Rep. Brandon W. Phelps

Filed: 5/30/2017

 

 


 

 


 
10000SB1839ham004LRB100 06226 SLF 27386 a

1
AMENDMENT TO SENATE BILL 1839

2    AMENDMENT NO. ______. Amend Senate Bill 1839, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 3. The Freedom of Information Act is amended by
6changing Section 7.5 as follows:
 
7    (5 ILCS 140/7.5)
8    Sec. 7.5. Statutory exemptions. To the extent provided for
9by the statutes referenced below, the following shall be exempt
10from inspection and copying:
11        (a) All information determined to be confidential
12    under Section 4002 of the Technology Advancement and
13    Development Act.
14        (b) Library circulation and order records identifying
15    library users with specific materials under the Library
16    Records Confidentiality Act.

 

 

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1        (c) Applications, related documents, and medical
2    records received by the Experimental Organ Transplantation
3    Procedures Board and any and all documents or other records
4    prepared by the Experimental Organ Transplantation
5    Procedures Board or its staff relating to applications it
6    has received.
7        (d) Information and records held by the Department of
8    Public Health and its authorized representatives relating
9    to known or suspected cases of sexually transmissible
10    disease or any information the disclosure of which is
11    restricted under the Illinois Sexually Transmissible
12    Disease Control Act.
13        (e) Information the disclosure of which is exempted
14    under Section 30 of the Radon Industry Licensing Act.
15        (f) Firm performance evaluations under Section 55 of
16    the Architectural, Engineering, and Land Surveying
17    Qualifications Based Selection Act.
18        (g) Information the disclosure of which is restricted
19    and exempted under Section 50 of the Illinois Prepaid
20    Tuition Act.
21        (h) Information the disclosure of which is exempted
22    under the State Officials and Employees Ethics Act, and
23    records of any lawfully created State or local inspector
24    general's office that would be exempt if created or
25    obtained by an Executive Inspector General's office under
26    that Act.

 

 

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1        (i) Information contained in a local emergency energy
2    plan submitted to a municipality in accordance with a local
3    emergency energy plan ordinance that is adopted under
4    Section 11-21.5-5 of the Illinois Municipal Code.
5        (j) Information and data concerning the distribution
6    of surcharge moneys collected and remitted by wireless
7    carriers under the Wireless Emergency Telephone System
8    Safety Act.
9        (k) Law enforcement officer identification information
10    or driver identification information compiled by a law
11    enforcement agency or the Department of Transportation
12    under Section 11-212 of the Illinois Vehicle Code.
13        (l) Records and information provided to a residential
14    health care facility resident sexual assault and death
15    review team or the Executive Council under the Abuse
16    Prevention Review Team Act.
17        (m) Information provided to the predatory lending
18    database created pursuant to Article 3 of the Residential
19    Real Property Disclosure Act, except to the extent
20    authorized under that Article.
21        (n) Defense budgets and petitions for certification of
22    compensation and expenses for court appointed trial
23    counsel as provided under Sections 10 and 15 of the Capital
24    Crimes Litigation Act. This subsection (n) shall apply
25    until the conclusion of the trial of the case, even if the
26    prosecution chooses not to pursue the death penalty prior

 

 

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1    to trial or sentencing.
2        (o) Information that is prohibited from being
3    disclosed under Section 4 of the Illinois Health and
4    Hazardous Substances Registry Act.
5        (p) Security portions of system safety program plans,
6    investigation reports, surveys, schedules, lists, data, or
7    information compiled, collected, or prepared by or for the
8    Regional Transportation Authority under Section 2.11 of
9    the Regional Transportation Authority Act or the St. Clair
10    County Transit District under the Bi-State Transit Safety
11    Act.
12        (q) Information prohibited from being disclosed by the
13    Personnel Records Review Act.
14        (r) Information prohibited from being disclosed by the
15    Illinois School Student Records Act.
16        (s) Information the disclosure of which is restricted
17    under Section 5-108 of the Public Utilities Act.
18        (t) All identified or deidentified health information
19    in the form of health data or medical records contained in,
20    stored in, submitted to, transferred by, or released from
21    the Illinois Health Information Exchange, and identified
22    or deidentified health information in the form of health
23    data and medical records of the Illinois Health Information
24    Exchange in the possession of the Illinois Health
25    Information Exchange Authority due to its administration
26    of the Illinois Health Information Exchange. The terms

 

 

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1    "identified" and "deidentified" shall be given the same
2    meaning as in the Health Insurance Portability and
3    Accountability Act of 1996, Public Law 104-191, or any
4    subsequent amendments thereto, and any regulations
5    promulgated thereunder.
6        (u) Records and information provided to an independent
7    team of experts under Brian's Law.
8        (v) Names and information of people who have applied
9    for or received Firearm Owner's Identification Cards under
10    the Firearm Owners Identification Card Act or applied for
11    or received a concealed carry license under the Firearm
12    Concealed Carry Act, unless otherwise authorized by the
13    Firearm Concealed Carry Act; and databases under the
14    Firearm Concealed Carry Act, records of the Concealed Carry
15    Licensing Review Board under the Firearm Concealed Carry
16    Act, and law enforcement agency objections under the
17    Firearm Concealed Carry Act.
18        (w) Personally identifiable information which is
19    exempted from disclosure under subsection (g) of Section
20    19.1 of the Toll Highway Act.
21        (x) Information which is exempted from disclosure
22    under Section 5-1014.3 of the Counties Code or Section
23    8-11-21 of the Illinois Municipal Code.
24        (y) Confidential information under the Adult
25    Protective Services Act and its predecessor enabling
26    statute, the Elder Abuse and Neglect Act, including

 

 

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1    information about the identity and administrative finding
2    against any caregiver of a verified and substantiated
3    decision of abuse, neglect, or financial exploitation of an
4    eligible adult maintained in the Registry established
5    under Section 7.5 of the Adult Protective Services Act.
6        (z) Records and information provided to a fatality
7    review team or the Illinois Fatality Review Team Advisory
8    Council under Section 15 of the Adult Protective Services
9    Act.
10        (aa) Information which is exempted from disclosure
11    under Section 2.37 of the Wildlife Code.
12        (bb) Information which is or was prohibited from
13    disclosure by the Juvenile Court Act of 1987.
14        (cc) Recordings made under the Law Enforcement
15    Officer-Worn Body Camera Act, except to the extent
16    authorized under that Act.
17        (dd) Information that is prohibited from being
18    disclosed under Section 45 of the Condominium and Common
19    Interest Community Ombudsperson Act.
20        (ee) (dd) Information that is exempted from disclosure
21    under Section 30.1 of the Pharmacy Practice Act.
22(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
23eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
2499-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
2599-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.
268-19-16; revised 9-1-16.)
 

 

 

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1    Section 5. The Department of State Police Law of the Civil
2Administrative Code of Illinois is amended by changing Sections
32605-52 and 2605-475 as follows:
 
4    (20 ILCS 2605/2605-52)
5    Sec. 2605-52. Office of the Statewide 9-1-1 Administrator.
6    (a) There shall be established an Office of the Statewide
79-1-1 Administrator within the Department. Beginning January
81, 2016, the Office of the Statewide 9-1-1 Administrator shall
9be responsible for developing, implementing, and overseeing a
10uniform statewide 9-1-1 system for all areas of the State
11outside of municipalities having a population over 500,000.
12    (b) The Governor shall appoint, with the advice and consent
13of the Senate, a Statewide 9-1-1 Administrator. The
14Administrator shall serve for a term of 2 years, and until a
15successor is appointed and qualified; except that the term of
16the first 9-1-1 Administrator appointed under this Act shall
17expire on the third Monday in January, 2017. The Administrator
18shall not hold any other remunerative public office. The
19Administrator shall receive an annual salary as set by the
20Governor.
21    (c) The Department, from appropriations made to it for that
22purpose, shall make grants to 9-1-1 Authorities for the purpose
23of defraying costs associated with 9-1-1 system consolidations
24awarded by the Administrator under Section 15.4b of the

 

 

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1Emergency Telephone System Act.
2(Source: P.A. 99-6, eff. 6-29-15.)
 
3    (20 ILCS 2605/2605-475)  (was 20 ILCS 2605/55a in part)
4    Sec. 2605-475. Wireless Emergency Telephone System Safety
5Act. The Department and Statewide 9-1-1 Administrator shall To
6exercise the powers and perform the duties specifically
7assigned to each the Department under the Wireless Emergency
8Telephone System Safety Act with respect to the development and
9improvement of emergency communications procedures and
10facilities in such a manner as to facilitate a quick response
11to any person calling the number "9-1-1" seeking police, fire,
12medical, or other emergency services through a wireless carrier
13as defined in Section 10 of the Wireless Emergency Telephone
14Safety Act. Nothing in the Wireless Emergency Telephone System
15Safety Act shall require the Department of Illinois State
16Police to provide wireless enhanced 9-1-1 services.
17(Source: P.A. 91-660, eff. 12-22-99; 92-16, eff. 6-28-01.)
 
18    Section 10. The State Finance Act is amended by changing
19Section 8.37 as follows:
 
20    (30 ILCS 105/8.37)
21    Sec. 8.37. State Police Wireless Service Emergency Fund.
22    (a) The State Police Wireless Service Emergency Fund is
23created as a special fund in the State Treasury.

 

 

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1    (b) Grants or surcharge funds allocated to the Department
2of State Police from the Statewide 9-1-1 Wireless Service
3Emergency Fund shall be deposited into the State Police
4Wireless Service Emergency Fund and shall be used in accordance
5with Section 30 20 of the Wireless Emergency Telephone System
6Safety Act.
7    (c) On July 1, 1999, the State Comptroller and State
8Treasurer shall transfer $1,300,000 from the General Revenue
9Fund to the State Police Wireless Service Emergency Fund. On
10June 30, 2003 the State Comptroller and State Treasurer shall
11transfer $1,300,000 from the State Police Wireless Service
12Emergency Fund to the General Revenue Fund.
13(Source: P.A. 91-660, eff. 12-22-99; 92-16, eff. 6-28-01.)
 
14    Section 15. The Emergency Telephone System Act is amended
15by changing Sections 2, 8, 10, 10.3, 12, 14, 15.2a, 15.3,
1615.3a, 15.4, 15.4a, 15.4b, 15.6a, 19, 20, 30, 35, 40, 55, and
1799 and by adding Section 17.5 as follows:
 
18    (50 ILCS 750/2)  (from Ch. 134, par. 32)
19    (Section scheduled to be repealed on July 1, 2017)
20    Sec. 2. Definitions. As used in this Act, unless the
21context otherwise requires:
22    "9-1-1 network" means the network used for the delivery of
239-1-1 calls and messages over dedicated and redundant
24facilities to a primary or back up 9-1-1 PSAP that meets P.01

 

 

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1grade of service standards for basic 9-1-1 and enhanced 9-1-1
2services or meets national I3 industry call delivery standards
3for Next Generation 9-1-1 services.
4    "9-1-1 system" means the geographic area that has been
5granted an order of authority by the Commission or the
6Statewide 9-1-1 Administrator to use "9-1-1" as the primary
7emergency telephone number.
8    "9-1-1 Authority" includes an Emergency Telephone System
9Board, Joint Emergency Telephone System Board, and a qualified
10governmental entity. "9-1-1 Authority" includes the Department
11of State Police only to the extent it provides 9-1-1 services
12under this Act.
13    "Administrator" means the Statewide 9-1-1 Administrator.
14    "Advanced service" means any telecommunications service
15with or without dynamic bandwidth allocation, including, but
16not limited to, ISDN Primary Rate Interface (PRI), that,
17through the use of a DS-1, T-1, or other similar un-channelized
18or multi-channel transmission facility, is capable of
19transporting either the subscriber's inter-premises voice
20telecommunications services to the public switched network or
21the subscriber's 9-1-1 calls to the public agency.
22    "ALI" or "automatic location identification" means, in an
23E9-1-1 system, the automatic display at the public safety
24answering point of the caller's telephone number, the address
25or location of the telephone, and supplementary emergency
26services information.

 

 

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1    "ANI" or "automatic number identification" means the
2automatic display of the 9-1-1 calling party's number on the
3PSAP monitor.
4    "Automatic alarm" and "automatic alerting device" mean any
5device that will access the 9-1-1 system for emergency services
6upon activation.
7    "Backup PSAP" means a public safety answering point that
8serves as an alternate to the PSAP for enhanced systems and is
9at a different location and operates independently from the
10PSAP. A backup PSAP may accept overflow calls from the PSAP or
11be activated if the primary PSAP is disabled.
12    "Board" means an Emergency Telephone System Board or a
13Joint Emergency Telephone System Board created pursuant to
14Section 15.4.
15    "Carrier" includes a telecommunications carrier and a
16wireless carrier.
17    "Commission" means the Illinois Commerce Commission.
18    "Computer aided dispatch" or "CAD" means a computer-based
19system that aids PSAP telecommunicators by automating selected
20dispatching and record keeping activities database maintained
21by the public safety agency or public safety answering point
22used in conjunction with 9-1-1 caller data.
23    "Direct dispatch method" means a 9-1-1 service that
24provides for the direct dispatch by a PSAP telecommunicator of
25the appropriate unit upon receipt of an emergency call and the
26decision as to the proper action to be taken.

 

 

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1    "Department" means the Department of State Police.
2    "DS-1, T-1, or similar un-channelized or multi-channel
3transmission facility" means a facility that can transmit and
4receive a bit rate of at least 1.544 megabits per second
5(Mbps).
6    "Dynamic bandwidth allocation" means the ability of the
7facility or customer to drop and add channels, or adjust
8bandwidth, when needed in real time for voice or data purposes.
9    "Enhanced 9-1-1" or "E9-1-1" means a an emergency telephone
10system that includes dedicated network switching, database and
11PSAP premise elements capable of providing automatic location
12identification data, selective routing, database, ALI, ANI,
13selective transfer, fixed transfer, and a call back number,
14including any enhanced 9-1-1 service so designated by the
15Federal Communications Commission in its report and order in WC
16Dockets Nos. 04-36 and 05-196, or any successor proceeding.
17    "ETSB" means an emergency telephone system board appointed
18by the corporate authorities of any county or municipality that
19provides for the management and operation of a 9-1-1 system.
20    "Hearing-impaired individual" means a person with a
21permanent hearing loss who can regularly and routinely
22communicate by telephone only through the aid of devices which
23can send and receive written messages over the telephone
24network.
25    "Hosted supplemental 9-1-1 service" means a database
26service that:

 

 

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1        (1) electronically provides information to 9-1-1 call
2    takers when a call is placed to 9-1-1;
3        (2) allows telephone subscribers to provide
4    information to 9-1-1 to be used in emergency scenarios;
5        (3) collects a variety of formatted data relevant to
6    9-1-1 and first responder needs, which may include, but is
7    not limited to, photographs of the telephone subscribers,
8    physical descriptions, medical information, household
9    data, and emergency contacts;
10        (4) allows for information to be entered by telephone
11    subscribers through a secure website where they can elect
12    to provide as little or as much information as they choose;
13        (5) automatically displays data provided by telephone
14    subscribers to 9-1-1 call takers for all types of
15    telephones when a call is placed to 9-1-1 from a registered
16    and confirmed phone number;
17        (6) supports the delivery of telephone subscriber
18    information through a secure internet connection to all
19    emergency telephone system boards;
20        (7) works across all 9-1-1 call taking equipment and
21    allows for the easy transfer of information into a computer
22    aided dispatch system; and
23        (8) may be used to collect information pursuant to an
24    Illinois Premise Alert Program as defined in the Illinois
25    Premise Alert Program (PAP) Act.
26    "Interconnected voice over Internet protocol provider" or

 

 

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1"Interconnected VoIP provider" has the meaning given to that
2term under Section 13-235 of the Public Utilities Act.
3    "Joint ETSB" means a Joint Emergency Telephone System Board
4established by intergovernmental agreement of two or more
5municipalities or counties, or a combination thereof, to
6provide for the management and operation of a 9-1-1 system.
7    "Local public agency" means any unit of local government or
8special purpose district located in whole or in part within
9this State that provides or has authority to provide
10firefighting, police, ambulance, medical, or other emergency
11services.
12    "Mechanical dialer" means any device that either manually
13or remotely triggers a dialing device to access the 9-1-1
14system.
15    "Master Street Address Guide" or "MSAG" is a database of
16street names and house ranges within their associated
17communities defining emergency service zones (ESZs) and their
18associated emergency service numbers (ESNs) to enable proper
19routing of 9-1-1 calls means the computerized geographical
20database that consists of all street and address data within a
219-1-1 system.
22    "Mobile telephone number" or "MTN" means the telephone
23number assigned to a wireless telephone at the time of initial
24activation.
25    "Network connections" means the number of voice grade
26communications channels directly between a subscriber and a

 

 

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1telecommunications carrier's public switched network, without
2the intervention of any other telecommunications carrier's
3switched network, which would be required to carry the
4subscriber's inter-premises traffic and which connection
5either (1) is capable of providing access through the public
6switched network to a 9-1-1 Emergency Telephone System, if one
7exists, or (2) if no system exists at the time a surcharge is
8imposed under Section 15.3, that would be capable of providing
9access through the public switched network to the local 9-1-1
10Emergency Telephone System if one existed. Where multiple voice
11grade communications channels are connected to a
12telecommunications carrier's public switched network through a
13private branch exchange (PBX) service, there shall be
14determined to be one network connection for each trunk line
15capable of transporting either the subscriber's inter-premises
16traffic to the public switched network or the subscriber's
179-1-1 calls to the public agency. Where multiple voice grade
18communications channels are connected to a telecommunications
19carrier's public switched network through centrex type
20service, the number of network connections shall be equal to
21the number of PBX trunk equivalents for the subscriber's
22service or other multiple voice grade communication channels
23facility, as determined by reference to any generally
24applicable exchange access service tariff filed by the
25subscriber's telecommunications carrier with the Commission.
26    "Network costs" means those recurring costs that directly

 

 

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1relate to the operation of the 9-1-1 network as determined by
2the Statewide 9-1-1 Administrator with the advice of the
3Statewide 9-1-1 Advisory Board, which may include including,
4but need not be limited to, some or all of the following: costs
5for interoffice trunks, selective routing charges, transfer
6lines and toll charges for 9-1-1 services, Automatic Location
7Information (ALI) database charges, call box trunk circuit
8(including central office only and not including extensions to
9fire stations), independent local exchange carrier charges and
10non-system provider charges, carrier charges for third party
11database for on-site customer premises equipment, back-up PSAP
12trunks for non-system providers, periodic database updates as
13provided by carrier (also known as "ALI data dump"), regional
14ALI storage charges, circuits for call delivery (fiber or
15circuit connection), NG9-1-1 costs, and all associated fees,
16taxes, and surcharges on each invoice. "Network costs" shall
17not include radio circuits or toll charges that are other than
18for 9-1-1 services.
19    "Next generation 9-1-1" or "NG9-1-1" means an Internet
20Protocol-based (IP-based) system comprised of managed ESInets,
21functional elements and applications, and databases that
22replicate traditional E9-1-1 features and functions and
23provide additional capabilities. "NG9-1-1" systems are
24designed to provide access to emergency services from all
25connected communications sources, and provide multimedia data
26capabilities for PSAPs and other emergency services

 

 

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1organizations.
2    "NG9-1-1 costs" means those recurring costs that directly
3relate to the Next Generation 9-1-1 service as determined by
4the Statewide 9-1-1 Advisory Board, including, but not limited
5to, costs for Emergency System Routing Proxy (ESRP), Emergency
6Call Routing Function/Location Validation Function (ECRF/LVF),
7Spatial Information Function (SIF), the Border Control
8Function (BCF), and the Emergency Services Internet Protocol
9networks (ESInets), legacy network gateways, and all
10associated fees, taxes, and surcharges on each invoice.
11    "Private branch exchange" or "PBX" means a private
12telephone system and associated equipment located on the user's
13property that provides communications between internal
14stations and external networks.
15    "Private business switch service" means a
16telecommunications service including centrex type service and
17PBX service, even though key telephone systems or equivalent
18telephone systems registered with the Federal Communications
19Commission under 47 C.F.R. Part 68 are directly connected to
20centrex type and PBX systems providing 9-1-1 services equipped
21for switched local network connections or 9-1-1 system access
22to business end users through a private telephone switch.
23    "Private business switch service" means network and
24premises based systems including a VoIP, Centrex type service,
25or PBX service, even though does not include key telephone
26systems or equivalent telephone systems registered with the

 

 

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1Federal Communications Commission under 47 C.F.R. Part 68 are
2directly connected to Centrex when not used in conjunction with
3centrex type and PBX systems. "Private business switch service"
4does not include key telephone systems or equivalent telephone
5systems registered with the Federal Communications Commission
6under 47 C.F.R. Part 68 when not used in conjunction with a
7VoIP, Centrex type, or PBX systems. "Private business switch
8service" typically includes, but is not limited to, private
9businesses, corporations, and industries where the
10telecommunications service is primarily for conducting
11business.
12    "Private residential switch service" means network and
13premise based systems a telecommunications service including a
14VoIP, Centrex centrex type service, or and PBX service or , even
15though key telephone systems or equivalent telephone systems
16registered with the Federal Communications Commission under 47
17C.F.R. Part 68 that are directly connected to a VoIP, Centrex
18centrex type service, or and PBX systems providing 9-1-1
19services equipped for switched local network connections or
209-1-1 system access to residential end users through a private
21telephone switch. "Private residential switch service" does
22not include key telephone systems or equivalent telephone
23systems registered with the Federal Communications Commission
24under 47 C.F.R. Part 68 when not used in conjunction with a
25VoIP, Centrex centrex type, or and PBX systems. "Private
26residential switch service" typically includes, but is not

 

 

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1limited to, apartment complexes, condominiums, and campus or
2university environments where shared tenant service is
3provided and where the usage of the telecommunications service
4is primarily residential.
5    "Public agency" means the State, and any unit of local
6government or special purpose district located in whole or in
7part within this State, that provides or has authority to
8provide firefighting, police, ambulance, medical, or other
9emergency services.
10    "Public safety agency" means a functional division of a
11public agency that provides firefighting, police, medical, or
12other emergency services to respond to and manage emergency
13incidents. For the purpose of providing wireless service to
14users of 9-1-1 emergency services, as expressly provided for in
15this Act, the Department of State Police may be considered a
16public safety agency.
17    "Public safety answering point" or "PSAP" is a set of
18call-takers authorized by a governing body and operating under
19common management that receive 9-1-1 calls and asynchronous
20event notifications for a defined geographic area and processes
21those calls and events according to a specified operational
22policy means the initial answering location of an emergency
23call.
24    "Qualified governmental entity" means a unit of local
25government authorized to provide 9-1-1 services pursuant to
26this Act where no emergency telephone system board exists.

