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1		AN ACT concerning regulation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		ARTICLE I
5		Section 1-5. The Attorney General Act is amended by
6		changing Section 6.5 as follows:
7		(15 ILCS 205/6.5)
8		Sec. 6.5. Consumer Utilities Unit.
9		(a) The General Assembly finds that the health, welfare,
10		and prosperity of all Illinois citizens, and the public's
11		interest in adequate, safe, reliable, cost-effective electric,
12		natural gas, water, cable, video, and telecommunications
13		services, requires effective public representation by the
14		Attorney General to protect the rights and interests of the
15		public in the provision of all elements of electric, natural
16		gas, water, cable, video, and telecommunications service both
17		during and after the transition to a competitive market, and
18		that to ensure that the benefits of competition in the
19		provision of electric, natural gas, water, cable, video, and
20		telecommunications services to all consumers are attained,
21		there shall be created within the Office of the Attorney
22		General a Consumer Utilities Unit.

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1		(b) As used in this Section: "Electric services" means
2		services sold by an electric service provider. "Electric
3		service provider" shall mean anyone who sells, contracts to
4		sell, or markets electric power, generation, distribution,
5		transmission, or services (including metering and billing) in
6		connection therewith. Electric service providers shall include
7		any electric utility and any alternative retail electric
8		supplier as defined in Section 16-102 of the Public Utilities
9		Act.
10		(b-5) As used in this Section: "Telecommunications
11		services" means services sold by a telecommunications carrier,
12		as provided for in Section 13-203 of the Public Utilities Act.
13		"Telecommunications carrier" means anyone who sells, contracts
14		to sell, or markets telecommunications services, whether
15		noncompetitive or competitive, including access services,
16		interconnection services, or any services in connection
17		therewith. Telecommunications carriers include any carrier as
18		defined in Section 13-202 of the Public Utilities Act.
19		(b-10) As used in this Section, "natural gas services"
20		means natural gas services sold by a "gas utility" or by an
21		"alternative gas supplier", as those terms are defined in
22		Section 19-105 of the Public Utilities Act.
23		(b-15) As used in this Section, "water services" means
24		services sold by any corporation, company, limited liability
25		company, association, joint stock company or association,
26		firm, partnership, or individual, its lessees, trustees, or

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1		receivers appointed by any court and that owns, controls,
2		operates, or manages within this State, directly or indirectly,
3		for public use, any plant, equipment, or property used or to be
4		used for or in connection with (i) the production, storage,
5		transmission, sale, delivery, or furnishing of water or (ii)
6		the treatment, storage, transmission, disposal, sale of
7		services, delivery, or furnishing of sewage or sewage services.
8		(b-20) As used in this Section, "cable service and video
9		service" means services sold by anyone who sells, contracts to
10		sell, or markets cable services or video services pursuant to a
11		State-issued authorization under the Cable and Video
12		Competition Law of 2007.
13		(c) There is created within the Office of the Attorney
14		General a Consumer Utilities Unit, consisting of Assistant
15		Attorneys General appointed by the Attorney General, who,
16		together with such other staff as is deemed necessary by the
17		Attorney General, shall have the power and duty on behalf of
18		the people of the State to intervene in, initiate, enforce, and
19		defend all legal proceedings on matters relating to the
20		provision, marketing, and sale of electric, natural gas, water,
21		cable, video, and telecommunications service whenever the
22		Attorney General determines that such action is necessary to
23		promote or protect the rights and interests of all Illinois
24		citizens, classes of customers, and users of electric, natural
25		gas, water, cable, video, and telecommunications services.
26		(d) In addition to the investigative and enforcement powers

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1		available to the Attorney General, including without
2		limitation those under the Consumer Fraud and Deceptive
3		Business Practices Act, the Illinois Antitrust Act, and any
4		other law of this State, the Attorney General shall be a party
5		as a matter of right to all proceedings, investigations, and
6		related matters involving the provision of electric, natural
7		gas, water, cable, video, and telecommunications services
8		before the Illinois Commerce Commission, the courts, and other
9		public bodies. Upon request, the Office of the Attorney General
10		shall have access to and the use of all files, records, data,
11		and documents in the possession or control of the Commission.
12		The Office of the Attorney General may use information obtained
13		under this Section, including information that is designated as
14		and that qualifies for confidential treatment, which
15		information the Attorney General's office shall maintain as
16		confidential, to be used for law enforcement purposes only,
17		which information may be shared with other law enforcement
18		officials. Nothing in this Section is intended to take away or
19		limit any of the powers the Attorney General has pursuant to
20		common law or other statutory law.
21		(Source: P.A. 94-291, eff. 7-21-05; 95-9, eff. 6-30-07; 95-876,
22		eff. 8-21-08.)
23		Section 1-10. The Department of State Police Law of the
24		Civil Administrative Code of Illinois is amended by changing
25		Section 2605-25 and by adding Section 2605-52 as follows:

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1		(20 ILCS 2605/2605-25) (was 20 ILCS 2605/55a-1)
2		Sec. 2605-25. Department divisions. The Department is
3		divided into the Illinois State Police Academy, the Office of
4		the Statewide 9-1-1 Administrator, and 4 divisions: the
5		Division of Operations, the Division of Forensic Services, the
6		Division of Administration, and the Division of Internal
7		Investigation. Beginning on July 1, 2015, there shall be the
8		Division of the Statewide 9-1-1 Administrator within the
9		Department of State Police to develop, implement, and oversee a
10		uniform statewide 9-1-1 system for all areas of the State
11		outside of municipalities having a population of more than
12		500,000.
13		(Source: P.A. 98-634, eff. 6-6-14.)
14		(20 ILCS 2605/2605-52 new)
15		Sec. 2605-52. Office of the Statewide 9-1-1 Administrator.
16		(a) There shall be established an Office of the Statewide
17		9-1-1 Administrator within the Department. Beginning January
18		1, 2016, the Office of the Statewide 9-1-1 Administrator shall
19		be responsible for developing, implementing, and overseeing a
20		uniform statewide 9-1-1 system for all areas of the State
21		outside of municipalities having a population over 500,000.
22		(b) The Governor shall appoint, with the advice and consent
23		of the Senate, a Statewide 9-1-1 Administrator. The
24		Administrator shall serve for a term of 2 years, and until a

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1		successor is appointed and qualified; except that the term of
2		the first 9-1-1 Administrator appointed under this Act shall
3		expire on the third Monday in January, 2017. The Administrator
4		shall not hold any other remunerative public office. The
5		Administrator shall receive an annual salary as set by the
6		Governor.
7		Section 1-15. The State Finance Act is amended by adding
8		Section 5.866 as follows:
9		(30 ILCS 105/5.866 new)
10		Sec. 5.866. The Illinois Telecommunications Access
11		Corporation Fund.
12		Section 1-20. The Emergency Telephone System Act is amended
13		by changing Section 15.3 and by adding Sections 19, 75, and 99
14		as follows:
15		(50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
16		Sec. 15.3. Local non-wireless surcharge Surcharge.
17		(a) Except as provided in subsection (l) of this Section,
18		the The corporate authorities of any municipality or any county
19		may, subject to the limitations of subsections (c), (d), and
20		(h), and in addition to any tax levied pursuant to the
21		Simplified Municipal Telecommunications Tax Act, impose a
22		monthly surcharge on billed subscribers of network connection

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1		provided by telecommunication carriers engaged in the business
2		of transmitting messages by means of electricity originating
3		within the corporate limits of the municipality or county
4		imposing the surcharge at a rate per network connection
5		determined in accordance with subsection (c), however the
6		monthly surcharge shall not apply to a network connection
7		provided for use with pay telephone services. Provided,
8		however, that where multiple voice grade communications
9		channels are connected between the subscriber's premises and a
10		public switched network through private branch exchange (PBX)
11		or centrex type service, a municipality imposing a surcharge at
12		a rate per network connection, as determined in accordance with
13		this Act, shall impose:
14		(i) in a municipality with a population of 500,000 or
15		less or in any county, 5 such surcharges per network
16		connection, as determined in accordance with subsections
17		(a) and (d) of Section 2.12 of this Act, for both regular
18		service and advanced service provisioned trunk lines;
19		(ii) in a municipality with a population, prior to
20		March 1, 2010, of 500,000 or more, 5 surcharges per network
21		connection, as determined in accordance with subsections
22		(a) and (d) of Section 2.12 of this Act, for both regular
23		service and advanced service provisioned trunk lines;
24		(iii) in a municipality with a population, as of March
25		1, 2010, of 500,000 or more, 5 surcharges per network
26		connection, as determined in accordance with subsections

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1		(a) and (d) of Section 2.12 of this Act, for regular
2		service provisioned trunk lines, and 12 surcharges per
3		network connection, as determined in accordance with
4		subsections (a) and (d) of Section 2.12 of this Act, for
5		advanced service provisioned trunk lines, except where an
6		advanced service provisioned trunk line supports at least 2
7		but fewer than 23 simultaneous voice grade calls ("VGC's"),
8		a telecommunication carrier may elect to impose fewer than
9		12 surcharges per trunk line as provided in subsection (iv)
10		of this Section; or
11		(iv) for an advanced service provisioned trunk line
12		connected between the subscriber's premises and the public
13		switched network through a P.B.X., where the advanced
14		service provisioned trunk line is capable of transporting
15		at least 2 but fewer than 23 simultaneous VGC's per trunk
16		line, the telecommunications carrier collecting the
17		surcharge may elect to impose surcharges in accordance with
18		the table provided in this Section, without limiting any
19		telecommunications carrier's obligations to otherwise keep
20		and maintain records. Any telecommunications carrier
21		electing to impose fewer than 12 surcharges per an advanced
22		service provisioned trunk line shall keep and maintain
23		records adequately to demonstrate the VGC capability of
24		each advanced service provisioned trunk line with fewer
25		than 12 surcharges imposed, provided that 12 surcharges
26		shall be imposed on an advanced service provisioned trunk

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1		line regardless of the VGC capability where a
2		telecommunications carrier cannot demonstrate the VGC
3		capability of the advanced service provisioned trunk line.
4 Facility VGC's 911 Surcharges 5 Advanced service provisioned trunk line 18-23 12 6 Advanced service provisioned trunk line 12-17 10 7 Advanced service provisioned trunk line 2-11 8
8		Subsections (i), (ii), (iii), and (iv) are not intended to
9		make any change in the meaning of this Section, but are
10		intended to remove possible ambiguity, thereby confirming the
11		intent of paragraph (a) as it existed prior to and following
12		the effective date of this amendatory Act of the 97th General
13		Assembly.
14		For mobile telecommunications services, if a surcharge is
15		imposed it shall be imposed based upon the municipality or
16		county that encompasses the customer's place of primary use as
17		defined in the Mobile Telecommunications Sourcing Conformity
18		Act. A municipality may enter into an intergovernmental
19		agreement with any county in which it is partially located,
20		when the county has adopted an ordinance to impose a surcharge
21		as provided in subsection (c), to include that portion of the
22		municipality lying outside the county in that county's
23		surcharge referendum. If the county's surcharge referendum is
24		approved, the portion of the municipality identified in the

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1		intergovernmental agreement shall automatically be
2		disconnected from the county in which it lies and connected to
3		the county which approved the referendum for purposes of a
4		surcharge on telecommunications carriers.
5		(b) For purposes of computing the surcharge imposed by
6		subsection (a), the network connections to which the surcharge
7		shall apply shall be those in-service network connections,
8		other than those network connections assigned to the
9		municipality or county, where the service address for each such
10		network connection or connections is located within the
11		corporate limits of the municipality or county levying the
12		surcharge. Except for mobile telecommunication services, the
13		"service address" shall mean the location of the primary use of
14		the network connection or connections. For mobile
15		telecommunication services, "service address" means the
16		customer's place of primary use as defined in the Mobile
17		Telecommunications Sourcing Conformity Act.
18		(c) Upon the passage of an ordinance to impose a surcharge
19		under this Section the clerk of the municipality or county
20		shall certify the question of whether the surcharge may be
21		imposed to the proper election authority who shall submit the
22		public question to the electors of the municipality or county
23		in accordance with the general election law; provided that such
24		question shall not be submitted at a consolidated primary
25		election. The public question shall be in substantially the
26		following form:

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1		-------------------------------------------------------------
2		Shall the county (or city, village
3		or incorporated town) of ..... impose YES
4		a surcharge of up to ...¢ per month per
5		network connection, which surcharge will
6		be added to the monthly bill you receive ------------------
7		for telephone or telecommunications
8		charges, for the purpose of installing
9		(or improving) a 9-1-1 Emergency NO
10		Telephone System?
11		-------------------------------------------------------------
12		If a majority of the votes cast upon the public question
13		are in favor thereof, the surcharge shall be imposed.
14		However, if a Joint Emergency Telephone System Board is to
15		be created pursuant to an intergovernmental agreement under
16		Section 15.4, the ordinance to impose the surcharge shall be
17		subject to the approval of a majority of the total number of
18		votes cast upon the public question by the electors of all of
19		the municipalities or counties, or combination thereof, that
20		are parties to the intergovernmental agreement.
21		The referendum requirement of this subsection (c) shall not
22		apply to any municipality with a population over 500,000 or to
23		any county in which a proposition as to whether a sophisticated
24		9-1-1 Emergency Telephone System should be installed in the
25		county, at a cost not to exceed a specified monthly amount per
26		network connection, has previously been approved by a majority

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1		of the electors of the county voting on the proposition at an
2		election conducted before the effective date of this amendatory
3		Act of 1987.
4		(d) A county may not impose a surcharge, unless requested
5		by a municipality, in any incorporated area which has
6		previously approved a surcharge as provided in subsection (c)
7		or in any incorporated area where the corporate authorities of
8		the municipality have previously entered into a binding
9		contract or letter of intent with a telecommunications carrier
10		to provide sophisticated 9-1-1 service through municipal
11		funds.
12		(e) A municipality or county may at any time by ordinance
13		change the rate of the surcharge imposed under this Section if
14		the new rate does not exceed the rate specified in the
15		referendum held pursuant to subsection (c).
16		(f) The surcharge authorized by this Section shall be
17		collected from the subscriber by the telecommunications
18		carrier providing the subscriber the network connection as a
19		separately stated item on the subscriber's bill.
20		(g) The amount of surcharge collected by the
21		telecommunications carrier shall be paid to the particular
22		municipality or county or Joint Emergency Telephone System
23		Board not later than 30 days after the surcharge is collected,
24		net of any network or other 9-1-1 or sophisticated 9-1-1 system
25		charges then due the particular telecommunications carrier, as
26		shown on an itemized bill. The telecommunications carrier

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1		collecting the surcharge shall also be entitled to deduct 3% of
2		the gross amount of surcharge collected to reimburse the
3		telecommunications carrier for the expense of accounting and
4		collecting the surcharge.
5		(h) Except as expressly provided in subsection (a) of this
6		Section, on or after the effective date of this amendatory Act
7		of the 98th General Assembly and until July 1, 2017 2015, a
8		municipality with a population of 500,000 or more shall not
9		impose a monthly surcharge per network connection in excess of
10		the highest monthly surcharge imposed as of January 1, 2014 by
11		any county or municipality under subsection (c) of this
12		Section. On or after July 1, 2017 2015, a municipality with a
13		population over 500,000 may not impose a monthly surcharge in
14		excess of $2.50 per network connection.
15		(i) Any municipality or county or joint emergency telephone
16		system board that has imposed a surcharge pursuant to this
17		Section prior to the effective date of this amendatory Act of
18		1990 shall hereafter impose the surcharge in accordance with
19		subsection (b) of this Section.
20		(j) The corporate authorities of any municipality or county
21		may issue, in accordance with Illinois law, bonds, notes or
22		other obligations secured in whole or in part by the proceeds
23		of the surcharge described in this Section. Notwithstanding any
24		change in law subsequent to the issuance of any bonds, notes or
25		other obligations secured by the surcharge, every municipality
26		or county issuing such bonds, notes or other obligations shall

