Rep. Joseph M. Lyons

Filed: 5/29/2008





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2     AMENDMENT NO. ______. Amend Senate Bill 2031, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5     "Section 5. The Emergency Telephone System Act is amended
6 by changing Sections 1, 2.06a, 15.3, and 15.4 as follows:
7     (50 ILCS 750/1)  (from Ch. 134, par. 31)
8     Sec. 1. The General Assembly finds and declares that it is
9 in the public interest to shorten the time required for a
10 citizen to request and receive emergency aid. There currently
11 exist thousands of different emergency phone numbers
12 throughout the state, and present telephone exchange
13 boundaries and central office service areas do not necessarily
14 correspond to public safety and political boundaries.
15 Provision of a single, primary three-digit emergency number
16 through which emergency services can be quickly and efficiently



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1 obtained would provide a significant contribution to law
2 enforcement and other public service efforts by making it less
3 difficult to quickly notify public safety personnel. Such a
4 simplified means of procuring emergency services will result in
5 the saving of life, a reduction in the destruction of property,
6 quicker apprehension of criminals, and ultimately the saving of
7 money. The General Assembly further finds and declares that the
8 establishment of a uniform, statewide emergency number is a
9 matter of statewide concern and interest to all inhabitants and
10 citizens of this State. It is the purpose of this Act to
11 establish the number "9-1-1" as the primary emergency telephone
12 number for use in this State, and to encourage units of local
13 government and combinations of such units to develop and
14 improve emergency communication procedures and facilities in
15 such a manner as to be able to quickly respond to any person
16 calling the telephone number "9-1-1" seeking police, fire,
17 medical, rescue, and other emergency services, and to
18 coordinate the delivery of emergency services among the
19 responders.
20 (Source: P.A. 85-978.)
21     (50 ILCS 750/2.06a)  (from Ch. 134, par. 32.06a)
22     Sec. 2.06a. System. "System" means the communications
23 equipment and the facilities required to produce a response by
24 the appropriate emergency public safety agency as a result of
25 an emergency call being placed to 9-1-1 and to coordinate the



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1 delivery of emergency services among the responders.
2 (Source: P.A. 87-1244; 88-604, eff. 9-1-94.)
3     (50 ILCS 750/15.3)  (from Ch. 134, par. 45.3)
4     Sec. 15.3. Surcharge.
5     (a) The corporate authorities of any municipality or any
6 county may, subject to the limitations of subsections (c), (d),
7 and (h), and in addition to any tax levied pursuant to the
8 Simplified Municipal Telecommunications Tax Act, impose a
9 monthly surcharge on billed subscribers of network connection
10 provided by telecommunication carriers engaged in the business
11 of transmitting messages by means of electricity originating
12 within the corporate limits of the municipality or county
13 imposing the surcharge at a rate per network connection
14 determined in accordance with subsection (c), however the
15 monthly surcharge shall not apply to a network connection
16 provided for use with pay telephone services. Provided,
17 however, that where multiple voice grade communications
18 channels are connected between the subscriber's premises and a
19 public switched network through private branch exchange (PBX)
20 or centrex type service, a municipality imposing a surcharge at
21 a rate per network connection, as determined in accordance with
22 this Act, shall impose 5 such surcharges per network
23 connection, as determined in accordance with subsections (a)
24 and (d) of Section 2.12 of this Act. For mobile
25 telecommunications services, if a surcharge is imposed it shall



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



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1 Telecommunications Sourcing Conformity Act. With respect to
2 network connections provided for use with pay telephone
3 services for which there is no billed subscriber, the
4 telecommunications carrier providing the network connection
5 shall be deemed to be its own billed subscriber for purposes of
6 applying the surcharge.
7     (c) Upon the passage of an ordinance to impose a surcharge
8 under this Section the clerk of the municipality or county
9 shall certify the question of whether the surcharge may be
10 imposed to the proper election authority who shall submit the
11 public question to the electors of the municipality or county
12 in accordance with the general election law; provided that such
13 question shall not be submitted at a consolidated primary
14 election. The public question shall be in substantially the
15 following form:
16 -------------------------------------------------------------
17     Shall the county (or city, village
18 or incorporated town) of ..... impose          YES
19 a surcharge of up to ... per month per
20 network connection, which surcharge will
21 be added to the monthly bill you receive   ------------------
22 for telephone or telecommunications
23 charges, for the purpose of installing
24 (or improving) a 9-1-1 Emergency               NO
25 Telephone System?
26 -------------------------------------------------------------



