Rep. John E. Bradley

Filed: 11/6/2015

 

 


 

 


 
09900SB0026ham002LRB099 02701 AWJ 39584 a

1
AMENDMENT TO SENATE BILL 26

2    AMENDMENT NO. ______. Amend Senate Bill 26, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Administrative Procedure Act is
6amended by changing Section 5-45 as follows:
 
7    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
8    Sec. 5-45. Emergency rulemaking.
9    (a) "Emergency" means the existence of any situation that
10any agency finds reasonably constitutes a threat to the public
11interest, safety, or welfare.
12    (b) If any agency finds that an emergency exists that
13requires adoption of a rule upon fewer days than is required by
14Section 5-40 and states in writing its reasons for that
15finding, the agency may adopt an emergency rule without prior
16notice or hearing upon filing a notice of emergency rulemaking

 

 

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1with the Secretary of State under Section 5-70. The notice
2shall include the text of the emergency rule and shall be
3published in the Illinois Register. Consent orders or other
4court orders adopting settlements negotiated by an agency may
5be adopted under this Section. Subject to applicable
6constitutional or statutory provisions, an emergency rule
7becomes effective immediately upon filing under Section 5-65 or
8at a stated date less than 10 days thereafter. The agency's
9finding and a statement of the specific reasons for the finding
10shall be filed with the rule. The agency shall take reasonable
11and appropriate measures to make emergency rules known to the
12persons who may be affected by them.
13    (c) An emergency rule may be effective for a period of not
14longer than 150 days, but the agency's authority to adopt an
15identical rule under Section 5-40 is not precluded. No
16emergency rule may be adopted more than once in any 24 month
17period, except that this limitation on the number of emergency
18rules that may be adopted in a 24 month period does not apply
19to (i) emergency rules that make additions to and deletions
20from the Drug Manual under Section 5-5.16 of the Illinois
21Public Aid Code or the generic drug formulary under Section
223.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
23emergency rules adopted by the Pollution Control Board before
24July 1, 1997 to implement portions of the Livestock Management
25Facilities Act, (iii) emergency rules adopted by the Illinois
26Department of Public Health under subsections (a) through (i)

 

 

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1of Section 2 of the Department of Public Health Act when
2necessary to protect the public's health, (iv) emergency rules
3adopted pursuant to subsection (n) of this Section, (v)
4emergency rules adopted pursuant to subsection (o) of this
5Section, or (vi) emergency rules adopted pursuant to subsection
6(c-5) of this Section. Two or more emergency rules having
7substantially the same purpose and effect shall be deemed to be
8a single rule for purposes of this Section.
9    (c-5) To facilitate the maintenance of the program of group
10health benefits provided to annuitants, survivors, and retired
11employees under the State Employees Group Insurance Act of
121971, rules to alter the contributions to be paid by the State,
13annuitants, survivors, retired employees, or any combination
14of those entities, for that program of group health benefits,
15shall be adopted as emergency rules. The adoption of those
16rules shall be considered an emergency and necessary for the
17public interest, safety, and welfare.
18    (d) In order to provide for the expeditious and timely
19implementation of the State's fiscal year 1999 budget,
20emergency rules to implement any provision of Public Act 90-587
21or 90-588 or any other budget initiative for fiscal year 1999
22may be adopted in accordance with this Section by the agency
23charged with administering that provision or initiative,
24except that the 24-month limitation on the adoption of
25emergency rules and the provisions of Sections 5-115 and 5-125
26do not apply to rules adopted under this subsection (d). The

 

 

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1adoption of emergency rules authorized by this subsection (d)
2shall be deemed to be necessary for the public interest,
3safety, and welfare.
4    (e) In order to provide for the expeditious and timely
5implementation of the State's fiscal year 2000 budget,
6emergency rules to implement any provision of Public Act 91-24
7this amendatory Act of the 91st General Assembly or any other
8budget initiative for fiscal year 2000 may be adopted in
9accordance with this Section by the agency charged with
10administering that provision or initiative, except that the
1124-month limitation on the adoption of emergency rules and the
12provisions of Sections 5-115 and 5-125 do not apply to rules
13adopted under this subsection (e). The adoption of emergency
14rules authorized by this subsection (e) shall be deemed to be
15necessary for the public interest, safety, and welfare.
16    (f) In order to provide for the expeditious and timely
17implementation of the State's fiscal year 2001 budget,
18emergency rules to implement any provision of Public Act 91-712
19this amendatory Act of the 91st General Assembly or any other
20budget initiative for fiscal year 2001 may be adopted in
21accordance with this Section by the agency charged with
22administering that provision or initiative, except that the
2324-month limitation on the adoption of emergency rules and the
24provisions of Sections 5-115 and 5-125 do not apply to rules
25adopted under this subsection (f). The adoption of emergency
26rules authorized by this subsection (f) shall be deemed to be

 

 

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1necessary for the public interest, safety, and welfare.
2    (g) In order to provide for the expeditious and timely
3implementation of the State's fiscal year 2002 budget,
4emergency rules to implement any provision of Public Act 92-10
5this amendatory Act of the 92nd General Assembly or any other
6budget initiative for fiscal year 2002 may be adopted in
7accordance with this Section by the agency charged with
8administering that provision or initiative, except that the
924-month limitation on the adoption of emergency rules and the
10provisions of Sections 5-115 and 5-125 do not apply to rules
11adopted under this subsection (g). The adoption of emergency
12rules authorized by this subsection (g) shall be deemed to be
13necessary for the public interest, safety, and welfare.
14    (h) In order to provide for the expeditious and timely
15implementation of the State's fiscal year 2003 budget,
16emergency rules to implement any provision of Public Act 92-597
17this amendatory Act of the 92nd General Assembly or any other
18budget initiative for fiscal year 2003 may be adopted in
19accordance with this Section by the agency charged with
20administering that provision or initiative, except that the
2124-month limitation on the adoption of emergency rules and the
22provisions of Sections 5-115 and 5-125 do not apply to rules
23adopted under this subsection (h). The adoption of emergency
24rules authorized by this subsection (h) shall be deemed to be
25necessary for the public interest, safety, and welfare.
26    (i) In order to provide for the expeditious and timely

 

 

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1implementation of the State's fiscal year 2004 budget,
2emergency rules to implement any provision of Public Act 93-20
3this amendatory Act of the 93rd General Assembly or any other
4budget initiative for fiscal year 2004 may be adopted in
5accordance with this Section by the agency charged with
6administering that provision or initiative, except that the
724-month limitation on the adoption of emergency rules and the
8provisions of Sections 5-115 and 5-125 do not apply to rules
9adopted under this subsection (i). The adoption of emergency
10rules authorized by this subsection (i) shall be deemed to be
11necessary for the public interest, safety, and welfare.
12    (j) In order to provide for the expeditious and timely
13implementation of the provisions of the State's fiscal year
142005 budget as provided under the Fiscal Year 2005 Budget
15Implementation (Human Services) Act, emergency rules to
16implement any provision of the Fiscal Year 2005 Budget
17Implementation (Human Services) Act may be adopted in
18accordance with this Section by the agency charged with
19administering that provision, except that the 24-month
20limitation on the adoption of emergency rules and the
21provisions of Sections 5-115 and 5-125 do not apply to rules
22adopted under this subsection (j). The Department of Public Aid
23may also adopt rules under this subsection (j) necessary to
24administer the Illinois Public Aid Code and the Children's
25Health Insurance Program Act. The adoption of emergency rules
26authorized by this subsection (j) shall be deemed to be

 

 

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1necessary for the public interest, safety, and welfare.
2    (k) In order to provide for the expeditious and timely
3implementation of the provisions of the State's fiscal year
42006 budget, emergency rules to implement any provision of
5Public Act 94-48 this amendatory Act of the 94th General
6Assembly or any other budget initiative for fiscal year 2006
7may be adopted in accordance with this Section by the agency
8charged with administering that provision or initiative,
9except that the 24-month limitation on the adoption of
10emergency rules and the provisions of Sections 5-115 and 5-125
11do not apply to rules adopted under this subsection (k). The
12Department of Healthcare and Family Services may also adopt
13rules under this subsection (k) necessary to administer the
14Illinois Public Aid Code, the Senior Citizens and Persons with
15Disabilities Property Tax Relief Act, the Senior Citizens and
16Disabled Persons Prescription Drug Discount Program Act (now
17the Illinois Prescription Drug Discount Program Act), and the
18Children's Health Insurance Program Act. The adoption of
19emergency rules authorized by this subsection (k) shall be
20deemed to be necessary for the public interest, safety, and
21welfare.
22    (l) In order to provide for the expeditious and timely
23implementation of the provisions of the State's fiscal year
242007 budget, the Department of Healthcare and Family Services
25may adopt emergency rules during fiscal year 2007, including
26rules effective July 1, 2007, in accordance with this

 

 

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1subsection to the extent necessary to administer the
2Department's responsibilities with respect to amendments to
3the State plans and Illinois waivers approved by the federal
4Centers for Medicare and Medicaid Services necessitated by the
5requirements of Title XIX and Title XXI of the federal Social
6Security Act. The adoption of emergency rules authorized by
7this subsection (l) shall be deemed to be necessary for the
8public interest, safety, and welfare.
9    (m) In order to provide for the expeditious and timely
10implementation of the provisions of the State's fiscal year
112008 budget, the Department of Healthcare and Family Services
12may adopt emergency rules during fiscal year 2008, including
13rules effective July 1, 2008, in accordance with this
14subsection to the extent necessary to administer the
15Department's responsibilities with respect to amendments to
16the State plans and Illinois waivers approved by the federal
17Centers for Medicare and Medicaid Services necessitated by the
18requirements of Title XIX and Title XXI of the federal Social
19Security Act. The adoption of emergency rules authorized by
20this subsection (m) shall be deemed to be necessary for the
21public interest, safety, and welfare.
22    (n) In order to provide for the expeditious and timely
23implementation of the provisions of the State's fiscal year
242010 budget, emergency rules to implement any provision of
25Public Act 96-45 this amendatory Act of the 96th General
26Assembly or any other budget initiative authorized by the 96th

