Public Act 098-0634
 
HB2453 EnrolledLRB098 10097 OMW 40256 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 Department of State Police Law of the Civil
Administrative Code of Illinois is amended by changing Section
2605-25 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 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. 90-130, eff. 1-1-98; 91-239, eff. 1-1-00; 91-760,
eff. 1-1-01.)
 
    Section 10. The Emergency Telephone System Act is amended
by changing Section 15.3 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), 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, 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, 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.
    (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. 97-463, eff. 8-19-11.)
 
    Section 15. The Wireless Emergency Telephone Safety Act is
amended by changing Sections 17, 35, 45, 70, and 85 and by
adding Section 27 as follows:
 
    (50 ILCS 751/17)
    (Section scheduled to be repealed on July 1, 2014)
    Sec. 17. Wireless carrier surcharge.
    (a) Except as provided in Sections 45 and 80, 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. 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 January 1, 2008 (the effective date of Public Act
95-698), the surcharge amount shall be the amount set by the
Wireless Enhanced 9-1-1 Board. Beginning on January 1, 2008
(the effective date of Public Act 95-698), 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 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 Sections 45 and 80, 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 January 1, 2008 (the effective date of Public Act
95-698), and for surcharges imposed before January 1, 2008 (the
effective date of Public Act 95-698) but remitted after January
1, 2008, 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 January 1, 2008 (the effective date of
Public Act 95-698), $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. For surcharges collected and
remitted on or after July 1, 2014, $0.05 per surcharge
collected shall be deposited into the Wireless Carrier
Reimbursement Fund, $0.66 per surcharge shall be deposited into
the Wireless Service Emergency Fund, and $0.02 per surcharge
collected shall be deposited into the Wireless Service
Emergency Fund and distributed in equal amounts to County
Emergency System Telephone Boards in counties with a population
under 100,000 according to the most recent census data. 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 wireless 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 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. Any carrier that fails to
provide the zip code information required under this subsection
(c) shall be subject to the penalty set forth in subsection (f)
of this Section.
    (d) Any funds collected under the Prepaid Wireless 9-1-1
Surcharge Act shall be distributed using a prorated method
based upon zip code information collected from post-paid
wireless carriers under subsection (c) of this Section.
    (e) If before midnight on the last day of the third
calendar month after the closing date of the remit period a
wireless 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 Illinois Commerce Commission 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 (e)
for a portion of a month during which the carrier provides the
number of subscribers by zip code as required under subsection
(c) 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 (c) of
this Section. Any penalty imposed under this subsection (e) is
in addition to the amount of the delinquency and is in addition
to any other penalty imposed under this Section.
    (f) If, before midnight on the last day of the third
calendar month after the closing date of the remit period, a
wireless carrier does not provide the number of subscribers by
zip code as required under subsection (c) of this Section, then
the report is deemed delinquent and the Illinois Commerce
Commission 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 1/2 and the
    number of subscribers served by the wireless carrier. On
    and after July 1, 2014, an amount equal to the product of
    $0.01 and the number of subscribers served by the wireless
    carrier.
    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. A
penalty imposed and collected in accordance with subsection (e)
or this subsection (f) shall be deposited into the Wireless
Service Emergency Fund for distribution according to Section 25
of this Act. Any penalty imposed under this subsection (f) is
in addition to any other penalty imposed under this Section.
    (g) The Illinois Commerce Commission 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
Executive Director of the Illinois Commerce Commission, or his
or her designee, may excuse the payment of any penalty imposed
under this Section if the Executive Director, or his or her
designee, determines that the enforcement of this penalty is
unjust.
    (h) 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
via 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, E-911.
    (i) 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. 97-463, eff. 1-1-12.)
 
    (50 ILCS 751/27 new)
    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 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.
 
    (50 ILCS 751/35)
    (Section scheduled to be repealed on July 1, 2014)
    Sec. 35. Wireless Carrier Reimbursement Fund;
reimbursement.
    (a) 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, or (iii) costs in excess of the sum of (A) the
carrier's balance, as determined under subsection (e) of this
Section, plus (B) 100% of the surcharge remitted to the
Wireless Carrier Reimbursement Fund by the wireless carrier
under Section 17(b) since the last annual review of the balance
in the Wireless Carrier Reimbursement Fund under subsection (e)
of this Section, less reimbursements paid to the carrier out of
the Wireless Carrier Reimbursement Fund since the last annual
review of the balance under subsection (e) of this Section,
unless the wireless carrier received prior approval for the
expenditures from the Illinois Commerce Commission.
    (b) 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.
    (c) 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.
    (d) 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.
    (e) 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 Wireless Services Emergency Fund for
distribution in accordance with Section 25 of this Act any
amount in excess of the amount of deposits into the Fund for
the 24 months prior to June 30 less:
        (1) the amount of paid and payables received by June 30
    for the 24 months prior to June 30 as determined eligible
    under subsection (a) of this Section;
        (2) the administrative costs associated with the Fund
    for the 24 months prior to June 30; and
        (3) the prorated portion of any other adjustments made
    to the Fund in the 24 months prior to June 30.
    After making the calculation required under this
subsection (e), each carrier's available balance for purposes
of reimbursements must be adjusted using the same calculation.
    (f) The Illinois Commerce Commission shall adopt rules to
govern the reimbursement process.
    (g) On January 1, 2008 (the effective date of Public Act
95-698), 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. 95-63, eff. 8-13-07; 95-698, eff. 1-1-08; 95-876,
eff. 8-21-08.)
 