 

 

10000SB1839ham004- 20 -LRB100 06226 SLF 27386 a

1    "Referral method" means a 9-1-1 service in which the PSAP
2telecommunicator provides the calling party with the telephone
3number of the appropriate public safety agency or other
4provider of emergency services.
5    "Regular service" means any telecommunications service,
6other than advanced service, that is capable of transporting
7either the subscriber's inter-premises voice
8telecommunications services to the public switched network or
9the subscriber's 9-1-1 calls to the public agency.
10    "Relay method" means a 9-1-1 service in which the PSAP
11telecommunicator takes the pertinent information from a caller
12and relays that information to the appropriate public safety
13agency or other provider of emergency services.
14    "Remit period" means the billing period, one month in
15duration, for which a wireless carrier remits a surcharge and
16provides subscriber information by zip code to the Department,
17in accordance with Section 20 of this Act.
18    "Secondary Answering Point" or "SAP" means a location,
19other than a PSAP, that is able to receive the voice, data, and
20call back number of E9-1-1 or NG9-1-1 emergency calls
21transferred from a PSAP and completes the call taking process
22by dispatching police, medical, fire, or other emergency
23responders.
24    "Statewide wireless emergency 9-1-1 system" means all
25areas of the State where an emergency telephone system board
26or, in the absence of an emergency telephone system board, a

 

 

10000SB1839ham004- 21 -LRB100 06226 SLF 27386 a

1qualified governmental entity, has not declared its intention
2for one or more of its public safety answering points to serve
3as a primary wireless 9-1-1 public safety answering point for
4its jurisdiction. The operator of the statewide wireless
5emergency 9-1-1 system shall be the Department of State Police.
6    "System" means the communications equipment and related
7software applications required to produce a response by the
8appropriate emergency public safety agency or other provider of
9emergency services as a result of an emergency call being
10placed to 9-1-1.
11    "System provider" means the contracted entity providing
129-1-1 network and database services.
13    "Telecommunications carrier" means those entities included
14within the definition specified in Section 13-202 of the Public
15Utilities Act, and includes those carriers acting as resellers
16of telecommunications services. "Telecommunications carrier"
17includes telephone systems operating as mutual concerns.
18"Telecommunications carrier" does not include a wireless
19carrier.
20    "Telecommunications technology" means equipment that can
21send and receive written messages over the telephone network.
22    "Transfer method" means a 9-1-1 service in which the PSAP
23telecommunicator receiving a call transfers that call to the
24appropriate public safety agency or other provider of emergency
25services.
26    "Transmitting messages" shall have the meaning given to

 

 

10000SB1839ham004- 22 -LRB100 06226 SLF 27386 a

1that term under Section 8-11-2 of the Illinois Municipal Code.
2    "Trunk line" means a transmission path, or group of
3transmission paths, connecting a subscriber's PBX to a
4telecommunications carrier's public switched network. In the
5case of regular service, each voice grade communications
6channel or equivalent amount of bandwidth capable of
7transporting either the subscriber's inter-premises voice
8telecommunications services to the public switched network or
9the subscriber's 9-1-1 calls to the public agency shall be
10considered a trunk line, even if it is bundled with other
11channels or additional bandwidth. In the case of advanced
12service, each DS-1, T-1, or other similar un-channelized or
13multi-channel transmission facility that is capable of
14transporting either the subscriber's inter-premises voice
15telecommunications services to the public switched network or
16the subscriber's 9-1-1 calls to the public agency shall be
17considered a single trunk line, even if it contains multiple
18voice grade communications channels or otherwise supports 2 or
19more voice grade calls at a time; provided, however, that each
20additional increment of up to 24 voice grade channels 1.544
21Mbps of transmission capacity that is capable of transporting
22either the subscriber's inter-premises voice
23telecommunications services to the public switched network or
24the subscriber's 9-1-1 calls to the public agency shall be
25considered an additional trunk line.
26    "Unmanned backup PSAP" means a public safety answering

 

 

10000SB1839ham004- 23 -LRB100 06226 SLF 27386 a

1point that serves as an alternate to the PSAP at an alternate
2location and is typically unmanned but can be activated if the
3primary PSAP is disabled.
4    "Virtual answering point" or "VAP" means a temporary or
5nonpermanent location that is capable of receiving an emergency
6call, contains a fully functional worksite that is not bound to
7a specific location, but rather is portable and scalable,
8connecting emergency call takers or dispatchers to the work
9process, and is capable of completing the call dispatching
10process.
11    "Voice-impaired individual" means a person with a
12permanent speech disability which precludes oral
13communication, who can regularly and routinely communicate by
14telephone only through the aid of devices which can send and
15receive written messages over the telephone network.
16    "Wireless carrier" means a provider of two-way cellular,
17broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
18Mobile Radio Service (CMRS), Wireless Communications Service
19(WCS), or other Commercial Mobile Radio Service (CMRS), as
20defined by the Federal Communications Commission, offering
21radio communications that may provide fixed, mobile, radio
22location, or satellite communication services to individuals
23or businesses within its assigned spectrum block and
24geographical area or that offers real-time, two-way voice
25service that is interconnected with the public switched
26network, including a reseller of such service.

 

 

10000SB1839ham004- 24 -LRB100 06226 SLF 27386 a

1    "Wireless enhanced 9-1-1" means the ability to relay the
2telephone number of the originator of a 9-1-1 call and location
3information from any mobile handset or text telephone device
4accessing the wireless system to the designated wireless public
5safety answering point as set forth in the order of the Federal
6Communications Commission, FCC Docket No. 94-102, adopted June
712, 1996, with an effective date of October 1, 1996, and any
8subsequent amendment thereto.
9    "Wireless public safety answering point" means the
10functional division of a 9-1-1 authority accepting wireless
119-1-1 calls.
12    "Wireless subscriber" means an individual or entity to whom
13a wireless service account or number has been assigned by a
14wireless carrier, other than an account or number associated
15with prepaid wireless telecommunication service.
16(Source: P.A. 99-6, eff. 1-1-16.)
 
17    (50 ILCS 750/8)  (from Ch. 134, par. 38)
18    (Section scheduled to be repealed on July 1, 2017)
19    Sec. 8. The Administrator, with the advice and
20recommendation of the Statewide 9-1-1 Advisory Board, shall
21coordinate the implementation of systems established under
22this Act. To assist with this coordination, all systems
23authorized to operate under this Act shall register with the
24Administrator information regarding its composition and
25organization, including, but not limited to, identification of

 

 

10000SB1839ham004- 25 -LRB100 06226 SLF 27386 a

1all PSAPs, SAPs, VAPs, Back-up PSAPs, and Unmanned Back-up
2PSAPs. The Department may adopt rules for the administration of
3this Section.
4(Source: P.A. 99-6, eff. 1-1-16.)
 
5    (50 ILCS 750/10)  (from Ch. 134, par. 40)
6    (Section scheduled to be repealed on July 1, 2017)
7    Sec. 10.
8    (a) The Administrator, with the advice and recommendation
9of the Statewide 9-1-1 Advisory Board, shall establish uniform
10technical and operational standards for all 9-1-1 systems in
11Illinois. All findings, orders, decisions, rules, and
12regulations issued or promulgated by the Commission under this
13Act or any other Act establishing or conferring power on the
14Commission with respect to emergency telecommunications
15services, shall continue in force. Notwithstanding the
16provisions of this Section, where applicable, the
17Administrator shall, with the advice and recommendation of the
18Statewide 9-1-1 Advisory Board, amend the Commission's
19findings, orders, decisions, rules, and regulations to conform
20to the specific provisions of this Act as soon as practicable
21after the effective date of this amendatory Act of the 99th
22General Assembly.
23    (b) The Department may adopt emergency rules necessary to
24implement the provisions of this amendatory Act of the 99th
25General Assembly under subsection (t) of Section 5-45 of the

 

 

10000SB1839ham004- 26 -LRB100 06226 SLF 27386 a

1Illinois Administrative Procedure Act.
2    (c) Nothing in this Act shall deprive the Commission of any
3authority to regulate the provision by telecommunication
4carriers or 9-1-1 system service providers of
5telecommunication or other services under the Public Utilities
6Act.
7    (d) For rules that implicate both the regulation of 9-1-1
8authorities under this Act and the regulation of
9telecommunication carriers and 9-1-1 system service providers
10under the Public Utilities Act, the Department and the
11Commission may adopt joint rules necessary for implementation.
12    (e) Any findings, orders, or decisions of the Administrator
13under this Section shall be deemed a final administrative
14decision and shall be subject to judicial review under the
15Administrative Review Law.
16(Source: P.A. 99-6, eff. 1-1-16.)
 
17    (50 ILCS 750/10.3)
18    (Section scheduled to be repealed on July 1, 2017)
19    Sec. 10.3. Notice of address change. The Emergency
20Telephone System Board or qualified governmental entity in any
21county implementing a 9-1-1 system that changes any person's
22address (when the person whose address has changed has not
23moved to a new residence) shall notify the person (i) of the
24person's new address and (ii) that the person should contact
25the local election authority to determine if the person should

 

 

10000SB1839ham004- 27 -LRB100 06226 SLF 27386 a

1re-register to vote.
2(Source: P.A. 90-664, eff. 7-30-98.)
 
3    (50 ILCS 750/12)  (from Ch. 134, par. 42)
4    (Section scheduled to be repealed on July 1, 2017)
5    Sec. 12. The Attorney General may, on in behalf of the
6Department or on his own initiative, commence judicial
7proceedings to enforce compliance by any public agency or
8public utility providing telephone service with this Act.
9(Source: P.A. 99-6, eff. 1-1-16.)
 
10    (50 ILCS 750/14)  (from Ch. 134, par. 44)
11    (Section scheduled to be repealed on July 1, 2017)
12    Sec. 14. The General Assembly declares that a major purpose
13of in enacting this Act is to ensure that 9-1-1 systems have
14redundant methods of dispatch for: (1) each public safety
15agency within its jurisdiction, herein known as participating
16agencies; and (2) 9-1-1 systems whose jurisdictional
17boundaries are contiguous, herein known as adjacent 9-1-1
18systems, when an emergency request for service is received for
19a public safety agency that needs to be dispatched by the
20adjacent 9-1-1 system. Another primary purpose of this Section
21is to eliminate instances in which a public safety agency
22responding emergency service refuses, once dispatched, to
23render aid to the requester because the requester is outside of
24the jurisdictional boundaries of the public safety agency

 

 

10000SB1839ham004- 28 -LRB100 06226 SLF 27386 a

1emergency service. Therefore, in implementing a 9-1-1 system
2systems under this Act, all 9-1-1 authorities public agencies
3in a single system shall enter into call handling and aid
4outside jurisdictional boundaries agreements with each
5participating agency and adjacent 9-1-1 system a joint powers
6agreement or any other form of written cooperative agreement
7which is applicable when need arises on a day-to-day basis.
8Certified notification of the continuation of such agreements
9shall be made among the involved parties on an annual basis. In
10addition, such agreements shall be entered into between public
11agencies and public safety agencies which are part of different
12systems but whose jurisdictional boundaries are contiguous.
13The agreements shall provide a primary and secondary means of
14dispatch. It must also provide that, once an emergency unit is
15dispatched in response to a request through the system, such
16unit shall render its services to the requesting party without
17regard to whether the unit is operating outside its normal
18jurisdictional boundaries. Certified notification of the
19continuation of call handling and aid outside jurisdictional
20boundaries agreements shall be made among the involved parties
21on an annual basis.
22(Source: P.A. 86-101.)
 
23    (50 ILCS 750/15.2a)  (from Ch. 134, par. 45.2a)
24    (Section scheduled to be repealed on July 1, 2017)
25    Sec. 15.2a. The installation of or connection to a

 

 

10000SB1839ham004- 29 -LRB100 06226 SLF 27386 a

1telephone company's network of any automatic alarm, automatic
2alerting device, or mechanical dialer that causes the number
39-1-1 to be dialed in order to directly access emergency
4services is prohibited in a 9-1-1 system.
5    This Section does not apply to a person who connects to a
69-1-1 network using automatic crash notification technology
7subject to an established protocol.
8    This Section does not apply to devices used to enable
9access to the 9-1-1 system for cognitively-impaired or special
10needs persons or for persons with disabilities in an emergency
11situation reported by a caregiver after initiating a missing
12person's report. The device must have the capability to be
13activated and controlled remotely by trained personnel at a
14service center to prevent falsely activated or repeated calls
15to the 9-1-1 system in a single incident. The device must have
16the technical capability to generate location information to
17the 9-1-1 system. Under no circumstances shall a device be sold
18for use in a geographical jurisdiction where the 9-1-1 system
19has not deployed wireless phase II location technology. The
20alerting device shall also provide for either 2-way
21communication or send a pre-recorded message to a 9-1-1
22provider explaining the nature of the emergency so that the
239-1-1 provider will be able to dispatch the appropriate
24emergency responder.
25    Violation of this Section is a Class A misdemeanor. A
26second or subsequent violation of this Section is a Class 4

 

 

10000SB1839ham004- 30 -LRB100 06226 SLF 27386 a

1felony.
2(Source: P.A. 99-143, eff. 7-27-15.)
 
3    (50 ILCS 750/15.3)  (from Ch. 134, par. 45.3)
4    (Section scheduled to be repealed on July 1, 2017)
5    Sec. 15.3. Local non-wireless surcharge.
6    (a) Except as provided in subsection (l) of this Section,
7the corporate authorities of any municipality or any county
8may, subject to the limitations of subsections (c), (d), and
9(h), and in addition to any tax levied pursuant to the
10Simplified Municipal Telecommunications Tax Act, impose a
11monthly surcharge on billed subscribers of network connection
12provided by telecommunication carriers engaged in the business
13of transmitting messages by means of electricity originating
14within the corporate limits of the municipality or county
15imposing the surcharge at a rate per network connection
16determined in accordance with subsection (c), however the
17monthly surcharge shall not apply to a network connection
18provided for use with pay telephone services. Provided,
19however, that where multiple voice grade communications
20channels are connected between the subscriber's premises and a
21public switched network through private branch exchange (PBX)
22or centrex type service, a municipality imposing a surcharge at
23a rate per network connection, as determined in accordance with
24this Act, shall impose:
25        (i) in a municipality with a population of 500,000 or

 

 

10000SB1839ham004- 31 -LRB100 06226 SLF 27386 a

1    less or in any county, 5 such surcharges per network
2    connection, as defined under Section 2 determined in
3    accordance with subsections (a) and (d) of Section 2.12 of
4    this Act, for both regular service and advanced service
5    provisioned trunk lines;
6        (ii) in a municipality with a population, prior to
7    March 1, 2010, of 500,000 or more, 5 surcharges per network
8    connection, as defined under Section 2 determined in
9    accordance with subsections (a) and (d) of Section 2.12 of
10    this Act, for both regular service and advanced service
11    provisioned trunk lines;
12        (iii) in a municipality with a population, as of March
13    1, 2010, of 500,000 or more, 5 surcharges per network
14    connection, as defined under Section 2 determined in
15    accordance with subsections (a) and (d) of Section 2.12 of
16    this Act, for regular service provisioned trunk lines, and
17    12 surcharges per network connection, as defined under
18    Section 2 determined in accordance with subsections (a) and
19    (d) of Section 2.12 of this Act, for advanced service
20    provisioned trunk lines, except where an advanced service
21    provisioned trunk line supports at least 2 but fewer than
22    23 simultaneous voice grade calls ("VGC's"), a
23    telecommunication carrier may elect to impose fewer than 12
24    surcharges per trunk line as provided in subsection (iv) of
25    this Section; or
26        (iv) for an advanced service provisioned trunk line

 

 

 

10000SB1839ham004- 32 -LRB100 06226 SLF 27386 a

1    connected between the subscriber's premises and the public
2    switched network through a P.B.X., where the advanced
3    service provisioned trunk line is capable of transporting
4    at least 2 but fewer than 23 simultaneous VGC's per trunk
5    line, the telecommunications carrier collecting the
6    surcharge may elect to impose surcharges in accordance with
7    the table provided in this Section, without limiting any
8    telecommunications carrier's obligations to otherwise keep
9    and maintain records. Any telecommunications carrier
10    electing to impose fewer than 12 surcharges per an advanced
11    service provisioned trunk line shall keep and maintain
12    records adequately to demonstrate the VGC capability of
13    each advanced service provisioned trunk line with fewer
14    than 12 surcharges imposed, provided that 12 surcharges
15    shall be imposed on an advanced service provisioned trunk
16    line regardless of the VGC capability where a
17    telecommunications carrier cannot demonstrate the VGC
18    capability of the advanced service provisioned trunk line.
 
19Facility VGC's 911 Surcharges
20Advanced service provisioned trunk line 18-23 12
21Advanced service provisioned trunk line 12-17 10
22Advanced service provisioned trunk line 2-11 8
23    Subsections (i), (ii), (iii), and (iv) are not intended to
24make any change in the meaning of this Section, but are

 

 

10000SB1839ham004- 33 -LRB100 06226 SLF 27386 a

1intended to remove possible ambiguity, thereby confirming the
2intent of paragraph (a) as it existed prior to and following
3the effective date of this amendatory Act of the 97th General
4Assembly.
5    For mobile telecommunications services, if a surcharge is
6imposed it shall be imposed based upon the municipality or
7county that encompasses the customer's place of primary use as
8defined in the Mobile Telecommunications Sourcing Conformity
9Act. A municipality may enter into an intergovernmental
10agreement with any county in which it is partially located,
11when the county has adopted an ordinance to impose a surcharge
12as provided in subsection (c), to include that portion of the
13municipality lying outside the county in that county's
14surcharge referendum. If the county's surcharge referendum is
15approved, the portion of the municipality identified in the
16intergovernmental agreement shall automatically be
17disconnected from the county in which it lies and connected to
18the county which approved the referendum for purposes of a
19surcharge on telecommunications carriers.
20    (b) For purposes of computing the surcharge imposed by
21subsection (a), the network connections to which the surcharge
22shall apply shall be those in-service network connections,
23other than those network connections assigned to the
24municipality or county, where the service address for each such
25network connection or connections is located within the
26corporate limits of the municipality or county levying the

 

 

10000SB1839ham004- 34 -LRB100 06226 SLF 27386 a

1surcharge. Except for mobile telecommunication services, the
2"service address" shall mean the location of the primary use of
3the network connection or connections. For mobile
4telecommunication services, "service address" means the
5customer's place of primary use as defined in the Mobile
6Telecommunications Sourcing Conformity Act.
7    (c) Upon the passage of an ordinance to impose a surcharge
8under this Section the clerk of the municipality or county
9shall certify the question of whether the surcharge may be
10imposed to the proper election authority who shall submit the
11public question to the electors of the municipality or county
12in accordance with the general election law; provided that such
13question shall not be submitted at a consolidated primary
14election. The public question shall be in substantially the
15following form:
16-------------------------------------------------------------
17    Shall the county (or city, village
18or incorporated town) of ..... impose          YES
19a surcharge of up to ... per month per
20network connection, which surcharge will
21be added to the monthly bill you receive   ------------------
22for telephone or telecommunications
23charges, for the purpose of installing
24(or improving) a 9-1-1 Emergency               NO
25Telephone System?
26-------------------------------------------------------------

 

 

10000SB1839ham004- 35 -LRB100 06226 SLF 27386 a

1    If a majority of the votes cast upon the public question
2are in favor thereof, the surcharge shall be imposed.
3    However, if a Joint Emergency Telephone System Board is to
4be created pursuant to an intergovernmental agreement under
5Section 15.4, the ordinance to impose the surcharge shall be
6subject to the approval of a majority of the total number of
7votes cast upon the public question by the electors of all of
8the municipalities or counties, or combination thereof, that
9are parties to the intergovernmental agreement.
10    The referendum requirement of this subsection (c) shall not
11apply to any municipality with a population over 500,000 or to
12any county in which a proposition as to whether a sophisticated
139-1-1 Emergency Telephone System should be installed in the
14county, at a cost not to exceed a specified monthly amount per
15network connection, has previously been approved by a majority
16of the electors of the county voting on the proposition at an
17election conducted before the effective date of this amendatory
18Act of 1987.
19    (d) A county may not impose a surcharge, unless requested
20by a municipality, in any incorporated area which has
21previously approved a surcharge as provided in subsection (c)
22or in any incorporated area where the corporate authorities of
23the municipality have previously entered into a binding
24contract or letter of intent with a telecommunications carrier
25to provide sophisticated 9-1-1 service through municipal
26funds.

