Illinois General Assembly - Full Text of HB3296
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Full Text of HB3296  97th General Assembly




State of Illinois
2011 and 2012


Introduced 2/24/2011, by Rep. Donald L. Moffitt


50 ILCS 751/10
50 ILCS 751/15
50 ILCS 751/17
50 ILCS 751/20
50 ILCS 751/70 rep.

    Amends the Wireless Emergency Telephone Safety Act. Provides that the definition of "wireless telephone service" includes wireless enhanced 911 service, wireline enhanced 911 service, interconnected VoIP provider service as defined by the regulations set forth by the Federal Communications Commission, IP-enabled service, and prepaid wireless service. Requires that beginning on July 1, 2013, all public safety answering points must provide Phase II wireless services for at least 50% of their carriers. Further provides that surcharges collected and remitted on or after the effective date of the amendatory Act, shall be deposited into the Wireless Service Emergency Fund, totalling $0.73 per surcharge. Provides that the Wireless Service Emergency Fund is not subject to sweeps that would in any way transfer any funds into any other fund of the State. Removes a provision repealing the Wireless Emergency Telephone Safety Act on April 1, 2013. Effective immediately.

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1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Wireless Emergency Telephone Safety Act is
5amended by changing Sections 10, 15, 17, and 20 as follows:
6    (50 ILCS 751/10)
7    (Section scheduled to be repealed on April 1, 2013)
8    Sec. 10. Definitions. In this Act:
9    "Active prepaid wireless telephone" means a prepaid
10wireless telephone that has been used or activated by the
11customer during the month to complete a telephone call for
12which the customer's card or account was decremented.
13    "Emergency telephone system board" means a board appointed
14by the corporate authorities of any county or municipality that
15provides for the management and operation of a 9-1-1 system
16within the scope of the duties and powers prescribed by the
17Emergency Telephone System Act.
18    "Master street address guide" means the computerized
19geographical database that consists of all street and address
20data within a 9-1-1 system.
21    "Mobile telephone number" or "MTN" shall mean the telephone
22number assigned to a wireless telephone at the time of initial



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1    "Prepaid wireless telephone service" means wireless
2telephone service which is activated by payment in advance of a
3finite dollar amount or for a finite set of minutes and which,
4unless an additional finite dollar amount or finite set of
5minutes is paid in advance, terminates either (i) upon use by a
6customer and delivery by the wireless carrier of an agreed-upon
7amount of service corresponding to the total dollar amount paid
8in advance, or within a certain period of time following
9initial purchase or activation.
10    "Public safety agency" means a functional division of a
11public agency that provides fire fighting, police, medical, or
12other emergency services. For the purpose of providing wireless
13service to users of 9-1-1 emergency services, as expressly
14provided for in this Act, the Department of State Police may be
15considered a public safety agency.
16    "Qualified governmental entity" means a unit of local
17government authorized to provide 9-1-1 services pursuant to the
18Emergency Telephone System Act where no emergency telephone
19system board exists.
20    "Remit period" means the billing period, one month in
21duration, for which a wireless carrier, other than a prepaid
22wireless carrier that provides zip code information based upon
23the addresses associated with its customers' points of
24purchase, customers' billing addresses, or locations
25associated with MTNs, as described in subsection (a) of Section
2617, remits a surcharge and provides subscriber information by



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1zip code to the Illinois Commerce Commission, in accordance
2with Section 17 of this Act.
3    "Statewide wireless emergency 9-1-1 system" means all
4areas of the State where an emergency telephone system board
5or, in the absence of an emergency telephone system board, a
6qualified governmental entity has not declared its intention
7for one or more of its public safety answering points to serve
8as a primary wireless 9-1-1 public safety answering point for
9its jurisdiction. The operator of the statewide wireless
10emergency 9-1-1 system shall be the Department of State Police.
11    "Sufficient positive balance" means a dollar amount
12greater than or equal to the monthly wireless 9-1-1 surcharge
14    "Wireless carrier" means a provider of two-way cellular,
15broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
16Mobile Radio Service (CMRS), Wireless Communications Service
17(WCS), or other Commercial Mobile Radio Service (CMRS), as
18defined by the Federal Communications Commission, offering
19radio communications that may provide fixed, mobile, radio
20location, or satellite communication services to individuals
21or businesses within its assigned spectrum block and
22geographical area or that offers real-time, two-way voice
23service that is interconnected with the public switched
24network, including a reseller of such service.
25    "Wireless enhanced 9-1-1" means the ability to relay the
26telephone number of the originator of a 9-1-1 call and location