 

 

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1General Assembly for fiscal year 2010 may be adopted in
2accordance with this Section by the agency charged with
3administering that provision or initiative. The adoption of
4emergency rules authorized by this subsection (n) shall be
5deemed to be necessary for the public interest, safety, and
6welfare. The rulemaking authority granted in this subsection
7(n) shall apply only to rules promulgated during Fiscal Year
82010.
9    (o) In order to provide for the expeditious and timely
10implementation of the provisions of the State's fiscal year
112011 budget, emergency rules to implement any provision of
12Public Act 96-958 this amendatory Act of the 96th General
13Assembly or any other budget initiative authorized by the 96th
14General Assembly for fiscal year 2011 may be adopted in
15accordance with this Section by the agency charged with
16administering that provision or initiative. The adoption of
17emergency rules authorized by this subsection (o) is deemed to
18be necessary for the public interest, safety, and welfare. The
19rulemaking authority granted in this subsection (o) applies
20only to rules promulgated on or after the effective date of
21Public Act 96-958 this amendatory Act of the 96th General
22Assembly through June 30, 2011.
23    (p) In order to provide for the expeditious and timely
24implementation of the provisions of Public Act 97-689,
25emergency rules to implement any provision of Public Act 97-689
26may be adopted in accordance with this subsection (p) by the

 

 

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1agency charged with administering that provision or
2initiative. The 150-day limitation of the effective period of
3emergency rules does not apply to rules adopted under this
4subsection (p), and the effective period may continue through
5June 30, 2013. The 24-month limitation on the adoption of
6emergency rules does not apply to rules adopted under this
7subsection (p). The adoption of emergency rules authorized by
8this subsection (p) is deemed to be necessary for the public
9interest, safety, and welfare.
10    (q) In order to provide for the expeditious and timely
11implementation of the provisions of Articles 7, 8, 9, 11, and
1212 of Public Act 98-104 this amendatory Act of the 98th General
13Assembly, emergency rules to implement any provision of
14Articles 7, 8, 9, 11, and 12 of Public Act 98-104 this
15amendatory Act of the 98th General Assembly may be adopted in
16accordance with this subsection (q) by the agency charged with
17administering that provision or initiative. The 24-month
18limitation on the adoption of emergency rules does not apply to
19rules adopted under this subsection (q). The adoption of
20emergency rules authorized by this subsection (q) is deemed to
21be necessary for the public interest, safety, and welfare.
22    (r) In order to provide for the expeditious and timely
23implementation of the provisions of Public Act 98-651 this
24amendatory Act of the 98th General Assembly, emergency rules to
25implement Public Act 98-651 this amendatory Act of the 98th
26General Assembly may be adopted in accordance with this

 

 

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1subsection (r) by the Department of Healthcare and Family
2Services. The 24-month limitation on the adoption of emergency
3rules does not apply to rules adopted under this subsection
4(r). The adoption of emergency rules authorized by this
5subsection (r) is deemed to be necessary for the public
6interest, safety, and welfare.
7    (s) In order to provide for the expeditious and timely
8implementation of the provisions of Sections 5-5b.1 and 5A-2 of
9the Illinois Public Aid Code, emergency rules to implement any
10provision of Section 5-5b.1 or Section 5A-2 of the Illinois
11Public Aid Code may be adopted in accordance with this
12subsection (s) by the Department of Healthcare and Family
13Services. The rulemaking authority granted in this subsection
14(s) shall apply only to those rules adopted prior to July 1,
152015. Notwithstanding any other provision of this Section, any
16emergency rule adopted under this subsection (s) shall only
17apply to payments made for State fiscal year 2015. The adoption
18of emergency rules authorized by this subsection (s) is deemed
19to be necessary for the public interest, safety, and welfare.
20    (t) In order to provide for the expeditious and timely
21implementation of the provisions of Article II of Public Act
2299-6 this amendatory Act of the 99th General Assembly,
23emergency rules to implement the changes made by Article II of
24Public Act 99-6 this amendatory Act of the 99th General
25Assembly to the Emergency Telephone System Act may be adopted
26in accordance with this subsection (t) by the Department of

 

 

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1State Police. The rulemaking authority granted in this
2subsection (t) shall apply only to those rules adopted prior to
3July 1, 2016. The 24-month limitation on the adoption of
4emergency rules does not apply to rules adopted under this
5subsection (t). The adoption of emergency rules authorized by
6this subsection (t) is deemed to be necessary for the public
7interest, safety, and welfare.
8    (u) (t) In order to provide for the expeditious and timely
9implementation of the provisions of the Burn Victims Relief
10Act, emergency rules to implement any provision of the Act may
11be adopted in accordance with this subsection (u) (t) by the
12Department of Insurance. The rulemaking authority granted in
13this subsection (u) (t) shall apply only to those rules adopted
14prior to December 31, 2015. The adoption of emergency rules
15authorized by this subsection (u) (t) is deemed to be necessary
16for the public interest, safety, and welfare.
17    (v) In order to provide for the expeditious and timely
18implementation of the provisions of the Emergency Telephone
19System Act, emergency rules to implement the changes made to
20Section 10 of the Emergency Telephone System Act by this
21amendatory Act of the 99th General Assembly may be jointly
22adopted in accordance with this subsection (v) by the
23Department of State Police and the Illinois Commerce
24Commission. The rulemaking authority granted in this
25subsection (v) shall apply only to those rules adopted prior to
26July 1, 2016. The adoption of emergency rules authorized by

 

 

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1this subsection (v) is deemed to be necessary for the public
2interest, safety, and welfare.
3(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
498-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
599-143, eff. 7-27-15; 99-455, eff. 1-1-16; revised 10-15-15.)
 
6    Section 10. The Department of State Police Law of the Civil
7Administrative Code of Illinois is amended by changing Sections
82605-52 and 2605-475 as follows:
 
9    (20 ILCS 2605/2605-52)
10    Sec. 2605-52. Office of the Statewide 9-1-1 Administrator.
11    (a) There shall be established an Office of the Statewide
129-1-1 Administrator within the Department. Beginning January
131, 2016, the Office of the Statewide 9-1-1 Administrator shall
14be responsible for developing, implementing, and overseeing a
15uniform statewide 9-1-1 system for all areas of the State
16outside of municipalities having a population over 500,000.
17    (b) The Governor shall appoint, with the advice and consent
18of the Senate, a Statewide 9-1-1 Administrator. The
19Administrator shall serve for a term of 2 years, and until a
20successor is appointed and qualified; except that the term of
21the first 9-1-1 Administrator appointed under this Act shall
22expire on the third Monday in January, 2017. The Administrator
23shall not hold any other remunerative public office. The
24Administrator shall receive an annual salary as set by the

 

 

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1Governor.
2    (c) The Department, from appropriations made to it for that
3purpose, shall make grants to 9-1-1 Authorities for the purpose
4of defraying costs associated with 9-1-1 system consolidations
5awarded by the Administrator pursuant to Section 15.4b of the
6Emergency Telephone System Act.
7(Source: P.A. 99-6, eff. 6-29-15.)
 
8    (20 ILCS 2605/2605-475)  (was 20 ILCS 2605/55a in part)
9    Sec. 2605-475. Wireless Emergency Telephone System Safety
10Act. The Department and Statewide 9-1-1 Administrator shall To
11exercise the powers and perform the duties specifically
12assigned to the each Department under the Wireless Emergency
13Telephone System Safety Act with respect to the development and
14improvement of emergency communications procedures and
15facilities in such a manner as to facilitate a quick response
16to any person calling the number "9-1-1" seeking police, fire,
17medical, or other emergency services through a wireless carrier
18as defined in Section 10 of the Wireless Emergency Telephone
19Safety Act. Nothing in the Wireless Emergency Telephone System
20Safety Act shall require the Illinois State Police to provide
21wireless enhanced 9-1-1 services.
22(Source: P.A. 91-660, eff. 12-22-99; 92-16, eff. 6-28-01.)
 
23    Section 15. The Emergency Telephone System Act is amended
24by changing Sections 2, 10, 15.3, 15.4, 15.4a, 19, 20, 30, 40,

 

 

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145, and 55 and by adding Section 65 as follows:
 
2    (50 ILCS 750/2)  (from Ch. 134, par. 32)
3    (Text of Section before amendment by P.A. 99-6)
4    (Section scheduled to be repealed on July 1, 2017)
5    Sec. 2. As used in this Act, the terms defined in Sections
6following this Section and preceding Section 3 have the
7meanings ascribed to them in those Sections.
8(Source: P.A. 88-497.)
 
9    (Text of Section after amendment by P.A. 99-6)
10    (Section scheduled to be repealed on July 1, 2017)
11    Sec. 2. Definitions. As used in this Act, unless the
12context otherwise requires:
13    "9-1-1 system" means the geographic area that has been
14granted an order of authority by the Commission or the
15Statewide 9-1-1 Administrator to use "9-1-1" as the primary
16emergency telephone number.
17    "9-1-1 Authority" includes an Emergency Telephone System
18Board, Joint Emergency Telephone System Board, and a qualified
19governmental entity. "9-1-1 Authority" includes the Department
20of State Police only to the extent it provides 9-1-1 services
21under this Act.
22    "Administrator" means the Statewide 9-1-1 Administrator.
23    "Advanced service" means any telecommunications service
24with or without dynamic bandwidth allocation, including, but

 

 

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1not limited to, ISDN Primary Rate Interface (PRI), that,
2through the use of a DS-1, T-1, or other similar un-channelized
3or multi-channel transmission facility, is capable of
4transporting either the subscriber's inter-premises voice
5telecommunications services to the public switched network or
6the subscriber's 9-1-1 calls to the public agency.
7    "ALI" or "automatic location identification" means, in an
8E9-1-1 system, the automatic display at the public safety
9answering point of the caller's telephone number, the address
10or location of the telephone, and supplementary emergency
11services information.
12    "ANI" or "automatic number identification" means the
13automatic display of the 9-1-1 calling party's number on the
14PSAP monitor.
15    "Automatic alarm" and "automatic alerting device" mean any
16device that will access the 9-1-1 system for emergency services
17upon activation.
18    "Board" means an Emergency Telephone System Board or a
19Joint Emergency Telephone System Board created pursuant to
20Section 15.4.
21    "Carrier" includes a telecommunications carrier and a
22wireless carrier.
23    "Commission" means the Illinois Commerce Commission.
24    "Computer aided dispatch" or "CAD" means a database
25maintained by the public safety agency or public safety
26answering point used in conjunction with 9-1-1 caller data.