 

 

10000SB1839ham004- 36 -LRB100 06226 SLF 27386 a

1    (e) A municipality or county may at any time by ordinance
2change the rate of the surcharge imposed under this Section if
3the new rate does not exceed the rate specified in the
4referendum held pursuant to subsection (c).
5    (f) The surcharge authorized by this Section shall be
6collected from the subscriber by the telecommunications
7carrier providing the subscriber the network connection as a
8separately stated item on the subscriber's bill.
9    (g) The amount of surcharge collected by the
10telecommunications carrier shall be paid to the particular
11municipality or county or Joint Emergency Telephone System
12Board not later than 30 days after the surcharge is collected,
13net of any network or other 9-1-1 or sophisticated 9-1-1 system
14charges then due the particular telecommunications carrier, as
15shown on an itemized bill. The telecommunications carrier
16collecting the surcharge shall also be entitled to deduct 3% of
17the gross amount of surcharge collected to reimburse the
18telecommunications carrier for the expense of accounting and
19collecting the surcharge.
20    (h) Except as expressly provided in subsection (a) of this
21Section, on or after the effective date of this amendatory Act
22of the 98th General Assembly and until December 31, 2017, July
231, 2017, a municipality with a population of 500,000 or more
24shall not impose a monthly surcharge per network connection in
25excess of the highest monthly surcharge imposed as of January
261, 2014 by any county or municipality under subsection (c) of

 

 

10000SB1839ham004- 37 -LRB100 06226 SLF 27386 a

1this Section. Beginning January 1, 2018 and until December 31,
22020, a municipality with a population over 500,000 may not
3impose a monthly surcharge in excess of $5.00 per network
4connection. On or after January 1, 2021, July 1, 2017, a
5municipality with a population over 500,000 may not impose a
6monthly surcharge in excess of $2.50 per network connection.
7    (i) Any municipality or county or joint emergency telephone
8system board that has imposed a surcharge pursuant to this
9Section prior to the effective date of this amendatory Act of
101990 shall hereafter impose the surcharge in accordance with
11subsection (b) of this Section.
12    (j) The corporate authorities of any municipality or county
13may issue, in accordance with Illinois law, bonds, notes or
14other obligations secured in whole or in part by the proceeds
15of the surcharge described in this Section. The State of
16Illinois pledges and agrees that it will not limit or alter the
17rights and powers vested in municipalities and counties by this
18Section to impose the surcharge so as to impair the terms of or
19affect the security for bonds, notes or other obligations
20secured in whole or in part with the proceeds of the surcharge
21described in this Section. The pledge and agreement set forth
22in this Section survive the termination of the surcharge under
23subsection (l) by virtue of the replacement of the surcharge
24monies guaranteed under Section 20; the State of Illinois
25pledges and agrees that it will not limit or alter the rights
26vested in municipalities and counties to the surcharge

 

 

10000SB1839ham004- 38 -LRB100 06226 SLF 27386 a

1replacement funds guaranteed under Section 20 so as to impair
2the terms of or affect the security for bonds, notes or other
3obligations secured in whole or in part with the proceeds of
4the surcharge described in this Section.
5    (k) Any surcharge collected by or imposed on a
6telecommunications carrier pursuant to this Section shall be
7held to be a special fund in trust for the municipality, county
8or Joint Emergency Telephone Board imposing the surcharge.
9Except for the 3% deduction provided in subsection (g) above,
10the special fund shall not be subject to the claims of
11creditors of the telecommunication carrier.
12    (l) On and after the effective date of this amendatory Act
13of the 99th General Assembly, no county or municipality, other
14than a municipality with a population over 500,000, may impose
15a monthly surcharge under this Section in excess of the amount
16imposed by it on the effective date of this Act. Any surcharge
17imposed pursuant to this Section by a county or municipality,
18other than a municipality with a population in excess of
19500,000, shall cease to be imposed on January 1, 2016.
20(Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)
 
21    (50 ILCS 750/15.3a)
22    (Section scheduled to be repealed on July 1, 2017)
23    Sec. 15.3a. Local wireless surcharge.
24    (a) Notwithstanding any other provision of this Act, a unit
25of local government or emergency telephone system board

 

 

10000SB1839ham004- 39 -LRB100 06226 SLF 27386 a

1providing wireless 9-1-1 service and imposing and collecting a
2wireless carrier surcharge prior to July 1, 1998 may continue
3its practices of imposing and collecting its wireless carrier
4surcharge, but, except as provided in subsection (b) of this
5Section, in no event shall that monthly surcharge exceed $2.50
6per commercial mobile radio service (CMRS) connection or
7in-service telephone number billed on a monthly basis. For
8mobile telecommunications services provided on and after
9August 1, 2002, any surcharge imposed shall be imposed based
10upon the municipality or county that encompasses the customer's
11place of primary use as defined in the Mobile
12Telecommunications Sourcing Conformity Act.
13    (b) Until December 31, 2017, July 1, 2017, the corporate
14authorities of a municipality with a population in excess of
15500,000 on the effective date of this amendatory Act of the
1699th General Assembly may by ordinance continue to impose and
17collect a monthly surcharge per commercial mobile radio service
18(CMRS) connection or in-service telephone number billed on a
19monthly basis that does not exceed the highest monthly
20surcharge imposed as of January 1, 2014 by any county or
21municipality under subsection (c) of Section 15.3 of this Act.
22Beginning January 1, 2018, and until December 31, 2020, a
23municipality with a population in excess of 500,000 may by
24ordinance continue to impose and collect a monthly surcharge
25per commercial mobile radio service (CMRS) connection or
26in-service telephone number billed on a monthly basis that does

 

 

10000SB1839ham004- 40 -LRB100 06226 SLF 27386 a

1not exceed $5.00. On or after January 1, 2021, July 1, 2017,
2the municipality may continue imposing and collecting its
3wireless carrier surcharge as provided in and subject to the
4limitations of subsection (a) of this Section.
5    (c) In addition to any other lawful purpose, a municipality
6with a population over 500,000 may use the moneys collected
7under this Section for any anti-terrorism or emergency
8preparedness measures, including, but not limited to,
9preparedness planning, providing local matching funds for
10federal or State grants, personnel training, and specialized
11equipment, including surveillance cameras, as needed to deal
12with natural and terrorist-inspired emergency situations or
13events.
14(Source: P.A. 99-6, eff. 1-1-16.)
 
15    (50 ILCS 750/15.4)  (from Ch. 134, par. 45.4)
16    (Section scheduled to be repealed on July 1, 2017)
17    Sec. 15.4. Emergency Telephone System Board; powers.
18    (a) Except as provided in subsection (e) of this Section,
19the corporate authorities of any county or municipality may
20establish an Emergency Telephone System Board.
21    The corporate authorities shall provide for the manner of
22appointment and the number of members of the Board, provided
23that the board shall consist of not fewer than 5 members, one
24of whom must be a public member who is a resident of the local
25exchange service territory included in the 9-1-1 coverage area,

 

 

10000SB1839ham004- 41 -LRB100 06226 SLF 27386 a

1one of whom (in counties with a population less than 100,000)
2may be a member of the county board, and at least 3 of whom
3shall be representative of the 9-1-1 public safety agencies,
4including but not limited to police departments, fire
5departments, emergency medical services providers, and
6emergency services and disaster agencies, and appointed on the
7basis of their ability or experience. In counties with a
8population of more than 100,000 but less than 2,000,000, a
9member of the county board may serve on the Emergency Telephone
10System Board. Elected officials, including members of a county
11board, are also eligible to serve on the board. Members of the
12board shall serve without compensation but shall be reimbursed
13for their actual and necessary expenses. Any 2 or more
14municipalities, counties, or combination thereof, may, instead
15of establishing individual boards, establish by
16intergovernmental agreement a Joint Emergency Telephone System
17Board pursuant to this Section. The manner of appointment of
18such a joint board shall be prescribed in the agreement. On or
19after the effective date of this amendatory Act of the 100th
20General Assembly, any new intergovernmental agreement entered
21into to establish or join a Joint Emergency Telephone System
22Board shall provide for the appointment of a PSAP
23representative to the board.
24    Upon the effective date of this amendatory Act of the 98th
25General Assembly, appointed members of the Emergency Telephone
26System Board shall serve staggered 3-year terms if: (1) the

 

 

10000SB1839ham004- 42 -LRB100 06226 SLF 27386 a

1Board serves a county with a population of 100,000 or less; and
2(2) appointments, on the effective date of this amendatory Act
3of the 98th General Assembly, are not for a stated term. The
4corporate authorities of the county or municipality shall
5assign terms to the board members serving on the effective date
6of this amendatory Act of the 98th General Assembly in the
7following manner: (1) one-third of board members' terms shall
8expire on January 1, 2015; (2) one-third of board members'
9terms shall expire on January 1, 2016; and (3) remaining board
10members' terms shall expire on January 1, 2017. Board members
11may be re-appointed upon the expiration of their terms by the
12corporate authorities of the county or municipality.
13    The corporate authorities of a county or municipality may,
14by a vote of the majority of the members elected, remove an
15Emergency Telephone System Board member for misconduct,
16official misconduct, or neglect of office.
17    (b) The powers and duties of the board shall be defined by
18ordinance of the municipality or county, or by
19intergovernmental agreement in the case of a joint board. The
20powers and duties shall include, but need not be limited to the
21following:
22        (1) Planning a 9-1-1 system.
23        (2) Coordinating and supervising the implementation,
24    upgrading, or maintenance of the system, including the
25    establishment of equipment specifications and coding
26    systems.

 

 

10000SB1839ham004- 43 -LRB100 06226 SLF 27386 a

1        (3) Receiving moneys from the surcharge imposed under
2    Section 15.3, or disbursed to it under Section 30, and from
3    any other source, for deposit into the Emergency Telephone
4    System Fund.
5        (4) Authorizing all disbursements from the fund.
6        (5) Hiring any staff necessary for the implementation
7    or upgrade of the system.
8        (6) (Blank).
9    (c) All moneys received by a board pursuant to a surcharge
10imposed under Section 15.3, or disbursed to it under Section
1130, shall be deposited into a separate interest-bearing
12Emergency Telephone System Fund account. The treasurer of the
13municipality or county that has established the board or, in
14the case of a joint board, any municipal or county treasurer
15designated in the intergovernmental agreement, shall be
16custodian of the fund. All interest accruing on the fund shall
17remain in the fund. No expenditures may be made from such fund
18except upon the direction of the board by resolution passed by
19a majority of all members of the board.
20    (d) The board shall complete a Master Street Address Guide
21database before implementation of the 9-1-1 system. The error
22ratio of the database shall not at any time exceed 1% of the
23total database.
24    (e) On and after January 1, 2016, no municipality or county
25may create an Emergency Telephone System Board unless the board
26is a Joint Emergency Telephone System Board. The corporate

 

 

10000SB1839ham004- 44 -LRB100 06226 SLF 27386 a

1authorities of any county or municipality entering into an
2intergovernmental agreement to create or join a Joint Emergency
3Telephone System Board shall rescind an the ordinance or
4ordinances creating a single the original Emergency Telephone
5System Board and shall eliminate the single Emergency Telephone
6System Board, effective upon the creation of the Joint
7Emergency Telephone System Board, with regulatory approval by
8the Administrator, or joining of the Joint Emergency Telephone
9System Board. Nothing in this Section shall be construed to
10require the dissolution of an Emergency Telephone System Board
11that is not succeeded by a Joint Emergency Telephone System
12Board or is not required to consolidate under Section 15.4a of
13this Act.
14    (f) Within one year after the effective date of this
15amendatory Act of the 100th General Assembly, any corporate
16authorities of a county or municipality, other than a
17municipality with a population of more than 500,000, operating
18a 9-1-1 system without an Emergency Telephone System Board or
19Joint Emergency Telephone System Board shall create or join a
20Joint Emergency Telephone System Board.
21(Source: P.A. 98-481, eff. 8-16-13; 99-6, eff. 1-1-16.)
 
22    (50 ILCS 750/15.4a)
23    (Section scheduled to be repealed on July 1, 2017)
24    Sec. 15.4a. Consolidation.
25    (a) By July 1, 2017, and except as otherwise provided in

 

 

10000SB1839ham004- 45 -LRB100 06226 SLF 27386 a

1this Section, Emergency Telephone System Boards, Joint
2Emergency Telephone System Boards, qualified governmental
3entities, and PSAPs shall be consolidated as follows, subject
4to subsections (b) and (c) of this Section:
5        (1) In any county with a population of at least 250,000
6    that has a single Emergency Telephone System Board, or
7    qualified governmental entity and more than 2 PSAPs, shall
8    reduce the number of PSAPs by at least 50% or to 2 PSAPs,
9    whichever is greater. Nothing in this paragraph shall
10    preclude consolidation resulting in one PSAP in the county.
11        (2) In any county with a population of at least 250,000
12    that has more than one Emergency Telephone System Board,
13    Joint Emergency Telephone System Board, or qualified
14    governmental entity, any 9-1-1 Authority serving a
15    population of less than 25,000 shall be consolidated such
16    that no 9-1-1 Authority in the county serves a population
17    of less than 25,000.
18        (3) In any county with a population of at least 250,000
19    but less than 1,000,000 that has more than one Emergency
20    Telephone System Board, Joint Emergency Telephone System
21    Board, or qualified governmental entity, each 9-1-1
22    Authority shall reduce the number of PSAPs by at least 50%
23    or to 2 PSAPs, whichever is greater. Nothing in this
24    paragraph shall preclude consolidation of a 9-1-1
25    Authority into a Joint Emergency Telephone System Board,
26    and nothing in this paragraph shall preclude consolidation

 

 

10000SB1839ham004- 46 -LRB100 06226 SLF 27386 a

1    resulting in one PSAP in the county.
2        (4) In any county with a population of less than
3    250,000 that has a single Emergency Telephone System Board
4    or qualified governmental entity and more than 2 PSAPs, the
5    9-1-1 Authority shall reduce the number of PSAPs by at
6    least 50% or to 2 PSAPs, whichever is greater. Nothing in
7    this paragraph shall preclude consolidation resulting in
8    one PSAP in the county.
9        (5) In any county with a population of less than
10    250,000 that has more than one Emergency Telephone System
11    Board, Joint Emergency Telephone System Board, or
12    qualified governmental entity and more than 2 PSAPS, the
13    9-1-1 Authorities shall be consolidated into a single joint
14    board, and the number of PSAPs shall be reduced by at least
15    50% or to 2 PSAPs, whichever is greater. Nothing in this
16    paragraph shall preclude consolidation resulting in one
17    PSAP in the county.
18        (6) Any 9-1-1 Authority that does not have a PSAP
19    within its jurisdiction shall be consolidated through an
20    intergovernmental agreement with an existing 9-1-1
21    Authority that has a PSAP to create a Joint Emergency
22    Telephone Board.
23        (7) The corporate authorities of each county that has
24    no 9-1-1 service as of January 1, 2016 shall provide
25    enhanced 9-1-1 wireline and wireless enhanced 9-1-1
26    service for that county by either (i) entering into an

 

 

10000SB1839ham004- 47 -LRB100 06226 SLF 27386 a

1    intergovernmental agreement with an existing Emergency
2    Telephone System Board to create a new Joint Emergency
3    Telephone System Board, or (ii) entering into an
4    intergovernmental agreement with the corporate authorities
5    that have created an existing Joint Emergency Telephone
6    System Board.
7    (b) By July 1, 2016, each county required to consolidate
8pursuant to paragraph (7) of subsection (a) of this Section and
9each 9-1-1 Authority required to consolidate pursuant to
10paragraphs (1) through (6) of subsection (a) of this Section
11shall file a plan for consolidation or a request for a waiver
12pursuant to subsection (c) of this Section with the Office
13Division of the Statewide 9-1-1 Administrator.
14        (1) No county or 9-1-1 Authority may avoid the
15    requirements of this Section by converting primary PSAPs to
16    secondary or virtual answering points. Any county or 9-1-1
17    Authority not in compliance with this Section shall be
18    ineligible to receive consolidation grant funds issued
19    under Section 15.4b of this Act or monthly disbursements
20    otherwise due under Section 30 of this Act, until the
21    county or 9-1-1 Authority is in compliance.
22        (2) Within 60 calendar days of receiving a
23    consolidation plan, the Statewide 9-1-1 Advisory Board
24    shall hold at least one public hearing on the plan and
25    provide a recommendation to the Administrator. Notice of
26    the hearing shall be provided to the respective entity to

 

 

10000SB1839ham004- 48 -LRB100 06226 SLF 27386 a

1    which the plan applies.
2        (3) Within 90 calendar days of receiving a
3    consolidation plan, the Administrator shall approve the
4    plan, approve the plan as modified, or grant a waiver
5    pursuant to subsection (c) of this Section. In making his
6    or her decision, the Administrator shall consider any
7    recommendation from the Statewide 9-1-1 Advisory Board
8    regarding the plan. If the Administrator does not follow
9    the recommendation of the Board, the Administrator shall
10    provide a written explanation for the deviation in his or
11    her decision.
12        (4) The deadlines provided in this subsection may be
13    extended upon agreement between the Administrator and
14    entity which submitted the plan.
15    (c) A waiver from a consolidation required under subsection
16(a) of this Section may be granted if the Administrator finds
17that the consolidation will result in a substantial threat to
18public safety, is economically unreasonable, or is technically
19infeasible.
20    (d) Any decision of the Administrator under this Section
21shall be deemed a final administrative decision and shall be
22subject to judicial review under the Administrative Review Law.
23(Source: P.A. 99-6, eff. 1-1-16.)
 
24    (50 ILCS 750/15.4b)
25    (Section scheduled to be repealed on July 1, 2017)

 

 

10000SB1839ham004- 49 -LRB100 06226 SLF 27386 a

1    Sec. 15.4b. Consolidation grants.
2    (a) The Administrator, with the advice and recommendation
3of the Statewide 9-1-1 Advisory Board, shall administer a 9-1-1
4System Consolidation Grant Program to defray costs associated
5with 9-1-1 system consolidation of systems outside of a
6municipality with a population in excess of 500,000. The
7awarded grants will be used to offset non-recurring costs
8associated with the consolidation of 9-1-1 systems and shall
9not be used for ongoing operating costs associated with the
10consolidated system. The Department, in consultation with the
11Administrator and the Statewide 9-1-1 Advisory Board, shall
12adopt rules defining the grant process and criteria for issuing
13the grants. The grants should be awarded based on criteria that
14include, but are not limited to:
15        (1) reducing the number of transfers of a 9-1-1 call;
16        (2) reducing the infrastructure required to adequately
17    provide 9-1-1 network services;
18        (3) promoting cost savings from resource sharing among
19    9-1-1 systems;
20        (4) facilitating interoperability and resiliency for
21    the receipt of 9-1-1 calls;
22        (5) reducing the number of 9-1-1 systems or reducing
23    the number of PSAPs within a 9-1-1 system;
24        (6) cost saving resulting from 9-1-1 system
25    consolidation; and
26        (7) expanding E9-1-1 service coverage as a result of

 

 

10000SB1839ham004- 50 -LRB100 06226 SLF 27386 a

1    9-1-1 system consolidation including to areas without
2    E9-1-1 service.
3    Priority shall be given first to counties not providing
49-1-1 service as of January 1, 2016, and next to other entities
5consolidating as required under Section 15.4a of this Act.
6    (b) The 9-1-1 System Consolidation Grant application, as
7defined by Department rules, shall be submitted electronically
8to the Administrator starting January 2, 2016, and every
9January 2 thereafter. The application shall include a modified
109-1-1 system plan as required by this Act in support of the
11consolidation plan. The Administrator shall have until June 30,
122016 and every June 30 thereafter to approve 9-1-1 System
13Consolidation grants and modified 9-1-1 system plans. Payment
14under the approved 9-1-1 System Consolidation grants shall be
15contingent upon the final approval of a modified 9-1-1 system
16plan.
17    (c) Existing and previously completed consolidation
18projects shall be eligible to apply for reimbursement of costs
19related to the consolidation incurred between 2010 and the
20State fiscal year of the application.
21    (d) The 9-1-1 systems that receive grants under this
22Section shall provide a report detailing grant fund usage to
23the Administrator pursuant to Section 40 of this Act.
24(Source: P.A. 99-6, eff. 1-1-16.)
 
25    (50 ILCS 750/15.6a)

 

 

10000SB1839ham004- 51 -LRB100 06226 SLF 27386 a

1    (Section scheduled to be repealed on July 1, 2017)
2    Sec. 15.6a. Wireless emergency 9-1-1 service.
3    (a) The digits "9-1-1" shall be the designated emergency
4telephone number within the wireless system.
5    (b) The Department may set non-discriminatory and uniform
6technical and operational standards consistent with the rules
7of the Federal Communications Commission for directing calls to
8authorized public safety answering points. These standards
9shall not in any way prescribe the technology or manner a
10wireless carrier shall use to deliver wireless 9-1-1 or
11wireless E9-1-1 calls, and these standards shall not exceed the
12requirements set by the Federal Communications Commission;
13however, standards for directing calls to the authorized public
14safety answering point shall be included. The authority given
15to the Department in this Section is limited to setting
16standards as set forth herein and does not constitute authority
17to regulate wireless carriers.
18    (c) For the purpose of providing wireless 9-1-1 emergency
19services, an emergency telephone system board or, in the
20absence of an emergency telephone system board, a qualified
21governmental entity, may declare its intention for one or more
22of its public safety answering points to serve as a primary
23wireless 9-1-1 public safety answering point for its
24jurisdiction by notifying the Administrator in writing within 6
25months after receiving its authority to operate a 9-1-1 system
26under this Act. In addition, 2 or more emergency telephone

 

 

10000SB1839ham004- 52 -LRB100 06226 SLF 27386 a

1system boards or qualified governmental entities may, by virtue
2of an intergovernmental agreement, provide wireless 9-1-1
3service. Until the jurisdiction comes into compliance with
4Section 15.4a of this Act, the The Department of State Police
5shall be the primary wireless 9-1-1 public safety answering
6point for any jurisdiction that did not provide notice to the
7Illinois Commerce Commission and the Department prior to
8January 1, 2016.
9    (d) The Administrator, upon a request from a qualified
10governmental entity or an emergency telephone system board and
11with the advice and recommendation of the Statewide 9-1-1
12Advisory Board, may grant authority to the emergency telephone
13system board or a qualified governmental entity to provide
14wireless 9-1-1 service in areas for which the Department has
15accepted wireless 9-1-1 responsibility. The Administrator
16shall maintain a current list of all 9-1-1 systems and
17qualified governmental entities providing wireless 9-1-1
18service under this Act.
19(Source: P.A. 99-6, eff. 1-1-16.)
 
20    (50 ILCS 750/17.5 new)
21    Sec. 17.5. 9-1-1 call transfer, forward, or relay.
22    (a) The General Assembly finds the following:
23        (1) Some 9-1-1 systems throughout this State do not
24    have a procedure in place to manually transfer, forward, or
25    relay 9-1-1 calls originating within one 9-1-1 system's

 

 

10000SB1839ham004- 53 -LRB100 06226 SLF 27386 a

1    jurisdiction, but which should properly be answered and
2    dispatched by another 9-1-1 system, to the appropriate
3    9-1-1 system for answering and dispatch of first
4    responders.
5        (2) On January 1, 2016, the General Assembly gave
6    oversight authority of 9-1-1 systems to the Department of
7    State Police.
8        (3) Since that date, the Department of State Police has
9    authorized individual 9-1-1 systems in counties and
10    municipalities to implement and upgrade enhanced 9-1-1
11    systems throughout the State.
12    (b) The Department shall prepare a directory of all
13authorized 9-1-1 systems in the State. The directory shall
14include an emergency 24/7 10-digit telephone number for all
15primary public safety answering points located in each 9-1-1
16system to which 9-1-1 calls from another jurisdiction can be
17transferred. This directory shall be made available to each
189-1-1 authority for its use in establishing standard operating
19procedures regarding calls outside its 9-1-1 jurisdiction.
20    (c) Each 9-1-1 system shall provide the Department with the
21following information:
22        (1) The name of the PSAP, a list of every participating
23    agency, and the county the PSAP is in, including college
24    and university public safety entities.
25        (2) The 24/7 10-digit emergency telephone number and
26    email address for the dispatch agency to which 9-1-1 calls

 

 

10000SB1839ham004- 54 -LRB100 06226 SLF 27386 a

1    originating in another 9-1-1 jurisdiction can be
2    transferred or by which the PSAP can be contacted via email
3    to exchange information. Each 9-1-1 system shall provide
4    the Department with any changes to the participating
5    agencies and this number and email address immediately upon
6    the change occurring. Each 9-1-1 system shall provide the
7    PSAP information, the 24/7 10-digit emergency telephone
8    number and email address to the Manager of the Department's
9    9-1-1 Program within 30 days of the effective date of this
10    amendatory Act of the 100th General Assembly.
11        (3) The standard operating procedure describing the
12    manner in which the 9-1-1 system will transfer, forward, or
13    relay 9-1-1 calls originating within its jurisdiction, but
14    which should properly be answered and dispatched by another
15    9-1-1 system, to the appropriate 9-1-1 system. Each 9-1-1
16    system shall provide the standard operating procedures to
17    the Manager of the Department's 9-1-1 Program within 180
18    days after the effective date of this amendatory Act of the
19    100th General Assembly.
 
