit of government, provided the holder
complies with the requirements applicable to the holder in its
jurisdiction.
    (c) A local unit of government may impose reasonable terms,
but it may not discriminate against the holder with respect to
any of the following:
        (1) The authorization or placement of a cable service,
    video service, or telecommunications network or equipment
    in public rights-of-way.
        (2) Access to a building.
        (3) A local unit of government utility pole attachment.
    (d) If a local unit of government imposes a permit fee on
incumbent cable operators, it may impose a permit fee on the
holder only to the extent it imposes such a fee on incumbent
cable operators. In all other cases, these fees may not exceed
the actual, direct costs incurred by the local unit of
government for issuing the relevant permit. In no event may a
fee under this Section be levied if the holder already has paid
a permit fee of any kind in connection with the same activity
that would otherwise be covered by the permit fee under this
Section provided no additional equipment, work, function, or
other burden is added to the existing activity for which the
permit was issued.
    (e) Nothing in this Article shall affect the rights that
any holder has under Section 4 of the Telephone Line Right of
Way Act (220 ILCS 65/4).
    (f) In addition to the other requirements in this Section,
if the holder installs, upgrades, constructs, operates,
maintains, and removes facilities or equipment within a public
right-of-way to provide cable service or video service, it
shall comply with the following:
        (1) The holder must locate its equipment in the
    right-of-way as to cause only minimum interference with the
    use of streets, alleys, and other public ways and places,
    and to cause only minimum impact upon and interference with
    the rights and reasonable convenience of property owners
    who adjoin any of the said streets, alleys, or other public
    ways. No fixtures shall be placed in any public ways in
    such a manner to interfere with the usual travel on such
    public ways, nor shall such fixtures or equipment limit the
    visibility of vehicular or pedestrian traffic, or both.
        (2) The holder shall comply with a local unit of
    government's reasonable requests to place equipment on
    public property where possible and promptly comply with
    local unit of government direction with respect to the
    location and screening of equipment and facilities. In
    constructing or upgrading its cable or video network in the
    right-of-way, the holder shall use the smallest suitable
    equipment enclosures and power pedestals and cabinets then
    in use by the holder for the application.
        (3) The holder's construction practices shall be in
    accordance with all applicable Sections of the
    Occupational Safety and Health Act of 1970, as amended, as
    well as all applicable State laws, including the Civil
    Administrative Code of Illinois, and local codes, where
    applicable, as adopted by the local unit of government. All
    installation of electronic equipment shall be of a
    permanent nature, durable, and, where applicable,
    installed in accordance with the provisions of the National
    Electrical Safety Code of the National Bureau of Standards
    and National Electrical Code of the National Board of Fire
    Underwriters.
        (4) The holder shall not interfere with the local unit
    of government's performance of public works. Nothing in the
    State-issued authorization shall be in preference or
    hindrance to the right of the local unit of government to
    perform or carry on any public works or public improvements
    of any kind. The holder expressly agrees that it shall, at
    its own expense, protect, support, temporarily disconnect,
    relocate in the same street or other public place, or
    remove from such street or other public place any of the
    network, system, facilities, or equipment when required to
    do so by the local unit of government because of necessary
    public health, safety, and welfare improvements. In the
    event a holder and other users of a public right-of-way,
    including incumbent cable operators or utilities, are
    required to relocate and compensation is paid to the users
    of such public right-of-way, such parties shall be treated
    equally with respect to such compensation.
        (5) The holder shall comply with all local units of
    government inspection requirements. The making of
    post-construction, subsequent or periodic inspections, or
    both, or the failure to do so shall not operate to relieve
    the holder of any responsibility, obligation, or
    liability.
        (6) The holder shall maintain insurance or provide
    evidence of self insurance as required by an applicable
    ordinance of the local unit of government.
        (7) The holder shall reimburse all reasonable
    make-ready expenses, including aerial and underground
    installation expenses requested by the holder to the local
    unit of government within 30 days of billing to the holder,
    provided that such charges shall be at the same rates as
    charges to others for the same or similar services.
        (8) The holder shall indemnify and hold harmless the
    local unit of government and all boards, officers,
    employees, and representatives thereof from all claims,
    demands, causes of action, liability, judgments, costs and
    expenses, or losses for injury or death to persons or
    damage to property owned by, and Worker's Compensation
    claims against any parties indemnified herein, arising out
    of, caused by, or as a result of the holder's construction,
    lines, cable, erection, maintenance, use or presence of, or
    removal of any poles, wires, conduit, appurtenances
    thereto, or equipment or attachments thereto. The holder,
    however, shall not indemnify the local unit of government
    for any liabilities, damages, cost, and expense resulting
    from the willful misconduct, or negligence of the local
    unit of government, its officers, employees, and agents.
    The obligations imposed pursuant to this Section by a local
    unit of government shall be competitively neutral.
        (9) The holder, upon request, shall provide the local
    unit of government with information describing the
    location of the cable service or video service facilities
    and equipment located in the unit of local government's
    rights-of-way pursuant to its State-issued authorization.
    If designated by the holder as confidential, such
    information provided pursuant to this subsection shall be
    exempt from inspection and copying under the Illinois
    Freedom of Information Act pursuant to the exemption
    provided for under provision (mm) of item (1) of Section 7
    of the Freedom of Information Act and any other present or
    future exemptions applicable to such information and shall
    not be disclosed by the unit of local government to any
    third party without the written consent of the holder.
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
 
    (220 ILCS 5/21-1601)
    Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of
this Article are repealed July 1, 2017 2015.
(Source: P.A. 98-45, eff. 6-28-13.)
 
ARTICLE II

 
    Section 2-1. The Department of Central Management Services
Law of the Civil Administrative Code of Illinois is amended by
changing Section 405-270 as follows:
 
    (20 ILCS 405/405-270)  (was 20 ILCS 405/67.18)
    Sec. 405-270. Communications services. To provide for and
co-ordinate communications services for State agencies and,
when requested and when in the best interests of the State, for
units of federal or local governments and public and
not-for-profit institutions of primary, secondary, and higher
education. The Department may make use of its satellite uplink
available to interested parties not associated with State
government provided that State government usage shall have
first priority. For this purpose the Department shall have the
power and duty to do all of the following:
        (1) Provide for and control the procurement,
    retention, installation, and maintenance of communications
    equipment or services used by State agencies in the
    interest of efficiency and economy.
        (2) Establish standards by January 1, 1989 for
    communications services for State agencies which shall
    include a minimum of one telecommunication device for the
    deaf installed and operational within each State agency, to
    provide public access to agency information for those
    persons who are hearing or speech impaired. The Department
    shall consult the Department of Human Services to develop
    standards and implementation for this equipment.
        (3) Establish charges (i) for communication services
    for State agencies and, when requested, for units of
    federal or local government and public and not-for-profit
    institutions of primary, secondary, or higher education
    and (ii) for use of the Department's satellite uplink by
    parties not associated with State government. Entities
    charged for these services shall reimburse the Department.
        (4) Instruct all State agencies to report their usage
    of communication services regularly to the Department in
    the manner the Director may prescribe.
        (5) Analyze the present and future aims and needs of
    all State agencies in the area of communications services
    and plan to serve those aims and needs in the most
    effective and efficient manner.
        (6) Provide services, including, but not limited to,
    telecommunications, video recording, satellite uplink,
    public information, and other communications services.
        (7) Establish the administrative organization within
    the Department that is required to accomplish the purpose
    of this Section.
    The Department is authorized to conduct a study for the
purpose of determining technical, engineering, and management
specifications for the networking, compatible connection, or
shared use of existing and future public and private owned
television broadcast and reception facilities, including but
not limited to terrestrial microwave, fiber optic, and
satellite, for broadcast and reception of educational,
governmental, and business programs, and to implement those
specifications.
    However, the Department may not control or interfere with
the input of content into the telecommunications systems by the
several State agencies or units of federal or local government,
or public or not-for-profit institutions of primary,
secondary, and higher education, or users of the Department's
satellite uplink.
    As used in this Section, the term "State agencies" means
all departments, officers, commissions, boards, institutions,
and bodies politic and corporate of the State except (i) the
judicial branch, including, without limitation, the several
courts of the State, the offices of the clerk of the supreme
court and the clerks of the appellate court, and the
Administrative Office of the Illinois Courts and (ii) the
General Assembly, legislative service agencies, and all
officers of the General Assembly.
    This Section does not apply to the procurement of Next
Generation 9-1-1 service as governed by Section 15.6b of the
Emergency Telephone System Act.
(Source: P.A. 94-91, eff. 7-1-05; 94-295, eff. 7-21-05; 95-331,
eff. 8-21-07.)
 
    Section 2-3. The Illinois Administrative Procedure Act is
amended by changing Section 5-45 as follows:
 
