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
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Administrative Procedure Act is
6amended by changing Section 5-45 as follows:
 
7    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
8    Sec. 5-45. Emergency rulemaking.
9    (a) "Emergency" means the existence of any situation that
10any agency finds reasonably constitutes a threat to the public
11interest, safety, or welfare.
12    (b) If any agency finds that an emergency exists that
13requires adoption of a rule upon fewer days than is required by
14Section 5-40 and states in writing its reasons for that
15finding, the agency may adopt an emergency rule without prior
16notice or hearing upon filing a notice of emergency rulemaking

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    "Direct dispatch method" means a 9-1-1 service that
2provides for the direct dispatch by a PSAP telecommunicator of
3the appropriate unit upon receipt of an emergency call and the
4decision as to the proper action to be taken.
5    "Department" means the Department of State Police.
6    "DS-1, T-1, or similar un-channelized or multi-channel
7transmission facility" means a facility that can transmit and
8receive a bit rate of at least 1.544 megabits per second
9(Mbps).
10    "Dynamic bandwidth allocation" means the ability of the
11facility or customer to drop and add channels, or adjust
12bandwidth, when needed in real time for voice or data purposes.
13    "Enhanced 9-1-1" or "E9-1-1" means an emergency telephone
14system that includes dedicated network, selective routing,
15database, ALI, ANI, selective transfer, fixed transfer, and a
16call back number.
17    "ETSB" means an emergency telephone system board appointed
18by the corporate authorities of any county or municipality that
19provides for the management and operation of a 9-1-1 system.
20    "Hearing-impaired individual" means a person with a
21permanent hearing loss who can regularly and routinely
22communicate by telephone only through the aid of devices which
23can send and receive written messages over the telephone
24network.
25    "Hosted supplemental 9-1-1 service" means a database
26service that:

 

 

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

 

 

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1"Interconnected VoIP provider" has the meaning given to that
2term under Section 13-235 of the Public Utilities Act.
3    "Joint ETSB" means a Joint Emergency Telephone System Board
4established by intergovernmental agreement of two or more
5municipalities or counties, or a combination thereof, to
6provide for the management and operation of a 9-1-1 system.
7    "Local public agency" means any unit of local government or
8special purpose district located in whole or in part within
9this State that provides or has authority to provide
10firefighting, police, ambulance, medical, or other emergency
11services.
12    "Mechanical dialer" means any device that either manually
13or remotely triggers a dialing device to access the 9-1-1
14system.
15    "Master Street Address Guide" means the computerized
16geographical database that consists of all street and address
17data within a 9-1-1 system.
18    "Mobile telephone number" or "MTN" means the telephone
19number assigned to a wireless telephone at the time of initial
20activation.
21    "Network connections" means the number of voice grade
22communications channels directly between a subscriber and a
23telecommunications carrier's public switched network, without
24the intervention of any other telecommunications carrier's
25switched network, which would be required to carry the
26subscriber's inter-premises traffic and which connection

 

 

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

 

 

09900SB0026ham003- 21 -LRB099 02701 MLM 39650 a

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

 

 

09900SB0026ham003- 22 -LRB099 02701 MLM 39650 a

1to, costs for Emergency System Routing Proxy (ESRP), Emergency
2Call Routing Function/Location Validation Function (ECRF/LVF),
3Spatial Information Function (SIF), the Border Control
4Function (BCF), and the Emergency Services Internet Protocol
5networks (ESInets), legacy network gateways, and all
6associated fees, taxes, and surcharges on each invoice.
7    "Private branch exchange" or "PBX" means a private
8telephone system and associated equipment located on the user's
9property that provides communications between internal
10stations and external networks.
11    "Private business switch service" means a
12telecommunications service including centrex type service and
13PBX service, even though key telephone systems or equivalent
14telephone systems registered with the Federal Communications
15Commission under 47 C.F.R. Part 68 are directly connected to
16centrex type and PBX systems providing 9-1-1 services equipped
17for switched local network connections or 9-1-1 system access
18to business end users through a private telephone switch.
19    "Private business switch service" does not include key
20telephone systems or equivalent telephone systems registered
21with the Federal Communications Commission under 47 C.F.R. Part
2268 when not used in conjunction with centrex type and PBX
23systems. "Private business switch service" typically includes,
24but is not limited to, private businesses, corporations, and
25industries where the telecommunications service is primarily
26for conducting business.

