Public Act 095-1012
 
SB2031 Enrolled LRB095 18885 HLH 45029 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Emergency Telephone System Act is amended by
changing Sections 15.3 and 15.4 as follows:
 
    (50 ILCS 750/15.3)  (from Ch. 134, par. 45.3)
    Sec. 15.3. Surcharge.
    (a) The corporate authorities of any municipality or any
county may, subject to the limitations of subsections (c), (d),
and (h), and in addition to any tax levied pursuant to the
Simplified Municipal Telecommunications Tax Act, impose a
monthly surcharge on billed subscribers of network connection
provided by telecommunication carriers engaged in the business
of transmitting messages by means of electricity originating
within the corporate limits of the municipality or county
imposing the surcharge at a rate per network connection
determined in accordance with subsection (c), however the
monthly surcharge shall not apply to a network connection
provided for use with pay telephone services. Provided,
however, that where multiple voice grade communications
channels are connected between the subscriber's premises and a
public switched network through private branch exchange (PBX)
or centrex type service, a municipality imposing a surcharge at
a rate per network connection, as determined in accordance with
this Act, shall impose 5 such surcharges per network
connection, as determined in accordance with subsections (a)
and (d) of Section 2.12 of this Act. For mobile
telecommunications services, if a surcharge is imposed it shall
be imposed based upon the municipality or county that
encompasses the customer's place of primary use as defined in
the Mobile Telecommunications Sourcing Conformity Act. A
municipality may enter into an intergovernmental agreement
with any county in which it is partially located, when the
county has adopted an ordinance to impose a surcharge as
provided in subsection (c), to include that portion of the
municipality lying outside the county in that county's
surcharge referendum. If the county's surcharge referendum is
approved, the portion of the municipality identified in the
intergovernmental agreement shall automatically be
disconnected from the county in which it lies and connected to
the county which approved the referendum for purposes of a
surcharge on telecommunications carriers.
    (b) For purposes of computing the surcharge imposed by
subsection (a), the network connections to which the surcharge
shall apply shall be those in-service network connections,
other than those network connections assigned to the
municipality or county, where the service address for each such
network connection or connections is located within the
corporate limits of the municipality or county levying the
surcharge. Except for mobile telecommunication services, the
"service address" shall mean the location of the primary use of
the network connection or connections. For mobile
telecommunication services, "service address" means the
customer's place of primary use as defined in the Mobile
Telecommunications Sourcing Conformity Act. With respect to
network connections provided for use with pay telephone
services for which there is no billed subscriber, the
telecommunications carrier providing the network connection
shall be deemed to be its own billed subscriber for purposes of
applying the surcharge.
    (c) Upon the passage of an ordinance to impose a surcharge
under this Section the clerk of the municipality or county
shall certify the question of whether the surcharge may be
imposed to the proper election authority who shall submit the
public question to the electors of the municipality or county
in accordance with the general election law; provided that such
question shall not be submitted at a consolidated primary
election. The public question shall be in substantially the
following form:
-------------------------------------------------------------
    Shall the county (or city, village
or incorporated town) of ..... impose          YES
a surcharge of up to ... per month per
network connection, which surcharge will
be added to the monthly bill you receive   ------------------
for telephone or telecommunications
charges, for the purpose of installing
(or improving) a 9-1-1 Emergency               NO
Telephone System?
-------------------------------------------------------------
    If a majority of the votes cast upon the public question
are in favor thereof, the surcharge shall be imposed.
    However, if a Joint Emergency Telephone System Board is to
be created pursuant to an intergovernmental agreement under
Section 15.4, the ordinance to impose the surcharge shall be
subject to the approval of a majority of the total number of
votes cast upon the public question by the electors of all of
the municipalities or counties, or combination thereof, that
are parties to the intergovernmental agreement.