    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
    Sec. 5-45. Emergency rulemaking.
    (a) "Emergency" means the existence of any situation that
any agency finds reasonably constitutes a threat to the public
interest, safety, or welfare.
    (b) If any agency finds that an emergency exists that
requires adoption of a rule upon fewer days than is required by
Section 5-40 and states in writing its reasons for that
finding, the agency may adopt an emergency rule without prior
notice or hearing upon filing a notice of emergency rulemaking
with the Secretary of State under Section 5-70. The notice
shall include the text of the emergency rule and shall be
published in the Illinois Register. Consent orders or other
court orders adopting settlements negotiated by an agency may
be adopted under this Section. Subject to applicable
constitutional or statutory provisions, an emergency rule
becomes effective immediately upon filing under Section 5-65 or
at a stated date less than 10 days thereafter. The agency's
finding and a statement of the specific reasons for the finding
shall be filed with the rule. The agency shall take reasonable
and appropriate measures to make emergency rules known to the
persons who may be affected by them.
    (c) An emergency rule may be effective for a period of not
longer than 150 days, but the agency's authority to adopt an
identical rule under Section 5-40 is not precluded. No
emergency rule may be adopted more than once in any 24 month
period, except that this limitation on the number of emergency
rules that may be adopted in a 24 month period does not apply
to (i) emergency rules that make additions to and deletions
from the Drug Manual under Section 5-5.16 of the Illinois
Public Aid Code or the generic drug formulary under Section
3.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
emergency rules adopted by the Pollution Control Board before
July 1, 1997 to implement portions of the Livestock Management
Facilities Act, (iii) emergency rules adopted by the Illinois
Department of Public Health under subsections (a) through (i)
of Section 2 of the Department of Public Health Act when
necessary to protect the public's health, (iv) emergency rules
adopted pursuant to subsection (n) of this Section, (v)
emergency rules adopted pursuant to subsection (o) of this
Section, or (vi) emergency rules adopted pursuant to subsection
(c-5) of this Section. Two or more emergency rules having
substantially the same purpose and effect shall be deemed to be
a single rule for purposes of this Section.
    (c-5) To facilitate the maintenance of the program of group
health benefits provided to annuitants, survivors, and retired
employees under the State Employees Group Insurance Act of
1971, rules to alter the contributions to be paid by the State,
annuitants, survivors, retired employees, or any combination
of those entities, for that program of group health benefits,
shall be adopted as emergency rules. The adoption of those
rules shall be considered an emergency and necessary for the
public interest, safety, and welfare.
    (d) In order to provide for the expeditious and timely
implementation of the State's fiscal year 1999 budget,
emergency rules to implement any provision of Public Act 90-587
or 90-588 or any other budget initiative for fiscal year 1999
may be adopted in accordance with this Section by the agency
charged with administering that provision or initiative,
except that the 24-month limitation on the adoption of
emergency rules and the provisions of Sections 5-115 and 5-125
do not apply to rules adopted under this subsection (d). The
adoption of emergency rules authorized by this subsection (d)
shall be deemed to be necessary for the public interest,
safety, and welfare.
    (e) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2000 budget,
emergency rules to implement any provision of this amendatory
Act of the 91st General Assembly or any other budget initiative
for fiscal year 2000 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (e). The adoption of emergency rules authorized by
this subsection (e) shall be deemed to be necessary for the
public interest, safety, and welfare.
    (f) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2001 budget,
emergency rules to implement any provision of this amendatory
Act of the 91st General Assembly or any other budget initiative
for fiscal year 2001 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (f). The adoption of emergency rules authorized by
this subsection (f) shall be deemed to be necessary for the
public interest, safety, and welfare.
    (g) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2002 budget,
emergency rules to implement any provision of this amendatory
Act of the 92nd General Assembly or any other budget initiative
for fiscal year 2002 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (g). The adoption of emergency rules authorized by
this subsection (g) shall be deemed to be necessary for the
public interest, safety, and welfare.
    (h) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2003 budget,
emergency rules to implement any provision of this amendatory
Act of the 92nd General Assembly or any other budget initiative
for fiscal year 2003 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (h). The adoption of emergency rules authorized by
this subsection (h) shall be deemed to be necessary for the
public interest, safety, and welfare.
    (i) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2004 budget,
emergency rules to implement any provision of this amendatory
Act of the 93rd General Assembly or any other budget initiative
for fiscal year 2004 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (i). The adoption of emergency rules authorized by
this subsection (i) shall be deemed to be necessary for the
public interest, safety, and welfare.
    (j) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2005 budget as provided under the Fiscal Year 2005 Budget
Implementation (Human Services) Act, emergency rules to
implement any provision of the Fiscal Year 2005 Budget
Implementation (Human Services) Act may be adopted in
accordance with this Section by the agency charged with
administering that provision, except that the 24-month
limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (j). The Department of Public Aid
may also adopt rules under this subsection (j) necessary to
administer the Illinois Public Aid Code and the Children's
Health Insurance Program Act. The adoption of emergency rules
authorized by this subsection (j) shall be deemed to be
necessary for the public interest, safety, and welfare.
    (k) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2006 budget, emergency rules to implement any provision of this
amendatory Act of the 94th General Assembly or any other budget
initiative for fiscal year 2006 may be adopted in accordance
with this Section by the agency charged with administering that
provision or initiative, except that the 24-month limitation on
the adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (k). The Department of Healthcare and Family
Services may also adopt rules under this subsection (k)
necessary to administer the Illinois Public Aid Code, the
Senior Citizens and Disabled Persons Property Tax Relief Act,
the Senior Citizens and Disabled Persons Prescription Drug
Discount Program Act (now the Illinois Prescription Drug
Discount Program Act), and the Children's Health Insurance
Program Act. The adoption of emergency rules authorized by this
subsection (k) shall be deemed to be necessary for the public
interest, safety, and welfare.
    (l) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2007 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2007, including
rules effective July 1, 2007, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (l) shall be deemed to be necessary for the
public interest, safety, and welfare.
    (m) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2008 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2008, including
rules effective July 1, 2008, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (m) shall be deemed to be necessary for the
public interest, safety, and welfare.
    (n) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2010 budget, emergency rules to implement any provision of this
amendatory Act of the 96th General Assembly or any other budget
initiative authorized by the 96th General Assembly for fiscal
year 2010 may be adopted in accordance with this Section by the
agency charged with administering that provision or
initiative. The adoption of emergency rules authorized by this
subsection (n) shall be deemed to be necessary for the public
interest, safety, and welfare. The rulemaking authority
granted in this subsection (n) shall apply only to rules
promulgated during Fiscal Year 2010.
    (o) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2011 budget, emergency rules to implement any provision of this
amendatory Act of the 96th General Assembly or any other budget
initiative authorized by the 96th General Assembly for fiscal
year 2011 may be adopted in accordance with this Section by the
agency charged with administering that provision or
initiative. The adoption of emergency rules authorized by this
subsection (o) is deemed to be necessary for the public
interest, safety, and welfare. The rulemaking authority
granted in this subsection (o) applies only to rules
promulgated on or after the effective date of this amendatory
Act of the 96th General Assembly through June 30, 2011.
    (p) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 97-689,
emergency rules to implement any provision of Public Act 97-689
may be adopted in accordance with this subsection (p) by the
agency charged with administering that provision or
initiative. The 150-day limitation of the effective period of
emergency rules does not apply to rules adopted under this
subsection (p), and the effective period may continue through
June 30, 2013. The 24-month limitation on the adoption of
emergency rules does not apply to rules adopted under this
subsection (p). The adoption of emergency rules authorized by
this subsection (p) is deemed to be necessary for the public
interest, safety, and welfare.
    (q) In order to provide for the expeditious and timely
implementation of the provisions of Articles 7, 8, 9, 11, and
12 of this amendatory Act of the 98th General Assembly,
emergency rules to implement any provision of Articles 7, 8, 9,
11, and 12 of this amendatory Act of the 98th General Assembly
may be adopted in accordance with this subsection (q) by the
agency charged with administering that provision or
initiative. The 24-month limitation on the adoption of
emergency rules does not apply to rules adopted under this
subsection (q). The adoption of emergency rules authorized by
this subsection (q) is deemed to be necessary for the public
interest, safety, and welfare.
    (r) In order to provide for the expeditious and timely
implementation of the provisions of this amendatory Act of the
98th General Assembly, emergency rules to implement this
amendatory Act of the 98th General Assembly may be adopted in
accordance with this subsection (r) by the Department of
Healthcare and Family Services. The 24-month limitation on the
adoption of emergency rules does not apply to rules adopted
under this subsection (r). The adoption of emergency rules
authorized by this subsection (r) is deemed to be necessary for
the public interest, safety, and welfare.
    (s) In order to provide for the expeditious and timely
implementation of the provisions of Sections 5-5b.1 and 5A-2 of
the Illinois Public Aid Code, emergency rules to implement any
provision of Section 5-5b.1 or Section 5A-2 of the Illinois
Public Aid Code may be adopted in accordance with this
subsection (s) by the Department of Healthcare and Family
Services. The rulemaking authority granted in this subsection
(s) shall apply only to those rules adopted prior to July 1,
2015. Notwithstanding any other provision of this Section, any
emergency rule adopted under this subsection (s) shall only
apply to payments made for State fiscal year 2015. The adoption
of emergency rules authorized by this subsection (s) is deemed
to be necessary for the public interest, safety, and welfare.
    (t) In order to provide for the expeditious and timely
implementation of the provisions of Article II of this
amendatory Act of the 99th General Assembly, emergency rules to
implement the changes made by Article II of this amendatory Act
of the 99th General Assembly to the Emergency Telephone System
Act may be adopted in accordance with this subsection (t) by
the Department of State Police. The rulemaking authority
granted in this subsection (t) shall apply only to those rules
adopted prior to July 1, 2016. The 24-month limitation on the
adoption of emergency rules does not apply to rules adopted
under this subsection (t). The adoption of emergency rules
authorized by this subsection (t) is deemed to be necessary for
the public interest, safety, and welfare.
(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
98-651, eff. 6-16-14; 99-2, eff. 3-26-15.)
 
    Section 2-5. The State Finance Act is amended by changing
Section 5.529 as follows:
 
    (30 ILCS 105/5.529)
    Sec. 5.529. The Statewide 9-1-1 Wireless Service Emergency
Fund.
(Source: P.A. 91-660, eff. 12-22-99; 92-16, eff. 6-28-01.)
 
    Section 2-10. The Emergency Telephone System Act is amended
by changing Sections 2, 3, 4, 6, 6.1, 7, 8, 10, 10.2, 11, 12,
15, 15.1, 15.4, 15.5, 15.6, 15.7, and 15.8 and by adding
Sections 15.2c, 15.3a, 15.4a, 15.4b, 15.6a, 15.6b, 20, 30, 35,
40, 45, 50, 55, and 60 as follows:
 