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1     If a majority of the votes cast upon the public question
2 are in favor thereof, the surcharge shall be imposed.
3     However, if a Joint Emergency Telephone System Board is to
4 be created pursuant to an intergovernmental agreement under
5 Section 15.4, the ordinance to impose the surcharge shall be
6 subject to the approval of a majority of the total number of
7 votes cast upon the public question by the electors of all of
8 the municipalities or counties, or combination thereof, that
9 are parties to the intergovernmental agreement.
10     The referendum requirement of this subsection (c) shall not
11 apply to any municipality with a population over 500,000 or to
12 any county in which a proposition as to whether a sophisticated
13 9-1-1 Emergency Telephone System should be installed in the
14 county, at a cost not to exceed a specified monthly amount per
15 network connection, has previously been approved by a majority
16 of the electors of the county voting on the proposition at an
17 election conducted before the effective date of this amendatory
18 Act of 1987.
19     (d) A county may not impose a surcharge, unless requested
20 by a municipality, in any incorporated area which has
21 previously approved a surcharge as provided in subsection (c)
22 or in any incorporated area where the corporate authorities of
23 the municipality have previously entered into a binding
24 contract or letter of intent with a telecommunications carrier
25 to provide sophisticated 9-1-1 service through municipal
26 funds.



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1     (e) A municipality or county may at any time by ordinance
2 change the rate of the surcharge imposed under this Section if
3 the new rate does not exceed the rate specified in the
4 referendum held pursuant to subsection (c).
5     (f) The surcharge authorized by this Section shall be
6 collected from the subscriber by the telecommunications
7 carrier providing the subscriber the network connection as a
8 separately stated item on the subscriber's bill.
9     (g) The amount of surcharge collected by the
10 telecommunications carrier shall be paid to the particular
11 municipality or county or Joint Emergency Telephone System
12 Board not later than 30 days after the surcharge is collected,
13 net of any network or other 9-1-1 or sophisticated 9-1-1 system
14 charges then due the particular telecommunications carrier, as
15 shown on an itemized bill. The telecommunications carrier
16 collecting the surcharge shall also be entitled to deduct 3% of
17 the gross amount of surcharge collected to reimburse the
18 telecommunications carrier for the expense of accounting and
19 collecting the surcharge.
20     (h) Except as expressly provided in subsection (a) of this
21 Section, a municipality with a population over 500,000 may not
22 impose a monthly surcharge in excess of $2.50 per network
23 connection.
24     (i) Any municipality or county or joint emergency telephone
25 system board that has imposed a surcharge pursuant to this
26 Section prior to the effective date of this amendatory Act of



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1 1990 shall hereafter impose the surcharge in accordance with
2 subsection (b) of this Section.
3     (j) The corporate authorities of any municipality or county
4 may issue, in accordance with Illinois law, bonds, notes or
5 other obligations secured in whole or in part by the proceeds
6 of the surcharge described in this Section. Notwithstanding any
7 change in law subsequent to the issuance of any bonds, notes or
8 other obligations secured by the surcharge, every municipality
9 or county issuing such bonds, notes or other obligations shall
10 be authorized to impose the surcharge as though the laws
11 relating to the imposition of the surcharge in effect at the
12 time of issuance of the bonds, notes or other obligations were
13 in full force and effect until the bonds, notes or other
14 obligations are paid in full. The State of Illinois pledges and
15 agrees that it will not limit or alter the rights and powers
16 vested in municipalities and counties by this Section to impose
17 the surcharge so as to impair the terms of or affect the
18 security for bonds, notes or other obligations secured in whole
19 or in part with the proceeds of the surcharge described in this
20 Section.
21     (k) Any surcharge collected by or imposed on a
22 telecommunications carrier pursuant to this Section shall be
23 held to be a special fund in trust for the municipality, county
24 or Joint Emergency Telephone Board imposing the surcharge.
25 Except for the 3% deduction provided in subsection (g) above,
26 the special fund shall not be subject to the claims of