20    (50 ILCS 750/19)
21    (Section scheduled to be repealed on July 1, 2017)
22    Sec. 19. Statewide 9-1-1 Advisory Board.
23    (a) Beginning July 1, 2015, there is created the Statewide
249-1-1 Advisory Board within the Department of State Police. The
25Board shall consist of the following 11 voting members:

 

 

10000SB1839ham004- 55 -LRB100 06226 SLF 27386 a

1        (1) The Director of the State Police, or his or her
2    designee, who shall serve as chairman.
3        (2) The Executive Director of the Commission, or his or
4    her designee.
5        (3) Nine members appointed by the Governor as follows:
6            (A) one member representing the Illinois chapter
7        of the National Emergency Number Association, or his or
8        her designee;
9            (B) one member representing the Illinois chapter
10        of the Association of Public-Safety Communications
11        Officials, or his or her designee;
12            (C) one member representing a county 9-1-1 system
13        from a county with a population of less than 50,000;
14            (D) one member representing a county 9-1-1 system
15        from a county with a population between 50,000 and
16        250,000;
17            (E) one member representing a county 9-1-1 system
18        from a county with a population of more than 250,000;
19            (F) one member representing a municipality with a
20        population of less than 500,000 in a county with a
21        population in excess of 2,000,000;
22            (G) one member representing the Illinois
23        Association of Chiefs of Police;
24            (H) one member representing the Illinois Sheriffs'
25        Association; and
26            (I) one member representing the Illinois Fire

 

 

10000SB1839ham004- 56 -LRB100 06226 SLF 27386 a

1        Chiefs Association.
2    The Governor shall appoint the following non-voting
3members: (i) one member representing an incumbent local
4exchange 9-1-1 system provider; (ii) one member representing a
5non-incumbent local exchange 9-1-1 system provider; (iii) one
6member representing a large wireless carrier; (iv) one member
7representing an incumbent local exchange a small wireless
8carrier; and (v) one member representing the Illinois
9Telecommunications Association; (vi) one member representing
10the Cable Television and Communication Association of
11Illinois; and (vii) one member representing the Illinois State
12Ambulance Association. The Speaker of the House of
13Representatives, the Minority Leader of the House of
14Representatives, the President of the Senate, and the Minority
15Leader of the Senate may each appoint a member of the General
16Assembly to temporarily serve as a non-voting member of the
17Board during the 12 months prior to the repeal date of this Act
18to discuss legislative initiatives of the Board.
19    (b) The Governor shall make initial appointments to the
20Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the
21voting members appointed by the Governor shall serve an initial
22term of 2 years, and the remaining voting members appointed by
23the Governor shall serve an initial term of 3 years.
24Thereafter, each appointment by the Governor shall be for a
25term of 3 years. Non-voting members shall serve for a term of 3
26years. Vacancies shall be filled in the same manner as the

 

 

10000SB1839ham004- 57 -LRB100 06226 SLF 27386 a

1original appointment. Persons appointed to fill a vacancy shall
2serve for the balance of the unexpired term.
3    Members of the Statewide 9-1-1 Advisory Board shall serve
4without compensation.
5    (c) The 9-1-1 Services Advisory Board, as constituted on
6June 1, 2015 without the legislative members, shall serve in
7the role of the Statewide 9-1-1 Advisory Board until all
8appointments of voting members have been made by the Governor
9under subsection (a) of this Section.
10    (d) The Statewide 9-1-1 Advisory Board shall:
11        (1) advise the Department of State Police and the
12    Statewide 9-1-1 Administrator on the oversight of 9-1-1
13    systems and the development and implementation of a uniform
14    statewide 9-1-1 system;
15        (2) make recommendations to the Governor and the
16    General Assembly regarding improvements to 9-1-1 services
17    throughout the State; and
18        (3) exercise all other powers and duties provided in
19    this Act.
20    (e) The Statewide 9-1-1 Advisory Board shall submit to the
21General Assembly a report by March 1 of each year providing an
22update on the transition to a statewide 9-1-1 system and
23recommending any legislative action.
24    (f) The Department of State Police shall provide
25administrative support to the Statewide 9-1-1 Advisory Board.
26(Source: P.A. 99-6, eff. 6-29-15.)
 

 

 

10000SB1839ham004- 58 -LRB100 06226 SLF 27386 a

1    (50 ILCS 750/20)
2    (Section scheduled to be repealed on July 1, 2017)
3    Sec. 20. Statewide surcharge.
4    (a) On and after January 1, 2016, and except with respect
5to those customers who are subject to surcharges as provided in
6Sections 15.3 and 15.3a of this Act, a monthly surcharge shall
7be imposed on all customers of telecommunications carriers and
8wireless carriers as follows:
9        (1) Each telecommunications carrier shall impose a
10    monthly surcharge of $0.87 per network connection;
11    provided, however, the monthly surcharge shall not apply to
12    a network connection provided for use with pay telephone
13    services. Where multiple voice grade communications
14    channels are connected between the subscriber's premises
15    and a public switched network through private branch
16    exchange (PBX), or centrex type service, or other multiple
17    voice grade communication channels facility, there shall
18    be imposed 5 such surcharges per network connection for
19    both regular service and advanced service provisioned
20    trunk lines.Until December 31, 2017, the surcharge shall be
21    $0.87 per network connection and on and after January 1,
22    2018, the surcharge shall be $1.50 per network connection.
23        (2) Each wireless carrier shall impose and collect a
24    monthly surcharge of $0.87 per CMRS connection that either
25    has a telephone number within an area code assigned to

 

 

10000SB1839ham004- 59 -LRB100 06226 SLF 27386 a

1    Illinois by the North American Numbering Plan
2    Administrator or has a billing address in this State. Until
3    December 31, 2017, the surcharge shall be $0.87 per
4    connection and on and after January 1, 2018, the surcharge
5    shall be $1.50 per connection.
6    (b) State and local taxes shall not apply to the surcharges
7imposed under this Section.
8    (c) The surcharges imposed by this Section shall be stated
9as a separately stated item on subscriber bills.
10    (d) The telecommunications carrier collecting the
11surcharge may deduct and retain an amount not to exceed shall
12also be entitled to deduct 3% of the gross amount of surcharge
13collected to reimburse the telecommunications carrier for the
14expense of accounting and collecting the surcharge. On and
15after July 1, 2022, the wireless carrier collecting a surcharge
16under this Section may deduct and retain an amount not to
17exceed shall be entitled to deduct up to 3% of the gross amount
18of the surcharge collected to reimburse the wireless carrier
19for the expense of accounting and collecting the surcharge.
20    (e) Surcharges imposed under this Section shall be
21collected by the carriers and, shall be remitted to the
22Department, within 30 days of collection, remitted, either by
23check or electronic funds transfer, by the end of the next
24calendar month after the calendar month in which it was
25collected to the Department for deposit into the Statewide
269-1-1 Fund. Carriers are not required to remit surcharge moneys

 

 

10000SB1839ham004- 60 -LRB100 06226 SLF 27386 a

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

 

 

10000SB1839ham004- 61 -LRB100 06226 SLF 27386 a

1that month that the delinquent amount was paid in full. Any
2penalty imposed under this subsection (f) is in addition to the
3amount of the delinquency and is in addition to any other
4penalty imposed under this Section.
5    (g) If, within 8 calendar 5 business days after it is due,
6a wireless carrier does not provide the number of subscribers
7by zip code as required under subsection (e) of this Section,
8then the report is deemed delinquent and the Department may
9impose a penalty against the carrier in an amount equal to the
10greater of:
11        (1) $25 for each month or portion of a month that the
12    report is delinquent; or
13        (2) an amount equal to the product of $0.01 and the
14    number of subscribers served by the carrier for each month
15    or portion of a month that the delinquent report is not
16    provided.
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

 

 

10000SB1839ham004- 62 -LRB100 06226 SLF 27386 a

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.

 

 

10000SB1839ham004- 63 -LRB100 06226 SLF 27386 a

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 and availability of funds, the
19Department shall distribute the 9-1-1 surcharges monthly as
20follows:
21        (1) From each surcharge collected and remitted under
22    Section 20 of this Act:
23            (A) $0.013 shall be distributed monthly in equal
24        amounts to each County Emergency Telephone System
25        Board or qualified governmental entity in counties
26        with a population under 100,000 according to the most

 

 

10000SB1839ham004- 64 -LRB100 06226 SLF 27386 a

1        recent census data which is authorized to serve as a
2        primary wireless 9-1-1 public safety answering point
3        for the county and to provide wireless 9-1-1 service as
4        prescribed by subsection (b) of Section 15.6a of this
5        Act, and which does provide such service.
6            (B) $0.033 shall be transferred by the Comptroller
7        at the direction of the Department to the Wireless
8        Carrier Reimbursement Fund until June 30, 2017; from
9        July 1, 2017 through June 30, 2018, $0.026 shall be
10        transferred; from July 1, 2018 through June 30, 2019,
11        $0.020 shall be transferred; from July 1, 2019, through
12        June 30, 2020, $0.013 shall be transferred; from July
13        1, 2020 through June 30, 2021, $0.007 will be
14        transferred; and after June 30, 2021, no transfer shall
15        be made to the Wireless Carrier Reimbursement Fund.
16            (C) Until December 31, 2017, $0.007 and on and
17        after January 1, 2018, $0.017 shall be used to cover
18        the Department's administrative costs.
19            (D) Beginning January 1, 2018, until June 30, 2020,
20        $0.12, and on and after July 1, 2020, $0.04 shall be
21        used to make monthly proportional grants to the
22        appropriate 9-1-1 Authority currently taking wireless
23        9-1-1 based upon the United States Postal Zip Code of
24        the billing addresses of subscribers wireless
25        carriers.
26            (E) Until June 30, 2020, $0.05 shall be used by the

 

 

10000SB1839ham004- 65 -LRB100 06226 SLF 27386 a

1        Department for grants for NG9-1-1 expenses, with
2        priority given to 9-1-1 Authorities that provide 9-1-1
3        service within the territory of a Large Electing
4        Provider as defined in Section 13-406.1 of the Public
5        Utilities Act.
6            (F) On and after July 1, 2020, $0.13 shall be used
7        for the implementation of and continuing expenses for
8        the Statewide NG9-1-1 system.
9        (2) After disbursements under paragraph (1) of this
10    subsection (b), all remaining funds in the Statewide 9-1-1
11    Fund shall be disbursed in the following priority order:
12            (A) The Fund shall will pay monthly to:
13                (i) the 9-1-1 Authorities that imposed
14            surcharges under Section 15.3 of this Act and were
15            required to report to the Illinois Commerce
16            Commission under Section 27 of the Wireless
17            Emergency Telephone Safety Act on October 1, 2014,
18            except a 9-1-1 Authority in a municipality with a
19            population in excess of 500,000, an amount equal to
20            the average monthly wireline and VoIP surcharge
21            revenue attributable to the most recent 12-month
22            period reported to the Department under that
23            Section for the October 1, 2014 filing, subject to
24            the power of the Department to investigate the
25            amount reported and adjust the number by order
26            under Article X of the Public Utilities Act, so

 

 

10000SB1839ham004- 66 -LRB100 06226 SLF 27386 a

1            that the monthly amount paid under this item
2            accurately reflects one-twelfth of the aggregate
3            wireline and VoIP surcharge revenue properly
4            attributable to the most recent 12-month period
5            reported to the Commission; or
6                (ii) county qualified governmental entities
7            that did not impose a surcharge under Section 15.3
8            as of December 31, 2015, and counties that did not
9            impose a surcharge as of June 30, 2015, an amount
10            equivalent to their population multiplied by .37
11            multiplied by the rate of $0.69; counties that are
12            not county qualified governmental entities and
13            that did not impose a surcharge as of December 31,
14            2015, shall not begin to receive the payment
15            provided for in this subsection until E9-1-1 and
16            wireless E9-1-1 services are provided within their
17            counties; or
18                (iii) counties without 9-1-1 service that had
19            a surcharge in place by December 31, 2015, an
20            amount equivalent to their population multiplied
21            by .37 multiplied by their surcharge rate as
22            established by the referendum.
23            (B) All 9-1-1 network costs for systems outside of
24        municipalities with a population of at least 500,000
25        shall be paid by the Department directly to the
26        vendors.

 

 

10000SB1839ham004- 67 -LRB100 06226 SLF 27386 a

1            (C) All expenses incurred by the Administrator and
2        the Statewide 9-1-1 Advisory Board and costs
3        associated with procurement under Section 15.6b
4        including requests for information and requests for
5        proposals.
6            (D) Funds may be held in reserve by the Statewide
7        9-1-1 Advisory Board and disbursed by the Department
8        for grants under Section 15.4b of this Act Sections
9        15.4a, 15.4b, and for NG9-1-1 expenses up to $12.5
10        million per year in State fiscal years 2016 and 2017;
11        up to $20 $13.5 million in State fiscal year 2018; up
12        to $20.9 $14.4 million in State fiscal year 2019; up to
13        $15.3 million in State fiscal year 2020; up to $16.2
14        million in State fiscal year 2021; up to $23.1 million
15        in State fiscal year 2022; and up to $17.0 million per
16        year for State fiscal year 2023 and each year
17        thereafter. The amount held in reserve in State fiscal
18        years 2018 and 2019 shall not be less than $6.5
19        million. Disbursements under this subparagraph (D)
20        shall be prioritized as follows: (i) consolidation
21        grants prioritized under subsection (a) of Section
22        15.4b of this Act; (ii) NG 9-1-1 expenses; and (iii)
23        consolidation grants under Section 15.4b of this Act
24        for consolidation expenses incurred between January 1,
25        2010, and January 1, 2016.
26            (E) All remaining funds per remit month shall be

 

 

10000SB1839ham004- 68 -LRB100 06226 SLF 27386 a

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    (c) The moneys deposited into the Statewide 9-1-1 Fund
7under this Section shall not be subject to administrative
8charges or chargebacks unless otherwise authorized by this Act.
9    (d) Whenever two or more 9-1-1 Authorities consolidate, the
10resulting Joint Emergency Telephone System Board shall be
11entitled to the monthly payments that had theretofore been made
12to each consolidating 9-1-1 Authority. Any reserves held by any
13consolidating 9-1-1 Authority shall be transferred to the
14resulting Joint Emergency Telephone System Board. Whenever a
15county that has no 9-1-1 service as of January 1, 2016 enters
16into an agreement to consolidate to create or join a Joint
17Emergency Telephone System Board, the Joint Emergency
18Telephone System Board shall be entitled to the monthly
19payments that would have otherwise been paid to the county if
20it had provided 9-1-1 service.
21(Source: P.A. 99-6, eff. 1-1-16.)
 
22    (50 ILCS 750/35)
23    (Section scheduled to be repealed on July 1, 2017)
24    Sec. 35. 9-1-1 surcharge; allowable expenditures. Except
25as otherwise provided in this Act, expenditures from surcharge

 

 

10000SB1839ham004- 69 -LRB100 06226 SLF 27386 a

1revenues received under this Act may be made by municipalities,
2counties, and 9-1-1 Authorities only to pay for the costs
3associated with the following:
4        (1) The design of the Emergency Telephone System.
5        (2) The coding of an initial Master Street Address
6    Guide database, and update and maintenance thereof.
7        (3) The repayment of any moneys advanced for the
8    implementation of the system.
9        (4) The charges for Automatic Number Identification
10    and Automatic Location Identification equipment, a
11    computer aided dispatch system that records, maintains,
12    and integrates information, mobile data transmitters
13    equipped with automatic vehicle locators, and maintenance,
14    replacement, and update thereof to increase operational
15    efficiency and improve the provision of emergency
16    services.
17        (5) The non-recurring charges related to installation
18    of the Emergency Telephone System.
19        (6) The initial acquisition and installation, or the
20    reimbursement of costs therefor to other governmental
21    bodies that have incurred those costs, of road or street
22    signs that are essential to the implementation of the
23    Emergency Telephone System and that are not duplicative of
24    signs that are the responsibility of the jurisdiction
25    charged with maintaining road and street signs. Funds may
26    not be used for ongoing expenses associated with road or

 

 

10000SB1839ham004- 70 -LRB100 06226 SLF 27386 a

1    street sign maintenance and replacement.
2        (7) Other products and services necessary for the
3    implementation, upgrade, and maintenance of the system and
4    any other purpose related to the operation of the system,
5    including costs attributable directly to the construction,
6    leasing, or maintenance of any buildings or facilities or
7    costs of personnel attributable directly to the operation
8    of the system. Costs attributable directly to the operation
9    of an emergency telephone system do not include the costs
10    of public safety agency personnel who are and equipment
11    that is dispatched in response to an emergency call.
12        (8) The defraying of expenses incurred to implement
13    Next Generation 9-1-1, subject to the conditions set forth
14    in this Act.
15        (9) The implementation of a computer aided dispatch
16    system or hosted supplemental 9-1-1 services.
17        (10) The design, implementation, operation,
18    maintenance, or upgrade of wireless 9-1-1, or E9-1-1, or
19    NG9-1-1 emergency services and public safety answering
20    points.
21    Moneys in the Statewide 9-1-1 Fund may also be transferred
22to a participating fire protection district to reimburse
23volunteer firefighters who man remote telephone switching
24facilities when dedicated 9-1-1 lines are down.
25    In the case of a municipality with a population over
26500,000, moneys may also be used for any anti-terrorism or

 

 

10000SB1839ham004- 71 -LRB100 06226 SLF 27386 a

1emergency preparedness measures, including, but not limited
2to, preparedness planning, providing local matching funds for
3federal or State grants, personnel training, and specialized
4equipment, including surveillance cameras, as needed to deal
5with natural and terrorist-inspired emergency situations or
6events.
7(Source: P.A. 99-6, eff. 1-1-16.)
 
8    (50 ILCS 750/40)
9    (Section scheduled to be repealed on July 1, 2017)
10    Sec. 40. Financial reports.
11    (a) The Department shall create uniform accounting
12procedures, with such modification as may be required to give
13effect to statutory provisions applicable only to
14municipalities with a population in excess of 500,000, that any
15emergency telephone system board, qualified governmental
16entity, or unit of local government receiving surcharge money
17pursuant to Section 15.3, 15.3a, or 30 of this Act must follow.
18    (b) By January 31, 2018, and every January 31 thereafter
19October 1, 2016, and every October 1 thereafter, each emergency
20telephone system board, qualified governmental entity, or unit
21of local government receiving surcharge money pursuant to
22Section 15.3, 15.3a, or 30 shall report to the Department
23audited financial statements showing total revenue and
24expenditures for the period beginning with the end of the
25period covered by the last submitted report through the end of

 

 

10000SB1839ham004- 72 -LRB100 06226 SLF 27386 a

1the previous calendar year previous fiscal year in a form and
2manner as prescribed by the Department. Such financial
3information shall include:
4        (1) a detailed summary of revenue from all sources
5    including, but not limited to, local, State, federal, and
6    private revenues, and any other funds received;
7        (2) all expenditures made during the reporting period
8    from distributions under this Act; operating expenses,
9    capital expenditures, and cash balances; and
10        (3) call data and statistics, when available, from the
11    reporting period, as specified by the Department and
12    collected in accordance with any reporting method
13    established or required such other financial information
14    that is relevant to the provision of 9-1-1 services as
15    determined by the Department; .
16        (4) all costs associated with dispatching appropriate
17    public safety agencies to respond to 9-1-1 calls received
18    by the PSAP; and
19        (5) all funding sources and amounts of funding used for
20    costs described in paragraph (4) of this subsection (b).
21    The emergency telephone system board, qualified
22governmental entity, or unit of local government is responsible
23for any costs associated with auditing such financial
24statements. The Department shall post the audited financial
25statements on the Department's website.
26    (c) Along with its audited financial statement, each

 

 

10000SB1839ham004- 73 -LRB100 06226 SLF 27386 a

1emergency telephone system board, qualified governmental
2entity, or unit of local government receiving a grant under
3Section 15.4b of this Act shall include a report of the amount
4of grant moneys received and how the grant moneys were used. In
5case of a conflict between this requirement and the Grant
6Accountability and Transparency Act, or with the rules of the
7Governor's Office of Management and Budget adopted thereunder,
8that Act and those rules shall control.
9    (d) If an emergency telephone system board or qualified
10governmental entity that receives funds from the Statewide
119-1-1 Fund fails to file the 9-1-1 system financial reports as
12required under this Section, the Department shall suspend and
13withhold monthly disbursements otherwise due to the emergency
14telephone system board or qualified governmental entity under
15Section 30 of this Act until the report is filed.
16    Any monthly disbursements that have been withheld for 12
17months or more shall be forfeited by the emergency telephone
18system board or qualified governmental entity and shall be
19distributed proportionally by the Department to compliant
20emergency telephone system boards and qualified governmental
21entities that receive funds from the Statewide 9-1-1 Fund.
22    Any emergency telephone system board or qualified
23governmental entity not in compliance with this Section shall
24be ineligible to receive any consolidation grant or
25infrastructure grant issued under this Act.
26    (e) The Department may adopt emergency rules necessary to

 

 

10000SB1839ham004- 74 -LRB100 06226 SLF 27386 a

1implement the provisions of this Section.
2    (f) Any findings or decisions of the Department under this
3Section shall be deemed a final administrative decision and
4shall be subject to judicial review under the Administrative
5Review Law.
6    (g) Beginning October 1, 2017, the Department shall provide
7a quarterly report to the Board of its expenditures from the
8Statewide 9-1-1 Fund for the prior fiscal quarter.
9(Source: P.A. 99-6, eff. 1-1-16.)
 
10    (50 ILCS 750/55)
11    (Section scheduled to be repealed on July 1, 2017)
12    Sec. 55. Public disclosure. Because of the highly
13competitive nature of the wireless telephone industry, public
14disclosure of information about surcharge moneys paid by
15wireless carriers could have the effect of stifling competition
16to the detriment of the public and the delivery of wireless
179-1-1 services. Therefore, the Illinois Commerce Commission,
18the Department of State Police, governmental agencies, and
19individuals with access to that information shall take
20appropriate steps to prevent public disclosure of this
21information. Information and data supporting the amount and
22distribution of surcharge moneys collected and remitted by an
23individual wireless carrier shall be deemed exempt information
24for purposes of the Freedom of Information Act and shall not be
25publicly disclosed. The gross amount paid by all carriers shall

 

 

10000SB1839ham004- 75 -LRB100 06226 SLF 27386 a

1not be deemed exempt and may be publicly disclosed.
2(Source: P.A. 99-6, eff. 1-1-16.)
 