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

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1		creditors of the telecommunication carrier.
2		(l) On and after the effective date of this amendatory Act
3		of the 99th General Assembly, no county or municipality, other
4		than a municipality with a population over 500,000, may impose
5		a monthly surcharge under this Section in excess of the amount
6		imposed by it on the effective date of this Act. Any surcharge
7		imposed pursuant to this Section by a county or municipality,
8		other than a municipality with a population in excess of
9		500,000, shall cease to be imposed on January 1, 2016.
10		(Source: P.A. 97-463, eff. 8-19-11; 98-634, eff. 6-6-14.)
11		(50 ILCS 750/19 new)
12		Sec. 19. Statewide 9-1-1 Advisory Board.
13		(a) Beginning July 1, 2015, there is created the Statewide
14		9-1-1 Advisory Board within the Department of State Police. The
15		Board shall consist of the following 11 voting members:
16		(1) The Director of the State Police, or his or her
17		designee, who shall serve as chairman.
18		(2) The Executive Director of the Commission, or his or
19		her designee.
20		(3) Nine members appointed by the Governor as follows:
21		(A) one member representing the Illinois chapter
22		of the National Emergency Number Association, or his or
23		her designee;
24		(B) one member representing the Illinois chapter
25		of the Association of Public-Safety Communications

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1		Officials, or his or her designee;
2		(C) one member representing a county 9-1-1 system
3		from a county with a population of less than 50,000;
4		(D) one member representing a county 9-1-1 system
5		from a county with a population between 50,000 and
6		250,000;
7		(E) one member representing a county 9-1-1 system
8		from a county with a population of more than 250,000;
9		(F) one member representing a municipality with a
10		population of less than 500,000 in a county with a
11		population in excess of 2,000,000;
12		(G) one member representing the Illinois
13		Association of Chiefs of Police;
14		(H) one member representing the Illinois Sheriffs'
15		Association; and
16		(I) one member representing the Illinois Fire
17		Chiefs Association.
18		The Governor shall appoint the following non-voting
19		members: (i) one member representing an incumbent local
20		exchange 9-1-1 system provider; (ii) one member representing a
21		non-incumbent local exchange 9-1-1 system provider; (iii) one
22		member representing a large wireless carrier; (iv) one member
23		representing a small wireless carrier; and (v) one member
24		representing the Illinois Telecommunications Association.
25		(b) The Governor shall make initial appointments to the
26		Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the

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1		voting members appointed by the Governor shall serve an initial
2		term of 2 years, and the remaining voting members appointed by
3		the Governor shall serve an initial term of 3 years.
4		Thereafter, each appointment by the Governor shall be for a
5		term of 3 years. Non-voting members shall serve for a term of 3
6		years. Vacancies shall be filled in the same manner as the
7		original appointment. Persons appointed to fill a vacancy shall
8		serve for the balance of the unexpired term.
9		Members of the Statewide 9-1-1 Advisory Board shall serve
10		without compensation.
11		(c) The 9-1-1 Services Advisory Board, as constituted on
12		June 1, 2015 without the legislative members, shall serve in
13		the role of the Statewide 9-1-1 Advisory Board until all
14		appointments of voting members have been made by the Governor
15		under subsection (a) of this Section.
16		(d) The Statewide 9-1-1 Advisory Board shall:
17		(1) advise the Department of State Police and the
18		Statewide 9-1-1 Administrator on the oversight of 9-1-1
19		systems and the development and implementation of a uniform
20		statewide 9-1-1 system;
21		(2) make recommendations to the Governor and the
22		General Assembly regarding improvements to 9-1-1 services
23		throughout the State; and
24		(3) exercise all other powers and duties provided in
25		this Act.
26		(e) The Statewide 9-1-1 Advisory Board shall submit to the

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1		General Assembly a report by March 1 of each year providing an
2		update on the transition to a statewide 9-1-1 system and
3		recommending any legislative action.
4		(f) The Department of State Police shall provide
5		administrative support to the Statewide 9-1-1 Advisory Board.
6		(50 ILCS 750/75 new)
7		Sec. 75. Transfer of rights, functions, powers, duties, and
8		property to Department of State Police; rules and standards;
9		savings provisions.
10		(a) On January 1, 2016, the rights, functions, powers, and
11		duties of the Illinois Commerce Commission as set forth in this
12		Act and the Wireless Emergency Telephone Safety Act existing
13		prior to January 1, 2016, are transferred to and shall be
14		exercised by the Department of State Police. On or before
15		January 1, 2016, the Commission shall transfer and deliver to
16		the Department all books, records, documents, property (real
17		and personal), unexpended appropriations, and pending business
18		pertaining to the rights, powers, duties, and functions
19		transferred to the Department under this amendatory Act of the
20		99th General Assembly.
21		(b) The rules and standards of the Commission that are in
22		effect on January 1, 2016 and that pertain to the rights,
23		powers, duties, and functions transferred to the Department
24		under this amendatory Act of the 99th General Assembly shall
25		become the rules and standards of the Department on January 1,

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1		2016, and shall continue in effect until amended or repealed by
2		the Department.
3		Any rules pertaining to the rights, powers, duties, and
4		functions transferred to the Department under this amendatory
5		Act of the 99th General Assembly that have been proposed by the
6		Commission but have not taken effect or been finally adopted by
7		January 1, 2016, shall become proposed rules of the Department
8		on January 1, 2016, and any rulemaking procedures that have
9		already been completed by the Commission for those proposed
10		rules need not be repealed.
11		As soon as it is practical after January 1, 2016, the
12		Department shall revise and clarify the rules transferred to it
13		under this amendatory Act of the 99th General Assembly to
14		reflect the transfer of rights, powers, duties, and functions
15		effected by this amendatory Act of the 99th General Assembly
16		using the procedures for recodification of rules available
17		under the Illinois Administrative Procedure Act, except that
18		existing title, part, and section numbering for the affected
19		rules may be retained. The Department may propose and adopt
20		under the Illinois Administrative Procedure Act any other rules
21		necessary to consolidate and clarify those rules.
22		(c) The rights, powers, duties, and functions transferred
23		to the Department by this amendatory Act of the 99th General
24		Assembly shall be vested in and exercised by the Department
25		subject to the provisions of this Act and the Wireless
26		Emergency Telephone Safety Act. An act done by the Department

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1		or an officer, employee, or agent of the Department in the
2		exercise of the transferred rights, powers, duties, and
3		functions shall have the same legal effect as if done by the
4		Commission or an officer, employee, or agent of the Commission.
5		The transfer of rights, powers, duties, and functions to
6		the Department under this amendatory Act of the 99th General
7		Assembly does not invalidate any previous action taken by or in
8		respect to the Commission, its officers, employees, or agents.
9		References to the Commission or its officers, employees, or
10		agents in any document, contract, agreement, or law shall, in
11		appropriate contexts, be deemed to refer to the Department or
12		its officers, employees, or agents.
13		The transfer of rights, powers, duties, and functions to
14		the Department under this amendatory Act of the 99th General
15		Assembly does not affect any person's rights, obligations, or
16		duties, including any civil or criminal penalties applicable
17		thereto, arising out of those transferred rights, powers,
18		duties, and functions.
19		This amendatory Act of the 99th General Assembly does not
20		affect any act done, ratified, or cancelled, any right
21		occurring or established, or any action or proceeding commenced
22		in an administrative, civil, or criminal case before January 1,
23		2016. Any such action or proceeding that pertains to a right,
24		power, duty, or function transferred to the Department under
25		this amendatory Act of the 99th General Assembly that is
26		pending on that date may be prosecuted, defended, or continued

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1		by the Commission.
2		For the purposes of Section 9b of the State Finance Act,
3		the Department is the successor to the Commission with respect
4		to the rights, duties, powers, and functions transferred by
5		this amendatory Act of the 99th General Assembly.
6		(c) The Department is authorized to enter into an
7		intergovernmental agreement with the Commission for the
8		purpose of having the Commission assist the Department and the
9		Statewide 9-1-1 Administrator in carrying out their duties and
10		functions under this Act. The agreement may provide for funding
11		for the Commission for its assistance to the Department and the
12		Statewide 9-1-1 Administrator.
13		(50 ILCS 750/99 new)
14		Sec. 99. Repealer. This Act is repealed on July 1, 2017.
15		Section 1-25. The Wireless Emergency Telephone Safety Act
16		is amended by changing Sections 27, 45, and 70 as follows:
17		(50 ILCS 751/27)
18		(Section scheduled to be repealed on July 1, 2015)
19		Sec. 27. Financial reports.
20		(a) The Illinois Commerce Commission shall create uniform
21		accounting procedures, with such modification as may be
22		required to give effect to statutory provisions applicable only
23		to municipalities with a population in excess of 500,000, that

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1		any emergency telephone system board, qualified governmental
2		entity, or unit of local government described in Section 15 of
3		this Act and Section 15.4 of the Emergency Telephone System Act
4		or any entity imposing a wireless surcharge pursuant to Section
5		45 of this Act must follow.
6		(b) By October 1, 2014, each emergency telephone system
7		board, qualified governmental entity, or unit of local
8		government described in Section 15 of this Act and Section 15.4
9		of the Emergency Telephone System Act or any entity imposing a
10		wireless surcharge pursuant to Section 45 of this Act shall
11		report to the Illinois Commerce Commission audited financial
12		statements showing total revenue and expenditures for each of
13		the last two of its fiscal years in a form and manner as
14		prescribed by the Illinois Commerce Commission's Manager of
15		Accounting. Such financial information shall include:
16		(1) a detailed summary of revenue from all sources
17		including, but not limited to, local, State, federal, and
18		private revenues, and any other funds received;
19		(2) operating expenses, capital expenditures, and cash
20		balances; and
21		(3) such other financial information that is relevant
22		to the provision of 9-1-1 services as determined by the
23		Illinois Commerce Commission's Manager of Accounting.
24		The emergency telephone system board, qualified
25		governmental entity, or unit of local government is responsible
26		for any costs associated with auditing such financial

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1		statements. The Illinois Commerce Commission shall post the
2		audited financial statements on the Commission's website.
3		(c) By October 1, 2015 January 31, 2016 and each year
4		thereafter, each emergency telephone system board, qualified
5		governmental entity, or unit of local government described in
6		Section 15 of this Act and Section 15.4 of the Emergency
7		Telephone System Act or any entity imposing a wireless
8		surcharge pursuant to Section 45 of this Act shall report to
9		the Illinois Commerce Commission audited annual financial
10		statements showing total revenue and expenditures in a form and
11		manner as prescribed by the Illinois Commerce Commission's
12		Manager of Accounting.
13		The emergency telephone system board, qualified
14		governmental entity, or unit of local government is responsible
15		for any costs associated with auditing such financial
16		statements.
17		The Illinois Commerce Commission shall post each entity's
18		individual audited annual financial statements on the
19		Commission's website.
20		(d) If an emergency telephone system board or qualified
21		governmental entity that receives funds from the Wireless
22		Service Emergency Fund fails to file the 9-1-1 system financial
23		reports as required under this Section, the Illinois Commerce
24		Commission shall suspend and withhold monthly grants otherwise
25		due to the emergency telephone system board or qualified
26		governmental entity under Section 25 of this Act until the

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1		report is filed.
2		Any monthly grants that have been withheld for 12 months or
3		more shall be forfeited by the emergency telephone system board
4		or qualified governmental entity and shall be distributed
5		proportionally by the Illinois Commerce Commission to
6		compliant emergency telephone system boards and qualified
7		governmental entities that receive funds from the Wireless
8		Service Emergency Fund.
9		(e) The Illinois Commerce Commission may adopt emergency
10		rules necessary to carry out the provisions of this Section.
11		(Source: P.A. 98-634, eff. 6-6-14.)
12		(50 ILCS 751/45)
13		(Section scheduled to be repealed on July 1, 2015)
14		Sec. 45. Continuation of current practices.
15		(a) Notwithstanding any other provision of this Act, a unit
16		of local government or emergency telephone system board
17		providing wireless 9-1-1 service and imposing and collecting a
18		wireless carrier surcharge prior to July 1, 1998 may continue
19		its practices of imposing and collecting its wireless carrier
20		surcharge, but, except as provided in subsection (b) of this
21		Section, in no event shall that monthly surcharge exceed $2.50
22		per commercial mobile radio service (CMRS) connection or
23		in-service telephone number billed on a monthly basis. For
24		mobile telecommunications services provided on and after
25		August 1, 2002, any surcharge imposed shall be imposed based

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1		upon the municipality or county that encompasses the customer's
2		place of primary use as defined in the Mobile
3		Telecommunications Sourcing Conformity Act.
4		(b) On or after the effective date of this amendatory Act
5		of the 98th General Assembly and until July 1, 2017 2015, the
6		corporate authorities of a municipality with a population in
7		excess of 500,000 on the effective date of this amendatory Act
8		may by ordinance impose and collect a monthly surcharge per
9		commercial mobile radio service (CMRS) connection or
10		in-service telephone number billed on a monthly basis that does
11		not exceed the highest monthly surcharge imposed as of January
12		1, 2014 by any county or municipality under subsection (c) of
13		Section 15.3 of the Emergency Telephone System Act. On or after
14		July 1, 2017 2015, the municipality may continue imposing and
15		collecting its wireless carrier surcharge as provided in and
16		subject to the limitations of subsection (a) of this Section.
17		(c) In addition to any other lawful purpose, a municipality
18		with a population over 500,000 may use the moneys collected
19		under this Section for any anti-terrorism or emergency
20		preparedness measures, including, but not limited to,
21		preparedness planning, providing local matching funds for
22		federal or State grants, personnel training, and specialized
23		equipment, including surveillance cameras as needed to deal
24		with natural and terrorist-inspired emergency situations or
25		events.
26		(Source: P.A. 98-634, eff. 6-6-14.)

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1		(50 ILCS 751/70)
2		(Section scheduled to be repealed on July 1, 2015)
3		Sec. 70. Repealer. This Act is repealed on December 31 July
4		1, 2015.
5		(Source: P.A. 97-1163, eff. 2-4-13; 98-45, eff. 6-28-13;
6		98-634, eff. 6-6-14.)
7		Section 1-30. The Prepaid Wireless 9-1-1 Surcharge Act is
8		amended by changing Section 15 as follows:
9		(50 ILCS 753/15)
10		Sec. 15. Prepaid wireless 9-1-1 surcharge.
11		(a) Until September 30, 2015, there There is hereby imposed
12		on consumers a prepaid wireless 9-1-1 surcharge of 1.5% per
13		retail transaction. Beginning October 1, 2015, the prepaid
14		wireless 9-1-1 surcharge shall be 3% per retail transaction.
15		The surcharge authorized by this subsection (a) does not apply
16		in a home rule municipality having a population in excess of
17		500,000. The amount of the surcharge may be reduced or
18		increased pursuant to subsection (e).
19		(a-5) On or after the effective date of this amendatory Act
20		of the 98th General Assembly and until July 1, 2017 2015, a
21		home rule municipality having a population in excess of 500,000
22		on the effective date of this amendatory Act may impose a
23		prepaid wireless 9-1-1 surcharge not to exceed 9% per retail

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1		transaction sourced to that jurisdiction and collected and
2		remitted in accordance with the provisions of subsection (b-5)
3		of this Section. On or after July 1, 2017 2015, a home rule
4		municipality having a population in excess of 500,000 on the
5		effective date of this Act may only impose a prepaid wireless
6		9-1-1 surcharge not to exceed 7% per retail transaction sourced
7		to that jurisdiction and collected and remitted in accordance
8		with the provisions of subsection (b-5).
9		(b) The prepaid wireless 9-1-1 surcharge shall be collected
10		by the seller from the consumer with respect to each retail
11		transaction occurring in this State and shall be remitted to
12		the Department by the seller as provided in this Act. The
13		amount of the prepaid wireless 9-1-1 surcharge shall be
14		separately stated as a distinct item apart from the charge for
15		the prepaid wireless telecommunications service on an invoice,
16		receipt, or other similar document that is provided to the
17		consumer by the seller or shall be otherwise disclosed to the
18		consumer. If the seller does not separately state the surcharge
19		as a distinct item to the consumer as provided in this Section,
20		then the seller shall maintain books and records as required by
21		this Act which clearly identify the amount of the 9-1-1
22		surcharge for retail transactions.
23		For purposes of this subsection (b), a retail transaction
24		occurs in this State if (i) the retail transaction is made in
25		person by a consumer at the seller's business location and the
26		business is located within the State; (ii) the seller is a