 

 

09900SB0026ham003- 23 -LRB099 02701 MLM 39650 a

1    "Private residential switch service" means a
2telecommunications service including centrex type service and
3PBX service, even though key telephone systems or equivalent
4telephone systems registered with the Federal Communications
5Commission under 47 C.F.R. Part 68 are directly connected to
6centrex type and PBX systems providing 9-1-1 services equipped
7for switched local network connections or 9-1-1 system access
8to residential end users through a private telephone switch.
9"Private residential switch service" does not include key
10telephone systems or equivalent telephone systems registered
11with the Federal Communications Commission under 47 C.F.R. Part
1268 when not used in conjunction with centrex type and PBX
13systems. "Private residential switch service" typically
14includes, but is not limited to, apartment complexes,
15condominiums, and campus or university environments where
16shared tenant service is provided and where the usage of the
17telecommunications service is primarily residential.
18    "Public agency" means the State, and any unit of local
19government or special purpose district located in whole or in
20part within this State, that provides or has authority to
21provide firefighting, police, ambulance, medical, or other
22emergency services.
23    "Public safety agency" means a functional division of a
24public agency that provides firefighting, police, medical, or
25other emergency services. For the purpose of providing wireless
26service to users of 9-1-1 emergency services, as expressly

 

 

09900SB0026ham003- 24 -LRB099 02701 MLM 39650 a

1provided for in this Act, the Department of State Police may be
2considered a public safety agency.
3    "Public safety answering point" or "PSAP" means the initial
4answering location of an emergency call.
5    "Qualified governmental entity" means a unit of local
6government authorized to provide 9-1-1 services pursuant to
7this Act where no emergency telephone system board exists.
8    "Referral method" means a 9-1-1 service in which the PSAP
9telecommunicator provides the calling party with the telephone
10number of the appropriate public safety agency or other
11provider of emergency services.
12    "Regular service" means any telecommunications service,
13other than advanced service, that is capable of transporting
14either the subscriber's inter-premises voice
15telecommunications services to the public switched network or
16the subscriber's 9-1-1 calls to the public agency.
17    "Relay method" means a 9-1-1 service in which the PSAP
18telecommunicator takes the pertinent information from a caller
19and relays that information to the appropriate public safety
20agency or other provider of emergency services.
21    "Remit period" means the billing period, one month in
22duration, for which a wireless carrier remits a surcharge and
23provides subscriber information by zip code to the Department,
24in accordance with Section 20 of this Act.
25    "Statewide wireless emergency 9-1-1 system" means all
26areas of the State where an emergency telephone system board

 

 

09900SB0026ham003- 25 -LRB099 02701 MLM 39650 a

1or, in the absence of an emergency telephone system board, a
2qualified governmental entity, has not declared its intention
3for one or more of its public safety answering points to serve
4as a primary wireless 9-1-1 public safety answering point for
5its jurisdiction. The operator of the statewide wireless
6emergency 9-1-1 system shall be the Department of State Police.
7    "System" means the communications equipment and related
8software applications required to produce a response by the
9appropriate emergency public safety agency or other provider of
10emergency services as a result of an emergency call being
11placed to 9-1-1.
12    "System provider" means the contracted entity providing
139-1-1 network and database services.
14    "Telecommunications carrier" means those entities included
15within the definition specified in Section 13-202 of the Public
16Utilities Act, and includes those carriers acting as resellers
17of telecommunications services. "Telecommunications carrier"
18includes telephone systems operating as mutual concerns.
19"Telecommunications carrier" does not include a wireless
20carrier.
21    "Telecommunications technology" means equipment that can
22send and receive written messages over the telephone network.
23    "Transfer method" means a 9-1-1 service in which the PSAP
24telecommunicator receiving a call transfers that call to the
25appropriate public safety agency or other provider of emergency
26services.

 

 

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

 

 

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1    "Voice-impaired individual" means a person with a
2permanent speech disability which precludes oral
3communication, who can regularly and routinely communicate by
4telephone only through the aid of devices which can send and
5receive written messages over the telephone network.
6    "Wireless carrier" means a provider of two-way cellular,
7broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
8Mobile Radio Service (CMRS), Wireless Communications Service
9(WCS), or other Commercial Mobile Radio Service (CMRS), as
10defined by the Federal Communications Commission, offering
11radio communications that may provide fixed, mobile, radio
12location, or satellite communication services to individuals
13or businesses within its assigned spectrum block and
14geographical area or that offers real-time, two-way voice
15service that is interconnected with the public switched
16network, including a reseller of such service.
17    "Wireless enhanced 9-1-1" means the ability to relay the
18telephone number of the originator of a 9-1-1 call and location
19information from any mobile handset or text telephone device
20accessing the wireless system to the designated wireless public
21safety answering point as set forth in the order of the Federal
22Communications Commission, FCC Docket No. 94-102, adopted June
2312, 1996, with an effective date of October 1, 1996, and any
24subsequent amendment thereto.
25    "Wireless public safety answering point" means the
26functional division of a 9-1-1 authority accepting wireless

 

 