3    (50 ILCS 750/99)
4    (Section scheduled to be repealed on July 1, 2017)
5    Sec. 99. Repealer. This Act is repealed on December 31,
62020 July 1, 2017.
7(Source: P.A. 99-6, eff. 6-29-15.)
 
8    Section 20. The Prepaid Wireless 9-1-1 Surcharge Act is
9amended by changing Section 15 as follows:
 
10    (50 ILCS 753/15)
11    Sec. 15. Prepaid wireless 9-1-1 surcharge.
12    (a) Until September 30, 2015, there is hereby imposed on
13consumers a prepaid wireless 9-1-1 surcharge of 1.5% per retail
14transaction. Beginning October 1, 2015, the prepaid wireless
159-1-1 surcharge shall be 3% per retail transaction. The
16surcharge authorized by this subsection (a) does not apply in a
17home rule municipality having a population in excess of
18500,000.
19    (a-5) On or after the effective date of this amendatory Act
20of the 98th General Assembly and until December 31, 2020, July
211, 2017, a home rule municipality having a population in excess
22of 500,000 on the effective date of this amendatory Act may
23impose a prepaid wireless 9-1-1 surcharge not to exceed 9% per

 

 

10000SB1839ham004- 76 -LRB100 06226 SLF 27386 a

1retail transaction sourced to that jurisdiction and collected
2and remitted in accordance with the provisions of subsection
3(b-5) of this Section. On or after January 1, 2021, July 1,
42017, a home rule municipality having a population in excess of
5500,000 on the effective date of this Act may only impose a
6prepaid wireless 9-1-1 surcharge not to exceed 7% per retail
7transaction sourced to that jurisdiction and collected and
8remitted in accordance with the provisions of subsection (b-5).
9    (b) The prepaid wireless 9-1-1 surcharge shall be collected
10by the seller from the consumer with respect to each retail
11transaction occurring in this State and shall be remitted to
12the Department by the seller as provided in this Act. The
13amount of the prepaid wireless 9-1-1 surcharge shall be
14separately stated as a distinct item apart from the charge for
15the prepaid wireless telecommunications service on an invoice,
16receipt, or other similar document that is provided to the
17consumer by the seller or shall be otherwise disclosed to the
18consumer. If the seller does not separately state the surcharge
19as a distinct item to the consumer as provided in this Section,
20then the seller shall maintain books and records as required by
21this Act which clearly identify the amount of the 9-1-1
22surcharge for retail transactions.
23    For purposes of this subsection (b), a retail transaction
24occurs in this State if (i) the retail transaction is made in
25person by a consumer at the seller's business location and the
26business is located within the State; (ii) the seller is a

 

 

10000SB1839ham004- 77 -LRB100 06226 SLF 27386 a

1provider and sells prepaid wireless telecommunications service
2to a consumer located in Illinois; (iii) the retail transaction
3is treated as occurring in this State for purposes of the
4Retailers' Occupation Tax Act; or (iv) a seller that is
5included within the definition of a "retailer maintaining a
6place of business in this State" under Section 2 of the Use Tax
7Act makes a sale of prepaid wireless telecommunications service
8to a consumer located in Illinois. In the case of a retail
9transaction which does not occur in person at a seller's
10business location, if a consumer uses a credit card to purchase
11prepaid wireless telecommunications service on-line or over
12the telephone, and no product is shipped to the consumer, the
13transaction occurs in this State if the billing address for the
14consumer's credit card is in this State.
15    (b-5) The prepaid wireless 9-1-1 surcharge imposed under
16subsection (a-5) of this Section shall be collected by the
17seller from the consumer with respect to each retail
18transaction occurring in the municipality imposing the
19surcharge. The amount of the prepaid wireless 9-1-1 surcharge
20shall be separately stated on an invoice, receipt, or other
21similar document that is provided to the consumer by the seller
22or shall be otherwise disclosed to the consumer. If the seller
23does not separately state the surcharge as a distinct item to
24the consumer as provided in this Section, then the seller shall
25maintain books and records as required by this Act which
26clearly identify the amount of the 9-1-1 surcharge for retail

 

 

10000SB1839ham004- 78 -LRB100 06226 SLF 27386 a

1transactions.
2    For purposes of this subsection (b-5), a retail transaction
3occurs in the municipality if (i) the retail transaction is
4made in person by a consumer at the seller's business location
5and the business is located within the municipality; (ii) the
6seller is a provider and sells prepaid wireless
7telecommunications service to a consumer located in the
8municipality; (iii) the retail transaction is treated as
9occurring in the municipality for purposes of the Retailers'
10Occupation Tax Act; or (iv) a seller that is included within
11the definition of a "retailer maintaining a place of business
12in this State" under Section 2 of the Use Tax Act makes a sale
13of prepaid wireless telecommunications service to a consumer
14located in the municipality. In the case of a retail
15transaction which does not occur in person at a seller's
16business location, if a consumer uses a credit card to purchase
17prepaid wireless telecommunications service on-line or over
18the telephone, and no product is shipped to the consumer, the
19transaction occurs in the municipality if the billing address
20for the consumer's credit card is in the municipality.
21    (c) The prepaid wireless 9-1-1 surcharge is imposed on the
22consumer and not on any provider. The seller shall be liable to
23remit all prepaid wireless 9-1-1 surcharges that the seller
24collects from consumers as provided in Section 20, including
25all such surcharges that the seller is deemed to collect where
26the amount of the surcharge has not been separately stated on

 

 

10000SB1839ham004- 79 -LRB100 06226 SLF 27386 a

1an invoice, receipt, or other similar document provided to the
2consumer by the seller. The surcharge collected or deemed
3collected by a seller shall constitute a debt owed by the
4seller to this State, and any such surcharge actually collected
5shall be held in trust for the benefit of the Department.
6    For purposes of this subsection (c), the surcharge shall
7not be imposed or collected from entities that have an active
8tax exemption identification number issued by the Department
9under Section 1g of the Retailers' Occupation Tax Act.
10    (d) The amount of the prepaid wireless 9-1-1 surcharge that
11is collected by a seller from a consumer, if such amount is
12separately stated on an invoice, receipt, or other similar
13document provided to the consumer by the seller, shall not be
14included in the base for measuring any tax, fee, surcharge, or
15other charge that is imposed by this State, any political
16subdivision of this State, or any intergovernmental agency.
17    (e) (Blank).
18    (e-5) Any changes in the rate of the surcharge imposed by a
19municipality under the authority granted in subsection (a-5) of
20this Section shall be effective on the first day of the first
21calendar month to occur at least 60 days after the enactment of
22the change. The Department shall provide not less than 30 days'
23notice of the increase or reduction in the rate of such
24surcharge on the Department's website.
25    (f) When prepaid wireless telecommunications service is
26sold with one or more other products or services for a single,

 

 

10000SB1839ham004- 80 -LRB100 06226 SLF 27386 a

1non-itemized price, then the percentage specified in
2subsection (a) or (a-5) of this Section 15 shall be applied to
3the entire non-itemized price unless the seller elects to apply
4the percentage to (i) the dollar amount of the prepaid wireless
5telecommunications service if that dollar amount is disclosed
6to the consumer or (ii) the portion of the price that is
7attributable to the prepaid wireless telecommunications
8service if the retailer can identify that portion by reasonable
9and verifiable standards from its books and records that are
10kept in the regular course of business for other purposes,
11including, but not limited to, books and records that are kept
12for non-tax purposes. However, if a minimal amount of prepaid
13wireless telecommunications service is sold with a prepaid
14wireless device for a single, non-itemized price, then the
15seller may elect not to apply the percentage specified in
16subsection (a) or (a-5) of this Section 15 to such transaction.
17For purposes of this subsection, an amount of service
18denominated as 10 minutes or less or $5 or less is considered
19minimal.
20    (g) The prepaid wireless 9-1-1 surcharge imposed under
21subsections (a) and (a-5) of this Section is not imposed on the
22provider or the consumer for wireless Lifeline service where
23the consumer does not pay the provider for the service. Where
24the consumer purchases from the provider optional minutes,
25texts, or other services in addition to the federally funded
26Lifeline benefit, a consumer must pay the prepaid wireless

 

 

10000SB1839ham004- 81 -LRB100 06226 SLF 27386 a

19-1-1 surcharge, and it must be collected by the seller
2according to subsection (b-5).
3(Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)
 
4    Section 25. The Public Utilities Act is amended by changing
5Sections 13-102, 13-103, 13-230, 13-301.1, 13-406, 13-506.2,
613-703, 13-1200, 21-401, and 21-1601 and by adding Section
713-406.1 as follows:
 
8    (220 ILCS 5/13-102)  (from Ch. 111 2/3, par. 13-102)
9    (Section scheduled to be repealed on July 1, 2017)
10    Sec. 13-102. Findings. With respect to telecommunications
11services, as herein defined, the General Assembly finds that:
12    (a) universally available and widely affordable
13telecommunications services are essential to the health,
14welfare and prosperity of all Illinois citizens;
15    (b) federal regulatory and judicial rulings in the 1980s
16caused a restructuring of the telecommunications industry and
17opened some aspects of the industry to competitive entry,
18thereby necessitating revision of State telecommunications
19regulatory policies and practices;
20    (c) revisions in telecommunications regulatory policies
21and practices in Illinois beginning in the mid-1980s brought
22the benefits of competition to consumers in many
23telecommunications markets, but not in local exchange
24telecommunications service markets;

 

 

10000SB1839ham004- 82 -LRB100 06226 SLF 27386 a

1    (d) the federal Telecommunications Act of 1996 established
2the goal of opening all telecommunications service markets to
3competition and accords to the states the responsibility to
4establish and enforce policies necessary to attain that goal;
5    (e) it is in the immediate interest of the People of the
6State of Illinois for the State to exercise its rights within
7the new framework of federal telecommunications policy to
8ensure that the economic benefits of competition in all
9telecommunications service markets are realized as effectively
10as possible;
11    (f) the competitive offering of all telecommunications
12services will increase innovation and efficiency in the
13provision of telecommunications services and may lead to
14reduced prices for consumers, increased investment in
15communications infrastructure, the creation of new jobs, and
16the attraction of new businesses to Illinois; and
17    (g) protection of the public interest requires changes in
18the regulation of telecommunications carriers and services to
19ensure, to the maximum feasible extent, the reasonable and
20timely development of effective competition in all
21telecommunications service markets; .
22    (h) Illinois residents rely on today's modern wired and
23wireless Internet Protocol (IP) networks and services to
24improve their lives by connecting them to school and college
25degrees, work and job opportunities, family and friends,
26information, and entertainment, as well as emergency

 

 

10000SB1839ham004- 83 -LRB100 06226 SLF 27386 a

1responders and public safety officials; Illinois businesses
2rely on these modern IP networks and services to compete in a
3global marketplace by expanding their customer base, managing
4inventory and operations more efficiently, and offering
5customers specialized and personalized products and services;
6without question, Illinois residents and our State's economy
7rely profoundly on the modern wired and wireless IP networks
8and services in our State;
9    (i) the transition from 20th century traditional circuit
10switched and other legacy telephone services to modern 21st
11century next generation Internet Protocol (IP) services is
12taking place at an extraordinary pace as Illinois consumers are
13upgrading to home communications service using IP technology,
14including high speed Internet, Voice over Internet Protocol,
15and wireless service;
16    (j) this rapid transition to IP-based communications has
17dramatically transformed the way people communicate and has
18provided significant benefits to consumers in the form of
19innovative functionalities resulting from the seamless
20convergence of voice, video, and text, benefits realized by the
21General Assembly when it chose to transition its own
22telecommunications system to an all IP communications network
23in 2016;
24    (k) the benefits of the transition to IP-based networks and
25services were also recognized by the General Assembly in 2015
26through the enactment of legislation requiring that every 9-1-1

 

 

10000SB1839ham004- 84 -LRB100 06226 SLF 27386 a

1emergency system in Illinois provide Next Generation 9-1-1
2service by July 1, 2020, and requiring that the Next Generation
39-1-1 network must be an IP-based platform; and
4    (l) completing the transition to all IP-based networks and
5technologies is in the public interest because it will promote
6continued innovation, consumer benefits, increased
7efficiencies, and increased investment in IP-based networks
8and services.
9(Source: P.A. 90-185, eff. 7-23-97.)
 
10    (220 ILCS 5/13-103)  (from Ch. 111 2/3, par. 13-103)
11    (Section scheduled to be repealed on July 1, 2017)
12    Sec. 13-103. Policy. Consistent with its findings, the
13General Assembly declares that it is the policy of the State of
14Illinois that:
15    (a) telecommunications services should be available to all
16Illinois citizens at just, reasonable, and affordable rates and
17that such services should be provided as widely and
18economically as possible in sufficient variety, quality,
19quantity and reliability to satisfy the public interest;
20    (b) consistent with the protection of consumers of
21telecommunications services and the furtherance of other
22public interest goals, competition in all telecommunications
23service markets should be pursued as a substitute for
24regulation in determining the variety, quality and price of
25telecommunications services and that the economic burdens of

 

 

10000SB1839ham004- 85 -LRB100 06226 SLF 27386 a

1regulation should be reduced to the extent possible consistent
2with the furtherance of market competition and protection of
3the public interest;
4    (c) all necessary and appropriate modifications to State
5regulation of telecommunications carriers and services should
6be implemented without unnecessary disruption to the
7telecommunications infrastructure system or to consumers of
8telecommunications services and that it is necessary and
9appropriate to establish rules to encourage and ensure orderly
10transitions in the development of markets for all
11telecommunications services;
12    (d) the consumers of telecommunications services and
13facilities provided by persons or companies subject to
14regulation pursuant to this Act and Article should be required
15to pay only reasonable and non-discriminatory rates or charges
16and that in no case should rates or charges for non-competitive
17telecommunications services include any portion of the cost of
18providing competitive telecommunications services, as defined
19in Section 13-209, or the cost of any nonregulated activities;
20    (e) the regulatory policies and procedures provided in this
21Article are established in recognition of the changing nature
22of the telecommunications industry and therefore should be
23subject to systematic legislative review to ensure that the
24public benefits intended to result from such policies and
25procedures are fully realized; and
26    (f) development of and prudent investment in advanced

 

 

10000SB1839ham004- 86 -LRB100 06226 SLF 27386 a

1telecommunications services and networks that foster economic
2development of the State should be encouraged through the
3implementation and enforcement of policies that promote
4effective and sustained competition in all telecommunications
5service markets; and .
6    (g) completion of the transition to modern IP-based
7networks should be encouraged through relief from the outdated
8regulations that require continued investment in legacy
9circuit switched networks from which Illinois consumers have
10largely transitioned, while at the same time ensuring that
11consumers have access to available alternative services that
12provide quality voice service and access to emergency
13communications.
14(Source: P.A. 90-185, eff. 7-23-97.)
 
15    (220 ILCS 5/13-230)
16    (Section scheduled to be repealed on July 1, 2017)
17    Sec. 13-230. Prepaid calling service. "Prepaid calling
18service" means telecommunications service that must be paid for
19in advance by an end user, enables the end user to originate
20calls using an access number or authorization code, whether
21manually or electronically dialed, and is sold in predetermined
22units or dollars of which the number declines with use in a
23known amount. A prepaid calling service call is a call made by
24an end user using prepaid calling service. "Prepaid calling
25service" does not include a wireless telecommunications

 

 

10000SB1839ham004- 87 -LRB100 06226 SLF 27386 a

1service that allows a caller to dial 9-1-1 to access the 9-1-1
2system, which service must be paid for in advance, and is sold
3in predetermined units or dollars and the amount declines with
4use in a known amount prepaid wireless telecommunications
5service as defined in Section 10 of the Wireless Emergency
6Telephone Safety Act.
7(Source: P.A. 97-463, eff. 1-1-12.)
 
8    (220 ILCS 5/13-301.1)  (from Ch. 111 2/3, par. 13-301.1)
9    (Section scheduled to be repealed on July 1, 2017)
10    Sec. 13-301.1. Universal Telephone Service Assistance
11Program.
12    (a) The Commission shall by rule or regulation establish a
13Universal Telephone Service Assistance Program for low income
14residential customers. The program shall provide for a
15reduction of access line charges, a reduction of connection
16charges, or any other alternative assistance or program to
17increase accessibility to telephone service and broadband
18Internet access service that the Commission deems advisable
19subject to the availability of funds for the program as
20provided in subsections subsection (d) and (e). The Commission
21shall establish eligibility requirements for benefits under
22the program.
23    (b) The Commission shall adopt rules providing for enhanced
24enrollment for eligible consumers to receive lifeline service.
25Enhanced enrollment may include, but is not limited to, joint

 

 

10000SB1839ham004- 88 -LRB100 06226 SLF 27386 a

1marketing, joint application, or joint processing with the
2Low-Income Home Energy Assistance Program, the Medicaid
3Program, and the Food Stamp Program. The Department of Human
4Services, the Department of Healthcare and Family Services, and
5the Department of Commerce and Economic Opportunity, upon
6request of the Commission, shall assist in the adoption and
7implementation of those rules. The Commission and the
8Department of Human Services, the Department of Healthcare and
9Family Services, and the Department of Commerce and Economic
10Opportunity may enter into memoranda of understanding
11establishing the respective duties of the Commission and the
12Departments in relation to enhanced enrollment.
13    (c) In this Section: ,
14        "Lifeline "lifeline service" means a retail local
15    service offering described by 47 CFR C.F.R. Section
16    54.401(a), as amended.
17    (d) The Commission shall require by rule or regulation that
18each telecommunications carrier providing local exchange
19telecommunications services notify its customers that if the
20customer wishes to participate in the funding of the Universal
21Telephone Service Assistance Program he may do so by electing
22to contribute, on a monthly basis, a fixed amount that will be
23included in the customer's monthly bill. The customer may cease
24contributing at any time upon providing notice to the
25telecommunications carrier providing local exchange
26telecommunications services. The notice shall state that any

 

 

10000SB1839ham004- 89 -LRB100 06226 SLF 27386 a

1contribution made will not reduce the customer's bill for
2telecommunications services. Failure to remit the amount of
3increased payment will reduce the contribution accordingly.
4The Commission shall specify the monthly fixed amount or
5amounts that customers wishing to contribute to the funding of
6the Universal Telephone Service Assistance Program may choose
7from in making their contributions. Every telecommunications
8carrier providing local exchange telecommunications services
9shall remit the amounts contributed in accordance with the
10terms of the Universal Telephone Service Assistance Program.
11    (e) Amounts collected and remitted under subsection (d)
12may, to the extent the Commission deems advisable, be used for
13funding a program to be administered by the entity designated
14by the Commission as administrator of the Universal Telephone
15Service Assistance Program for educating and assisting
16low-income residential customers with a transition to Internet
17protocol-based networks and services. This program may
18include, but need not be limited to, measures designed to
19notify and educate residential customers regarding the
20availability of alternative voice services with access to
219-1-1, access to and use of broadband Internet access service,
22and pricing options.
23(Source: P.A. 94-793, eff. 5-19-06; 95-331, eff. 8-21-07.)";
24and
 
25    (220 ILCS 5/13-406)  (from Ch. 111 2/3, par. 13-406)

 

 

10000SB1839ham004- 90 -LRB100 06226 SLF 27386 a

1    (Section scheduled to be repealed on July 1, 2017)
2    Sec. 13-406. Abandonment of service. No telecommunications
3carrier offering or providing noncompetitive
4telecommunications service pursuant to a valid Certificate of
5Service Authority or certificate of public convenience and
6necessity shall discontinue or abandon such service once
7initiated until and unless it shall demonstrate, and the
8Commission finds, after notice and hearing, that such
9discontinuance or abandonment will not deprive customers of any
10necessary or essential telecommunications service or access
11thereto and is not otherwise contrary to the public interest.
12No telecommunications carrier offering or providing
13competitive telecommunications service shall completely
14discontinue or abandon such service to an identifiable class or
15group of customers once initiated except upon 60 days notice to
16the Commission and affected customers. The Commission may, upon
17its own motion or upon complaint, investigate the proposed
18discontinuance or abandonment of a competitive
19telecommunications service and may, after notice and hearing,
20prohibit such proposed discontinuance or abandonment if the
21Commission finds that it would be contrary to the public
22interest. If the Commission does not provide notice of a
23hearing within 60 calendar days after the notification or holds
24a hearing and fails to find that the proposed discontinuation
25or abandonment would be contrary to the public interest, the
26provider may discontinue or abandon such service after

 

 

10000SB1839ham004- 91 -LRB100 06226 SLF 27386 a

1providing at least 30 days notice to affected customers. This
2Section does not apply to a Large Electing Provider proceeding
3under Section 13-406.1.
4(Source: P.A. 96-927, eff. 6-15-10.)
 
5    (220 ILCS 5/13-406.1 new)
6    Sec. 13-406.1. Large Electing Provider transition to
7IP-based networks and service.
8    (a) As used in this Section:
9    "Alternative voice service" means service that includes
10all of the applicable functionalities for voice telephony
11services described in 47 CFR 54.101(a).
12    "Existing customer" means a residential customer of the
13Large Electing Provider who is subscribing to a
14telecommunications service on the date the Large Electing
15Provider sends its notice under paragraph (1) of subsection (c)
16of this Section of its intent to cease offering and providing
17service. For purposes of this Section, a residential customer
18of the Large Electing Provider whose service has been
19temporarily suspended, but not finally terminated as of the
20date that the Large Electing Provider sends that notice, shall
21be deemed to be an "existing customer".
22    "Large Electing Provider" means an Electing Provider, as
23defined in Section 13-506.2 of this Act, that (i) reported in
24its annual competition report for the year 2016 filed with the
25Commission under Section 13-407 of this Act and 83 Ill. Adm.