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1		provider and sells prepaid wireless telecommunications service
2		to a consumer located in Illinois; (iii) the retail transaction
3		is treated as occurring in this State for purposes of the
4		Retailers' Occupation Tax Act; or (iv) a seller that is
5		included within the definition of a "retailer maintaining a
6		place of business in this State" under Section 2 of the Use Tax
7		Act makes a sale of prepaid wireless telecommunications service
8		to a consumer located in Illinois. In the case of a retail
9		transaction which does not occur in person at a seller's
10		business location, if a consumer uses a credit card to purchase
11		prepaid wireless telecommunications service on-line or over
12		the telephone, and no product is shipped to the consumer, the
13		transaction occurs in this State if the billing address for the
14		consumer's credit card is in this State.
15		(b-5) The prepaid wireless 9-1-1 surcharge imposed under
16		subsection (a-5) of this Section shall be collected by the
17		seller from the consumer with respect to each retail
18		transaction occurring in the municipality imposing the
19		surcharge. The amount of the prepaid wireless 9-1-1 surcharge
20		shall be separately stated on an invoice, receipt, or other
21		similar document that is provided to the consumer by the seller
22		or shall be otherwise disclosed to the consumer. If the seller
23		does not separately state the surcharge as a distinct item to
24		the consumer as provided in this Section, then the seller shall
25		maintain books and records as required by this Act which
26		clearly identify the amount of the 9-1-1 surcharge for retail

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1		transactions.
2		For purposes of this subsection (b-5), a retail transaction
3		occurs in the municipality if (i) the retail transaction is
4		made in person by a consumer at the seller's business location
5		and the business is located within the municipality; (ii) the
6		seller is a provider and sells prepaid wireless
7		telecommunications service to a consumer located in the
8		municipality; (iii) the retail transaction is treated as
9		occurring in the municipality for purposes of the Retailers'
10		Occupation Tax Act; or (iv) a seller that is included within
11		the definition of a "retailer maintaining a place of business
12		in this State" under Section 2 of the Use Tax Act makes a sale
13		of prepaid wireless telecommunications service to a consumer
14		located in the municipality. In the case of a retail
15		transaction which does not occur in person at a seller's
16		business location, if a consumer uses a credit card to purchase
17		prepaid wireless telecommunications service on-line or over
18		the telephone, and no product is shipped to the consumer, the
19		transaction occurs in the municipality if the billing address
20		for the consumer's credit card is in the municipality.
21		(c) The prepaid wireless 9-1-1 surcharge is imposed on the
22		consumer and not on any provider. The seller shall be liable to
23		remit all prepaid wireless 9-1-1 surcharges that the seller
24		collects from consumers as provided in Section 20, including
25		all such surcharges that the seller is deemed to collect where
26		the amount of the surcharge has not been separately stated on

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1		an invoice, receipt, or other similar document provided to the
2		consumer by the seller. The surcharge collected or deemed
3		collected by a seller shall constitute a debt owed by the
4		seller to this State, and any such surcharge actually collected
5		shall be held in trust for the benefit of the Department.
6		For purposes of this subsection (c), the surcharge shall
7		not be imposed or collected from entities that have an active
8		tax exemption identification number issued by the Department
9		under Section 1g of the Retailers' Occupation Tax Act.
10		(d) The amount of the prepaid wireless 9-1-1 surcharge that
11		is collected by a seller from a consumer, if such amount is
12		separately stated on an invoice, receipt, or other similar
13		document provided to the consumer by the seller, shall not be
14		included in the base for measuring any tax, fee, surcharge, or
15		other charge that is imposed by this State, any political
16		subdivision of this State, or any intergovernmental agency.
17		(e) (Blank). The prepaid wireless 9-1-1 charge imposed
18		under subsection (a) of this Section shall be proportionately
19		increased or reduced, as applicable, upon any change to the
20		surcharge imposed under Section 17 of the Wireless Emergency
21		Telephone Safety Act. The adjusted rate shall be determined by
22		dividing the amount of the surcharge imposed under Section 17
23		of the Wireless Emergency Telephone Safety Act by $50. Such
24		increase or reduction shall be effective on the first day of
25		the first calendar month to occur at least 60 days after the
26		enactment of the change to the surcharge imposed under Section

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1		17 of the Wireless Emergency Telephone Safety Act. The
2		Department shall provide not less than 30 days' notice of an
3		increase or reduction in the amount of the surcharge on the
4		Department's website.
5		(e-5) Any changes in the rate of the surcharge imposed by a
6		municipality under the authority granted in subsection (a-5) of
7		this Section shall be effective on the first day of the first
8		calendar month to occur at least 60 days after the enactment of
9		the change. The Department shall provide not less than 30 days'
10		notice of the increase or reduction in the rate of such
11		surcharge on the Department's website.
12		(f) When prepaid wireless telecommunications service is
13		sold with one or more other products or services for a single,
14		non-itemized price, then the percentage specified in
15		subsection (a) or (a-5) of this Section 15 shall be applied to
16		the entire non-itemized price unless the seller elects to apply
17		the percentage to (i) the dollar amount of the prepaid wireless
18		telecommunications service if that dollar amount is disclosed
19		to the consumer or (ii) the portion of the price that is
20		attributable to the prepaid wireless telecommunications
21		service if the retailer can identify that portion by reasonable
22		and verifiable standards from its books and records that are
23		kept in the regular course of business for other purposes,
24		including, but not limited to, books and records that are kept
25		for non-tax purposes. However, if a minimal amount of prepaid
26		wireless telecommunications service is sold with a prepaid

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1		wireless device for a single, non-itemized price, then the
2		seller may elect not to apply the percentage specified in
3		subsection (a) or (a-5) of this Section 15 to such transaction.
4		For purposes of this subsection, an amount of service
5		denominated as 10 minutes or less or $5 or less is considered
6		minimal.
7		(g) The prepaid wireless 9-1-1 surcharge imposed under
8		subsections (a) and (a-5) of this Section is not imposed on the
9		provider or the consumer for wireless Lifeline service where
10		the consumer does not pay the provider for the service. Where
11		the consumer purchases from the provider optional minutes,
12		texts, or other services in addition to the federally funded
13		Lifeline benefit, a consumer must pay the prepaid wireless
14		9-1-1 surcharge, and it must be collected by the seller
15		according to subsection (b-5).
16		(Source: P.A. 97-463, eff. 1-1-12; 97-748, eff. 7-6-12; 98-634,
17		eff. 6-6-14.)
18		Section 1-31. The Counties Code is amended by changing
19		Section 5-1095.1 as follows:
20		(55 ILCS 5/5-1095.1)
21		Sec. 5-1095.1. County franchise fee or service provider fee
22		review; requests for information.
23		(a) If pursuant to its franchise agreement with a community
24		antenna television system (CATV) operator, a county imposes a

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1		franchise fee authorized by 47 U.S.C. 542 or if a community
2		antenna television system (CATV) operator providing cable or
3		video service in that county is required to pay the service
4		provider fees imposed by the Cable and Video Competition Law of
5		2007, then the county may conduct an audit of that CATV
6		operator's franchise fees or service provider fees derived from
7		the provision of cable and video services to subscribers within
8		the franchise area to determine whether the amount of franchise
9		fees or service provider fees paid by that CATV operator to the
10		county was accurate. Any audit conducted under this subsection
11		(a) shall determine, for a period of not more than 4 years
12		after the date the franchise fees or service provider fees were
13		due, any overpayment or underpayment to the county by the CATV
14		operator, and the amount due to the county or CATV operator is
15		limited to the net difference.
16		(b) Not more than once every 2 years, a county or its agent
17		that is authorized to perform an audit as set forth in
18		subsection (a) that has imposed a franchise fee authorized by
19		47 U.S.C. 542 may, subject to the limitations and protections
20		stated in the Local Government Taxpayers' Bill of Rights Act,
21		request information from the CATV operator in the format
22		maintained by the CATV operator in the ordinary course of its
23		business that the county reasonably requires in order to
24		perform an audit under subsection (a). The information that may
25		be requested by the county includes without limitation the
26		following:

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1		(1) in an electronic format used by the CATV operator
2		in the ordinary course of its business, the database used
3		by the CATV operator to determine the amount of the
4		franchise fee or service provider fee due to the county;
5		and
6		(2) in a format used by the CATV operator in the
7		ordinary course of its business, summary data, as needed by
8		the county, to determine the CATV operator's franchise fees
9		or service provider fees derived from the provision of
10		cable and video services to subscribers within the CATV
11		operator's franchise area.
12		(c) The CATV operator must provide the information
13		requested under subsection (b) within:
14		(1) 60 days after the receipt of the request if the
15		population of the requesting county is 500,000 or less; or
16		(2) 90 days after the receipt of the request if the
17		population of the requesting county exceeds 500,000.
18		The time in which a CATV operator must provide the
19		information requested under subsection (b) may be extended by
20		written an agreement between the county or its agent and the
21		CATV operator.
22		(c-5) The county or its agent must provide an initial
23		report of its audit findings to the CATV operator no later than
24		90 days after the information set forth in subsection (b) of
25		this Section has been provided by the CATV operator. This
26		90-day timeline may be extended one time by written agreement

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1		between the county or its agent and the CATV operator. However,
2		in no event shall an extension of time exceed 90 days. This
3		initial report of audit findings shall detail the basis of its
4		findings and provide, but not be limited to, the following
5		information: (i) any overpayments of franchise fees or service
6		provider fees, (ii) any underpayments of franchise fees or
7		service provider fees, (iii) all county addresses that should
8		be included in the CATV operator's database and attributable to
9		that county for determination of franchise fees or service
10		provider fees, and (iv) addresses that should not be included
11		in the CATV operator's database and addresses that are not
12		attributable to that county for determination of franchise fees
13		or service provider fees. Generally accepted auditing
14		standards shall be utilized by the county and its agents in its
15		review of information provided by the CATV operator.
16		(c-10) In the event that the county or its agent does not
17		provide the initial report of the audit findings to the CATV
18		operator with the timeframes set forth in subsection (c-5) of
19		this Section, then the audit shall be deemed completed and to
20		have conclusively found that there was no overpayment or
21		underpayment by the CATV operator during the 24 months prior to
22		the county or its agents requesting the information set forth
23		in subsection (b) of this Section.
24		(d) If an audit by the county or its agents finds an error
25		by the CATV operator in the amount of the franchise fees or
26		service provider fees paid by the CATV operator to the county,

SB0096 Enrolled - 36 - LRB099 04130 HAF 24150 b
1		then the county shall may notify the CATV operator of the
2		error. Any such notice must be given to the CATV operator by
3		the county or its agent within 90 days after the county or its
4		agent discovers the error, and no later than 4 years after the
5		date the franchise fee or service provider fee was due. Upon
6		such a notice, the CATV operator must submit a written response
7		within 60 days after receipt of the notice stating that the
8		CATV operator has corrected the error on a prospective basis or
9		stating the reason that the error is inapplicable or
10		inaccurate. The county or its agent then has 60 days after the
11		receipt of the CATV operator's response to review and contest
12		the conclusion of the CATV operator. No legal proceeding to
13		collect a deficiency or overpayment based upon an alleged error
14		shall be commenced unless within 180 days after the county's
15		notification of the error to the CATV operator the parties are
16		unable to agree on the disposition of the audit findings.
17		Any legal proceeding to collect a deficiency as set forth
18		in this subsection (d) shall be filed in the appropriate
19		circuit court.
20		(e) No CATV operator is liable for any error in past
21		franchise fee or service provider fee payments that was unknown
22		by the CATV operator prior to the audit process unless (i) the
23		error was due to negligence on the part of the CATV operator in
24		the collection or processing of required data and (ii) the
25		county had not failed to respond in writing in a timely manner
26		to any written request of the CATV operator to review and

SB0096 Enrolled - 37 - LRB099 04130 HAF 24150 b
1		correct information used by the CATV operator to calculate the
2		appropriate franchise fees or service provider fees if a
3		diligent review of such information by the county reasonably
4		could have been expected to discover such error.
5		(f) All account specific information provided by a CATV
6		operator under this Section may be used only for the purpose of
7		an audit conducted under this Section and the enforcement of
8		any franchise fee or service provider fee delinquent claim. All
9		such information must be held in strict confidence by the
10		county and its agents and may not be disclosed to the public
11		under the Freedom of Information Act or under any other similar
12		statutes allowing for or requiring public disclosure.
13		(f-5) All contracts by and between a county and a third
14		party for the purposes of conducting an audit as contemplated
15		in this Code shall be disclosed to the public under the Freedom
16		of Information Act or under similar statutes allowing for or
17		requiring public disclosure.
18		(g) For the purposes of this Section, "CATV operator" means
19		a person or entity that provides cable and video services under
20		a franchise agreement with a county pursuant to Section 5-1095
21		of the Counties Code and a holder authorized under Section
22		21-401 of the Cable and Video Competition Law of 2007 as
23		consistent with Section 21-901 of that Law.
24		(h) This Section does not apply to any action that was
25		commenced, to any complaint that was filed, or to any audit
26		that was commenced before the effective date of this amendatory

SB0096 Enrolled - 38 - LRB099 04130 HAF 24150 b
1		Act of the 96th General Assembly. This Section also does not
2		apply to any franchise agreement that was entered into before
3		the effective date of this amendatory Act of the 96th General
4		Assembly unless the franchise agreement contains audit
5		provisions but no specifics regarding audit procedures.
6		(i) The provisions of this Section shall not be construed
7		as diminishing or replacing any civil remedy available to a
8		county, taxpayer, or tax collector.
9		(j) If a contingent fee is paid to an auditor, then the
10		payment must be based upon the net difference of the complete
11		audit.
12		(k) Within 90 days after the effective date of this
13		amendatory Act of the 96th General Assembly, a county shall
14		provide to any CATV operator a complete list of addresses
15		within the corporate limits of the county and shall annually
16		update the list.
17		(l) This Section is a denial and limitation of home rule
18		powers and functions under subsection (h) of Section 6 of
19		Article VII of the Illinois Constitution.
20		(Source: P.A. 96-1422, eff. 8-3-10.)
21		Section 1-33. The Illinois Municipal Code is amended by
22		changing Section 11-42-11.05 as follows:
23		(65 ILCS 5/11-42-11.05)
24		Sec. 11-42-11.05. Municipal franchise fee or service

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1		provider fee review; requests for information.
2		(a) If pursuant to its franchise agreement with a community
3		antenna television system (CATV) operator, a municipality
4		imposes a franchise fee authorized by 47 U.S.C. 542 or if a
5		community antenna television system (CATV) operator providing
6		cable or video service in that municipality is required to pay
7		the service provider fees imposed by the Cable and Video
8		Competition Law of 2007, then the municipality may conduct an
9		audit of that CATV operator's franchise fees or service
10		provider fees derived from the provision of cable and video
11		services to subscribers within the franchise area to determine
12		whether the amount of franchise fees or service provider fees
13		paid by that CATV operator to the municipality was accurate.
14		Any audit conducted under this subsection (a) shall determine,
15		for a period of not more than 4 years after the date the
16		franchise fees or service provider fees were due, any
17		overpayment or underpayment to the municipality by the CATV
18		operator, and the amount due to the municipality or CATV
19		operator is limited to the net difference.
20		(b) Not more than once every 2 years, a municipality or its
21		agent that is authorized to perform an audit as set forth in
22		subsection (a) of this Section that has imposed a franchise fee
23		authorized by 47 U.S.C. 542 may, subject to the limitations and
24		protections stated in the Local Government Taxpayers' Bill of
25		Rights Act, request information from the CATV operator in the
26		format maintained by the CATV operator in the ordinary course

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1		of its business that the municipality reasonably requires in
2		order to perform an audit under subsection (a). The information
3		that may be requested by the municipality includes without
4		limitation the following:
5		(1) in an electronic format used by the CATV operator
6		in the ordinary course of its business, the database used
7		by the CATV operator to determine the amount of the
8		franchise fee or service provider fee due to the
9		municipality; and
10		(2) in a format used by the CATV operator in the
11		ordinary course of its business, summary data, as needed by
12		the municipality, to determine the CATV operator's
13		franchise fees or service provider fees derived from the
14		provision of cable and video services to subscribers within
15		the CATV operator's franchise area.
16		(c) The CATV operator must provide the information
17		requested under subsection (b) within:
18		(1) 60 days after the receipt of the request if the
19		population of the requesting municipality is 500,000 or
20		less; or
21		(2) 90 days after the receipt of the request if the
22		population of the requesting municipality exceeds 500,000.
23		The time in which a CATV operator must provide the
24		information requested under subsection (b) may be extended by
25		written an agreement between the municipality or its agent and
26		the CATV operator.

