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Public Act 095-0698
Public Act 0698 95TH GENERAL ASSEMBLY
|
Public Act 095-0698 |
SB0837 Enrolled |
LRB095 05548 HLH 25638 b |
|
| AN ACT concerning local government.
| Be it enacted by the People of the State of Illinois, | represented in the General Assembly:
| Section 5. The Emergency Telephone System Act is amended by | changing Sections 15.3 and 15.4 as follows:
| (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
| Sec. 15.3. Surcharge.
| (a) The corporate authorities of any municipality or any
| county may, subject to the limitations of subsections (c), (d), | and (h),
and in addition to any tax levied pursuant to the | Simplified Municipal
Telecommunications Tax Act, impose a | monthly surcharge on billed subscribers
of network connection | provided by telecommunication carriers engaged in the
business | of transmitting messages by means of electricity originating | within
the corporate limits of the municipality or county | imposing the surcharge at
a rate per network connection | determined in accordance with subsection (c).
Provided, | however, that where multiple voice grade communications | channels
are connected between the subscriber's premises and a | public switched network
through private branch exchange (PBX) | or centrex type service, a municipality
imposing a surcharge at | a rate per network connection, as determined in
accordance with | this Act, shall impose 5 such surcharges per network
|
| connection, as determined in accordance with subsections (a) | and (d) of
Section 2.12 of this Act.
For mobile | telecommunications services, if a surcharge is imposed it shall | be
imposed based upon the municipality or county that | encompasses the customer's
place of primary use as defined in | the Mobile Telecommunications Sourcing
Conformity Act. A | municipality may enter into an intergovernmental
agreement | with any county in which it is partially located, when the | county
has adopted an ordinance to impose a surcharge as | provided in subsection
(c), to include that portion of the | municipality lying outside the county
in that county's | surcharge referendum. If the county's surcharge
referendum is | approved, the portion of the municipality identified in the
| intergovernmental agreement shall automatically be | disconnected from the
county in which it lies and connected to | the county which approved the
referendum for purposes of a | surcharge on telecommunications carriers.
| (b) For purposes of computing the surcharge imposed by | subsection (a),
the network connections to which the surcharge | shall apply shall be those
in-service network connections, | other than those network connections
assigned to the | municipality or county, where the service address for each
such | network connection or connections is located within the | corporate
limits of the municipality or county levying the | surcharge. Except for mobile
telecommunication services, the | "service address" shall mean the location of
the primary use of |
| the network connection or connections. For mobile
| telecommunication services, "service address" means the | customer's place of
primary use as defined in the Mobile | Telecommunications Sourcing Conformity
Act. With respect to | network connections provided for
use with pay telephone | services for which there is no billed subscriber,
the | telecommunications carrier providing the network connection | shall be
deemed to be its own billed subscriber for purposes of | applying the surcharge.
| (c) Upon the passage of an ordinance to impose a surcharge | under this
Section the clerk of the municipality or county | shall certify the question
of whether the surcharge may be | imposed to the proper election authority
who shall submit the | public question to the electors of the municipality or
county | in accordance with the general election law; provided that such
| question shall not be submitted at a consolidated primary | election. The
public question shall be in substantially the | following form:
| -------------------------------------------------------------
| Shall the county (or city, village
| or incorporated town) of ..... impose YES
| a surcharge of up to ...˘ per month per
| network connection, which surcharge will
| be added to the monthly bill you receive ------------------
| for telephone or telecommunications
| charges, for the purpose of installing
|
| (or improving) a 9-1-1 Emergency NO
| Telephone System?
| -------------------------------------------------------------
| If a majority of the votes cast upon the public question | are in favor
thereof, the surcharge shall be imposed.
| However, if a Joint Emergency Telephone System Board is to | be created
pursuant to an intergovernmental agreement under | Section 15.4, the
ordinance to impose the surcharge shall be | subject to the approval of a
majority of the total number of | votes cast upon the public question by the
electors of all of | the municipalities or counties, or combination thereof,
that | are parties to the intergovernmental agreement.
