Illinois General Assembly - Full Text of HB2967
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Full Text of HB2967  100th General Assembly

HB2967 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2967

 

Introduced , by Rep. Emanuel Chris Welch

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 750/15.4b
50 ILCS 750/20
50 ILCS 750/30
50 ILCS 750/99

    Amends the Emergency Telephone System Act. Provides that each telecommunications carrier shall impose a monthly surcharge of $1.30 (rather than $0.87) per network connection; provided, however, the monthly surcharge shall not apply to a network connection provided for use with pay telephone services. Provides that each wireless carrier shall impose and collect a monthly surcharge of $1.30 (rather than $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. Provides that at least $0.87 of this surcharge per network or CMRS connection shall be deposited into the Statewide 9-1-1 Fund for distribution to local Emergency Telephone System Boards. Provides that grants shall be distributed on a per capita basis, with priority to Emergency Telephone System Boards that received a disproportionately large number of ambulance or emergency medical service dispatch 9-1-1 calls based on the population served by the Board. Provides that data on 9-1-1 calls collected annually by the Department of State Police shall be used to determine priority of grant distributions. Extends the repeal date of the Act until July 1, 2022 (rather than July 1, 2017). Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2967LRB100 10890 SLF 21125 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Emergency Telephone System Act is amended by
5changing Sections 15.4b, 20, 30, and 99 as follows:
 
6    (50 ILCS 750/15.4b)
7    (Section scheduled to be repealed on July 1, 2017)
8    Sec. 15.4b. Consolidation grants.
9    (a) The Administrator, with the advice and recommendation
10of the Statewide 9-1-1 Advisory Board, shall administer a 9-1-1
11System Consolidation Grant Program to defray costs associated
12with 9-1-1 system consolidation of systems outside of a
13municipality with a population in excess of 500,000. The
14awarded grants will be used to offset non-recurring costs
15associated with the consolidation of 9-1-1 systems and shall
16not be used for ongoing operating costs associated with the
17consolidated system. The Department, in consultation with the
18Administrator and the Statewide 9-1-1 Advisory Board, shall
19adopt rules defining the grant process and criteria for issuing
20the grants. The grants should be awarded based on criteria that
21include, but are not limited to:
22        (1) reducing the number of transfers of a 9-1-1 call;
23        (2) reducing the infrastructure required to adequately

 

 

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1    provide 9-1-1 network services;
2        (3) promoting cost savings from resource sharing among
3    9-1-1 systems;
4        (4) facilitating interoperability and resiliency for
5    the receipt of 9-1-1 calls;
6        (5) reducing the number of 9-1-1 systems or reducing
7    the number of PSAPs within a 9-1-1 system;
8        (6) cost saving resulting from 9-1-1 system
9    consolidation; and
10        (7) expanding E9-1-1 service coverage as a result of
11    9-1-1 system consolidation including to areas without
12    E9-1-1 service.
13    Priority shall be given first to counties not providing
149-1-1 service as of January 1, 2016, and next to other entities
15consolidating as required under Section 15.4a of this Act.
16    (b) The 9-1-1 System Consolidation Grant application, as
17defined by Department rules, shall be submitted electronically
18to the Administrator starting January 2, 2016, and every
19January 2 thereafter. The application shall include a modified
209-1-1 system plan as required by this Act in support of the
21consolidation plan. The Administrator shall have until June 30,
222016 and every June 30 thereafter to approve 9-1-1 System
23Consolidation grants and modified 9-1-1 system plans. Payment
24under the approved 9-1-1 System Consolidation grants shall be
25contingent upon the final approval of a modified 9-1-1 system
26plan.

 

 

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1    (c) Existing and previously completed consolidation
2projects shall be eligible to apply for reimbursement of costs
3related to the consolidation incurred between 2010 and the
4State fiscal year of the application.
5    (d) The 9-1-1 systems that receive grants under this
6Section shall provide a report detailing grant fund usage to
7the Administrator pursuant to Section 40 of this Act.
8(Source: P.A. 99-6, eff. 1-1-16.)
 
