SB1447sam001 94TH GENERAL ASSEMBLY

Sen. James F. Clayborne Jr.

Filed: 4/11/2005

09400SB1447sam001 LRB094 10609 MKM 44717 a

AMENDMENT TO SENATE BILL 1447

AMENDMENT NO. ______. Amend Senate Bill 1447 by replacing everything after the enacting clause:

"Section 5. The Emergency Telephone System Act is amended by adding Sections 15.7 and 15.80 as follows:

(50 ILCS 750/15.7 new)

Sec. 15.7. Voice over Internet Protocol 9-1-1 service.

(a) The General Assembly finds and declares that it is in the public interest for all 9-1-1 calls made or placed from locations within this State to be identified by telephone number and physical location, regardless of the technology used to complete those calls. The General Assembly specifically finds and declares that Voice over Internet Protocol (VoIP) service is particularly susceptible to improper identification of or failure to identify the telephone number and physical location from which a 9-1-1 call is made as a result of the use of VoIP technology to place the call and that this endangers the lives, safety, and property of the citizens of this State. The General Assembly further finds and declares that identification of the telephone number and physical location information for 9-1-1 calls made through VoIP service is necessary for the provision of universal access to public safety services and the protection of the consumers of this State from fraudulent, unfair, or misleading business practices.

(b) "Voice over Internet Protocol service" or "VoIP service" means a service that provides features, functions, or protocols that allow end users to originate and receive Internet Protocol-enabled voice services that resemble the characteristics of traditional circuit switched voice telecommunications services.

(c) On and after September 1, 2005, each entity that provides or offers to provide VoIP service shall automatically forward to the appropriate 9-1-1 system the telephone number and physical location from which each 9-1-1 call is made through the VoIP service.

(d) Any entity that provides or offers to provide VoIP service may apply to the Commission for an extension of the deadline imposed under subsection (c). The Commission shall grant the extension if the entity:

(1) demonstrates that compliance with subsection (c) is not technically feasible or is unduly economically burdensome;

(2) certifies that, during the extension period granted by the Commission, it will advertise and disclose clearly and conspicuously to its customers and subscribers that 9-1-1 service may be unavailable or inadequate when using VoIP service; or

(3) certifies that, during the extension period granted by the Commission, it will obtain a separate, signed acknowledgment, in a form approved by the Commission, from each of its customers and subscribers in Illinois stating that the customer or subscriber is aware that 9-1-1 service may be unavailable or inadequate when using VoIP. The term of any single extension granted pursuant to this subsection (d) shall not exceed one year.

(e) Any entity that violates this Section commits a business offense for which the Commission may impose a fine of not less than $1,000 and not more than $5,000.

(f) Any entity that fails to act in accordance with a certification made in accordance with item (2) or (3) of subsection (d) is in violation of this Section.

(g) Nothing in this Section shall be construed to preclude the Attorney General on behalf of the Commission or on his or her own initiative, or any other interested person, from seeking judicial relief, by mandamus, injunction, or otherwise, to compel compliance with this Section.

(h) The Commission may promulgate rules for the administration of this Section.

(50 ILCS 750/15.80 new)

Sec. 15.80. Severability. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application and to this end the provisions of this Act are severable.

Section 10. The Consumer Fraud and Deceptive Business Practices Act is amended by adding Sections 2Z and 2VV as follows:

(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)

Sec. 2Z. Violations of other Acts. Any person who knowingly violates the Automotive Repair Act, the Home Repair and Remodeling Act, the Dance Studio Act, the Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Job Referral and Job Listing Services Consumer Protection Act, the Travel Promotion Consumer Protection Act, the Credit Services Organizations Act, the Automatic Telephone Dialers Act, the Pay-Per-Call Services Consumer Protection Act, the Telephone Solicitations Act, the Illinois Funeral or Burial Funds Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales Act, the High Risk Home Loan Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, paragraph (6) of subsection (k) of Section 6-305 of the Illinois Vehicle Code, or the Automatic Contract Renewal Act, or Section 15.7 of the Emergency Telephone System Act commits an unlawful practice within the meaning of this Act.

(Source: P.A. 92-426, eff. 1-1-02; 93-561, eff. 1-1-04; 93-950, eff. 1-1-05.)

(815 ILCS 505/2VV new)

Sec. 2VV. Voice over Internet Protocol service.

(a) It is an unlawful act or practice to state or represent that a Voice over Internet Protocol (VoIP) service, as that term is defined in Section 15.7 of the Emergency Telephone System Act, has characteristics, uses, benefits, and qualities that the VoIP service does not in fact have, including the capability or functionality to make or place calls to 9-1-1 that will be answered in the manner required by the Emergency Telephone System Act or that will be identified with automatic telephone number and physical location information in the manner required under the Emergency Telephone System Act.

(b) It is an unlawful act or practice to omit or to fail to disclose in a clear and conspicuous manner that a Voice over Internet Protocol (VoIP) service, as that term is defined in Section 15.7 of the Emergency Telephone System Act, lacks the capability or functionality to make or place calls to 9-1-1 that will be answered in the manner required by the Emergency Telephone System Act or that will be identified with automatic telephone number and physical location identification in the manner required by the Emergency Telephone System Act if the VoIP service does not in fact have the capability or functionality to do so.

(c) Any entity that fails to act in accordance with a certification made in accordance with item (2) or (3) of subsection (d) of Section 15.7 of the Emergency Telephone System Act is in violation of this Act.

Section 99. Effective date. This Act takes effect upon becoming law.".