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1information from any mobile handset or text telephone device
2accessing the wireless system to the designated wireless public
3safety answering point as set forth in the order of the Federal
4Communications Commission, FCC Docket No. 94-102, adopted June
512, 1996, with an effective date of October 1, 1996, and any
6subsequent amendment thereto.
7    "Wireless public safety answering point" means the
8functional division of an emergency telephone system board,
9qualified governmental entity, or the Department of State
10Police accepting wireless 9-1-1 calls.
11    "Wireless subscriber" means an individual or entity to whom
12a wireless service account or number has been assigned by a
13wireless carrier.
14    "Wireless telephone service" includes prepaid wireless
15telephone service and means all "commercial mobile service", as
16that term is defined in 47 CFR 20.3, including all personal
17communications services, wireless radio telephone services,
18geographic area specialized and enhanced specialized mobile
19radio services, and incumbent wide area specialized mobile
20radio licensees that offer real time, two-way service that is
21interconnected with the public switched telephone network,
22wireless enhanced 911 service, wireline enhanced 911 service,
23interconnected VoIP provider service as defined by the
24regulations set forth by the Federal Communications
25Commission, IP-enabled service, and prepaid wireless service.
26(Source: P.A. 95-63, eff. 8-13-07.)



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1    (50 ILCS 751/15)
2    (Section scheduled to be repealed on April 1, 2013)
3    Sec. 15. Wireless emergency 9-1-1 service. The digits
4"9-1-1" shall be the designated emergency telephone number
5within the wireless system.
6    (a) Standards. The Illinois Commerce Commission may set
7non-discriminatory, uniform technical and operational
8standards consistent with the rules of the Federal
9Communications Commission for directing calls to authorized
10public safety answering points. These standards shall not in
11any way prescribe the technology or manner a wireless carrier
12shall use to deliver wireless 9-1-1 or wireless E9-1-1 calls
13and these standards shall not exceed the requirements set by
14the Federal Communications Commission. However, standards for
15directing calls to the authorized public safety answering point
16shall be included. The authority given to the Illinois Commerce
17Commission in this Section is limited to setting standards as
18set forth herein and does not constitute authority to regulate
19wireless carriers.
20    (b) Wireless public safety answering points. For the
21purpose of providing wireless 9-1-1 emergency services, an
22emergency telephone system board or, in the absence of an
23emergency telephone system board, a qualified governmental
24entity may declare its intention for one or more of its public
25safety answering points to serve as a primary wireless 9-1-1



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1public safety answering point for its jurisdiction by notifying
2the Chief Clerk of the Illinois Commerce Commission and the
3Director of State Police in writing within 6 months after the
4effective date of this Act or within 6 months after receiving
5its authority to operate a 9-1-1 system under the Emergency
6Telephone System Act, whichever is later. In addition, 2 or
7more emergency telephone system boards or qualified units of
8local government may, by virtue of an intergovernmental
9agreement, provide wireless 9-1-1 service. The Department of
10State Police shall be the primary wireless 9-1-1 public safety
11answering point for any jurisdiction not providing notice to
12the Commission and the Department of State Police. Nothing in
13this Act shall require the provision of wireless enhanced 9-1-1
15    The Illinois Commerce Commission, upon a request from a
16qualified governmental entity or an emergency telephone system
17board, may grant authority to the emergency telephone system
18board or a qualified governmental entity to provide wireless
199-1-1 service in areas for which the Department of State Police
20has accepted wireless 9-1-1 responsibility. The Illinois
21Commerce Commission shall maintain a current list of all 9-1-1
22systems and qualified governmental entities providing wireless
239-1-1 service under this Act.
24    Any emergency telephone system board or qualified
25governmental entity providing wireless 9-1-1 service prior to
26the effective date of this Act may continue to operate upon