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1		(c-5) The municipality or its agent must provide an initial
2		report of its audit findings to the CATV operator no later than
3		90 days after the information set forth in subsection (b) of
4		this Section has been provided by the CATV operator. This
5		90-day timeline may be extended one time by written agreement
6		between the municipality or its agents and the CATV operator.
7		However, in no event shall an extension of time exceed 90 days.
8		This initial report of audit findings shall detail the basis of
9		its findings and provide, but not be limited to, the following
10		information: (i) any overpayments of franchise fees or service
11		provider fees, (ii) any underpayments of franchise fees or
12		service provider fees, (iii) all municipal addresses that
13		should be included in the CATV operator's database and
14		attributable to that municipality for determination of
15		franchise fees or service provider fees, and (iv) addresses
16		that should not be included in the CATV operator's database and
17		addresses that are not attributable to that municipality for
18		determination of franchise fees or service provider fees.
19		Generally accepted auditing standards shall be utilized by the
20		municipality and its agents in its review of information
21		provided by the CATV operator.
22		(c-10) In the event that the municipality or its agent does
23		not provide the initial report of the audit findings to the
24		CATV operator with the timeframes set forth in subsection (c-5)
25		of this Section, then the audit shall be deemed completed and
26		to have conclusively found that there was no overpayment or

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1		underpayment by the CATV operator during the 24 months prior to
2		the municipality or its agents requesting the information set
3		forth in subsection (b) of this Section.
4		(d) If an audit by the municipality or its agents finds an
5		error by the CATV operator in the amount of the franchise fees
6		or service provider fees paid by the CATV operator to the
7		municipality, then the municipality shall may notify the CATV
8		operator of the error. Any such notice must be given to the
9		CATV operator by the municipality or its agent within 90 days
10		after the municipality or its agent discovers the error, and no
11		later than 4 years after the date the franchise fee or service
12		provider fee was due. Upon such a notice, the CATV operator
13		must submit a written response within 60 days after receipt of
14		the notice stating that the CATV operator has corrected the
15		error on a prospective basis or stating the reason that the
16		error is inapplicable or inaccurate. The municipality or its
17		agent then has 60 days after the receipt of the CATV operator's
18		response to review and contest the conclusion of the CATV
19		operator. No legal proceeding to collect a deficiency or
20		overpayment based upon an alleged error shall be commenced
21		unless within 180 days after the municipality's notification of
22		the error to the CATV operator the parties are unable to agree
23		on the disposition of the audit findings.
24		Any legal proceeding to collect a deficiency as set forth
25		in this subsection (d) shall be filed in the appropriate
26		circuit court.

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1		(e) No CATV operator is liable for any error in past
2		franchise fee or service provider fee payments that was unknown
3		by the CATV operator prior to the audit process unless (i) the
4		error was due to negligence on the part of the CATV operator in
5		the collection or processing of required data and (ii) the
6		municipality had not failed to respond in writing in a timely
7		manner to any written request of the CATV operator to review
8		and correct information used by the CATV operator to calculate
9		the appropriate franchise fees or service provider fees if a
10		diligent review of such information by the municipality
11		reasonably could have been expected to discover such error.
12		(f) All account specific information provided by a CATV
13		operator under this Section may be used only for the purpose of
14		an audit conducted under this Section and the enforcement of
15		any franchise fee or service provider fee delinquent claim. All
16		such information must be held in strict confidence by the
17		municipality and its agents and may not be disclosed to the
18		public under the Freedom of Information Act or under any other
19		similar statutes allowing for or requiring public disclosure.
20		(f-5) All contracts by and between a municipality and a
21		third party for the purposes of conducting an audit as
22		contemplated in this Article shall be disclosed to the public
23		under the Freedom of Information Act or under similar statutes
24		allowing for or requiring public disclosure.
25		(g) For the purposes of this Section, "CATV operator" means
26		a person or entity that provides cable and video services under

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1		a franchise agreement with a municipality pursuant to Section
2		11-42-11 of the Municipal Code and a holder authorized under
3		Section 21-401 of the Cable and Video Competition Law of 2007
4		as consistent with Section 21-901 of that Law.
5		(h) This Section does not apply to any action that was
6		commenced, to any complaint that was filed, or to any audit
7		that was commenced before the effective date of this amendatory
8		Act of the 96th General Assembly. This Section also does not
9		apply to any franchise agreement that was entered into before
10		the effective date of this amendatory Act of the 96th General
11		Assembly unless the franchise agreement contains audit
12		provisions but no specifics regarding audit procedures.
13		(i) The provisions of this Section shall not be construed
14		as diminishing or replacing any civil remedy available to a
15		municipality, taxpayer, or tax collector.
16		(j) If a contingent fee is paid to an auditor, then the
17		payment must be based upon the net difference of the complete
18		audit.
19		(k) Within 90 days after the effective date of this
20		amendatory Act of the 96th General Assembly, a municipality
21		shall provide to any CATV operator a complete list of addresses
22		within the corporate limits of the municipality and shall
23		annually update the list.
24		(l) This Section is a denial and limitation of home rule
25		powers and functions under subsection (h) of Section 6 of
26		Article VII of the Illinois Constitution.

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1		(m) This Section does not apply to any municipality having
2		a population of more than 1,000,000.
3		(Source: P.A. 96-1422, eff. 8-3-10.)
4		Section 1-35. The Public Utilities Act is amended by
5		changing Sections 13-506.2, 13-703, 13-1200, 21-401, 21-801,
6		21-901, 21-1001, and 21-1601 as follows:
7		(220 ILCS 5/13-506.2)
8		(Section scheduled to be repealed on July 1, 2015)
9		Sec. 13-506.2. Market regulation for competitive retail
10		services.
11		(a) Definitions. As used in this Section:
12		(1) "Electing Provider" means a telecommunications
13		carrier that is subject to either rate regulation pursuant
14		to Section 13-504 or Section 13-505 or alternative
15		regulation pursuant to Section 13-506.1 and that elects to
16		have the rates, terms, and conditions of its competitive
17		retail telecommunications services solely determined and
18		regulated pursuant to the terms of this Article.
19		(2) "Basic local exchange service" means either a
20		stand-alone residence network access line and per-call
21		usage or, for any geographic area in which such stand-alone
22		service is not offered, a stand-alone flat rate residence
23		network access line for which local calls are not charged
24		for frequency or duration. Extended Area Service shall be

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1		included in basic local exchange service.
2		(3) "Existing customer" means a residential customer
3		who was subscribing to one of the optional packages
4		described in subsection (d) of this Section as of the
5		effective date of this amendatory Act of the 99th General
6		Assembly. A customer who was subscribing to one of the
7		optional packages on that date but stops subscribing
8		thereafter shall not be considered an "existing customer"
9		as of the date the customer stopped subscribing to the
10		optional package, unless the stoppage is temporary and
11		caused by the customer changing service address locations,
12		or unless the customer resumes subscribing and is eligible
13		to receive discounts on monthly telephone service under the
14		federal Lifeline program, 47 C.F.R. Part 54, Subpart E.
15		(4) "New customer" means a residential customer who was
16		not subscribing to one of the optional packages described
17		in subsection (d) of this Section as of the effective date
18		of this amendatory Act of the 99th General Assembly and who
19		is eligible to receive discounts on monthly telephone
20		service under the federal Lifeline program, 47 C.F.R. Part
21		54, Subpart E.
22		(b) Election for market regulation. Notwithstanding any
23		other provision of this Act, an Electing Provider may elect to
24		have the rates, terms, and conditions of its competitive retail
25		telecommunications services solely determined and regulated
26		pursuant to the terms of this Section by filing written notice

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1		of its election for market regulation with the Commission. The
2		notice of election shall designate the geographic area of the
3		Electing Provider's service territory where the market
4		regulation shall apply, either on a state-wide basis or in one
5		or more specified Market Service Areas ("MSA") or Exchange
6		areas. An Electing Provider shall not make an election for
7		market regulation under this Section unless it commits in its
8		written notice of election for market regulation to fulfill the
9		conditions and requirements in this Section in each geographic
10		area in which market regulation is elected. Immediately upon
11		filing the notice of election for market regulation, the
12		Electing Provider shall be subject to the jurisdiction of the
13		Commission to the extent expressly provided in this Section.
14		(c) Competitive classification. Market regulation shall be
15		available for competitive retail telecommunications services
16		as provided in this subsection.
17		(1) For geographic areas in which telecommunications
18		services provided by the Electing Provider were classified
19		as competitive either through legislative action or a
20		tariff filing pursuant to Section 13-502 prior to January
21		1, 2010, and that are included in the Electing Provider's
22		notice of election pursuant to subsection (b) of this
23		Section, such services, and all recurring and nonrecurring
24		charges associated with, related to or used in connection
25		with such services, shall be classified as competitive
26		without further Commission review. For services classified

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1		as competitive pursuant to this subsection, the
2		requirements or conditions in any order or decision
3		rendered by the Commission pursuant to Section 13-502 prior
4		to the effective date of this amendatory Act of the 96th
5		General Assembly, except for the commitments made by the
6		Electing Provider in such order or decision concerning the
7		optional packages required in subsection (d) of this
8		Section and basic local exchange service as defined in this
9		Section, shall no longer be in effect and no Commission
10		investigation, review, or proceeding under Section 13-502
11		shall be continued, conducted, or maintained with respect
12		to such services, charges, requirements, or conditions. If
13		an Electing Provider has ceased providing optional
14		packages to customers pursuant to subdivision (d)(8) of
15		this Section, the commitments made by the Electing Provider
16		in such order or decision concerning the optional packages
17		under subsection (d) of this Section shall no longer be in
18		effect and no Commission investigation, review, or
19		proceeding under Section 13-502 shall be continued,
20		conducted, or maintained with respect to such packages.
21		(2) For those geographic areas in which residential
22		local exchange telecommunications services have not been
23		classified as competitive as of the effective date of this
24		amendatory Act of the 96th General Assembly, all
25		telecommunications services provided to residential and
26		business end users by an Electing Provider in the

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1		geographic area that is included in its notice of election
2		pursuant to subsection (b) shall be classified as
3		competitive for purposes of this Article without further
4		Commission review.
5		(3) If an Electing Provider was previously subject to
6		alternative regulation pursuant to Section 13-506.1 of
7		this Article, the alternative regulation plan shall
8		terminate in whole for all services subject to that plan
9		and be of no force or effect, without further Commission
10		review or action, when the Electing Provider's residential
11		local exchange telecommunications service in each MSA in
12		its telecommunications service area in the State has been
13		classified as competitive pursuant to either subdivision
14		(c)(1) or (c)(2) of this Section.
15		(4) The service packages described in Section 13-518
16		shall be classified as competitive for purposes of this
17		Section if offered by an Electing Provider in a geographic
18		area in which local exchange telecommunications service
19		has been classified as competitive pursuant to either
20		subdivision (c)(1) or (c)(2) of this Section.
21		(5) Where a service, or its functional equivalent, or a
22		substitute service offered by a carrier that is not an
23		Electing Provider or the incumbent local exchange carrier
24		for that area is also being offered by an Electing Provider
25		for some identifiable class or group of customers in an
26		exchange, group of exchanges, or some other clearly defined

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1		geographical area, the service offered by a carrier that is
2		not an Electing Provider or the incumbent local exchange
3		carrier for that area shall be classified as competitive
4		without further Commission review.
5		(6) Notwithstanding any other provision of this Act,
6		retail telecommunications services classified as
7		competitive pursuant to Section 13-502 or subdivision
8		(c)(5) of this Section shall have their rates, terms, and
9		conditions solely determined and regulated pursuant to the
10		terms of this Section in the same manner and to the same
11		extent as the competitive retail telecommunications
12		services of an Electing Provider, except that subsections
13		(d), (g), and (j) of this Section shall not apply to a
14		carrier that is not an Electing Provider or to the
15		competitive telecommunications services of a carrier that
16		is not an Electing Provider. The access services of a
17		carrier that is not an Electing Provider shall remain
18		subject to Section 13-900.2. The requirements in
19		subdivision (e)(3) of this Section shall not apply to
20		retail telecommunications services classified as
21		competitive pursuant to Section 13-502 or subdivision
22		(c)(5) of this Section, except that, upon request from the
23		Commission, the telecommunications carrier providing
24		competitive retail telecommunications services shall
25		provide a report showing the number of credits and
26		exemptions for the requested time period.

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1		(d) Consumer choice safe harbor options.
2		(1) Subject to subdivision (d)(8) of this Section, an
3		An Electing Provider in each of the MSA or Exchange areas
4		classified as competitive pursuant to subdivision (c)(1)
5		or (c)(2) of this Section shall offer to all residential
6		customers who choose to subscribe the following optional
7		packages of services priced at the same rate levels in
8		effect on January 1, 2010:
9		(A) A basic package, which shall consist of a
10		stand-alone residential network access line and 30
11		local calls. If the Electing Provider offers a
12		stand-alone residential access line and local usage on
13		a per call basis, the price for the basic package shall
14		be the Electing Provider's applicable price in effect
15		on January 1, 2010 for the sum of a residential access
16		line and 30 local calls, additional calls over 30 calls
17		shall be provided at the current per call rate.
18		However, this basic package is not required if
19		stand-alone residential network access lines or
20		per-call local usage are not offered by the Electing
21		Provider in the geographic area on January 1, 2010 or
22		if the Electing Provider has not increased its
23		stand-alone network access line and local usage rates,
24		including Extended Area Service rates, since January
25		1, 2010.
26		(B) An extra package, which shall consist of

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1		residential basic local exchange network access line
2		and unlimited local calls. The price for the extra
3		package shall be the Electing Provider's applicable
4		price in effect on January 1, 2010 for a residential
5		access line with unlimited local calls.
6		(C) A plus package, which shall consist of
7		residential basic local exchange network access line,
8		unlimited local calls, and the customer's choice of 2
9		vertical services offered by the Electing Provider.
10		The term "vertical services" as used in this
11		subsection, includes, but is not limited to, call
12		waiting, call forwarding, 3-way calling, caller ID,
13		call tracing, automatic callback, repeat dialing, and
14		voicemail. The price for the plus package shall be the
15		Electing Provider's applicable price in effect on
16		January 1, 2010 for the sum of a residential access
17		line with unlimited local calls and 2 times the average
18		price for the vertical features included in the
19		package.
20		(2) Subject to subdivision (d)(8) of this Section, for
21		For those geographic areas in which local exchange
22		telecommunications services were classified as competitive
23		on the effective date of this amendatory Act of the 96th
24		General Assembly, an Electing Provider in each such MSA or
25		Exchange area shall be subject to the same terms and
26		conditions as provided in commitments made by the Electing

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1		Provider in connection with such previous competitive
2		classifications, which shall apply with equal force under
3		this Section, except as follows: (i) the limits on price
4		increases on the optional packages required by this Section
5		shall be extended consistent with subsection (d)(1) of this
6		Section and (ii) the price for the extra package required
7		by subsection (d)(1)(B) shall be reduced by one dollar from
8		the price in effect on January 1, 2010. In addition, if an
9		Electing Provider obtains a competitive classification
10		pursuant to subsection (c)(1) and (c)(2), the price for the
11		optional packages shall be determined in such area in
12		compliance with subsection (d)(1), except the price for the
13		plus package required by subsection (d)(1) (C) shall be the
14		lower of the price for such area or the price of the plus
15		package in effect on January 1, 2010 for areas classified
16		as competitive pursuant to subsection (c)(1).
17		(3) To the extent that the requirements in Section
18		13-518 applied to a telecommunications carrier prior to the
19		effective date of this Section and that telecommunications
20		carrier becomes an Electing Provider in accordance with the
21		provisions of this Section, the requirements in Section
22		13-518 shall cease to apply to that Electing Provider in
23		those geographic areas included in the Electing Provider's
24		notice of election pursuant to subsection (b) of this
25		Section.
26		(4) Subject to subdivision (d)(8) of this Section, an

SB0096 Enrolled - 54 - LRB099 04130 HAF 24150 b
1		An Electing Provider shall make the optional packages
2		required by this subsection and stand-alone residential
3		network access lines and local usage, where offered,
4		readily available to the public by providing information,
5		in a clear manner, to residential customers. Information
6		shall be made available on a website, and an Electing
7		Provider shall provide notification to its customers every
8		6 months, provided that notification may consist of a bill
9		page message that provides an objective description of the
10		safe harbor options that includes a telephone number and
11		website address where the customer may obtain additional
12		information about the packages from the Electing Provider.
13		The optional packages shall be offered on a monthly basis
14		with no term of service requirement. An Electing Provider
15		shall allow online electronic ordering of the optional
16		packages and stand-alone residential network access lines
17		and local usage, where offered, on its website in a manner
18		similar to the online electronic ordering of its other
19		residential services.
20		(5) Subject to subdivision (d)(8) of this Section, an
21		An Electing Provider shall comply with the Commission's
22		existing rules, regulations, and notices in Title 83, Part
23		735 of the Illinois Administrative Code when offering or
24		providing the optional packages required by this
25		subsection (d) and stand-alone residential network access
26		lines.

