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| Public Act 095-0698 |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Emergency Telephone System Act is amended by | ||||
changing Sections 15.3 and 15.4 as follows:
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(50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
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Sec. 15.3. Surcharge.
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(a) The corporate authorities of any municipality or any
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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).
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.
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(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.
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(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
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question shall not be submitted at a consolidated primary | ||
election. The
public question shall be in substantially the | ||
following form:
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-------------------------------------------------------------
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Shall the county (or city, village
| ||
or incorporated town) of ..... impose YES
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a surcharge of up to ...ยข per month per
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network connection, which surcharge will
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be added to the monthly bill you receive ------------------
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for telephone or telecommunications
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charges, for the purpose of installing
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(or improving) a 9-1-1 Emergency NO
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Telephone System?
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-------------------------------------------------------------
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If a majority of the votes cast upon the public question | ||
are in favor
thereof, the surcharge shall be imposed.
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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.
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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.
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(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.
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(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).
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(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.
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(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
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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.
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(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
$1.25 per network | ||
connection.
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(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.
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(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
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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
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security for bonds, notes or other obligations secured in whole | ||
or in part
with the proceeds of the surcharge described in this | ||
Section.
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(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
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creditors of the telecommunication carrier.
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(Source: P.A. 92-474, eff. 8-1-02; 92-526, eff. 1-1-03; 92-557, | ||
eff. 1-1-03;
revised 10-2-02.)
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(50 ILCS 750/15.4) (from Ch. 134, par. 45.4)
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Sec. 15.4. Emergency Telephone System Board; powers.
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(a) The corporate authorities of any county or municipality
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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. 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.
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(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:
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(1) Planning a 9-1-1 system.
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(2) Coordinating and supervising the implementation, | ||
upgrading, or
maintenance of the system, including the | ||
establishment of equipment
specifications and coding | ||
systems.
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(3) Receiving moneys
monies from the surcharge imposed | ||
under Section 15.3, and
from any other source, for deposit | ||
into the Emergency Telephone System Fund.
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(4) Authorizing all disbursements from the fund.
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(5) Hiring any staff necessary for the implementation | ||
or upgrade of the
system.
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(c) All moneys
monies 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
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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
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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:
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(1) The design of the Emergency Telephone System.
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(2) The coding of an initial Master Street Address | ||
Guide data base, and
update and maintenance thereof.
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(3) The repayment of any moneys
monies advanced for the | ||
implementation of
the system.
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(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
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services.
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(5) The non-recurring charges related to installation | ||
of the Emergency
Telephone System and the ongoing network | ||
charges.
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(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.
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(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.
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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.
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(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.
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(Source: P.A. 92-202, eff. 1-1-02.)
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Section 10. The Wireless Emergency Telephone Safety Act is | ||
amended by changing Sections 15, 17, 25, 35, 45, and 70 as | ||
follows:
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(50 ILCS 751/15)
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(Section scheduled to be repealed on April 1, 2008)
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Sec. 15. Wireless emergency 9-1-1 service. The digits | ||
"9-1-1" shall be
the designated emergency telephone number | ||
within the wireless system.
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(a) Standards.
The Illinois Commerce Commission may set | ||
non-discriminatory, uniform
technical and operational | ||
standards consistent with the rules of the Federal
| ||
Communications Commission for directing calls to authorized | ||
public safety
answering points. These standards shall not in | ||
any way prescribe the
technology or manner a wireless carrier | ||
shall use to deliver wireless 9-1-1 or
wireless E9-1-1 calls | ||
and these standards shall not exceed the requirements set
by | ||
the Federal Communications Commission. However, standards for | ||
directing
calls to the authorized public safety answering point | ||
shall be included. The
authority given to the Illinois Commerce | ||
Commission in this Section is limited
to setting standards as | ||
set forth herein and does not constitute authority to
regulate | ||
wireless carriers.
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(b) Wireless public safety answering points.
