Full Text of SB0026 99th General Assembly
SB0026ham003 99TH GENERAL ASSEMBLY | Rep. John E. Bradley Filed: 11/9/2015
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| 1 | | AMENDMENT TO SENATE BILL 26
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 26, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Administrative Procedure Act is | 6 | | amended 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 | 10 | | any agency
finds reasonably constitutes a threat to the public | 11 | | interest, safety, or
welfare. | 12 | | (b) If any agency finds that an
emergency exists that | 13 | | requires adoption of a rule upon fewer days than
is required by | 14 | | Section 5-40 and states in writing its reasons for that
| 15 | | finding, the agency may adopt an emergency rule without prior | 16 | | notice or
hearing upon filing a notice of emergency rulemaking |
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| 1 | | with the Secretary of
State under Section 5-70. The notice | 2 | | shall include the text of the
emergency rule and shall be | 3 | | published in the Illinois Register. Consent
orders or other | 4 | | court orders adopting settlements negotiated by an agency
may | 5 | | be adopted under this Section. Subject to applicable | 6 | | constitutional or
statutory provisions, an emergency rule | 7 | | becomes effective immediately upon
filing under Section 5-65 or | 8 | | at a stated date less than 10 days
thereafter. The agency's | 9 | | finding and a statement of the specific reasons
for the finding | 10 | | shall be filed with the rule. The agency shall take
reasonable | 11 | | and appropriate measures to make emergency rules known to the
| 12 | | persons who may be affected by them. | 13 | | (c) An emergency rule may be effective for a period of not | 14 | | longer than
150 days, but the agency's authority to adopt an | 15 | | identical rule under Section
5-40 is not precluded. No | 16 | | emergency rule may be adopted more
than once in any 24 month | 17 | | period, except that this limitation on the number
of emergency | 18 | | rules that may be adopted in a 24 month period does not apply
| 19 | | to (i) emergency rules that make additions to and deletions | 20 | | from the Drug
Manual under Section 5-5.16 of the Illinois | 21 | | Public Aid Code or the
generic drug formulary under Section | 22 | | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | 23 | | emergency rules adopted by the Pollution Control
Board before | 24 | | July 1, 1997 to implement portions of the Livestock Management
| 25 | | Facilities Act, (iii) emergency rules adopted by the Illinois | 26 | | Department of Public Health under subsections (a) through (i) |
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| 1 | | of Section 2 of the Department of Public Health Act when | 2 | | necessary to protect the public's health, (iv) emergency rules | 3 | | adopted pursuant to subsection (n) of this Section, (v) | 4 | | emergency rules adopted pursuant to subsection (o) of this | 5 | | Section, or (vi) emergency rules adopted pursuant to subsection | 6 | | (c-5) of this Section. Two or more emergency rules having | 7 | | substantially the same
purpose and effect shall be deemed to be | 8 | | a single rule for purposes of this
Section. | 9 | | (c-5) To facilitate the maintenance of the program of group | 10 | | health benefits provided to annuitants, survivors, and retired | 11 | | employees under the State Employees Group Insurance Act of | 12 | | 1971, rules to alter the contributions to be paid by the State, | 13 | | annuitants, survivors, retired employees, or any combination | 14 | | of those entities, for that program of group health benefits, | 15 | | shall be adopted as emergency rules. The adoption of those | 16 | | rules shall be considered an emergency and necessary for the | 17 | | public interest, safety, and welfare. | 18 | | (d) In order to provide for the expeditious and timely | 19 | | implementation
of the State's fiscal year 1999 budget, | 20 | | emergency rules to implement any
provision of Public Act 90-587 | 21 | | or 90-588
or any other budget initiative for fiscal year 1999 | 22 | | may be adopted in
accordance with this Section by the agency | 23 | | charged with administering that
provision or initiative, | 24 | | except that the 24-month limitation on the adoption
of | 25 | | emergency rules and the provisions of Sections 5-115 and 5-125 | 26 | | do not apply
to rules adopted under this subsection (d). The |
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| 1 | | adoption of emergency rules
authorized by this subsection (d) | 2 | | shall be deemed to be necessary for the
public interest, | 3 | | safety, and welfare. | 4 | | (e) In order to provide for the expeditious and timely | 5 | | implementation
of the State's fiscal year 2000 budget, | 6 | | emergency rules to implement any
provision of Public Act 91-24 | 7 | | this amendatory Act of the 91st General Assembly
or any other | 8 | | budget initiative for fiscal year 2000 may be adopted in
| 9 | | accordance with this Section by the agency charged with | 10 | | administering that
provision or initiative, except that the | 11 | | 24-month limitation on the adoption
of emergency rules and the | 12 | | provisions of Sections 5-115 and 5-125 do not apply
to rules | 13 | | adopted under this subsection (e). The adoption of emergency | 14 | | rules
authorized by this subsection (e) shall be deemed to be | 15 | | necessary for the
public interest, safety, and welfare. | 16 | | (f) In order to provide for the expeditious and timely | 17 | | implementation
of the State's fiscal year 2001 budget, | 18 | | emergency rules to implement any
provision of Public Act 91-712 | 19 | | this amendatory Act of the 91st General Assembly
or any other | 20 | | budget initiative for fiscal year 2001 may be adopted in
| 21 | | accordance with this Section by the agency charged with | 22 | | administering that
provision or initiative, except that the | 23 | | 24-month limitation on the adoption
of emergency rules and the | 24 | | provisions of Sections 5-115 and 5-125 do not apply
to rules | 25 | | adopted under this subsection (f). The adoption of emergency | 26 | | rules
authorized by this subsection (f) shall be deemed to be |
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| 1 | | necessary for the
public interest, safety, and welfare. | 2 | | (g) In order to provide for the expeditious and timely | 3 | | implementation
of the State's fiscal year 2002 budget, | 4 | | emergency rules to implement any
provision of Public Act 92-10 | 5 | | this amendatory Act of the 92nd General Assembly
or any other | 6 | | budget initiative for fiscal year 2002 may be adopted in
| 7 | | accordance with this Section by the agency charged with | 8 | | administering that
provision or initiative, except that the | 9 | | 24-month limitation on the adoption
of emergency rules and the | 10 | | provisions of Sections 5-115 and 5-125 do not apply
to rules | 11 | | adopted under this subsection (g). The adoption of emergency | 12 | | rules
authorized by this subsection (g) shall be deemed to be | 13 | | necessary for the
public interest, safety, and welfare. | 14 | | (h) In order to provide for the expeditious and timely | 15 | | implementation
of the State's fiscal year 2003 budget, | 16 | | emergency rules to implement any
provision of Public Act 92-597 | 17 | | this amendatory Act of the 92nd General Assembly
or any other | 18 | | budget initiative for fiscal year 2003 may be adopted in
| 19 | | accordance with this Section by the agency charged with | 20 | | administering that
provision or initiative, except that the | 21 | | 24-month limitation on the adoption
of emergency rules and the | 22 | | provisions of Sections 5-115 and 5-125 do not apply
to rules | 23 | | adopted under this subsection (h). The adoption of emergency | 24 | | rules
authorized by this subsection (h) shall be deemed to be | 25 | | necessary for the
public interest, safety, and welfare. | 26 | | (i) In order to provide for the expeditious and timely |
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| 1 | | implementation
of the State's fiscal year 2004 budget, | 2 | | emergency rules to implement any
provision of Public Act 93-20 | 3 | | this amendatory Act of the 93rd General Assembly
or any other | 4 | | budget initiative for fiscal year 2004 may be adopted in
| 5 | | accordance with this Section by the agency charged with | 6 | | administering that
provision or initiative, except that the | 7 | | 24-month limitation on the adoption
of emergency rules and the | 8 | | provisions of Sections 5-115 and 5-125 do not apply
to rules | 9 | | adopted under this subsection (i). The adoption of emergency | 10 | | rules
authorized by this subsection (i) shall be deemed to be | 11 | | necessary for the
public interest, safety, and welfare. | 12 | | (j) In order to provide for the expeditious and timely | 13 | | implementation of the provisions of the State's fiscal year | 14 | | 2005 budget as provided under the Fiscal Year 2005 Budget | 15 | | Implementation (Human Services) Act, emergency rules to | 16 | | implement any provision of the Fiscal Year 2005 Budget | 17 | | Implementation (Human Services) Act may be adopted in | 18 | | accordance with this Section by the agency charged with | 19 | | administering that provision, except that the 24-month | 20 | | limitation on the adoption of emergency rules and the | 21 | | provisions of Sections 5-115 and 5-125 do not apply to rules | 22 | | adopted under this subsection (j). The Department of Public Aid | 23 | | may also adopt rules under this subsection (j) necessary to | 24 | | administer the Illinois Public Aid Code and the Children's | 25 | | Health Insurance Program Act. The adoption of emergency rules | 26 | | authorized by this subsection (j) shall be deemed to be |
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| 1 | | necessary for the public interest, safety, and welfare.
| 2 | | (k) In order to provide for the expeditious and timely | 3 | | implementation of the provisions of the State's fiscal year | 4 | | 2006 budget, emergency rules to implement any provision of | 5 | | Public Act 94-48 this amendatory Act of the 94th General | 6 | | Assembly or any other budget initiative for fiscal year 2006 | 7 | | may be adopted in accordance with this Section by the agency | 8 | | charged with administering that provision or initiative, | 9 | | except that the 24-month limitation on the adoption of | 10 | | emergency rules and the provisions of Sections 5-115 and 5-125 | 11 | | do not apply to rules adopted under this subsection (k). The | 12 | | Department of Healthcare and Family Services may also adopt | 13 | | rules under this subsection (k) necessary to administer the | 14 | | Illinois Public Aid Code, the Senior Citizens and Persons with | 15 | | Disabilities Property Tax Relief Act, the Senior Citizens and | 16 | | Disabled Persons Prescription Drug Discount Program Act (now | 17 | | the Illinois Prescription Drug Discount Program Act), and the | 18 | | Children's Health Insurance Program Act. The adoption of | 19 | | emergency rules authorized by this subsection (k) shall be | 20 | | deemed to be necessary for the public interest, safety, and | 21 | | welfare.
| 22 | | (l) In order to provide for the expeditious and timely | 23 | | implementation of the provisions of the
State's fiscal year | 24 | | 2007 budget, the Department of Healthcare and Family Services | 25 | | may adopt emergency rules during fiscal year 2007, including | 26 | | rules effective July 1, 2007, in
accordance with this |
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| 1 | | subsection to the extent necessary to administer the | 2 | | Department's responsibilities with respect to amendments to | 3 | | the State plans and Illinois waivers approved by the federal | 4 | | Centers for Medicare and Medicaid Services necessitated by the | 5 | | requirements of Title XIX and Title XXI of the federal Social | 6 | | Security Act. The adoption of emergency rules
authorized by | 7 | | this subsection (l) shall be deemed to be necessary for the | 8 | | public interest,
safety, and welfare.
| 9 | | (m) In order to provide for the expeditious and timely | 10 | | implementation of the provisions of the
State's fiscal year | 11 | | 2008 budget, the Department of Healthcare and Family Services | 12 | | may adopt emergency rules during fiscal year 2008, including | 13 | | rules effective July 1, 2008, in
accordance with this | 14 | | subsection to the extent necessary to administer the | 15 | | Department's responsibilities with respect to amendments to | 16 | | the State plans and Illinois waivers approved by the federal | 17 | | Centers for Medicare and Medicaid Services necessitated by the | 18 | | requirements of Title XIX and Title XXI of the federal Social | 19 | | Security Act. The adoption of emergency rules
authorized by | 20 | | this subsection (m) shall be deemed to be necessary for the | 21 | | public interest,
safety, and welfare.