 

 

10000SB1839ham004- 92 -LRB100 06226 SLF 27386 a

1Code 793 that it provided at least 700,000 access lines to end
2users; and (ii) is affiliated with a provider of commercial
3mobile radio service, as defined in 47 CFR 20.3, as of January
41, 2017.
5    "New customer" means a residential customer who is not
6subscribing to a telecommunications service provided by the
7Large Electing Provider on the date the Large Electing Provider
8sends its notice under paragraph (1) of subsection (c) of this
9Section of its intent to cease offering and providing that
10service.
11    "Provider" includes every corporation, company,
12association, firm, partnership, and individual and their
13lessees, trustees, or receivers appointed by a court that sell
14or offer to sell an alternative voice service.
15    "Reliable access to 9-1-1" means access to 9-1-1 that
16complies with the applicable rules, regulations, and
17guidelines established by the Federal Communications
18Commission and the applicable provisions of the Emergency
19Telephone System Act and implementing rules.
20    "Willing provider" means a provider that voluntarily
21participates in the request for service process.
22    (b) Beginning June 30, 2017, a Large Electing Provider may,
23to the extent permitted by and consistent with federal law,
24including, as applicable, approval by the Federal
25Communications Commission of the discontinuance of the
26interstate-access component of a telecommunications service,

 

 

10000SB1839ham004- 93 -LRB100 06226 SLF 27386 a

1cease to offer and provide a telecommunications service to an
2identifiable class or group of customers, other than voice
3telecommunications service to residential customers or a
4telecommunications service to a class of customers under
5subsection (b-5) of this Section, upon 60 days notice to the
6Commission and affected customers.
7    (b-5) Notwithstanding any provision to the contrary in this
8Section 13-406.1, beginning December 31, 2021, a Large Electing
9Provider may, to the extent permitted by and consistent with
10federal law, including, if applicable, approval by the Federal
11Communications Commission of the discontinuance of the
12interstate-access component of a telecommunication service,
13cease to offer and provide a telecommunications service to one
14or more of the following classes or groups of customers upon 60
15days notice to the Commission and affected customers: (1)
16electric utilities, as defined in Section 16-102 of this Act;
17(2) public utilities, as defined in Section 3-105 of this Act,
18that offers natural gas or water services; (3) electric, gas,
19and water utilities that are excluded from the definition of
20public utility under paragraph (1) of subsection (b) of Section
213-105 of this Act; (4) water companies as described in
22paragraph (2) of subsection (b) of Section 3-105 of this Act;
23(5) natural gas cooperatives as described in paragraph (4) of
24subsection (b) of Section 3-105 of this Act; (6) electric
25cooperatives as defined in Section 3-119 of this Act; (7)
26entities engaged in the commercial generation of electric power

 

 

10000SB1839ham004- 94 -LRB100 06226 SLF 27386 a

1and energy; (8) the functional divisions of public agencies, as
2defined in Section 2 of the Emergency Telephone System Act,
3that provide police or firefighting services; and (9) 9-1-1
4Authorities, as defined in Section 2 of the Emergency Telephone
5System Act; provided that the date shall be extended to
6December 21, 2022, for (i) an electric utility, as defined in
7Section 16-102 of this Act, that serves more than 3 million
8customers in the State; and (ii) an entity engaged in the
9commercial generation of electric power and energy that
10operates one or more nuclear power plants in the State.
11    (c) Beginning June 30, 2017, a Large Electing Provider may,
12to the extent permitted by and consistent with federal law,
13cease to offer and provide voice telecommunications service to
14an identifiable class or group of residential customers, which,
15for the purposes of this subsection (c), shall be referred to
16as "requested service", subject to compliance with the
17following requirements:
18        (1) No less than 255 days prior to providing notice to
19    the Federal Communications Commission of its intent to
20    discontinue the interstate-access component of the
21    requested service, the Large Electing Provider shall:
22            (A) file a notice of the proposed cessation of the
23        requested service with the Commission; and
24            (B) provide notice of the proposed cessation of the
25        requested service to each of the Large Electing
26        Provider's existing customers within the affected

 

 

10000SB1839ham004- 95 -LRB100 06226 SLF 27386 a

1        geographic area by first-class mail separate from
2        customer bills. If the customer has elected to receive
3        electronic billing, the notice shall be sent
4        electronically and by first-class mail separate from
5        customer bills. The notice provided under this
6        subparagraph (B) shall describe the requested service,
7        identify the earliest date on which the Large Electing
8        Provider intends to cease offering or providing the
9        telecommunications service, provide a telephone number
10        by which the existing customer may contact a service
11        representative of the Large Electing Provider, and
12        provide a telephone number by which the existing
13        customer may contact the Commission's Consumer
14        Services Division. The notice shall also include the
15        following statement:
16                "If you do not believe that an alternative
17            voice service including reliable access to 9-1-1
18            is available to you, from either [name of Large
19            Electing Provider] or another provider of wired or
20            wireless voice service where you live, you have the
21            right to request the Illinois Commerce Commission
22            to investigate the availability of alternative
23            voice service including reliable access to 9-1-1.
24            To do so, you must submit such a request either in
25            writing or by signing and returning a copy of this
26            notice, no later than (insert date), 60 days after

 

 

10000SB1839ham004- 96 -LRB100 06226 SLF 27386 a

1            the date of the notice to the following address:
2            Chief Clerk of the Illinois Commerce Commission
3            527 East Capitol Avenue
4            Springfield, Illinois 62706
5                You must include in your request a reference to
6            the notice you received from [Large Electing
7            Provider's name] and the date of notice.".
8            Thirty days following the date of notice, the Large
9        Electing Provider shall provide each customer to which
10        the notice was sent a follow-up notice containing the
11        same information and reminding customers of the
12        deadline for requesting the Commission to investigate
13        alternative voice service with access to 9-1-1.
14        (2) After June 30, 2017, and only in a geographic area
15    for which a Large Electing Provider has provided notice of
16    proposed cessation of the requested service to existing
17    customers under paragraph (1) of this subsection (c), an
18    existing customer of that provider may, within 60 days
19    after issuance of such notice, request the Commission to
20    investigate the availability of alternative voice service
21    including reliable access to 9-1-1 to that customer. For
22    the purposes of this paragraph (2), existing customers who
23    make such a request are referred to as "requesting existing
24    customers". The Large Electing Provider may cease to offer
25    or provide the requested service to existing customers who
26    do not make a request for investigation beginning 30 days

 

 

10000SB1839ham004- 97 -LRB100 06226 SLF 27386 a

1    after issuance of the notice required by paragraph (5) of
2    this subsection (c).
3            (A) In response to all requests and investigations
4        under this paragraph (2), the Commission shall conduct
5        a single investigation to be commenced 75 days after
6        the receipt of notice under paragraph (1) of this
7        subsection (c), and completed within 135 days after
8        commencement. The Commission shall, within 135 days
9        after commencement of the investigation, make one of
10        the findings described in subdivisions (i) and (ii) of
11        this subparagraph (A) for each requesting existing
12        customer.
13                (i) If, as a result of the investigation, the
14            Commission finds that service from at least one
15            provider offering alternative voice service
16            including reliable access to 9-1-1 through any
17            technology or medium is available to one or more
18            requesting existing customers, the Commission
19            shall declare by order that, with respect to each
20            requesting existing customer for which such a
21            finding is made, the Large Electing Provider may
22            cease to offer or provide the requested service
23            beginning 30 days after the issuance of the notice
24            required by paragraph (5) of this subsection (c).
25                (ii) If, as a result of the investigation, the
26            Commission finds that service from at least one

 

 

10000SB1839ham004- 98 -LRB100 06226 SLF 27386 a

1            provider offering alternative voice service,
2            including reliable access to 9-1-1, through any
3            technology or medium is not available to one or
4            more requesting existing customers, the Commission
5            shall declare by order that an emergency exists
6            with respect to each requesting existing customer
7            for which such a finding is made.
8            (B) If the Commission declares an emergency under
9        subdivision (ii) of subparagraph (A) of this paragraph
10        (2) with respect to one or more requesting existing
11        customers, the Commission shall conduct a request for
12        service process to identify a willing provider of
13        alternative voice service including reliable access to
14        9-1-1. A provider shall not be required to participate
15        in the request for service process. The willing
16        provider may utilize any form of technology that is
17        capable of providing alternative voice service
18        including reliable access to 9-1-1, including, without
19        limitation, Voice over Internet Protocol services and
20        wireless services. The Commission shall, within 45
21        days after the issuance of an order finding that an
22        emergency exists, make one of the determinations
23        described in subdivisions (i) and (ii) of this
24        subparagraph (B) for each requesting existing customer
25        for which an emergency has been declared.
26                (i) If the Commission determines that another

 

 

10000SB1839ham004- 99 -LRB100 06226 SLF 27386 a

1            provider is willing and capable of providing
2            alternative voice service including reliable
3            access to 9-1-1 to one or more requesting existing
4            customers for which an emergency has been
5            declared, the Commission shall declare by order
6            that, with respect to each requesting existing
7            customer for which such a determination is made,
8            the Large Electing Provider may cease to offer or
9            provide the requested service beginning 30 days
10            after the issuance of the notice required by
11            paragraph (5) of this Section.
12                (ii) If the Commission determines that for one
13            or more of the requesting existing customers for
14            which an emergency has been declared there is no
15            other provider willing and capable of providing
16            alternative voice service including reliable
17            access to 9-1-1, the Commission shall issue an
18            order requiring the Large Electing Provider to
19            provide alternative voice service including
20            reliable access to 9-1-1 to each requesting
21            existing customer utilizing any form of technology
22            capable of providing alternative voice service
23            including reliable access to 9-1-1, including,
24            without limitation, continuation of the requested
25            service, Voice over Internet Protocol services,
26            and wireless services, until another willing

 

 

10000SB1839ham004- 100 -LRB100 06226 SLF 27386 a

1            provider is available. A Large Electing Provider
2            may fulfill the requirement through an affiliate
3            or another provider. The Large Electing Provider
4            may request that such an order be rescinded upon a
5            showing that an alternative voice service
6            including reliable access to 9-1-1 has become
7            available to the requesting existing customer from
8            another provider.
9        (3) If the Commission receives no requests for
10    investigation from any existing customer under paragraph
11    (2) of this subsection (c) within 60 days after issuance of
12    the notice under paragraph (1) of this subsection (c), the
13    Commission shall provide written notice to the Large
14    Electing Provider of that fact no later than 75 days after
15    receipt of notice under paragraph (1) of this subsection
16    (c). Notwithstanding any provision of this subsection (c)
17    to the contrary, if no existing customer requests an
18    investigation under paragraph (2) of this subsection (c),
19    the Large Electing Provider may immediately provide the
20    notice to the Federal Communications Commission as
21    described in paragraph (4) of this subsection (c).
22        (4) At the same time that it provides notice to the
23    Federal Communications Commission of its intent to
24    discontinue the interstate-access component of the
25    requested service, the Large Electing Provider shall:
26            (A) file a notice of proposal to cease to offer and

 

 

10000SB1839ham004- 101 -LRB100 06226 SLF 27386 a

1        provide the requested service with the Commission; and
2            (B) provide a notice of proposal to cease to offer
3        and provide the requested service to existing
4        customers and new customers receiving the service at
5        the time of the notice within each affected geographic
6        area, with the notice made by first-class mail or
7        within customer bills delivered by mail or equivalent
8        means of notice, including electronic means if the
9        customer has elected to receive electronic billing.
10        The notice provided under this subparagraph (B) shall
11        include a brief description of the requested service,
12        the date on which the Large Electing Provider intends
13        to cease offering or providing the telecommunications
14        service, and a statement as required by 47 CFR 63.71
15        that describes the process by which the customer may
16        submit comments to the Federal Communications
17        Commission.
18        (5) Upon approval by the Federal Communications
19    Commission of its request to discontinue the
20    interstate-access component of the requested service and
21    subject to the requirements of any order issued by the
22    Commission under subdivision (ii) of subparagraph (B) of
23    paragraph (2) of this subsection (c), the Large Electing
24    Provider may immediately cease to offer the requested
25    service to all customers not receiving the service on the
26    date of the Federal Communications Commission's approval

 

 

10000SB1839ham004- 102 -LRB100 06226 SLF 27386 a

1    and may cease to offer and provide the requested service to
2    all customers receiving the service at the time of the
3    Federal Communications Commission's approval upon 30 days
4    notice to the Commission and affected customers. Notice to
5    affected customers under this paragraph (5) shall be
6    provided by first-class mail separate from customer bills.
7    The notice provided under this paragraph (5) shall describe
8    the requested service, identify the date on which the Large
9    Electing Provider intends to cease offering or providing
10    the telecommunications service, and provide a telephone
11    number by which the existing customer may contact a service
12    representative of the Large Electing Provider.
13        (6) The notices provided for in paragraph (1) of this
14    subsection (c) are not required as a prerequisite for the
15    Large Electing Provider to cease to offer or provide a
16    telecommunications service in a geographic area where
17    there are no residential customers taking service from the
18    Large Electing Provider on the date that the Large Electing
19    Provider files notice to the Federal Communications
20    Commission of its intent to discontinue the
21    interstate-access component of the requested service in
22    that geographic area.
23        (7) For a period of 45 days following the date of a
24    notice issued under paragraph (5) of this Section, an
25    existing customer (i) who is located in the affected
26    geographic area subject to that notice; (ii) who was

 

 

10000SB1839ham004- 103 -LRB100 06226 SLF 27386 a

1    receiving the requested service as of the date of the
2    Federal Communications Commission's approval of the Large
3    Electing Provider's request to discontinue the
4    interstate-access component of the requested service;
5    (iii) who did not make a timely request for investigation
6    under paragraph (2) of this subsection (c); and (iv) whose
7    service will be or has been discontinued under paragraph
8    (5), may request assistance from the Large Electing
9    Provider in identifying providers of alternative voice
10    service including reliable access to 9-1-1. Within 15 days
11    of the request, the Large Electing Provider shall provide
12    the customer with a list of alternative voice service
13    providers.
14        (8) Notwithstanding any other provision of this Act,
15    except as expressly authorized by this subsection (c), the
16    Commission may not, upon its own motion or upon complaint,
17    investigate, suspend, disapprove, condition, or otherwise
18    regulate the cessation of a telecommunications service to
19    an identifiable class or group of customers once initiated
20    by a Large Electing Provider under subsection (b) or (b-5)
21    of this Section or this subsection (c).
 
22    (220 ILCS 5/13-506.2)
23    (Section scheduled to be repealed on July 1, 2017)
24    Sec. 13-506.2. Market regulation for competitive retail
25services.

 

 

10000SB1839ham004- 104 -LRB100 06226 SLF 27386 a

1    (a) Definitions. As used in this Section:
2        (1) "Electing Provider" means a telecommunications
3    carrier that is subject to either rate regulation pursuant
4    to Section 13-504 or Section 13-505 or alternative
5    regulation pursuant to Section 13-506.1 and that elects to
6    have the rates, terms, and conditions of its competitive
7    retail telecommunications services solely determined and
8    regulated pursuant to the terms of this Article.
9        (2) "Basic local exchange service" means either a
10    stand-alone residence network access line and per-call
11    usage or, for any geographic area in which such stand-alone
12    service is not offered, a stand-alone flat rate residence
13    network access line for which local calls are not charged
14    for frequency or duration. Extended Area Service shall be
15    included in basic local exchange service.
16        (3) "Existing customer" means a residential customer
17    who was subscribing to one of the optional packages
18    described in subsection (d) of this Section as of the
19    effective date of this amendatory Act of the 99th General
20    Assembly. A customer who was subscribing to one of the
21    optional packages on that date but stops subscribing
22    thereafter shall not be considered an "existing customer"
23    as of the date the customer stopped subscribing to the
24    optional package, unless the stoppage is temporary and
25    caused by the customer changing service address locations,
26    or unless the customer resumes subscribing and is eligible

 

 

10000SB1839ham004- 105 -LRB100 06226 SLF 27386 a

1    to receive discounts on monthly telephone service under the
2    federal Lifeline program, 47 C.F.R. Part 54, Subpart E.
3        (4) "New customer" means a residential customer who was
4    not subscribing to one of the optional packages described
5    in subsection (d) of this Section as of the effective date
6    of this amendatory Act of the 99th General Assembly and who
7    is eligible to receive discounts on monthly telephone
8    service under the federal Lifeline program, 47 C.F.R. Part
9    54, Subpart E.
10    (b) Election for market regulation. Notwithstanding any
11other provision of this Act, an Electing Provider may elect to
12have the rates, terms, and conditions of its competitive retail
13telecommunications services solely determined and regulated
14pursuant to the terms of this Section by filing written notice
15of its election for market regulation with the Commission. The
16notice of election shall designate the geographic area of the
17Electing Provider's service territory where the market
18regulation shall apply, either on a state-wide basis or in one
19or more specified Market Service Areas ("MSA") or Exchange
20areas. An Electing Provider shall not make an election for
21market regulation under this Section unless it commits in its
22written notice of election for market regulation to fulfill the
23conditions and requirements in this Section in each geographic
24area in which market regulation is elected. Immediately upon
25filing the notice of election for market regulation, the
26Electing Provider shall be subject to the jurisdiction of the

 

 

10000SB1839ham004- 106 -LRB100 06226 SLF 27386 a

1Commission to the extent expressly provided in this Section.
2    (c) Competitive classification. Market regulation shall be
3available for competitive retail telecommunications services
4as provided in this subsection.
5        (1) For geographic areas in which telecommunications
6    services provided by the Electing Provider were classified
7    as competitive either through legislative action or a
8    tariff filing pursuant to Section 13-502 prior to January
9    1, 2010, and that are included in the Electing Provider's
10    notice of election pursuant to subsection (b) of this
11    Section, such services, and all recurring and nonrecurring
12    charges associated with, related to or used in connection
13    with such services, shall be classified as competitive
14    without further Commission review. For services classified
15    as competitive pursuant to this subsection, the
16    requirements or conditions in any order or decision
17    rendered by the Commission pursuant to Section 13-502 prior
18    to the effective date of this amendatory Act of the 96th
19    General Assembly, except for the commitments made by the
20    Electing Provider in such order or decision concerning the
21    optional packages required in subsection (d) of this
22    Section and basic local exchange service as defined in this
23    Section, shall no longer be in effect and no Commission
24    investigation, review, or proceeding under Section 13-502
25    shall be continued, conducted, or maintained with respect
26    to such services, charges, requirements, or conditions. If

 

 

10000SB1839ham004- 107 -LRB100 06226 SLF 27386 a

1    an Electing Provider has ceased providing optional
2    packages to customers pursuant to subdivision (d)(8) of
3    this Section, the commitments made by the Electing Provider
4    in such order or decision concerning the optional packages
5    under subsection (d) of this Section shall no longer be in
6    effect and no Commission investigation, review, or
7    proceeding under Section 13-502 shall be continued,
8    conducted, or maintained with respect to such packages.
9        (2) For those geographic areas in which residential
10    local exchange telecommunications services have not been
11    classified as competitive as of the effective date of this
12    amendatory Act of the 96th General Assembly, all
13    telecommunications services provided to residential and
14    business end users by an Electing Provider in the
15    geographic area that is included in its notice of election
16    pursuant to subsection (b) shall be classified as
17    competitive for purposes of this Article without further
18    Commission review.
19        (3) If an Electing Provider was previously subject to
20    alternative regulation pursuant to Section 13-506.1 of
21    this Article, the alternative regulation plan shall
22    terminate in whole for all services subject to that plan
23    and be of no force or effect, without further Commission
24    review or action, when the Electing Provider's residential
25    local exchange telecommunications service in each MSA in
26    its telecommunications service area in the State has been

 

 

10000SB1839ham004- 108 -LRB100 06226 SLF 27386 a

1    classified as competitive pursuant to either subdivision
2    (c)(1) or (c)(2) of this Section.
3        (4) The service packages described in Section 13-518
4    shall be classified as competitive for purposes of this
5    Section if offered by an Electing Provider in a geographic
6    area in which local exchange telecommunications service
7    has been classified as competitive pursuant to either
8    subdivision (c)(1) or (c)(2) of this Section.
9        (5) Where a service, or its functional equivalent, or a
10    substitute service offered by a carrier that is not an
11    Electing Provider or the incumbent local exchange carrier
12    for that area is also being offered by an Electing Provider
13    for some identifiable class or group of customers in an
14    exchange, group of exchanges, or some other clearly defined
15    geographical area, the service offered by a carrier that is
16    not an Electing Provider or the incumbent local exchange
17    carrier for that area shall be classified as competitive
18    without further Commission review.
19        (6) Notwithstanding any other provision of this Act,
20    retail telecommunications services classified as
21    competitive pursuant to Section 13-502 or subdivision
22    (c)(5) of this Section shall have their rates, terms, and
23    conditions solely determined and regulated pursuant to the
24    terms of this Section in the same manner and to the same
25    extent as the competitive retail telecommunications
26    services of an Electing Provider, except that subsections

 

 

10000SB1839ham004- 109 -LRB100 06226 SLF 27386 a

1    (d), (g), and (j) of this Section shall not apply to a
2    carrier that is not an Electing Provider or to the
3    competitive telecommunications services of a carrier that
4    is not an Electing Provider. The access services of a
5    carrier that is not an Electing Provider shall remain
6    subject to Section 13-900.2. The requirements in
7    subdivision (e)(3) of this Section shall not apply to
8    retail telecommunications services classified as
9    competitive pursuant to Section 13-502 or subdivision
10    (c)(5) of this Section, except that, upon request from the
11    Commission, the telecommunications carrier providing
12    competitive retail telecommunications services shall
13    provide a report showing the number of credits and
14    exemptions for the requested time period.
15    (d) Consumer choice safe harbor options.
16        (1) Subject to subdivision (d)(8) of this Section, an
17    Electing Provider in each of the MSA or Exchange areas
18    classified as competitive pursuant to subdivision (c)(1)
19    or (c)(2) of this Section shall offer to all residential
20    customers who choose to subscribe the following optional
21    packages of services priced at the same rate levels in
22    effect on January 1, 2010:
23            (A) A basic package, which shall consist of a
24        stand-alone residential network access line and 30
25        local calls. If the Electing Provider offers a
26        stand-alone residential access line and local usage on

 

 

10000SB1839ham004- 110 -LRB100 06226 SLF 27386 a

1        a per call basis, the price for the basic package shall
2        be the Electing Provider's applicable price in effect
3        on January 1, 2010 for the sum of a residential access
4        line and 30 local calls, additional calls over 30 calls
5        shall be provided at the current per call rate.
6        However, this basic package is not required if
7        stand-alone residential network access lines or
8        per-call local usage are not offered by the Electing
9        Provider in the geographic area on January 1, 2010 or
10        if the Electing Provider has not increased its
11        stand-alone network access line and local usage rates,
12        including Extended Area Service rates, since January
13        1, 2010.
14            (B) An extra package, which shall consist of
15        residential basic local exchange network access line
16        and unlimited local calls. The price for the extra
17        package shall be the Electing Provider's applicable
18        price in effect on January 1, 2010 for a residential
19        access line with unlimited local calls.
20            (C) A plus package, which shall consist of
21        residential basic local exchange network access line,
22        unlimited local calls, and the customer's choice of 2
23        vertical services offered by the Electing Provider.
24        The term "vertical services" as used in this
25        subsection, includes, but is not limited to, call
26        waiting, call forwarding, 3-way calling, caller ID,

 

 

10000SB1839ham004- 111 -LRB100 06226 SLF 27386 a

1        call tracing, automatic callback, repeat dialing, and
2        voicemail. The price for the plus package shall be the
3        Electing Provider's applicable price in effect on
4        January 1, 2010 for the sum of a residential access
5        line with unlimited local calls and 2 times the average
6        price for the vertical features included in the
7        package.
8        (2) Subject to subdivision (d)(8) of this Section, for
9    those geographic areas in which local exchange
10    telecommunications services were classified as competitive
11    on the effective date of this amendatory Act of the 96th
12    General Assembly, an Electing Provider in each such MSA or
13    Exchange area shall be subject to the same terms and
14    conditions as provided in commitments made by the Electing
15    Provider in connection with such previous competitive
16    classifications, which shall apply with equal force under
17    this Section, except as follows: (i) the limits on price
18    increases on the optional packages required by this Section
19    shall be extended consistent with subsection (d)(1) of this
20    Section and (ii) the price for the extra package required
21    by subsection (d)(1)(B) shall be reduced by one dollar from
22    the price in effect on January 1, 2010. In addition, if an
23    Electing Provider obtains a competitive classification
24    pursuant to subsection (c)(1) and (c)(2), the price for the
25    optional packages shall be determined in such area in
26    compliance with subsection (d)(1), except the price for the

 

 

10000SB1839ham004- 112 -LRB100 06226 SLF 27386 a

1    plus package required by subsection (d)(1) (C) shall be the
2    lower of the price for such area or the price of the plus
3    package in effect on January 1, 2010 for areas classified
4    as competitive pursuant to subsection (c)(1).
5        (3) To the extent that the requirements in Section
6    13-518 applied to a telecommunications carrier prior to the
7    effective date of this Section and that telecommunications
8    carrier becomes an Electing Provider in accordance with the
9    provisions of this Section, the requirements in Section
10    13-518 shall cease to apply to that Electing Provider in
11    those geographic areas included in the Electing Provider's
12    notice of election pursuant to subsection (b) of this
13    Section.
14        (4) Subject to subdivision (d)(8) of this Section, an
15    Electing Provider shall make the optional packages
16    required by this subsection and stand-alone residential
17    network access lines and local usage, where offered,
18    readily available to the public by providing information,
19    in a clear manner, to residential customers. Information
20    shall be made available on a website, and an Electing
21    Provider shall provide notification to its customers every
22    6 months, provided that notification may consist of a bill
23    page message that provides an objective description of the
24    safe harbor options that includes a telephone number and
25    website address where the customer may obtain additional
26    information about the packages from the Electing Provider.