    The referendum requirement of this subsection (c) shall not
apply to any municipality with a population over 500,000 or to
any county in which a proposition as to whether a sophisticated
9-1-1 Emergency Telephone System should be installed in the
county, at a cost not to exceed a specified monthly amount per
network connection, has previously been approved by a majority
of the electors of the county voting on the proposition at an
election conducted before the effective date of this amendatory
Act of 1987.
    (d) A county may not impose a surcharge, unless requested
by a municipality, in any incorporated area which has
previously approved a surcharge as provided in subsection (c)
or in any incorporated area where the corporate authorities of
the municipality have previously entered into a binding
contract or letter of intent with a telecommunications carrier
to provide sophisticated 9-1-1 service through municipal
funds.
    (e) A municipality or county may at any time by ordinance
change the rate of the surcharge imposed under this Section if
the new rate does not exceed the rate specified in the
referendum held pursuant to subsection (c).
    (f) The surcharge authorized by this Section shall be
collected from the subscriber by the telecommunications
carrier providing the subscriber the network connection as a
separately stated item on the subscriber's bill.
    (g) The amount of surcharge collected by the
telecommunications carrier shall be paid to the particular
municipality or county or Joint Emergency Telephone System
Board not later than 30 days after the surcharge is collected,
net of any network or other 9-1-1 or sophisticated 9-1-1 system
charges then due the particular telecommunications carrier, as
shown on an itemized bill. The telecommunications carrier
collecting the surcharge shall also be entitled to deduct 3% of
the gross amount of surcharge collected to reimburse the
telecommunications carrier for the expense of accounting and
collecting the surcharge.
    (h) Except as expressly provided in subsection (a) of this
Section, a municipality with a population over 500,000 may not
impose a monthly surcharge in excess of $2.50 per network
connection.
    (i) Any municipality or county or joint emergency telephone
system board that has imposed a surcharge pursuant to this
Section prior to the effective date of this amendatory Act of
1990 shall hereafter impose the surcharge in accordance with
subsection (b) of this Section.
    (j) The corporate authorities of any municipality or county
may issue, in accordance with Illinois law, bonds, notes or
other obligations secured in whole or in part by the proceeds
of the surcharge described in this Section. Notwithstanding any
change in law subsequent to the issuance of any bonds, notes or
other obligations secured by the surcharge, every municipality
or county issuing such bonds, notes or other obligations shall
be authorized to impose the surcharge as though the laws
relating to the imposition of the surcharge in effect at the
time of issuance of the bonds, notes or other obligations were
in full force and effect until the bonds, notes or other
obligations are paid in full. The State of Illinois pledges and
agrees that it will not limit or alter the rights and powers
vested in municipalities and counties by this Section to impose
the surcharge so as to impair the terms of or affect the
security for bonds, notes or other obligations secured in whole
or in part with the proceeds of the surcharge described in this
Section.
    (k) Any surcharge collected by or imposed on a
telecommunications carrier pursuant to this Section shall be
held to be a special fund in trust for the municipality, county
or Joint Emergency Telephone Board imposing the surcharge.
Except for the 3% deduction provided in subsection (g) above,
the special fund shall not be subject to the claims of
creditors of the telecommunication carrier.
(Source: P.A. 95-331, eff. 8-21-07; 95-698, eff. 1-1-08.)
 
    (50 ILCS 750/15.4)  (from Ch. 134, par. 45.4)
    Sec. 15.4. Emergency Telephone System Board; powers.
    (a) The corporate authorities of any county or municipality
that imposes a surcharge under Section 15.3 shall establish an
Emergency Telephone System Board. The corporate authorities
shall provide for the manner of appointment and the number of
members of the Board, provided that the board shall consist of
not fewer than 5 members, one of whom must be a public member
who is a resident of the local exchange service territory
included in the 9-1-1 coverage area, one of whom (in counties
with a population less than 100,000) must be a member of the
county board, and at least 3 of whom shall be representative of
the 9-1-1 public safety agencies, including but not limited to
police departments, fire departments, emergency medical
services providers, and emergency services and disaster
agencies, and appointed on the basis of their ability or
experience. In counties with a population of more than 100,000
but less than 2,000,000, a member of the county board may serve
on the Emergency Telephone System Board. Elected officials are
also eligible to serve on the board. Members of the board shall
serve without compensation but shall be reimbursed for their
actual and necessary expenses. Any 2 or more municipalities,
counties, or combination thereof, that impose a surcharge under
Section 15.3 may, instead of establishing individual boards,
establish by intergovernmental agreement a Joint Emergency
Telephone System Board pursuant to this Section. The manner of
appointment of such a joint board shall be prescribed in the
agreement.