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19-1-1 calls.
2    "Wireless subscriber" means an individual or entity to whom
3a wireless service account or number has been assigned by a
4wireless carrier, other than an account or number associated
5with 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
11of the Statewide 9-1-1 Advisory Board, shall establish uniform
12technical and operational standards for all 9-1-1 systems in
13Illinois. All findings, orders, decisions, rules, and
14regulations issued or promulgated by the Commission under this
15Act or any other Act establishing or conferring power on the
16Commission with respect to emergency telecommunications
17services, shall continue in force. Notwithstanding the
18provisions of this Section, where applicable, the
19Administrator shall, with the advice and recommendation of the
20Statewide 9-1-1 Advisory Board, amend the Commission's
21findings, orders, decisions, rules, and regulations to conform
22to the specific provisions of this Act as soon as practicable
23after January 1, 2016 (the effective date of Public Act 99-6)
24this amendatory Act of the 99th General Assembly.
25    (b) The Department may adopt emergency rules necessary to

 

 

09900SB0026ham003- 29 -LRB099 02701 MLM 39650 a

1implement the provisions of Public Act 99-6 this amendatory Act
2of the 99th General Assembly under subsection (t) of Section
35-45 of the Illinois Administrative Procedure Act.
4    (c) Nothing in this Act shall deprive the Commission of any
5authority to regulate the provision by telecommunication
6carriers or 9-1-1 system providers of telecommunication or
7other services under the Public Utilities Act.
8    (d) The Department and the Commission may adopt joint rules
9necessary for implementation of this Act to the extent the
10rules implicate both the regulation of 9-1-1 Authorities under
11this Act and the regulation of telecommunication carriers and
129-1-1 system providers under the Public Utilities Act. Joint
13emergency rules for such purpose may be adopted pursuant to
14subsection (v) of Section 5-45 of the Illinois Administrative
15Procedure Act.
16    (e) Any findings, orders, or decisions of the Administrator
17under this Section shall be deemed a final administrative
18decision and shall be subject to judicial review under the
19Administrative 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,
25the corporate authorities of any municipality or any county

 

 

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1may, subject to the limitations of subsections (c), (d), and
2(h), and in addition to any tax levied pursuant to the
3Simplified Municipal Telecommunications Tax Act, impose a
4monthly surcharge on billed subscribers of network connection
5provided by telecommunication carriers engaged in the business
6of transmitting messages by means of electricity originating
7within the corporate limits of the municipality or county
8imposing the surcharge at a rate per network connection
9determined in accordance with subsection (c), however the
10monthly surcharge shall not apply to a network connection
11provided for use with pay telephone services. Provided,
12however, that where multiple voice grade communications
13channels are connected between the subscriber's premises and a
14public switched network through private branch exchange (PBX)
15or centrex type service, a municipality imposing a surcharge at
16a rate per network connection, as determined in accordance with
17this 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

 

 

09900SB0026ham003- 31 -LRB099 02701 MLM 39650 a

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

 

 

 

09900SB0026ham003- 32 -LRB099 02701 MLM 39650 a

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.
 
10Facility VGC's 911 Surcharges
11Advanced service provisioned trunk line 18-23 12
12Advanced service provisioned trunk line 12-17 10
13Advanced service provisioned trunk line 2-11 8
14    Subsections (i), (ii), (iii), and (iv) are not intended to
15make any change in the meaning of this Section, but are
16intended to remove possible ambiguity, thereby confirming the
17intent of paragraph (a) as it existed prior to and following
18the effective date of this amendatory Act of the 97th General
19Assembly.
20    For mobile telecommunications services, if a surcharge is
21imposed it shall be imposed based upon the municipality or
22county that encompasses the customer's place of primary use as
23defined in the Mobile Telecommunications Sourcing Conformity
24Act. A municipality may enter into an intergovernmental

 

 

09900SB0026ham003- 33 -LRB099 02701 MLM 39650 a

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

 

 

09900SB0026ham003- 34 -LRB099 02701 MLM 39650 a

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

 

 

09900SB0026ham003- 35 -LRB099 02701 MLM 39650 a

1    The referendum requirement of this subsection (c) shall not
2apply to any municipality with a population over 500,000 or to
3any county in which a proposition as to whether a sophisticated
49-1-1 Emergency Telephone System should be installed in the
5county, at a cost not to exceed a specified monthly amount per
6network connection, has previously been approved by a majority
7of the electors of the county voting on the proposition at an
8election conducted before the effective date of this amendatory
9Act of 1987.
10    (d) A county may not impose a surcharge, unless requested
11by a municipality, in any incorporated area which has
12previously approved a surcharge as provided in subsection (c)
13or in any incorporated area where the corporate authorities of
14the municipality have previously entered into a binding
15contract or letter of intent with a telecommunications carrier
16to provide sophisticated 9-1-1 service through municipal
17funds.
18    (e) A municipality or county may at any time by ordinance
19change the rate of the surcharge imposed under this Section if
20the new rate does not exceed the rate specified in the
21referendum held pursuant to subsection (c).
22    (f) The surcharge authorized by this Section shall be
23collected from the subscriber by the telecommunications
24carrier providing the subscriber the network connection as a
25separately stated item on the subscriber's bill.
26    (g) The amount of surcharge collected by the