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1 creditors of the telecommunication carrier.
2 (Source: P.A. 95-331, eff. 8-21-07; 95-698, eff. 1-1-08.)
3     (50 ILCS 750/15.4)  (from Ch. 134, par. 45.4)
4     Sec. 15.4. Emergency Telephone System Board; powers.
5     (a) The corporate authorities of any county or municipality
6 that imposes a surcharge under Section 15.3 shall establish an
7 Emergency Telephone System Board. The corporate authorities
8 shall provide for the manner of appointment and the number of
9 members of the Board, provided that the board shall consist of
10 not fewer than 5 members, one of whom must be a public member
11 who is a resident of the local exchange service territory
12 included in the 9-1-1 coverage area, one of whom (in counties
13 with a population less than 100,000) must be a member of the
14 county board, and at least 3 of whom shall be representative of
15 the 9-1-1 public safety agencies, including but not limited to
16 police departments, fire departments, emergency medical
17 services providers, and emergency services and disaster
18 agencies, and appointed on the basis of their ability or
19 experience. Elected officials are also eligible to serve on the
20 board. Members of the board shall serve without compensation
21 but shall be reimbursed for their actual and necessary
22 expenses. Any 2 or more municipalities, counties, or
23 combination thereof, that impose a surcharge under Section 15.3
24 may, instead of establishing individual boards, establish by
25 intergovernmental agreement a Joint Emergency Telephone System



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1 Board pursuant to this Section. The manner of appointment of
2 such a joint board shall be prescribed in the agreement.
3     (b) The powers and duties of the board shall be defined by
4 ordinance of the municipality or county, or by
5 intergovernmental agreement in the case of a joint board. The
6 powers and duties shall include, but need not be limited to the
7 following:
8         (1) Planning a 9-1-1 system.
9         (2) Coordinating and supervising the implementation,
10     upgrading, or maintenance of the system, including the
11     establishment of equipment specifications and coding
12     systems.
13         (3) Receiving moneys from the surcharge imposed under
14     Section 15.3, and from any other source, for deposit into
15     the Emergency Telephone System Fund.
16         (4) Authorizing all disbursements from the fund.
17         (5) Hiring any staff necessary for the implementation
18     or upgrade of the system.
19     (c) All moneys received by a board pursuant to a surcharge
20 imposed under Section 15.3 shall be deposited into a separate
21 interest-bearing Emergency Telephone System Fund account. The
22 treasurer of the municipality or county that has established
23 the board or, in the case of a joint board, any municipal or
24 county treasurer designated in the intergovernmental
25 agreement, shall be custodian of the fund. All interest
26 accruing on the fund shall remain in the fund. No expenditures



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



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1     charged with maintaining road and street signs.
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: (i) costs attributable directly to the
6     construction, leasing, or maintenance of any buildings or
7     facilities, (ii) or costs of personnel attributable
8     directly to the operation of the system, and (iii) costs
9     associated with the purchase and maintenance of a
10     computerized record-keeping system. Costs attributable
11     directly to the operation of an emergency telephone system
12     do not include the costs of public safety agency personnel
13     who are and equipment that is dispatched in response to an
14     emergency call. Costs attributable directly to the
15     operation of an emergency telephone system include the cost
16     of the communication equipment necessary to coordinate the
17     delivery of emergency services among responders.
18         (8) In the case of a municipality that imposes a
19     surcharge under subsection (h) of Section 15.3, moneys may
20     also be used for any anti-terrorism or emergency
21     preparedness measures, including, but not limited to,
22     preparedness planning, providing local matching funds for
23     federal or State grants, personnel training, and
24     specialized equipment, including surveillance cameras as
25     needed to deal with natural and terrorist-inspired
26     emergency situations or events.



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1     Moneys in the fund may also be transferred to a
2 participating fire protection district to reimburse volunteer
3 firefighters who man remote telephone switching facilities
4 when dedicated 9-1-1 lines are down.
5     (d) The board shall complete the data base before
6 implementation of the 9-1-1 system. The error ratio of the data
7 base shall not at any time exceed 1% of the total data base.
8 (Source: P.A. 95-698, eff. 1-1-08.)
9     Section 99. Effective date. This Act takes effect upon
10 becoming law.".