 

 

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1    "Direct dispatch method" means a 9-1-1 service that
2provides for the direct dispatch by a PSAP telecommunicator of
3the appropriate unit upon receipt of an emergency call and the
4decision as to the proper action to be taken.
5    "Department" means the Department of State Police.
6    "DS-1, T-1, or similar un-channelized or multi-channel
7transmission facility" means a facility that can transmit and
8receive a bit rate of at least 1.544 megabits per second
9(Mbps).
10    "Dynamic bandwidth allocation" means the ability of the
11facility or customer to drop and add channels, or adjust
12bandwidth, when needed in real time for voice or data purposes.
13    "Enhanced 9-1-1" or "E9-1-1" means an emergency telephone
14system that includes dedicated network, selective routing,
15database, ALI, ANI, selective transfer, fixed transfer, and a
16call back number.
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" means the computerized
16geographical database that consists of all street and address
17data within a 9-1-1 system.
18    "Mobile telephone number" or "MTN" means the telephone
19number assigned to a wireless telephone at the time of initial
20activation.
21    "Network connections" means the number of voice grade
22communications channels directly between a subscriber and a
23telecommunications carrier's public switched network, without
24the intervention of any other telecommunications carrier's
25switched network, which would be required to carry the
26subscriber's inter-premises traffic and which connection

 

 

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1either (1) is capable of providing access through the public
2switched network to a 9-1-1 Emergency Telephone System, if one
3exists, or (2) if no system exists at the time a surcharge is
4imposed under Section 15.3, that would be capable of providing
5access through the public switched network to the local 9-1-1
6Emergency Telephone System if one existed. Where multiple voice
7grade communications channels are connected to a
8telecommunications carrier's public switched network through a
9private branch exchange (PBX) service, there shall be
10determined to be one network connection for each trunk line
11capable of transporting either the subscriber's inter-premises
12traffic to the public switched network or the subscriber's
139-1-1 calls to the public agency. Where multiple voice grade
14communications channels are connected to a telecommunications
15carrier's public switched network through centrex type service
16or other multiple voice grade communication channels facility,
17the number of network connections shall be equal to the number
18of PBX trunk equivalents for the subscriber's service, as
19determined by reference to any generally applicable exchange
20access service tariff filed by the subscriber's
21telecommunications carrier with the Commission.
22    "Network costs" means those recurring costs that directly
23relate to the operation of the 9-1-1 network as determined by
24the Statewide 9-1-1 Advisory Board, including, but not limited
25to, costs for interoffice trunks, selective routing charges,
26transfer lines and toll charges for 9-1-1 services, Automatic

 

 

09900SB0026ham002- 21 -LRB099 02701 AWJ 39584 a

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

 

 

09900SB0026ham002- 22 -LRB099 02701 AWJ 39584 a

1Spatial Information Function (SIF), the Border Control
2Function (BCF), and the Emergency Services Internet Protocol
3networks (ESInets), legacy network gateways, and all
4associated fees, taxes, and surcharges on each invoice.
5    "Private branch exchange" or "PBX" means a private
6telephone system and associated equipment located on the user's
7property that provides communications between internal
8stations and external networks.
9    "Private business switch service" means a
10telecommunications service including centrex type service and
11PBX service, even though key telephone systems or equivalent
12telephone systems registered with the Federal Communications
13Commission under 47 C.F.R. Part 68 are directly connected to
14centrex type and PBX systems providing 9-1-1 services equipped
15for switched local network connections or 9-1-1 system access
16to business end users through a private telephone switch.
17    "Private business switch service" does not include key
18telephone systems or equivalent telephone systems registered
19with the Federal Communications Commission under 47 C.F.R. Part
2068 when not used in conjunction with centrex type and PBX
21systems. "Private business switch service" typically includes,
22but is not limited to, private businesses, corporations, and
23industries where the telecommunications service is primarily
24for conducting business.
25    "Private residential switch service" means a
26telecommunications service including centrex type service and

 

 

09900SB0026ham002- 23 -LRB099 02701 AWJ 39584 a

1PBX service, even though key telephone systems or equivalent
2telephone systems registered with the Federal Communications
3Commission under 47 C.F.R. Part 68 are directly connected to
4centrex type and PBX systems providing 9-1-1 services equipped
5for switched local network connections or 9-1-1 system access
6to residential end users through a private telephone switch.
7"Private residential switch service" does not include key
8telephone systems or equivalent telephone systems registered
9with the Federal Communications Commission under 47 C.F.R. Part
1068 when not used in conjunction with centrex type and PBX
11systems. "Private residential switch service" typically
12includes, but is not limited to, apartment complexes,
13condominiums, and campus or university environments where
14shared tenant service is provided and where the usage of the
15telecommunications service is primarily residential.
16    "Public agency" means the State, and any unit of local
17government or special purpose district located in whole or in
18part within this State, that provides or has authority to
19provide firefighting, police, ambulance, medical, or other
20emergency services.
21    "Public safety agency" means a functional division of a
22public agency that provides firefighting, police, medical, or
23other emergency services. For the purpose of providing wireless
24service to users of 9-1-1 emergency services, as expressly
25provided for in this Act, the Department of State Police may be
26considered a public safety agency.

 

 

09900SB0026ham002- 24 -LRB099 02701 AWJ 39584 a

1    "Public safety answering point" or "PSAP" means the initial
2answering location of an emergency call.
3    "Qualified governmental entity" means a unit of local
4government authorized to provide 9-1-1 services pursuant to
5this Act where no emergency telephone system board exists.
6    "Referral method" means a 9-1-1 service in which the PSAP
7telecommunicator provides the calling party with the telephone
8number of the appropriate public safety agency or other
9provider of emergency services.
10    "Regular service" means any telecommunications service,
11other than advanced service, that is capable of transporting
12either the subscriber's inter-premises voice
13telecommunications services to the public switched network or
14the subscriber's 9-1-1 calls to the public agency.
15    "Relay method" means a 9-1-1 service in which the PSAP
16telecommunicator takes the pertinent information from a caller
17and relays that information to the appropriate public safety
18agency or other provider of emergency services.
19    "Remit period" means the billing period, one month in
20duration, for which a wireless carrier remits a surcharge and
21provides subscriber information by zip code to the Department,
22in accordance with Section 20 of this Act.
23    "Statewide wireless emergency 9-1-1 system" means all
24areas of the State where an emergency telephone system board
25or, in the absence of an emergency telephone system board, a
26qualified governmental entity, has not declared its intention

 

 

09900SB0026ham002- 25 -LRB099 02701 AWJ 39584 a

1for one or more of its public safety answering points to serve
2as a primary wireless 9-1-1 public safety answering point for
3its jurisdiction. The operator of the statewide wireless
4emergency 9-1-1 system shall be the Department of State Police.
5    "System" means the communications equipment and related
6software applications required to produce a response by the
7appropriate emergency public safety agency or other provider of
8emergency services as a result of an emergency call being
9placed to 9-1-1.
10    "System provider" means the contracted entity providing
119-1-1 network and database services.
12    "Telecommunications carrier" means those entities included
13within the definition specified in Section 13-202 of the Public
14Utilities Act, and includes those carriers acting as resellers
15of telecommunications services. "Telecommunications carrier"
16includes telephone systems operating as mutual concerns.
17"Telecommunications carrier" does not include a wireless
18carrier.
19    "Telecommunications technology" means equipment that can
20send and receive written messages over the telephone network.
21    "Transfer method" means a 9-1-1 service in which the PSAP
22telecommunicator receiving a call transfers that call to the
23appropriate public safety agency or other provider of emergency
24services.
25    "Transmitting messages" shall have the meaning given to
26that term under Section 8-11-2 of the Illinois Municipal Code.

 

 

09900SB0026ham002- 26 -LRB099 02701 AWJ 39584 a

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

 

 

09900SB0026ham002- 27 -LRB099 02701 AWJ 39584 a

1communication, who can regularly and routinely communicate by
2telephone only through the aid of devices which can send and
3receive written messages over the telephone network.
4    "Wireless carrier" means a provider of two-way cellular,
5broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
6Mobile Radio Service (CMRS), Wireless Communications Service
7(WCS), or other Commercial Mobile Radio Service (CMRS), as
8defined by the Federal Communications Commission, offering
9radio communications that may provide fixed, mobile, radio
10location, or satellite communication services to individuals
11or businesses within its assigned spectrum block and
12geographical area or that offers real-time, two-way voice
13service that is interconnected with the public switched
14network, including a reseller of such service.
15    "Wireless enhanced 9-1-1" means the ability to relay the
16telephone number of the originator of a 9-1-1 call and location
17information from any mobile handset or text telephone device
18accessing the wireless system to the designated wireless public
19safety answering point as set forth in the order of the Federal
20Communications Commission, FCC Docket No. 94-102, adopted June
2112, 1996, with an effective date of October 1, 1996, and any
22subsequent amendment thereto.
23    "Wireless public safety answering point" means the
24functional division of a 9-1-1 authority accepting wireless
259-1-1 calls.
26    "Wireless subscriber" means an individual or entity to whom

 

 

09900SB0026ham002- 28 -LRB099 02701 AWJ 39584 a

1a wireless service account or number has been assigned by a
2wireless carrier, other than an account or number associated
3with prepaid wireless telecommunication service.
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. Uniform standards; rulemaking.
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 January 1, 2016 (the effective date of Public Act 99-6)
22this amendatory Act of the 99th General Assembly.
23    (b) The Department may adopt emergency rules necessary to
24implement the provisions of Public Act 99-6 this amendatory Act
25of the 99th General Assembly under subsection (t) of Section

 

 

09900SB0026ham002- 29 -LRB099 02701 AWJ 39584 a

15-45 of the Illinois 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 providers of telecommunication or
5other services under the Public Utilities Act.
6    (d) The Department and the Commission may adopt joint rules
7necessary for implementation of this Act to the extent the
8rules implicate both the regulation of 9-1-1 Authorities under
9this Act and the regulation of telecommunication carriers and
109-1-1 system providers under the Public Utilities Act. Joint
11emergency rules for such purpose may be adopted pursuant to
12subsection (v) of Section 5-45 of the Illinois Administrative
13Procedure Act.
14    (e) Any findings, orders, or decisions of the Administrator
15under this Section shall be deemed a final administrative
16decision and shall be subject to judicial review under the
17Administrative Review Law.
18(Source: P.A. 99-6, eff. 1-1-16.)
 