 

 

09900SB0026ham003- 36 -LRB099 02701 MLM 39650 a

1telecommunications carrier shall be paid to the particular
2municipality or county or Joint Emergency Telephone System
3Board not later than 30 days after the surcharge is collected,
4net of any network or other 9-1-1 or sophisticated 9-1-1 system
5charges then due the particular telecommunications carrier, as
6shown on an itemized bill. The telecommunications carrier
7collecting the surcharge shall also be entitled to deduct 3% of
8the gross amount of surcharge collected to reimburse the
9telecommunications carrier for the expense of accounting and
10collecting the surcharge.
11    (h) Except as expressly provided in subsection (a) of this
12Section, on or after the effective date of this amendatory Act
13of the 98th General Assembly and until July 1, 2017, a
14municipality with a population of 500,000 or more shall not
15impose a monthly surcharge per network connection in excess of
16the highest monthly surcharge imposed as of January 1, 2014 by
17any county or municipality under subsection (c) of this
18Section. On or after July 1, 2017, a municipality with a
19population over 500,000 may not impose a monthly surcharge in
20excess of $2.50 per network connection.
21    (i) Any municipality or county or joint emergency telephone
22system board that has imposed a surcharge pursuant to this
23Section prior to the effective date of this amendatory Act of
241990 shall hereafter impose the surcharge in accordance with
25subsection (b) of this Section.
26    (j) The corporate authorities of any municipality or county

 

 

09900SB0026ham003- 37 -LRB099 02701 MLM 39650 a

1may issue, in accordance with Illinois law, bonds, notes or
2other obligations secured in whole or in part by the proceeds
3of the surcharge described in this Section. The State of
4Illinois pledges and agrees that it will not limit or alter the
5rights and powers vested in municipalities and counties by this
6Section to impose the surcharge so as to impair the terms of or
7affect the security for bonds, notes or other obligations
8secured in whole or in part with the proceeds of the surcharge
9described in this Section. The pledge and agreement set forth
10in this Section survive the termination of the surcharge under
11subsection (l) by virtue of the replacement of the surcharge
12monies guaranteed under Section 20; the State of Illinois
13pledges and agrees that it will not limit or alter the rights
14vested in municipalities and counties to the surcharge
15replacement funds guaranteed under Section 20 so as to impair
16the terms of or affect the security for bonds, notes or other
17obligations secured in whole or in part with the proceeds of
18the surcharge described in this Section.
19    (k) Any surcharge collected by or imposed on a
20telecommunications carrier pursuant to this Section shall be
21held to be a special fund in trust for the municipality, county
22or Joint Emergency Telephone Board imposing the surcharge.
23Except for the 3% deduction provided in subsection (g) above,
24the special fund shall not be subject to the claims of
25creditors of the telecommunication carrier.
26    (l) On and after the effective date of this amendatory Act

 

 

09900SB0026ham003- 38 -LRB099 02701 MLM 39650 a

1of the 99th General Assembly, no county or municipality, other
2than a municipality with a population over 500,000, may impose
3a monthly surcharge under this Section in excess of the amount
4imposed by it on the effective date of this Act. Any surcharge
5imposed pursuant to this Section by a county or municipality,
6other than a municipality with a population in excess of
7500,000, 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
14that imposes a surcharge under Section 15.3 shall establish an
15Emergency Telephone System Board. The corporate authorities
16shall provide for the manner of appointment and the number of
17members of the Board, provided that the board shall consist of
18not fewer than 5 members, one of whom must be a public member
19who is a resident of the local exchange service territory
20included in the 9-1-1 coverage area, one of whom (in counties
21with a population less than 100,000) must be a member of the
22county board, and at least 3 of whom shall be representative of
23the 9-1-1 public safety agencies, including but not limited to
24police departments, fire departments, emergency medical
25services providers, and emergency services and disaster

 

 

09900SB0026ham003- 39 -LRB099 02701 MLM 39650 a

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

 

 