9    (50 ILCS 750/20)
10    (Section scheduled to be repealed on July 1, 2017)
11    Sec. 20. Statewide surcharge.
12    (a) On and after January 1, 2016, and except with respect
13to those customers who are subject to surcharges as provided in
14Sections 15.3 and 15.3a of this Act, a monthly surcharge shall
15be imposed on all customers of telecommunications carriers and
16wireless carriers as follows:
17        (1) Each telecommunications carrier shall impose a
18    monthly surcharge of $1.30 $0.87 per network connection;
19    provided, however, the monthly surcharge shall not apply to
20    a network connection provided for use with pay telephone
21    services. Where multiple voice grade communications
22    channels are connected between the subscriber's premises
23    and a public switched network through private branch
24    exchange (PBX) or centrex type service there shall be
25    imposed 5 such surcharges per network connection for both

 

 

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1    regular service and advanced service provisioned trunk
2    lines.
3        (2) Each wireless carrier shall impose and collect a
4    monthly surcharge of $1.30 $0.87 per CMRS connection that
5    either has a telephone number within an area code assigned
6    to Illinois by the North American Numbering Plan
7    Administrator or has a billing address in this State. At
8    least $0.87 of this surcharge per network or CMRS
9    connection shall be deposited into the Statewide 9-1-1 Fund
10    for distribution to local Emergency Telephone System
11    Boards.
12    (b) State and local taxes shall not apply to the surcharges
13imposed under this Section.
14    (c) The surcharges imposed by this Section shall be stated
15as a separately stated item on subscriber bills.
16    (d) The telecommunications carrier collecting the
17surcharge shall also be entitled to deduct 3% of the gross
18amount of surcharge collected to reimburse the
19telecommunications carrier for the expense of accounting and
20collecting the surcharge. On and after July 1, 2022, the
21wireless carrier collecting a surcharge under this Section
22shall be entitled to deduct up to 3% of the gross amount of the
23surcharge collected to reimburse the wireless carrier for the
24expense of accounting and collecting the surcharge.
25    (e) Surcharges imposed under this Section shall be
26collected by the carriers and, within 30 days of collection,

 

 

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1remitted, either by check or electronic funds transfer, to the
2Department for deposit into the Statewide 9-1-1 Fund. Carriers
3are not required to remit surcharge moneys that are billed to
4subscribers but not yet collected.
5    The first remittance by wireless carriers shall include the
6number of subscribers by zip code, and the 9-digit zip code if
7currently being used or later implemented by the carrier, that
8shall be the means by which the Department shall determine
9distributions from the Statewide 9-1-1 Fund. This information
10shall be updated at least once each year. Any carrier that
11fails to provide the zip code information required under this
12subsection (e) shall be subject to the penalty set forth in
13subsection (g) of this Section.
14    (f) If, within 5 business days it is due under subsection
15(e) of this Section, a carrier does not remit the surcharge or
16any portion thereof required under this Section, then the
17surcharge or portion thereof shall be deemed delinquent until
18paid in full, and the Department may impose a penalty against
19the carrier in an amount equal to the greater of:
20        (1) $25 for each month or portion of a month from the
21    time an amount becomes delinquent until the amount is paid
22    in full; or
23        (2) an amount equal to the product of 1% and the sum of
24    all delinquent amounts for each month or portion of a month
25    that the delinquent amounts remain unpaid.
26    A penalty imposed in accordance with this subsection (f)

 

 

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1for a portion of a month during which the carrier pays the
2delinquent amount in full shall be prorated for each day of
3that month that the delinquent amount was paid in full. Any
4penalty imposed under this subsection (f) is in addition to the
5amount of the delinquency and is in addition to any other
6penalty imposed under this Section.
7    (g) If, within 5 business days after it is due, a wireless
8carrier does not provide the number of subscribers by zip code
9as required under subsection (e) of this Section, then the
10report is deemed delinquent and the Department may impose a
11penalty against the carrier in an amount equal to the greater
12of:
13        (1) $25 for each month or portion of a month that the
14    report is delinquent; or
15        (2) an amount equal to the product of $0.01 and the
16    number of subscribers served by the carrier.
17    A penalty imposed in accordance with this subsection (g)
18for a portion of a month during which the carrier provides the
19number of subscribers by zip code as required under subsection
20(e) of this Section shall be prorated for each day of that
21month during which the carrier had not provided the number of
22subscribers by zip code as required under subsection (e) of
23this Section. Any penalty imposed under this subsection (g) is
24in addition to any other penalty imposed under this Section.
25    (h) A penalty imposed and collected in accordance with
26subsection (f) or (g) of this Section shall be deposited into