    (50 ILCS 750/2)  (from Ch. 134, par. 32)
    Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
    "9-1-1 system" means the geographic area that has been
granted an order of authority by the Commission or the
Statewide 9-1-1 Administrator to use "9-1-1" as the primary
emergency telephone number.
    "9-1-1 Authority" includes an Emergency Telephone System
Board, Joint Emergency Telephone System Board, and a qualified
governmental entity. "9-1-1 Authority" includes the Department
of State Police only to the extent it provides 9-1-1 services
under this Act.
    "Administrator" means the Statewide 9-1-1 Administrator.
    "Advanced service" means any telecommunications service
with dynamic bandwidth allocation, including, but not limited
to, ISDN Primary Rate Interface (PRI), that, through the use of
a DS-1, T-1, or similar un-channelized or multi-channel
transmission facility, is capable of transporting either the
subscriber's inter-premises voice telecommunications services
to the public switched network or the subscriber's 9-1-1 calls
to the public agency.
    "ALI" or "automatic location identification" means, in an
E9-1-1 system, the automatic display at the public safety
answering point of the caller's telephone number, the address
or location of the telephone, and supplementary emergency
services information.
    "ANI" or "automatic number identification" means the
automatic display of the 9-1-1 calling party's number on the
PSAP monitor.
    "Automatic alarm" and "automatic alerting device" mean any
device that will access the 9-1-1 system for emergency services
upon activation.
    "Board" means an Emergency Telephone System Board or a
Joint Emergency Telephone System Board created pursuant to
Section 15.4.
    "Carrier" includes a telecommunications carrier and a
wireless carrier.
    "Commission" means the Illinois Commerce Commission.
    "Computer aided dispatch" or "CAD" means a database
maintained by the public safety agency or public safety
answering point used in conjunction with 9-1-1 caller data.
    "Direct dispatch method" means a 9-1-1 service that
provides for the direct dispatch by a PSAP telecommunicator of
the appropriate unit upon receipt of an emergency call and the
decision as to the proper action to be taken.
    "Department" means the Department of State Police.
    "DS-1, T-1, or similar un-channelized or multi-channel
transmission facility" means a facility that can transmit and
receive a bit rate of at least 1.544 megabits per second
(Mbps).
    "Dynamic bandwidth allocation" means the ability of the
facility or customer to drop and add channels, or adjust
bandwidth, when needed in real time for voice or data purposes.
    "Enhanced 9-1-1" or "E9-1-1" means an emergency telephone
system that includes dedicated network, selective routing,
database, ALI, ANI, selective transfer, fixed transfer, and a
call back number.
    "ETSB" means an emergency telephone system board appointed
by the corporate authorities of any county or municipality that
provides for the management and operation of a 9-1-1 system.
    "Hearing-impaired individual" means a person with a
permanent hearing loss who can regularly and routinely
communicate by telephone only through the aid of devices which
can send and receive written messages over the telephone
network.
    "Hosted supplemental 9-1-1 service" means a database
service that:
        (1) electronically provides information to 9-1-1 call
    takers when a call is placed to 9-1-1;
        (2) allows telephone subscribers to provide
    information to 9-1-1 to be used in emergency scenarios;
        (3) collects a variety of formatted data relevant to
    9-1-1 and first responder needs, which may include, but is
    not limited to, photographs of the telephone subscribers,
    physical descriptions, medical information, household
    data, and emergency contacts;
        (4) allows for information to be entered by telephone
    subscribers through a secure website where they can elect
    to provide as little or as much information as they choose;
        (5) automatically displays data provided by telephone
    subscribers to 9-1-1 call takers for all types of
    telephones when a call is placed to 9-1-1 from a registered
    and confirmed phone number;
        (6) supports the delivery of telephone subscriber
    information through a secure internet connection to all
    emergency telephone system boards;
        (7) works across all 9-1-1 call taking equipment and
    allows for the easy transfer of information into a computer
    aided dispatch system; and
        (8) may be used to collect information pursuant to an
    Illinois Premise Alert Program as defined in the Illinois
    Premise Alert Program (PAP) Act.
    "Interconnected voice over Internet protocol provider" or
"Interconnected VoIP provider" has the meaning given to that
term under Section 13-235 of the Public Utilities Act.
    "Joint ETSB" means a Joint Emergency Telephone System Board
established by intergovernmental agreement of two or more
municipalities or counties, or a combination thereof, to
provide for the management and operation of a 9-1-1 system.
    "Local public agency" means any unit of local government or
special purpose district located in whole or in part within
this State that provides or has authority to provide
firefighting, police, ambulance, medical, or other emergency
services.
    "Mechanical dialer" means any device that either manually
or remotely triggers a dialing device to access the 9-1-1
system.
    "Master Street Address Guide" means the computerized
geographical database that consists of all street and address
data within a 9-1-1 system.
    "Mobile telephone number" or "MTN" means the telephone
number assigned to a wireless telephone at the time of initial
activation.
    "Network connections" means the number of voice grade
communications channels directly between a subscriber and a
telecommunications carrier's public switched network, without
the intervention of any other telecommunications carrier's
switched network, which would be required to carry the
subscriber's inter-premises traffic and which connection
either (1) is capable of providing access through the public
switched network to a 9-1-1 Emergency Telephone System, if one
exists, or (2) if no system exists at the time a surcharge is
imposed under Section 15.3, that would be capable of providing
access through the public switched network to the local 9-1-1
Emergency Telephone System if one existed. Where multiple voice
grade communications channels are connected to a
telecommunications carrier's public switched network through a
private branch exchange (PBX) service, there shall be
determined to be one network connection for each trunk line
capable of transporting either the subscriber's inter-premises
traffic to the public switched network or the subscriber's
9-1-1 calls to the public agency. Where multiple voice grade
communications channels are connected to a telecommunications
carrier's public switched network through centrex type
service, the number of network connections shall be equal to
the number of PBX trunk equivalents for the subscriber's
service, as determined by reference to any generally applicable
exchange access service tariff filed by the subscriber's
telecommunications carrier with the Commission.
    "Network costs" means those recurring costs that directly
relate to the operation of the 9-1-1 network as determined by
the Statewide 9-1-1 Advisory Board, including, but not limited
to, costs for interoffice trunks, selective routing charges,
transfer lines and toll charges for 9-1-1 services, Automatic
Location Information (ALI) database charges, call box trunk
circuit (including central office only and not including
extensions to fire stations), independent local exchange
carrier charges and non-system provider charges, carrier
charges for third party database for on-site customer premises
equipment, back-up PSAP trunks for non-system providers,
periodic database updates as provided by carrier (also known as
"ALI data dump"), regional ALI storage charges, circuits for
call delivery (fiber or circuit connection), NG9-1-1 costs, and
all associated fees, taxes, and surcharges on each invoice.
"Network costs" shall not include radio circuits or toll
charges that are other than for 9-1-1 services.
    "Next generation 9-1-1" or "NG9-1-1" means an Internet
Protocol-based (IP-based) system comprised of managed ESInets,
functional elements and applications, and databases that
replicate traditional E9-1-1 features and functions and
provide additional capabilities. "NG9-1-1" systems are
designed to provide access to emergency services from all
connected communications sources, and provide multimedia data
capabilities for PSAPs and other emergency services
organizations.
    "NG9-1-1 costs" means those recurring costs that directly
relate to the Next Generation 9-1-1 service as determined by
the Statewide 9-1-1 Advisory Board, including, but not limited
to, costs for Emergency System Routing Proxy (ESRP), Emergency
Call Routing Function/Location Validation Function (ECRF/LVF),
Spatial Information Function (SIF), the Border Control
Function (BCF), and the Emergency Services Internet Protocol
networks (ESInets), legacy network gateways, and all
associated fees, taxes, and surcharges on each invoice.
    "Private branch exchange" or "PBX" means a private
telephone system and associated equipment located on the user's
property that provides communications between internal
stations and external networks.
    "Private business switch service" means a
telecommunications service including centrex type service and
PBX service, even though key telephone systems or equivalent
telephone systems registered with the Federal Communications
Commission under 47 C.F.R. Part 68 are directly connected to
centrex type and PBX systems providing 9-1-1 services equipped
for switched local network connections or 9-1-1 system access
to business end users through a private telephone switch.
    "Private business switch service" does not include key
telephone systems or equivalent telephone systems registered
with the Federal Communications Commission under 47 C.F.R. Part
68 when not used in conjunction with centrex type and PBX
systems. "Private business switch service" typically includes,
but is not limited to, private businesses, corporations, and
industries where the telecommunications service is primarily
for conducting business.
    "Private residential switch service" means a
telecommunications service including centrex type service and
PBX service, even though key telephone systems or equivalent
telephone systems registered with the Federal Communications
Commission under 47 C.F.R. Part 68 are directly connected to
centrex type and PBX systems providing 9-1-1 services equipped
for switched local network connections or 9-1-1 system access
to residential end users through a private telephone switch.
"Private residential switch service" does not include key
telephone systems or equivalent telephone systems registered
with the Federal Communications Commission under 47 C.F.R. Part
68 when not used in conjunction with centrex type and PBX
systems. "Private residential switch service" typically
includes, but is not limited to, apartment complexes,
condominiums, and campus or university environments where
shared tenant service is provided and where the usage of the
telecommunications service is primarily residential.
    "Public agency" means the State, and any unit of local
government or special purpose district located in whole or in
part within this State, that provides or has authority to
provide firefighting, police, ambulance, medical, or other
emergency services.
    "Public safety agency" means a functional division of a
public agency that provides firefighting, police, medical, or
other emergency services. For the purpose of providing wireless
service to users of 9-1-1 emergency services, as expressly
provided for in this Act, the Department of State Police may be
considered a public safety agency.
    "Public safety answering point" or "PSAP" means the initial
answering location of an emergency call.
    "Qualified governmental entity" means a unit of local
government authorized to provide 9-1-1 services pursuant to
this Act where no emergency telephone system board exists.
    "Referral method" means a 9-1-1 service in which the PSAP
telecommunicator provides the calling party with the telephone
number of the appropriate public safety agency or other
provider of emergency services.
    "Regular service" means any telecommunications service,
other than advanced service, that is capable of transporting
either the subscriber's inter-premises voice
telecommunications services to the public switched network or
the subscriber's 9-1-1 calls to the public agency.
    "Relay method" means a 9-1-1 service in which the PSAP
telecommunicator takes the pertinent information from a caller
and relays that information to the appropriate public safety
agency or other provider of emergency services.
    "Remit period" means the billing period, one month in
duration, for which a wireless carrier remits a surcharge and
provides subscriber information by zip code to the Department,
in accordance with Section 20 of this Act.
    "Statewide wireless emergency 9-1-1 system" means all
areas of the State where an emergency telephone system board
or, in the absence of an emergency telephone system board, a
qualified governmental entity, has not declared 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. The operator of the statewide wireless
emergency 9-1-1 system shall be the Department of State Police.
    "System" means the communications equipment and related
software applications required to produce a response by the
appropriate emergency public safety agency or other provider of
emergency services as a result of an emergency call being
placed to 9-1-1.
    "System provider" means the contracted entity providing
9-1-1 network and database services.
    "Telecommunications carrier" means those entities included
within the definition specified in Section 13-202 of the Public
Utilities Act, and includes those carriers acting as resellers
of telecommunications services. "Telecommunications carrier"
includes telephone systems operating as mutual concerns.
"Telecommunications carrier" does not include a wireless
carrier.
    "Telecommunications technology" means equipment that can
send and receive written messages over the telephone network.
    "Transfer method" means a 9-1-1 service in which the PSAP
telecommunicator receiving a call transfers that call to the
appropriate public safety agency or other provider of emergency
services.
    "Transmitting messages" shall have the meaning given to
that term under Section 8-11-2 of the Illinois Municipal Code.
    "Trunk line" means a transmission path, or group of
transmission paths, connecting a subscriber's PBX to a
telecommunications carrier's public switched network. In the
case of regular service, each voice grade communications
channel or equivalent amount of bandwidth capable of
transporting either the subscriber's inter-premises voice
telecommunications services to the public switched network or
the subscriber's 9-1-1 calls to the public agency shall be
considered a trunk line, even if it is bundled with other
channels or additional bandwidth. In the case of advanced
service, each DS-1, T-1, or similar un-channelized or
multi-channel transmission facility that is capable of
transporting either the subscriber's inter-premises voice
telecommunications services to the public switched network or
the subscriber's 9-1-1 calls to the public agency shall be
considered a single trunk line, even if it contains multiple
voice grade communications channels or otherwise supports 2 or
more voice grade calls at a time; provided, however, that each
additional 1.544 Mbps of transmission capacity that is capable
of transporting either the subscriber's inter-premises voice
telecommunications services to the public switched network or
the subscriber's 9-1-1 calls to the public agency shall be
considered an additional trunk line.
    "Voice-impaired individual" means a person with a
permanent speech disability which precludes oral
communication, who can regularly and routinely communicate by
telephone only through the aid of devices which can send and
receive written messages over the telephone network.
    "Wireless carrier" means a provider of two-way cellular,
broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
Mobile Radio Service (CMRS), Wireless Communications Service
(WCS), or other Commercial Mobile Radio Service (CMRS), as
defined by the Federal Communications Commission, offering
radio communications that may provide fixed, mobile, radio
location, or satellite communication services to individuals
or businesses within its assigned spectrum block and
geographical area or that offers real-time, two-way voice
service that is interconnected with the public switched
network, including a reseller of such service.
    "Wireless enhanced 9-1-1" means the ability to relay the
telephone number of the originator of a 9-1-1 call and location
information from any mobile handset or text telephone device
accessing the wireless system to the designated wireless public
safety answering point as set forth in the order of the Federal
Communications Commission, FCC Docket No. 94-102, adopted June
12, 1996, with an effective date of October 1, 1996, and any
subsequent amendment thereto.
    "Wireless public safety answering point" means the
functional division of a 9-1-1 authority accepting wireless
9-1-1 calls.
    "Wireless subscriber" means an individual or entity to whom
a wireless service account or number has been assigned by a
wireless carrier, other than an account or number associated
with prepaid wireless telecommunication service.
As used in this Act, the terms defined in Sections following
this Section and preceding Section 3 have the meanings ascribed
to them in those Sections.
(Source: P.A. 88-497.)
 