09900SB0026ham003- 40 -LRB099 02701 MLM 39650 a

1may be re-appointed upon the expiration of their terms by the
2corporate authorities of the county or municipality.
3    The corporate authorities of a county or municipality may,
4by a vote of the majority of the members elected, remove an
5Emergency Telephone System Board member for misconduct,
6official misconduct, or neglect of office.
7    (b) The powers and duties of the board shall be defined by
8ordinance of the municipality or county, or by
9intergovernmental agreement in the case of a joint board. The
10powers and duties shall include, but need not be limited to the
11following:
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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1imposed under Section 15.3 shall be deposited into a separate
2interest-bearing Emergency Telephone System Fund account. The
3treasurer of the municipality or county that has established
4the board or, in the case of a joint board, any municipal or
5county treasurer designated in the intergovernmental
6agreement, shall be custodian of the fund. All interest
7accruing on the fund shall remain in the fund. No expenditures
8may be made from such fund except upon the direction of the
9board by resolution passed by a majority of all members of the
10board. Expenditures may be made only to pay for the costs
11associated 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
11participating fire protection district to reimburse volunteer
12firefighters who man remote telephone switching facilities
13when dedicated 9-1-1 lines are down.
14    (d) The board shall complete the data base before
15implementation of the 9-1-1 system. The error ratio of the data
16base 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;
1898-481, 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,
23the corporate authorities of any county or municipality may
24establish an Emergency Telephone System Board. The corporate
25authorities shall provide for the manner of appointment and the

 

 

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1number of members of the Board, provided that the board shall
2consist of not fewer than 5 members, one of whom must be a
3public member who is a resident of the local exchange service
4territory included in the 9-1-1 coverage area, one of whom (in
5counties with a population less than 100,000) may be a member
6of the county board, and at least 3 of whom shall be
7representative of the 9-1-1 public safety agencies, including
8but not limited to police departments, fire departments,
9emergency medical services providers, and emergency services
10and disaster agencies, and appointed on the basis of their
11ability or experience. In counties with a population of more
12than 100,000 but less than 2,000,000, a member of the county
13board may serve on the Emergency Telephone System Board.
14Elected officials, including members of a county board, are
15also eligible to serve on the board. Members of the board shall
16serve without compensation but shall be reimbursed for their
17actual and necessary expenses. Any 2 or more municipalities,
18counties, or combination thereof, may, instead of establishing
19individual boards, establish by intergovernmental agreement a
20Joint Emergency Telephone System Board pursuant to this
21Section. The manner of appointment of such a joint board shall
22be prescribed in the agreement.
23    Upon the effective date of this amendatory Act of the 98th
24General Assembly, appointed members of the Emergency Telephone
25System Board shall serve staggered 3-year terms if: (1) the
26Board 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
2of the 98th General Assembly, are not for a stated term. The
3corporate authorities of the county or municipality shall
4assign terms to the board members serving on the effective date
5of this amendatory Act of the 98th General Assembly in the
6following manner: (1) one-third of board members' terms shall
7expire on January 1, 2015; (2) one-third of board members'
8terms shall expire on January 1, 2016; and (3) remaining board
9members' terms shall expire on January 1, 2017. Board members
10may be re-appointed upon the expiration of their terms by the
11corporate authorities of the county or municipality.
12    The corporate authorities of a county or municipality may,
13by a vote of the majority of the members elected, remove an
14Emergency Telephone System Board member for misconduct,
15official misconduct, or neglect of office.
16    (b) The powers and duties of the board shall be defined by
17ordinance of the municipality or county, or by
18intergovernmental agreement in the case of a joint board. The
19powers and duties shall include, but need not be limited to the
20following:
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
9imposed under Section 15.3, or disbursed to it under Section
1030, shall be deposited into a separate interest-bearing
11Emergency Telephone System Fund account. The treasurer of the
12municipality or county that has established the board or, in
13the case of a joint board, any municipal or county treasurer
14designated in the intergovernmental agreement, shall be
15custodian of the fund. All interest accruing on the fund shall
16remain in the fund. No expenditures may be made from such fund
17except upon the direction of the board by resolution passed by
18a majority of all members of the board.
19    (d) The board shall complete a Master Street Address Guide
20database before implementation of the 9-1-1 system. The error
21ratio of the database shall not at any time exceed 1% of the
22total database.
23    (e) On and after January 1, 2016 and except as provided in
24subsection (f) of this Section, no municipality or county may
25create an Emergency Telephone System Board unless the board is
26a Joint Emergency Telephone System Board. The corporate

 

 