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1		(6) Subject to subdivision (d)(8) of this Section, an
2		An Electing Provider shall provide to the Commission
3		semi-annual subscribership reports as of June 30 and
4		December 31 that contain the number of its customers
5		subscribing to each of the consumer choice safe harbor
6		packages required by subsection (d)(1) of this Section and
7		the number of its customers subscribing to retail
8		residential basic local exchange service as defined in
9		subsection (a)(2) of this Section. The first semi-annual
10		reports shall be made on April 1, 2011 for December 31,
11		2010, and on September 1, 2011 for June 30, 2011, and
12		semi-annually on April 1 and September 1 thereafter. Such
13		subscribership information shall be accorded confidential
14		and proprietary treatment upon request by the Electing
15		Provider.
16		(7) The Commission shall have the power, after notice
17		and hearing as provided in this Article, upon complaint or
18		upon its own motion, to take corrective action if the
19		requirements of this Section are not complied with by an
20		Electing Provider.
21		(8) On and after the effective date of this amendatory
22		Act of the 99th General Assembly, an Electing Provider
23		shall continue to offer and provide the optional packages
24		described in this subsection (d) to existing customers and
25		new customers. On and after July 1, 2017, an Electing
26		Provider may immediately stop offering the optional

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1		packages described in this subsection (d) and, upon
2		providing two notices to affected customers and to the
3		Commission, may stop providing the optional packages
4		described in this subsection (d) to all customers who
5		subscribe to one of the optional packages. The first notice
6		shall be provided at least 90 days before the date upon
7		which the Electing Provider intends to stop providing the
8		optional packages, and the second notice must be provided
9		at least 30 days before that date. The first notice shall
10		not be provided prior to July 1, 2017. Each notice must
11		identify the date on which the Electing Provider intends to
12		stop providing the optional packages, at least one
13		alternative service available to the customer, and a
14		telephone number by which the customer may contact a
15		service representative of the Electing Provider. After
16		July 1, 2017 with respect to new customers, and upon the
17		expiration of the second notice period with respect to
18		customers who were subscribing to one of the optional
19		packages, subdivisions (d)(1), (d)(2), (d)(4), (d)(5),
20		(d)(6), and (d)(7) of this Section shall not apply to the
21		Electing Provider. Notwithstanding any other provision of
22		this Article, an Electing Provider that has ceased
23		providing the optional packages under this subdivision
24		(d)(8) is not subject to Section 13-301(1)(c) of this Act.
25		Notwithstanding any other provision of this Act, and
26		subject to subdivision (d)(7) of this Section, the

SB0096 Enrolled - 57 - LRB099 04130 HAF 24150 b
1		Commission's authority over the discontinuance of the
2		optional packages described in this subsection (d) by an
3		Electing Provider shall be governed solely by this
4		subsection (d)(8).
5		(e) Service quality and customer credits for basic local
6		exchange service.
7		(1) An Electing Provider shall meet the following
8		service quality standards in providing basic local
9		exchange service, which for purposes of this subsection
10		(e), includes both basic local exchange service and any the
11		consumer choice safe harbor options that may be required by
12		subsection (d) of this Section.
13		(A) Install basic local exchange service within 5
14		business days after receipt of an order from the
15		customer unless the customer requests an installation
16		date that is beyond 5 business days after placing the
17		order for basic service and to inform the customer of
18		the Electing Provider's duty to install service within
19		this timeframe. If installation of service is
20		requested on or by a date more than 5 business days in
21		the future, the Electing Provider shall install
22		service by the date requested.
23		(B) Restore basic local exchange service for the
24		customer within 30 hours after receiving notice that
25		the customer is out of service.
26		(C) Keep all repair and installation appointments

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1		for basic local exchange service if a customer premises
2		visit requires a customer to be present. The
3		appointment window shall be either a specific time or,
4		at a maximum, a 4-hour time block during evening,
5		weekend, and normal business hours.
6		(D) Inform a customer when a repair or installation
7		appointment requires the customer to be present.
8		(2) Customers shall be credited by the Electing
9		Provider for violations of basic local exchange service
10		quality standards described in subdivision (e)(1) of this
11		Section. The credits shall be applied automatically on the
12		statement issued to the customer for the next monthly
13		billing cycle following the violation or following the
14		discovery of the violation. The next monthly billing cycle
15		following the violation or the discovery of the violation
16		means the billing cycle immediately following the billing
17		cycle in process at the time of the violation or discovery
18		of the violation, provided the total time between the
19		violation or discovery of the violation and the issuance of
20		the credit shall not exceed 60 calendar days. The Electing
21		Provider is responsible for providing the credits and the
22		customer is under no obligation to request such credits.
23		The following credits shall apply:
24		(A) If an Electing Provider fails to repair an
25		out-of-service condition for basic local exchange
26		service within 30 hours, the Electing Provider shall

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1		provide a credit to the customer. If the service
2		disruption is for more than 30 hours, but not more than
3		48 hours, the credit must be equal to a pro-rata
4		portion of the monthly recurring charges for all basic
5		local exchange services disrupted. If the service
6		disruption is for more than 48 hours, but not more than
7		72 hours, the credit must be equal to at least 33% of
8		one month's recurring charges for all local services
9		disrupted. If the service disruption is for more than
10		72 hours, but not more than 96 hours, the credit must
11		be equal to at least 67% of one month's recurring
12		charges for all basic local exchange services
13		disrupted. If the service disruption is for more than
14		96 hours, but not more than 120 hours, the credit must
15		be equal to one month's recurring charges for all basic
16		local exchange services disrupted. For each day or
17		portion thereof that the service disruption continues
18		beyond the initial 120-hour period, the Electing
19		Provider shall also provide an additional credit of $20
20		per calendar day.
21		(B) If an Electing Provider fails to install basic
22		local exchange service as required under subdivision
23		(e)(1) of this Section, the Electing Provider shall
24		waive 50% of any installation charges, or in the
25		absence of an installation charge or where
26		installation is pursuant to the Link Up program, the

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1		Electing Provider shall provide a credit of $25. If an
2		Electing Provider fails to install service within 10
3		business days after the service application is placed,
4		or fails to install service within 5 business days
5		after the customer's requested installation date, if
6		the requested date was more than 5 business days after
7		the date of the order, the Electing Provider shall
8		waive 100% of the installation charge, or in the
9		absence of an installation charge or where
10		installation is provided pursuant to the Link Up
11		program, the Electing Provider shall provide a credit
12		of $50. For each day that the failure to install
13		service continues beyond the initial 10 business days,
14		or beyond 5 business days after the customer's
15		requested installation date, if the requested date was
16		more than 5 business days after the date of the order,
17		the Electing Provider shall also provide an additional
18		credit of $20 per calendar day until the basic local
19		exchange service is installed.
20		(C) If an Electing Provider fails to keep a
21		scheduled repair or installation appointment when a
22		customer premises visit requires a customer to be
23		present as required under subdivision (e)(1) of this
24		Section, the Electing Provider shall credit the
25		customer $25 per missed appointment. A credit required
26		by this subdivision does not apply when the Electing

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1		Provider provides the customer notice of its inability
2		to keep the appointment no later than 8:00 pm of the
3		day prior to the scheduled date of the appointment.
4		(D) Credits required by this subsection do not
5		apply if the violation of a service quality standard:
6		(i) occurs as a result of a negligent or
7		willful act on the part of the customer;
8		(ii) occurs as a result of a malfunction of
9		customer-owned telephone equipment or inside
10		wiring;
11		(iii) occurs as a result of, or is extended by,
12		an emergency situation as defined in 83 Ill. Adm.
13		Code 732.10;
14		(iv) is extended by the Electing Provider's
15		inability to gain access to the customer's
16		premises due to the customer missing an
17		appointment, provided that the violation is not
18		further extended by the Electing Provider;
19		(v) occurs as a result of a customer request to
20		change the scheduled appointment, provided that
21		the violation is not further extended by the
22		Electing Provider;
23		(vi) occurs as a result of an Electing
24		Provider's right to refuse service to a customer as
25		provided in Commission rules; or
26		(vii) occurs as a result of a lack of

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1		facilities where a customer requests service at a
2		geographically remote location, where a customer
3		requests service in a geographic area where the
4		Electing Provider is not currently offering
5		service, or where there are insufficient
6		facilities to meet the customer's request for
7		service, subject to an Electing Provider's
8		obligation for reasonable facilities planning.
9		(3) Each Electing Provider shall provide to the
10		Commission on a quarterly basis and in a form suitable for
11		posting on the Commission's website in conformance with the
12		rules adopted by the Commission and in effect on April 1,
13		2010, a public report that includes the following data for
14		basic local exchange service quality of service:
15		(A) With regard to credits due in accordance with
16		subdivision (e)(2)(A) as a result of out-of-service
17		conditions lasting more than 30 hours:
18		(i) the total dollar amount of any customer
19		credits paid;
20		(ii) the number of credits issued for repairs
21		between 30 and 48 hours;
22		(iii) the number of credits issued for repairs
23		between 49 and 72 hours;
24		(iv) the number of credits issued for repairs
25		between 73 and 96 hours;
26		(v) the number of credits used for repairs

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1		between 97 and 120 hours;
2		(vi) the number of credits issued for repairs
3		greater than 120 hours; and
4		(vii) the number of exemptions claimed for
5		each of the categories identified in subdivision
6		(e)(2)(D).
7		(B) With regard to credits due in accordance with
8		subdivision (e)(2)(B) as a result of failure to install
9		basic local exchange service:
10		(i) the total dollar amount of any customer
11		credits paid;
12		(ii) the number of installations after 5
13		business days;
14		(iii) the number of installations after 10
15		business days;
16		(iv) the number of installations after 11
17		business days; and
18		(v) the number of exemptions claimed for each
19		of the categories identified in subdivision
20		(e)(2)(D).
21		(C) With regard to credits due in accordance with
22		subdivision (e)(2)(C) as a result of missed
23		appointments:
24		(i) the total dollar amount of any customer
25		credits paid;
26		(ii) the number of any customers receiving

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1		credits; and
2		(iii) the number of exemptions claimed for
3		each of the categories identified in subdivision
4		(e)(2)(D).
5		(D) The Electing Provider's annual report required
6		by this subsection shall also include, for
7		informational reporting, the performance data
8		described in subdivisions (e)(2)(A), (e)(2)(B), and
9		(e)(2)(C), and trouble reports per 100 access lines
10		calculated using the Commission's existing applicable
11		rules and regulations for such measures, including the
12		requirements for service standards established in this
13		Section.
14		(4) It is the intent of the General Assembly that the
15		service quality rules and customer credits in this
16		subsection (e) of this Section and other enforcement
17		mechanisms, including fines and penalties authorized by
18		Section 13-305, shall apply on a nondiscriminatory basis to
19		all Electing Providers. Accordingly, notwithstanding any
20		provision of any service quality rules promulgated by the
21		Commission, any alternative regulation plan adopted by the
22		Commission, or any other order of the Commission, any
23		Electing Provider that is subject to any other order of the
24		Commission and that violates or fails to comply with the
25		service quality standards promulgated pursuant to this
26		subsection (e) or any other order of the Commission shall

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1		not be subject to any fines, penalties, customer credits,
2		or enforcement mechanisms other than such fines or
3		penalties or customer credits as may be imposed by the
4		Commission in accordance with the provisions of this
5		subsection (e) and Section 13-305, which are to be
6		generally applicable to all Electing Providers. The amount
7		of any fines or penalties imposed by the Commission for
8		failure to comply with the requirements of this subsection
9		(e) shall be an appropriate amount, taking into account, at
10		a minimum, the Electing Provider's gross annual intrastate
11		revenue; the frequency, duration, and recurrence of the
12		violation; and the relative harm caused to the affected
13		customers or other users of the network. In imposing fines
14		and penalties, the Commission shall take into account
15		compensation or credits paid by the Electing Provider to
16		its customers pursuant to this subsection (e) in
17		compensation for any violation found pursuant to this
18		subsection (e), and in any event the fine or penalty shall
19		not exceed an amount equal to the maximum amount of a civil
20		penalty that may be imposed under Section 13-305.
21		(5) An Electing Provider in each of the MSA or Exchange
22		areas classified as competitive pursuant to subsection (c)
23		of this Section shall fulfill the requirements in
24		subdivision (e)(3) of this Section for 3 years after its
25		notice of election becomes effective. After such 3 years,
26		the requirements in subdivision (e)(3) of this Section

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1		shall not apply to such Electing Provider, except that,
2		upon request from the Commission, the Electing Provider
3		shall provide a report showing the number of credits and
4		exemptions for the requested time period.
5		(f) Commission jurisdiction over competitive retail
6		telecommunications services. Except as otherwise expressly
7		stated in this Section, the Commission shall thereafter have no
8		jurisdiction or authority over any aspect of competitive retail
9		telecommunications service of an Electing Provider in those
10		geographic areas included in the Electing Provider's notice of
11		election pursuant to subsection (b) of this Section or of a
12		retail telecommunications service classified as competitive
13		pursuant to Section 13-502 or subdivision (c)(5) of this
14		Section, heretofore subject to the jurisdiction of the
15		Commission, including but not limited to, any requirements of
16		this Article related to the terms, conditions, rates, quality
17		of service, availability, classification or any other aspect of
18		any competitive retail telecommunications services. No
19		telecommunications carrier shall commit any unfair or
20		deceptive act or practice in connection with any aspect of the
21		offering or provision of any competitive retail
22		telecommunications service. Nothing in this Article shall
23		limit or affect any provisions in the Consumer Fraud and
24		Deceptive Business Practices Act with respect to any unfair or
25		deceptive act or practice by a telecommunications carrier.
26		(g) Commission authority over access services upon

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1		election for market regulation.
2		(1) As part of its Notice of Election for Market
3		Regulation, the Electing Provider shall reduce its
4		intrastate switched access rates to rates no higher than
5		its interstate switched access rates in 4 installments. The
6		first reduction must be made 30 days after submission of
7		its complete application for Notice of Election for Market
8		Regulation, and the Electing Provider must reduce its
9		intrastate switched access rates by an amount equal to 33%
10		of the difference between its current intrastate switched
11		access rates and its current interstate switched access
12		rates. The second reduction must be made no later than one
13		year after the first reduction, and the Electing Provider
14		must reduce its then current intrastate switched access
15		rates by an amount equal to 41% of the difference between
16		its then current intrastate switched access rates and its
17		then current interstate switched access rates. The third
18		reduction must be made no later than one year after the
19		second reduction, and the Electing Provider must reduce its
20		then current intrastate switched access rates by an amount
21		equal to 50% of the difference between its then current
22		intrastate switched access rate and its then current
23		interstate switched access rates. The fourth reduction
24		must be made on or before June 30, 2013, and the Electing
25		Provider must reduce its intrastate switched access rate to
26		mirror its then current interstate switched access rates

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1		and rate structure. Following the fourth reduction, each
2		Electing Provider must continue to set its intrastate
3		switched access rates to mirror its interstate switched
4		access rates and rate structure. For purposes of this
5		subsection, the rate for intrastate switched access
6		service means the composite, per-minute rate for that
7		service, including all applicable fixed and
8		traffic-sensitive charges, including, but not limited to,
9		carrier common line charges.
10		(2) Nothing in paragraph (1) of this subsection (g)
11		prohibits an Electing Provider from electing to offer
12		intrastate switched access service at rates lower than its
13		interstate switched access rates.
14		(3) The Commission shall have no authority to order an
15		Electing Provider to set its rates for intrastate switched
16		access at a level lower than its interstate switched access
17		rates.
18		(4) The Commission's authority under this subsection
19		(g) shall only apply to Electing Providers under Market
20		Regulation. The Commission's authority over switched
21		access services for all other carriers is retained under
22		Section 13-900.2 of this Act.
23		(h) Safety of service equipment and facilities.
24		(1) An Electing Provider shall furnish, provide, and
25		maintain such service instrumentalities, equipment, and
26		facilities as shall promote the safety, health, comfort,