    (50 ILCS 750/3)  (from Ch. 134, par. 33)
    Sec. 3. (a) By July 1, 2017, every local public agency
shall be within the jurisdiction of a 9-1-1 system. Every local
public agency in a county having 100,000 or more inhabitants,
within its respective jurisdiction, shall establish and have in
operation within 3 years after the implementation date or by
December 31, 1985, whichever is later, a basic or sophisticated
system as specified in this Act. Other public agencies may
establish such a system, and shall be entitled to participate
in any program of grants or other State funding of such
systems.
    (b) By July 1, 2020, every 9-1-1 system in Illinois shall
provide Next Generation 9-1-1 service. The establishment of
such systems shall be centralized to the extent feasible.
    (c) Nothing in this Act shall be construed to prohibit or
discourage in any way the formation of multijurisdictional or
regional systems, and any system established pursuant to this
Act may include the territory of more than one public agency or
may include a segment of the territory of a public agency.
(Source: P.A. 81-1509.)
 
    (50 ILCS 750/4)  (from Ch. 134, par. 34)
    Sec. 4. Every system shall include police, firefighting,
and emergency medical and ambulance services, and may include
other emergency services, in the discretion of the affected
local public agency, such as poison control services, suicide
prevention services, and civil defense services. The system may
incorporate private ambulance service. In those areas in which
a public safety agency of the state provides such emergency
services, the system shall include such public safety agencies.
(Source: P.A. 79-1092.)
 
    (50 ILCS 750/6)  (from Ch. 134, par. 36)
    Sec. 6. Capabilities of system; pay telephones. All systems
shall be designed to meet the specific requirements of each
community and public agency served by the system. Every system,
whether basic or sophisticated, shall be designed to have the
capability of utilizing the direct dispatch method, relay
method, transfer method, or referral method at least 1 of the
methods specified in Sections 2.03 through 2.06, in response to
emergency calls. The General Assembly finds and declares that
the most critical aspect of the design of any system is the
procedure established for handling a telephone request for
emergency services.
    In addition, to maximize efficiency and utilization of the
system, all pay telephones within each system shall, within 3
years after the implementation date or by December 31, 1985,
whichever is later, enable a caller to dial "9-1-1" for
emergency services without the necessity of inserting a coin.
This paragraph does not apply to pay telephones located in
penal institutions, as defined in Section 2-14 of the Criminal
Code of 2012, that have been designated for the exclusive use
of committed persons.
(Source: P.A. 97-1150, eff. 1-25-13.)
 
    (50 ILCS 750/6.1)  (from Ch. 134, par. 36.1)
    Sec. 6.1. Every The Commission shall require that every
9-1-1 system shall be readily accessible to hearing-impaired
and voice-impaired individuals through the use of
telecommunications technology for hearing-impaired and
speech-impaired individuals.
    As used in this Section:
        "Hearing-impaired individual" means a person with a
    permanent hearing loss who can regularly and routinely
    communicate by telephone only through the aid of devices
    which can send and receive written messages over the
    telephone network.
        "Voice-impaired individual" means a person with a
    permanent speech disability which precludes oral
    communication, who can regularly and routinely communicate
    by telephone only through the aid of devices which can send
    and receive written messages over the telephone network.
        "Telecommunications technology" means equipment that
    can send and receive written messages over the telephone
    network.
(Source: P.A. 87-146.)
 
    (50 ILCS 750/7)  (from Ch. 134, par. 37)
    Sec. 7. The General Assembly finds that, because of
overlapping jurisdiction of public agencies, public safety
agencies and telephone service areas, the Administrator, with
the advice and recommendation of the Statewide 9-1-1 Advisory
Board, Commission shall establish a general overview or plan to
effectuate the purposes of this Act within the time frame
provided in this Act. In order to insure that proper
preparation and implementation of emergency telephone systems
are accomplished by all public agencies as required under this
Act in a county having 100,000 or more inhabitants within 3
years after the implementation date or by December 31, 1985,
whichever is later, the Department Commission, with the advice
and assistance of the Attorney General, shall secure compliance
by public agencies as provided in this Act.
(Source: P.A. 81-1122.)
 
    (50 ILCS 750/8)  (from Ch. 134, par. 38)
    Sec. 8. The Administrator Commission, with the advice and
recommendation assistance of the Statewide 9-1-1 Advisory
Board Attorney General, shall coordinate the implementation of
systems established under this Act. The Commission, with the
advice and assistance of the Attorney General, shall assist
local public agencies and local public safety agencies in
obtaining financial help to establish emergency telephone
service, and shall aid such agencies in the formulation of
concepts, methods, and procedures which will improve the
operation of systems required by this Act and which will
increase cooperation between public safety agencies.
(Source: P.A. 79-1092.)
 
    (50 ILCS 750/10)  (from Ch. 134, par. 40)
    Sec. 10. The Administrator, with the advice and
recommendation of the Statewide 9-1-1 Advisory Board, shall
establish uniform technical and operational standards for all
9-1-1 systems in Illinois. All findings, orders, decisions,
rules, and regulations issued or promulgated by the Commission
under this Act or any other Act establishing or conferring
power on the Commission with respect to emergency
telecommunications services, shall continue in force.
Notwithstanding the provisions of this Section, where
applicable, the Administrator shall, with the advice and
recommendation of the Statewide 9-1-1 Advisory Board, amend the
Commission's findings, orders, decisions, rules, and
regulations to conform to the specific provisions of this Act
as soon as practicable after the effective date of this
amendatory Act of the 99th General Assembly. The Department may
adopt emergency rules necessary to implement the provisions of
this amendatory Act of the 99th General Assembly under
subsection (t) of Section 5-45 of the Illinois Administrative
Procedure Act. Technical and operational standards for the
development of the local agency systems shall be established
and reviewed by the Commission on or before December 31, 1979,
after consultation with all agencies specified in Section 9.
    For the limited purpose of permitting a board, a qualified
governmental entity, a group of boards, or a group of
governmental entities to participate in a Regional Pilot
Project to implement next generation 9-1-1, as defined in this
Act, the Commission may forbear from applying any rule adopted
under the Emergency Telephone Systems Act as it applies to
conducting of the Regional Pilot Project to implement next
generation 9-1-1, if the Commission determines, after notice
and hearing, that:
        (1) enforcement of the rule is not necessary to ensure
    the development and improvement of emergency communication
    procedures and facilities in such a manner as to be able to
    quickly respond to any person requesting 9-1-1 service from
    police, fire, medical, rescue, and other emergency
    services;
        (2) enforcement of the rule or provision is not
    necessary for the protection of consumers; and
        (3) forbearance from applying the provisions or rules
    is consistent with the public interest.
    The Commission may exercise such forbearance with respect
to one, and only one, Regional Pilot Project to implement next
generation 9-1-1.
    If the Commission authorizes a Regional Pilot Project, then
telecommunications carriers shall not be liable for any civil
damages as a result of any act or omission, except willful or
wanton misconduct, in connection with developing, adopting,
operating, implementing, or delivering or receiving calls in
connection with any plan or system authorized by this Section
and Section 11 of this Act.
(Source: P.A. 96-1443, eff. 8-20-10.)
 
    (50 ILCS 750/10.2)  (from Ch. 134, par. 40.2)
    Sec. 10.2. The Emergency Telephone System Board in any
county passing a referendum under Section 15.3, and the
Chairman of the County Board in any county implementing a 9-1-1
system shall ensure that all areas of the county are included
in the system.
(Source: P.A. 87-146.)
 
    (50 ILCS 750/11)  (from Ch. 134, par. 41)
    Sec. 11. Within one year after the implementation date or
by January 31, 1980, whichever is later, all public agencies in
a county having 100,000 or more inhabitants shall submit
tentative plans of the establishment of a system required by
this Act to the public utility or utilities providing public
telephone service within the respective jurisdiction of each
public agency. A copy of each such plan shall be filed with the
Commission.
    Within 2 years after the implementation date or by January
31, 1982, whichever is later, all public agencies in a county
having 100,000 or more inhabitants shall submit final plans for
the establishment of the system to such utilities, and shall
make arrangements with such utilities for the implementation of
the planned emergency telephone system no later than 3 years
after the implementation date or by December 31, 1985,
whichever is later. A copy of the plan required by this
subdivision shall be filed with the Commission. In order to
secure compliance with the standards promulgated under Section
10, the Commission shall have the power to approve or
disapprove such plan, unless such plan was announced before the
effective date of this Act.
    If any public agency has implemented or is a part of a
system required by this Act on a deadline specified in this
Section, such public agency shall submit in lieu of the
tentative or final plan a report describing the system and
stating its operational date.
    A board, a qualified governmental entity, a group of
boards, or a group of qualified governmental entities involved
in a Regional Pilot Project to implement next generation 9-1-1,
as defined in this Act, shall submit a plan to the Commission
describing in detail the Regional Pilot Project no fewer than
180 days prior to the implementation of the plan. The
Commission may approve the plan after notice and hearing to
authorize such Regional Pilot Project. Such shall not exceed
one year duration or other time period approved by the
Commission. No entity may proceed with the Regional Pilot
Project until it receives Commission approval. In approving any
plan for a Regional Pilot Project under this Section, the
Commission may impose such terms, conditions, or requirements
as, in its judgment, are necessary to protect the interests of
the public.
    The Commission shall have authority to approve one, and
only one, Regional Pilot Project to implement next generation
9-1-1.
    All local public agencies operating a 9-1-1 system shall
operate under a plan that has been filed with and approved by
the Commission prior to January 1, 2016, or the Administrator.
Plans filed under this Section shall conform to minimum
standards established pursuant to Section 10.
(Source: P.A. 96-1443, eff. 8-20-10.)
 
    (50 ILCS 750/12)  (from Ch. 134, par. 42)
    Sec. 12. The Attorney General may, in behalf of the
Department Commission or on his own initiative, commence
judicial proceedings to enforce compliance by any public agency
or public utility providing telephone service with this Act.
(Source: P.A. 79-1092.)
 
    (50 ILCS 750/15)  (from Ch. 134, par. 45)
    Sec. 15. Copies of the annual certified notification of
continuing agreement required by Section 14 shall be filed with
the Attorney General and the Administrator Commission. All
Commencing with the year 1987, all such agreements shall be so
filed prior to the 31st day of January. The Attorney General
shall commence judicial proceedings to enforce compliance with
this Section and Section 14, where a public agency or public
safety agency has failed to timely enter into such agreement or
file copies thereof.
(Source: P.A. 86-101.)
 