 

 

10000SB1839ham004- 113 -LRB100 06226 SLF 27386 a

1    The optional packages shall be offered on a monthly basis
2    with no term of service requirement. An Electing Provider
3    shall allow online electronic ordering of the optional
4    packages and stand-alone residential network access lines
5    and local usage, where offered, on its website in a manner
6    similar to the online electronic ordering of its other
7    residential services.
8        (5) Subject to subdivision (d)(8) of this Section, an
9    Electing Provider shall comply with the Commission's
10    existing rules, regulations, and notices in Title 83, Part
11    735 of the Illinois Administrative Code when offering or
12    providing the optional packages required by this
13    subsection (d) and stand-alone residential network access
14    lines.
15        (6) Subject to subdivision (d)(8) of this Section, an
16    Electing Provider shall provide to the Commission
17    semi-annual subscribership reports as of June 30 and
18    December 31 that contain the number of its customers
19    subscribing to each of the consumer choice safe harbor
20    packages required by subsection (d)(1) of this Section and
21    the number of its customers subscribing to retail
22    residential basic local exchange service as defined in
23    subsection (a)(2) of this Section. The first semi-annual
24    reports shall be made on April 1, 2011 for December 31,
25    2010, and on September 1, 2011 for June 30, 2011, and
26    semi-annually on April 1 and September 1 thereafter. Such

 

 

10000SB1839ham004- 114 -LRB100 06226 SLF 27386 a

1    subscribership information shall be accorded confidential
2    and proprietary treatment upon request by the Electing
3    Provider.
4        (7) The Commission shall have the power, after notice
5    and hearing as provided in this Article, upon complaint or
6    upon its own motion, to take corrective action if the
7    requirements of this Section are not complied with by an
8    Electing Provider.
9        (8) On and after the effective date of this amendatory
10    Act of the 99th General Assembly, an Electing Provider
11    shall continue to offer and provide the optional packages
12    described in this subsection (d) to existing customers and
13    new customers. On and after January 1, 2021, July 1, 2017,
14    an Electing Provider may immediately stop offering the
15    optional packages described in this subsection (d) and,
16    upon providing two notices to affected customers and to the
17    Commission, may stop providing the optional packages
18    described in this subsection (d) to all customers who
19    subscribe to one of the optional packages. The first notice
20    shall be provided at least 90 days before the date upon
21    which the Electing Provider intends to stop providing the
22    optional packages, and the second notice must be provided
23    at least 30 days before that date. The first notice shall
24    not be provided prior to January 1, 2021 July 1, 2017. Each
25    notice must identify the date on which the Electing
26    Provider intends to stop providing the optional packages,

 

 

10000SB1839ham004- 115 -LRB100 06226 SLF 27386 a

1    at least one alternative service available to the customer,
2    and a telephone number by which the customer may contact a
3    service representative of the Electing Provider. After
4    January 1, 2021, July 1, 2017 with respect to new
5    customers, and upon the expiration of the second notice
6    period with respect to customers who were subscribing to
7    one of the optional packages, subdivisions (d)(1), (d)(2),
8    (d)(4), (d)(5), (d)(6), and (d)(7) of this Section shall
9    not apply to the Electing Provider. Notwithstanding any
10    other provision of this Article, an Electing Provider that
11    has ceased providing the optional packages under this
12    subdivision (d)(8) is not subject to Section 13-301(1)(c)
13    of this Act. Notwithstanding any other provision of this
14    Act, and subject to subdivision (d)(7) of this Section, the
15    Commission's authority over the discontinuance of the
16    optional packages described in this subsection (d) by an
17    Electing Provider shall be governed solely by this
18    subsection (d)(8).
19    (e) Service quality and customer credits for basic local
20exchange service.
21        (1) An Electing Provider shall meet the following
22    service quality standards in providing basic local
23    exchange service, which for purposes of this subsection
24    (e), includes both basic local exchange service and any
25    consumer choice safe harbor options that may be required by
26    subsection (d) of this Section.

 

 

10000SB1839ham004- 116 -LRB100 06226 SLF 27386 a

1            (A) Install basic local exchange service within 5
2        business days after receipt of an order from the
3        customer unless the customer requests an installation
4        date that is beyond 5 business days after placing the
5        order for basic service and to inform the customer of
6        the Electing Provider's duty to install service within
7        this timeframe. If installation of service is
8        requested on or by a date more than 5 business days in
9        the future, the Electing Provider shall install
10        service by the date requested.
11            (B) Restore basic local exchange service for the
12        customer within 30 hours after receiving notice that
13        the customer is out of service.
14            (C) Keep all repair and installation appointments
15        for basic local exchange service if a customer premises
16        visit requires a customer to be present. The
17        appointment window shall be either a specific time or,
18        at a maximum, a 4-hour time block during evening,
19        weekend, and normal business hours.
20            (D) Inform a customer when a repair or installation
21        appointment requires the customer to be present.
22        (2) Customers shall be credited by the Electing
23    Provider for violations of basic local exchange service
24    quality standards described in subdivision (e)(1) of this
25    Section. The credits shall be applied automatically on the
26    statement issued to the customer for the next monthly

 

 

10000SB1839ham004- 117 -LRB100 06226 SLF 27386 a

1    billing cycle following the violation or following the
2    discovery of the violation. The next monthly billing cycle
3    following the violation or the discovery of the violation
4    means the billing cycle immediately following the billing
5    cycle in process at the time of the violation or discovery
6    of the violation, provided the total time between the
7    violation or discovery of the violation and the issuance of
8    the credit shall not exceed 60 calendar days. The Electing
9    Provider is responsible for providing the credits and the
10    customer is under no obligation to request such credits.
11    The following credits shall apply:
12            (A) If an Electing Provider fails to repair an
13        out-of-service condition for basic local exchange
14        service within 30 hours, the Electing Provider shall
15        provide a credit to the customer. If the service
16        disruption is for more than 30 hours, but not more than
17        48 hours, the credit must be equal to a pro-rata
18        portion of the monthly recurring charges for all basic
19        local exchange services disrupted. If the service
20        disruption is for more than 48 hours, but not more than
21        72 hours, the credit must be equal to at least 33% of
22        one month's recurring charges for all local services
23        disrupted. If the service disruption is for more than
24        72 hours, but not more than 96 hours, the credit must
25        be equal to at least 67% of one month's recurring
26        charges for all basic local exchange services

 

 

10000SB1839ham004- 118 -LRB100 06226 SLF 27386 a

1        disrupted. If the service disruption is for more than
2        96 hours, but not more than 120 hours, the credit must
3        be equal to one month's recurring charges for all basic
4        local exchange services disrupted. For each day or
5        portion thereof that the service disruption continues
6        beyond the initial 120-hour period, the Electing
7        Provider shall also provide an additional credit of $20
8        per calendar day.
9            (B) If an Electing Provider fails to install basic
10        local exchange service as required under subdivision
11        (e)(1) of this Section, the Electing Provider shall
12        waive 50% of any installation charges, or in the
13        absence of an installation charge or where
14        installation is pursuant to the Link Up program, the
15        Electing Provider shall provide a credit of $25. If an
16        Electing Provider fails to install service within 10
17        business days after the service application is placed,
18        or fails to install service within 5 business days
19        after the customer's requested installation date, if
20        the requested date was more than 5 business days after
21        the date of the order, the Electing Provider shall
22        waive 100% of the installation charge, or in the
23        absence of an installation charge or where
24        installation is provided pursuant to the Link Up
25        program, the Electing Provider shall provide a credit
26        of $50. For each day that the failure to install

 

 

10000SB1839ham004- 119 -LRB100 06226 SLF 27386 a

1        service continues beyond the initial 10 business days,
2        or beyond 5 business days after the customer's
3        requested installation date, if the requested date was
4        more than 5 business days after the date of the order,
5        the Electing Provider shall also provide an additional
6        credit of $20 per calendar day until the basic local
7        exchange service is installed.
8            (C) If an Electing Provider fails to keep a
9        scheduled repair or installation appointment when a
10        customer premises visit requires a customer to be
11        present as required under subdivision (e)(1) of this
12        Section, the Electing Provider shall credit the
13        customer $25 per missed appointment. A credit required
14        by this subdivision does not apply when the Electing
15        Provider provides the customer notice of its inability
16        to keep the appointment no later than 8:00 pm of the
17        day prior to the scheduled date of the appointment.
18            (D) Credits required by this subsection do not
19        apply if the violation of a service quality standard:
20                (i) occurs as a result of a negligent or
21            willful act on the part of the customer;
22                (ii) occurs as a result of a malfunction of
23            customer-owned telephone equipment or inside
24            wiring;
25                (iii) occurs as a result of, or is extended by,
26            an emergency situation as defined in 83 Ill. Adm.

 

 

10000SB1839ham004- 120 -LRB100 06226 SLF 27386 a

1            Code 732.10;
2                (iv) is extended by the Electing Provider's
3            inability to gain access to the customer's
4            premises due to the customer missing an
5            appointment, provided that the violation is not
6            further extended by the Electing Provider;
7                (v) occurs as a result of a customer request to
8            change the scheduled appointment, provided that
9            the violation is not further extended by the
10            Electing Provider;
11                (vi) occurs as a result of an Electing
12            Provider's right to refuse service to a customer as
13            provided in Commission rules; or
14                (vii) occurs as a result of a lack of
15            facilities where a customer requests service at a
16            geographically remote location, where a customer
17            requests service in a geographic area where the
18            Electing Provider is not currently offering
19            service, or where there are insufficient
20            facilities to meet the customer's request for
21            service, subject to an Electing Provider's
22            obligation for reasonable facilities planning.
23        (3) Each Electing Provider shall provide to the
24    Commission on a quarterly basis and in a form suitable for
25    posting on the Commission's website in conformance with the
26    rules adopted by the Commission and in effect on April 1,

 

 

10000SB1839ham004- 121 -LRB100 06226 SLF 27386 a

1    2010, a public report that includes the following data for
2    basic local exchange service quality of service:
3            (A) With regard to credits due in accordance with
4        subdivision (e)(2)(A) as a result of out-of-service
5        conditions lasting more than 30 hours:
6                (i) the total dollar amount of any customer
7            credits paid;
8                (ii) the number of credits issued for repairs
9            between 30 and 48 hours;
10                (iii) the number of credits issued for repairs
11            between 49 and 72 hours;
12                (iv) the number of credits issued for repairs
13            between 73 and 96 hours;
14                (v) the number of credits used for repairs
15            between 97 and 120 hours;
16                (vi) the number of credits issued for repairs
17            greater than 120 hours; and
18                (vii) the number of exemptions claimed for
19            each of the categories identified in subdivision
20            (e)(2)(D).
21            (B) With regard to credits due in accordance with
22        subdivision (e)(2)(B) as a result of failure to install
23        basic local exchange service:
24                (i) the total dollar amount of any customer
25            credits paid;
26                (ii) the number of installations after 5

 

 

10000SB1839ham004- 122 -LRB100 06226 SLF 27386 a

1            business days;
2                (iii) the number of installations after 10
3            business days;
4                (iv) the number of installations after 11
5            business days; and
6                (v) the number of exemptions claimed for each
7            of the categories identified in subdivision
8            (e)(2)(D).
9            (C) With regard to credits due in accordance with
10        subdivision (e)(2)(C) as a result of missed
11        appointments:
12                (i) the total dollar amount of any customer
13            credits paid;
14                (ii) the number of any customers receiving
15            credits; and
16                (iii) the number of exemptions claimed for
17            each of the categories identified in subdivision
18            (e)(2)(D).
19            (D) The Electing Provider's annual report required
20        by this subsection shall also include, for
21        informational reporting, the performance data
22        described in subdivisions (e)(2)(A), (e)(2)(B), and
23        (e)(2)(C), and trouble reports per 100 access lines
24        calculated using the Commission's existing applicable
25        rules and regulations for such measures, including the
26        requirements for service standards established in this

 

 

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1        Section.
2        (4) It is the intent of the General Assembly that the
3    service quality rules and customer credits in this
4    subsection (e) of this Section and other enforcement
5    mechanisms, including fines and penalties authorized by
6    Section 13-305, shall apply on a nondiscriminatory basis to
7    all Electing Providers. Accordingly, notwithstanding any
8    provision of any service quality rules promulgated by the
9    Commission, any alternative regulation plan adopted by the
10    Commission, or any other order of the Commission, any
11    Electing Provider that is subject to any other order of the
12    Commission and that violates or fails to comply with the
13    service quality standards promulgated pursuant to this
14    subsection (e) or any other order of the Commission shall
15    not be subject to any fines, penalties, customer credits,
16    or enforcement mechanisms other than such fines or
17    penalties or customer credits as may be imposed by the
18    Commission in accordance with the provisions of this
19    subsection (e) and Section 13-305, which are to be
20    generally applicable to all Electing Providers. The amount
21    of any fines or penalties imposed by the Commission for
22    failure to comply with the requirements of this subsection
23    (e) shall be an appropriate amount, taking into account, at
24    a minimum, the Electing Provider's gross annual intrastate
25    revenue; the frequency, duration, and recurrence of the
26    violation; and the relative harm caused to the affected

 

 

10000SB1839ham004- 124 -LRB100 06226 SLF 27386 a

1    customers or other users of the network. In imposing fines
2    and penalties, the Commission shall take into account
3    compensation or credits paid by the Electing Provider to
4    its customers pursuant to this subsection (e) in
5    compensation for any violation found pursuant to this
6    subsection (e), and in any event the fine or penalty shall
7    not exceed an amount equal to the maximum amount of a civil
8    penalty that may be imposed under Section 13-305.
9        (5) An Electing Provider in each of the MSA or Exchange
10    areas classified as competitive pursuant to subsection (c)
11    of this Section shall fulfill the requirements in
12    subdivision (e)(3) of this Section for 3 years after its
13    notice of election becomes effective. After such 3 years,
14    the requirements in subdivision (e)(3) of this Section
15    shall not apply to such Electing Provider, except that,
16    upon request from the Commission, the Electing Provider
17    shall provide a report showing the number of credits and
18    exemptions for the requested time period.
19    (f) Commission jurisdiction over competitive retail
20telecommunications services. Except as otherwise expressly
21stated in this Section, the Commission shall thereafter have no
22jurisdiction or authority over any aspect of competitive retail
23telecommunications service of an Electing Provider in those
24geographic areas included in the Electing Provider's notice of
25election pursuant to subsection (b) of this Section or of a
26retail telecommunications service classified as competitive

 

 

10000SB1839ham004- 125 -LRB100 06226 SLF 27386 a

1pursuant to Section 13-502 or subdivision (c)(5) of this
2Section, heretofore subject to the jurisdiction of the
3Commission, including but not limited to, any requirements of
4this Article related to the terms, conditions, rates, quality
5of service, availability, classification or any other aspect of
6any competitive retail telecommunications services. No
7telecommunications carrier shall commit any unfair or
8deceptive act or practice in connection with any aspect of the
9offering or provision of any competitive retail
10telecommunications service. Nothing in this Article shall
11limit or affect any provisions in the Consumer Fraud and
12Deceptive Business Practices Act with respect to any unfair or
13deceptive act or practice by a telecommunications carrier.
14    (g) Commission authority over access services upon
15election for market regulation.
16        (1) As part of its Notice of Election for Market
17    Regulation, the Electing Provider shall reduce its
18    intrastate switched access rates to rates no higher than
19    its interstate switched access rates in 4 installments. The
20    first reduction must be made 30 days after submission of
21    its complete application for Notice of Election for Market
22    Regulation, and the Electing Provider must reduce its
23    intrastate switched access rates by an amount equal to 33%
24    of the difference between its current intrastate switched
25    access rates and its current interstate switched access
26    rates. The second reduction must be made no later than one

 

 

10000SB1839ham004- 126 -LRB100 06226 SLF 27386 a

1    year after the first reduction, and the Electing Provider
2    must reduce its then current intrastate switched access
3    rates by an amount equal to 41% of the difference between
4    its then current intrastate switched access rates and its
5    then current interstate switched access rates. The third
6    reduction must be made no later than one year after the
7    second reduction, and the Electing Provider must reduce its
8    then current intrastate switched access rates by an amount
9    equal to 50% of the difference between its then current
10    intrastate switched access rate and its then current
11    interstate switched access rates. The fourth reduction
12    must be made on or before June 30, 2013, and the Electing
13    Provider must reduce its intrastate switched access rate to
14    mirror its then current interstate switched access rates
15    and rate structure. Following the fourth reduction, each
16    Electing Provider must continue to set its intrastate
17    switched access rates to mirror its interstate switched
18    access rates and rate structure. For purposes of this
19    subsection, the rate for intrastate switched access
20    service means the composite, per-minute rate for that
21    service, including all applicable fixed and
22    traffic-sensitive charges, including, but not limited to,
23    carrier common line charges.
24        (2) Nothing in paragraph (1) of this subsection (g)
25    prohibits an Electing Provider from electing to offer
26    intrastate switched access service at rates lower than its

 

 

10000SB1839ham004- 127 -LRB100 06226 SLF 27386 a

1    interstate switched access rates.
2        (3) The Commission shall have no authority to order an
3    Electing Provider to set its rates for intrastate switched
4    access at a level lower than its interstate switched access
5    rates.
6        (4) The Commission's authority under this subsection
7    (g) shall only apply to Electing Providers under Market
8    Regulation. The Commission's authority over switched
9    access services for all other carriers is retained under
10    Section 13-900.2 of this Act.
11    (h) Safety of service equipment and facilities.
12        (1) An Electing Provider shall furnish, provide, and
13    maintain such service instrumentalities, equipment, and
14    facilities as shall promote the safety, health, comfort,
15    and convenience of its patrons, employees, and public and
16    as shall be in all respects adequate, reliable, and
17    efficient without discrimination or delay. Every Electing
18    Provider shall provide service and facilities that are in
19    all respects environmentally safe.
20        (2) The Commission is authorized to conduct an
21    investigation of any Electing Provider or part thereof. The
22    investigation may examine the reasonableness, prudence, or
23    efficiency of any aspect of the Electing Provider's
24    operations or functions that may affect the adequacy,
25    safety, efficiency, or reliability of telecommunications
26    service. The Commission may conduct or order an

 

 

10000SB1839ham004- 128 -LRB100 06226 SLF 27386 a

1    investigation only when it has reasonable grounds to
2    believe that the investigation is necessary to assure that
3    the Electing Provider is providing adequate, efficient,
4    reliable, and safe service. The Commission shall, before
5    initiating any such investigation, issue an order
6    describing the grounds for the investigation and the
7    appropriate scope and nature of the investigation, which
8    shall be reasonably related to the grounds relied upon by
9    the Commission in its order.
10    (i) (Blank).
11    (j) Application of Article VII. The provisions of Sections
127-101, 7-102, 7-104, 7-204, 7-205, and 7-206 of this Act are
13applicable to an Electing Provider offering or providing retail
14telecommunications service, and the Commission's regulation
15thereof, except that (1) the approval of contracts and
16arrangements with affiliated interests required by paragraph
17(3) of Section 7-101 shall not apply to such telecommunications
18carriers provided that, except as provided in item (2), those
19contracts and arrangements shall be filed with the Commission;
20(2) affiliated interest contracts or arrangements entered into
21by such telecommunications carriers where the increased
22obligation thereunder does not exceed the lesser of $5,000,000
23or 5% of such carrier's prior annual revenue from
24noncompetitive services are not required to be filed with the
25Commission; and (3) any consent and approval of the Commission
26required by Section 7-102 is not required for the sale, lease,

 

 