| 22 | | (n) In order to provide for the expeditious and timely | 23 | | implementation of the provisions of the State's fiscal year | 24 | | 2010 budget, emergency rules to implement any provision of | 25 | | Public Act 96-45 this amendatory Act of the 96th General | 26 | | Assembly or any other budget initiative authorized by the 96th |
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| 1 | | General Assembly for fiscal year 2010 may be adopted in | 2 | | accordance with this Section by the agency charged with | 3 | | administering that provision or initiative. The adoption of | 4 | | emergency rules authorized by this subsection (n) shall be | 5 | | deemed to be necessary for the public interest, safety, and | 6 | | welfare. The rulemaking authority granted in this subsection | 7 | | (n) shall apply only to rules promulgated during Fiscal Year | 8 | | 2010. | 9 | | (o) In order to provide for the expeditious and timely | 10 | | implementation of the provisions of the State's fiscal year | 11 | | 2011 budget, emergency rules to implement any provision of | 12 | | Public Act 96-958 this amendatory Act of the 96th General | 13 | | Assembly or any other budget initiative authorized by the 96th | 14 | | General Assembly for fiscal year 2011 may be adopted in | 15 | | accordance with this Section by the agency charged with | 16 | | administering that provision or initiative. The adoption of | 17 | | emergency rules authorized by this subsection (o) is deemed to | 18 | | be necessary for the public interest, safety, and welfare. The | 19 | | rulemaking authority granted in this subsection (o) applies | 20 | | only to rules promulgated on or after the effective date of | 21 | | Public Act 96-958 this amendatory Act of the 96th General | 22 | | Assembly through June 30, 2011. | 23 | | (p) In order to provide for the expeditious and timely | 24 | | implementation of the provisions of Public Act 97-689, | 25 | | emergency rules to implement any provision of Public Act 97-689 | 26 | | may be adopted in accordance with this subsection (p) by the |
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| 1 | | agency charged with administering that provision or | 2 | | initiative. The 150-day limitation of the effective period of | 3 | | emergency rules does not apply to rules adopted under this | 4 | | subsection (p), and the effective period may continue through | 5 | | June 30, 2013. The 24-month limitation on the adoption of | 6 | | emergency rules does not apply to rules adopted under this | 7 | | subsection (p). The adoption of emergency rules authorized by | 8 | | this subsection (p) is deemed to be necessary for the public | 9 | | interest, safety, and welfare. | 10 | | (q) In order to provide for the expeditious and timely | 11 | | implementation of the provisions of Articles 7, 8, 9, 11, and | 12 | | 12 of Public Act 98-104 this amendatory Act of the 98th General | 13 | | Assembly , emergency rules to implement any provision of | 14 | | Articles 7, 8, 9, 11, and 12 of Public Act 98-104 this | 15 | | amendatory Act of the 98th General Assembly may be adopted in | 16 | | accordance with this subsection (q) by the agency charged with | 17 | | administering that provision or initiative. The 24-month | 18 | | limitation on the adoption of emergency rules does not apply to | 19 | | rules adopted under this subsection (q). The adoption of | 20 | | emergency rules authorized by this subsection (q) is deemed to | 21 | | be necessary for the public interest, safety, and welfare. | 22 | | (r) In order to provide for the expeditious and timely | 23 | | implementation of the provisions of Public Act 98-651 this | 24 | | amendatory Act of the 98th General Assembly , emergency rules to | 25 | | implement Public Act 98-651 this amendatory Act of the 98th | 26 | | General Assembly may be adopted in accordance with this |
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| 1 | | subsection (r) by the Department of Healthcare and Family | 2 | | Services. The 24-month limitation on the adoption of emergency | 3 | | rules does not apply to rules adopted under this subsection | 4 | | (r). The adoption of emergency rules authorized by this | 5 | | subsection (r) is deemed to be necessary for the public | 6 | | interest, safety, and welfare. | 7 | | (s) In order to provide for the expeditious and timely | 8 | | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | 9 | | the Illinois Public Aid Code, emergency rules to implement any | 10 | | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | 11 | | Public Aid Code may be adopted in accordance with this | 12 | | subsection (s) by the Department of Healthcare and Family | 13 | | Services. The rulemaking authority granted in this subsection | 14 | | (s) shall apply only to those rules adopted prior to July 1, | 15 | | 2015. Notwithstanding any other provision of this Section, any | 16 | | emergency rule adopted under this subsection (s) shall only | 17 | | apply to payments made for State fiscal year 2015. The adoption | 18 | | of emergency rules authorized by this subsection (s) is deemed | 19 | | to be necessary for the public interest, safety, and welfare. | 20 | | (t) In order to provide for the expeditious and timely | 21 | | implementation of the provisions of Article II of Public Act | 22 | | 99-6 this amendatory Act of the 99th General Assembly , | 23 | | emergency rules to implement the changes made by Article II of | 24 | | Public Act 99-6 this amendatory Act of the 99th General | 25 | | Assembly to the Emergency Telephone System Act may be adopted | 26 | | in accordance with this subsection (t) by the Department of |
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| 1 | | State Police. The rulemaking authority granted in this | 2 | | subsection (t) shall apply only to those rules adopted prior to | 3 | | July 1, 2016. The 24-month limitation on the adoption of | 4 | | emergency rules does not apply to rules adopted under this | 5 | | subsection (t). The adoption of emergency rules authorized by | 6 | | this subsection (t) is deemed to be necessary for the public | 7 | | interest, safety, and welfare. | 8 | | (u) (t) In order to provide for the expeditious and timely | 9 | | implementation of the provisions of the Burn Victims Relief | 10 | | Act, emergency rules to implement any provision of the Act may | 11 | | be adopted in accordance with this subsection (u) (t) by the | 12 | | Department of Insurance. The rulemaking authority granted in | 13 | | this subsection (u) (t) shall apply only to those rules adopted | 14 | | prior to December 31, 2015. The adoption of emergency rules | 15 | | authorized by this subsection (u) (t) is deemed to be necessary | 16 | | for the public interest, safety, and welfare. | 17 | | (v) In order to provide for the expeditious and timely | 18 | | implementation of the provisions of the Emergency Telephone | 19 | | System Act, emergency rules to implement the changes made to | 20 | | Section 10 of the Emergency Telephone System Act by this | 21 | | amendatory Act of the 99th General Assembly may be jointly | 22 | | adopted in accordance with this subsection (v) by the | 23 | | Department of State Police and the Illinois Commerce | 24 | | Commission. The rulemaking authority granted in this | 25 | | subsection (v) shall apply only to those rules adopted prior to | 26 | | July 1, 2016. The adoption of emergency rules authorized by |
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| 1 | | this subsection (v) is deemed to be necessary for the public | 2 | | interest, safety, and welfare. | 3 | | (Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; | 4 | | 98-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; | 5 | | 99-143, 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 | 7 | | Administrative Code of Illinois is amended by changing Sections | 8 | | 2605-52 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 | 12 | | 9-1-1 Administrator within the Department. Beginning January | 13 | | 1, 2016, the Office of the Statewide 9-1-1 Administrator shall | 14 | | be responsible for developing, implementing, and overseeing a | 15 | | uniform statewide 9-1-1 system for all areas of the State | 16 | | outside of municipalities having a population over 500,000. | 17 | | (b) The Governor shall appoint, with the advice and consent | 18 | | of the Senate, a Statewide 9-1-1 Administrator. The | 19 | | Administrator shall serve for a term of 2 years, and until a | 20 | | successor is appointed and qualified; except that the term of | 21 | | the first 9-1-1 Administrator appointed under this Act shall | 22 | | expire on the third Monday in January, 2017. The Administrator | 23 | | shall not hold any other remunerative public office. The | 24 | | Administrator shall receive an annual salary as set by the |
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| 1 | | Governor.
| 2 | | (c) The Department, from appropriations made to it for that | 3 | | purpose, shall make grants to 9-1-1 Authorities for the purpose | 4 | | of defraying costs associated with 9-1-1 system consolidations | 5 | | awarded by the Administrator pursuant to Section 15.4b of the | 6 | | Emergency 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 | 10 | | Act. The Department and Statewide 9-1-1 Administrator shall To | 11 | | exercise the powers and perform the duties specifically | 12 | | assigned to
the each Department under the Wireless Emergency | 13 | | Telephone System Safety Act with respect
to the development and | 14 | | improvement of emergency communications procedures and
| 15 | | facilities in such a manner as to facilitate a quick response | 16 | | to any person
calling the number "9-1-1" seeking police, fire, | 17 | | medical, or other emergency
services through a wireless carrier | 18 | | as defined in Section 10 of the Wireless
Emergency Telephone | 19 | | Safety Act . Nothing in the Wireless Emergency Telephone
System | 20 | | Safety Act shall require the Illinois State Police to provide
| 21 | | wireless 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 | 24 | | by changing Sections 2, 10, 15.3, 15.4, 15.4a, 19, 20, 30, 40, |
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| 1 | | 45, 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 | 6 | | following this
Section and preceding Section 3 have the | 7 | | meanings 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 | 12 | | context otherwise requires: | 13 | | "9-1-1 system" means the geographic area that has been | 14 | | granted an order of authority by the Commission or the | 15 | | Statewide 9-1-1 Administrator to use "9-1-1" as the primary | 16 | | emergency telephone number. | 17 | | "9-1-1 Authority" includes an Emergency Telephone System | 18 | | Board, Joint Emergency Telephone System Board, and a qualified | 19 | | governmental entity. "9-1-1 Authority" includes the Department | 20 | | of State Police only to the extent it provides 9-1-1 services | 21 | | under this Act. | 22 | | "Administrator" means the Statewide 9-1-1 Administrator. | 23 | | "Advanced service" means any telecommunications service | 24 | | with or without dynamic bandwidth allocation, including, but |
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| 1 | | not limited to, ISDN Primary Rate Interface (PRI), that, | 2 | | through the use of a DS-1, T-1, or other similar un-channelized | 3 | | or multi-channel transmission facility, is capable of | 4 | | transporting either the subscriber's inter-premises voice | 5 | | telecommunications services to the public switched network or | 6 | | the subscriber's 9-1-1 calls to the public agency. | 7 | | "ALI" or "automatic location identification" means, in an | 8 | | E9-1-1 system, the automatic display at the public safety | 9 | | answering point of the caller's telephone number, the address | 10 | | or location of the telephone, and supplementary emergency | 11 | | services information. | 12 | | "ANI" or "automatic number identification" means the | 13 | | automatic display of the 9-1-1 calling party's number on the | 14 | | PSAP monitor. | 15 | | "Automatic alarm" and "automatic alerting device" mean any | 16 | | device that will access the 9-1-1 system for emergency services | 17 | | upon activation. | 18 | | "Board" means an Emergency Telephone System Board or a | 19 | | Joint Emergency Telephone System Board created pursuant to | 20 | | Section 15.4. | 21 | | "Carrier" includes a telecommunications carrier and a | 22 | | wireless carrier. | 23 | | "Commission" means the Illinois Commerce Commission. | 24 | | "Computer aided dispatch" or "CAD" means a database | 25 | | maintained by the public safety agency or public safety | 26 | | answering 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 | 2 | | provides for the direct dispatch by a PSAP telecommunicator of | 3 | | the appropriate unit upon receipt of an emergency call and the | 4 | | decision 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 | 7 | | transmission facility" means a facility that can transmit and | 8 | | receive a bit rate of at least 1.544 megabits per second | 9 | | (Mbps). | 10 | | "Dynamic bandwidth allocation" means the ability of the | 11 | | facility or customer to drop and add channels, or adjust | 12 | | bandwidth, when needed in real time for voice or data purposes. | 13 | | "Enhanced 9-1-1" or "E9-1-1" means an emergency telephone | 14 | | system that includes dedicated network, selective routing, | 15 | | database, ALI, ANI, selective transfer, fixed transfer, and a | 16 | | call back number. | 17 | | "ETSB" means an emergency telephone system board appointed | 18 | | by the corporate authorities of any county or municipality that | 19 | | provides for the management and operation of a 9-1-1 system. | 20 | | "Hearing-impaired individual" means a person with a | 21 | | permanent hearing loss who can regularly and routinely | 22 | | communicate by telephone only through the aid of devices which | 23 | | can send and receive written messages over the telephone | 24 | | network. | 25 | | "Hosted supplemental 9-1-1 service" means a database | 26 | | service 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 | 2 | | term under Section 13-235 of the Public Utilities Act. | 3 | | "Joint ETSB" means a Joint Emergency Telephone System Board | 4 | | established by intergovernmental agreement of two or more | 5 | | municipalities or counties, or a combination thereof, to | 6 | | provide for the management and operation of a 9-1-1 system. | 7 | | "Local public agency" means any unit of local government or | 8 | | special purpose district located in whole or in part within | 9 | | this State that provides or has authority to provide | 10 | | firefighting, police, ambulance, medical, or other emergency | 11 | | services. | 12 | | "Mechanical dialer" means any device that either manually | 13 | | or remotely triggers a dialing device to access the 9-1-1 | 14 | | system. | 15 | | "Master Street Address Guide" means the computerized | 16 | | geographical database that consists of all street and address | 17 | | data within a 9-1-1 system. | 18 | | "Mobile telephone number" or "MTN" means the telephone | 19 | | number assigned to a wireless telephone at the time of initial | 20 | | activation. | 21 | | "Network connections" means the number of voice grade | 22 | | communications channels directly between a subscriber and a | 23 | | telecommunications carrier's public switched network, without | 24 | | the intervention of any other telecommunications carrier's | 25 | | switched network, which would be required to carry the | 26 | | subscriber's inter-premises traffic and which connection |