    (50 ILCS 750/15.1)  (from Ch. 134, par. 45.1)
    Sec. 15.1. Public body; exemption from civil liability for
developing or operating emergency telephone system.
    (a) In no event shall a No public agency, the Commission,
the Statewide 9-1-1 Advisory Board, the Administrator, the
Department of State Police, public safety agency, public safety
answering point, emergency telephone system board, or unit of
local government assuming the duties of an emergency telephone
system board, or carrier, or its officers, employees, assigns,
or agents nor any officer, agent or employee of any public
agency, public safety agency, emergency telephone system
board, or unit of local government assuming the duties of an
emergency telephone system board, shall be liable for any civil
damages or criminal liability that directly or indirectly
results from, or is caused by, any act or omission in the
development, design, installation, operation, maintenance,
performance, or provision of 9-1-1 service required by this
Act, unless the act or omission constitutes gross negligence,
recklessness, or intentional misconduct as a result of any act
or omission, except willful or wanton misconduct, in connection
with developing, adopting, operating or implementing any plan
or system required by this Act.
    A unit of local government, the Commission, the Statewide
9-1-1 Advisory Board, the Administrator, the Department of
State Police, public safety agency, public safety answering
point, emergency telephone system board, or carrier, or its
officers, employees, assigns, or agents, shall not be liable
for any form of civil damages or criminal liability that
directly or indirectly results from, or is caused by, the
release of subscriber information to any governmental entity as
required under the provisions of this Act, unless the release
constitutes gross negligence, recklessness, or intentional
misconduct.
    (b) Exemption from civil liability for emergency
instructions is as provided in the Good Samaritan Act.
    (c) This Section may not be offered as a defense in any
judicial proceeding brought by the Attorney General under
Section 12 to compel compliance with this Act.
(Source: P.A. 89-403, eff. 1-1-96; 89-607, eff. 1-1-97.)
 
    (50 ILCS 750/15.2c new)
    Sec. 15.2c. Call boxes. No carrier shall be required to
provide a call box. For purposes of this Section, the term
"call box" means a device that is normally mounted to an
outside wall of the serving telecommunications carrier central
office and designed to provide emergency on-site answering by
authorized personnel at the central office location in the
event a central office is isolated from the 9-1-1 network.
 
    (50 ILCS 750/15.3a new)
    Sec. 15.3a. Local wireless surcharge.
    (a) 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, except as provided in subsection (b) of this
Section, in no event shall that monthly surcharge exceed $2.50
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.
    (b) Until July 1, 2017, the corporate authorities of a
municipality with a population in excess of 500,000 on the
effective date of this amendatory Act of the 99th General
Assembly may by ordinance continue to impose and collect a
monthly surcharge per commercial mobile radio service (CMRS)
connection or in-service telephone number billed on a monthly
basis that does not exceed the highest monthly surcharge
imposed as of January 1, 2014 by any county or municipality
under subsection (c) of Section 15.3 of this Act. On or after
July 1, 2017, the municipality may continue imposing and
collecting its wireless carrier surcharge as provided in and
subject to the limitations of subsection (a) of this Section.
    (c) 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.
 
    (50 ILCS 750/15.4)  (from Ch. 134, par. 45.4)
    Sec. 15.4. Emergency Telephone System Board; powers.
    (a) Except as provided in subsection (e) of this Section,
the The corporate authorities of any county or municipality may
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) may 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. In counties with a population of more
than 100,000 but less than 2,000,000, a member of the county
board may serve on the Emergency Telephone System Board.
Elected officials, including members of a county board, 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.
    Upon the effective date of this amendatory Act of the 98th
General Assembly, appointed members of the Emergency Telephone
System Board shall serve staggered 3-year terms if: (1) the
Board serves a county with a population of 100,000 or less; and
(2) appointments, on the effective date of this amendatory Act
of the 98th General Assembly, are not for a stated term. The
corporate authorities of the county or municipality shall
assign terms to the board members serving on the effective date
of this amendatory Act of the 98th General Assembly in the
following manner: (1) one-third of board members' terms shall
expire on January 1, 2015; (2) one-third of board members'
terms shall expire on January 1, 2016; and (3) remaining board
members' terms shall expire on January 1, 2017. Board members
may be re-appointed upon the expiration of their terms by the
corporate authorities of the county or municipality.
    The corporate authorities of a county or municipality may,
by a vote of the majority of the members elected, remove an
Emergency Telephone System Board member for misconduct,
official misconduct, or neglect of office.
    (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 from the surcharge imposed under
    Section 15.3, or disbursed to it under Section 30, 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.
        (6) (Blank). Participating in a Regional Pilot Project
    to implement next generation 9-1-1, as defined in this Act,
    subject to the conditions set forth in this Act.
    (c) All moneys received by a board pursuant to a surcharge
imposed under Section 15.3, or disbursed to it under Section
30, 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 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.
        (7.5) The purchase of real property if the purchase is
    made before March 16, 2006.
        (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.
        (9) The defraying of expenses incurred in
    participation in a Regional Pilot Project to implement next
    generation 9-1-1, subject to the conditions set forth in
    this Act.
        (10) The implementation of a computer aided dispatch
    system or hosted supplemental 9-1-1 services.
    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 a Master Street Address Guide
database the data base before implementation of the 9-1-1
system. The error ratio of the database data base shall not at
any time exceed 1% of the total database data base.
    (e) On and after January 1, 2016, no municipality or county
may create an Emergency Telephone System Board unless the board
is a Joint Emergency Telephone System Board. The corporate
authorities of any county or municipality entering into an
intergovernmental agreement to create or join a Joint Emergency
Telephone System Board shall rescind the ordinance or
ordinances creating the original Emergency Telephone System
Board and shall eliminate the Emergency Telephone System Board,
effective upon the creation, with regulatory approval by the
Administrator, or joining of the Joint Emergency Telephone
System Board.
(Source: P.A. 97-517, eff. 8-23-11; 97-1018, eff. 8-17-12;
98-481, eff. 8-16-13.)
 
    (50 ILCS 750/15.4a new)
    Sec. 15.4a. Consolidation.
    (a) By July 1, 2017, and except as otherwise provided in
this Section, Emergency Telephone System Boards, Joint
Emergency Telephone System Boards, qualified governmental
entities, and PSAPs shall be consolidated as follows, subject
to subsections (b) and (c) of this Section:
        (1) In any county with a population of at least 250,000
    that has a single Emergency Telephone System Board, or
    qualified governmental entity and more than 2 PSAPs, shall
    reduce the number of PSAPs by at least 50% or to 2 PSAPs,
    whichever is greater. Nothing in this paragraph shall
    preclude consolidation resulting in one PSAP in the county.
        (2) In any county with a population of at least 250,000
    that has more than one Emergency Telephone System Board,
    Joint Emergency Telephone System Board, or qualified
    governmental entity, any 9-1-1 Authority serving a
    population of less than 25,000 shall be consolidated such
    that no 9-1-1 Authority in the county serves a population
    of less than 25,000.
        (3) In any county with a population of at least 250,000
    but less than 1,000,000 that has more than one Emergency
    Telephone System Board, Joint Emergency Telephone System
    Board, or qualified governmental entity, each 9-1-1
    Authority shall reduce the number of PSAPs by at least 50%
    or to 2 PSAPs, whichever is greater. Nothing in this
    paragraph shall preclude consolidation of a 9-1-1
    Authority into a Joint Emergency Telephone System Board,
    and nothing in this paragraph shall preclude consolidation
    resulting in one PSAP in the county.
        (4) In any county with a population of less than
    250,000 that has a single Emergency Telephone System Board
    or qualified governmental entity and more than 2 PSAPs, the
    9-1-1 Authority shall reduce the number of PSAPs by at
    least 50% or to 2 PSAPs, whichever is greater. Nothing in
    this paragraph shall preclude consolidation resulting in
    one PSAP in the county.
        (5) In any county with a population of less than
    250,000 that has more than one Emergency Telephone System
    Board, Joint Emergency Telephone System Board, or
    qualified governmental entity and more than 2 PSAPS, the
    9-1-1 Authorities shall be consolidated into a single joint
    board, and the number of PSAPs shall be reduced by at least
    50% or to 2 PSAPs, whichever is greater. Nothing in this
    paragraph shall preclude consolidation resulting in one
    PSAP in the county.
        (6) Any 9-1-1 Authority that does not have a PSAP
    within its jurisdiction shall be consolidated through an
    intergovernmental agreement with an existing 9-1-1
    Authority that has a PSAP to create a Joint Emergency
    Telephone Board.
        (7) The corporate authorities of each county that has
    no 9-1-1 service as of January 1, 2016 shall provide
    enhanced 9-1-1 wireline and wireless enhanced 9-1-1
    service for that county by either (i) entering into an
    intergovernmental agreement with an existing Emergency
    Telephone System Board to create a new Joint Emergency
    Telephone System Board, or (ii) entering into an
    intergovernmental agreement with the corporate authorities
    that have created an existing Joint Emergency Telephone
    System Board.
    (b) By July 1, 2016, each county required to consolidate
pursuant to paragraph (7) of subsection (a) of this Section and
each 9-1-1 Authority required to consolidate pursuant to
paragraphs (1) through (6) of subsection (a) of this Section
shall file a plan for consolidation or a request for a waiver
pursuant to subsection (c) of this Section with the Division of
9-1-1. Within 60 calendar days of receiving a consolidation
plan, the Statewide 9-1-1 Advisory Board shall hold at least
one public hearing on the plan and provide a recommendation to
the Administrator. Notice of the hearing shall be provided to
the respective entity to which the plan applies. Within 90
calendar days of receiving a consolidation plan, the
Administrator shall approve the plan, approve the plan as
modified, or grant a waiver pursuant to subsection (c) of this
Section. In making his or her decision, the Administrator shall
consider any recommendation from the Statewide 9-1-1 Advisory
Board regarding the plan. If the Administrator does not follow
the recommendation of the Board, the Administrator shall
provide a written explanation for the deviation in his or her
decision. The deadlines provided in this subsection may be
extended upon agreement between the Administrator and entity
which submitted the plan.
    (c) A waiver from a consolidation required under subsection
(a) of this Section may be granted if the Administrator finds
that the consolidation will result in a substantial threat to
public safety, is economically unreasonable, or is technically
infeasible.
    (d) Any decision of the Administrator under this Section
shall be deemed a final administrative decision and shall be
subject to judicial review under the Administrative Review Law.
 