 

 

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1the Statewide 9-1-1 Fund for distribution according to Section
230 of this Act.
3    (i) The Department may enforce the collection of any
4delinquent amount and any penalty due and unpaid under this
5Section by legal action or in any other manner by which the
6collection of debts due the State of Illinois may be enforced
7under the laws of this State. The Department may excuse the
8payment of any penalty imposed under this Section if the
9Administrator determines that the enforcement of this penalty
10is unjust.
11    (j) Notwithstanding any provision of law to the contrary,
12nothing shall impair the right of wireless carriers to recover
13compliance costs for all emergency communications services
14that are not reimbursed out of the Wireless Carrier
15Reimbursement Fund directly from their wireless subscribers by
16line-item charges on the wireless subscriber's bill. Those
17compliance costs include all costs incurred by wireless
18carriers in complying with local, State, and federal regulatory
19or legislative mandates that require the transmission and
20receipt of emergency communications to and from the general
21public, including, but not limited to, E9-1-1.
22(Source: P.A. 99-6, eff. 1-1-16.)
 
23    (50 ILCS 750/30)
24    (Section scheduled to be repealed on July 1, 2017)
25    Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.

 

 

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1    (a) A special fund in the State treasury known as the
2Wireless Service Emergency Fund shall be renamed the Statewide
39-1-1 Fund. Any appropriations made from the Wireless Service
4Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
5The Fund shall consist of the following:
6        (1) 9-1-1 wireless surcharges assessed under the
7    Wireless Emergency Telephone Safety Act.
8        (2) 9-1-1 surcharges assessed under Section 20 of this
9    Act.
10        (3) Prepaid wireless 9-1-1 surcharges assessed under
11    Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
12        (4) Any appropriations, grants, or gifts made to the
13    Fund.
14        (5) Any income from interest, premiums, gains, or other
15    earnings on moneys in the Fund.
16        (6) Money from any other source that is deposited in or
17    transferred to the Fund.
18    (b) Subject to appropriation, the Department shall
19distribute the 9-1-1 surcharges monthly as follows:
20        (1) From each surcharge collected and remitted under
21    Section 20 of this Act:
22            (A) $0.013 shall be distributed monthly in equal
23        amounts to each County Emergency Telephone System
24        Board or qualified governmental entity in counties
25        with a population under 100,000 according to the most
26        recent census data which is authorized to serve as a

 

 

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1        primary wireless 9-1-1 public safety answering point
2        for the county and to provide wireless 9-1-1 service as
3        prescribed by subsection (b) of Section 15.6a of this
4        Act, and which does provide such service.
5            (B) $0.033 shall be transferred by the Comptroller
6        at the direction of the Department to the Wireless
7        Carrier Reimbursement Fund until June 30, 2017; from
8        July 1, 2017 through June 30, 2018, $0.026 shall be
9        transferred; from July 1, 2018 through June 30, 2019,
10        $0.020 shall be transferred; from July 1, 2019, through
11        June 30, 2020, $0.013 shall be transferred; from July
12        1, 2020 through June 30, 2021, $0.007 will be
13        transferred; and after June 30, 2021, no transfer shall
14        be made to the Wireless Carrier Reimbursement Fund.
15            (C) $0.007 shall be used to cover the Department's
16        administrative costs.
17        (2) After disbursements under paragraph (1) of this
18    subsection (b), all remaining funds in the Statewide 9-1-1
19    Fund shall be disbursed in the following priority order:
20            (A) The Fund will pay monthly to:
21                (i) the 9-1-1 Authorities that imposed
22            surcharges under Section 15.3 of this Act and were
23            required to report to the Illinois Commerce
24            Commission under Section 27 of the Wireless
25            Emergency Telephone Safety Act on October 1, 2014,
26            except a 9-1-1 Authority in a municipality with a

 

 