| The referendum requirement of this subsection (c) shall not | apply
to any municipality with a population over 500,000 or to | any
county in which a proposition as to whether a sophisticated | 9-1-1 Emergency
Telephone System should be installed in the | county, at a cost not to
exceed a specified monthly amount per | network connection, has previously
been approved by a majority | of the electors of the county voting on the
proposition at an | election conducted before the effective date of this
amendatory | Act of 1987.
| (d) A county may not impose a surcharge, unless requested | by a
municipality, in any incorporated area which has | previously approved a
surcharge as provided in subsection (c) | or in any incorporated area where
the corporate authorities of | the municipality have previously entered into
a binding |
| contract or letter of intent with a telecommunications carrier | to
provide sophisticated 9-1-1 service through municipal | funds.
| (e) A municipality or county may at any time by ordinance | change the
rate of the surcharge imposed under this Section if | the new rate does not
exceed the rate specified in the | referendum held pursuant to subsection (c).
| (f) The surcharge authorized by this Section shall be | collected from
the subscriber by the telecommunications | carrier providing the subscriber
the network connection as a | separately stated item on the subscriber's bill.
| (g) The amount of surcharge collected by the | telecommunications carrier
shall be paid to the particular | municipality or county or Joint Emergency
Telephone System | Board not later than 30 days after the surcharge is
collected, | net of any network or other 9-1-1 or sophisticated 9-1-1 system
| charges then due the particular telecommunications carrier, as | shown on an
itemized bill. The telecommunications carrier | collecting the surcharge
shall also be entitled to deduct 3% of | the gross amount of surcharge
collected to reimburse the | telecommunications carrier for the expense of
accounting and | collecting the surcharge.
| (h) Except as expressly provided in subsection (a) of this | Section, a
municipality with a population over 500,000 may not | impose a
monthly surcharge in excess of $2.50
$1.25 per network | connection.
|
| (i) Any municipality or county or joint emergency telephone | system
board that has imposed a surcharge pursuant to this | Section prior to the
effective date of this amendatory Act of | 1990 shall hereafter impose the
surcharge in accordance with | subsection (b) of this Section.
| (j) The corporate authorities of any municipality or county | may issue,
in accordance with Illinois law, bonds, notes or | other obligations secured
in whole or in part by the proceeds | of the surcharge described in this
Section. Notwithstanding any | change in law subsequent to the issuance of
any bonds, notes or | other obligations secured by the surcharge, every
municipality | or county issuing such bonds, notes or other obligations shall
| be authorized to impose the surcharge as though the laws | relating to the
imposition of the surcharge in effect at the | time of issuance of the
bonds, notes or other obligations were | in full force and effect until the
bonds, notes or other | obligations are paid in full.
The State of Illinois pledges and | agrees that it will not limit or alter
the rights and powers | vested in municipalities and counties by this Section
to impose | the surcharge so as to impair the terms of or affect the
| security for bonds, notes or other obligations secured in whole | or in part
with the proceeds of the surcharge described in this | Section.
| (k) Any surcharge collected by or imposed on a | telecommunications
carrier pursuant to this Section shall be | held to be a special fund in
trust for the municipality, county |
| or Joint Emergency Telephone Board
imposing the surcharge. | Except for the 3% deduction provided in subsection
(g) above, | the special fund shall not be subject to the claims of
| creditors of the telecommunication carrier.
| (Source: P.A. 92-474, eff. 8-1-02; 92-526, eff. 1-1-03; 92-557, | eff. 1-1-03;
revised 10-2-02.)
| (50 ILCS 750/15.4) (from Ch. 134, par. 45.4)
| Sec. 15.4. Emergency Telephone System Board; powers.
| (a) The corporate authorities of any county or municipality
| that imposes a surcharge under Section 15.3 shall establish an | Emergency
Telephone System Board. The corporate authorities | shall provide for the
manner of appointment and the number of | members of the Board, provided that
the board shall consist of | not fewer than 5 members, one of whom
must be a
public member | who is a resident of the local exchange service territory
| included in the 9-1-1 coverage area, one of whom (in counties | with a
population less than 100,000) must be a member of the | county
board, and
at least 3 of whom shall be representative of | the 9-1-1 public safety agencies,
including but not limited to | police departments, fire departments, emergency
medical | services providers, and emergency services and disaster | agencies, and
appointed on the basis of their ability or | experience. Elected officials are
also eligible to serve on the | board. Members of the board shall serve without
compensation | but shall be reimbursed for their actual and necessary
|
| expenses. Any 2 or more municipalities, counties, or | combination thereof,
that impose a surcharge under Section 15.3 | may, instead of establishing
individual boards, establish by | intergovernmental agreement a Joint
Emergency Telephone System | Board pursuant to this Section. The manner of
appointment of | such a joint board shall be prescribed in the agreement.