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| 1 | | either (1) is capable of providing access through the public | 2 | | switched network to a 9-1-1 Emergency Telephone System, if one | 3 | | exists, or (2) if no system exists at the time a surcharge is | 4 | | imposed under Section 15.3, that would be capable of providing | 5 | | access through the public switched network to the local 9-1-1 | 6 | | Emergency Telephone System if one existed. Where multiple voice | 7 | | grade communications channels are connected to a | 8 | | telecommunications carrier's public switched network through a | 9 | | private branch exchange (PBX) service, there shall be | 10 | | determined to be one network connection for each trunk line | 11 | | capable of transporting either the subscriber's inter-premises | 12 | | traffic to the public switched network or the subscriber's | 13 | | 9-1-1 calls to the public agency. Where multiple voice grade | 14 | | communications channels are connected to a telecommunications | 15 | | carrier's public switched network through centrex type service | 16 | | or other multiple voice grade communication channels facility , | 17 | | the number of network connections shall be equal to the number | 18 | | of PBX trunk equivalents for the subscriber's service, as | 19 | | determined by reference to any generally applicable exchange | 20 | | access service tariff filed by the subscriber's | 21 | | telecommunications carrier with the Commission. | 22 | | "Network costs" means those recurring costs that directly | 23 | | relate to the operation of the 9-1-1 network as determined by | 24 | | the Statewide 9-1-1 Administrator with the advice of the | 25 | | Statewide 9-1-1 Advisory Board, which may include, but need not | 26 | | be limited including, but not limited to, costs for interoffice |
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| 1 | | trunks, selective routing charges, transfer lines and toll | 2 | | charges for 9-1-1 services, Automatic Location Information | 3 | | (ALI) database charges, call box trunk circuit (including | 4 | | central office only and not including extensions to fire | 5 | | stations), independent local exchange carrier charges and | 6 | | non-system provider charges, carrier charges for third party | 7 | | database for on-site customer premises equipment, back-up PSAP | 8 | | trunks for non-system providers, periodic database updates as | 9 | | provided by carrier (also known as "ALI data dump"), regional | 10 | | ALI storage charges, circuits for call delivery (fiber or | 11 | | circuit connection), NG9-1-1 costs, and all associated fees, | 12 | | taxes, and surcharges on each invoice. "Network costs" shall | 13 | | not include radio circuits or toll charges that are other than | 14 | | for 9-1-1 services. | 15 | | "Next generation 9-1-1" or "NG9-1-1" means an Internet | 16 | | Protocol-based (IP-based) system comprised of managed ESInets, | 17 | | functional elements and applications, and databases that | 18 | | replicate traditional E9-1-1 features and functions and | 19 | | provide additional capabilities. "NG9-1-1" systems are | 20 | | designed to provide access to emergency services from all | 21 | | connected communications sources, and provide multimedia data | 22 | | capabilities for PSAPs and other emergency services | 23 | | organizations. | 24 | | "NG9-1-1 costs" means those recurring costs that directly | 25 | | relate to the Next Generation 9-1-1 service as determined by | 26 | | the Statewide 9-1-1 Advisory Board, including, but not limited |
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| 1 | | to, costs for Emergency System Routing Proxy (ESRP), Emergency | 2 | | Call Routing Function/Location Validation Function (ECRF/LVF), | 3 | | Spatial Information Function (SIF), the Border Control | 4 | | Function (BCF), and the Emergency Services Internet Protocol | 5 | | networks (ESInets), legacy network gateways, and all | 6 | | associated fees, taxes, and surcharges on each invoice. | 7 | | "Private branch exchange" or "PBX" means a private | 8 | | telephone system and associated equipment located on the user's | 9 | | property that provides communications between internal | 10 | | stations and external networks. | 11 | | "Private business switch service" means a | 12 | | telecommunications service including centrex type service and | 13 | | PBX service, even though key telephone systems or equivalent | 14 | | telephone systems registered with the Federal Communications | 15 | | Commission under 47 C.F.R. Part 68 are directly connected to | 16 | | centrex type and PBX systems providing 9-1-1 services equipped | 17 | | for switched local network connections or 9-1-1 system access | 18 | | to business end users through a private telephone switch. | 19 | | "Private business switch service" does not include key | 20 | | telephone systems or equivalent telephone systems registered | 21 | | with the Federal Communications Commission under 47 C.F.R. Part | 22 | | 68 when not used in conjunction with centrex type and PBX | 23 | | systems. "Private business switch service" typically includes, | 24 | | but is not limited to, private businesses, corporations, and | 25 | | industries where the telecommunications service is primarily | 26 | | for conducting business. |
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| 1 | | "Private residential switch service" means a | 2 | | telecommunications service including centrex type service and | 3 | | PBX service, even though key telephone systems or equivalent | 4 | | telephone systems registered with the Federal Communications | 5 | | Commission under 47 C.F.R. Part 68 are directly connected to | 6 | | centrex type and PBX systems providing 9-1-1 services equipped | 7 | | for switched local network connections or 9-1-1 system access | 8 | | to residential end users through a private telephone switch. | 9 | | "Private residential switch service" does not include key | 10 | | telephone systems or equivalent telephone systems registered | 11 | | with the Federal Communications Commission under 47 C.F.R. Part | 12 | | 68 when not used in conjunction with centrex type and PBX | 13 | | systems. "Private residential switch service" typically | 14 | | includes, but is not limited to, apartment complexes, | 15 | | condominiums, and campus or university environments where | 16 | | shared tenant service is provided and where the usage of the | 17 | | telecommunications service is primarily residential. | 18 | | "Public agency" means the State, and any unit of local | 19 | | government or special purpose district located in whole or in | 20 | | part within this State, that provides or has authority to | 21 | | provide firefighting, police, ambulance, medical, or other | 22 | | emergency services. | 23 | | "Public safety agency" means a functional division of a | 24 | | public agency that provides firefighting, police, medical, or | 25 | | other emergency services. For the purpose of providing wireless | 26 | | service to users of 9-1-1 emergency services, as expressly |
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| 1 | | provided for in this Act, the Department of State Police may be | 2 | | considered a public safety agency. | 3 | | "Public safety answering point" or "PSAP" means the initial | 4 | | answering location of an emergency call. | 5 | | "Qualified governmental entity" means a unit of local | 6 | | government authorized to provide 9-1-1 services pursuant to | 7 | | this Act where no emergency telephone system board exists. | 8 | | "Referral method" means a 9-1-1 service in which the PSAP | 9 | | telecommunicator provides the calling party with the telephone | 10 | | number of the appropriate public safety agency or other | 11 | | provider of emergency services. | 12 | | "Regular service" means any telecommunications service, | 13 | | other than advanced service, that is capable of transporting | 14 | | either the subscriber's inter-premises voice | 15 | | telecommunications services to the public switched network or | 16 | | the subscriber's 9-1-1 calls to the public agency. | 17 | | "Relay method" means a 9-1-1 service in which the PSAP | 18 | | telecommunicator takes the pertinent information from a caller | 19 | | and relays that information to the appropriate public safety | 20 | | agency or other provider of emergency services. | 21 | | "Remit period" means the billing period, one month in | 22 | | duration, for which a wireless carrier remits a surcharge and | 23 | | provides subscriber information by zip code to the Department, | 24 | | in accordance with Section 20 of this Act. | 25 | | "Statewide wireless emergency 9-1-1 system" means all | 26 | | areas of the State where an emergency telephone system board |
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| 1 | | or, in the absence of an emergency telephone system board, a | 2 | | qualified governmental entity, has not declared its intention | 3 | | for one or more of its public safety answering points to serve | 4 | | as a primary wireless 9-1-1 public safety answering point for | 5 | | its jurisdiction. The operator of the statewide wireless | 6 | | emergency 9-1-1 system shall be the Department of State Police. | 7 | | "System" means the communications equipment and related | 8 | | software applications required to produce a response by the | 9 | | appropriate emergency public safety agency or other provider of | 10 | | emergency services as a result of an emergency call being | 11 | | placed to 9-1-1. | 12 | | "System provider" means the contracted entity providing | 13 | | 9-1-1 network and database services. | 14 | | "Telecommunications carrier" means those entities included | 15 | | within the definition specified in Section 13-202 of the Public | 16 | | Utilities Act, and includes those carriers acting as resellers | 17 | | of telecommunications services. "Telecommunications carrier" | 18 | | includes telephone systems operating as mutual concerns. | 19 | | "Telecommunications carrier" does not include a wireless | 20 | | carrier. | 21 | | "Telecommunications technology" means equipment that can | 22 | | send and receive written messages over the telephone network. | 23 | | "Transfer method" means a 9-1-1 service in which the PSAP | 24 | | telecommunicator receiving a call transfers that call to the | 25 | | appropriate public safety agency or other provider of emergency | 26 | | services. |
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| 1 | | "Transmitting messages" shall have the meaning given to | 2 | | that term under Section 8-11-2 of the Illinois Municipal Code. | 3 | | "Trunk line" means a transmission path, or group of | 4 | | transmission paths, connecting a subscriber's PBX to a | 5 | | telecommunications carrier's public switched network. In the | 6 | | case of regular service, each voice grade communications | 7 | | channel or equivalent amount of bandwidth capable of | 8 | | transporting either the subscriber's inter-premises voice | 9 | | telecommunications services to the public switched network or | 10 | | the subscriber's 9-1-1 calls to the public agency shall be | 11 | | considered a trunk line, even if it is bundled with other | 12 | | channels or additional bandwidth. In the case of advanced | 13 | | service, each DS-1, T-1, or other similar un-channelized or | 14 | | multi-channel transmission facility that is capable of | 15 | | transporting either the subscriber's inter-premises voice | 16 | | telecommunications services to the public switched network or | 17 | | the subscriber's 9-1-1 calls to the public agency shall be | 18 | | considered a single trunk line, even if it contains multiple | 19 | | voice grade communications channels or otherwise supports 2 or | 20 | | more voice grade calls at a time; provided, however, that each | 21 | | additional increment of up to 24 voice grade channels 1.544 | 22 | | Mbps of transmission capacity that is capable of transporting | 23 | | either the subscriber's inter-premises voice | 24 | | telecommunications services to the public switched network or | 25 | | the subscriber's 9-1-1 calls to the public agency shall be | 26 | | considered an additional trunk line. |
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| 1 | | "Voice-impaired individual" means a person with a | 2 | | permanent speech disability which precludes oral | 3 | | communication, who can regularly and routinely communicate by | 4 | | telephone only through the aid of devices which can send and | 5 | | receive written messages over the telephone network. | 6 | | "Wireless carrier" means a provider of two-way cellular, | 7 | | broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial | 8 | | Mobile Radio Service (CMRS), Wireless Communications Service | 9 | | (WCS), or other Commercial Mobile Radio Service (CMRS), as | 10 | | defined by the Federal Communications Commission, offering | 11 | | radio communications that may provide fixed, mobile, radio | 12 | | location, or satellite communication services to individuals | 13 | | or businesses within its assigned spectrum block and | 14 | | geographical area or that offers real-time, two-way voice | 15 | | service that is interconnected with the public switched | 16 | | network, including a reseller of such service. | 17 | | "Wireless enhanced 9-1-1" means the ability to relay the | 18 | | telephone number of the originator of a 9-1-1 call and location | 19 | | information from any mobile handset or text telephone device | 20 | | accessing the wireless system to the designated wireless public | 21 | | safety answering point as set forth in the order of the Federal | 22 | | Communications Commission, FCC Docket No. 94-102, adopted June | 23 | | 12, 1996, with an effective date of October 1, 1996, and any | 24 | | subsequent amendment thereto. | 25 | | "Wireless public safety answering point" means the | 26 | | functional division of a 9-1-1 authority accepting wireless |
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| 1 | | 9-1-1 calls. | 2 | | "Wireless subscriber" means an individual or entity to whom | 3 | | a wireless service account or number has been assigned by a | 4 | | wireless carrier, other than an account or number associated | 5 | | with prepaid wireless telecommunication service.
| 6 | | (Source: P.A. 99-6, eff. 1-1-16.)