    (50 ILCS 750/15.4b new)
    Sec. 15.4b. Consolidation grants.
    (a) The Administrator, with the advice and recommendation
of the Statewide 9-1-1 Advisory Board, shall administer a 9-1-1
System Consolidation Grant Program to defray costs associated
with 9-1-1 system consolidation of systems outside of a
municipality with a population in excess of 500,000. The
awarded grants will be used to offset non-recurring costs
associated with the consolidation of 9-1-1 systems and shall
not be used for ongoing operating costs associated with the
consolidated system. The Department, in consultation with the
Administrator and the Statewide 9-1-1 Advisory Board, shall
adopt rules defining the grant process and criteria for issuing
the grants. The grants should be awarded based on criteria that
include, but are not limited to:
        (1) reducing the number of transfers of a 9-1-1 call;
        (2) reducing the infrastructure required to adequately
    provide 9-1-1 network services;
        (3) promoting cost savings from resource sharing among
    9-1-1 systems;
        (4) facilitating interoperability and resiliency for
    the receipt of 9-1-1 calls;
        (5) reducing the number of 9-1-1 systems or reducing
    the number of PSAPs within a 9-1-1 system;
        (6) cost saving resulting from 9-1-1 system
    consolidation; and
        (7) expanding E9-1-1 service coverage as a result of
    9-1-1 system consolidation including to areas without
    E9-1-1 service.
    Priority shall be given first to counties not providing
9-1-1 service as of January 1, 2016, and next to other entities
consolidating as required under Section 15.4a of this Act.
    (b) The 9-1-1 System Consolidation Grant application, as
defined by Department rules, shall be submitted electronically
to the Administrator starting January 2, 2016, and every
January 2 thereafter. The application shall include a modified
9-1-1 system plan as required by this Act in support of the
consolidation plan. The Administrator shall have until June 30,
2016 and every June 30 thereafter to approve 9-1-1 System
Consolidation grants and modified 9-1-1 system plans. Payment
under the approved 9-1-1 System Consolidation grants shall be
contingent upon the final approval of a modified 9-1-1 system
plan.
    (c) Existing and previously completed consolidation
projects shall be eligible to apply for reimbursement of costs
related to the consolidation incurred between 2010 and the
State fiscal year of the application.
    (d) The 9-1-1 systems that receive grants under this
Section shall provide a report detailing grant fund usage to
the Administrator pursuant to Section 40 of this Act.
 
    (50 ILCS 750/15.5)
    Sec. 15.5. Private residential switch service 9-1-1
service.
    (a) After June 30, 1995, an entity that provides or
operates private residential switch service and provides
telecommunications facilities or services to residents shall
provide to those residential end users the same level of 9-1-1
service as the public agency and the telecommunications carrier
are providing to other residential end users of the local 9-1-1
system. This service shall include, but not be limited to, the
capability to identify the telephone number, extension number,
and the physical location that is the source of the call to the
number designated as the emergency telephone number.
    (b) The private residential switch operator is responsible
for forwarding end user automatic location identification
record information to the 9-1-1 system provider according to
the format, frequency, and procedures established by that
system provider.
    (c) This Act does not apply to any PBX telephone extension
that uses radio transmissions to convey electrical signals
directly between the telephone extension and the serving PBX.
    (d) An entity that violates this Section is guilty of a
business offense and shall be fined not less than $1,000 and
not more than $5,000.
    (e) Nothing in this Section shall be construed to preclude
the Attorney General on behalf of the Department Commission or
on his or her own initiative, or any other interested person,
from seeking judicial relief, by mandamus, injunction, or
otherwise, to compel compliance with this Section.
(Source: P.A. 88-604, eff. 9-1-94; 89-222, eff. 1-1-96; 89-497,
eff. 6-27-96.)
 
    (50 ILCS 750/15.6)
    Sec. 15.6. Enhanced 9-1-1 service; business service.
    (a) After June 30, 2000, or within 18 months after enhanced
9-1-1 service becomes available, any entity that installs or
operates a private business switch service and provides
telecommunications facilities or services to businesses shall
assure that the system is connected to the public switched
network in a manner that calls to 9-1-1 result in automatic
number and location identification. For buildings having their
own street address and containing workspace of 40,000 square
feet or less, location identification shall include the
building's street address. For buildings having their own
street address and containing workspace of more than 40,000
square feet, location identification shall include the
building's street address and one distinct location
identification per 40,000 square feet of workspace. Separate
buildings containing workspace of 40,000 square feet or less
having a common public street address shall have a distinct
location identification for each building in addition to the
street address.
    (b) Exemptions. Buildings containing workspace of more
than 40,000 square feet are exempt from the multiple location
identification requirements of subsection (a) if the building
maintains, at all times, alternative and adequate means of
signaling and responding to emergencies. Those means shall
include, but not be limited to, a telephone system that
provides the physical location of 9-1-1 calls coming from
within the building. Health care facilities are presumed to
meet the requirements of this paragraph if the facilities are
staffed with medical or nursing personnel 24 hours per day and
if an alternative means of providing information about the
source of an emergency call exists. Buildings under this
exemption must provide 9-1-1 service that provides the
building's street address.
    Buildings containing workspace of more than 40,000 square
feet are exempt from subsection (a) if the building maintains,
at all times, alternative and adequate means of signaling and
responding to emergencies, including a telephone system that
provides the location of a 9-1-1 call coming from within the
building, and the building is serviced by its own medical, fire
and security personnel. Buildings under this exemption are
subject to emergency phone system certification by the
Administrator Illinois Commerce Commission.
    Buildings in communities not serviced by enhanced 9-1-1
service are exempt from subsection (a).
    Correctional institutions and facilities, as defined in
subsection (d) of Section 3-1-2 of the Unified Code of
Corrections, are exempt from subsection (a).
    (c) This Act does not apply to any PBX telephone extension
that uses radio transmissions to convey electrical signals
directly between the telephone extension and the serving PBX.
    (d) An entity that violates this Section is guilty of a
business offense and shall be fined not less than $1,000 and
not more than $5,000.
    (e) Nothing in this Section shall be construed to preclude
the Attorney General on behalf of the Department Commission or
on his or her own initiative, or any other interested person,
from seeking judicial relief, by mandamus, injunction, or
otherwise, to compel compliance with this Section.
    (f) The Department may Commission shall promulgate rules
for the administration of this Section no later than January 1,
2000.
(Source: P.A. 91-518, eff. 8-13-99; 92-16, eff. 6-28-01;
92-188, eff. 8-1-01.)
 
    (50 ILCS 750/15.6a new)
    Sec. 15.6a. Wireless emergency 9-1-1 service.
    (a) The digits "9-1-1" shall be the designated emergency
telephone number within the wireless system.
    (b) The Department may set non-discriminatory and 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 Department in this Section is limited to setting
standards as set forth herein and does not constitute authority
to regulate wireless carriers.
    (c) 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 Administrator in writing within 6
months after receiving its authority to operate a 9-1-1 system
under this Act. In addition, 2 or more emergency telephone
system boards or qualified governmental entities 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 that did not provide notice to the Illinois
Commerce Commission and the Department prior to January 1,
2016.
    (d) The Administrator, upon a request from a qualified
governmental entity or an emergency telephone system board and
with the advice and recommendation of the Statewide 9-1-1
Advisory 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 has
accepted wireless 9-1-1 responsibility. The Administrator
shall maintain a current list of all 9-1-1 systems and
qualified governmental entities providing wireless 9-1-1
service under this Act.
 
    (50 ILCS 750/15.6b new)
    Sec. 15.6b. Next Generation 9-1-1 service.
    (a) The Administrator, with the advice and recommendation
of the Statewide 9-1-1 Advisory Board, shall develop and
implement a plan for a statewide Next Generation 9-1-1 network.
The Next Generation 9-1-1 network must be an Internet
protocol-based platform that at a minimum provides:
        (1) improved 9-1-1 call delivery;
        (2) enhanced interoperability;
        (3) increased ease of communication between 9-1-1
    service providers, allowing immediate transfer of 9-1-1
    calls, caller information, photos, and other data
    statewide;
        (4) a hosted solution with redundancy built in; and
        (5) compliance with NENA Standards i3 Solution 08-003.
    (b) By July 1, 2016, the Administrator, with the advice and
recommendation of the Statewide 9-1-1 Advisory Board, shall
design and issue a competitive request for a proposal to secure
the services of a consultant to complete a feasibility study on
the implementation of a statewide Next Generation 9-1-1 network
in Illinois. By July 1, 2017, the consultant shall complete the
feasibility study and make recommendations as to the
appropriate procurement approach for developing a statewide
Next Generation 9-1-1 network.
    (c) Within 12 months of the final report from the
consultant under subsection (b) of this Section, the Department
shall procure and finalize a contract with a vendor certified
under Section 13-900 of the Public Utilities Act to establish a
statewide Next Generation 9-1-1 network. By July 1, 2020, the
vendor shall implement a Next Generation 9-1-1 network that
allows 9-1-1 systems providing 9-1-1 service to Illinois
residents to access the system utilizing their current
infrastructure if it meets the standards adopted by the
Department.
 
    (50 ILCS 750/15.7)
    Sec. 15.7. Compliance with certification of 9-1-1 system
providers by the Illinois Commerce Commission. In addition to
the requirements of this Act Section, all 9-1-1 system
providers must comply with the requirements of Section 13-900
of the Public Utilities Act.
(Source: P.A. 96-25, eff. 6-30-09.)
 
    (50 ILCS 750/15.8)
    Sec. 15.8. 9-1-1 dialing from a business.
    (a) Any entity that installs or operates a private business
switch service and provides telecommunications facilities or
services to businesses shall ensure that all systems installed
on or after July 1, 2015 (the effective date of Public Act
98-875) the effective date of this amendatory Act of the 98th
General Assembly are connected to the public switched network
in a manner such that when a user dials "9-1-1", the emergency
call connects to the 9-1-1 system without first dialing any
number or set of numbers.
    (b) The requirements of this Section do not apply to:
        (1) any entity certified by the Illinois Commerce
    Commission to operate a Private Emergency Answering Point
    as defined in 83 Ill. Adm. Code 726.105; or
        (2) correctional institutions and facilities as
    defined in subsection (d) of Section 3-1-2 of the Unified
    Code of Corrections.
    (c) An entity that violates this Section is guilty of a
business offense and shall be fined not less than $1,000 and
not more than $5,000.
(Source: P.A. 98-875, eff. 7-1-15.)
 