| (b) The powers and duties of the board shall be defined by | ordinance
of the municipality or county, or by | intergovernmental agreement in the
case of a joint board. The | powers and duties shall include, but need not
be limited to the | following:
| (1) Planning a 9-1-1 system.
| (2) Coordinating and supervising the implementation, | upgrading, or
maintenance of the system, including the | establishment of equipment
specifications and coding | systems.
| (3) Receiving moneys
monies from the surcharge imposed | under Section 15.3, and
from any other source, for deposit | into the Emergency Telephone System Fund.
| (4) Authorizing all disbursements from the fund.
| (5) Hiring any staff necessary for the implementation | or upgrade of the
system.
| (c) All moneys
monies received by a board pursuant to a | surcharge imposed under
Section 15.3 shall be deposited into a | separate interest-bearing
Emergency Telephone System Fund | account. The treasurer of the municipality or
county that has |
| established the board or, in the case of a joint board, any
| municipal or county treasurer designated in the | intergovernmental agreement,
shall be custodian of the fund. | All interest accruing on the fund shall remain
in the fund. No | expenditures may be made from such fund except upon the
| direction of the board by resolution passed by a majority of | all members of the
board. Expenditures may be made only to pay | for the costs associated with the
following:
| (1) The design of the Emergency Telephone System.
| (2) The coding of an initial Master Street Address | Guide data base, and
update and maintenance thereof.
| (3) The repayment of any moneys
monies advanced for the | implementation of
the system.
| (4) The charges for Automatic Number Identification | and Automatic
Location Identification equipment,
a | computer aided dispatch system that records, maintains, | and integrates
information,
mobile data transmitters | equipped with
automatic vehicle locators, and maintenance, | replacement and
update thereof
to increase operational | efficiency and improve the provision of emergency
| services.
| (5) The non-recurring charges related to installation | of the Emergency
Telephone System and the ongoing network | charges.
| (6) The acquisition and installation, or the | reimbursement of costs
therefor to other governmental |
| bodies that have incurred those costs, of road
or street | signs that are essential to the implementation of the | emergency
telephone system and that are not duplicative of | signs that are the
responsibility of the jurisdiction | charged with maintaining road and street
signs.
| (7) Other products and services necessary for the | implementation,
upgrade, and maintenance of the system and | any other purpose related to the
operation of
the system, | including costs attributable directly to the construction, | leasing,
or maintenance of any buildings or facilities or | costs of personnel
attributable directly to the operation | of the system. Costs attributable
directly to the operation | of an emergency telephone system do not include the
costs | of public safety agency personnel who are and equipment | that is
dispatched in response to an emergency call. | (8) In the case of a municipality that imposes a | surcharge under subsection (h) of Section 15.3, moneys may | also be used for any anti-terrorism or emergency | preparedness measures, including, but not limited to, | preparedness planning, providing local matching funds for | federal or State grants, personnel training, and | specialized equipment, including surveillance cameras as | needed to deal with natural and terrorist-inspired | emergency situations or events.
| Moneys in the fund may also be transferred to a | participating fire protection district to reimburse volunteer |
| firefighters who man remote telephone switching facilities | when dedicated 9-1-1 lines are down.
| (d) The board shall complete the data base before | implementation of the
9-1-1 system. The error ratio of the data | base shall not at any time
exceed 1% of the total data base.
| (Source: P.A. 92-202, eff. 1-1-02.)
| Section 10. The Wireless Emergency Telephone Safety Act is | amended by changing Sections 15, 17, 25, 35, 45, and 70 as | follows:
| (50 ILCS 751/15)
| (Section scheduled to be repealed on April 1, 2008)
| Sec. 15. Wireless emergency 9-1-1 service. The digits | "9-1-1" shall be
the designated emergency telephone number | within the wireless system.
| (a) Standards.