For the | ||
purpose of providing wireless 9-1-1 emergency services, an | ||
emergency
telephone system board or, in the absence of an | ||
emergency telephone system
board, a qualified governmental | ||
entity may declare its intention for one or
more of its public | ||
safety answering points to serve as a primary wireless 9-1-1
| ||
public safety answering point for its jurisdiction by notifying | ||
the Chief Clerk
of the Illinois Commerce Commission and the | ||
Director of State Police in writing
within 6 months after the | ||
effective date of this Act or within 6 months after
receiving | ||
its authority to operate a 9-1-1 system under the Emergency | ||
Telephone
System Act, whichever is later. In addition, 2 or | ||
more emergency telephone
system boards or
qualified units of | ||
local government may, by virtue of an intergovernmental
| ||
agreement, provide wireless 9-1-1 service. The Department of | ||
State Police
shall be the primary wireless 9-1-1 public safety | ||
answering point for any
jurisdiction not providing notice to | ||
the Commission and the Department of State
Police. Nothing in | ||
this Act shall require the provision of wireless enhanced
9-1-1 | ||
services.
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The Illinois Commerce Commission, upon a joint request from | ||
the Department of
State Police and a qualified
governmental | ||
entity or an emergency telephone system board, may grant
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authority to the
emergency telephone system board or a | ||
qualified governmental entity to provide
wireless
9-1-1 | ||
service in areas for which the Department of State Police has | ||
accepted
wireless 9-1-1
responsibility. The Illinois Commerce | ||
Commission shall maintain a current list
of all 9-1-1
systems | ||
and qualified governmental entities providing wireless 9-1-1 | ||
service
under this Act.
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Any emergency telephone system board or qualified | ||
governmental entity
providing
wireless 9-1-1 service prior to | ||
the effective date of this Act
may continue to
operate upon | ||
notification as previously described in this Section. An
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emergency
telephone system
board or a qualified governmental | ||
entity shall submit, with its notification,
the date
upon which | ||
it commenced operating.
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(c) Wireless Enhanced 9-1-1 Board. The Wireless Enhanced | ||
9-1-1 Board is
created. The Board consists of 7
members
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appointed by the Governor with the advice and consent of the | ||
Senate.
It is recommended that the Governor appoint members | ||
from the following: the
Illinois Chapter of the National | ||
Emergency Numbers Association, the Illinois
State Police, law | ||
enforcement
agencies, the wireless telecommunications | ||
industry, an emergency
telephone system board in Cook County | ||
(outside the City of
Chicago), an emergency telephone system | ||
board in
the Metro-east area,
and an emergency telephone system | ||
board in the
collar counties (Lake, McHenry, DuPage, Kane, and | ||
Will
counties). Members of the Board
may not receive any | ||
compensation but may, however, be reimbursed for any
necessary | ||
expenditure in connection with their duties.
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Except as provided in Section 45, the Wireless Enhanced | ||
9-1-1 Board shall
set the amount of the monthly wireless | ||
surcharge required to be imposed under
Section 17 on all | ||
wireless subscribers in this State.
Prior to the Wireless | ||
Enhanced 9-1-1 Board setting any surcharge, the Board
shall
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publish the proposed surcharge in the Illinois Register, hold | ||
hearings on the
surcharge
and the requirements for an efficient | ||
wireless emergency number system, and
elicit
public comment. | ||
The Board shall determine the minimum cost necessary for
| ||
implementation of this system and the amount of revenue | ||
produced based upon the
number of wireless telephones in use. | ||
The Board shall set the surcharge at the
minimum
amount | ||
necessary to achieve the goals of the Act and shall, by July 1, | ||
2000,
file this
information with the Governor, the Clerk of the | ||
House, and the Secretary of the
Senate.
The surcharge may not | ||
be more than $0.75 per month per CMRS connection.
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The Wireless Enhanced 9-1-1 Board shall report to the | ||
General Assembly by
July 1, 2000 on implementing wireless | ||
non-emergency services for the
purpose of public safety using | ||
the digits 3-1-1. The Board shall consider the
delivery of | ||
3-1-1 services in a 6 county area, including rural Cook County
| ||
(outside of the City of Chicago), and DuPage, Lake, McHenry, | ||
Will, and Kane
Counties, as well as counties outside of this | ||
area by an emergency telephone
system board, a qualified | ||
governmental entity, or private industry. The Board,
upon | ||
completion of all its duties required under this Act, is | ||
dissolved.
| ||
(Source: P.A. 91-660, eff. 12-22-99.)
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(50 ILCS 751/17)
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(Section scheduled to be repealed on April 1, 2008)
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Sec. 17. Wireless carrier surcharge.