19    (50 ILCS 750/15.3)  (from Ch. 134, par. 45.3)
20    (Section scheduled to be repealed on July 1, 2017)
21    Sec. 15.3. Local non-wireless surcharge.
22    (a) Except as provided in subsection (l) of this Section,
23the corporate authorities of any municipality or any county
24may, subject to the limitations of subsections (c), (d), and
25(h), and in addition to any tax levied pursuant to the

 

 

09900SB0026ham002- 30 -LRB099 02701 AWJ 39584 a

1Simplified Municipal Telecommunications Tax Act, impose a
2monthly surcharge on billed subscribers of network connection
3provided by telecommunication carriers engaged in the business
4of transmitting messages by means of electricity originating
5within the corporate limits of the municipality or county
6imposing the surcharge at a rate per network connection
7determined in accordance with subsection (c), however the
8monthly surcharge shall not apply to a network connection
9provided for use with pay telephone services. Provided,
10however, that where multiple voice grade communications
11channels are connected between the subscriber's premises and a
12public switched network through private branch exchange (PBX)
13or centrex type service, a municipality imposing a surcharge at
14a rate per network connection, as determined in accordance with
15this Act, shall impose:
16        (i) in a municipality with a population of 500,000 or
17    less or in any county, 5 such surcharges per network
18    connection, as determined in accordance with subsections
19    (a) and (d) of Section 2.12 of this Act, for both regular
20    service and advanced service provisioned trunk lines;
21        (ii) in a municipality with a population, prior to
22    March 1, 2010, of 500,000 or more, 5 surcharges per network
23    connection, as determined in accordance with Section 2
24    subsections (a) and (d) of Section 2.12 of this Act, for
25    both regular service and advanced service provisioned
26    trunk lines;

 

 

09900SB0026ham002- 31 -LRB099 02701 AWJ 39584 a

1        (iii) in a municipality with a population, as of March
2    1, 2010, of 500,000 or more, 5 surcharges per network
3    connection, as determined in accordance with Section 2
4    subsections (a) and (d) of Section 2.12 of this Act, for
5    regular service provisioned trunk lines, and 12 surcharges
6    per network connection, as determined in accordance with
7    Section 2 subsections (a) and (d) of Section 2.12 of this
8    Act, for advanced service provisioned trunk lines, except
9    where an advanced service provisioned trunk line supports
10    at least 2 but fewer than 23 simultaneous voice grade calls
11    ("VGC's"), a telecommunication carrier may elect to impose
12    fewer than 12 surcharges per trunk line as provided in
13    subsection (iv) of this Section; or
14        (iv) for an advanced service provisioned trunk line
15    connected between the subscriber's premises and the public
16    switched network through a P.B.X., where the advanced
17    service provisioned trunk line is capable of transporting
18    at least 2 but fewer than 23 simultaneous VGC's per trunk
19    line, the telecommunications carrier collecting the
20    surcharge may elect to impose surcharges in accordance with
21    the table provided in this Section, without limiting any
22    telecommunications carrier's obligations to otherwise keep
23    and maintain records. Any telecommunications carrier
24    electing to impose fewer than 12 surcharges per an advanced
25    service provisioned trunk line shall keep and maintain
26    records adequately to demonstrate the VGC capability of

 

 

 

09900SB0026ham002- 32 -LRB099 02701 AWJ 39584 a

1    each advanced service provisioned trunk line with fewer
2    than 12 surcharges imposed, provided that 12 surcharges
3    shall be imposed on an advanced service provisioned trunk
4    line regardless of the VGC capability where a
5    telecommunications carrier cannot demonstrate the VGC
6    capability of the advanced service provisioned trunk line.
 
7Facility VGC's 911 Surcharges
8Advanced service provisioned trunk line 18-23 12
9Advanced service provisioned trunk line 12-17 10
10Advanced service provisioned trunk line 2-11 8
11    Subsections (i), (ii), (iii), and (iv) are not intended to
12make any change in the meaning of this Section, but are
13intended to remove possible ambiguity, thereby confirming the
14intent of paragraph (a) as it existed prior to and following
15the effective date of this amendatory Act of the 97th General
16Assembly.
17    For mobile telecommunications services, if a surcharge is
18imposed it shall be imposed based upon the municipality or
19county that encompasses the customer's place of primary use as
20defined in the Mobile Telecommunications Sourcing Conformity
21Act. A municipality may enter into an intergovernmental
22agreement with any county in which it is partially located,
23when the county has adopted an ordinance to impose a surcharge
24as provided in subsection (c), to include that portion of the

 

 

09900SB0026ham002- 33 -LRB099 02701 AWJ 39584 a

1municipality lying outside the county in that county's
2surcharge referendum. If the county's surcharge referendum is
3approved, the portion of the municipality identified in the
4intergovernmental agreement shall automatically be
5disconnected from the county in which it lies and connected to
6the county which approved the referendum for purposes of a
7surcharge on telecommunications carriers.
8    (b) For purposes of computing the surcharge imposed by
9subsection (a), the network connections to which the surcharge
10shall apply shall be those in-service network connections,
11other than those network connections assigned to the
12municipality or county, where the service address for each such
13network connection or connections is located within the
14corporate limits of the municipality or county levying the
15surcharge. Except for mobile telecommunication services, the
16"service address" shall mean the location of the primary use of
17the network connection or connections. For mobile
18telecommunication services, "service address" means the
19customer's place of primary use as defined in the Mobile
20Telecommunications Sourcing Conformity Act.
21    (c) Upon the passage of an ordinance to impose a surcharge
22under this Section the clerk of the municipality or county
23shall certify the question of whether the surcharge may be
24imposed to the proper election authority who shall submit the
25public question to the electors of the municipality or county
26in accordance with the general election law; provided that such

 

 

09900SB0026ham002- 34 -LRB099 02701 AWJ 39584 a

1question shall not be submitted at a consolidated primary
2election. The public question shall be in substantially the
3following form:
4-------------------------------------------------------------
5    Shall the county (or city, village
6or incorporated town) of ..... impose          YES
7a surcharge of up to ... per month per
8network connection, which surcharge will
9be added to the monthly bill you receive   ------------------
10for telephone or telecommunications
11charges, for the purpose of installing
12(or improving) a 9-1-1 Emergency               NO
13Telephone System?
14-------------------------------------------------------------
15    If a majority of the votes cast upon the public question
16are in favor thereof, the surcharge shall be imposed.
17    However, if a Joint Emergency Telephone System Board is to
18be created pursuant to an intergovernmental agreement under
19Section 15.4, the ordinance to impose the surcharge shall be
20subject to the approval of a majority of the total number of
21votes cast upon the public question by the electors of all of
22the municipalities or counties, or combination thereof, that
23are parties to the intergovernmental agreement.
24    The referendum requirement of this subsection (c) shall not
25apply to any municipality with a population over 500,000 or to
26any county in which a proposition as to whether a sophisticated

 

 

09900SB0026ham002- 35 -LRB099 02701 AWJ 39584 a

19-1-1 Emergency Telephone System should be installed in the
2county, at a cost not to exceed a specified monthly amount per
3network connection, has previously been approved by a majority
4of the electors of the county voting on the proposition at an
5election conducted before the effective date of this amendatory
6Act of 1987.
7    (d) A county may not impose a surcharge, unless requested
8by a municipality, in any incorporated area which has
9previously approved a surcharge as provided in subsection (c)
10or in any incorporated area where the corporate authorities of
11the municipality have previously entered into a binding
12contract or letter of intent with a telecommunications carrier
13to provide sophisticated 9-1-1 service through municipal
14funds.
15    (e) A municipality or county may at any time by ordinance
16change the rate of the surcharge imposed under this Section if
17the new rate does not exceed the rate specified in the
18referendum held pursuant to subsection (c).
19    (f) The surcharge authorized by this Section shall be
20collected from the subscriber by the telecommunications
21carrier providing the subscriber the network connection as a
22separately stated item on the subscriber's bill.
23    (g) The amount of surcharge collected by the
24telecommunications carrier shall be paid to the particular
25municipality or county or Joint Emergency Telephone System
26Board not later than 30 days after the surcharge is collected,

 

 

09900SB0026ham002- 36 -LRB099 02701 AWJ 39584 a

1net of any network or other 9-1-1 or sophisticated 9-1-1 system
2charges then due the particular telecommunications carrier, as
3shown on an itemized bill. The telecommunications carrier
4collecting the surcharge shall also be entitled to deduct 3% of
5the gross amount of surcharge collected to reimburse the
6telecommunications carrier for the expense of accounting and
7collecting the surcharge.
8    (h) Except as expressly provided in subsection (a) of this
9Section, on or after the effective date of this amendatory Act
10of the 98th General Assembly and until July 1, 2017, a
11municipality with a population of 500,000 or more shall not
12impose a monthly surcharge per network connection in excess of
13the highest monthly surcharge imposed as of January 1, 2014 by
14any county or municipality under subsection (c) of this
15Section. On or after July 1, 2017, a municipality with a
16population over 500,000 may not impose a monthly surcharge in
17excess of $2.50 per network connection.
18    (i) Any municipality or county or joint emergency telephone
19system board that has imposed a surcharge pursuant to this
20Section prior to the effective date of this amendatory Act of
211990 shall hereafter impose the surcharge in accordance with
22subsection (b) of this Section.
23    (j) The corporate authorities of any municipality or county
24may issue, in accordance with Illinois law, bonds, notes or
25other obligations secured in whole or in part by the proceeds
26of the surcharge described in this Section. The State of