The Illinois Commerce Commission may set | non-discriminatory, uniform
technical and operational | standards consistent with the rules of the Federal
| Communications Commission for directing calls to authorized | public safety
answering points. These standards shall not in | any way prescribe the
technology or manner a wireless carrier | shall use to deliver wireless 9-1-1 or
wireless E9-1-1 calls | and these standards shall not exceed the requirements set
by | the Federal Communications Commission. However, standards for | directing
calls to the authorized public safety answering point |
| shall be included. The
authority given to the Illinois Commerce | Commission in this Section is limited
to setting standards as | set forth herein and does not constitute authority to
regulate | wireless carriers.
| (b) Wireless public safety answering points.
For the | purpose of providing wireless 9-1-1 emergency services, an | emergency
telephone system board or, in the absence of an | emergency telephone system
board, a qualified governmental | entity may declare its intention for one or
more of its public | safety answering points to serve as a primary wireless 9-1-1
| public safety answering point for its jurisdiction by notifying | the Chief Clerk
of the Illinois Commerce Commission and the | Director of State Police in writing
within 6 months after the | effective date of this Act or within 6 months after
receiving | its authority to operate a 9-1-1 system under the Emergency | Telephone
System Act, whichever is later. In addition, 2 or | more emergency telephone
system boards or
qualified units of | local government may, by virtue of an intergovernmental
| agreement, provide wireless 9-1-1 service. The Department of | State Police
shall be the primary wireless 9-1-1 public safety | answering point for any
jurisdiction not providing notice to | the Commission and the Department of State
Police. Nothing in | this Act shall require the provision of wireless enhanced
9-1-1 | services.
| The Illinois Commerce Commission, upon a joint request from | the Department of
State Police and a qualified
governmental |
| entity or an emergency telephone system board, may grant
| authority to the
emergency telephone system board or a | qualified governmental entity to provide
wireless
9-1-1 | service in areas for which the Department of State Police has | accepted
wireless 9-1-1
responsibility. The Illinois Commerce | Commission shall maintain a current list
of all 9-1-1
systems | and qualified governmental entities providing wireless 9-1-1 | service
under this Act.
| Any emergency telephone system board or qualified | governmental entity
providing
wireless 9-1-1 service prior to | the effective date of this Act
may continue to
operate upon | notification as previously described in this Section. An
| emergency
telephone system
board or a qualified governmental | entity shall submit, with its notification,
the date
upon which | it commenced operating.
| (c) Wireless Enhanced 9-1-1 Board. The Wireless Enhanced | 9-1-1 Board is
created. The Board consists of 7
members
| appointed by the Governor with the advice and consent of the | Senate.
It is recommended that the Governor appoint members | from the following: the
Illinois Chapter of the National | Emergency Numbers Association, the Illinois
State Police, law | enforcement
agencies, the wireless telecommunications | industry, an emergency
telephone system board in Cook County | (outside the City of
Chicago), an emergency telephone system | board in
the Metro-east area,
and an emergency telephone system | board in the
collar counties (Lake, McHenry, DuPage, Kane, and |
| Will
counties). Members of the Board
may not receive any | compensation but may, however, be reimbursed for any
necessary | expenditure in connection with their duties.
| Except as provided in Section 45, the Wireless Enhanced | 9-1-1 Board shall
set the amount of the monthly wireless | surcharge required to be imposed under
Section 17 on all | wireless subscribers in this State.
Prior to the Wireless | Enhanced 9-1-1 Board setting any surcharge, the Board
shall
| publish the proposed surcharge in the Illinois Register, hold | hearings on the
surcharge
and the requirements for an efficient | wireless emergency number system, and
elicit
public comment. | The Board shall determine the minimum cost necessary for
| implementation of this system and the amount of revenue | produced based upon the
number of wireless telephones in use. | The Board shall set the surcharge at the
minimum
amount | necessary to achieve the goals of the Act and shall, by July 1, | 2000,
file this
information with the Governor, the Clerk of the | House, and the Secretary of the
Senate.