| 7 | | (50 ILCS 750/10) (from Ch. 134, par. 40) | 8 | | (Section scheduled to be repealed on July 1, 2017) | 9 | | Sec. 10. Uniform standards; rulemaking. | 10 | | (a) The Administrator, with the advice and recommendation | 11 | | of the Statewide 9-1-1 Advisory Board, shall establish uniform | 12 | | technical and operational standards for all 9-1-1 systems in | 13 | | Illinois. All findings, orders, decisions, rules, and | 14 | | regulations issued or promulgated by the Commission under this | 15 | | Act or any other Act establishing or conferring power on the | 16 | | Commission with respect to emergency telecommunications | 17 | | services, shall continue in force. Notwithstanding the | 18 | | provisions of this Section, where applicable, the | 19 | | Administrator shall, with the advice and recommendation of the | 20 | | Statewide 9-1-1 Advisory Board, amend the Commission's | 21 | | findings, orders, decisions, rules, and regulations to conform | 22 | | to the specific provisions of this Act as soon as practicable | 23 | | after January 1, 2016 ( the effective date of Public Act 99-6) | 24 | | this amendatory Act of the 99th General Assembly . | 25 | | (b) The Department may adopt emergency rules necessary to |
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| 1 | | implement the provisions of Public Act 99-6 this amendatory Act | 2 | | of the 99th General Assembly under subsection (t) of Section | 3 | | 5-45 of the Illinois Administrative Procedure Act. | 4 | | (c) Nothing in this Act shall deprive the Commission of any | 5 | | authority to regulate the provision by telecommunication | 6 | | carriers or 9-1-1 system providers of telecommunication or | 7 | | other services under the Public Utilities Act. | 8 | | (d) The Department and the Commission may adopt joint rules | 9 | | necessary for implementation of this Act to the extent the | 10 | | rules implicate both the regulation of 9-1-1 Authorities under | 11 | | this Act and the regulation of telecommunication carriers and | 12 | | 9-1-1 system providers under the Public Utilities Act. Joint | 13 | | emergency rules for such purpose may be adopted pursuant to | 14 | | subsection (v) of Section 5-45 of the Illinois Administrative | 15 | | Procedure Act. | 16 | | (e) Any findings, orders, or decisions of the Administrator | 17 | | under this Section shall be deemed a final administrative | 18 | | decision and shall be subject to judicial review under the | 19 | | Administrative Review Law. | 20 | | (Source: P.A. 99-6, eff. 1-1-16.)
| 21 | | (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
| 22 | | (Section scheduled to be repealed on July 1, 2017)
| 23 | | Sec. 15.3. Local non-wireless surcharge. | 24 | | (a) Except as provided in subsection (l) of this Section, | 25 | | the corporate authorities of any municipality or any
county |
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| 1 | | may, subject to the limitations of subsections (c), (d), and | 2 | | (h),
and in addition to any tax levied pursuant to the | 3 | | Simplified Municipal
Telecommunications Tax Act, impose a | 4 | | monthly surcharge on billed subscribers
of network connection | 5 | | provided by telecommunication carriers engaged in the
business | 6 | | of transmitting messages by means of electricity originating | 7 | | within
the corporate limits of the municipality or county | 8 | | imposing the surcharge at
a rate per network connection | 9 | | determined in accordance with subsection (c), however the | 10 | | monthly surcharge shall not apply to a network connection | 11 | | provided for use with pay telephone services.
Provided, | 12 | | however, that where multiple voice grade communications | 13 | | channels
are connected between the subscriber's premises and a | 14 | | public switched network
through private branch exchange (PBX) | 15 | | or centrex type service, a municipality
imposing a surcharge at | 16 | | a rate per network connection, as determined in
accordance with | 17 | | this Act, shall impose: | 18 | | (i) in a municipality with a population of 500,000 or | 19 | | less or in any county, 5 such surcharges per network
| 20 | | connection, as determined in accordance with Section 2 | 21 | | subsections (a) and (d) of
Section 2.12 of this Act, for | 22 | | both regular service and advanced service provisioned | 23 | | trunk lines; | 24 | | (ii) in a municipality with a population, prior to | 25 | | March 1, 2010, of 500,000 or more, 5 surcharges per network | 26 | | connection, as determined in accordance
with Section 2 |
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| 1 | | subsections (a) and (d) of Section 2.12 of this Act, for | 2 | | both regular service and advanced
service provisioned | 3 | | trunk lines; | 4 | | (iii) in a municipality with a population, as of March | 5 | | 1, 2010, of 500,000 or more, 5 surcharges per network | 6 | | connection, as determined in
accordance with Section 2 | 7 | | subsections (a) and (d) of Section 2.12 of this Act, for | 8 | | regular service
provisioned trunk lines, and 12 surcharges | 9 | | per network connection, as determined in accordance
with | 10 | | Section 2 subsections (a) and (d) of Section 2.12 of this | 11 | | Act, for advanced service provisioned trunk
lines, except | 12 | | where an advanced service provisioned trunk line supports | 13 | | at least 2 but fewer
than 23 simultaneous voice grade calls | 14 | | ("VGC's"), a telecommunication carrier may
elect to impose | 15 | | fewer than 12 surcharges per trunk line as provided in | 16 | | subsection (iv)
of this Section; or | 17 | | (iv) for an advanced service provisioned trunk line | 18 | | connected between the
subscriber's premises and the public | 19 | | switched network through a P.B.X., where the advanced
| 20 | | service provisioned trunk line is capable of transporting | 21 | | at least 2 but fewer than 23
simultaneous VGC's per trunk | 22 | | line, the telecommunications carrier collecting the | 23 | | surcharge
may elect to impose surcharges in accordance with | 24 | | the table provided in this Section, without limiting
any | 25 | | telecommunications carrier's obligations to otherwise keep | 26 | | and maintain records. Any
telecommunications carrier |
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| 1 | | electing to impose fewer than 12 surcharges per an advanced
| 2 | | service provisioned trunk line shall keep and maintain | 3 | | records adequately to demonstrate the
VGC capability of | 4 | | each advanced service provisioned trunk line with fewer | 5 | | than 12
surcharges imposed, provided that 12 surcharges | 6 | | shall be imposed on an advanced service
provisioned trunk | 7 | | line regardless of the VGC capability where a | 8 | | telecommunications carrier
cannot demonstrate the VGC | 9 | | capability of the advanced service provisioned trunk line.
| |
10 | | Facility | VGC's | 911 Surcharges | |
11 | | Advanced service provisioned trunk line | 18-23 | 12 | |
12 | | Advanced service provisioned trunk line | 12-17 | 10 | |
13 | | Advanced service provisioned trunk line | 2-11 | 8 |
| 14 | | Subsections (i), (ii), (iii), and (iv) are not intended to | 15 | | make any change in the meaning of this Section, but are | 16 | | intended to remove possible ambiguity, thereby confirming the | 17 | | intent of paragraph (a) as it existed prior to and following | 18 | | the effective date of this amendatory Act of the 97th General | 19 | | Assembly. | 20 | | For mobile telecommunications services, if a surcharge is | 21 | | imposed it shall be
imposed based upon the municipality or | 22 | | county that encompasses the customer's
place of primary use as | 23 | | defined in the Mobile Telecommunications Sourcing
Conformity | 24 | | Act. A municipality may enter into an intergovernmental
|
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| 1 | | agreement with any county in which it is partially located, | 2 | | when the county
has adopted an ordinance to impose a surcharge | 3 | | as provided in subsection
(c), to include that portion of the | 4 | | municipality lying outside the county
in that county's | 5 | | surcharge referendum. If the county's surcharge
referendum is | 6 | | approved, the portion of the municipality identified in the
| 7 | | intergovernmental agreement shall automatically be | 8 | | disconnected from the
county in which it lies and connected to | 9 | | the county which approved the
referendum for purposes of a | 10 | | surcharge on telecommunications carriers.
| 11 | | (b) For purposes of computing the surcharge imposed by | 12 | | subsection (a),
the network connections to which the surcharge | 13 | | shall apply shall be those
in-service network connections, | 14 | | other than those network connections
assigned to the | 15 | | municipality or county, where the service address for each
such | 16 | | network connection or connections is located within the | 17 | | corporate
limits of the municipality or county levying the | 18 | | surcharge. Except for mobile
telecommunication services, the | 19 | | "service address" shall mean the location of
the primary use of | 20 | | the network connection or connections. For mobile
| 21 | | telecommunication services, "service address" means the | 22 | | customer's place of
primary use as defined in the Mobile | 23 | | Telecommunications Sourcing Conformity
Act.
| 24 | | (c) Upon the passage of an ordinance to impose a surcharge | 25 | | under this
Section the clerk of the municipality or county | 26 | | shall certify the question
of whether the surcharge may be |
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| 1 | | imposed to the proper election authority
who shall submit the | 2 | | public question to the electors of the municipality or
county | 3 | | in accordance with the general election law; provided that such
| 4 | | question shall not be submitted at a consolidated primary | 5 | | election. The
public question shall be in substantially the | 6 | | following form:
| 7 | | -------------------------------------------------------------
| 8 | | Shall the county (or city, village
| 9 | | or incorporated town) of ..... impose YES
| 10 | | a surcharge of up to ...˘ per month per
| 11 | | network connection, which surcharge will
| 12 | | be added to the monthly bill you receive ------------------
| 13 | | for telephone or telecommunications
| 14 | | charges, for the purpose of installing
| 15 | | (or improving) a 9-1-1 Emergency NO
| 16 | | Telephone System?
| 17 | | -------------------------------------------------------------
| 18 | | If a majority of the votes cast upon the public question | 19 | | are in favor
thereof, the surcharge shall be imposed.
| 20 | | However, if a Joint Emergency Telephone System Board is to | 21 | | be created
pursuant to an intergovernmental agreement under | 22 | | Section 15.4, the
ordinance to impose the surcharge shall be | 23 | | subject to the approval of a
majority of the total number of | 24 | | votes cast upon the public question by the
electors of all of | 25 | | the municipalities or counties, or combination thereof,
that | 26 | | are parties to the intergovernmental agreement.
|
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| 1 | | The referendum requirement of this subsection (c) shall not | 2 | | apply
to any municipality with a population over 500,000 or to | 3 | | any
county in which a proposition as to whether a sophisticated | 4 | | 9-1-1 Emergency
Telephone System should be installed in the | 5 | | county, at a cost not to
exceed a specified monthly amount per | 6 | | network connection, has previously
been approved by a majority | 7 | | of the electors of the county voting on the
proposition at an | 8 | | election conducted before the effective date of this
amendatory | 9 | | Act of 1987.
| 10 | | (d) A county may not impose a surcharge, unless requested | 11 | | by a
municipality, in any incorporated area which has | 12 | | previously approved a
surcharge as provided in subsection (c) | 13 | | or in any incorporated area where
the corporate authorities of | 14 | | the municipality have previously entered into
a binding | 15 | | contract or letter of intent with a telecommunications carrier | 16 | | to
provide sophisticated 9-1-1 service through municipal | 17 | | funds.
| 18 | | (e) A municipality or county may at any time by ordinance | 19 | | change the
rate of the surcharge imposed under this Section if | 20 | | the new rate does not
exceed the rate specified in the | 21 | | referendum held pursuant to subsection (c).
| 22 | | (f) The surcharge authorized by this Section shall be | 23 | | collected from
the subscriber by the telecommunications | 24 | | carrier providing the subscriber
the network connection as a | 25 | | separately stated item on the subscriber's bill.
| 26 | | (g) The amount of surcharge collected by the |
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| 1 | | telecommunications carrier
shall be paid to the particular | 2 | | municipality or county or Joint Emergency
Telephone System | 3 | | Board not later than 30 days after the surcharge is
collected, | 4 | | net of any network or other 9-1-1 or sophisticated 9-1-1 system
| 5 | | charges then due the particular telecommunications carrier, as | 6 | | shown on an
itemized bill. The telecommunications carrier | 7 | | collecting the surcharge
shall also be entitled to deduct 3% of | 8 | | the gross amount of surcharge
collected to reimburse the | 9 | | telecommunications carrier for the expense of
accounting and | 10 | | collecting the surcharge.
| 11 | | (h) Except as expressly provided in subsection (a) of this | 12 | | Section, on or after the effective date of this amendatory Act | 13 | | of the 98th General Assembly and until July 1, 2017, a | 14 | | municipality with a population of 500,000 or more shall not | 15 | | impose a monthly surcharge per network connection in excess of | 16 | | the highest monthly surcharge imposed as of January 1, 2014 by | 17 | | any county or municipality under subsection (c) of this | 18 | | Section. On or after July 1, 2017, a
municipality with a | 19 | | population over 500,000 may not impose a
monthly surcharge in | 20 | | excess of $2.50
per network connection.
| 21 | | (i) Any municipality or county or joint emergency telephone | 22 | | system
board that has imposed a surcharge pursuant to this | 23 | | Section prior to the
effective date of this amendatory Act of | 24 | | 1990 shall hereafter impose the
surcharge in accordance with | 25 | | subsection (b) of this Section.
| 26 | | (j) The corporate authorities of any municipality or county |
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| 1 | | may issue,
in accordance with Illinois law, bonds, notes or | 2 | | other obligations secured
in whole or in part by the proceeds | 3 | | of the surcharge described in this
Section.