    (50 ILCS 750/20 new)
    Sec. 20. Statewide surcharge.
    (a) On and after January 1, 2016, and except with respect
to those customers who are subject to surcharges as provided in
Sections 15.3 and 15.3a of this Act, a monthly surcharge shall
be imposed on all customers of telecommunications carriers and
wireless carriers as follows:
        (1) Each telecommunications carrier shall impose a
    monthly surcharge of $0.87 per network connection;
    provided, however, the monthly surcharge shall not apply to
    a network connection provided for use with pay telephone
    services. 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 there shall be
    imposed 5 such surcharges per network connection for both
    regular service and advanced service provisioned trunk
    lines.
        (2) Each wireless carrier shall impose and collect a
    monthly surcharge of $0.87 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.
    (b) State and local taxes shall not apply to the surcharges
imposed under this Section.
    (c) The surcharges imposed by this Section shall be stated
as a separately stated item on subscriber bills.
    (d) 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. On and after July 1, 2022, the
wireless carrier collecting a surcharge under this Section
shall be entitled to deduct up to 3% of the gross amount of the
surcharge collected to reimburse the wireless carrier for the
expense of accounting and collecting the surcharge.
    (e) Surcharges imposed under this Section shall be
collected by the carriers and, within 30 days of collection,
remitted, either by check or electronic funds transfer, to the
Department for deposit into the Statewide 9-1-1 Fund. Carriers
are not required to remit surcharge moneys that are billed to
subscribers but not yet collected.
    The first remittance by wireless carriers shall include the
number of subscribers 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 Department shall determine
distributions from the Statewide 9-1-1 Fund. This information
shall be updated at least once each year. Any carrier that
fails to provide the zip code information required under this
subsection (e) shall be subject to the penalty set forth in
subsection (g) of this Section.
    (f) If, within 5 business days it is due under subsection
(e) of this Section, a carrier does not remit the surcharge or
any portion thereof required under this Section, then the
surcharge or portion thereof shall be deemed delinquent until
paid in full, and the Department may impose a penalty against
the carrier in an amount equal to the greater of:
        (1) $25 for each month or portion of a month from the
    time an amount becomes delinquent until the amount is paid
    in full; or
        (2) an amount equal to the product of 1% and the sum of
    all delinquent amounts for each month or portion of a month
    that the delinquent amounts remain unpaid.
    A penalty imposed in accordance with this subsection (f)
for a portion of a month during which the carrier pays the
delinquent amount in full shall be prorated for each day of
that month that the delinquent amount was paid in full. Any
penalty imposed under this subsection (f) is in addition to the
amount of the delinquency and is in addition to any other
penalty imposed under this Section.
    (g) If, within 5 business days after it is due, a wireless
carrier does not provide the number of subscribers by zip code
as required under subsection (e) of this Section, then the
report is deemed delinquent and the Department may impose a
penalty against the carrier in an amount equal to the greater
of:
        (1) $25 for each month or portion of a month that the
    report is delinquent; or
        (2) an amount equal to the product of $0.01 and the
    number of subscribers served by the carrier.
    A penalty imposed in accordance with this subsection (g)
for a portion of a month during which the carrier provides the
number of subscribers by zip code as required under subsection
(e) of this Section shall be prorated for each day of that
month during which the carrier had not provided the number of
subscribers by zip code as required under subsection (e) of
this Section. Any penalty imposed under this subsection (g) is
in addition to any other penalty imposed under this Section.
    (h) A penalty imposed and collected in accordance with
subsection (f) or (g) of this Section shall be deposited into
the Statewide 9-1-1 Fund for distribution according to Section
30 of this Act.
    (i) The Department may enforce the collection of any
delinquent amount and any penalty due and unpaid under this
Section by legal action or in any other manner by which the
collection of debts due the State of Illinois may be enforced
under the laws of this State. The Department may excuse the
payment of any penalty imposed under this Section if the
Administrator determines that the enforcement of this penalty
is unjust.
    (j) 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 wireless subscribers by
line-item charges on the wireless subscriber'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, E9-1-1.
 
    (50 ILCS 750/30 new)
    Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
    (a) A special fund in the State treasury known as the
Wireless Service Emergency Fund shall be renamed the Statewide
9-1-1 Fund. Any appropriations made from the Wireless Service
Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
The Fund shall consist of the following:
        (1) 9-1-1 wireless surcharges assessed under the
    Wireless Emergency Telephone Safety Act.
        (2) 9-1-1 surcharges assessed under Section 20 of this
    Act.
        (3) Prepaid wireless 9-1-1 surcharges assessed under
    Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
        (4) Any appropriations, grants, or gifts made to the
    Fund.
        (5) Any income from interest, premiums, gains, or other
    earnings on moneys in the Fund.
        (6) Money from any other source that is deposited in or
    transferred to the Fund.
    (b) Subject to appropriation, the Department shall
distribute the 9-1-1 surcharges monthly as follows:
        (1) From each surcharge collected and remitted under
    Section 20 of this Act:
            (A) $0.013 shall be distributed monthly in equal
        amounts to each County Emergency Telephone System
        Board or qualified governmental entity in counties
        with a population under 100,000 according to the most
        recent census data which is authorized to serve as a
        primary wireless 9-1-1 public safety answering point
        for the county and to provide wireless 9-1-1 service as
        prescribed by subsection (b) of Section 15.6a of this
        Act, and which does provide such service.
            (B) $0.033 shall be transferred by the Comptroller
        at the direction of the Department to the Wireless
        Carrier Reimbursement Fund until June 30, 2017; from
        July 1, 2017 through June 30, 2018, $0.026 shall be
        transferred; from July 1, 2018 through June 30, 2019,
        $0.020 shall be transferred; from July 1, 2019, through
        June 30, 2020, $0.013 shall be transferred; from July
        1, 2020 through June 30, 2021, $0.007 will be
        transferred; and after June 30, 2021, no transfer shall
        be made to the Wireless Carrier Reimbursement Fund.
            (C) $0.007 shall be used to cover the Department's
        administrative costs.
        (2) After disbursements under paragraph (1) of this
    subsection (b), all remaining funds in the Statewide 9-1-1
    Fund shall be disbursed in the following priority order:
            (A) The Fund will pay monthly to:
                (i) the 9-1-1 Authorities that imposed
            surcharges under Section 15.3 of this Act and were
            required to report to the Illinois Commerce
            Commission under Section 27 of the Wireless
            Emergency Telephone Safety Act on October 1, 2014,
            except a 9-1-1 Authority in a municipality with a
            population in excess of 500,000, an amount equal to
            the average monthly wireline and VoIP surcharge
            revenue attributable to the most recent 12-month
            period reported to the Department under that
            Section for the October 1, 2014 filing, subject to
            the power of the Department to investigate the
            amount reported and adjust the number by order
            under Article X of the Public Utilities Act, so
            that the monthly amount paid under this item
            accurately reflects one-twelfth of the aggregate
            wireline and VoIP surcharge revenue properly
            attributable to the most recent 12-month period
            reported to the Commission; or
                (ii) county qualified governmental entities
            that did not impose a surcharge under Section 15.3
            as of December 31, 2015, and counties that did not
            impose a surcharge as of June 30, 2015, an amount
            equivalent to their population multiplied by .37
            multiplied by the rate of $0.69; counties that are
            not county qualified governmental entities and
            that did not impose a surcharge as of December 31,
            2015, shall not begin to receive the payment
            provided for in this subsection until E9-1-1 and
            wireless E9-1-1 services are provided within their
            counties; or
                (iii) counties without 9-1-1 service that had
            a surcharge in place by December 31, 2015, an
            amount equivalent to their population multiplied
            by .37 multiplied by their surcharge rate as
            established by the referendum.
            (B) All 9-1-1 network costs for systems outside of
        municipalities with a population of at least 500,000
        shall be paid by the Department directly to the
        vendors.
            (C) All expenses incurred by the Administrator and
        the Statewide 9-1-1 Advisory Board and costs
        associated with procurement under Section 15.6b
        including requests for information and requests for
        proposals.
            (D) Funds may be held in reserve by the Statewide
        9-1-1 Advisory Board and disbursed by the Department
        for grants under Sections 15.4a, 15.4b, and for NG9-1-1
        expenses up to $12.5 million per year in State fiscal
        years 2016 and 2017; up to $13.5 million in State
        fiscal year 2018; up to $14.4 million in State fiscal
        year 2019; up to $15.3 million in State fiscal year
        2020; up to $16.2 million in State fiscal year 2021; up
        to $23.1 million in State fiscal year 2022; and up to
        $17.0 million per year for State fiscal year 2023 and
        each year thereafter.
            (E) All remaining funds per remit month shall be
        used to make monthly proportional grants to the
        appropriate 9-1-1 Authority currently taking wireless
        9-1-1 based upon the United States Postal Zip Code of
        the billing addresses of subscribers of wireless
        carriers.
    (c) The moneys deposited into the Statewide 9-1-1 Fund
under this Section shall not be subject to administrative
charges or chargebacks unless otherwise authorized by this Act.
    (d) Whenever two or more 9-1-1 Authorities consolidate, the
resulting Joint Emergency Telephone System Board shall be
entitled to the monthly payments that had theretofore been made
to each consolidating 9-1-1 Authority. Any reserves held by any
consolidating 9-1-1 Authority shall be transferred to the
resulting Joint Emergency Telephone System Board. Whenever a
county that has no 9-1-1 service as of January 1, 2016 enters
into an agreement to consolidate to create or join a Joint
Emergency Telephone System Board, the Joint Emergency
Telephone System Board shall be entitled to the monthly
payments that would have otherwise been paid to the county if
it had provided 9-1-1 service.
 
    (50 ILCS 750/35 new)
    Sec. 35. 9-1-1 surcharge; allowable expenditures. Except
as otherwise provided in this Act, expenditures from surcharge
revenues received under this Act may be made by municipalities,
counties, and 9-1-1 Authorities 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 database, and update and maintenance thereof.
        (3) The repayment of any moneys 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.
        (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) The defraying of expenses incurred to implement
    Next Generation 9-1-1, subject to the conditions set forth
    in this Act.
        (9) The implementation of a computer aided dispatch
    system or hosted supplemental 9-1-1 services.
        (10) The design, implementation, operation,
    maintenance, or upgrade of wireless 9-1-1 or E9-1-1
    emergency services and public safety answering points.
    Moneys in the Statewide 9-1-1 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.
    In the case of a municipality with a population over
500,000, 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.
 
    (50 ILCS 750/40 new)
    Sec. 40. Financial reports.
    (a) The Department shall create uniform accounting
procedures, with such modification as may be required to give
effect to statutory provisions applicable only to
municipalities with a population in excess of 500,000, that any
emergency telephone system board, qualified governmental
entity, or unit of local government receiving surcharge money
pursuant to Section 15.3, 15.3a, or 30 of this Act must follow.
    (b) By October 1, 2016, and every October 1 thereafter,
each emergency telephone system board, qualified governmental
entity, or unit of local government receiving surcharge money
pursuant to Section 15.3, 15.3a, or 30 shall report to the
Department audited financial statements showing total revenue
and expenditures for the previous fiscal year in a form and
manner as prescribed by the Department. Such financial
information shall include:
        (1) a detailed summary of revenue from all sources
    including, but not limited to, local, State, federal, and
    private revenues, and any other funds received;
        (2) operating expenses, capital expenditures, and cash
    balances; and
        (3) such other financial information that is relevant
    to the provision of 9-1-1 services as determined by the
    Department.
    The emergency telephone system board, qualified
governmental entity, or unit of local government is responsible
for any costs associated with auditing such financial
statements. The Department shall post the audited financial
statements on the Department's website.
    (c) Along with its audited financial statement, each
emergency telephone system board, qualified governmental
entity, or unit of local government receiving a grant under
Section 15.4b of this Act shall include a report of the amount
of grant moneys received and how the grant moneys were used. In
case of a conflict between this requirement and the Grant
Accountability and Transparency Act, or with the rules of the
Governor's Office of Management and Budget adopted thereunder,
that Act and those rules shall control.
    (d) If an emergency telephone system board or qualified
governmental entity that receives funds from the Statewide
9-1-1 Fund fails to file the 9-1-1 system financial reports as
required under this Section, the Department shall suspend and
withhold monthly disbursements otherwise due to the emergency
telephone system board or qualified governmental entity under
Section 30 of this Act until the report is filed.
    Any monthly disbursements that have been withheld for 12
months or more shall be forfeited by the emergency telephone
system board or qualified governmental entity and shall be
distributed proportionally by the Department to compliant
emergency telephone system boards and qualified governmental
entities that receive funds from the Statewide 9-1-1 Fund.
    Any emergency telephone system board or qualified
governmental entity not in compliance with this Section shall
be ineligible to receive any consolidation grant or
infrastructure grant issued under this Act.
    (e) The Department may adopt emergency rules necessary to
implement the provisions of this Section.
 