    (50 ILCS 751/45)
    (Section scheduled to be repealed on July 1, 2014)
    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, 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, 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. 95-698, eff. 1-1-08.)
 
    (50 ILCS 751/70)
    (Section scheduled to be repealed on July 1, 2014)
    Sec. 70. Repealer. This Act is repealed on July 1, 2015
2014.
(Source: P.A. 97-1163, eff. 2-4-13; 98-45, eff. 6-28-13.)
 
    (50 ILCS 751/85)
    (Section scheduled to be repealed on July 1, 2014)
    Sec. 85. 9-1-1 Services Advisory Board.
    (a) There is hereby created the 9-1-1 Services Advisory
Board. The Board shall work with the Commission to determine
the 9-1-1 costs necessary for every 9-1-1 system to adequately
function and shall submit, by May 1, 2014, recommendations on
whether there is a need to consolidate 9-1-1 functions to the
General Assembly. The Board shall consist of 18 11 members with
one member each appointed by the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, the President of the Senate, and the Minority
Leader of the Senate, and with the remainder appointed by the
Governor as follows:
        (1) the Executive Director of the Illinois Commerce
    Commission, or his or her designee;
        (2) one member representing the Illinois chapter of the
    National Emergency Number Association;
        (3) one member representing the Illinois chapter of the
    Association of Public-Safety Communications Officials;
        (4) one member representing a county 9-1-1 system from
    a county with a population of 50,000 or less;
        (5) one member representing a county 9-1-1 system from
    a county with a population between 50,000 and 250,000;
        (6) one member representing a county 9-1-1 system from
    a county with a population of 250,000 or more;
        (7) one member representing an incumbent local
    exchange 9-1-1 system provider;
        (8) one member representing a non-incumbent local
    exchange 9-1-1 system provider;
        (9) one member representing a large wireless carrier;
        (10) one member representing a small wireless carrier;
    and
        (11) one member representing the Illinois
    Telecommunications Association; .
        (12) the Director of State Police, or his or her
    designee;
        (13) one member representing the Illinois Association
    of Chiefs of Police; and
        (14) one member representing the Illinois Sheriffs'
    Association.
    (b) The Board shall work with the Illinois Commerce
Commission to submit, by April 1, 2015, to the General Assembly
a plan for a statewide shared 9-1-1 network ("Statewide Next
Generation 9-1-1") for all areas of the State outside of
municipalities having a population of more than 500,000 to be
governed by the Statewide 9-1-1 Administrator within the
Department of State Police. The plan shall include, but not be
limited to, recommendations as to the following:
        (1) the structure of the statewide network;
        (2) a plan and timeline for the transition to a
    statewide network;
        (3) consolidation of 9-1-1 systems and services;
        (4) a plan for the implementation of the Statewide Next
    Generation 9-1-1;
        (5) a list of costs for which the moneys from the
    Wireless Service Emergency Fund should not be used;
        (6) the costs necessary for the 9-1-1 systems to
    adequately function;
        (7) the adequate amount of the wireless surcharge in
    order to support sufficient 9-1-1 services throughout the
    State;
        (8) a plan and timeline for the payment of past due
    Wireless Carrier Reimbursement Fund invoices to wireless
    carriers; and
        (9) the proper division of responsibilities between
    the Statewide 9-1-1 Administrator and the Illinois
    Commerce Commission for the oversight of funding
    distribution, technological standards, and system plan
    authorizations, modifications and consolidations going
    forward.
    (c) The Board is abolished on July 1, 2015 2014.
(Source: P.A. 98-45, eff. 6-28-13; 98-602, eff. 12-6-13.)
 
    Section 20. 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) There is hereby imposed on consumers a prepaid wireless
9-1-1 surcharge of 1.5% 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, 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, 2015, a 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) 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.
(Source: P.A. 97-463, eff. 1-1-12; 97-748, eff. 7-6-12.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.