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1notification as previously described in this Section. An
2emergency telephone system board or a qualified governmental
3entity shall submit, with its notification, the date upon which
4it commenced operating.
5    Beginning on July 1, 2013, all public safety answering
6points must provide Phase II wireless services, as required by
7the Federal Communications Commission, for at least 50% of
8their carriers.
9    (c) Wireless Enhanced 9-1-1 Board. The Wireless Enhanced
109-1-1 Board is created. The Board consists of 7 members
11appointed by the Governor with the advice and consent of the
12Senate. It is recommended that the Governor appoint members
13from the following: the Illinois Chapter of the National
14Emergency Numbers Association, the Illinois State Police, law
15enforcement agencies, the wireless telecommunications
16industry, an emergency telephone system board in Cook County
17(outside the City of Chicago), an emergency telephone system
18board in the Metro-east area, and an emergency telephone system
19board in the collar counties (Lake, McHenry, DuPage, Kane, and
20Will counties). Members of the Board may not receive any
21compensation but may, however, be reimbursed for any necessary
22expenditure in connection with their duties.
23    Except as provided in Section 45, the Wireless Enhanced
249-1-1 Board shall set the amount of the monthly wireless
25surcharge required to be imposed under Section 17 on all
26wireless subscribers in this State. Prior to the Wireless



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1Enhanced 9-1-1 Board setting any surcharge, the Board shall
2publish the proposed surcharge in the Illinois Register, hold
3hearings on the surcharge and the requirements for an efficient
4wireless emergency number system, and elicit public comment.
5The Board shall determine the minimum cost necessary for
6implementation of this system and the amount of revenue
7produced based upon the number of wireless telephones in use.
8The Board shall set the surcharge at the minimum amount
9necessary to achieve the goals of the Act and shall, by July 1,
102000, file this information with the Governor, the Clerk of the
11House, and the Secretary of the Senate. The surcharge may not
12be more than $0.75 per month per CMRS connection.
13    The Wireless Enhanced 9-1-1 Board shall report to the
14General Assembly by July 1, 2000 on implementing wireless
15non-emergency services for the purpose of public safety using
16the digits 3-1-1. The Board shall consider the delivery of
173-1-1 services in a 6 county area, including rural Cook County
18(outside of the City of Chicago), and DuPage, Lake, McHenry,
19Will, and Kane Counties, as well as counties outside of this
20area by an emergency telephone system board, a qualified
21governmental entity, or private industry. The Board, upon
22completion of all its duties required under this Act, is
24(Source: P.A. 95-698, eff. 1-1-08.)
25    (50 ILCS 751/17)



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1    (Section scheduled to be repealed on April 1, 2013)
2    Sec. 17. Wireless carrier surcharge.
3    (a) Except as provided in Section 45, each wireless carrier
4shall impose a monthly wireless carrier surcharge per CMRS
5connection that either has a telephone number within an area
6code assigned to Illinois by the North American Numbering Plan
7Administrator or has a billing address in this State. In the
8case of prepaid wireless telephone service, this surcharge
9shall be remitted based upon the address associated with the
10point of purchase, the customer billing address, or the
11location associated with the MTN for each active prepaid
12wireless telephone that has a sufficient positive balance as of
13the last day of each month, if that information is available.
14No wireless carrier shall impose the surcharge authorized by
15this Section upon any subscriber who is subject to the
16surcharge imposed by a unit of local government pursuant to
17Section 45. Prior to January 1, 2008 (the effective date of
18Public Act 95-698), the surcharge amount shall be the amount
19set by the Wireless Enhanced 9-1-1 Board. Beginning on January
201, 2008 (the effective date of Public Act 95-698), the monthly
21surcharge imposed under this Section shall be $0.73 per CMRS
22connection. The wireless carrier that provides wireless
23service to the subscriber shall collect the surcharge from the
24subscriber. For mobile telecommunications services provided on
25and after August 1, 2002, any surcharge imposed under this Act
26shall be imposed based upon the municipality or county that