    (50 ILCS 750/45 new)
    Sec. 45. Wireless Carrier Reimbursement Fund.
    (a) A special fund in the State treasury known as the
Wireless Carrier Reimbursement Fund, which was created
previously under Section 30 of the Wireless Emergency Telephone
Safety Act, shall continue in existence without interruption
notwithstanding the repeal of that Act. Moneys in the Wireless
Carrier Reimbursement Fund may be used, subject to
appropriation, only (i) to reimburse wireless carriers for all
of their costs incurred in complying with the applicable
provisions of Federal Communications Commission wireless
enhanced 9-1-1 service mandates, and (ii) to pay the reasonable
and necessary costs of the Illinois Commerce Commission in
exercising its rights, duties, powers, and functions under this
Act. This reimbursement to wireless carriers may include, but
need not be limited to, the cost of designing, upgrading,
purchasing, leasing, programming, installing, testing, and
maintaining necessary data, hardware, and software and
associated operating and administrative costs and overhead.
    (b) 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, or (ii) costs with respect to any wireless enhanced
9-1-1 service that is not operable at the time the invoice is
submitted.
    (c) 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.
    (d) 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.
    (e) 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.
    (f) The Illinois Commerce Commission must annually review
the balance in the Wireless Carrier Reimbursement Fund as of
June 30 of each year and shall direct the Comptroller to
transfer into the Statewide 9-1-1 Fund for distribution in
accordance with subsection (b) of Section 30 of this Act any
amount in excess of outstanding invoices as of June 30 of each
year.
    (g) The Illinois Commerce Commission shall adopt rules to
govern the reimbursement process.
 
    (50 ILCS 750/50 new)
    Sec. 50. Fund audits. The Auditor General shall conduct as
a part of its bi-annual audit, an audit of the Statewide 9-1-1
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 detailed records of all receipts and
    disbursements from the Statewide 9-1-1 Fund and the
    Wireless Carrier Reimbursement Fund are being maintained.
        (2) Whether administrative costs charged to the funds
    are adequately documented and are reasonable.
        (3) Whether the procedures for making disbursements
    and grants and providing reimbursements in accordance with
    the Act are adequate.
        (4) The status of the implementation of statewide 9-1-1
    service and Next Generation 9-1-1 service in Illinois.
    The Illinois Commerce 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.
 
    (50 ILCS 750/55 new)
    Sec. 55. Public disclosure. Because of the highly
competitive nature of the wireless telephone industry, public
disclosure of information about surcharge moneys paid by
wireless carriers could have the effect of stifling competition
to the detriment of the public and the delivery of wireless
9-1-1 services. Therefore, the Illinois Commerce Commission,
the Department of State Police, governmental agencies, and
individuals with access to that information shall take
appropriate steps to prevent public disclosure of this
information. Information and data supporting the amount and
distribution of surcharge moneys collected and remitted by an
individual wireless carrier shall be deemed exempt information
for purposes of the Freedom of Information Act and shall not be
publicly disclosed. The gross amount paid by all carriers shall
not be deemed exempt and may be publicly disclosed.
 
    (50 ILCS 750/60 new)
    Sec. 60. Interconnected VoIP providers. Interconnected
VoIP providers in Illinois shall be subject in a competitively
neutral manner to the same provisions of this Act as are
provided for telecommunications carriers. Interconnected VoIP
services shall not be considered an intrastate
telecommunications service for the purposes of this Act in a
manner inconsistent with federal law or Federal Communications
Commission regulation.
 
    (50 ILCS 750/2.01 rep.)
    (50 ILCS 750/2.02 rep.)
    (50 ILCS 750/2.03 rep.)
    (50 ILCS 750/2.04 rep.)
    (50 ILCS 750/2.05 rep.)
    (50 ILCS 750/2.06 rep.)
    (50 ILCS 750/2.06a rep.)
    (50 ILCS 750/2.07 rep.)
    (50 ILCS 750/2.08 rep.)
    (50 ILCS 750/2.09 rep.)
    (50 ILCS 750/2.10 rep.)
    (50 ILCS 750/2.11 rep.)
    (50 ILCS 750/2.12 rep.)
    (50 ILCS 750/2.13 rep.)
    (50 ILCS 750/2.14 rep.)
    (50 ILCS 750/2.15 rep.)
    (50 ILCS 750/2.16 rep.)
    (50 ILCS 750/2.17 rep.)
    (50 ILCS 750/2.18 rep.)
    (50 ILCS 750/2.19 rep.)
    (50 ILCS 750/2.20 rep.)
    (50 ILCS 750/2.21 rep.)
    (50 ILCS 750/2.22 rep.)
    (50 ILCS 750/2.23 rep.)
    (50 ILCS 750/2.24 rep.)
    (50 ILCS 750/2.25 rep.)
    (50 ILCS 750/2.26 rep.)
    (50 ILCS 750/2.27 rep.)
    (50 ILCS 750/2.28 rep.)
    (50 ILCS 750/9 rep.)
    Section 2-15. The Emergency Telephone System Act is amended
by repealing Sections 2.01, 2.02, 2.03, 2.04, 2.05, 2.06,
2.06a, 2.07, 2.08, 2.09, 2.10, 2.11, 2.12, 2.13, 2.14, 2.15,
2.16, 2.17, 2.18, 2.19, 2.20, 2.21, 2.22, 2.23, 2.24, 2.25,
2.26, 2.27, 2.28, and 9.
 
    Section 2-25. The Prepaid Wireless 9-1-1 Surcharge Act is
amended by changing Section 20 as follows:
 
    (50 ILCS 753/20)
    Sec. 20. Administration of prepaid wireless 9-1-1
surcharge.
    (a) In the administration and enforcement of this Act, the
provisions of Sections 2a, 2b, 2c, 3, 4, 5, 5a, 5b, 5c, 5d, 5e,
5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, and 12 of the
Retailers' Occupation Tax Act that are not inconsistent with
this Act, and Section 3-7 of the Uniform Penalty and Interest
Act shall apply, as far as practicable, to the subject matter
of this Act to the same extent as if those provisions were
included in this Act. References to "taxes" in these
incorporated Sections shall be construed to apply to the
administration, payment, and remittance of all surcharges
under this Act. The Department shall establish registration and
payment procedures that substantially coincide with the
registration and payment procedures that apply to the
Retailers' Occupation Tax Act.
    (b) A For the first 12 months after the effective date of
this Act, a seller shall be permitted to deduct and retain 5%
of prepaid wireless 9-1-1 surcharges that are collected by the
seller from consumers and that are remitted and timely filed
with the Department. After the first 12 months, a seller shall
be permitted to deduct and retain 3% of prepaid wireless 9-1-1
surcharges that are collected by the seller from consumers and
that are remitted and timely filed with the Department.
    (c) Other than the amounts for deposit into the Municipal
Wireless Service Emergency Fund, the Department shall pay to
the State Treasurer all prepaid wireless E911 charges, and
penalties, and interest collected under this Act for deposit
into the Statewide 9-1-1 Fund Wireless Service Emergency Fund.
On or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
amount available to the Department of State Police Illinois
Commerce Commission for distribution out of the Statewide 9-1-1
Fund Wireless Service Emergency Fund. The amount certified
shall be the amount (not including credit memoranda) collected
during the second preceding calendar month by the Department
plus an amount the Department determines is necessary to offset
any amounts which were erroneously paid to a different taxing
body. The amount paid to the Statewide 9-1-1 Fund Wireless
Service Emergency Fund shall not include any amount equal to
the amount of refunds made during the second preceding calendar
month by the Department of Revenue to retailers under this Act
or any amount that the Department determines is necessary to
offset any amounts which were payable to a different taxing
body but were erroneously paid to the Statewide 9-1-1 Fund
Wireless Service Emergency Fund. The Department of State Police
Illinois Commerce Commission shall distribute the funds in the
same proportion as they are distributed under the Wireless
Emergency Telephone Safety Act and the funds may only be used
in accordance with Section 30 the provisions of the Wireless
Emergency Telephone Safety Act. The Department may deduct an
amount, not to exceed 3% during the first year following the
effective date of this Act and not to exceed 2% during every
year thereafter of remitted charges, to be transferred into the
Tax Compliance and Administration Fund to reimburse the
Department for its direct costs of administering the collection
and remittance of prepaid wireless 9-1-1 surcharges.
    (d) The Department shall administer the collection of all
9-1-1 surcharges and may adopt and enforce reasonable rules
relating to the administration and enforcement of the
provisions of this Act as may be deemed expedient. The
Department shall require all surcharges collected under this
Act to be reported on existing forms or combined forms,
including, but not limited to, Form ST-1. Any overpayments
received by the Department for liabilities reported on existing
or combined returns shall be applied as an overpayment of
retailers' occupation tax, use tax, service occupation tax, or
service use tax liability.
    (e) If a home rule municipality having a population in
excess of 500,000 as of the effective date of this amendatory
Act of the 97th General Assembly imposes an E911 surcharge
under subsection (a-5) of Section 15 of this Act, then the
Department shall pay to the State Treasurer all prepaid
wireless E911 charges, penalties, and interest collected for
deposit into the Municipal Wireless Service Emergency Fund. All
deposits into the Municipal Wireless Service Emergency Fund
shall be held by the State Treasurer as ex officio custodian
apart from all public moneys or funds of this State. Any
interest attributable to moneys in the Fund must be deposited
into the Fund. Moneys in the Municipal Wireless Service
Emergency Fund are not subject to appropriation. On or before
the 25th day of each calendar month, the Department shall
prepare and certify to the Comptroller the amount available for
disbursement to the home rule municipality out of the Municipal
Wireless Service Emergency Fund. The amount to be paid to the
Municipal Wireless Service Emergency Fund shall be the amount
(not including credit memoranda) collected during the second
preceding calendar month by the Department plus an amount the
Department determines is necessary to offset any amounts which
were erroneously paid to a different taxing body. The amount
paid to the Municipal Wireless Service Emergency Fund shall not
include any amount equal to the amount of refunds made during
the second preceding calendar month by the Department to
retailers under this Act or any amount that the Department
determines is necessary to offset any amounts which were
payable to a different taxing body but were erroneously paid to
the Municipal Wireless Service Emergency Fund. Within 10 days
after receipt by the Comptroller of the certification provided
for in this subsection, the Comptroller shall cause the orders
to be drawn for the respective amounts in accordance with the
directions in the certification. The Department may deduct an
amount, not to exceed 3% during the first year following the
effective date of this amendatory Act of the 97th General
Assembly and not to exceed 2% during every year thereafter of
remitted charges, to be transferred into the Tax Compliance and
Administration Fund to reimburse the Department for its direct
costs of administering the collection and remittance of prepaid
wireless 9-1-1 surcharges.
(Source: P.A. 97-463, eff. 1-1-12; 97-748, eff. 7-6-12.)
 
ARTICLE III

 
    Section 3-99. Effective date. This Act takes effect upon
becoming law, except that Article II of this Act takes effect
on January 1, 2016.