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1		and convenience of its patrons, employees, and public and
2		as shall be in all respects adequate, reliable, and
3		efficient without discrimination or delay. Every Electing
4		Provider shall provide service and facilities that are in
5		all respects environmentally safe.
6		(2) The Commission is authorized to conduct an
7		investigation of any Electing Provider or part thereof. The
8		investigation may examine the reasonableness, prudence, or
9		efficiency of any aspect of the Electing Provider's
10		operations or functions that may affect the adequacy,
11		safety, efficiency, or reliability of telecommunications
12		service. The Commission may conduct or order an
13		investigation only when it has reasonable grounds to
14		believe that the investigation is necessary to assure that
15		the Electing Provider is providing adequate, efficient,
16		reliable, and safe service. The Commission shall, before
17		initiating any such investigation, issue an order
18		describing the grounds for the investigation and the
19		appropriate scope and nature of the investigation, which
20		shall be reasonably related to the grounds relied upon by
21		the Commission in its order.
22		(i) (Blank).
23		(j) Application of Article VII. The provisions of Sections
24		7-101, 7-102, 7-104, 7-204, 7-205, and 7-206 of this Act are
25		applicable to an Electing Provider offering or providing retail
26		telecommunications service, and the Commission's regulation

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1		thereof, except that (1) the approval of contracts and
2		arrangements with affiliated interests required by paragraph
3		(3) of Section 7-101 shall not apply to such telecommunications
4		carriers provided that, except as provided in item (2), those
5		contracts and arrangements shall be filed with the Commission;
6		(2) affiliated interest contracts or arrangements entered into
7		by such telecommunications carriers where the increased
8		obligation thereunder does not exceed the lesser of $5,000,000
9		or 5% of such carrier's prior annual revenue from
10		noncompetitive services are not required to be filed with the
11		Commission; and (3) any consent and approval of the Commission
12		required by Section 7-102 is not required for the sale, lease,
13		assignment, or transfer by any Electing Provider of any
14		property that is not necessary or useful in the performance of
15		its duties to the public.
16		(k) Notwithstanding other provisions of this Section, the
17		Commission retains its existing authority to enforce the
18		provisions, conditions, and requirements of the following
19		Sections of this Article: 13-101, 13-103, 13-201, 13-301,
20		13-301.1, 13-301.2, 13-301.3, 13-303, 13-303.5, 13-304,
21		13-305, 13-401, 13-401.1, 13-402, 13-403, 13-404, 13-404.1,
22		13-404.2, 13-405, 13-406, 13-407, 13-501, 13-501.5, 13-503,
23		13-505, 13-509, 13-510, 13-512, 13-513, 13-514, 13-515,
24		13-516, 13-519, 13-702, 13-703, 13-704, 13-705, 13-706,
25		13-707, 13-709, 13-713, 13-801, 13-802.1, 13-804, 13-900,
26		13-900.1, 13-900.2, 13-901, 13-902, and 13-903, which are fully

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1		and equally applicable to Electing Providers and to
2		telecommunications carriers providing retail
3		telecommunications service classified as competitive pursuant
4		to Section 13-502 or subdivision (c)(5) of this Section subject
5		to the provisions of this Section. On the effective date of
6		this amendatory Act of the 98th General Assembly, the following
7		Sections of this Article shall cease to apply to Electing
8		Providers and to telecommunications carriers providing retail
9		telecommunications service classified as competitive pursuant
10		to Section 13-502 or subdivision (c)(5) of this Section:
11		13-302, 13-405.1, 13-502, 13-502.5, 13-504, 13-505.2,
12		13-505.3, 13-505.4, 13-505.5, 13-505.6, 13-506.1, 13-507,
13		13-507.1, 13-508, 13-508.1, 13-517, 13-518, 13-601, 13-701,
14		and 13-712.
15		(Source: P.A. 98-45, eff. 6-28-13.)
16		(220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)
17		(Section scheduled to be repealed on July 1, 2015)
18		Sec. 13-703. (a) The Commission shall design and implement
19		a program whereby each telecommunications carrier providing
20		local exchange service shall provide a telecommunications
21		device capable of servicing the needs of those persons with a
22		hearing or speech disability together with a single party line,
23		at no charge additional to the basic exchange rate, to any
24		subscriber who is certified as having a hearing or speech
25		disability by a licensed physician, speech-language

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1		pathologist, audiologist or a qualified State agency and to any
2		subscriber which is an organization serving the needs of those
3		persons with a hearing or speech disability as determined and
4		specified by the Commission pursuant to subsection (d).
5		(b) The Commission shall design and implement a program,
6		whereby each telecommunications carrier providing local
7		exchange service shall provide a telecommunications relay
8		system, using third party intervention to connect those persons
9		having a hearing or speech disability with persons of normal
10		hearing by way of intercommunications devices and the telephone
11		system, making available reasonable access to all phases of
12		public telephone service to persons who have a hearing or
13		speech disability. In order to design a telecommunications
14		relay system which will meet the requirements of those persons
15		with a hearing or speech disability available at a reasonable
16		cost, the Commission shall initiate an investigation and
17		conduct public hearings to determine the most cost-effective
18		method of providing telecommunications relay service to those
19		persons who have a hearing or speech disability when using
20		telecommunications devices and therein solicit the advice,
21		counsel, and physical assistance of Statewide nonprofit
22		consumer organizations that serve persons with hearing or
23		speech disabilities in such hearings and during the development
24		and implementation of the system. The Commission shall phase in
25		this program, on a geographical basis, as soon as is
26		practicable, but no later than June 30, 1990.

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1		(c) The Commission shall establish a competitively neutral
2		rate recovery mechanism that establishes , authorizing charges
3		in an amount to be determined by the Commission for each line
4		of a subscriber to allow telecommunications carriers providing
5		local exchange service to recover costs as they are incurred
6		under this Section. Beginning no later than April 1, 2016, and
7		on a yearly basis thereafter, the Commission shall initiate a
8		proceeding to establish the competitively neutral amount to be
9		charged or assessed to subscribers of telecommunications
10		carriers and wireless carriers, Interconnected VoIP service
11		providers and consumers of prepaid wireless telecommunications
12		service in a manner consistent with this subsection (c) and
13		subsection (f) of this Section. The Commission shall issue its
14		order establishing the competitively neutral amount to be
15		charged or assessed to subscribers of telecommunications
16		carriers and wireless carriers, Interconnected VoIP service
17		providers and purchasers of prepaid wireless
18		telecommunications service on or prior to June 1 of each year,
19		and such amount shall take effect June 1 of each year.
20		Telecommunications carriers, wireless carriers,
21		Interconnected VoIP service providers, and sellers of prepaid
22		wireless telecommunications service shall have 60 days from the
23		date the Commission files its order to implement the new rate
24		established by the order.
25		(d) The Commission shall determine and specify those
26		organizations serving the needs of those persons having a

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1		hearing or speech disability that shall receive a
2		telecommunications device and in which offices the equipment
3		shall be installed in the case of an organization having more
4		than one office. For the purposes of this Section,
5		"organizations serving the needs of those persons with hearing
6		or speech disabilities" means centers for independent living as
7		described in Section 12a of the Disabled Persons Rehabilitation
8		Act and not-for-profit organizations whose primary purpose is
9		serving the needs of those persons with hearing or speech
10		disabilities. The Commission shall direct the
11		telecommunications carriers subject to its jurisdiction and
12		this Section to comply with its determinations and
13		specifications in this regard.
14		(e) As used in this Section:
15		"Prepaid wireless telecommunications service" has the
16		meaning given to that term under Section 10 of the Prepaid
17		Wireless 9-1-1 Surcharge Act.
18		"Retail transaction" has the meaning given to that term
19		under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act.
20		"Seller" has the meaning given to that term under Section
21		10 of the Prepaid Wireless 9-1-1 Surcharge Act.
22		"Telecommunications , the phrase "telecommunications
23		carrier providing local exchange service" includes, without
24		otherwise limiting the meaning of the term, telecommunications
25		carriers which are purely mutual concerns, having no rates or
26		charges for services, but paying the operating expenses by

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1		assessment upon the members of such a company and no other
2		person.
3		"Wireless carrier" has the meaning given to that term under
4		Section 10 of the Wireless Emergency Telephone Safety Act.
5		(f) Interconnected VoIP service providers, sellers of
6		prepaid wireless telecommunications service, and wireless
7		carriers in Illinois shall collect and remit assessments
8		determined in accordance with this Section in a competitively
9		neutral manner in the same manner as a telecommunications
10		carrier providing local exchange service. However, the
11		assessment imposed on consumers of prepaid wireless
12		telecommunications service shall be collected by the seller
13		from the consumer and imposed per retail transaction as a
14		percentage of that retail transaction on all retail
15		transactions occurring in this State. The assessment on
16		subscribers of wireless carriers and consumers of prepaid
17		wireless telecommunications service shall not be imposed or
18		collected prior to June 1, 2016.
19		Sellers of prepaid wireless telecommunications service
20		shall remit the assessments to the Department of Revenue on the
21		same form and in the same manner which they remit the fee
22		collected under the Prepaid Wireless 9-1-1 Surcharge Act. For
23		the purposes of display on the consumers' receipts, the rates
24		of the fee collected under the Prepaid Wireless 9-1-1 Surcharge
25		Act and the assessment under this Section may be combined. In
26		administration and enforcement of this Section, the provisions

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1		of Sections 15 and 20 of the Prepaid Wireless 9-1-1 Surcharge
2		Act (except subsections (a), (a-5), (b-5), (e), and (e-5) of
3		Section 15 and subsections (c) and (e) of Section 20 of the
4		Prepaid Wireless 9-1-1 Surcharge Act and, from the effective
5		date of this amendatory Act of the 99th General Assembly, the
6		seller shall be permitted to deduct and retain 3% of the
7		assessments that are collected by the seller from consumers and
8		that are remitted and timely filed with the Department) that
9		are not inconsistent with this Section, shall apply, as far as
10		practicable, to the subject matter of this Section to the same
11		extent as if those provisions were included in this Section.
12		The Department shall deposit all assessments and penalties
13		collected under this Section into the Illinois
14		Telecommunications Access Corporation Fund, a special fund
15		created in the State treasury. On or before the 25th day of
16		each calendar month, the Department shall prepare and certify
17		to the Comptroller the amount available to the Commission for
18		distribution out of the Illinois Telecommunications Access
19		Corporation Fund. The amount certified shall be the amount (not
20		including credit memoranda) collected during the second
21		preceding calendar month by the Department, plus an amount the
22		Department determines is necessary to offset any amounts which
23		were erroneously paid to a different taxing body or fund. The
24		amount paid to the Illinois Telecommunications Access
25		Corporation Fund shall not include any amount equal to the
26		amount of refunds made during the second preceding calendar

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1		month by the Department to retailers under this Section or any
2		amount that the Department determines is necessary to offset
3		any amounts which were payable to a different taxing body or
4		fund but were erroneously paid to the Illinois
5		Telecommunications Access Corporation Fund. The Commission
6		shall distribute all the funds to the Illinois
7		Telecommunications Access Corporation and the funds may only be
8		used in accordance with the provisions of this Section. The
9		Department shall deduct 2% of all amounts deposited in the
10		Illinois Telecommunications Access Corporation Fund during
11		every year of remitted assessments. Of the 2% deducted by the
12		Department, one-half shall be transferred into the Tax
13		Compliance and Administration Fund to reimburse the Department
14		for its direct costs of administering the collection and
15		remittance of the assessment. The remaining one-half shall be
16		transferred into the Public Utilities Fund to reimburse the
17		Commission for its costs of distributing to the Illinois
18		Telecommunications Access Corporation the amount certified by
19		the Department for distribution. The amount to be charged or
20		assessed under subsections (c) and (f) is not imposed on a
21		provider or the consumer for wireless Lifeline service where
22		the consumer does not pay the provider for the service. Where
23		the consumer purchases from the provider optional minutes,
24		texts, or other services in addition to the federally funded
25		Lifeline benefit, a consumer must pay the charge or assessment,
26		and it must be collected by the seller according to subsection

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1		(f).
2		Interconnected VoIP services shall not be considered an
3		intrastate telecommunications service for the purposes of this
4		Section in a manner inconsistent with federal law or Federal
5		Communications Commission regulation.
6		(g) The provisions of this Section are severable under
7		Section 1.31 of the Statute on Statutes.
8		(h) The Commission may adopt rules necessary to implement
9		this Section.
10		(Source: P.A. 96-927, eff. 6-15-10.)
11		(220 ILCS 5/13-1200)
12		(Section scheduled to be repealed on July 1, 2015)
13		Sec. 13-1200. Repealer. This Article is repealed July 1,
14		2017 2015.
15		(Source: P.A. 98-45, eff. 6-28-13.)
16		(220 ILCS 5/21-401)
17		(Section scheduled to be repealed on July 1, 2015)
18		Sec. 21-401. Applications.
19		(a)(1) A person or entity seeking to provide cable service
20		or video service pursuant to this Article shall not use the
21		public rights-of-way for the installation or construction of
22		facilities for the provision of cable service or video service
23		or offer cable service or video service until it has obtained a
24		State-issued authorization to offer or provide cable or video

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1		service under this Section, except as provided for in item (2)
2		of this subsection (a). All cable or video providers offering
3		or providing service in this State shall have authorization
4		pursuant to either (i) the Cable and Video Competition Law of
5		2007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the
6		Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section
7		5-1095 of the Counties Code (55 ILCS 5/5-1095).
8		(2) Nothing in this Section shall prohibit a local unit of
9		government from granting a permit to a person or entity for the
10		use of the public rights-of-way to install or construct
11		facilities to provide cable service or video service, at its
12		sole discretion. No unit of local government shall be liable
13		for denial or delay of a permit prior to the issuance of a
14		State-issued authorization.
15		(b) The application to the Commission for State-issued
16		authorization shall contain a completed affidavit submitted by
17		the applicant and signed by an officer or general partner of
18		the applicant affirming all of the following:
19		(1) That the applicant has filed or will timely file
20		with the Federal Communications Commission all forms
21		required by that agency in advance of offering cable
22		service or video service in this State.
23		(2) That the applicant agrees to comply with all
24		applicable federal and State statutes and regulations.
25		(3) That the applicant agrees to comply with all
26		applicable local unit of government regulations.