The State of | 4 | | Illinois pledges and agrees that it will not limit or alter
the | 5 | | rights and powers vested in municipalities and counties by this | 6 | | Section
to impose the surcharge so as to impair the terms of or | 7 | | affect the
security for bonds, notes or other obligations | 8 | | secured in whole or in part
with the proceeds of the surcharge | 9 | | described in this Section. The pledge and agreement set forth | 10 | | in this Section survive the termination of the surcharge under | 11 | | subsection (l) by virtue of the replacement of the surcharge | 12 | | monies guaranteed under Section 20; the State of Illinois | 13 | | pledges and agrees that it will not limit or alter the rights | 14 | | vested in municipalities and counties to the surcharge | 15 | | replacement funds guaranteed under Section 20 so as to impair | 16 | | the terms of or affect the security for bonds, notes or other | 17 | | obligations secured in whole or in part with the proceeds of | 18 | | the surcharge described in this Section.
| 19 | | (k) Any surcharge collected by or imposed on a | 20 | | telecommunications
carrier pursuant to this Section shall be | 21 | | held to be a special fund in
trust for the municipality, county | 22 | | or Joint Emergency Telephone Board
imposing the surcharge. | 23 | | Except for the 3% deduction provided in subsection
(g) above, | 24 | | the special fund shall not be subject to the claims of
| 25 | | creditors of the telecommunication carrier.
| 26 | | (l) On and after the effective date of this amendatory Act |
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| 1 | | of the 99th General Assembly, no county or municipality, other | 2 | | than a municipality with a population over 500,000, may impose | 3 | | a monthly surcharge under this Section in excess of the amount | 4 | | imposed by it on the effective date of this Act. Any surcharge | 5 | | imposed pursuant to this Section by a county or municipality, | 6 | | other than a municipality with a population in excess of | 7 | | 500,000, shall cease to be imposed on January 1, 2016. | 8 | | (Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)
| 9 | | (50 ILCS 750/15.4) (from Ch. 134, par. 45.4) | 10 | | (Text of Section before amendment by P.A. 99-6 ) | 11 | | (Section scheduled to be repealed on July 1, 2017) | 12 | | Sec. 15.4. Emergency Telephone System Board; powers. | 13 | | (a) The corporate authorities of any county or municipality
| 14 | | that imposes a surcharge under Section 15.3 shall establish an | 15 | | Emergency
Telephone System Board. The corporate authorities | 16 | | shall provide for the
manner of appointment and the number of | 17 | | members of the Board, provided that
the board shall consist of | 18 | | not fewer than 5 members, one of whom
must be a
public member | 19 | | who is a resident of the local exchange service territory
| 20 | | included in the 9-1-1 coverage area, one of whom (in counties | 21 | | with a
population less than 100,000) must be a member of the | 22 | | county
board, and
at least 3 of whom shall be representative of | 23 | | the 9-1-1 public safety agencies,
including but not limited to | 24 | | police departments, fire departments, emergency
medical | 25 | | services providers, and emergency services and disaster |
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| 1 | | agencies, and
appointed on the basis of their ability or | 2 | | experience. In counties with a population of more than 100,000 | 3 | | but less than 2,000,000, a member of the county board may serve | 4 | | on the Emergency Telephone System Board. Elected officials, | 5 | | including members of a county board, are
also eligible to serve | 6 | | on the board. Members of the board shall serve without
| 7 | | compensation but shall be reimbursed for their actual and | 8 | | necessary
expenses. Any 2 or more municipalities, counties, or | 9 | | combination thereof,
that impose a surcharge under Section 15.3 | 10 | | may, instead of establishing
individual boards, establish by | 11 | | intergovernmental agreement a Joint
Emergency Telephone System | 12 | | Board pursuant to this Section. The manner of
appointment of | 13 | | such a joint board shall be prescribed in the agreement. | 14 | | Upon the effective date of this amendatory Act of the 98th | 15 | | General Assembly, appointed members of the Emergency Telephone | 16 | | System Board shall serve staggered 3-year terms if: (1) the | 17 | | Board serves a county with a population of 100,000 or less; and | 18 | | (2) appointments, on the effective date of this amendatory Act | 19 | | of the 98th General Assembly, are not for a stated term. The | 20 | | corporate authorities of the county or municipality shall | 21 | | assign terms to the board members serving on the effective date | 22 | | of this amendatory Act of the 98th General Assembly in the | 23 | | following manner: (1) one-third of board members' terms shall | 24 | | expire on January 1, 2015; (2) one-third of board members' | 25 | | terms shall expire on January 1, 2016; and (3) remaining board | 26 | | members' terms shall expire on January 1, 2017. Board members |
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| 1 | | may be re-appointed upon the expiration of their terms by the | 2 | | corporate authorities of the county or municipality. | 3 | | The corporate authorities of a county or municipality may, | 4 | | by a vote of the majority of the members elected, remove an | 5 | | Emergency Telephone System Board member for misconduct, | 6 | | official misconduct, or neglect of office. | 7 | | (b) The powers and duties of the board shall be defined by | 8 | | ordinance
of the municipality or county, or by | 9 | | intergovernmental agreement in the
case of a joint board. The | 10 | | powers and duties shall include, but need not
be limited to the | 11 | | following: | 12 | | (1) Planning a 9-1-1 system. | 13 | | (2) Coordinating and supervising the implementation, | 14 | | upgrading, or
maintenance of the system, including the | 15 | | establishment of equipment
specifications and coding | 16 | | systems. | 17 | | (3) Receiving moneys
from the surcharge imposed under | 18 | | Section 15.3, and
from any other source, for deposit into | 19 | | the Emergency Telephone System Fund. | 20 | | (4) Authorizing all disbursements from the fund. | 21 | | (5) Hiring any staff necessary for the implementation | 22 | | or upgrade of the
system. | 23 | | (6) Participating in a Regional Pilot Project to | 24 | | implement next generation 9-1-1, as defined in this Act, | 25 | | subject to the conditions set forth in this Act. | 26 | | (c) All moneys
received by a board pursuant to a surcharge |
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| 1 | | imposed under
Section 15.3 shall be deposited into a separate | 2 | | interest-bearing
Emergency Telephone System Fund account. The | 3 | | treasurer of the municipality or
county that has established | 4 | | the board or, in the case of a joint board, any
municipal or | 5 | | county treasurer designated in the intergovernmental | 6 | | agreement,
shall be custodian of the fund. All interest | 7 | | accruing on the fund shall remain
in the fund. No expenditures | 8 | | may be made from such fund except upon the
direction of the | 9 | | board by resolution passed by a majority of all members of the
| 10 | | board. Expenditures may be made only to pay for the costs | 11 | | associated with the
following: | 12 | | (1) The design of the Emergency Telephone System. | 13 | | (2) The coding of an initial Master Street Address | 14 | | Guide data base, and
update and maintenance thereof. | 15 | | (3) The repayment of any moneys
advanced for the | 16 | | implementation of
the system. | 17 | | (4) The charges for Automatic Number Identification | 18 | | and Automatic
Location Identification equipment,
a | 19 | | computer aided dispatch system that records, maintains, | 20 | | and integrates
information,
mobile data transmitters | 21 | | equipped with
automatic vehicle locators, and maintenance, | 22 | | replacement and
update thereof
to increase operational | 23 | | efficiency and improve the provision of emergency
| 24 | | services. | 25 | | (5) The non-recurring charges related to installation | 26 | | of the Emergency
Telephone System and the ongoing network |
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| 1 | | charges. | 2 | | (6) The acquisition and installation, or the | 3 | | reimbursement of costs
therefor to other governmental | 4 | | bodies that have incurred those costs, of road
or street | 5 | | signs that are essential to the implementation of the | 6 | | emergency
telephone system and that are not duplicative of | 7 | | signs that are the
responsibility of the jurisdiction | 8 | | charged with maintaining road and street
signs. | 9 | | (7) Other products and services necessary for the | 10 | | implementation,
upgrade, and maintenance of the system and | 11 | | any other purpose related to the
operation of
the system, | 12 | | including costs attributable directly to the construction, | 13 | | leasing,
or maintenance of any buildings or facilities or | 14 | | costs of personnel
attributable directly to the operation | 15 | | of the system. Costs attributable
directly to the operation | 16 | | of an emergency telephone system do not include the
costs | 17 | | of public safety agency personnel who are and equipment | 18 | | that is
dispatched in response to an emergency call. | 19 | | (7.5) The purchase of real property if the purchase is | 20 | | made before March 16, 2006. | 21 | | (8) In the case of a municipality that imposes a | 22 | | surcharge under subsection (h) of Section 15.3, moneys may | 23 | | also be used for any anti-terrorism or emergency | 24 | | preparedness measures, including, but not limited to, | 25 | | preparedness planning, providing local matching funds for | 26 | | federal or State grants, personnel training, and |
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| 1 | | specialized equipment, including surveillance cameras as | 2 | | needed to deal with natural and terrorist-inspired | 3 | | emergency situations or events. | 4 | | (9) The defraying of expenses incurred in | 5 | | participation in a Regional Pilot Project to implement next | 6 | | generation 9-1-1, subject to the conditions set forth in | 7 | | this Act. | 8 | | (10) The implementation of a computer aided dispatch | 9 | | system or hosted supplemental 9-1-1 services. | 10 | | Moneys in the fund may also be transferred to a | 11 | | participating fire protection district to reimburse volunteer | 12 | | firefighters who man remote telephone switching facilities | 13 | | when dedicated 9-1-1 lines are down. | 14 | | (d) The board shall complete the data base before | 15 | | implementation of the
9-1-1 system. The error ratio of the data | 16 | | base shall not at any time
exceed 1% of the total data base. | 17 | | (Source: P.A. 97-517, eff. 8-23-11; 97-1018, eff. 8-17-12; | 18 | | 98-481, eff. 8-16-13.) | 19 | | (Text of Section after amendment by P.A. 99-6 ) | 20 | | (Section scheduled to be repealed on July 1, 2017) | 21 | | Sec. 15.4. Emergency Telephone System Board; powers. | 22 | | (a) Except as provided in subsection (e) of this Section, | 23 | | the corporate authorities of any county or municipality
may | 24 | | establish an Emergency
Telephone System Board. The corporate | 25 | | authorities shall provide for the
manner of appointment and the |
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| 1 | | number of members of the Board, provided that
the board shall | 2 | | consist of not fewer than 5 members, one of whom
must be a
| 3 | | public member who is a resident of the local exchange service | 4 | | territory
included in the 9-1-1 coverage area, one of whom (in | 5 | | counties with a
population less than 100,000) may be a member | 6 | | of the county
board, and
at least 3 of whom shall be | 7 | | representative of the 9-1-1 public safety agencies,
including | 8 | | but not limited to police departments, fire departments, | 9 | | emergency
medical services providers, and emergency services | 10 | | and disaster agencies, and
appointed on the basis of their | 11 | | ability or experience. In counties with a population of more | 12 | | than 100,000 but less than 2,000,000, a member of the county | 13 | | board may serve on the Emergency Telephone System Board. | 14 | | Elected officials, including members of a county board, are
| 15 | | also eligible to serve on the board. Members of the board shall | 16 | | serve without
compensation but shall be reimbursed for their | 17 | | actual and necessary
expenses. Any 2 or more municipalities, | 18 | | counties, or combination thereof,
may, instead of establishing
| 19 | | individual boards, establish by intergovernmental agreement a | 20 | | Joint
Emergency Telephone System Board pursuant to this | 21 | | Section. The manner of
appointment of such a joint board shall | 22 | | be prescribed in the agreement. | 23 | | Upon the effective date of this amendatory Act of the 98th | 24 | | General Assembly, appointed members of the Emergency Telephone | 25 | | System Board shall serve staggered 3-year terms if: (1) the | 26 | | Board serves a county with a population of 100,000 or less; and |
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| 1 | | (2) appointments, on the effective date of this amendatory Act | 2 | | of the 98th General Assembly, are not for a stated term. The | 3 | | corporate authorities of the county or municipality shall | 4 | | assign terms to the board members serving on the effective date | 5 | | of this amendatory Act of the 98th General Assembly in the | 6 | | following manner: (1) one-third of board members' terms shall | 7 | | expire on January 1, 2015; (2) one-third of board members' | 8 | | terms shall expire on January 1, 2016; and (3) remaining board | 9 | | members' terms shall expire on January 1, 2017. Board members | 10 | | may be re-appointed upon the expiration of their terms by the | 11 | | corporate authorities of the county or municipality. | 12 | | The corporate authorities of a county or municipality may, | 13 | | by a vote of the majority of the members elected, remove an | 14 | | Emergency Telephone System Board member for misconduct, | 15 | | official misconduct, or neglect of office. | 16 | | (b) The powers and duties of the board shall be defined by | 17 | | ordinance
of the municipality or county, or by | 18 | | intergovernmental agreement in the
case of a joint board. The | 19 | | powers and duties shall include, but need not
be limited to the | 20 | | following: | 21 | | (1) Planning a 9-1-1 system. | 22 | | (2) Coordinating and supervising the implementation, | 23 | | upgrading, or
maintenance of the system, including the | 24 | | establishment of equipment
specifications and coding | 25 | | systems. | 26 | | (3) Receiving moneys
from the surcharge imposed under |
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| 1 | | Section 15.3, or disbursed to it under Section 30, and
from | 2 | | any other source, for deposit into the Emergency Telephone | 3 | | System Fund. | 4 | | (4) Authorizing all disbursements from the fund. | 5 | | (5) Hiring any staff necessary for the implementation | 6 | | or upgrade of the