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1authorities of any county or municipality entering into an
2intergovernmental agreement to create or join a Joint Emergency
3Telephone System Board shall rescind the ordinance or
4ordinances creating the original Emergency Telephone System
5Board and shall eliminate the Emergency Telephone System Board,
6effective upon the creation, with regulatory approval by the
7Administrator, or joining of the Joint Emergency Telephone
8System Board.
9    (f) Prior to July l, 2017, any municipality with a
10population over 175,000 that serves as its own PSAP and, as of
11January l, 2016, is a part of an Emergency Telephone System
12Board established by a county may separate from the Emergency
13Telephone System Board and enter an intergovernmental
14agreement to establish a Joint Emergency Telephone System Board
15with a county or municipality that has an existing Emergency
16Telephone System Board. The intergovernmental agreement and a
17plan modification shall be filed with the Division of 9-1-1 by
18January l, 2017, and the creation of the Joint Emergency
19Telephone System Board shall be subject to the approval of the
20Administrator. Within 60 calendar days of receiving the plan
21and agreement for the creation of the Joint Emergency Telephone
22System Board, the Statewide 9-1-1 Advisory Board shall hold at
23least one public hearing on the consolidation and provide a
24recommendation to the Administrator. Notice of the hearing
25shall be provided to each respective entity to which the plan
26applies. Within 90 calendar days of receiving the plan and

 

 

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1agreement for the creation of the Joint Emergency Telephone
2System Board, the Administrator shall approve the creation of
3the board if it finds that the creation is economically
4reasonable, is technically feasible, and does not create a
5substantial threat to public safety. In making his or her
6decision, the Administrator shall consider any recommendation
7from the Statewide 9-1-1 Advisory Board. If the Administrator
8does not follow the recommendation of the Board, the
9Administrator shall provide a written explanation for the
10deviation in his or her decision. The deadlines provided in
11this paragraph may be extended upon agreement between the
12Administrator and entity which submitted the plan.
13    Notwithstanding the consolidation requirements of Section
1415.4a of this Act, in the event a Joint Emergency Telephone
15System Board is not created under this subsection (f) by July
161, 2017, the municipality may continue to operate an
17independent PSAP within its current Emergency Telephone System
18Board.
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
22delayed 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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1this Section, Emergency Telephone System Boards, Joint
2Emergency Telephone System Boards, qualified governmental
3entities, and PSAPs shall be consolidated as follows, subject
4to subsections (b) and (c) of this Section:
5        (1) In any county with a population of at least 250,000
6    that has a single Emergency Telephone System Board, or
7    qualified governmental entity and more than 2 PSAPs, shall
8    reduce the number of PSAPs 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
9pursuant to paragraph (7) of subsection (a) of this Section and
10each 9-1-1 Authority required to consolidate pursuant to
11paragraphs (1) through (6) of subsection (a) of this Section
12shall file a plan for consolidation or a request for a waiver
13pursuant to subsection (c) of this Section with the Division of
149-1-1. Within 60 calendar days of receiving a consolidation
15plan, the Statewide 9-1-1 Advisory Board shall hold at least
16one public hearing on the plan and provide a recommendation to
17the Administrator. Notice of the hearing shall be provided to
18the respective entity to which the plan applies. Within 90
19calendar days of receiving a consolidation plan, the
20Administrator shall approve the plan, approve the plan as
21modified, or grant a waiver pursuant to subsection (c) of this
22Section. In making his or her decision, the Administrator shall
23consider any recommendation from the Statewide 9-1-1 Advisory
24Board regarding the plan. If the Administrator does not follow
25the recommendation of the Board, the Administrator shall
26provide a written explanation for the deviation in his or her

 

 

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1decision. The deadlines provided in this subsection may be
2extended upon agreement between the Administrator and entity
3which 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
6that the consolidation will result in a substantial threat to
7public safety, is economically unreasonable, or is technically
8infeasible.
9    (d) Any decision of the Administrator under this Section
10shall be deemed a final administrative decision and shall be
11subject to judicial review under the Administrative Review Law.
12    (e) Any county or 9-1-1 Authority not in compliance with
13this Section shall be ineligible to receive any (i)
14consolidation grant funds issued under Section 15.4b of this
15Act or (ii) monthly disbursements otherwise due under Section
1630 of this Act until the county or 9-1-1 Authority is in
17compliance.
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
239-1-1 Advisory Board within the Department of State Police. The
24Board 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
2members: (i) one member representing an incumbent local
3exchange 9-1-1 system provider; (ii) one member representing a
4non-incumbent local exchange 9-1-1 system provider; (iii) one
5member representing a large wireless carrier; (iv) one member
6representing a small wireless carrier; and (v) one member
7representing the Illinois Telecommunications Association; (vi)
8one member representing the Cable Television and
9Communications Association of Illinois; and (vii) one member
10representing the Illinois State Ambulance Association.
11    (b) The Governor shall make initial appointments to the
12Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the
13voting members appointed by the Governor shall serve an initial
14term of 2 years, and the remaining voting members appointed by
15the Governor shall serve an initial term of 3 years.
16Thereafter, each appointment by the Governor shall be for a
17term of 3 years. Non-voting members shall serve for a term of 3
18years. Vacancies shall be filled in the same manner as the
19original appointment. Persons appointed to fill a vacancy shall
20serve for the balance of the unexpired term.
21    Members of the Statewide 9-1-1 Advisory Board shall serve
22without compensation.
23    (c) The 9-1-1 Services Advisory Board, as constituted on
24June 1, 2015 without the legislative members, shall serve in
25the role of the Statewide 9-1-1 Advisory Board until all
26appointments of voting members have been made by the Governor