The surcharge may not | be more than $0.75 per month per CMRS connection.
| The Wireless Enhanced 9-1-1 Board shall report to the | General Assembly by
July 1, 2000 on implementing wireless | non-emergency services for the
purpose of public safety using | the digits 3-1-1. The Board shall consider the
delivery of | 3-1-1 services in a 6 county area, including rural Cook County
| (outside of the City of Chicago), and DuPage, Lake, McHenry, | Will, and Kane
Counties, as well as counties outside of this |
| area by an emergency telephone
system board, a qualified | governmental entity, or private industry. The Board,
upon | completion of all its duties required under this Act, is | dissolved.
| (Source: P.A. 91-660, eff. 12-22-99 .)
| (50 ILCS 751/17)
| (Section scheduled to be repealed on April 1, 2008)
| Sec. 17. Wireless carrier surcharge.
| (a) Except as provided in Section 45, each wireless
carrier | shall impose a monthly wireless carrier surcharge per CMRS | connection
that either has a telephone number within an area | code assigned to Illinois by
the North American Numbering Plan | Administrator or has a billing address in
this State.
In the | case of prepaid wireless telephone service, this surcharge | shall be
remitted based upon the address associated with the | point of purchase, the
customer billing
address, or the | location associated with the MTN for each active prepaid
| wireless telephone that has a sufficient positive balance
as of | the last day of each month, if that information is available. | No
wireless carrier
shall impose the surcharge authorized by | this
Section upon any subscriber who is subject to the | surcharge imposed by a unit
of local
government
pursuant to | Section 45.
Prior to the effective date of this amendatory Act | of the 95th General Assembly, the surcharge amount shall be the | amount set by the Wireless Enhanced 9-1-1 Board. Beginning on |
| the effective date of this amendatory Act of the 95th General | Assembly, the monthly surcharge imposed under this Section | shall be $0.73 per CMRS connection. The wireless carrier that | provides wireless service to the
subscriber shall collect the | surcharge set by the Wireless Enhanced 9-1-1 Board
from the | subscriber.
For mobile telecommunications services provided on | and after August 1, 2002,
any surcharge imposed under this Act | shall be imposed based upon the
municipality or county that | encompasses
the customer's place of primary use as defined in | the Mobile Telecommunications
Sourcing Conformity Act.
The | surcharge shall be stated as a separate item on the
| subscriber's monthly bill. The wireless carrier shall begin | collecting the
surcharge on bills issued within 90 days after | the Wireless Enhanced 9-1-1
Board sets the monthly wireless | surcharge. State and local taxes shall not
apply to the | wireless carrier surcharge.
| (b) Except as provided in Section 45, a wireless carrier | shall, within 45
days of collection, remit, either by check or | by electronic funds transfer, to
the State Treasurer the amount | of the wireless carrier surcharge collected
from each | subscriber.
Of the amounts remitted under this subsection prior | to the effective date of this amendatory Act of the 95th | General Assembly, and for surcharges imposed before the | effective date of this amendatory Act of the 95th General | Assembly but remitted after its effective date , the State
| Treasurer shall deposit one-third into the Wireless Carrier |
| Reimbursement Fund
and two-thirds into the Wireless Service | Emergency Fund. For surcharges collected and remitted on or | after the effective date of this amendatory Act of the 95th | General Assembly, $0.1475 per surcharge collected shall be | deposited into the Wireless Carrier Reimbursement Fund, and | $0.5825 per surcharge collected shall be deposited into the | Wireless Service Emergency Fund. Of the amounts deposited into | the Wireless Carrier Reimbursement Fund under this subsection, | $0.01 per surcharge collected may be distributed to the | carriers to cover their administrative costs. Of the amounts | deposited into the Wireless Service Emergency Fund under this | subsection, $0.01 per surcharge collected may be disbursed to | the Illinois Commerce Commission to cover its administrative | costs.
| (c)
The first such remittance by wireless carriers shall | include the number
of customers by zip code, and the 9-digit | zip code if currently being used or
later implemented by the | carrier, that shall be the means by which the
Illinois Commerce | Commission shall determine distributions from
the Wireless | Service Emergency Fund.