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1encompasses the customer's place of primary use as defined in
2the Mobile Telecommunications Sourcing Conformity Act. The
3surcharge shall be stated as a separate item on the
4subscriber's monthly bill. The wireless carrier shall begin
5collecting the surcharge on bills issued within 90 days after
6the Wireless Enhanced 9-1-1 Board sets the monthly wireless
7surcharge. State and local taxes shall not apply to the
8wireless carrier surcharge.
9    (b) Except as provided in Section 45, a wireless carrier
10shall, within 45 days of collection, remit, either by check or
11by electronic funds transfer, to the State Treasurer the amount
12of the wireless carrier surcharge collected from each
13subscriber. Of the amounts remitted under this subsection prior
14to January 1, 2008 (the effective date of Public Act 95-698),
15and for surcharges imposed before January 1, 2008 (the
16effective date of Public Act 95-698) but remitted after January
171, 2008, the State Treasurer shall deposit one-third into the
18Wireless Carrier Reimbursement Fund and two-thirds into the
19Wireless Service Emergency Fund. For surcharges collected and
20remitted on or after the effective date of this amendatory Act
21of the 97th General Assembly January 1, 2008 (the effective
22date of Public Act 95-698), $0.73 $0.1475 per surcharge
23collected shall be deposited into the Wireless Carrier
24Reimbursement Fund, and $0.5825 per surcharge collected shall
25be deposited into the Wireless Service Emergency Fund. Of the
26amounts deposited into the Wireless Service Emergency Carrier



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1Reimbursement Fund under this subsection, $0.01 per surcharge
2collected may be distributed to the carriers to cover their
3administrative costs. Of the amounts deposited into the
4Wireless Service Emergency Fund under this subsection, $0.01
5per surcharge collected may be disbursed to the Illinois
6Commerce Commission to cover its administrative costs.
7    (c) The first such remittance by wireless carriers shall
8include the number of customers by zip code, and the 9-digit
9zip code if currently being used or later implemented by the
10carrier, that shall be the means by which the Illinois Commerce
11Commission shall determine distributions from the Wireless
12Service Emergency Fund. This information shall be updated no
13less often than every year. Wireless carriers are not required
14to remit surcharge moneys that are billed to subscribers but
15not yet collected. Any carrier that fails to provide the zip
16code information required under this subsection (c) or any
17prepaid wireless carrier that fails to provide zip code
18information based upon the addresses associated with its
19customers' points of purchase, customers' billing addresses,
20or locations associated with MTNs, as described in subsection
21(a) of this Section, shall be subject to the penalty set forth
22in subsection (f) of this Section.
23    (d) Within 90 days after August 13, 2007 (the effective
24date of Public Act 95-63), each wireless carrier must implement
25a mechanism for the collection of the surcharge imposed under
26subsection (a) of this Section from its subscribers. If a



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1wireless carrier does not implement a mechanism for the
2collection of the surcharge from its subscribers in accordance
3with this subsection (d), then the carrier is required to remit
4the surcharge for all subscribers until the carrier is deemed
5to be in compliance with this subsection (d) by the Illinois
6Commerce Commission.
7    (e) If before midnight on the last day of the third
8calendar month after the closing date of the remit period a
9wireless carrier does not remit the surcharge or any portion
10thereof required under this Section, then the surcharge or
11portion thereof shall be deemed delinquent until paid in full,
12and the Illinois Commerce Commission may impose a penalty
13against the carrier in an amount equal to the greater of:
14        (1) $25 for each month or portion of a month from the
15    time an amount becomes delinquent until the amount is paid
16    in full; or
17        (2) an amount equal to the product of 1% and the sum of
18    all delinquent amounts for each month or portion of a month
19    that the delinquent amounts remain unpaid.
20    A penalty imposed in accordance with this subsection (e)
21for a portion of a month during which the carrier provides the
22number of subscribers by zip code as required under subsection
23(c) of this Section shall be prorated for each day of that
24month during which the carrier had not provided the number of
25subscribers by zip code as required under subsection (c) of
26this Section. Any penalty imposed under this subsection (e) is