 

 

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1under 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
13General Assembly a report by March 1 of each year providing an
14update on the transition to a statewide 9-1-1 system and
15recommending any legislative action.
16    (f) The Department of State Police shall provide
17administrative 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
21delayed 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
25to those customers who are subject to surcharges as provided in

 

 

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1Sections 15.3 and 15.3a of this Act, a monthly surcharge shall
2be imposed on all customers of telecommunications carriers and
3wireless 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
22imposed under this Section.
23    (c) The surcharges imposed by this Section shall be stated
24as a separately stated item on subscriber bills.
25    (d) The telecommunications carrier collecting the
26surcharge shall also be entitled to deduct 3% of the gross

 

 

09900SB0026ham003- 57 -LRB099 02701 MLM 39650 a

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

 

 

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1delinquent until paid in full, and the Department may impose a
2penalty against the carrier in an amount equal to the greater
3of:
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)
11for a portion of a month during which the carrier pays the
12delinquent amount in full shall be prorated for each day of
13that month that the delinquent amount was paid in full. Any
14penalty imposed under this subsection (f) is in addition to the
15amount of the delinquency and is in addition to any other
16penalty imposed under this Section.
17    (g) If, within 5 business days after it is due, a wireless
18carrier does not provide the number of subscribers by zip code
19as required under subsection (e) of this Section, then the
20report is deemed delinquent and the Department may impose a
21penalty against the carrier in an amount equal to the greater
22of:
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)
2for a portion of a month during which the carrier provides the
3number of subscribers by zip code as required under subsection
4(e) of this Section shall be prorated for each day of that
5month during which the carrier had not provided the number of
6subscribers by zip code as required under subsection (e) of
7this Section. Any penalty imposed under this subsection (g) is
8in addition to any other penalty imposed under this Section.
9    (h) A penalty imposed and collected in accordance with
10subsection (f) or (g) of this Section shall be deposited into
11the Statewide 9-1-1 Fund for distribution according to Section
1230 of this Act.
13    (i) The Department may enforce the collection of any
14delinquent amount and any penalty due and unpaid under this
15Section by legal action or in any other manner by which the
16collection of debts due the State of Illinois may be enforced
17under the laws of this State. The Department may excuse the
18payment of any penalty imposed under this Section if the
19Administrator determines that the enforcement of this penalty
20is unjust.
21    (j) Notwithstanding any provision of law to the contrary,
22nothing shall impair the right of wireless carriers to recover
23compliance costs for all emergency communications services
24that are not reimbursed out of the Wireless Carrier
25Reimbursement Fund directly from their wireless subscribers by
26line-item charges on the wireless subscriber's bill. Those

 

 

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1compliance costs include all costs incurred by wireless
2carriers in complying with local, State, and federal regulatory
3or legislative mandates that require the transmission and
4receipt of emergency communications to and from the general
5public, 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
9delayed 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
13Wireless Service Emergency Fund shall be renamed the Statewide
149-1-1 Fund. Any appropriations made from the Wireless Service
15Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
16The 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
5distribute 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
20under this Section shall not be subject to administrative
21charges or chargebacks unless otherwise authorized by this Act.
22    (d) Whenever two or more 9-1-1 Authorities consolidate, the
23resulting Joint Emergency Telephone System Board shall be
24entitled to the monthly payments that had theretofore been made
25to each consolidating 9-1-1 Authority. Any reserves held by any
26consolidating 9-1-1 Authority shall be transferred to the

 

 

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1resulting Joint Emergency Telephone System Board. Whenever a
2county that has no 9-1-1 service as of January 1, 2016 enters
3into an agreement to consolidate to create or join a Joint
4Emergency Telephone System Board, the Joint Emergency
5Telephone System Board shall be entitled to the monthly
6payments that would have otherwise been paid to the county if
7it 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
11delayed 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
15procedures, with such modification as may be required to give
16effect to statutory provisions applicable only to
17municipalities with a population in excess of 500,000, that any
18emergency telephone system board, qualified governmental
19entity, or unit of local government receiving surcharge money
20pursuant to Section 15.3, 15.3a, or 30 of this Act must follow.
21    (b) By October 1, 2016, and every October 1 thereafter,
22each emergency telephone system board, qualified governmental
23entity, or unit of local government receiving surcharge money
24pursuant to Section 15.3, 15.3a, or 30 shall report to the
25Department audited financial statements showing total revenue