This information shall be updated no | less often than every year. Wireless
carriers are not required | to remit surcharge moneys that are billed to
subscribers but | not yet collected.
| (d) Notwithstanding any provision of law to the contrary,
| nothing shall impair the right of wireless carriers to recover
| compliance costs for all emergency communications services |
| that are not reimbursed out of the Wireless Carrier | Reimbursement Fund
directly from their customers via line-item | charges on the
customer's bill. Those compliance costs include | all costs
incurred by wireless carriers in complying with | local, State,
and federal regulatory or legislative mandates | that require the
transmission and receipt of emergency | communications to and
from the general public, including, but | not limited to, E-911.
| (e) The Auditor General shall conduct, on an annual basis, | an audit of the Wireless Service Emergency Fund and the | Wireless Carrier Reimbursement Fund for compliance with the | requirements of this Act. The audit shall include, but not be | limited to, the following determinations:
| (1) Whether the Commission is maintaining detailed | records of all receipts and disbursements from the Wireless | Carrier Emergency Fund and the Wireless Carrier | Reimbursement Fund.
| (2) Whether the Commission's administrative costs | charged to the funds are adequately documented and are | reasonable.
| (3) Whether the Commission's procedures for making | grants and providing reimbursements in accordance with the | Act are adequate.
| (4) The status of the implementation of wireless 9-1-1 | and E9-1-1 services in Illinois.
| The Commission, the Department of State Police, and any |
| other entity or person that may have information relevant to | the audit shall cooperate fully and promptly with the Office of | the Auditor General in conducting the audit. The Auditor | General shall commence the audit as soon as possible and | distribute the report upon completion in accordance with | Section 3-14 of the Illinois State Auditing Act.
| (Source: P.A. 92-526, eff. 7-1-02; 93-507, eff. 1-1-04; 93-839, | eff. 7-30-04.)
| (50 ILCS 751/25)
| (Section scheduled to be repealed on April 1, 2008)
| Sec. 25. Wireless Service Emergency Fund; distribution of | moneys.
Within 60 days after the effective date of this Act, | wireless carriers
shall submit to the Illinois Commerce | Commission the number of
wireless subscribers by zip code and | the 9-digit zip code of the wireless
subscribers, if currently | being used or later implemented by the carrier.
| The Illinois Commerce Commission shall, subject to
| appropriation, make monthly proportional grants to the | appropriate emergency
telephone system board or qualified | governmental entity based upon the United
States Postal Zip | Code of the wireless subscriber's billing address. No
matching | funds shall be required from grant recipients.
| If the Illinois Commerce Commission is notified of an area
| of overlapping jurisdiction, grants for that area shall be made | based upon
reference to an official Master Street Address Guide |
| to the emergency
telephone system board or qualified | governmental entity whose public
service answering points | provide wireless 9-1-1 service in that area.
The emergency | telephone system board or qualified governmental entity shall
| provide the Illinois Commerce Commission with a valid copy of | the
appropriate Master Street Address Guide. The Illinois | Commerce Commission does not have a duty to verify | jurisdictional responsibility.
| In the event of a subscriber billing address being matched | to an incorrect
jurisdiction by the Illinois Commerce | Commission, the recipient,
upon notification from the Illinois | Commerce Commission, shall
redirect the funds to the correct | jurisdiction. The Illinois Commerce Commission
shall not be | held liable for any damages relating to an
act or omission | under this Act, unless the act or omission constitutes gross
| negligence, recklessness, or intentional misconduct.
| In the event of a dispute between emergency telephone | system boards or
qualified governmental entities concerning a | subscriber billing address, the
Illinois Commerce Commission | shall resolve the dispute.
| The Illinois Commerce Commission shall maintain detailed | records
of all receipts and disbursements and shall provide an | annual accounting of all
receipts and disbursements to the | Auditor General.
| The Illinois Commerce Commission shall adopt rules to | govern the
grant process.
|
| The Illinois Commerce Commission may also use moneys in the | Wireless Service Emergency Fund for the purpose of conducting a | study to determine the future technological and financial needs | of the wireless 9-1-1 systems. A study shall include input from | the telecommunications industry, the Illinois National | Emergency Number Association, and the public safety community.