 

 

09900SB0026ham002- 37 -LRB099 02701 AWJ 39584 a

1Illinois pledges and agrees that it will not limit or alter the
2rights and powers vested in municipalities and counties by this
3Section to impose the surcharge so as to impair the terms of or
4affect the security for bonds, notes or other obligations
5secured in whole or in part with the proceeds of the surcharge
6described in this Section. The pledge and agreement set forth
7in this Section survive the termination of the surcharge under
8subsection (l) by virtue of the replacement of the surcharge
9monies guaranteed under Section 20; the State of Illinois
10pledges and agrees that it will not limit or alter the rights
11vested in municipalities and counties to the surcharge
12replacement funds guaranteed under Section 20 so as to impair
13the terms of or affect the security for bonds, notes or other
14obligations secured in whole or in part with the proceeds of
15the surcharge described in this Section.
16    (k) Any surcharge collected by or imposed on a
17telecommunications carrier pursuant to this Section shall be
18held to be a special fund in trust for the municipality, county
19or Joint Emergency Telephone Board imposing the surcharge.
20Except for the 3% deduction provided in subsection (g) above,
21the special fund shall not be subject to the claims of
22creditors of the telecommunication carrier.
23    (l) On and after the effective date of this amendatory Act
24of the 99th General Assembly, no county or municipality, other
25than a municipality with a population over 500,000, may impose
26a monthly surcharge under this Section in excess of the amount

 

 

09900SB0026ham002- 38 -LRB099 02701 AWJ 39584 a

1imposed by it on the effective date of this Act. Any surcharge
2imposed pursuant to this Section by a county or municipality,
3other than a municipality with a population in excess of
4500,000, shall cease to be imposed on January 1, 2016.
5(Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)
 
6    (50 ILCS 750/15.4)  (from Ch. 134, par. 45.4)
7    (Text of Section before amendment by P.A. 99-6)
8    (Section scheduled to be repealed on July 1, 2017)
9    Sec. 15.4. Emergency Telephone System Board; powers.
10    (a) The corporate authorities of any county or municipality
11that imposes a surcharge under Section 15.3 shall establish an
12Emergency Telephone System Board. The corporate authorities
13shall provide for the manner of appointment and the number of
14members of the Board, provided that the board shall consist of
15not fewer than 5 members, one of whom must be a public member
16who is a resident of the local exchange service territory
17included in the 9-1-1 coverage area, one of whom (in counties
18with a population less than 100,000) must be a member of the
19county board, and at least 3 of whom shall be representative of
20the 9-1-1 public safety agencies, including but not limited to
21police departments, fire departments, emergency medical
22services providers, and emergency services and disaster
23agencies, and appointed on the basis of their ability or
24experience. In counties with a population of more than 100,000
25but less than 2,000,000, a member of the county board may serve

 

 

09900SB0026ham002- 39 -LRB099 02701 AWJ 39584 a

1on the Emergency Telephone System Board. Elected officials,
2including members of a county board, are also eligible to serve
3on the board. Members of the board shall serve without
4compensation but shall be reimbursed for their actual and
5necessary expenses. Any 2 or more municipalities, counties, or
6combination thereof, that impose a surcharge under Section 15.3
7may, instead of establishing individual boards, establish by
8intergovernmental agreement a Joint Emergency Telephone System
9Board pursuant to this Section. The manner of appointment of
10such a joint board shall be prescribed in the agreement.
11    Upon the effective date of this amendatory Act of the 98th
12General Assembly, appointed members of the Emergency Telephone
13System Board shall serve staggered 3-year terms if: (1) the
14Board serves a county with a population of 100,000 or less; and
15(2) appointments, on the effective date of this amendatory Act
16of the 98th General Assembly, are not for a stated term. The
17corporate authorities of the county or municipality shall
18assign terms to the board members serving on the effective date
19of this amendatory Act of the 98th General Assembly in the
20following manner: (1) one-third of board members' terms shall
21expire on January 1, 2015; (2) one-third of board members'
22terms shall expire on January 1, 2016; and (3) remaining board
23members' terms shall expire on January 1, 2017. Board members
24may be re-appointed upon the expiration of their terms by the
25corporate authorities of the county or municipality.
26    The corporate authorities of a county or municipality may,

 

 

09900SB0026ham002- 40 -LRB099 02701 AWJ 39584 a

1by a vote of the majority of the members elected, remove an
2Emergency Telephone System Board member for misconduct,
3official misconduct, or neglect of office.
4    (b) The powers and duties of the board shall be defined by
5ordinance of the municipality or county, or by
6intergovernmental agreement in the case of a joint board. The
7powers and duties shall include, but need not be limited to the
8following:
9        (1) Planning a 9-1-1 system.
10        (2) Coordinating and supervising the implementation,
11    upgrading, or maintenance of the system, including the
12    establishment of equipment specifications and coding
13    systems.
14        (3) Receiving moneys from the surcharge imposed under
15    Section 15.3, and from any other source, for deposit into
16    the Emergency Telephone System Fund.
17        (4) Authorizing all disbursements from the fund.
18        (5) Hiring any staff necessary for the implementation
19    or upgrade of the system.
20        (6) Participating in a Regional Pilot Project to
21    implement next generation 9-1-1, as defined in this Act,
22    subject to the conditions set forth in this Act.
23    (c) All moneys received by a board pursuant to a surcharge
24imposed under Section 15.3 shall be deposited into a separate
25interest-bearing Emergency Telephone System Fund account. The
26treasurer of the municipality or county that has established

 

 

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1the board or, in the case of a joint board, any municipal or
2county treasurer designated in the intergovernmental
3agreement, shall be custodian of the fund. All interest
4accruing on the fund shall remain in the fund. No expenditures
5may be made from such fund except upon the direction of the
6board by resolution passed by a majority of all members of the
7board. Expenditures may be made only to pay for the costs
8associated with the following:
9        (1) The design of the Emergency Telephone System.
10        (2) The coding of an initial Master Street Address
11    Guide data base, and update and maintenance thereof.
12        (3) The repayment of any moneys advanced for the
13    implementation of the system.
14        (4) The charges for Automatic Number Identification
15    and Automatic Location Identification equipment, a
16    computer aided dispatch system that records, maintains,
17    and integrates information, mobile data transmitters
18    equipped with automatic vehicle locators, and maintenance,
19    replacement and update thereof to increase operational
20    efficiency and improve the provision of emergency
21    services.
22        (5) The non-recurring charges related to installation
23    of the Emergency Telephone System and the ongoing network
24    charges.
25        (6) The acquisition and installation, or the
26    reimbursement of costs therefor to other governmental

 

 

09900SB0026ham002- 42 -LRB099 02701 AWJ 39584 a

1    bodies that have incurred those costs, of road or street
2    signs that are essential to the implementation of the
3    emergency telephone system and that are not duplicative of
4    signs that are the responsibility of the jurisdiction
5    charged with maintaining road and street signs.
6        (7) Other products and services necessary for the
7    implementation, upgrade, and maintenance of the system and
8    any other purpose related to the operation of the system,
9    including costs attributable directly to the construction,
10    leasing, or maintenance of any buildings or facilities or
11    costs of personnel attributable directly to the operation
12    of the system. Costs attributable directly to the operation
13    of an emergency telephone system do not include the costs
14    of public safety agency personnel who are and equipment
15    that is dispatched in response to an emergency call.
16        (7.5) The purchase of real property if the purchase is
17    made before March 16, 2006.
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.

 

 

09900SB0026ham002- 43 -LRB099 02701 AWJ 39584 a

1        (9) The defraying of expenses incurred in
2    participation in a Regional Pilot Project to implement next
3    generation 9-1-1, subject to the conditions set forth in
4    this Act.
5        (10) The implementation of a computer aided dispatch
6    system or hosted supplemental 9-1-1 services.
7    Moneys in the fund may also be transferred to a
8participating fire protection district to reimburse volunteer
9firefighters who man remote telephone switching facilities
10when dedicated 9-1-1 lines are down.
11    (d) The board shall complete the data base before
12implementation of the 9-1-1 system. The error ratio of the data
13base shall not at any time exceed 1% of the total data base.
14(Source: P.A. 97-517, eff. 8-23-11; 97-1018, eff. 8-17-12;
1598-481, eff. 8-16-13.)
 
16    (Text of Section after amendment by P.A. 99-6)
17    (Section scheduled to be repealed on July 1, 2017)
18    Sec. 15.4. Emergency Telephone System Board; powers.
19    (a) Except as provided in subsection (e) of this Section,
20the corporate authorities of any county or municipality may
21establish an Emergency Telephone System Board. The corporate
22authorities shall provide for the manner of appointment and the
23number of members of the Board, provided that the board shall
24consist of not fewer than 5 members, one of whom must be a
25public member who is a resident of the local exchange service

 

 

09900SB0026ham002- 44 -LRB099 02701 AWJ 39584 a

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

 

 

09900SB0026ham002- 45 -LRB099 02701 AWJ 39584 a

1assign terms to the board members serving on the effective date
2of this amendatory Act of the 98th General Assembly in the
3following manner: (1) one-third of board members' terms shall
4expire on January 1, 2015; (2) one-third of board members'
5terms shall expire on January 1, 2016; and (3) remaining board
6members' terms shall expire on January 1, 2017. Board members
7may be re-appointed upon the expiration of their terms by the
8corporate authorities of the county or municipality.
9    The corporate authorities of a county or municipality may,
10by a vote of the majority of the members elected, remove an
11Emergency Telephone System Board member for misconduct,
12official misconduct, or neglect of office.
13    (b) The powers and duties of the board shall be defined by
14ordinance of the municipality or county, or by
15intergovernmental agreement in the case of a joint board. The
16powers and duties shall include, but need not be limited to the
17following:
18        (1) Planning a 9-1-1 system.
19        (2) Coordinating and supervising the implementation,
20    upgrading, or maintenance of the system, including the
21    establishment of equipment specifications and coding
22    systems.
23        (3) Receiving moneys from the surcharge imposed under
24    Section 15.3, or disbursed to it under Section 30, and from
25    any other source, for deposit into the Emergency Telephone
26    System Fund.