 

 

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

 

 

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1governmental entity that receives funds from the Statewide
29-1-1 Fund fails to file the 9-1-1 system financial reports as
3required under this Section, the Department shall suspend and
4withhold monthly disbursements otherwise due to the emergency
5telephone system board or qualified governmental entity under
6Section 30 of this Act until the report is filed.
7    Any monthly disbursements that have been withheld for 12
8months or more shall be forfeited by the emergency telephone
9system board or qualified governmental entity and shall be
10distributed proportionally by the Department to compliant
11emergency telephone system boards and qualified governmental
12entities that receive funds from the Statewide 9-1-1 Fund.
13    Any emergency telephone system board or qualified
14governmental entity not in compliance with this Section shall
15be ineligible to receive any consolidation grant or
16infrastructure grant issued under this Act.
17    (e) The Department may adopt emergency rules necessary to
18implement the provisions of this Section.
19    (f) Any findings or decisions of the Department under this
20Section shall be deemed a final administrative decision and
21shall be subject to judicial review under the Administrative
22Review 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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1delayed 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
5Wireless Carrier Reimbursement Fund, which was created
6previously under Section 30 of the Wireless Emergency Telephone
7Safety Act, shall continue in existence without interruption
8notwithstanding the repeal of that Act. Moneys in the Wireless
9Carrier Reimbursement Fund may be used, subject to
10appropriation, only (i) to reimburse wireless carriers for all
11of their costs incurred in complying with the applicable
12provisions of Federal Communications Commission wireless
13enhanced 9-1-1 service mandates, and (ii) to pay the reasonable
14and necessary costs of the Department Illinois Commerce
15Commission in exercising its rights, duties, powers, and
16functions under this Act. This reimbursement to wireless
17carriers may include, but need not be limited to, the cost of
18designing, upgrading, purchasing, leasing, programming,
19installing, testing, and maintaining necessary data, hardware,
20and software and associated operating and administrative costs
21and overhead.
22    (b) To recover costs from the Wireless Carrier
23Reimbursement Fund, the wireless carrier shall submit sworn
24invoices to the Department Illinois Commerce Commission. In no
25event may any invoice for payment be approved for (i) costs
26that are not related to compliance with the requirements

 

 

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

 

 

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1Reimbursement Fund as of June 30 of each year and shall direct
2the Comptroller to transfer into the Statewide 9-1-1 Fund for
3distribution in accordance with subsection (b) of Section 30 of
4this Act any amount in excess of outstanding invoices as of
5June 30 of each year.
6    (g) The Department Illinois Commerce Commission shall
7adopt rules to govern the reimbursement process. Any rules
8adopted by the Commission governing reimbursements from the
9Wireless Carrier Reimbursement Fund shall become the rules of
10the Department, and shall continue in effect until amended or
11repealed 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
15delayed effective date)
16    (Section scheduled to be repealed on July 1, 2017)
17    Sec. 55. Public disclosure. Because of the highly
18competitive nature of the wireless telephone industry, public
19disclosure of information about surcharge moneys paid by
20wireless carriers could have the effect of stifling competition
21to the detriment of the public and the delivery of wireless
229-1-1 services. Therefore, the Illinois Commerce Commission,
23the Department of State Police, governmental agencies, and
24individuals with access to that information shall take
25appropriate steps to prevent public disclosure of this

 

 

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1information. Information and data supporting the amount and
2distribution of surcharge moneys collected and remitted by an
3individual wireless carrier shall be deemed exempt information
4for purposes of the Freedom of Information Act and shall not be
5publicly disclosed. The gross amount paid by all carriers shall
6not 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
11surcharge on subscribers of telecommunications carriers and
12wireless carriers in addition to the 9-1-1 surcharges provided
13for under this Act. This subsection is a limitation under
14subsection (g) of Section 6 of Article VII of the Illinois
15Constitution on the powers and functions of home rule units not
16exercised or performed by the State.
17    (b) A home rule unit may not regulate emergency telephone
18services or provide emergency telephone services in any way
19that conflicts with this Act and any rules adopted pursuant to
20this Act. All units of local government must comply with the
21provisions of this Act and all rules adopted pursuant to this
22Act as applicable. This Section is a denial and limitation of
23home rule powers and functions under subsection (h) of Section
246 of Article VII of the Illinois Constitution.
 

 

 

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1    Section 95. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.
 
8    Section 99. Effective date. This Act takes effect January
91, 2016, except that this Section and the changes to Section 19
10of the Emergency Telephone System Act take effect upon becoming
11law.".