system. | 7 | | (6) (Blank). | 8 | | (c) All moneys
received by a board pursuant to a surcharge | 9 | | imposed under
Section 15.3, or disbursed to it under Section | 10 | | 30, shall be deposited into a separate interest-bearing
| 11 | | Emergency Telephone System Fund account. The treasurer of the | 12 | | municipality or
county that has established the board or, in | 13 | | the case of a joint board, any
municipal or county treasurer | 14 | | designated in the intergovernmental agreement,
shall be | 15 | | custodian of the fund. All interest accruing on the fund shall | 16 | | remain
in the fund. No expenditures may be made from such fund | 17 | | except upon the
direction of the board by resolution passed by | 18 | | a majority of all members of the
board. | 19 | | (d) The board shall complete a Master Street Address Guide | 20 | | database before implementation of the
9-1-1 system. The error | 21 | | ratio of the database shall not at any time
exceed 1% of the | 22 | | total database. | 23 | | (e) On and after January 1, 2016 and except as provided in | 24 | | subsection (f) of this Section , no municipality or county may | 25 | | create an Emergency Telephone System Board unless the board is | 26 | | a Joint Emergency Telephone System Board. The corporate |
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| 1 | | authorities of any county or municipality entering into an | 2 | | intergovernmental agreement to create or join a Joint Emergency | 3 | | Telephone System Board shall rescind the ordinance or | 4 | | ordinances creating the original Emergency Telephone System | 5 | | Board and shall eliminate the Emergency Telephone System Board, | 6 | | effective upon the creation, with regulatory approval by the | 7 | | Administrator, or joining of the Joint Emergency Telephone | 8 | | System Board. | 9 | | (f) Prior to July l, 2017, any municipality with a | 10 | | population over 175,000 that serves as its own PSAP and, as of | 11 | | January l, 2016, is a part of an Emergency Telephone System | 12 | | Board established by a county may separate from the Emergency | 13 | | Telephone System Board and enter an intergovernmental | 14 | | agreement to establish a Joint Emergency Telephone System Board | 15 | | with a county or municipality that has an existing Emergency | 16 | | Telephone System Board. The intergovernmental agreement and a | 17 | | plan modification shall be filed with the Division of 9-1-1 by | 18 | | January l, 2017, and the creation of the Joint Emergency | 19 | | Telephone System Board shall be subject to the approval of the | 20 | | Administrator. Within 60 calendar days of receiving the plan | 21 | | and agreement for the creation of the Joint Emergency Telephone | 22 | | System Board, the Statewide 9-1-1 Advisory Board shall hold at | 23 | | least one public hearing on the consolidation and provide a | 24 | | recommendation to the Administrator. Notice of the hearing | 25 | | shall be provided to each respective entity to which the plan | 26 | | applies. Within 90 calendar days of receiving the plan and |
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| 1 | | agreement for the creation of the Joint Emergency Telephone | 2 | | System Board, the Administrator shall approve the creation of | 3 | | the board if it finds that the creation is economically | 4 | | reasonable, is technically feasible, and does not create a | 5 | | substantial threat to public safety. In making his or her | 6 | | decision, the Administrator shall consider any recommendation | 7 | | from the Statewide 9-1-1 Advisory Board. If the Administrator | 8 | | does not follow the recommendation of the Board, the | 9 | | Administrator shall provide a written explanation for the | 10 | | deviation in his or her decision. The deadlines provided in | 11 | | this paragraph may be extended upon agreement between the | 12 | | Administrator and entity which submitted the plan. | 13 | | Notwithstanding the consolidation requirements of Section | 14 | | 15.4a of this Act, in the event a Joint Emergency Telephone | 15 | | System Board is not created under this subsection (f) by July | 16 | | 1, 2017, the municipality may continue to operate an | 17 | | independent PSAP within its current Emergency Telephone System | 18 | | Board. | 19 | | (Source: P.A. 98-481, eff. 8-16-13; 99-6, eff. 1-1-16.) | 20 | | (50 ILCS 750/15.4a) | 21 | | (This Section may contain text from a Public Act with a | 22 | | delayed effective date ) | 23 | | (Section scheduled to be repealed on July 1, 2017) | 24 | | Sec. 15.4a. Consolidation. | 25 | | (a) By July 1, 2017, and except as otherwise provided in |
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| 1 | | this Section, Emergency Telephone System Boards, Joint | 2 | | Emergency Telephone System Boards, qualified governmental | 3 | | entities, and PSAPs shall be consolidated as follows, subject | 4 | | to subsections (b) and (c) of this Section: | 5 | | (1) In any county with a population of at least 250,000 | 6 | | that has a single Emergency Telephone System Board, or | 7 | | qualified governmental entity and more than 2 PSAPs, shall | 8 | | reduce the number of PSAPs shall be reduced by at least 50% | 9 | | or to 2 PSAPs, whichever is greater. Nothing in this | 10 | | paragraph shall preclude consolidation resulting in one | 11 | | PSAP in the county. | 12 | | (2) In any county with a population of at least 250,000 | 13 | | that has more than one Emergency Telephone System Board, | 14 | | Joint Emergency Telephone System Board, or qualified | 15 | | governmental entity, any 9-1-1 Authority serving a | 16 | | population of less than 25,000 shall be consolidated such | 17 | | that no 9-1-1 Authority in the county serves a population | 18 | | of less than 25,000. | 19 | | (3) In any county with a population of at least 250,000 | 20 | | but less than 1,000,000 that has more than one Emergency | 21 | | Telephone System Board, Joint Emergency Telephone System | 22 | | Board, or qualified governmental entity, each 9-1-1 | 23 | | Authority shall reduce the number of PSAPs by at least 50% | 24 | | or to 2 PSAPs, whichever is greater. Nothing in this | 25 | | paragraph shall preclude consolidation of a 9-1-1 | 26 | | Authority into a Joint Emergency Telephone System Board, |
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| 1 | | and nothing in this paragraph shall preclude consolidation | 2 | | resulting in one PSAP in the county. | 3 | | (4) In any county with a population of less than | 4 | | 250,000 that has a single Emergency Telephone System Board | 5 | | or qualified governmental entity and more than 2 PSAPs, the | 6 | | 9-1-1 Authority shall reduce the number of PSAPs by at | 7 | | least 50% or to 2 PSAPs, whichever is greater. Nothing in | 8 | | this paragraph shall preclude consolidation resulting in | 9 | | one PSAP in the county. | 10 | | (5) In any county with a population of less than | 11 | | 250,000 that has more than one Emergency Telephone System | 12 | | Board, Joint Emergency Telephone System Board, or | 13 | | qualified governmental entity and more than 2 PSAPS, the | 14 | | 9-1-1 Authorities shall be consolidated into a single joint | 15 | | board, and the number of PSAPs shall be reduced by at least | 16 | | 50% or to 2 PSAPs, whichever is greater. Nothing in this | 17 | | paragraph shall preclude consolidation resulting in one | 18 | | PSAP in the county. | 19 | | (6) Any 9-1-1 Authority that does not have a PSAP | 20 | | within its jurisdiction shall be consolidated through an | 21 | | intergovernmental agreement with an existing 9-1-1 | 22 | | Authority that has a PSAP to create a Joint Emergency | 23 | | Telephone Board. | 24 | | (7) The corporate authorities of each county that has | 25 | | no 9-1-1 service as of January 1, 2016 shall provide | 26 | | enhanced 9-1-1 wireline and wireless enhanced 9-1-1 |
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| 1 | | service for that county by either (i) entering into an | 2 | | intergovernmental agreement with an existing Emergency | 3 | | Telephone System Board to create a new Joint Emergency | 4 | | Telephone System Board, or (ii) entering into an | 5 | | intergovernmental agreement with the corporate authorities | 6 | | that have created an existing Joint Emergency Telephone | 7 | | System Board. | 8 | | (b) By July 1, 2016, each county required to consolidate | 9 | | pursuant to paragraph (7) of subsection (a) of this Section and | 10 | | each 9-1-1 Authority required to consolidate pursuant to | 11 | | paragraphs (1) through (6) of subsection (a) of this Section | 12 | | shall file a plan for consolidation or a request for a waiver | 13 | | pursuant to subsection (c) of this Section with the Division of | 14 | | 9-1-1. Within 60 calendar days of receiving a consolidation | 15 | | plan, the Statewide 9-1-1 Advisory Board shall hold at least | 16 | | one public hearing on the plan and provide a recommendation to | 17 | | the Administrator. Notice of the hearing shall be provided to | 18 | | the respective entity to which the plan applies. Within 90 | 19 | | calendar days of receiving a consolidation plan, the | 20 | | Administrator shall approve the plan, approve the plan as | 21 | | modified, or grant a waiver pursuant to subsection (c) of this | 22 | | Section. In making his or her decision, the Administrator shall | 23 | | consider any recommendation from the Statewide 9-1-1 Advisory | 24 | | Board regarding the plan. If the Administrator does not follow | 25 | | the recommendation of the Board, the Administrator shall | 26 | | provide a written explanation for the deviation in his or her |
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| 1 | | decision. The deadlines provided in this subsection may be | 2 | | extended upon agreement between the Administrator and entity | 3 | | which submitted the plan. | 4 | | (c) A waiver from a consolidation required under subsection | 5 | | (a) of this Section may be granted if the Administrator finds | 6 | | that the consolidation will result in a substantial threat to | 7 | | public safety, is economically unreasonable, or is technically | 8 | | infeasible. | 9 | | (d) Any decision of the Administrator under this Section | 10 | | shall be deemed a final administrative decision and shall be | 11 | | subject to judicial review under the Administrative Review Law.
| 12 | | (e) Any county or 9-1-1 Authority not in compliance with | 13 | | this Section shall be ineligible to receive any (i) | 14 | | consolidation grant funds issued under Section 15.4b of this | 15 | | Act or (ii) monthly disbursements otherwise due under Section | 16 | | 30 of this Act until the county or 9-1-1 Authority is in | 17 | | compliance. | 18 | | (Source: P.A. 99-6, eff. 1-1-16.) | 19 | | (50 ILCS 750/19) | 20 | | (Section scheduled to be repealed on July 1, 2017) | 21 | | Sec. 19. Statewide 9-1-1 Advisory Board. | 22 | | (a) Beginning July 1, 2015, there is created the Statewide | 23 | | 9-1-1 Advisory Board within the Department of State Police. The | 24 | | Board shall consist of the following 11 voting members: | 25 | | (1) The Director of the State Police, or his or her |
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| 1 | | designee, who shall serve as chairman. | 2 | | (2) The Executive Director of the Commission, or his or | 3 | | her designee. | 4 | | (3) Nine members appointed by the Governor as follows: | 5 | | (A) one member representing the Illinois chapter | 6 | | of the National Emergency Number Association, or his or | 7 | | her designee; | 8 | | (B) one member representing the Illinois chapter | 9 | | of the Association of Public-Safety Communications | 10 | | Officials, or his or her designee; | 11 | | (C) one member representing a county 9-1-1 system | 12 | | from a county with a population of less than 50,000; | 13 | | (D) one member representing a county 9-1-1 system | 14 | | from a county with a population between 50,000 and | 15 | | 250,000; | 16 | | (E) one member representing a county 9-1-1 system | 17 | | from a county with a population of more than 250,000; | 18 | | (F) one member representing a municipality with a | 19 | | population of less than 500,000 in a county with a | 20 | | population in excess of 2,000,000; | 21 | | (G) one member representing the Illinois | 22 | | Association of Chiefs of Police; | 23 | | (H) one member representing the Illinois Sheriffs' | 24 | | Association; and | 25 | | (I) one member representing the Illinois Fire | 26 | | Chiefs Association. |
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| 1 | | The Governor shall appoint the following non-voting | 2 | | members: (i) one member representing an incumbent local | 3 | | exchange 9-1-1 system provider; (ii) one member representing a | 4 | | non-incumbent local exchange 9-1-1 system provider; (iii) one | 5 | | member representing a large wireless carrier; (iv) one member | 6 | | representing a small wireless carrier; and (v) one member | 7 | | representing the Illinois Telecommunications Association ; (vi) | 8 | | one member representing the Cable Television and | 9 | | Communications Association of Illinois; and (vii) one member | 10 | | representing the Illinois State Ambulance Association . | 11 | | (b) The Governor shall make initial appointments to the | 12 | | Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the | 13 | | voting members appointed by the Governor shall serve an initial | 14 | | term of 2 years, and the remaining voting members appointed by | 15 | | the Governor shall serve an initial term of 3 years. | 16 | | Thereafter, each appointment by the Governor shall be for a | 17 | | term of 3 years. Non-voting members shall serve for a term of 3 | 18 | | years. Vacancies shall be filled in the same manner as the | 19 | | original appointment. Persons appointed to fill a vacancy shall | 20 | | serve for the balance of the unexpired term. | 21 | | Members of the Statewide 9-1-1 Advisory Board shall serve | 22 | | without compensation. | 23 | | (c) The 9-1-1 Services Advisory Board, as constituted on | 24 | | June 1, 2015 without the legislative members, shall serve in | 25 | | the role of the Statewide 9-1-1 Advisory Board until all | 26 | | appointments of voting members have been made by the Governor |
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| 1 | | under subsection (a) of this Section. | 2 | | (d) The Statewide 9-1-1 Advisory Board shall: | 3 | | (1) advise the Department of State Police and the | 4 | | Statewide 9-1-1 Administrator on the oversight of 9-1-1 | 5 | | systems and the development and implementation of a uniform | 6 | | statewide 9-1-1 system; | 7 | | (2) make recommendations to the Governor and the | 8 | | General Assembly regarding improvements to 9-1-1 services | 9 | | throughout the State; and | 10 | | (3) exercise all other powers and duties provided in | 11 | | this Act. | 12 | | (e) The Statewide 9-1-1 Advisory Board shall submit to the | 13 | | General Assembly a report by March 1 of each year providing an | 14 | | update on the transition to a statewide 9-1-1 system and | 15 | | recommending any legislative action. | 16 | | (f) The Department of State Police shall provide | 17 | | administrative support to the Statewide 9-1-1 Advisory Board.