 

 

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1        (4) Authorizing all disbursements from the fund.
2        (5) Hiring any staff necessary for the implementation
3    or upgrade of the system.
4        (6) (Blank).
5    (c) All moneys received by a board pursuant to a surcharge
6imposed under Section 15.3, or disbursed to it under Section
730, shall be deposited into a separate interest-bearing
8Emergency Telephone System Fund account. The treasurer of the
9municipality or county that has established the board or, in
10the case of a joint board, any municipal or county treasurer
11designated in the intergovernmental agreement, shall be
12custodian of the fund. All interest accruing on the fund shall
13remain in the fund. No expenditures may be made from such fund
14except upon the direction of the board by resolution passed by
15a majority of all members of the board.
16    (d) The board shall complete a Master Street Address Guide
17database before implementation of the 9-1-1 system. The error
18ratio of the database shall not at any time exceed 1% of the
19total database.
20    (e) On and after January 1, 2016 and except as provided in
21subsection (f) of this Section, no municipality or county may
22create an Emergency Telephone System Board unless the board is
23a Joint Emergency Telephone System Board. The corporate
24authorities of any county or municipality entering into an
25intergovernmental agreement to create or join a Joint Emergency
26Telephone System Board shall rescind the ordinance or

 

 

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1ordinances creating the original Emergency Telephone System
2Board and shall eliminate the Emergency Telephone System Board,
3effective upon the creation, with regulatory approval by the
4Administrator, or joining of the Joint Emergency Telephone
5System Board.
6    (f) Prior to July 1, 2017, any municipality with a
7population over 175,000 that serves as its own PSAP and, as of
8January 1, 2016, is under the jurisdiction of an Emergency
9Telephone System Board established by a county may separate
10from the Emergency Telephone System Board and enter an
11intergovernmental agreement to establish a Joint Emergency
12Telephone System Board with a county or municipality that has
13an existing Emergency Telephone System Board. The
14intergovernmental agreement and a plan modification shall be
15filed with the Division of 9-1-1, and the creation of the Joint
16Emergency Telephone System Board shall be subject to the
17approval of the Administrator. In the event an
18intergovernmental agreement is not entered into by July 1,
192017, the separating municipality may establish its own
20Emergency Telephone System Board upon approval of the
21Administrator. The municipality shall file a plan for the
22creation of its own board with the Division of 9-1-1. Within 60
23calendar days of receiving the plan and agreement for the
24creation of the Joint Emergency Telephone System Board or the
25plan to create an individual board under this subsection, the
26Statewide 9-1-1 Advisory Board shall hold at least one public

 

 

09900SB0026ham002- 48 -LRB099 02701 AWJ 39584 a

1hearing on the creation of the board and provide a
2recommendation to the Administrator. Notice of the hearing
3shall be provided to each respective entity to which the plan
4applies. Within 90 calendar days of receiving the plan and
5agreement for the creation of the Joint Emergency Telephone
6System Board or the plan to create an individual board under
7this subsection, the Administrator shall approve the creation
8of the board if it finds that the creation is economically
9reasonable, is technically feasible, and does not create a
10substantial threat to public safety. In making his or her
11decision, the Administrator shall consider any recommendation
12from the Statewide 9-1-1 Advisory Board. If the Administrator
13does not follow the recommendation of the Board, the
14Administrator shall provide a written explanation for the
15deviation in his or her decision. The deadlines provided in
16this paragraph may be extended upon agreement between the
17Administrator and entity which submitted the plan.
18(Source: P.A. 98-481, eff. 8-16-13; 99-6, eff. 1-1-16.)
 
19    (50 ILCS 750/15.4a)
20    (This Section may contain text from a Public Act with a
21delayed effective date)
22    (Section scheduled to be repealed on July 1, 2017)
23    Sec. 15.4a. Consolidation.
24    (a) By July 1, 2017, and except as otherwise provided in
25this Section, Emergency Telephone System Boards, Joint

 

 

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1Emergency Telephone System Boards, qualified governmental
2entities, and PSAPs shall be consolidated as follows, subject
3to subsections (b) and (c) of this Section:
4        (1) In any county with a population of at least 250,000
5    that has a single Emergency Telephone System Board, or
6    qualified governmental entity and more than 2 PSAPs, shall
7    reduce the number of PSAPs shall be reduced by at least 50%
8    or to 2 PSAPs, whichever is greater. Nothing in this
9    paragraph shall preclude consolidation resulting in one
10    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

 

 

09900SB0026ham002- 50 -LRB099 02701 AWJ 39584 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

 

 

09900SB0026ham002- 51 -LRB099 02701 AWJ 39584 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 Division of
139-1-1. Within 60 calendar days of receiving a consolidation
14plan, the Statewide 9-1-1 Advisory Board shall hold at least
15one public hearing on the plan and provide a recommendation to
16the Administrator. Notice of the hearing shall be provided to
17the respective entity to which the plan applies. Within 90
18calendar days of receiving a consolidation plan, the
19Administrator shall approve the plan, approve the plan as
20modified, or grant a waiver pursuant to subsection (c) of this
21Section. In making his or her decision, the Administrator shall
22consider any recommendation from the Statewide 9-1-1 Advisory
23Board regarding the plan. If the Administrator does not follow
24the recommendation of the Board, the Administrator shall
25provide a written explanation for the deviation in his or her
26decision. The deadlines provided in this subsection may be

 

 

09900SB0026ham002- 52 -LRB099 02701 AWJ 39584 a

1extended upon agreement between the Administrator and entity
2which submitted the plan.
3    (c) A waiver from a consolidation required under subsection
4(a) of this Section may be granted if the Administrator finds
5that the consolidation will result in a substantial threat to
6public safety, is economically unreasonable, or is technically
7infeasible.
8    (d) Any decision of the Administrator under this Section
9shall be deemed a final administrative decision and shall be
10subject to judicial review under the Administrative Review Law.
11    (e) Any county or 9-1-1 Authority not in compliance with
12this Section shall be ineligible to receive any (i)
13consolidation grant funds issued under Section 15.4b of this
14Act or (ii) monthly disbursements otherwise due under Section
1530 of this Act until the county or 9-1-1 Authority is in
16compliance.
17(Source: P.A. 99-6, eff. 1-1-16.)
 
18    (50 ILCS 750/19)
19    (Section scheduled to be repealed on July 1, 2017)
20    Sec. 19. Statewide 9-1-1 Advisory Board.
21    (a) Beginning July 1, 2015, there is created the Statewide
229-1-1 Advisory Board within the Department of State Police. The
23Board shall consist of the following 11 voting members:
24        (1) The Director of the State Police, or his or her
25    designee, who shall serve as chairman.

 

 

09900SB0026ham002- 53 -LRB099 02701 AWJ 39584 a

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

 

 

09900SB0026ham002- 54 -LRB099 02701 AWJ 39584 a

1members: (i) one member representing an incumbent local
2exchange 9-1-1 system provider; (ii) one member representing a
3non-incumbent local exchange 9-1-1 system provider; (iii) one
4member representing a large wireless carrier; (iv) one member
5representing a small wireless carrier; and (v) one member
6representing the Illinois Telecommunications Association; (vi)
7one member representing the Cable Television and
8Communications Association of Illinois; and (vii) one member
9representing the Illinois State Ambulance Association.
10    (b) The Governor shall make initial appointments to the
11Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the
12voting members appointed by the Governor shall serve an initial
13term of 2 years, and the remaining voting members appointed by
14the Governor shall serve an initial term of 3 years.
15Thereafter, each appointment by the Governor shall be for a
16term of 3 years. Non-voting members shall serve for a term of 3
17years. Vacancies shall be filled in the same manner as the
18original appointment. Persons appointed to fill a vacancy shall
19serve for the balance of the unexpired term.
20    Members of the Statewide 9-1-1 Advisory Board shall serve
21without compensation.
22    (c) The 9-1-1 Services Advisory Board, as constituted on
23June 1, 2015 without the legislative members, shall serve in
24the role of the Statewide 9-1-1 Advisory Board until all
25appointments of voting members have been made by the Governor
26under subsection (a) of this Section.

 

 

09900SB0026ham002- 55 -LRB099 02701 AWJ 39584 a

1    (d) The Statewide 9-1-1 Advisory Board shall:
2        (1) advise the Department of State Police and the
3    Statewide 9-1-1 Administrator on the oversight of 9-1-1
4    systems and the development and implementation of a uniform
5    statewide 9-1-1 system;
6        (2) make recommendations to the Governor and the
7    General Assembly regarding improvements to 9-1-1 services
8    throughout the State; and
9        (3) exercise all other powers and duties provided in
10    this Act.
11    (e) The Statewide 9-1-1 Advisory Board shall submit to the
12General Assembly a report by March 1 of each year providing an
13update on the transition to a statewide 9-1-1 system and
14recommending any legislative action.
15    (f) The Department of State Police shall provide
16administrative support to the Statewide 9-1-1 Advisory Board.
17(Source: P.A. 99-6, eff. 6-29-15.)
 