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(a) Except as provided in Section 45, each wireless
carrier | ||
shall impose a monthly wireless carrier surcharge per CMRS | ||
connection
that either has a telephone number within an area | ||
code assigned to Illinois by
the North American Numbering Plan | ||
Administrator or has a billing address in
this State.
In the | ||
case of prepaid wireless telephone service, this surcharge | ||
shall be
remitted based upon the address associated with the | ||
point of purchase, the
customer billing
address, or the | ||
location associated with the MTN for each active prepaid
| ||
wireless telephone that has a sufficient positive balance
as of | ||
the last day of each month, if that information is available. | ||
No
wireless carrier
shall impose the surcharge authorized by | ||
this
Section upon any subscriber who is subject to the | ||
surcharge imposed by a unit
of local
government
pursuant to | ||
Section 45.
Prior to the effective date of this amendatory Act | ||
of the 95th General Assembly, the surcharge amount shall be the | ||
amount set by the Wireless Enhanced 9-1-1 Board. Beginning on | ||
the effective date of this amendatory Act of the 95th General | ||
Assembly, the monthly surcharge imposed under this Section | ||
shall be $0.73 per CMRS connection. The wireless carrier that | ||
provides wireless service to the
subscriber shall collect the | ||
surcharge set by the Wireless Enhanced 9-1-1 Board
from the | ||
subscriber.
For mobile telecommunications services provided on | ||
and after August 1, 2002,
any surcharge imposed under this Act | ||
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.
The | ||
surcharge shall be stated as a separate item on the
| ||
subscriber's monthly bill. The wireless carrier shall begin | ||
collecting the
surcharge on bills issued within 90 days after | ||
the Wireless Enhanced 9-1-1
Board sets the monthly wireless | ||
surcharge. State and local taxes shall not
apply to the | ||
wireless carrier surcharge.
| ||
(b) Except as provided in Section 45, a wireless carrier | ||
shall, within 45
days of collection, remit, either by check or | ||
by electronic funds transfer, to
the State Treasurer the amount | ||
of the wireless carrier surcharge collected
from each | ||
subscriber.
Of the amounts remitted under this subsection prior | ||
to the effective date of this amendatory Act of the 95th | ||
General Assembly, and for surcharges imposed before the | ||
effective date of this amendatory Act of the 95th General | ||
Assembly but remitted after its effective date, the State
| ||
Treasurer shall deposit one-third into the Wireless Carrier | ||
Reimbursement Fund
and two-thirds into the Wireless Service | ||
Emergency Fund. For surcharges collected and remitted on or | ||
after the effective date of this amendatory Act of the 95th | ||
General Assembly, $0.1475 per surcharge collected shall be | ||
deposited into the Wireless Carrier Reimbursement Fund, and | ||
$0.5825 per surcharge collected shall be deposited into the | ||
Wireless Service Emergency Fund. Of the amounts deposited into | ||
the Wireless Carrier Reimbursement Fund under this subsection, | ||
$0.01 per surcharge collected may be distributed to the | ||
carriers to cover their administrative costs. Of the amounts | ||
deposited into the Wireless Service Emergency Fund under this | ||
subsection, $0.01 per surcharge collected may be disbursed to | ||
the Illinois Commerce Commission to cover its administrative | ||
costs.
| ||
(c)
The first such remittance by wireless carriers shall | ||
include the number
of customers by zip code, and the 9-digit | ||
zip code if currently being used or
later implemented by the | ||
carrier, that shall be the means by which the
Illinois Commerce | ||
Commission shall determine distributions from
the Wireless | ||
Service Emergency Fund.