| 18 | | (Source: P.A. 99-6, eff. 6-29-15.) | 19 | | (50 ILCS 750/20) | 20 | | (This Section may contain text from a Public Act with a | 21 | | delayed effective date ) | 22 | | (Section scheduled to be repealed on July 1, 2017) | 23 | | Sec. 20. Statewide surcharge. | 24 | | (a) On and after January 1, 2016, and except with respect | 25 | | to those customers who are subject to surcharges as provided in |
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| 1 | | Sections 15.3 and 15.3a of this Act, a monthly surcharge shall | 2 | | be imposed on all customers of telecommunications carriers and | 3 | | wireless carriers as follows: | 4 | | (1) Each telecommunications carrier shall impose a | 5 | | monthly surcharge of $0.87 per network connection; | 6 | | provided, however, the monthly surcharge shall not apply to | 7 | | a network connection provided for use with pay telephone | 8 | | services. Where multiple voice grade communications | 9 | | channels are connected between the subscriber's premises | 10 | | and a public switched network through private branch | 11 | | exchange (PBX) , or centrex type service , or other multiple | 12 | | voice grade communication channels facility there shall be | 13 | | imposed 5 such surcharges per network connection for both | 14 | | regular service and advanced service provisioned trunk | 15 | | lines. | 16 | | (2) Each wireless carrier shall impose and collect a | 17 | | monthly surcharge of $0.87 per CMRS connection that either | 18 | | has a telephone number within an area code assigned to | 19 | | Illinois by the North American Numbering Plan | 20 | | Administrator or has a billing address in this State. | 21 | | (b) State and local taxes shall not apply to the surcharges | 22 | | imposed under this Section. | 23 | | (c) The surcharges imposed by this Section shall be stated | 24 | | as a separately stated item on subscriber bills. | 25 | | (d) The telecommunications carrier collecting the | 26 | | surcharge shall also be entitled to deduct 3% of the gross |
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| 1 | | amount of surcharge collected to reimburse the | 2 | | telecommunications carrier for the expense of accounting and | 3 | | collecting the surcharge. On and after July 1, 2022, the | 4 | | wireless carrier collecting a surcharge under this Section | 5 | | shall be entitled to deduct up to 3% of the gross amount of the | 6 | | surcharge collected to reimburse the wireless carrier for the | 7 | | expense of accounting and collecting the surcharge. | 8 | | (e) Surcharges imposed under this Section shall be | 9 | | collected by the carriers and, within 30 days of collection, | 10 | | remitted, either by check or electronic funds transfer, to the | 11 | | Department for deposit into the Statewide 9-1-1 Fund. Carriers | 12 | | are not required to remit surcharge moneys that are billed to | 13 | | subscribers but not yet collected. | 14 | | The first remittance by wireless carriers shall include the | 15 | | number of subscribers by zip code, and the 9-digit zip code if | 16 | | currently being used or later implemented by the carrier, that | 17 | | shall be the means by which the Department shall determine | 18 | | distributions from the Statewide 9-1-1 Fund. This information | 19 | | shall be updated at least once each year. Any carrier that | 20 | | fails to provide the zip code information required under this | 21 | | subsection (e) shall be subject to the penalty set forth in | 22 | | subsection (g) of this Section. | 23 | | (f) If, within 5 business days after it is due under | 24 | | subsection (e) of this Section, a carrier does not remit the | 25 | | surcharge or any portion thereof required under this Section, | 26 | | then the surcharge or portion thereof shall be deemed |
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| 1 | | delinquent until paid in full, and the Department may impose a | 2 | | penalty against the carrier in an amount equal to the greater | 3 | | of: | 4 | | (1) $25 for each month or portion of a month from the | 5 | | time an amount becomes delinquent until the amount is paid | 6 | | in full; or | 7 | | (2) an amount equal to the product of 1% and the sum of | 8 | | all delinquent amounts for each month or portion of a month | 9 | | that the delinquent amounts remain unpaid. | 10 | | A penalty imposed in accordance with this subsection (f) | 11 | | for a portion of a month during which the carrier pays the | 12 | | delinquent amount in full shall be prorated for each day of | 13 | | that month that the delinquent amount was paid in full. Any | 14 | | penalty imposed under this subsection (f) is in addition to the | 15 | | amount of the delinquency and is in addition to any other | 16 | | penalty imposed under this Section. | 17 | | (g) If, within 5 business days after it is due, a wireless | 18 | | carrier does not provide the number of subscribers by zip code | 19 | | as required under subsection (e) of this Section, then the | 20 | | report is deemed delinquent and the Department may impose a | 21 | | penalty against the carrier in an amount equal to the greater | 22 | | of: | 23 | | (1) $25 for each month or portion of a month that the | 24 | | report is delinquent; or | 25 | | (2) an amount equal to the product of $0.01 and the | 26 | | number of subscribers served by the carrier. |
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| 1 | | A penalty imposed in accordance with this subsection (g) | 2 | | for a portion of a month during which the carrier provides the | 3 | | number of subscribers by zip code as required under subsection | 4 | | (e) of this Section shall be prorated for each day of that | 5 | | month during which the carrier had not provided the number of | 6 | | subscribers by zip code as required under subsection (e) of | 7 | | this Section. Any penalty imposed under this subsection (g) is | 8 | | in addition to any other penalty imposed under this Section. | 9 | | (h) A penalty imposed and collected in accordance with | 10 | | subsection (f) or (g) of this Section shall be deposited into | 11 | | the Statewide 9-1-1 Fund for distribution according to Section | 12 | | 30 of this Act. | 13 | | (i) The Department may enforce the collection of any | 14 | | delinquent amount and any penalty due and unpaid under this | 15 | | Section by legal action or in any other manner by which the | 16 | | collection of debts due the State of Illinois may be enforced | 17 | | under the laws of this State. The Department may excuse the | 18 | | payment of any penalty imposed under this Section if the | 19 | | Administrator determines that the enforcement of this penalty | 20 | | is unjust. | 21 | | (j) Notwithstanding any provision of law to the contrary, | 22 | | nothing shall impair the right of wireless carriers to recover | 23 | | compliance costs for all emergency communications services | 24 | | that are not reimbursed out of the Wireless Carrier | 25 | | Reimbursement Fund directly from their wireless subscribers by | 26 | | line-item charges on the wireless subscriber's bill. Those |
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| 1 | | compliance costs include all costs incurred by wireless | 2 | | carriers in complying with local, State, and federal regulatory | 3 | | or legislative mandates that require the transmission and | 4 | | receipt of emergency communications to and from the general | 5 | | public, including, but not limited to, E9-1-1.
| 6 | | (Source: P.A. 99-6, eff. 1-1-16.) | 7 | | (50 ILCS 750/30) | 8 | | (This Section may contain text from a Public Act with a | 9 | | delayed effective date ) | 10 | | (Section scheduled to be repealed on July 1, 2017) | 11 | | Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement. | 12 | | (a) A special fund in the State treasury known as the | 13 | | Wireless Service Emergency Fund shall be renamed the Statewide | 14 | | 9-1-1 Fund. Any appropriations made from the Wireless Service | 15 | | Emergency Fund shall be payable from the Statewide 9-1-1 Fund. | 16 | | The Fund shall consist of the following: | 17 | | (1) 9-1-1 wireless surcharges assessed under the | 18 | | Wireless Emergency Telephone Safety Act. | 19 | | (2) 9-1-1 surcharges assessed under Section 20 of this | 20 | | Act. | 21 | | (3) Prepaid wireless 9-1-1 surcharges assessed under | 22 | | Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act. | 23 | | (4) Any appropriations, grants, or gifts made to the | 24 | | Fund. | 25 | | (5) Any income from interest, premiums, gains, or other |
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| 1 | | earnings on moneys in the Fund. | 2 | | (6) Money from any other source that is deposited in or | 3 | | transferred to the Fund. | 4 | | (b) Subject to appropriation, the Department shall | 5 | | distribute the 9-1-1 surcharges monthly as follows: | 6 | | (1) From each surcharge collected and remitted under | 7 | | Section 20 of this Act: | 8 | | (A) $0.013 shall be distributed monthly in equal | 9 | | amounts to each County Emergency Telephone System | 10 | | Board or qualified governmental entity in counties | 11 | | with a population under 100,000 according to the most | 12 | | recent census data which is authorized to serve as a | 13 | | primary wireless 9-1-1 public safety answering point | 14 | | for the county and to provide wireless 9-1-1 service as | 15 | | prescribed by subsection (b) of Section 15.6a of this | 16 | | Act, and which does provide such service. | 17 | | (B) $0.033 shall be transferred by the Comptroller | 18 | | at the direction of the Department to the Wireless | 19 | | Carrier Reimbursement Fund until June 30, 2017; from | 20 | | July 1, 2017 through June 30, 2018, $0.026 shall be | 21 | | transferred; from July 1, 2018 through June 30, 2019, | 22 | | $0.020 shall be transferred; from July 1, 2019, through | 23 | | June 30, 2020, $0.013 shall be transferred; from July | 24 | | 1, 2020 through June 30, 2021, $0.007 will be | 25 | | transferred; and after June 30, 2021, no transfer shall | 26 | | be made to the Wireless Carrier Reimbursement Fund. |
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| 1 | | (C) $0.007 shall be used to cover the Department's | 2 | | administrative costs. | 3 | | (2) After disbursements under paragraph (1) of this | 4 | | subsection (b), all remaining funds in the Statewide 9-1-1 | 5 | | Fund shall be disbursed in the following priority order: | 6 | | (A) The Department shall Fund will pay monthly to: | 7 | | (i) the 9-1-1 Authorities that imposed | 8 | | surcharges under Section 15.3 of this Act and were | 9 | | required to report to the Illinois Commerce | 10 | | Commission under Section 27 of the Wireless | 11 | | Emergency Telephone Safety Act on October 1, 2014, | 12 | | except a 9-1-1 Authority in a municipality with a | 13 | | population in excess of 500,000, an amount equal to | 14 | | the average monthly wireline and VoIP surcharge | 15 | | revenue attributable to the most recent 12-month | 16 | | period reported to the Department under that | 17 | | Section for the October 1, 2014 filing, subject to | 18 | | the power of the Department to investigate the | 19 | | amount reported and adjust the number by final | 20 | | order , which shall be subject to judicial review | 21 | | under the Administrative Review Law under Article | 22 | | X of the Public Utilities Act , so that the monthly | 23 | | amount paid under this item accurately reflects | 24 | | one-twelfth of the aggregate wireline and VoIP | 25 | | surcharge revenue properly attributable to the | 26 | | most recent 12-month period reported to the |
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| 1 | | Commission; or | 2 | | (ii) county qualified governmental entities | 3 | | that did not impose a surcharge under Section 15.3 | 4 | | as of December 31, 2015, and counties that did not | 5 | | impose a surcharge as of June 30, 2015, an amount | 6 | | equivalent to their population multiplied by .37 | 7 | | multiplied by the rate of $0.69; counties that are | 8 | | not county qualified governmental entities and | 9 | | that did not impose a surcharge as of December 31, | 10 | | 2015, shall not begin to receive the payment | 11 | | provided for in this subsection until E9-1-1 and | 12 | | wireless E9-1-1 services are provided within their | 13 | | counties; or | 14 | | (iii) counties without 9-1-1 service that had | 15 | | a surcharge in place by December 31, 2015, an | 16 | | amount equivalent to their population multiplied | 17 | | by .37 multiplied by their surcharge rate as | 18 | | established by the referendum. | 19 | | (B) All 9-1-1 network costs for systems outside of | 20 | | municipalities with a population of at least 500,000 | 21 | | shall be paid by the Department directly to the | 22 | | vendors. | 23 | | (C) All expenses incurred by the Administrator and | 24 | | the Statewide 9-1-1 Advisory Board and costs | 25 | | associated with procurement under Section 15.6b | 26 | | including requests for information and requests for |
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| 1 | | proposals. | 2 | | (D) Funds may be held in reserve by the Statewide | 3 | | 9-1-1 Advisory Board and disbursed by the Department | 4 | | for grants under Sections 15.4a, 15.4b, and for NG9-1-1 | 5 | | expenses up to $12.5 million per year in State fiscal | 6 | | years 2016 and 2017; up to $13.5 million in State | 7 | | fiscal year 2018; up to $14.4 million in State fiscal | 8 | | year 2019; up to $15.3 million in State fiscal year | 9 | | 2020; up to $16.2 million in State fiscal year 2021; up | 10 | | to $23.1 million in State fiscal year 2022; and up to | 11 | | $17.0 million per year for State fiscal year 2023 and | 12 | | each year thereafter. | 13 | | (E) All remaining funds per remit month shall be | 14 | | used to make monthly proportional grants to the | 15 | | appropriate 9-1-1 Authority currently taking wireless | 16 | | 9-1-1 based upon the United States Postal Zip Code of | 17 | | the billing addresses of subscribers of wireless | 18 | | carriers. | 19 | | (c) The moneys deposited into the Statewide 9-1-1 Fund | 20 | | under this Section shall not be subject to administrative | 21 | | charges or chargebacks unless otherwise authorized by this Act. | 22 | | (d) Whenever two or more 9-1-1 Authorities consolidate, the | 23 | | resulting Joint Emergency Telephone System Board shall be | 24 | | entitled to the monthly payments that had theretofore been made | 25 | | to each consolidating 9-1-1 Authority. Any reserves held by any | 26 | | consolidating 9-1-1 Authority shall be transferred to the |
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| 1 | | resulting Joint Emergency Telephone System Board. Whenever a | 2 | | county that has no 9-1-1 service as of January 1, 2016 enters | 3 | | into an agreement to consolidate to create or join a Joint | 4 | | Emergency Telephone System Board, the Joint Emergency | 5 | | Telephone System Board shall be entitled to the monthly | 6 | | payments that would have otherwise been paid to the county if | 7 | | it had provided 9-1-1 service.