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1in addition to the amount of the delinquency and is in addition
2to any other penalty imposed under this Section.
3    (f) If, before midnight on the last day of the third
4calendar month after the closing date of the remit period, a
5wireless carrier does not provide the number of subscribers by
6zip code as required under subsection (c) of this Section, then
7the report is deemed delinquent and the Illinois Commerce
8Commission may impose a penalty against the carrier in an
9amount equal to the greater of:
10        (1) $25 for each month or portion of a month that the
11    report is delinquent; or
12        (2) an amount equal to the product of 1/2˘ and the
13    number of subscribers served by the wireless carrier.
14    A penalty imposed in accordance with this subsection (f)
15for a portion of a month during which the carrier pays the
16delinquent amount in full shall be prorated for each day of
17that month that the delinquent amount was paid in full. Any
18penalty imposed under this subsection (f) is in addition to any
19other penalty imposed under this Section.
20    (g) The Illinois Commerce Commission may enforce the
21collection of any delinquent amount and any penalty due and
22unpaid under this Section by legal action or in any other
23manner by which the collection of debts due the State of
24Illinois may be enforced under the laws of this State. The
25Executive Director of the Illinois Commerce Commission, or his
26or her designee, may excuse the payment of any penalty imposed



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1under this Section if the Executive Director, or his or her
2designee, determines that the enforcement of this penalty is
4    (h) Notwithstanding any provision of law to the contrary,
5nothing shall impair the right of wireless carriers to recover
6compliance costs for all emergency communications services
7that are not reimbursed out of the Wireless Carrier
8Reimbursement Fund directly from their customers via line-item
9charges on the customer's bill. Those compliance costs include
10all costs incurred by wireless carriers in complying with
11local, State, and federal regulatory or legislative mandates
12that require the transmission and receipt of emergency
13communications to and from the general public, including, but
14not limited to, E-911.
15    (i) The Auditor General shall conduct, on an annual basis,
16an audit of the Wireless Service Emergency Fund and the
17Wireless Carrier Reimbursement Fund for compliance with the
18requirements of this Act. The audit shall include, but not be
19limited to, the following determinations:
20        (1) Whether the Commission is maintaining detailed
21    records of all receipts and disbursements from the Wireless
22    Carrier Emergency Fund and the Wireless Carrier
23    Reimbursement Fund.
24        (2) Whether the Commission's administrative costs
25    charged to the funds are adequately documented and are
26    reasonable.



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1        (3) Whether the Commission's procedures for making
2    grants and providing reimbursements in accordance with the
3    Act are adequate.
4        (4) The status of the implementation of wireless 9-1-1
5    and E9-1-1 services in Illinois.
6    The Commission, the Department of State Police, and any
7other entity or person that may have information relevant to
8the audit shall cooperate fully and promptly with the Office of
9the Auditor General in conducting the audit. The Auditor
10General shall commence the audit as soon as possible and
11distribute the report upon completion in accordance with
12Section 3-14 of the Illinois State Auditing Act.
13(Source: P.A. 95-63, eff. 8-13-07; 95-698, eff. 1-1-08; 95-876,
14eff. 8-21-08.)
15    (50 ILCS 751/20)
16    (Section scheduled to be repealed on April 1, 2013)
17    Sec. 20. Wireless Service Emergency Fund; uses. The
18Wireless Service Emergency Fund is created as a special fund in
19the State treasury. Subject to appropriation, moneys in the
20Wireless Service Emergency Fund may only be used for grants for
21emergency telephone system boards, qualified government
22entities, or the Department of State Police. These grants may
23be used only for the design, implementation, operation,
24maintenance, or upgrade of wireless 9-1-1 or E9-1-1 emergency
25services and public safety answering points, and for no other



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2    The moneys received by the Department of State Police from
3the Wireless Service Emergency Fund, in any year, may be used
4for any costs relating to the leasing, modification, or
5maintenance of any building or facility used to house personnel
6or equipment associated with the operation of wireless 9-1-1 or
7wireless E9-1-1 emergency services, to ensure service in those
8areas where service is not otherwise provided.
9    Moneys from the Wireless Service Emergency Fund may not be
10used to pay for or recover any costs associated with public
11safety agency equipment or personnel dispatched in response to
12wireless 9-1-1 or wireless E9-1-1 emergency calls.
13    The Wireless Service Emergency Fund is not subject to
14sweeps, administrative charges or chargebacks, including but
15not limited to any fiscal or budgetary maneuver that would in
16any way transfer any funds from the Wireless Service Emergency
17Fund into any other fund of the State.
18(Source: P.A. 91-660, eff. 12-22-99.)
19    (50 ILCS 751/70 rep.)
20    Section 10. The Wireless Emergency Telephone Safety Act is
21amended by repealing Section 70.
22    Section 99. Effective date. This Act takes effect upon
23becoming law.