This information shall be updated no | ||
less often than every year. Wireless
carriers are not required | ||
to remit surcharge moneys that are billed to
subscribers but | ||
not yet collected.
| ||
(d) Notwithstanding any provision of law to the contrary,
| ||
nothing shall impair the right of wireless carriers to recover
| ||
compliance costs for all emergency communications services | ||
that are not reimbursed out of the Wireless Carrier | ||
Reimbursement Fund
directly from their customers via line-item | ||
charges on the
customer's bill. Those compliance costs include | ||
all costs
incurred by wireless carriers in complying with | ||
local, State,
and federal regulatory or legislative mandates | ||
that require the
transmission and receipt of emergency | ||
communications to and
from the general public, including, but | ||
not limited to, E-911.
| ||
(e) The Auditor General shall conduct, on an annual basis, | ||
an audit of the Wireless Service Emergency Fund and the | ||
Wireless Carrier Reimbursement Fund for compliance with the | ||
requirements of this Act. The audit shall include, but not be | ||
limited to, the following determinations:
| ||
(1) Whether the Commission is maintaining detailed | ||
records of all receipts and disbursements from the Wireless | ||
Carrier Emergency Fund and the Wireless Carrier | ||
Reimbursement Fund.
| ||
(2) Whether the Commission's administrative costs | ||
charged to the funds are adequately documented and are | ||
reasonable.
| ||
(3) Whether the Commission's procedures for making | ||
grants and providing reimbursements in accordance with the | ||
Act are adequate.
| ||
(4) The status of the implementation of wireless 9-1-1 | ||
and E9-1-1 services in Illinois.
| ||
The Commission, the Department of State Police, and any | ||
other entity or person that may have information relevant to | ||
the audit shall cooperate fully and promptly with the Office of | ||
the Auditor General in conducting the audit. The Auditor | ||
General shall commence the audit as soon as possible and | ||
distribute the report upon completion in accordance with | ||
Section 3-14 of the Illinois State Auditing Act.
| ||
(Source: P.A. 92-526, eff. 7-1-02; 93-507, eff. 1-1-04; 93-839, | ||
eff. 7-30-04.)
| ||
(50 ILCS 751/25)
| ||
(Section scheduled to be repealed on April 1, 2008)
| ||
Sec. 25. Wireless Service Emergency Fund; distribution of | ||
moneys.
Within 60 days after the effective date of this Act, | ||
wireless carriers
shall submit to the Illinois Commerce | ||
Commission the number of
wireless subscribers by zip code and | ||
the 9-digit zip code of the wireless
subscribers, if currently | ||
being used or later implemented by the carrier.
| ||
The Illinois Commerce Commission shall, subject to
| ||
appropriation, make monthly proportional grants to the | ||
appropriate emergency
telephone system board or qualified | ||
governmental entity based upon the United
States Postal Zip | ||
Code of the wireless subscriber's billing address. No
matching | ||
funds shall be required from grant recipients.
| ||
If the Illinois Commerce Commission is notified of an area
| ||
of overlapping jurisdiction, grants for that area shall be made | ||
based upon
reference to an official Master Street Address Guide | ||
to the emergency
telephone system board or qualified | ||
governmental entity whose public
service answering points | ||
provide wireless 9-1-1 service in that area.
The emergency | ||
telephone system board or qualified governmental entity shall
| ||
provide the Illinois Commerce Commission with a valid copy of | ||
the
appropriate Master Street Address Guide. The Illinois | ||
Commerce Commission does not have a duty to verify | ||
jurisdictional responsibility.
| ||
In the event of a subscriber billing address being matched | ||
to an incorrect
jurisdiction by the Illinois Commerce | ||
Commission, the recipient,
upon notification from the Illinois | ||
Commerce Commission, shall
redirect the funds to the correct | ||
jurisdiction. The Illinois Commerce Commission
shall not be | ||
held liable for any damages relating to an
act or omission | ||
under this Act, unless the act or omission constitutes gross
| ||
negligence, recklessness, or intentional misconduct.
| ||
In the event of a dispute between emergency telephone | ||
system boards or
qualified governmental entities concerning a | ||
subscriber billing address, the
Illinois Commerce Commission | ||
shall resolve the dispute.
| ||
The Illinois Commerce Commission shall maintain detailed | ||
records
of all receipts and disbursements and shall provide an | ||
annual accounting of all
receipts and disbursements to the | ||
Auditor General.
| ||
The Illinois Commerce Commission shall adopt rules to | ||
govern the
grant process.
| ||
The Illinois Commerce Commission may also use moneys in the | ||
Wireless Service Emergency Fund for the purpose of conducting a | ||
study to determine the future technological and financial needs | ||
of the wireless 9-1-1 systems. A study shall include input from | ||
the telecommunications industry, the Illinois National | ||
Emergency Number Association, and the public safety community.