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1		(4) An exact description of the cable service or video
2		service area where the cable service or video service will
3		be offered during the term of the State-issued
4		authorization. The service area shall be identified in
5		terms of either (i) exchanges, as that term is defined in
6		Section 13-206 of this Act; (ii) a collection of United
7		States Census Bureau Block numbers (13 digit); (iii) if the
8		area is smaller than the areas identified in either (i) or
9		(ii), by geographic information system digital boundaries
10		meeting or exceeding national map accuracy standards; or
11		(iv) local unit of government. The description shall
12		include the number of low-income households within the
13		service area or footprint. If an applicant is an incumbent
14		cable operator, the incumbent cable operator and any
15		successor-in-interest shall be obligated to provide access
16		to cable services or video services within any local units
17		of government at the same levels required by the local
18		franchising authorities for the local unit of government on
19		June 30, 2007 (the effective date of Public Act 95-9), and
20		its application shall provide a description of an area no
21		smaller than the service areas contained in its franchise
22		or franchises within the jurisdiction of the local unit of
23		government in which it seeks to offer cable or video
24		service.
25		(5) The location and telephone number of the
26		applicant's principal place of business within this State

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1		and the names of the applicant's principal executive
2		officers who are responsible for communications concerning
3		the application and the services to be offered pursuant to
4		the application, the applicant's legal name, and any name
5		or names under which the applicant does or will provide
6		cable services or video services in this State.
7		(6) A certification that the applicant has
8		concurrently delivered a copy of the application to all
9		local units of government that include all or any part of
10		the service area identified in item (4) of this subsection
11		(b) within such local unit of government's jurisdictional
12		boundaries.
13		(7) The expected date that cable service or video
14		service will be initially offered in the area identified in
15		item (4) of this subsection (b). In the event that a holder
16		does not offer cable services or video services within 3
17		months after the expected date, it shall amend its
18		application and update the expected date service will be
19		offered and explain the delay in offering cable services or
20		video services.
21		(8) For any entity that received State-issued
22		authorization prior to this amendatory Act of the 98th
23		General Assembly as a cable operator and that intends to
24		proceed as a cable operator under this Article, the entity
25		shall file a written affidavit with the Commission and
26		shall serve a copy of the affidavit with any local units of

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1		government affected by the authorization within 30 days
2		after the effective date of this amendatory Act of the 98th
3		General Assembly stating that the holder will be providing
4		cable service under the State-issued authorization.
5		The application shall include adequate assurance that the
6		applicant possesses the financial, managerial, legal, and
7		technical qualifications necessary to construct and operate
8		the proposed system, to promptly repair any damage to the
9		public right-of-way caused by the applicant, and to pay the
10		cost of removal of its facilities. To accomplish these
11		requirements, the applicant may, at the time the applicant
12		seeks to use the public rights-of-way in that jurisdiction, be
13		required by the State of Illinois or later be required by the
14		local unit of government, or both, to post a bond, produce a
15		certificate of insurance, or otherwise demonstrate its
16		financial responsibility.
17		The application shall include the applicant's general
18		standards related to customer service required by Section
19		22-501 of this Act, which shall include, but not be limited to,
20		installation, disconnection, service and repair obligations;
21		appointment hours; employee ID requirements; customer service
22		telephone numbers and hours; procedures for billing, charges,
23		deposits, refunds, and credits; procedures for termination of
24		service; notice of deletion of programming service and changes
25		related to transmission of programming or changes or increases
26		in rates; use and availability of parental control or lock-out

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1		devices; complaint procedures and procedures for bill dispute
2		resolution and a description of the rights and remedies
3		available to consumers if the holder does not materially meet
4		their customer service standards; and special services for
5		customers with visual, hearing, or mobility disabilities.
6		(c)(1) The applicant may designate information that it
7		submits in its application or subsequent reports as
8		confidential or proprietary, provided that the applicant
9		states the reasons the confidential designation is necessary.
10		The Commission shall provide adequate protection for such
11		information pursuant to Section 4-404 of this Act. If the
12		Commission, a local unit of government, or any other party
13		seeks public disclosure of information designated as
14		confidential, the Commission shall consider the confidential
15		designation in a proceeding under the Illinois Administrative
16		Procedure Act, and the burden of proof to demonstrate that the
17		designated information is confidential shall be upon the
18		applicant. Designated information shall remain confidential
19		pending the Commission's determination of whether the
20		information is entitled to confidential treatment. Information
21		designated as confidential shall be provided to local units of
22		government for purposes of assessing compliance with this
23		Article as permitted under a Protective Order issued by the
24		Commission pursuant to the Commission's rules and to the
25		Attorney General pursuant to Section 6.5 of the Attorney
26		General Act (15 ILCS 205/6.5). Information designated as

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1		confidential under this Section or determined to be
2		confidential upon Commission review shall only be disclosed
3		pursuant to a valid and enforceable subpoena or court order or
4		as required by the Freedom of Information Act. Nothing herein
5		shall delay the application approval timeframes set forth in
6		this Article.
7		(2) Information regarding the location of video services
8		that have been or are being offered to the public and aggregate
9		information included in the reports required by this Article
10		shall not be designated or treated as confidential.
11		(d)(1) The Commission shall post all applications it
12		receives under this Article on its web site within 5 business
13		days.
14		(2) The Commission shall notify an applicant for a cable
15		service or video service authorization whether the applicant's
16		application and affidavit are complete on or before the 15th
17		business day after the applicant submits the application. If
18		the application and affidavit are not complete, the Commission
19		shall state in its notice all of the reasons the application or
20		affidavit are incomplete, and the applicant shall resubmit a
21		complete application. The Commission shall have 30 days after
22		submission by the applicant of a complete application and
23		affidavit to issue the service authorization. If the Commission
24		does not notify the applicant regarding the completeness of the
25		application and affidavit or issue the service authorization
26		within the time periods required under this subsection, the

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1		application and affidavit shall be considered complete and the
2		service authorization issued upon the expiration of the 30th
3		day.
4		(e) Any authorization issued by the Commission will expire
5		on December 31, 2020 2015 and shall contain or include all of
6		the following:
7		(1) A grant of authority, including an authorization
8		issued prior to this amendatory Act of the 98th General
9		Assembly, to provide cable service or video service in the
10		service area footprint as requested in the application,
11		subject to the provisions of this Article in existence on
12		the date the grant of authority was issued, and any
13		modifications to this Article enacted at any time prior to
14		the date in Section 21-1601 of this Act, and to the laws of
15		the State and the ordinances, rules, and regulations of the
16		local units of government.
17		(2) A grant of authority to use, occupy, and construct
18		facilities in the public rights-of-way for the delivery of
19		cable service or video service in the service area
20		footprint, subject to the laws, ordinances, rules, or
21		regulations of this State and local units of governments.
22		(3) A statement that the grant of authority is subject
23		to lawful operation of the cable service or video service
24		by the applicant, its affiliated entities, or its
25		successors-in-interest.
26		(e-5) (4) The Commission shall notify a local unit of

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1		government within 3 business days of the grant of any
2		authorization within a service area footprint if that
3		authorization includes any part of the local unit of
4		government's jurisdictional boundaries and state whether the
5		holder will be providing video service or cable service under
6		the authorization.
7		(f) The authorization issued pursuant to this Section by
8		the Commission may be transferred to any successor-in-interest
9		to the applicant to which it is initially granted without
10		further Commission action if the successor-in-interest (i)
11		submits an application and the information required by
12		subsection (b) of this Section for the successor-in-interest
13		and (ii) is not in violation of this Article or of any federal,
14		State, or local law, ordinance, rule, or regulation. A
15		successor-in-interest shall file its application and notice of
16		transfer with the Commission and the relevant local units of
17		government no less than 15 business days prior to the
18		completion of the transfer. The Commission is not required or
19		authorized to act upon the notice of transfer; however, the
20		transfer is not effective until the Commission approves the
21		successor-in-interest's application. A local unit of
22		government or the Attorney General may seek to bar a transfer
23		of ownership by filing suit in a court of competent
24		jurisdiction predicated on the existence of a material and
25		continuing breach of this Article by the holder, a pattern of
26		noncompliance with customer service standards by the potential

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1		successor-in-interest, or the insolvency of the potential
2		successor-in-interest. If a transfer is made when there are
3		violations of this Article or of any federal, State, or local
4		law, ordinance, rule, or regulation, the successor-in-interest
5		shall be subject to 3 times the penalties provided for in this
6		Article.
7		(g) The authorization issued pursuant to this Section
8		21-401 of this Article by the Commission may be terminated, or
9		its cable service or video service area footprint may be
10		modified, by the cable service provider or video service
11		provider by submitting notice to the Commission and to the
12		relevant local unit of government containing a description of
13		the change on the same terms as the initial description
14		pursuant to item (4) of subsection (b) of this Section. The
15		Commission is not required or authorized to act upon that
16		notice. It shall be a violation of this Article for a holder to
17		discriminate against potential residential subscribers because
18		of the race or income of the residents in the local area in
19		which the group resides by terminating or modifying its cable
20		service or video service area footprint. It shall be a
21		violation of this Article for a holder to terminate or modify
22		its cable service or video service area footprint if it leaves
23		an area with no cable service or video service from any
24		provider.
25		(h) The Commission's authority to administer this Article
26		is limited to the powers and duties explicitly provided under

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1		this Article. Its authority under this Article does not include
2		or limit the powers and duties that the Commission has under
3		the other Articles of this Act, the Illinois Administrative
4		Procedure Act, or any other law or regulation to conduct
5		proceedings, other than as provided in subsection (c), or has
6		to promulgate rules or regulations. The Commission shall not
7		have the authority to limit or expand the obligations and
8		requirements provided in this Section or to regulate or control
9		a person or entity to the extent that person or entity is
10		providing cable service or video service, except as provided in
11		this Article.
12		(Source: P.A. 98-45, eff. 6-28-13; 98-756, eff. 7-16-14.)
13		(220 ILCS 5/21-801)
14		(Section scheduled to be repealed on July 1, 2015)
15		Sec. 21-801. Applicable fees payable to the local unit of
16		government.
17		(a) Prior to offering cable service or video service in a
18		local unit of government's jurisdiction, a holder shall notify
19		the local unit of government. The notice shall be given to the
20		local unit of government at least 10 days before the holder
21		begins to offer cable service or video service within the
22		boundaries of that local unit of government.
23		(b) In any local unit of government in which a holder
24		offers cable service or video service on a commercial basis,
25		the holder shall be liable for and pay the service provider fee

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1		to the local unit of government. The local unit of government
2		shall adopt an ordinance imposing such a fee. The holder's
3		liability for the fee shall commence on the first day of the
4		calendar month that is at least 30 days after the holder
5		receives such ordinance. For any such ordinance adopted on or
6		after the effective date of this amendatory Act of the 99th
7		General Assembly, the holder's liability shall commence on the
8		first day of the calendar month that is at least 30 days after
9		the adoption of such ordinance. The ordinance shall be sent by
10		mail, postage prepaid, to the address listed on the holder's
11		application provided to the local unit of government pursuant
12		to item (6) of subsection (b) of Section 21-401 of this Act.
13		The fee authorized by this Section shall be 5% of gross
14		revenues or the same as the fee paid to the local unit of
15		government by any incumbent cable operator providing cable
16		service. The payment of the service provider fee shall be due
17		on a quarterly basis, 45 days after the close of the calendar
18		quarter. If mailed, the fee is considered paid on the date it
19		is postmarked. Except as provided in this Article, the local
20		unit of government may not demand any additional fees or
21		charges from the holder and may not demand the use of any other
22		calculation method other than allowed under this Article.
23		(c) For purposes of this Article, "gross revenues" means
24		all consideration of any kind or nature, including, without
25		limitation, cash, credits, property, and in-kind contributions
26		received by the holder for the operation of a cable or video

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1		system to provide cable service or video service within the
2		holder's cable service or video service area within the local
3		unit of government's jurisdiction.
4		(1) Gross revenues shall include the following:
5		(i) Recurring charges for cable service or video
6		service.
7		(ii) Event-based charges for cable service or
8		video service, including, but not limited to,
9		pay-per-view and video-on-demand charges.
10		(iii) Rental of set-top boxes and other cable
11		service or video service equipment.
12		(iv) Service charges related to the provision of
13		cable service or video service, including, but not
14		limited to, activation, installation, and repair
15		charges.
16		(v) Administrative charges related to the
17		provision of cable service or video service, including
18		but not limited to service order and service
19		termination charges.
20		(vi) Late payment fees or charges, insufficient
21		funds check charges, and other charges assessed to
22		recover the costs of collecting delinquent payments.
23		(vii) A pro rata portion of all revenue derived by
24		the holder or its affiliates pursuant to compensation
25		arrangements for advertising or for promotion or
26		exhibition of any products or services derived from the

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1		operation of the holder's network to provide cable
2		service or video service within the local unit of
3		government's jurisdiction. The allocation shall be
4		based on the number of subscribers in the local unit of
5		government divided by the total number of subscribers
6		in relation to the relevant regional or national
7		compensation arrangement.
8		(viii) Compensation received by the holder that is
9		derived from the operation of the holder's network to
10		provide cable service or video service with respect to
11		commissions that are received by the holder as
12		compensation for promotion or exhibition of any
13		products or services on the holder's network, such as a
14		"home shopping" or similar channel, subject to item
15		(ix) of this paragraph (1).
16		(ix) In the case of a cable service or video
17		service that is bundled or integrated functionally
18		with other services, capabilities, or applications,
19		the portion of the holder's revenue attributable to the
20		other services, capabilities, or applications shall be
21		included in gross revenue unless the holder can
22		reasonably identify the division or exclusion of the
23		revenue from its books and records that are kept in the
24		regular course of business.
25		(x) The service provider fee permitted by
26		subsection (b) of this Section.

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1		(2) Gross revenues do not include any of the following:
2		(i) Revenues not actually received, even if
3		billed, such as bad debt, subject to item (vi) of
4		paragraph (1) of this subsection (c).
5		(ii) Refunds, discounts, or other price
6		adjustments that reduce the amount of gross revenues
7		received by the holder of the State-issued
8		authorization to the extent the refund, rebate,
9		credit, or discount is attributable to cable service or
10		video service.
11		(iii) Regardless of whether the services are
12		bundled, packaged, or functionally integrated with
13		cable service or video service, any revenues received
14		from services not classified as cable service or video
15		service, including, without limitation, revenue
16		received from telecommunications services, information
17		services, or the provision of directory or Internet
18		advertising, including yellow pages, white pages,
19		banner advertisement, and electronic publishing, or
20		any other revenues attributed by the holder to noncable
21		service or nonvideo service in accordance with the
22		holder's books and records and records kept in the
23		regular course of business and any applicable laws,
24		rules, regulations, standards, or orders.
25		(iv) The sale of cable services or video services
26		for resale in which the purchaser is required to

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1		collect the service provider fee from the purchaser's
2		subscribers to the extent the purchaser certifies in
3		writing that it will resell the service within the
4		local unit of government's jurisdiction and pay the fee
5		permitted by subsection (b) of this Section with
6		respect to the service.
7		(v) Any tax or fee of general applicability imposed
8		upon the subscribers or the transaction by a city,
9		State, federal, or any other governmental entity and
10		collected by the holder of the State-issued
11		authorization and required to be remitted to the taxing
12		entity, including sales and use taxes.
13		(vi) Security deposits collected from subscribers.
14		(vii) Amounts paid by subscribers to "home
15		shopping" or similar vendors for merchandise sold
16		through any home shopping channel offered as part of
17		the cable service or video service.
18		(3) Revenue of an affiliate of a holder shall be
19		included in the calculation of gross revenues to the extent
20		the treatment of the revenue as revenue of the affiliate
21		rather than the holder has the effect of evading the
22		payment of the fee permitted by subsection (b) of this
23		Section which would otherwise be paid by the cable service
24		or video service.
25		(d)(1) Except for a holder providing cable service that is
26		subject to the fee in subsection (i) of this Section, the

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1		holder shall pay to the local unit of government or the entity
2		designated by that local unit of government to manage public,
3		education, and government access, upon request as support for
4		public, education, and government access, a fee equal to no
5		less than (i) 1% of gross revenues or (ii) if greater, the
6		percentage of gross revenues that incumbent cable operators pay
7		to the local unit of government or its designee for public,
8		education, and government access support in the local unit of
9		government's jurisdiction. For purposes of item (ii) of
10		paragraph (1) of this subsection (d), the percentage of gross
11		revenues that all incumbent cable operators pay shall be equal
12		to the annual sum of the payments that incumbent cable
13		operators in the service area are obligated to pay by
14		franchises and agreements or by contracts with the local
15		government designee for public, education and government
16		access in effect on January 1, 2007, including the total of any
17		lump sum payments required to be made over the term of each
18		franchise or agreement divided by the number of years of the
19		applicable term, divided by the annual sum of such incumbent
20		cable operator's or operators' gross revenues during the
21		immediately prior calendar year. The sum of payments includes
22		any payments that an incumbent cable operator is required to
23		pay pursuant to item (3) of subsection (c) of Section 21-301.
24		(2) A local unit of government may require all holders of a
25		State-issued authorization and all cable operators franchised
26		by that local unit of government on June 30, 2007 (the

SB0096 Enrolled - 95 - LRB099 04130 HAF 24150 b
1		effective date of this Section) in the franchise area to
2		provide to the local unit of government, or to the entity
3		designated by that local unit of government to manage public,
4		education, and government access, information sufficient to
5		calculate the public, education, and government access
6		equivalent fee and any credits under paragraph (1) of this
7		subsection (d).
8		(3) The fee shall be due on a quarterly basis and paid 45
9		days after the close of the calendar quarter. Each payment
10		shall include a statement explaining the basis for the
11		calculation of the fee. If mailed, the fee is considered paid
12		on the date it is postmarked. The liability of the holder for
13		payment of the fee under this subsection shall commence on the
14		same date as the payment of the service provider fee pursuant
15		to subsection (b) of this Section.
16		(e) The holder may identify and collect the amount of the
17		service provider fee as a separate line item on the regular
18		bill of each subscriber.
19		(f) The holder may identify and collect the amount of the
20		public, education, and government programming support fee as a
21		separate line item on the regular bill of each subscriber.
22		(g) All determinations and computations under this Section
23		shall be made pursuant to the definition of gross revenues set
24		forth in this Section and shall be made pursuant to generally
25		accepted accounting principles.
26		(h) Nothing contained in this Article shall be construed to