| (Source: P.A. 93-839, eff. 7-30-04.)
| (50 ILCS 751/35)
| (Section scheduled to be repealed on April 1, 2008)
| Sec. 35. Wireless Carrier Reimbursement Fund; | reimbursement. To recover costs from the Wireless Carrier | Reimbursement Fund, the wireless
carrier shall submit sworn | invoices to the Illinois Commerce Commission. In no event may | any invoice for payment be approved for (i) costs
that are not | related to compliance with the requirements established by the
| wireless enhanced 9-1-1 mandates of the Federal Communications | Commission, (ii)
costs with respect to any wireless enhanced | 9-1-1 service that is not operable
at the time the invoice is | submitted, or (iii) costs of any wireless carrier
exceeding | 100% of the wireless emergency services charges remitted to the
| Wireless Carrier Reimbursement Fund by the wireless carrier | under Section
17(b) unless the wireless carrier received prior | approval for the expenditures
from the Illinois Commerce | Commission.
| If in any month the total amount of invoices submitted to |
| the Illinois Commerce Commission and approved for payment | exceeds the amount
available in the Wireless Carrier | Reimbursement Fund, wireless carriers that
have invoices | approved for payment shall receive a pro-rata share of the | amount
available in the Wireless Carrier Reimbursement Fund | based on the relative
amount of their approved invoices | available that month, and the balance of
the payments shall be | carried into the following months until all of the approved
| payments
are made.
| A wireless carrier may not receive payment from the | Wireless Carrier
Reimbursement Fund for its costs of providing | wireless enhanced 9-1-1 services
in an area when a unit of | local government or emergency telephone system board
provides | wireless 9-1-1 services in that area and was imposing and | collecting a
wireless carrier surcharge prior to July 1, 1998.
| The Illinois Commerce Commission shall maintain detailed | records
of all receipts and disbursements and shall provide an | annual accounting of all
receipts and disbursements to the | Auditor General.
| The Illinois Commerce Commission shall adopt rules to | govern the
reimbursement process.
| Upon the effective date of this amendatory Act of the 95th | General Assembly, or as soon thereafter as practical, the State | Comptroller shall order transferred and the State Treasurer | shall transfer the sum of $8,000,000 from the Wireless Carrier | Reimbursement Fund to the Wireless Service Emergency Fund. That |
| amount shall be used by the Illinois Commerce Commission to | make grants in the manner described in Section 25 of this Act.
| (Source: P.A. 93-507, eff. 1-1-04; 93-839, eff. 7-30-04.)
| (50 ILCS 751/45)
| (Section scheduled to be repealed on April 1, 2008)
| Sec. 45. Continuation of current practices. | Notwithstanding any other
provision of this Act, a unit of | local government or emergency telephone
system board providing | wireless 9-1-1 service and imposing and collecting a
wireless | carrier surcharge prior to July 1, 1998 may continue its | practices of
imposing and collecting its wireless carrier | surcharge, but in no event shall
that monthly surcharge exceed | $2.50
$1.25 per commercial mobile radio service (CMRS)
| connection or in-service telephone number billed on a monthly | basis.
For mobile telecommunications services provided on and | after August 1, 2002,
any surcharge imposed shall be imposed | based upon the municipality or county
that encompasses the | customer's place of primary use as defined in the Mobile
| Telecommunications Sourcing Conformity Act.
| In addition to any other lawful purpose, a municipality | with a population over 500,000 may use the moneys collected | under this Section for any anti-terrorism or emergency | preparedness measures, including, but not limited to, | preparedness planning, providing local matching funds for | federal or State grants, personnel training, and specialized |
| equipment, including surveillance cameras as needed to deal | with natural and terrorist-inspired emergency situations or | events.
| (Source: P.A. 91-660, eff. 12-22-99; 92-526, eff. 7-1-02 .)
| (50 ILCS 751/70)
| (Section scheduled to be repealed on April 1, 2008)
| Sec. 70. Repealer. This Act is repealed on April 1, 2013
| 2008 .
| (Source: P.A. 93-507, eff. 1-1-04.)
| Section 99. Effective date. This Act takes effect January | 1, 2008. |
Effective Date: 1/1/2008
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