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92nd General Assembly

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Public Act 92-0557

HB5709 Enrolled                               LRB9213274BDdvB

    AN ACT concerning telecommunications.

    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 2.12 and 15.3 as follows:

    (50 ILCS 750/2.12) (from Ch. 134, par. 32.12)
    Sec.  2.12.   (a)  For the purposes of this Act, "network
connections" means the number of voice  grade  communications
channels    directly    between    a    subscriber    and   a
telecommunications carrier's public switched network, without
the intervention of any  other  telecommunications  carrier's
switched  network,  which  would  be  required  to  carry the
subscriber's inter-premises  traffic  and,  which  connection
either  (1) is capable of providing access through the public
switched network to a 9-1-1 Emergency Telephone System if one
exists, or, (2) if no system exists at the time  a  surcharge
is  imposed  under  Section  15.3  which  would be capable of
providing access through the public switched network  to  the
local 9-1-1 Emergency Telephone System if one existed.
    (b)  For  the purposes of this Act, no telecommunications
carrier    providing    facilities-based    local    exchange
telecommunications service prior to January 1, 1986 shall  be
required  to  offer  or  provide  sophisticated  9-1-1 system
features such as selective call routing  in  any  area  where
that  carrier's  local  switching  facility does not have the
capability to do so.
    (c)  For the purposes  of  this  Act,  "telecommunication
carrier"   does  not  include  a  cellular  or  other  mobile
communication carrier.
    (d)  Where multiple voice  grade  communication  channels
are   connected   to  a  telecommunication  carrier's  public
switched network through a private  branch  exchange  service
(PBX), there shall be determined to be one network connection
for  each  trunk  line  capable  of  transporting  either the
subscriber's inter-premises traffic to  the  public  switched
network or the subscriber's 9-1-1 calls to the public agency.
Where   multiple   voice  grade  communication  channels  are
connected to a telecommunication  carrier's  public  switched
network  through  centrex type service, the number of network
connections shall  be  equal  to  the  number  of  PBX  trunk
equivalents  for  the  subscriber's service, as determined by
reference to any generally applicable exchange access service
tariff filed by the subscriber's  telecommunications  carrier
with  the Commission. This subsection is not intended to make
any change in the meaning of this Section, but is 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 2002.
(Source: P.A. 86-101; 87-167.)

    (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
    (Text of Section before amendment by P.A. 92-474)
    Sec.  15.3.   (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 Section 8-11-2 of the  Illinois  Municipal
Code,  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. 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. The "service address" shall mean the  location
of  the primary use of the network connection or connections.
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 $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. 86-101; 86-1344.)

    (Text of Section after amendment by P.A. 92-474)
    Sec.   15.3.    (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 Section 8-11-2 of the Illinois Municipal
Code, 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 $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.)

    Section  95.   No  acceleration or delay.  Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for  example,  a
Section  represented  by  multiple versions), the use of that
text does not accelerate or delay the taking  effect  of  (i)
the  changes made by this Act or (ii) provisions derived from
any other Public Act.
    Passed in the General Assembly April 18, 2002.
    Approved June 24, 2002.
    Effective January 01, 2003.

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