| ||
(Source: P.A. 93-839, eff. 7-30-04.)
| ||
(50 ILCS 751/35)
| ||
(Section scheduled to be repealed on April 1, 2008)
| ||
Sec. 35. Wireless Carrier Reimbursement Fund; | ||
reimbursement. To recover costs from the Wireless Carrier | ||
Reimbursement Fund, the wireless
carrier shall submit sworn | ||
invoices to the Illinois Commerce Commission. In no event may | ||
any invoice for payment be approved for (i) costs
that are not | ||
related to compliance with the requirements established by the
| ||
wireless enhanced 9-1-1 mandates of the Federal Communications | ||
Commission, (ii)
costs with respect to any wireless enhanced | ||
9-1-1 service that is not operable
at the time the invoice is | ||
submitted, or (iii) costs of any wireless carrier
exceeding | ||
100% of the wireless emergency services charges remitted to the
| ||
Wireless Carrier Reimbursement Fund by the wireless carrier | ||
under Section
17(b) unless the wireless carrier received prior | ||
approval for the expenditures
from the Illinois Commerce | ||
Commission.
| ||
If in any month the total amount of invoices submitted to | ||
the Illinois Commerce Commission and approved for payment | ||
exceeds the amount
available in the Wireless Carrier | ||
Reimbursement Fund, wireless carriers that
have invoices | ||
approved for payment shall receive a pro-rata share of the | ||
amount
available in the Wireless Carrier Reimbursement Fund | ||
based on the relative
amount of their approved invoices | ||
available that month, and the balance of
the payments shall be | ||
carried into the following months until all of the approved
| ||
payments
are made.
| ||
A wireless carrier may not receive payment from the | ||
Wireless Carrier
Reimbursement Fund for its costs of providing | ||
wireless enhanced 9-1-1 services
in an area when a unit of | ||
local government or emergency telephone system board
provides | ||
wireless 9-1-1 services in that area and was imposing and | ||
collecting a
wireless carrier surcharge prior to July 1, 1998.
| ||
The Illinois Commerce Commission shall maintain detailed | ||
records
of all receipts and disbursements and shall provide an | ||
annual accounting of all
receipts and disbursements to the | ||
Auditor General.
| ||
The Illinois Commerce Commission shall adopt rules to | ||
govern the
reimbursement process.
| ||
Upon the effective date of this amendatory Act of the 95th | ||
General Assembly, or as soon thereafter as practical, the State | ||
Comptroller shall order transferred and the State Treasurer | ||
shall transfer the sum of $8,000,000 from the Wireless Carrier | ||
Reimbursement Fund to the Wireless Service Emergency Fund. That | ||
amount shall be used by the Illinois Commerce Commission to | ||
make grants in the manner described in Section 25 of this Act.
| ||
(Source: P.A. 93-507, eff. 1-1-04; 93-839, eff. 7-30-04.)
| ||
(50 ILCS 751/45)
| ||
(Section scheduled to be repealed on April 1, 2008)
| ||
Sec. 45. Continuation of current practices. | ||
Notwithstanding any other
provision of this Act, a unit of | ||
local government or emergency telephone
system board providing | ||
wireless 9-1-1 service and imposing and collecting a
wireless | ||
carrier surcharge prior to July 1, 1998 may continue its | ||
practices of
imposing and collecting its wireless carrier | ||
surcharge, but in no event shall
that monthly surcharge exceed | ||
$2.50
$1.25 per commercial mobile radio service (CMRS)
| ||
connection or in-service telephone number billed on a monthly | ||
basis.
For mobile telecommunications services provided on and | ||
after August 1, 2002,
any surcharge imposed 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.
| ||
In addition to any other lawful purpose, a municipality | ||
with a population over 500,000 may use the moneys collected | ||
under this Section 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.
| ||
(Source: P.A. 91-660, eff. 12-22-99; 92-526, eff. 7-1-02.)
| ||
(50 ILCS 751/70)
| ||
(Section scheduled to be repealed on April 1, 2008)
| ||
Sec. 70. Repealer. This Act is repealed on April 1, 2013
| ||
2008.
| ||
(Source: P.A. 93-507, eff. 1-1-04.)
| ||
Section 99. Effective date. This Act takes effect January | ||
1, 2008. | ||