    (b) The powers and duties of the board shall be defined by
ordinance of the municipality or county, or by
intergovernmental agreement in the case of a joint board. The
powers and duties shall include, but need not be limited to the
following:
        (1) Planning a 9-1-1 system.
        (2) Coordinating and supervising the implementation,
    upgrading, or maintenance of the system, including the
    establishment of equipment specifications and coding
    systems.
        (3) Receiving moneys from the surcharge imposed under
    Section 15.3, and from any other source, for deposit into
    the Emergency Telephone System Fund.
        (4) Authorizing all disbursements from the fund.
        (5) Hiring any staff necessary for the implementation
    or upgrade of the system.
    (c) All moneys received by a board pursuant to a surcharge
imposed under Section 15.3 shall be deposited into a separate
interest-bearing Emergency Telephone System Fund account. The
treasurer of the municipality or county that has established
the board or, in the case of a joint board, any municipal or
county treasurer designated in the intergovernmental
agreement, shall be custodian of the fund. All interest
accruing on the fund shall remain in the fund. No expenditures
may be made from such fund except upon the direction of the
board by resolution passed by a majority of all members of the
board. Expenditures may be made only to pay for the costs
associated with the following:
        (1) The design of the Emergency Telephone System.
        (2) The coding of an initial Master Street Address
    Guide data base, and update and maintenance thereof.
        (3) The repayment of any moneys advanced for the
    implementation of the system.
        (4) The charges for Automatic Number Identification
    and Automatic Location Identification equipment, a
    computer aided dispatch system that records, maintains,
    and integrates information, mobile data transmitters
    equipped with automatic vehicle locators, and maintenance,
    replacement and update thereof to increase operational
    efficiency and improve the provision of emergency
    services.
        (5) The non-recurring charges related to installation
    of the Emergency Telephone System and the ongoing network
    charges.
        (6) The acquisition and installation, or the
    reimbursement of costs therefor to other governmental
    bodies that have incurred those costs, of road or street
    signs that are essential to the implementation of the
    emergency telephone system and that are not duplicative of
    signs that are the responsibility of the jurisdiction
    charged with maintaining road and street signs.
        (7) Other products and services necessary for the
    implementation, upgrade, and maintenance of the system and
    any other purpose related to the operation of the system,
    including costs attributable directly to the construction,
    leasing, or maintenance of any buildings or facilities or
    costs of personnel attributable directly to the operation
    of the system. Costs attributable directly to the operation
    of an emergency telephone system do not include the costs
    of public safety agency personnel who are and equipment
    that is dispatched in response to an emergency call.
        (8) In the case of a municipality that imposes a
    surcharge under subsection (h) of Section 15.3, moneys may
    also be used for any anti-terrorism or emergency
    preparedness measures, including, but not limited to,
    preparedness planning, providing local matching funds for
    federal or State grants, personnel training, and
    specialized equipment, including surveillance cameras as
    needed to deal with natural and terrorist-inspired
    emergency situations or events.
    Moneys in the fund may also be transferred to a
participating fire protection district to reimburse volunteer
firefighters who man remote telephone switching facilities
when dedicated 9-1-1 lines are down.
    (d) The board shall complete the data base before
implementation of the 9-1-1 system. The error ratio of the data
base shall not at any time exceed 1% of the total data base.
(Source: P.A. 95-698, eff. 1-1-08.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.