| 8 | | (Source: P.A. 99-6, eff. 1-1-16.) | 9 | | (50 ILCS 750/40) | 10 | | (This Section may contain text from a Public Act with a | 11 | | delayed effective date ) | 12 | | (Section scheduled to be repealed on July 1, 2017) | 13 | | Sec. 40. Financial reports. | 14 | | (a) The Department shall create uniform accounting | 15 | | procedures, with such modification as may be required to give | 16 | | effect to statutory provisions applicable only to | 17 | | municipalities with a population in excess of 500,000, that any | 18 | | emergency telephone system board, qualified governmental | 19 | | entity, or unit of local government receiving surcharge money | 20 | | pursuant to Section 15.3, 15.3a, or 30 of this Act must follow. | 21 | | (b) By October 1, 2016, and every October 1 thereafter, | 22 | | each emergency telephone system board, qualified governmental | 23 | | entity, or unit of local government receiving surcharge money | 24 | | pursuant to Section 15.3, 15.3a, or 30 shall report to the | 25 | | Department audited financial statements showing total revenue |
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| 1 | | and expenditures for the previous fiscal year in a form and | 2 | | manner as prescribed by the Department. Such financial | 3 | | information shall include: | 4 | | (1) a detailed summary of revenue from all sources | 5 | | including, but not limited to, local, State, federal, and | 6 | | private revenues, and any other funds received; | 7 | | (2) operating expenses, capital expenditures, and cash | 8 | | balances; and | 9 | | (3) such other financial information that is relevant | 10 | | to the provision of 9-1-1 services as determined by the | 11 | | Department. | 12 | | The emergency telephone system board, qualified | 13 | | governmental entity, or unit of local government is responsible | 14 | | for any costs associated with auditing such financial | 15 | | statements. The Department shall post the audited financial | 16 | | statements on the Department's website. | 17 | | (c) Along with its audited financial statement, each | 18 | | emergency telephone system board, qualified governmental | 19 | | entity, or unit of local government receiving a grant under | 20 | | Section 15.4b of this Act shall include a report of the amount | 21 | | of grant moneys received and how the grant moneys were used. In | 22 | | case of a conflict between this requirement and the Grant | 23 | | Accountability and Transparency Act, or with the rules of the | 24 | | Governor's Office of Management and Budget adopted thereunder, | 25 | | that Act and those rules shall control. | 26 | | (d) If an emergency telephone system board or qualified |
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| 1 | | governmental entity that receives funds from the Statewide | 2 | | 9-1-1 Fund fails to file the 9-1-1 system financial reports as | 3 | | required under this Section, the Department shall suspend and | 4 | | withhold monthly disbursements otherwise due to the emergency | 5 | | telephone system board or qualified governmental entity under | 6 | | Section 30 of this Act until the report is filed. | 7 | | Any monthly disbursements that have been withheld for 12 | 8 | | months or more shall be forfeited by the emergency telephone | 9 | | system board or qualified governmental entity and shall be | 10 | | distributed proportionally by the Department to compliant | 11 | | emergency telephone system boards and qualified governmental | 12 | | entities that receive funds from the Statewide 9-1-1 Fund. | 13 | | Any emergency telephone system board or qualified | 14 | | governmental entity not in compliance with this Section shall | 15 | | be ineligible to receive any consolidation grant or | 16 | | infrastructure grant issued under this Act. | 17 | | (e) The Department may adopt emergency rules necessary to | 18 | | implement the provisions of this Section.
| 19 | | (f) Any findings or decisions of the Department under this | 20 | | Section shall be deemed a final administrative decision and | 21 | | shall be subject to judicial review under the Administrative | 22 | | Review Law. | 23 | | (Source: P.A. 99-6, eff. 1-1-16.) | 24 | | (50 ILCS 750/45) | 25 | | (This Section may contain text from a Public Act with a |
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| 1 | | delayed effective date ) | 2 | | (Section scheduled to be repealed on July 1, 2017) | 3 | | Sec. 45. Wireless Carrier Reimbursement Fund. | 4 | | (a) A special fund in the State treasury known as the | 5 | | Wireless Carrier Reimbursement Fund, which was created | 6 | | previously under Section 30 of the Wireless Emergency Telephone | 7 | | Safety Act, shall continue in existence without interruption | 8 | | notwithstanding the repeal of that Act. Moneys in the Wireless | 9 | | Carrier Reimbursement Fund may be used, subject to | 10 | | appropriation, only (i) to reimburse wireless carriers for all | 11 | | of their costs incurred in complying with the applicable | 12 | | provisions of Federal Communications Commission wireless | 13 | | enhanced 9-1-1 service mandates, and (ii) to pay the reasonable | 14 | | and necessary costs of the Department Illinois Commerce | 15 | | Commission in exercising its rights, duties, powers, and | 16 | | functions under this Act. This reimbursement to wireless | 17 | | carriers may include, but need not be limited to, the cost of | 18 | | designing, upgrading, purchasing, leasing, programming, | 19 | | installing, testing, and maintaining necessary data, hardware, | 20 | | and software and associated operating and administrative costs | 21 | | and overhead. | 22 | | (b) To recover costs from the Wireless Carrier | 23 | | Reimbursement Fund, the wireless carrier shall submit sworn | 24 | | invoices to the Department Illinois Commerce Commission . In no | 25 | | event may any invoice for payment be approved for (i) costs | 26 | | that are not related to compliance with the requirements |
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| 1 | | established by the wireless enhanced 9-1-1 mandates of the | 2 | | Federal Communications Commission, or (ii) costs with respect | 3 | | to any wireless enhanced 9-1-1 service that is not operable at | 4 | | the time the invoice is submitted. | 5 | | (c) If in any month the total amount of invoices submitted | 6 | | to the Department Illinois Commerce Commission and approved for | 7 | | payment exceeds the amount available in the Wireless Carrier | 8 | | Reimbursement Fund, wireless carriers that have invoices | 9 | | approved for payment shall receive a pro-rata share of the | 10 | | amount available in the Wireless Carrier Reimbursement Fund | 11 | | based on the relative amount of their approved invoices | 12 | | available that month, and the balance of the payments shall be | 13 | | carried into the following months until all of the approved | 14 | | payments are made. | 15 | | (d) A wireless carrier may not receive payment from the | 16 | | Wireless Carrier Reimbursement Fund for its costs of providing | 17 | | wireless enhanced 9-1-1 services in an area when a unit of | 18 | | local government or emergency telephone system board provides | 19 | | wireless 9-1-1 services in that area and was imposing and | 20 | | collecting a wireless carrier surcharge prior to July 1, 1998. | 21 | | (e) The Department Illinois Commerce Commission shall | 22 | | maintain detailed records of all receipts and disbursements and | 23 | | shall provide an annual accounting of all receipts and | 24 | | disbursements to the Auditor General. | 25 | | (f) The Department Illinois Commerce Commission must | 26 | | annually review the balance in the Wireless Carrier |
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| 1 | | Reimbursement Fund as of June 30 of each year and shall direct | 2 | | the Comptroller to transfer into the Statewide 9-1-1 Fund for | 3 | | distribution in accordance with subsection (b) of Section 30 of | 4 | | this Act any amount in excess of outstanding invoices as of | 5 | | June 30 of each year. | 6 | | (g) The Department Illinois Commerce Commission shall | 7 | | adopt rules to govern the reimbursement process. Any rules | 8 | | adopted by the Commission governing reimbursements from the | 9 | | Wireless Carrier Reimbursement Fund shall become the rules of | 10 | | the Department, and shall continue in effect until amended or | 11 | | repealed by the Department.
| 12 | | (Source: P.A. 99-6, eff. 1-1-16.) | 13 | | (50 ILCS 750/55) | 14 | | (This Section may contain text from a Public Act with a | 15 | | delayed effective date ) | 16 | | (Section scheduled to be repealed on July 1, 2017) | 17 | | Sec. 55. Public disclosure. Because of the highly | 18 | | competitive nature of the wireless telephone industry, public | 19 | | disclosure of information about surcharge moneys paid by | 20 | | wireless carriers could have the effect of stifling competition | 21 | | to the detriment of the public and the delivery of wireless | 22 | | 9-1-1 services. Therefore, the Illinois Commerce Commission, | 23 | | the Department of State Police, governmental agencies, and | 24 | | individuals with access to that information shall take | 25 | | appropriate steps to prevent public disclosure of this |
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| 1 | | information. Information and data supporting the amount and | 2 | | distribution of surcharge moneys collected and remitted by an | 3 | | individual wireless carrier shall be deemed exempt information | 4 | | for purposes of the Freedom of Information Act and shall not be | 5 | | publicly disclosed. The gross amount paid by all carriers shall | 6 | | not be deemed exempt and may be publicly disclosed.
| 7 | | (Source: P.A. 99-6, eff. 1-1-16.) | 8 | | (50 ILCS 750/65 new) | 9 | | Sec. 65. Home rule. | 10 | | (a) A home rule unit shall not impose a separate 9-1-1 | 11 | | surcharge on subscribers of telecommunications carriers and | 12 | | wireless carriers in addition to the 9-1-1 surcharges provided | 13 | | for under this Act. This subsection is a limitation under | 14 | | subsection (g) of Section 6 of Article VII of the Illinois | 15 | | Constitution on the powers and functions of home rule units not | 16 | | exercised or performed by the State. | 17 | | (b) A home rule unit may not regulate emergency telephone | 18 | | services or provide emergency telephone services in any way | 19 | | that conflicts with this Act and any rules adopted pursuant to | 20 | | this Act. All units of local government must comply with the | 21 | | provisions of this Act and all rules adopted pursuant to this | 22 | | Act as applicable. This Section is a denial and limitation of | 23 | | home rule powers and functions under subsection (h) of Section | 24 | | 6 of Article VII of the Illinois Constitution. |
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| 1 | | Section 95. No acceleration or delay. Where this Act makes | 2 | | changes in a statute that is represented in this Act by text | 3 | | that is not yet or no longer in effect (for example, a Section | 4 | | represented by multiple versions), the use of that text does | 5 | | not accelerate or delay the taking effect of (i) the changes | 6 | | made by this Act or (ii) provisions derived from any other | 7 | | Public Act.
| 8 | | Section 99. Effective date. This Act takes effect January | 9 | | 1, 2016, except that this Section and the changes to Section 19 | 10 | | of the Emergency Telephone System Act take effect upon becoming | 11 | | law.".
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