18    (50 ILCS 750/20)
19    (This Section may contain text from a Public Act with a
20delayed effective date)
21    (Section scheduled to be repealed on July 1, 2017)
22    Sec. 20. Statewide surcharge.
23    (a) On and after January 1, 2016, and except with respect
24to those customers who are subject to surcharges as provided in
25Sections 15.3 and 15.3a of this Act, a monthly surcharge shall

 

 

09900SB0026ham002- 56 -LRB099 02701 AWJ 39584 a

1be imposed on all customers of telecommunications carriers and
2wireless carriers as follows:
3        (1) Each telecommunications carrier shall impose a
4    monthly surcharge of $0.87 per network connection;
5    provided, however, the monthly surcharge shall not apply to
6    a network connection provided for use with pay telephone
7    services. Where multiple voice grade communications
8    channels are connected between the subscriber's premises
9    and a public switched network through private branch
10    exchange (PBX), or centrex type service, or other multiple
11    voice grade communication channels facility there shall be
12    imposed 5 such surcharges per network connection for both
13    regular service and advanced service provisioned trunk
14    lines.
15        (2) Each wireless carrier shall impose and collect a
16    monthly surcharge of $0.87 per CMRS connection that either
17    has a telephone number within an area code assigned to
18    Illinois by the North American Numbering Plan
19    Administrator or has a billing address in this State.
20    (b) State and local taxes shall not apply to the surcharges
21imposed under this Section.
22    (c) The surcharges imposed by this Section shall be stated
23as a separately stated item on subscriber bills.
24    (d) The telecommunications carrier collecting the
25surcharge shall also be entitled to deduct 3% of the gross
26amount of surcharge collected to reimburse the

 

 

09900SB0026ham002- 57 -LRB099 02701 AWJ 39584 a

1telecommunications carrier for the expense of accounting and
2collecting the surcharge. On and after July 1, 2022, the
3wireless carrier collecting a surcharge under this Section
4shall be entitled to deduct up to 3% of the gross amount of the
5surcharge collected to reimburse the wireless carrier for the
6expense of accounting and collecting the surcharge.
7    (e) Surcharges imposed under this Section shall be
8collected by the carriers and, within 30 days of collection,
9remitted, either by check or electronic funds transfer, to the
10Department for deposit into the Statewide 9-1-1 Fund. Carriers
11are not required to remit surcharge moneys that are billed to
12subscribers but not yet collected.
13    The first remittance by wireless carriers shall include the
14number of subscribers by zip code, and the 9-digit zip code if
15currently being used or later implemented by the carrier, that
16shall be the means by which the Department shall determine
17distributions from the Statewide 9-1-1 Fund. This information
18shall be updated at least once each year. Any carrier that
19fails to provide the zip code information required under this
20subsection (e) shall be subject to the penalty set forth in
21subsection (g) of this Section.
22    (f) If, within 5 business days after it is due under
23subsection (e) of this Section, a carrier does not remit the
24surcharge or any portion thereof required under this Section,
25then the surcharge or portion thereof shall be deemed
26delinquent until paid in full, and the Department may impose a

 

 

09900SB0026ham002- 58 -LRB099 02701 AWJ 39584 a

1penalty against the carrier in an amount equal to the greater
2of:
3        (1) $25 for each month or portion of a month from the
4    time an amount becomes delinquent until the amount is paid
5    in full; or
6        (2) an amount equal to the product of 1% and the sum of
7    all delinquent amounts for each month or portion of a month
8    that the delinquent amounts remain unpaid.
9    A penalty imposed in accordance with this subsection (f)
10for a portion of a month during which the carrier pays the
11delinquent amount in full shall be prorated for each day of
12that month that the delinquent amount was paid in full. Any
13penalty imposed under this subsection (f) is in addition to the
14amount of the delinquency and is in addition to any other
15penalty imposed under this Section.
16    (g) If, within 5 business days after it is due, a wireless
17carrier does not provide the number of subscribers by zip code
18as required under subsection (e) of this Section, then the
19report is deemed delinquent and the Department may impose a
20penalty against the carrier in an amount equal to the greater
21of:
22        (1) $25 for each month or portion of a month that the
23    report is delinquent; or
24        (2) an amount equal to the product of $0.01 and the
25    number of subscribers served by the carrier.
26    A penalty imposed in accordance with this subsection (g)

 

 

09900SB0026ham002- 59 -LRB099 02701 AWJ 39584 a

1for a portion of a month during which the carrier provides the
2number of subscribers by zip code as required under subsection
3(e) of this Section shall be prorated for each day of that
4month during which the carrier had not provided the number of
5subscribers by zip code as required under subsection (e) of
6this Section. Any penalty imposed under this subsection (g) is
7in addition to any other penalty imposed under this Section.
8    (h) A penalty imposed and collected in accordance with
9subsection (f) or (g) of this Section shall be deposited into
10the Statewide 9-1-1 Fund for distribution according to Section
1130 of this Act.
12    (i) The Department may enforce the collection of any
13delinquent amount and any penalty due and unpaid under this
14Section by legal action or in any other manner by which the
15collection of debts due the State of Illinois may be enforced
16under the laws of this State. The Department may excuse the
17payment of any penalty imposed under this Section if the
18Administrator determines that the enforcement of this penalty
19is unjust.
20    (j) Notwithstanding any provision of law to the contrary,
21nothing shall impair the right of wireless carriers to recover
22compliance costs for all emergency communications services
23that are not reimbursed out of the Wireless Carrier
24Reimbursement Fund directly from their wireless subscribers by
25line-item charges on the wireless subscriber's bill. Those
26compliance costs include all costs incurred by wireless

 

 

09900SB0026ham002- 60 -LRB099 02701 AWJ 39584 a

1carriers in complying with local, State, and federal regulatory
2or legislative mandates that require the transmission and
3receipt of emergency communications to and from the general
4public, including, but not limited to, E9-1-1.
5(Source: P.A. 99-6, eff. 1-1-16.)
 
6    (50 ILCS 750/30)
7    (This Section may contain text from a Public Act with a
8delayed effective date)
9    (Section scheduled to be repealed on July 1, 2017)
10    Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
11    (a) A special fund in the State treasury known as the
12Wireless Service Emergency Fund shall be renamed the Statewide
139-1-1 Fund. Any appropriations made from the Wireless Service
14Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
15The Fund shall consist of the following:
16        (1) 9-1-1 wireless surcharges assessed under the
17    Wireless Emergency Telephone Safety Act.
18        (2) 9-1-1 surcharges assessed under Section 20 of this
19    Act.
20        (3) Prepaid wireless 9-1-1 surcharges assessed under
21    Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
22        (4) Any appropriations, grants, or gifts made to the
23    Fund.
24        (5) Any income from interest, premiums, gains, or other
25    earnings on moneys in the Fund.

 

 

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1        (6) Money from any other source that is deposited in or
2    transferred to the Fund.
3    (b) Subject to appropriation, the Department shall
4distribute the 9-1-1 surcharges monthly as follows:
5        (1) From each surcharge collected and remitted under
6    Section 20 of this Act:
7            (A) $0.013 shall be distributed monthly in equal
8        amounts to each County Emergency Telephone System
9        Board or qualified governmental entity in counties
10        with a population under 100,000 according to the most
11        recent census data which is authorized to serve as a
12        primary wireless 9-1-1 public safety answering point
13        for the county and to provide wireless 9-1-1 service as
14        prescribed by subsection (b) of Section 15.6a of this
15        Act, and which does provide such service.
16            (B) $0.033 shall be transferred by the Comptroller
17        at the direction of the Department to the Wireless
18        Carrier Reimbursement Fund until June 30, 2017; from
19        July 1, 2017 through June 30, 2018, $0.026 shall be
20        transferred; from July 1, 2018 through June 30, 2019,
21        $0.020 shall be transferred; from July 1, 2019, through
22        June 30, 2020, $0.013 shall be transferred; from July
23        1, 2020 through June 30, 2021, $0.007 will be
24        transferred; and after June 30, 2021, no transfer shall
25        be made to the Wireless Carrier Reimbursement Fund.
26            (C) $0.007 shall be used to cover the Department's

 

 

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1        administrative costs.
2        (2) After disbursements under paragraph (1) of this
3    subsection (b), all remaining funds in the Statewide 9-1-1
4    Fund shall be disbursed in the following priority order:
5            (A) The Department shall Fund will pay monthly to:
6                (i) the 9-1-1 Authorities that imposed
7            surcharges under Section 15.3 of this Act and were
8            required to report to the Illinois Commerce
9            Commission under Section 27 of the Wireless
10            Emergency Telephone Safety Act on October 1, 2014,
11            except a 9-1-1 Authority in a municipality with a
12            population in excess of 500,000, an amount equal to
13            the average monthly wireline and VoIP surcharge
14            revenue attributable to the most recent 12-month
15            period reported to the Department under that
16            Section for the October 1, 2014 filing, subject to
17            the power of the Department to investigate the
18            amount reported and adjust the number by final
19            order, which shall be subject to judicial review
20            under the Administrative Review Law under Article
21            X of the Public Utilities Act, so that the monthly
22            amount paid under this item accurately reflects
23            one-twelfth of the aggregate wireline and VoIP
24            surcharge revenue properly attributable to the
25            most recent 12-month period reported to the
26            Commission; or

 

 

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1                (ii) county qualified governmental entities
2            that did not impose a surcharge under Section 15.3
3            as of December 31, 2015, and counties that did not
4            impose a surcharge as of June 30, 2015, an amount
5            equivalent to their population multiplied by .37
6            multiplied by the rate of $0.69; counties that are
7            not county qualified governmental entities and
8            that did not impose a surcharge as of December 31,
9            2015, shall not begin to receive the payment
10            provided for in this subsection until E9-1-1 and
11            wireless E9-1-1 services are provided within their
12            counties; or
13                (iii) counties without 9-1-1 service that had
14            a surcharge in place by December 31, 2015, an
15            amount equivalent to their population multiplied
16            by .37 multiplied by their surcharge rate as
17            established by the referendum.
18            (B) All 9-1-1 network costs for systems outside of
19        municipalities with a population of at least 500,000
20        shall be paid by the Department directly to the
21        vendors.
22            (C) All expenses incurred by the Administrator and
23        the Statewide 9-1-1 Advisory Board and costs
24        associated with procurement under Section 15.6b
25        including requests for information and requests for
26        proposals.