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1            population in excess of 500,000, an amount equal to
2            the average monthly wireline and VoIP surcharge
3            revenue attributable to the most recent 12-month
4            period reported to the Department under that
5            Section for the October 1, 2014 filing, subject to
6            the power of the Department to investigate the
7            amount reported and adjust the number by order
8            under Article X of the Public Utilities Act, so
9            that the monthly amount paid under this item
10            accurately reflects one-twelfth of the aggregate
11            wireline and VoIP surcharge revenue properly
12            attributable to the most recent 12-month period
13            reported to the Commission; or
14                (ii) county qualified governmental entities
15            that did not impose a surcharge under Section 15.3
16            as of December 31, 2015, and counties that did not
17            impose a surcharge as of June 30, 2015, an amount
18            equivalent to their population multiplied by .37
19            multiplied by the rate of $0.69; counties that are
20            not county qualified governmental entities and
21            that did not impose a surcharge as of December 31,
22            2015, shall not begin to receive the payment
23            provided for in this subsection until E9-1-1 and
24            wireless E9-1-1 services are provided within their
25            counties; or
26                (iii) counties without 9-1-1 service that had

 

 

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1            a surcharge in place by December 31, 2015, an
2            amount equivalent to their population multiplied
3            by .37 multiplied by their surcharge rate as
4            established by the referendum.
5            (B) All 9-1-1 network costs for systems outside of
6        municipalities with a population of at least 500,000
7        shall be paid by the Department directly to the
8        vendors.
9            (C) All expenses incurred by the Administrator and
10        the Statewide 9-1-1 Advisory Board and costs
11        associated with procurement under Section 15.6b
12        including requests for information and requests for
13        proposals.
14            (D) Funds may be held in reserve by the Statewide
15        9-1-1 Advisory Board and disbursed by the Department
16        for grants under Sections 15.4a, 15.4b, and for NG9-1-1
17        expenses up to $12.5 million per year in State fiscal
18        years 2016 and 2017; up to $23.1 million $13.5 million
19        in State fiscal years 2017, year 2018, 2019, 2020,
20        2021, and 2022; up to $14.4 million in State fiscal
21        year 2019; up to $15.3 million in State fiscal year
22        2020; up to $16.2 million in State fiscal year 2021; up
23        to $23.1 million in State fiscal year 2022; and up to
24        $17.0 million per year for State fiscal year 2023 and
25        each year thereafter.
26            (E) All remaining funds per remit month shall be

 

 

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1        used to make monthly proportional grants to the
2        appropriate 9-1-1 Authority currently taking wireless
3        9-1-1 based upon the United States Postal Zip Code of
4        the billing addresses of subscribers of wireless
5        carriers.
6            (F) Grants shall be distributed on a per capita
7        basis, with priority to Emergency Telephone System
8        Boards that received a disproportionately large number
9        of ambulance or emergency medical service dispatch
10        9-1-1 calls based on the population served by the
11        Board. Data on 9-1-1 calls collected annually by the
12        Department of State Police shall be used to determine
13        priority of grant distributions.
14            (G) Entities which began the consolidation process
15        on or before January 1, 2016 shall be eligible for
16        reimbursement grants if the entity is otherwise
17        eligible under this Act.
18    (c) The moneys deposited into the Statewide 9-1-1 Fund
19under this Section shall not be subject to administrative
20charges or chargebacks unless otherwise authorized by this Act.
21    (d) Whenever two or more 9-1-1 Authorities consolidate, the
22resulting Joint Emergency Telephone System Board shall be
23entitled to the monthly payments that had theretofore been made
24to each consolidating 9-1-1 Authority. Any reserves held by any
25consolidating 9-1-1 Authority shall be transferred to the
26resulting Joint Emergency Telephone System Board. Whenever a

 

 

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1county that has no 9-1-1 service as of January 1, 2016 enters
2into an agreement to consolidate to create or join a Joint
3Emergency Telephone System Board, the Joint Emergency
4Telephone System Board shall be entitled to the monthly
5payments that would have otherwise been paid to the county if
6it had provided 9-1-1 service.
7(Source: P.A. 99-6, eff. 1-1-16.)
 
8    (50 ILCS 750/99)
9    (Section scheduled to be repealed on July 1, 2017)
10    Sec. 99. Repealer. This Act is repealed on July 1, 2022
112017.
12(Source: P.A. 99-6, eff. 6-29-15.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.