10000SB1839ham004- 129 -LRB100 06226 SLF 27386 a

1assignment, or transfer by any Electing Provider of any
2property that is not necessary or useful in the performance of
3its duties to the public.
4    (k) Notwithstanding other provisions of this Section, the
5Commission retains its existing authority to enforce the
6provisions, conditions, and requirements of the following
7Sections of this Article: 13-101, 13-103, 13-201, 13-301,
813-301.1, 13-301.2, 13-301.3, 13-303, 13-303.5, 13-304,
913-305, 13-401, 13-401.1, 13-402, 13-403, 13-404, 13-404.1,
1013-404.2, 13-405, 13-406, 13-407, 13-501, 13-501.5, 13-503,
1113-505, 13-509, 13-510, 13-512, 13-513, 13-514, 13-515,
1213-516, 13-519, 13-702, 13-703, 13-704, 13-705, 13-706,
1313-707, 13-709, 13-713, 13-801, 13-802.1, 13-804, 13-900,
1413-900.1, 13-900.2, 13-901, 13-902, and 13-903, which are fully
15and equally applicable to Electing Providers and to
16telecommunications carriers providing retail
17telecommunications service classified as competitive pursuant
18to Section 13-502 or subdivision (c)(5) of this Section subject
19to the provisions of this Section. On the effective date of
20this amendatory Act of the 98th General Assembly, the following
21Sections of this Article shall cease to apply to Electing
22Providers and to telecommunications carriers providing retail
23telecommunications service classified as competitive pursuant
24to Section 13-502 or subdivision (c)(5) of this Section:
2513-302, 13-405.1, 13-502, 13-502.5, 13-504, 13-505.2,
2613-505.3, 13-505.4, 13-505.5, 13-505.6, 13-506.1, 13-507,

 

 

10000SB1839ham004- 130 -LRB100 06226 SLF 27386 a

113-507.1, 13-508, 13-508.1, 13-517, 13-518, 13-601, 13-701,
2and 13-712.
3(Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)
 
4    (220 ILCS 5/13-703)  (from Ch. 111 2/3, par. 13-703)
5    (Section scheduled to be repealed on July 1, 2017)
6    Sec. 13-703. (a) The Commission shall design and implement
7a program whereby each telecommunications carrier providing
8local exchange service shall provide a telecommunications
9device capable of servicing the needs of those persons with a
10hearing or speech disability together with a single party line,
11at no charge additional to the basic exchange rate, to any
12subscriber who is certified as having a hearing or speech
13disability by a hearing care professional, as defined in the
14Hearing Instrument Consumer Protection Act, a speech-language
15pathologist, or a qualified State agency and to any subscriber
16which is an organization serving the needs of those persons
17with a hearing or speech disability as determined and specified
18by the Commission pursuant to subsection (d).
19    (b) The Commission shall design and implement a program,
20whereby each telecommunications carrier providing local
21exchange service shall provide a telecommunications relay
22system, using third party intervention to connect those persons
23having a hearing or speech disability with persons of normal
24hearing by way of intercommunications devices and the telephone
25system, making available reasonable access to all phases of

 

 

10000SB1839ham004- 131 -LRB100 06226 SLF 27386 a

1public telephone service to persons who have a hearing or
2speech disability. In order to design a telecommunications
3relay system which will meet the requirements of those persons
4with a hearing or speech disability available at a reasonable
5cost, the Commission shall initiate an investigation and
6conduct public hearings to determine the most cost-effective
7method of providing telecommunications relay service to those
8persons who have a hearing or speech disability when using
9telecommunications devices and therein solicit the advice,
10counsel, and physical assistance of Statewide nonprofit
11consumer organizations that serve persons with hearing or
12speech disabilities in such hearings and during the development
13and implementation of the system. The Commission shall phase in
14this program, on a geographical basis, as soon as is
15practicable, but no later than June 30, 1990.
16    (c) The Commission shall establish a competitively neutral
17rate recovery mechanism that establishes charges in an amount
18to be determined by the Commission for each line of a
19subscriber to allow telecommunications carriers providing
20local exchange service to recover costs as they are incurred
21under this Section. Beginning no later than April 1, 2016, and
22on a yearly basis thereafter, the Commission shall initiate a
23proceeding to establish the competitively neutral amount to be
24charged or assessed to subscribers of telecommunications
25carriers and wireless carriers, Interconnected VoIP service
26providers, and consumers of prepaid wireless

 

 

10000SB1839ham004- 132 -LRB100 06226 SLF 27386 a

1telecommunications service in a manner consistent with this
2subsection (c) and subsection (f) of this Section. The
3Commission shall issue its order establishing the
4competitively neutral amount to be charged or assessed to
5subscribers of telecommunications carriers and wireless
6carriers, Interconnected VoIP service providers, and
7purchasers of prepaid wireless telecommunications service on
8or prior to June 1 of each year, and such amount shall take
9effect June 1 of each year.
10    Telecommunications carriers, wireless carriers,
11Interconnected VoIP service providers, and sellers of prepaid
12wireless telecommunications service shall have 60 days from the
13date the Commission files its order to implement the new rate
14established by the order.
15    (d) The Commission shall determine and specify those
16organizations serving the needs of those persons having a
17hearing or speech disability that shall receive a
18telecommunications device and in which offices the equipment
19shall be installed in the case of an organization having more
20than one office. For the purposes of this Section,
21"organizations serving the needs of those persons with hearing
22or speech disabilities" means centers for independent living as
23described in Section 12a of the Rehabilitation of Persons with
24Disabilities Act and not-for-profit organizations whose
25primary purpose is serving the needs of those persons with
26hearing or speech disabilities. The Commission shall direct the

 

 

10000SB1839ham004- 133 -LRB100 06226 SLF 27386 a

1telecommunications carriers subject to its jurisdiction and
2this Section to comply with its determinations and
3specifications in this regard.
4    (e) As used in this Section:
5    "Prepaid wireless telecommunications service" has the
6meaning given to that term under Section 10 of the Prepaid
7Wireless 9-1-1 Surcharge Act.
8    "Retail transaction" has the meaning given to that term
9under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act.
10    "Seller" has the meaning given to that term under Section
1110 of the Prepaid Wireless 9-1-1 Surcharge Act.
12    "Telecommunications carrier providing local exchange
13service" includes, without otherwise limiting the meaning of
14the term, telecommunications carriers which are purely mutual
15concerns, having no rates or charges for services, but paying
16the operating expenses by assessment upon the members of such a
17company and no other person.
18    "Wireless carrier" has the meaning given to that term under
19Section 2 10 of the Wireless Emergency Telephone System Safety
20Act.
21    (f) Interconnected VoIP service providers, sellers of
22prepaid wireless telecommunications service, and wireless
23carriers in Illinois shall collect and remit assessments
24determined in accordance with this Section in a competitively
25neutral manner in the same manner as a telecommunications
26carrier providing local exchange service. However, the

 

 

10000SB1839ham004- 134 -LRB100 06226 SLF 27386 a

1assessment imposed on consumers of prepaid wireless
2telecommunications service shall be collected by the seller
3from the consumer and imposed per retail transaction as a
4percentage of that retail transaction on all retail
5transactions occurring in this State. The assessment on
6subscribers of wireless carriers and consumers of prepaid
7wireless telecommunications service shall not be imposed or
8collected prior to June 1, 2016.
9    Sellers of prepaid wireless telecommunications service
10shall remit the assessments to the Department of Revenue on the
11same form and in the same manner which they remit the fee
12collected under the Prepaid Wireless 9-1-1 Surcharge Act. For
13the purposes of display on the consumers' receipts, the rates
14of the fee collected under the Prepaid Wireless 9-1-1 Surcharge
15Act and the assessment under this Section may be combined. In
16administration and enforcement of this Section, the provisions
17of Sections 15 and 20 of the Prepaid Wireless 9-1-1 Surcharge
18Act (except subsections (a), (a-5), (b-5), (e), and (e-5) of
19Section 15 and subsections (c) and (e) of Section 20 of the
20Prepaid Wireless 9-1-1 Surcharge Act and, from June 29, 2015
21(the effective date of Public Act 99-6), the seller shall be
22permitted to deduct and retain 3% of the assessments that are
23collected by the seller from consumers and that are remitted
24and timely filed with the Department) that are not inconsistent
25with this Section, shall apply, as far as practicable, to the
26subject matter of this Section to the same extent as if those

 

 

10000SB1839ham004- 135 -LRB100 06226 SLF 27386 a

1provisions were included in this Section. The Department shall
2deposit all assessments and penalties collected under this
3Section into the Illinois Telecommunications Access
4Corporation Fund, a special fund created in the State treasury.
5On or before the 25th day of each calendar month, the
6Department shall prepare and certify to the Comptroller the
7amount available to the Commission for distribution out of the
8Illinois Telecommunications Access Corporation Fund. The
9amount certified shall be the amount (not including credit
10memoranda) collected during the second preceding calendar
11month by the Department, plus an amount the Department
12determines is necessary to offset any amounts which were
13erroneously paid to a different taxing body or fund. The amount
14paid to the Illinois Telecommunications Access Corporation
15Fund shall not include any amount equal to the amount of
16refunds made during the second preceding calendar month by the
17Department to retailers under this Section or any amount that
18the Department determines is necessary to offset any amounts
19which were payable to a different taxing body or fund but were
20erroneously paid to the Illinois Telecommunications Access
21Corporation Fund. The Commission shall distribute all the funds
22to the Illinois Telecommunications Access Corporation and the
23funds may only be used in accordance with the provisions of
24this Section. The Department shall deduct 2% of all amounts
25deposited in the Illinois Telecommunications Access
26Corporation Fund during every year of remitted assessments. Of

 

 

10000SB1839ham004- 136 -LRB100 06226 SLF 27386 a

1the 2% deducted by the Department, one-half shall be
2transferred into the Tax Compliance and Administration Fund to
3reimburse the Department for its direct costs of administering
4the collection and remittance of the assessment. The remaining
5one-half shall be transferred into the Public Utility Fund to
6reimburse the Commission for its costs of distributing to the
7Illinois Telecommunications Access Corporation the amount
8certified by the Department for distribution. The amount to be
9charged or assessed under subsections (c) and (f) is not
10imposed on a provider or the consumer for wireless Lifeline
11service where the consumer does not pay the provider for the
12service. Where the consumer purchases from the provider
13optional minutes, texts, or other services in addition to the
14federally funded Lifeline benefit, a consumer must pay the
15charge or assessment, and it must be collected by the seller
16according to this subsection (f).
17    Interconnected VoIP services shall not be considered an
18intrastate telecommunications service for the purposes of this
19Section in a manner inconsistent with federal law or Federal
20Communications Commission regulation.
21    (g) The provisions of this Section are severable under
22Section 1.31 of the Statute on Statutes.
23    (h) The Commission may adopt rules necessary to implement
24this Section.
25(Source: P.A. 99-6, eff. 6-29-15; 99-143, eff. 7-27-15; 99-642,
26eff. 7-28-16; 99-847, eff. 8-19-16; 99-933, eff. 1-27-17;

 

 

10000SB1839ham004- 137 -LRB100 06226 SLF 27386 a

1revised 2-15-17.)
 
2    (220 ILCS 5/13-1200)
3    (Section scheduled to be repealed on July 1, 2017)
4    Sec. 13-1200. Repealer. This Article is repealed December
531, 2023 July 1, 2017.
6(Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)
 
7    (220 ILCS 5/21-401)
8    (Section scheduled to be repealed on July 1, 2017)
9    Sec. 21-401. Applications.
10    (a)(1) A person or entity seeking to provide cable service
11or video service pursuant to this Article shall not use the
12public rights-of-way for the installation or construction of
13facilities for the provision of cable service or video service
14or offer cable service or video service until it has obtained a
15State-issued authorization to offer or provide cable or video
16service under this Section, except as provided for in item (2)
17of this subsection (a). All cable or video providers offering
18or providing service in this State shall have authorization
19pursuant to either (i) the Cable and Video Competition Law of
202007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the
21Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section
225-1095 of the Counties Code (55 ILCS 5/5-1095).
23    (2) Nothing in this Section shall prohibit a local unit of
24government from granting a permit to a person or entity for the

 

 

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1use of the public rights-of-way to install or construct
2facilities to provide cable service or video service, at its
3sole discretion. No unit of local government shall be liable
4for denial or delay of a permit prior to the issuance of a
5State-issued authorization.
6    (b) The application to the Commission for State-issued
7authorization shall contain a completed affidavit submitted by
8the applicant and signed by an officer or general partner of
9the applicant affirming all of the following:
10        (1) That the applicant has filed or will timely file
11    with the Federal Communications Commission all forms
12    required by that agency in advance of offering cable
13    service or video service in this State.
14        (2) That the applicant agrees to comply with all
15    applicable federal and State statutes and regulations.
16        (3) That the applicant agrees to comply with all
17    applicable local unit of government regulations.
18        (4) An exact description of the cable service or video
19    service area where the cable service or video service will
20    be offered during the term of the State-issued
21    authorization. The service area shall be identified in
22    terms of either (i) exchanges, as that term is defined in
23    Section 13-206 of this Act; (ii) a collection of United
24    States Census Bureau Block numbers (13 digit); (iii) if the
25    area is smaller than the areas identified in either (i) or
26    (ii), by geographic information system digital boundaries

 

 

10000SB1839ham004- 139 -LRB100 06226 SLF 27386 a

1    meeting or exceeding national map accuracy standards; or
2    (iv) local unit of government. The description shall
3    include the number of low-income households within the
4    service area or footprint. If an applicant is an incumbent
5    cable operator, the incumbent cable operator and any
6    successor-in-interest shall be obligated to provide access
7    to cable services or video services within any local units
8    of government at the same levels required by the local
9    franchising authorities for the local unit of government on
10    June 30, 2007 (the effective date of Public Act 95-9), and
11    its application shall provide a description of an area no
12    smaller than the service areas contained in its franchise
13    or franchises within the jurisdiction of the local unit of
14    government in which it seeks to offer cable or video
15    service.
16        (5) The location and telephone number of the
17    applicant's principal place of business within this State
18    and the names of the applicant's principal executive
19    officers who are responsible for communications concerning
20    the application and the services to be offered pursuant to
21    the application, the applicant's legal name, and any name
22    or names under which the applicant does or will provide
23    cable services or video services in this State.
24        (6) A certification that the applicant has
25    concurrently delivered a copy of the application to all
26    local units of government that include all or any part of

 

 

10000SB1839ham004- 140 -LRB100 06226 SLF 27386 a

1    the service area identified in item (4) of this subsection
2    (b) within such local unit of government's jurisdictional
3    boundaries.
4        (7) The expected date that cable service or video
5    service will be initially offered in the area identified in
6    item (4) of this subsection (b). In the event that a holder
7    does not offer cable services or video services within 3
8    months after the expected date, it shall amend its
9    application and update the expected date service will be
10    offered and explain the delay in offering cable services or
11    video services.
12        (8) For any entity that received State-issued
13    authorization prior to this amendatory Act of the 98th
14    General Assembly as a cable operator and that intends to
15    proceed as a cable operator under this Article, the entity
16    shall file a written affidavit with the Commission and
17    shall serve a copy of the affidavit with any local units of
18    government affected by the authorization within 30 days
19    after the effective date of this amendatory Act of the 98th
20    General Assembly stating that the holder will be providing
21    cable service under the State-issued authorization.
22    The application shall include adequate assurance that the
23applicant possesses the financial, managerial, legal, and
24technical qualifications necessary to construct and operate
25the proposed system, to promptly repair any damage to the
26public right-of-way caused by the applicant, and to pay the

 

 

10000SB1839ham004- 141 -LRB100 06226 SLF 27386 a

1cost of removal of its facilities. To accomplish these
2requirements, the applicant may, at the time the applicant
3seeks to use the public rights-of-way in that jurisdiction, be
4required by the State of Illinois or later be required by the
5local unit of government, or both, to post a bond, produce a
6certificate of insurance, or otherwise demonstrate its
7financial responsibility.
8    The application shall include the applicant's general
9standards related to customer service required by Section
1022-501 of this Act, which shall include, but not be limited to,
11installation, disconnection, service and repair obligations;
12appointment hours; employee ID requirements; customer service
13telephone numbers and hours; procedures for billing, charges,
14deposits, refunds, and credits; procedures for termination of
15service; notice of deletion of programming service and changes
16related to transmission of programming or changes or increases
17in rates; use and availability of parental control or lock-out
18devices; complaint procedures and procedures for bill dispute
19resolution and a description of the rights and remedies
20available to consumers if the holder does not materially meet
21their customer service standards; and special services for
22customers with visual, hearing, or mobility disabilities.
23    (c)(1) The applicant may designate information that it
24submits in its application or subsequent reports as
25confidential or proprietary, provided that the applicant
26states the reasons the confidential designation is necessary.

 

 

10000SB1839ham004- 142 -LRB100 06226 SLF 27386 a

1The Commission shall provide adequate protection for such
2information pursuant to Section 4-404 of this Act. If the
3Commission, a local unit of government, or any other party
4seeks public disclosure of information designated as
5confidential, the Commission shall consider the confidential
6designation in a proceeding under the Illinois Administrative
7Procedure Act, and the burden of proof to demonstrate that the
8designated information is confidential shall be upon the
9applicant. Designated information shall remain confidential
10pending the Commission's determination of whether the
11information is entitled to confidential treatment. Information
12designated as confidential shall be provided to local units of
13government for purposes of assessing compliance with this
14Article as permitted under a Protective Order issued by the
15Commission pursuant to the Commission's rules and to the
16Attorney General pursuant to Section 6.5 of the Attorney
17General Act (15 ILCS 205/6.5). Information designated as
18confidential under this Section or determined to be
19confidential upon Commission review shall only be disclosed
20pursuant to a valid and enforceable subpoena or court order or
21as required by the Freedom of Information Act. Nothing herein
22shall delay the application approval timeframes set forth in
23this Article.
24    (2) Information regarding the location of video services
25that have been or are being offered to the public and aggregate
26information included in the reports required by this Article

 

 

10000SB1839ham004- 143 -LRB100 06226 SLF 27386 a

1shall not be designated or treated as confidential.
2    (d)(1) The Commission shall post all applications it
3receives under this Article on its web site within 5 business
4days.
5    (2) The Commission shall notify an applicant for a cable
6service or video service authorization whether the applicant's
7application and affidavit are complete on or before the 15th
8business day after the applicant submits the application. If
9the application and affidavit are not complete, the Commission
10shall state in its notice all of the reasons the application or
11affidavit are incomplete, and the applicant shall resubmit a
12complete application. The Commission shall have 30 days after
13submission by the applicant of a complete application and
14affidavit to issue the service authorization. If the Commission
15does not notify the applicant regarding the completeness of the
16application and affidavit or issue the service authorization
17within the time periods required under this subsection, the
18application and affidavit shall be considered complete and the
19service authorization issued upon the expiration of the 30th
20day.
21    (e) Any authorization issued by the Commission will expire
22on December 31, 2020 and shall contain or include all of the
23following:
24        (1) A grant of authority, including an authorization
25    issued prior to this amendatory Act of the 98th General
26    Assembly, to provide cable service or video service in the

 

 

10000SB1839ham004- 144 -LRB100 06226 SLF 27386 a

1    service area footprint as requested in the application,
2    subject to the provisions of this Article in existence on
3    the date the grant of authority was issued, and any
4    modifications to this Article enacted at any time prior to
5    the date in Section 21-1601 of this Act, and to the laws of
6    the State and the ordinances, rules, and regulations of the
7    local units of government.
8        (2) A grant of authority to use, occupy, and construct
9    facilities in the public rights-of-way for the delivery of
10    cable service or video service in the service area
11    footprint, subject to the laws, ordinances, rules, or
12    regulations of this State and local units of governments.
13        (3) A statement that the grant of authority is subject
14    to lawful operation of the cable service or video service
15    by the applicant, its affiliated entities, or its
16    successors-in-interest.
17    (e-5) The Commission shall notify a local unit of
18government within 3 business days of the grant of any
19authorization within a service area footprint if that
20authorization includes any part of the local unit of
21government's jurisdictional boundaries and state whether the
22holder will be providing video service or cable service under
23the authorization.
24    (f) The authorization issued pursuant to this Section by
25the Commission may be transferred to any successor-in-interest
26to the applicant to which it is initially granted without

 

 

10000SB1839ham004- 145 -LRB100 06226 SLF 27386 a

1further Commission action if the successor-in-interest (i)
2submits an application and the information required by
3subsection (b) of this Section for the successor-in-interest
4and (ii) is not in violation of this Article or of any federal,
5State, or local law, ordinance, rule, or regulation. A
6successor-in-interest shall file its application and notice of
7transfer with the Commission and the relevant local units of
8government no less than 15 business days prior to the
9completion of the transfer. The Commission is not required or
10authorized to act upon the notice of transfer; however, the
11transfer is not effective until the Commission approves the
12successor-in-interest's application. A local unit of
13government or the Attorney General may seek to bar a transfer
14of ownership by filing suit in a court of competent
15jurisdiction predicated on the existence of a material and
16continuing breach of this Article by the holder, a pattern of
17noncompliance with customer service standards by the potential
18successor-in-interest, or the insolvency of the potential
19successor-in-interest. If a transfer is made when there are
20violations of this Article or of any federal, State, or local
21law, ordinance, rule, or regulation, the successor-in-interest
22shall be subject to 3 times the penalties provided for in this
23Article.
24    (g) The authorization issued pursuant to this Section by
25the Commission may be terminated, or its cable service or video
26service area footprint may be modified, by the cable service

 

 

10000SB1839ham004- 146 -LRB100 06226 SLF 27386 a

1provider or video service provider by submitting notice to the
2Commission and to the relevant local unit of government
3containing a description of the change on the same terms as the
4initial description pursuant to item (4) of subsection (b) of
5this Section. The Commission is not required or authorized to
6act upon that notice. It shall be a violation of this Article
7for a holder to discriminate against potential residential
8subscribers because of the race or income of the residents in
9the local area in which the group resides by terminating or
10modifying its cable service or video service area footprint. It
11shall be a violation of this Article for a holder to terminate
12or modify its cable service or video service area footprint if
13it leaves an area with no cable service or video service from
14any provider.
15    (h) The Commission's authority to administer this Article
16is limited to the powers and duties explicitly provided under
17this Article. Its authority under this Article does not include
18or limit the powers and duties that the Commission has under
19the other Articles of this Act, the Illinois Administrative
20Procedure Act, or any other law or regulation to conduct
21proceedings, other than as provided in subsection (c), or has
22to promulgate rules or regulations. The Commission shall not
23have the authority to limit or expand the obligations and
24requirements provided in this Section or to regulate or control
25a person or entity to the extent that person or entity is
26providing cable service or video service, except as provided in

 

 

10000SB1839ham004- 147 -LRB100 06226 SLF 27386 a

1this Article.
2(Source: P.A. 98-45, eff. 6-28-13; 98-756, eff. 7-16-14; 99-6,
3eff. 6-29-15.)
 
4    (220 ILCS 5/21-1601)
5    Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of
6this Article are repealed December 31, 2021 July 1, 2017.
7(Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".