 

 

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1            (D) Funds may be held in reserve by the Statewide
2        9-1-1 Advisory Board and disbursed by the Department
3        for grants under Sections 15.4a, 15.4b, and for NG9-1-1
4        expenses up to $12.5 million per year in State fiscal
5        years 2016 and 2017; up to $13.5 million in State
6        fiscal year 2018; up to $14.4 million in State fiscal
7        year 2019; up to $15.3 million in State fiscal year
8        2020; up to $16.2 million in State fiscal year 2021; up
9        to $23.1 million in State fiscal year 2022; and up to
10        $17.0 million per year for State fiscal year 2023 and
11        each year thereafter.
12            (E) All remaining funds per remit month shall be
13        used to make monthly proportional grants to the
14        appropriate 9-1-1 Authority currently taking wireless
15        9-1-1 based upon the United States Postal Zip Code of
16        the billing addresses of subscribers of wireless
17        carriers.
18    (c) The moneys deposited into the Statewide 9-1-1 Fund
19under this Section shall not be subject to administrative
20charges or chargebacks unless otherwise authorized by this Act.
21    (d) Whenever two or more 9-1-1 Authorities consolidate, the
22resulting Joint Emergency Telephone System Board shall be
23entitled to the monthly payments that had theretofore been made
24to each consolidating 9-1-1 Authority. Any reserves held by any
25consolidating 9-1-1 Authority shall be transferred to the
26resulting Joint Emergency Telephone System Board. Whenever a

 

 

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1county that has no 9-1-1 service as of January 1, 2016 enters
2into an agreement to consolidate to create or join a Joint
3Emergency Telephone System Board, the Joint Emergency
4Telephone System Board shall be entitled to the monthly
5payments that would have otherwise been paid to the county if
6it had provided 9-1-1 service.
7(Source: P.A. 99-6, eff. 1-1-16.)
 
8    (50 ILCS 750/40)
9    (This Section may contain text from a Public Act with a
10delayed effective date)
11    (Section scheduled to be repealed on July 1, 2017)
12    Sec. 40. Financial reports.
13    (a) The Department shall create uniform accounting
14procedures, with such modification as may be required to give
15effect to statutory provisions applicable only to
16municipalities with a population in excess of 500,000, that any
17emergency telephone system board, qualified governmental
18entity, or unit of local government receiving surcharge money
19pursuant to Section 15.3, 15.3a, or 30 of this Act must follow.
20    (b) By October 1, 2016, and every October 1 thereafter,
21each emergency telephone system board, qualified governmental
22entity, or unit of local government receiving surcharge money
23pursuant to Section 15.3, 15.3a, or 30 shall report to the
24Department audited financial statements showing total revenue
25and expenditures for the previous fiscal year in a form and

 

 

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1manner as prescribed by the Department. Such financial
2information shall include:
3        (1) a detailed summary of revenue from all sources
4    including, but not limited to, local, State, federal, and
5    private revenues, and any other funds received;
6        (2) operating expenses, capital expenditures, and cash
7    balances; and
8        (3) such other financial information that is relevant
9    to the provision of 9-1-1 services as determined by the
10    Department.
11    The emergency telephone system board, qualified
12governmental entity, or unit of local government is responsible
13for any costs associated with auditing such financial
14statements. The Department shall post the audited financial
15statements on the Department's website.
16    (c) Along with its audited financial statement, each
17emergency telephone system board, qualified governmental
18entity, or unit of local government receiving a grant under
19Section 15.4b of this Act shall include a report of the amount
20of grant moneys received and how the grant moneys were used. In
21case of a conflict between this requirement and the Grant
22Accountability and Transparency Act, or with the rules of the
23Governor's Office of Management and Budget adopted thereunder,
24that Act and those rules shall control.
25    (d) If an emergency telephone system board or qualified
26governmental entity that receives funds from the Statewide

 

 

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19-1-1 Fund fails to file the 9-1-1 system financial reports as
2required under this Section, the Department shall suspend and
3withhold monthly disbursements otherwise due to the emergency
4telephone system board or qualified governmental entity under
5Section 30 of this Act until the report is filed.
6    Any monthly disbursements that have been withheld for 12
7months or more shall be forfeited by the emergency telephone
8system board or qualified governmental entity and shall be
9distributed proportionally by the Department to compliant
10emergency telephone system boards and qualified governmental
11entities that receive funds from the Statewide 9-1-1 Fund.
12    Any emergency telephone system board or qualified
13governmental entity not in compliance with this Section shall
14be ineligible to receive any consolidation grant or
15infrastructure grant issued under this Act.
16    (e) The Department may adopt emergency rules necessary to
17implement the provisions of this Section.
18    (f) Any findings or decisions of the Department under this
19Section shall be deemed a final administrative decision and
20shall be subject to judicial review under the Administrative
21Review Law.
22(Source: P.A. 99-6, eff. 1-1-16.)
 
23    (50 ILCS 750/45)
24    (This Section may contain text from a Public Act with a
25delayed effective date)

 

 

09900SB0026ham002- 68 -LRB099 02701 AWJ 39584 a

1    (Section scheduled to be repealed on July 1, 2017)
2    Sec. 45. Wireless Carrier Reimbursement Fund.
3    (a) A special fund in the State treasury known as the
4Wireless Carrier Reimbursement Fund, which was created
5previously under Section 30 of the Wireless Emergency Telephone
6Safety Act, shall continue in existence without interruption
7notwithstanding the repeal of that Act. Moneys in the Wireless
8Carrier Reimbursement Fund may be used, subject to
9appropriation, only (i) to reimburse wireless carriers for all
10of their costs incurred in complying with the applicable
11provisions of Federal Communications Commission wireless
12enhanced 9-1-1 service mandates, and (ii) to pay the reasonable
13and necessary costs of the Department Illinois Commerce
14Commission in exercising its rights, duties, powers, and
15functions under this Act. This reimbursement to wireless
16carriers may include, but need not be limited to, the cost of
17designing, upgrading, purchasing, leasing, programming,
18installing, testing, and maintaining necessary data, hardware,
19and software and associated operating and administrative costs
20and overhead.
21    (b) To recover costs from the Wireless Carrier
22Reimbursement Fund, the wireless carrier shall submit sworn
23invoices to the Department Illinois Commerce Commission. In no
24event may any invoice for payment be approved for (i) costs
25that are not related to compliance with the requirements
26established by the wireless enhanced 9-1-1 mandates of the

 

 

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1Federal Communications Commission, or (ii) costs with respect
2to any wireless enhanced 9-1-1 service that is not operable at
3the time the invoice is submitted.
4    (c) If in any month the total amount of invoices submitted
5to the Department Illinois Commerce Commission and approved for
6payment exceeds the amount available in the Wireless Carrier
7Reimbursement Fund, wireless carriers that have invoices
8approved for payment shall receive a pro-rata share of the
9amount available in the Wireless Carrier Reimbursement Fund
10based on the relative amount of their approved invoices
11available that month, and the balance of the payments shall be
12carried into the following months until all of the approved
13payments are made.
14    (d) A wireless carrier may not receive payment from the
15Wireless Carrier Reimbursement Fund for its costs of providing
16wireless enhanced 9-1-1 services in an area when a unit of
17local government or emergency telephone system board provides
18wireless 9-1-1 services in that area and was imposing and
19collecting a wireless carrier surcharge prior to July 1, 1998.
20    (e) The Department Illinois Commerce Commission shall
21maintain detailed records of all receipts and disbursements and
22shall provide an annual accounting of all receipts and
23disbursements to the Auditor General.
24    (f) The Department Illinois Commerce Commission must
25annually review the balance in the Wireless Carrier
26Reimbursement Fund as of June 30 of each year and shall direct

 

 

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1the Comptroller to transfer into the Statewide 9-1-1 Fund for
2distribution in accordance with subsection (b) of Section 30 of
3this Act any amount in excess of outstanding invoices as of
4June 30 of each year.
5    (g) The Department Illinois Commerce Commission shall
6adopt rules to govern the reimbursement process. Any rules
7adopted by the Commission governing reimbursements from the
8Wireless Carrier Reimbursement Fund shall become the rules of
9the Department, and shall continue in effect until amended or
10repealed by the Department.
11(Source: P.A. 99-6, eff. 1-1-16.)
 
12    (50 ILCS 750/55)
13    (This Section may contain text from a Public Act with a
14delayed effective date)
15    (Section scheduled to be repealed on July 1, 2017)
16    Sec. 55. Public disclosure. Because of the highly
17competitive nature of the wireless telephone industry, public
18disclosure of information about surcharge moneys paid by
19wireless carriers could have the effect of stifling competition
20to the detriment of the public and the delivery of wireless
219-1-1 services. Therefore, the Illinois Commerce Commission,
22the Department of State Police, governmental agencies, and
23individuals with access to that information shall take
24appropriate steps to prevent public disclosure of this
25information. Information and data supporting the amount and

 

 

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1distribution of surcharge moneys collected and remitted by an
2individual wireless carrier shall be deemed exempt information
3for purposes of the Freedom of Information Act and shall not be
4publicly disclosed. The gross amount paid by all carriers shall
5not be deemed exempt and may be publicly disclosed.
6(Source: P.A. 99-6, eff. 1-1-16.)
 
7    (50 ILCS 750/65 new)
8    Sec. 65. Home rule.
9    (a) A home rule unit shall not impose a separate 9-1-1
10surcharge on subscribers of telecommunications carriers and
11wireless carriers in addition to the 9-1-1 surcharges provided
12for under this Act. This subsection is a limitation under
13subsection (g) of Section 6 of Article VII of the Illinois
14Constitution on the powers and functions of home rule units not
15exercised or performed by the State.
16    (b) A home rule unit may not regulate emergency telephone
17services or provide emergency telephone services in any way
18that conflicts with this Act and any rules adopted pursuant to
19this Act. All units of local government must comply with the
20provisions of this Act and all rules adopted pursuant to this
21Act as applicable. This Section is a denial and limitation of
22home rule powers and functions under subsection (h) of Section
236 of Article VII of the Illinois Constitution.
 
24    Section 95. No acceleration or delay. Where this Act makes

 

 

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1changes in a statute that is represented in this Act by text
2that is not yet or no longer in effect (for example, a Section
3represented by multiple versions), the use of that text does
4not accelerate or delay the taking effect of (i) the changes
5made by this Act or (ii) provisions derived from any other
6Public Act.
 
7    Section 99. Effective date. This Act takes effect January
81, 2016, except that this Section and the changes to Section 19
9of the Emergency Telephone System Act take effect upon becoming
10law.".