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1		exempt a holder from any tax that is or may later be imposed by
2		the local unit of government, including any tax that is or may
3		later be required to be paid by or through the holder with
4		respect to cable service or video service. A State-issued
5		authorization shall not affect any requirement of the holder
6		with respect to payment of the local unit of government's
7		simplified municipal telecommunications tax or any other tax as
8		it applies to any telephone service provided by the holder. A
9		State-issued authorization shall not affect any requirement of
10		the holder with respect to payment of the local unit of
11		government's 911 or E911 fees, taxes, or charges.
12		(i) Except for a municipality having a population of
13		2,000,000 or more, the fee imposed under paragraph (1) of
14		subsection (d) by a local unit of government against a holder
15		who is a cable operator shall be as follows:
16		(1) the fee shall be collected and paid only for
17		capital costs that are considered lawful under Subchapter
18		VI of the federal Communications Act of 1934, as amended,
19		and as implemented by the Federal Communications
20		Commission;
21		(2) the local unit of government shall impose any fee
22		by ordinance; and
23		(3) the fee may not exceed 1% of gross revenue; if,
24		however, on the date that an incumbent cable operator files
25		an application under Section 21-401, the incumbent cable
26		operator is operating under a franchise agreement that

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1		imposes a fee for support for capital costs for public,
2		education, and government access facilities obligations in
3		excess of 1% of gross revenue, then the cable operator
4		shall continue to provide support for capital costs for
5		public, education, and government access facilities
6		obligations at the rate stated in such agreement.
7		(Source: P.A. 98-45, eff. 6-28-13.)
8		(220 ILCS 5/21-901)
9		(Section scheduled to be repealed on July 1, 2015)
10		Sec. 21-901. Audits.
11		(a) A holder that has received State-issued authorization
12		under this Article is subject to an audit of its service
13		provider fees derived from the provision of cable or video
14		services to subscribers within any part of the local unit of
15		government which is located in the holder's service territory.
16		Any such audit shall be conducted by the local unit of
17		government or its agent for the sole purpose of determining any
18		overpayment or underpayment of the holder's service provider
19		fee to the local unit of government. Upon receiving notice
20		under item (4) of subsection (e) of Section 21-401 of this Act
21		that a holder has received State-issued authorization under
22		this Article, a local unit of government shall notify the
23		holder of the requirements it imposes on other cable service or
24		video service providers in its jurisdiction to submit to an
25		audit of its books and records. The holder shall comply with

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1		the same requirements the local unit of government imposes on
2		other cable service or video service providers in its
3		jurisdiction to audit the holder's books and records and to
4		recompute any amounts determined to be payable under the
5		requirements of the local unit of government. If all local
6		franchises between the local unit of government and a cable
7		operator terminate, the audit requirements shall be those
8		adopted by the local government pursuant to the Local
9		Government Taxpayers' Bill of Rights Act. No acceptance of
10		amounts remitted should be construed as an accord that the
11		amounts are correct.
12		(b) Beginning on or after the effective date of this
13		amendatory Act of the 99th General Assembly, any audit
14		conducted pursuant to this Section by a local government shall
15		be governed by Section 11-42-11.05 of the Illinois Municipal
16		Code or Section 5-1095.1 of the Counties Code. Any additional
17		amount due after an audit shall be paid within 30 days after
18		the local unit of government's submission of an invoice for the
19		sum.
20		(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
21		(220 ILCS 5/21-1001)
22		(Section scheduled to be repealed on July 1, 2015)
23		Sec. 21-1001. Local unit of government authority.
24		(a) The holder of a State-issued authorization shall comply
25		with all the applicable construction and technical standards

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1		and right-of-way occupancy standards set forth in a local unit
2		of government's code of ordinances relating to the use of
3		public rights-of-way, pole attachments, permit obligations,
4		indemnification, performance bonds, penalties, or liquidated
5		damages. The applicable requirements for a holder that is using
6		its existing telecommunications network or constructing a
7		telecommunications network shall be the same requirements that
8		the local unit of government imposes on telecommunications
9		providers in its jurisdiction. The applicable requirements for
10		a holder that is using or constructing a cable system shall be
11		the same requirements the local unit of government imposes on
12		other cable operators in its jurisdiction.
13		(b) A local unit of government shall allow the holder to
14		install, construct, operate, maintain, and remove a cable
15		service, video service, or telecommunications network within a
16		public right-of-way and shall provide the holder with open,
17		comparable, nondiscriminatory, and competitively neutral
18		access to the public right-of-way on the same terms applicable
19		to other cable service or video service providers or cable
20		operators in its jurisdiction. Notwithstanding any other
21		provisions of law, if a local unit of government is permitted
22		by law to require the holder of a State authorization to seek a
23		permit to install, construct, operate, maintain, or remove its
24		cable service, video service, or telecommunications network
25		within a public right-of-way, those permits shall be deemed
26		granted within 45 days after being submitted, if not otherwise

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1		acted upon by the local unit of government, provided the holder
2		complies with the requirements applicable to the holder in its
3		jurisdiction.
4		(c) A local unit of government may impose reasonable terms,
5		but it may not discriminate against the holder with respect to
6		any of the following:
7		(1) The authorization or placement of a cable service,
8		video service, or telecommunications network or equipment
9		in public rights-of-way.
10		(2) Access to a building.
11		(3) A local unit of government utility pole attachment.
12		(d) If a local unit of government imposes a permit fee on
13		incumbent cable operators, it may impose a permit fee on the
14		holder only to the extent it imposes such a fee on incumbent
15		cable operators. In all other cases, these fees may not exceed
16		the actual, direct costs incurred by the local unit of
17		government for issuing the relevant permit. In no event may a
18		fee under this Section be levied if the holder already has paid
19		a permit fee of any kind in connection with the same activity
20		that would otherwise be covered by the permit fee under this
21		Section provided no additional equipment, work, function, or
22		other burden is added to the existing activity for which the
23		permit was issued.
24		(e) Nothing in this Article shall affect the rights that
25		any holder has under Section 4 of the Telephone Line Right of
26		Way Act (220 ILCS 65/4).

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1		(f) In addition to the other requirements in this Section,
2		if the holder installs, upgrades, constructs, operates,
3		maintains, and removes facilities or equipment within a public
4		right-of-way to provide cable service or video service, it
5		shall comply with the following:
6		(1) The holder must locate its equipment in the
7		right-of-way as to cause only minimum interference with the
8		use of streets, alleys, and other public ways and places,
9		and to cause only minimum impact upon and interference with
10		the rights and reasonable convenience of property owners
11		who adjoin any of the said streets, alleys, or other public
12		ways. No fixtures shall be placed in any public ways in
13		such a manner to interfere with the usual travel on such
14		public ways, nor shall such fixtures or equipment limit the
15		visibility of vehicular or pedestrian traffic, or both.
16		(2) The holder shall comply with a local unit of
17		government's reasonable requests to place equipment on
18		public property where possible and promptly comply with
19		local unit of government direction with respect to the
20		location and screening of equipment and facilities. In
21		constructing or upgrading its cable or video network in the
22		right-of-way, the holder shall use the smallest suitable
23		equipment enclosures and power pedestals and cabinets then
24		in use by the holder for the application.
25		(3) The holder's construction practices shall be in
26		accordance with all applicable Sections of the

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1		Occupational Safety and Health Act of 1970, as amended, as
2		well as all applicable State laws, including the Civil
3		Administrative Code of Illinois, and local codes, where
4		applicable, as adopted by the local unit of government. All
5		installation of electronic equipment shall be of a
6		permanent nature, durable, and, where applicable,
7		installed in accordance with the provisions of the National
8		Electrical Safety Code of the National Bureau of Standards
9		and National Electrical Code of the National Board of Fire
10		Underwriters.
11		(4) The holder shall not interfere with the local unit
12		of government's performance of public works. Nothing in the
13		State-issued authorization shall be in preference or
14		hindrance to the right of the local unit of government to
15		perform or carry on any public works or public improvements
16		of any kind. The holder expressly agrees that it shall, at
17		its own expense, protect, support, temporarily disconnect,
18		relocate in the same street or other public place, or
19		remove from such street or other public place any of the
20		network, system, facilities, or equipment when required to
21		do so by the local unit of government because of necessary
22		public health, safety, and welfare improvements. In the
23		event a holder and other users of a public right-of-way,
24		including incumbent cable operators or utilities, are
25		required to relocate and compensation is paid to the users
26		of such public right-of-way, such parties shall be treated

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1		equally with respect to such compensation.
2		(5) The holder shall comply with all local units of
3		government inspection requirements. The making of
4		post-construction, subsequent or periodic inspections, or
5		both, or the failure to do so shall not operate to relieve
6		the holder of any responsibility, obligation, or
7		liability.
8		(6) The holder shall maintain insurance or provide
9		evidence of self insurance as required by an applicable
10		ordinance of the local unit of government.
11		(7) The holder shall reimburse all reasonable
12		make-ready expenses, including aerial and underground
13		installation expenses requested by the holder to the local
14		unit of government within 30 days of billing to the holder,
15		provided that such charges shall be at the same rates as
16		charges to others for the same or similar services.
17		(8) The holder shall indemnify and hold harmless the
18		local unit of government and all boards, officers,
19		employees, and representatives thereof from all claims,
20		demands, causes of action, liability, judgments, costs and
21		expenses, or losses for injury or death to persons or
22		damage to property owned by, and Worker's Compensation
23		claims against any parties indemnified herein, arising out
24		of, caused by, or as a result of the holder's construction,
25		lines, cable, erection, maintenance, use or presence of, or
26		removal of any poles, wires, conduit, appurtenances

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1		thereto, or equipment or attachments thereto. The holder,
2		however, shall not indemnify the local unit of government
3		for any liabilities, damages, cost, and expense resulting
4		from the willful misconduct, or negligence of the local
5		unit of government, its officers, employees, and agents.
6		The obligations imposed pursuant to this Section by a local
7		unit of government shall be competitively neutral.
8		(9) The holder, upon request, shall provide the local
9		unit of government with information describing the
10		location of the cable service or video service facilities
11		and equipment located in the unit of local government's
12		rights-of-way pursuant to its State-issued authorization.
13		If designated by the holder as confidential, such
14		information provided pursuant to this subsection shall be
15		exempt from inspection and copying under the Illinois
16		Freedom of Information Act pursuant to the exemption
17		provided for under provision (mm) of item (1) of Section 7
18		of the Freedom of Information Act and any other present or
19		future exemptions applicable to such information and shall
20		not be disclosed by the unit of local government to any
21		third party without the written consent of the holder.
22		(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
23		(220 ILCS 5/21-1601)
24		Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of
25		this Article are repealed July 1, 2017 2015.

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1		(Source: P.A. 98-45, eff. 6-28-13.)
2		ARTICLE II
3		Section 2-1. The Department of Central Management Services
4		Law of the Civil Administrative Code of Illinois is amended by
5		changing Section 405-270 as follows:
6		(20 ILCS 405/405-270) (was 20 ILCS 405/67.18)
7		Sec. 405-270. Communications services. To provide for and
8		co-ordinate communications services for State agencies and,
9		when requested and when in the best interests of the State, for
10		units of federal or local governments and public and
11		not-for-profit institutions of primary, secondary, and higher
12		education. The Department may make use of its satellite uplink
13		available to interested parties not associated with State
14		government provided that State government usage shall have
15		first priority. For this purpose the Department shall have the
16		power and duty to do all of the following:
17		(1) Provide for and control the procurement,
18		retention, installation, and maintenance of communications
19		equipment or services used by State agencies in the
20		interest of efficiency and economy.
21		(2) Establish standards by January 1, 1989 for
22		communications services for State agencies which shall
23		include a minimum of one telecommunication device for the

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1		deaf installed and operational within each State agency, to
2		provide public access to agency information for those
3		persons who are hearing or speech impaired. The Department
4		shall consult the Department of Human Services to develop
5		standards and implementation for this equipment.
6		(3) Establish charges (i) for communication services
7		for State agencies and, when requested, for units of
8		federal or local government and public and not-for-profit
9		institutions of primary, secondary, or higher education
10		and (ii) for use of the Department's satellite uplink by
11		parties not associated with State government. Entities
12		charged for these services shall reimburse the Department.
13		(4) Instruct all State agencies to report their usage
14		of communication services regularly to the Department in
15		the manner the Director may prescribe.
16		(5) Analyze the present and future aims and needs of
17		all State agencies in the area of communications services
18		and plan to serve those aims and needs in the most
19		effective and efficient manner.
20		(6) Provide services, including, but not limited to,
21		telecommunications, video recording, satellite uplink,
22		public information, and other communications services.
23		(7) Establish the administrative organization within
24		the Department that is required to accomplish the purpose
25		of this Section.
26		The Department is authorized to conduct a study for the

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1		purpose of determining technical, engineering, and management
2		specifications for the networking, compatible connection, or
3		shared use of existing and future public and private owned
4		television broadcast and reception facilities, including but
5		not limited to terrestrial microwave, fiber optic, and
6		satellite, for broadcast and reception of educational,
7		governmental, and business programs, and to implement those
8		specifications.
9		However, the Department may not control or interfere with
10		the input of content into the telecommunications systems by the
11		several State agencies or units of federal or local government,
12		or public or not-for-profit institutions of primary,
13		secondary, and higher education, or users of the Department's
14		satellite uplink.
15		As used in this Section, the term "State agencies" means
16		all departments, officers, commissions, boards, institutions,
17		and bodies politic and corporate of the State except (i) the
18		judicial branch, including, without limitation, the several
19		courts of the State, the offices of the clerk of the supreme
20		court and the clerks of the appellate court, and the
21		Administrative Office of the Illinois Courts and (ii) the
22		General Assembly, legislative service agencies, and all
23		officers of the General Assembly.
24		This Section does not apply to the procurement of Next
25		Generation 9-1-1 service as governed by Section 15.6b of the
26		Emergency Telephone System Act.

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1		(Source: P.A. 94-91, eff. 7-1-05; 94-295, eff. 7-21-05; 95-331,
2		eff. 8-21-07.)
3		Section 2-3. The Illinois Administrative Procedure Act is
4		amended by changing Section 5-45 as follows:
5		(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
6		Sec. 5-45. Emergency rulemaking.
7		(a) "Emergency" means the existence of any situation that
8		any agency finds reasonably constitutes a threat to the public
9		interest, safety, or welfare.
10		(b) If any agency finds that an emergency exists that
11		requires adoption of a rule upon fewer days than is required by
12		Section 5-40 and states in writing its reasons for that
13		finding, the agency may adopt an emergency rule without prior
14		notice or hearing upon filing a notice of emergency rulemaking
15		with the Secretary of State under Section 5-70. The notice
16		shall include the text of the emergency rule and shall be
17		published in the Illinois Register. Consent orders or other
18		court orders adopting settlements negotiated by an agency may
19		be adopted under this Section. Subject to applicable
20		constitutional or statutory provisions, an emergency rule
21		becomes effective immediately upon filing under Section 5-65 or
22		at a stated date less than 10 days thereafter. The agency's
23		finding and a statement of the specific reasons for the finding
24		shall be filed with the rule. The agency shall take reasonable

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1		and appropriate measures to make emergency rules known to the
2		persons who may be affected by them.
3		(c) An emergency rule may be effective for a period of not
4		longer than 150 days, but the agency's authority to adopt an
5		identical rule under Section 5-40 is not precluded. No
6		emergency rule may be adopted more than once in any 24 month
7		period, except that this limitation on the number of emergency
8		rules that may be adopted in a 24 month period does not apply
9		to (i) emergency rules that make additions to and deletions
10		from the Drug Manual under Section 5-5.16 of the Illinois
11		Public Aid Code or the generic drug formulary under Section
12		3.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
13		emergency rules adopted by the Pollution Control Board before
14		July 1, 1997 to implement portions of the Livestock Management
15		Facilities Act, (iii) emergency rules adopted by the Illinois
16		Department of Public Health under subsections (a) through (i)
17		of Section 2 of the Department of Public Health Act when
18		necessary to protect the public's health, (iv) emergency rules
19		adopted pursuant to subsection (n) of this Section, (v)
20		emergency rules adopted pursuant to subsection (o) of this
21		Section, or (vi) emergency rules adopted pursuant to subsection
22		(c-5) of this Section. Two or more emergency rules having
23		substantially the same purpose and effect shall be deemed to be
24		a single rule for purposes of this Section.
25		(c-5) To facilitate the maintenance of the program of group
26		health benefits provided to annuitants, survivors, and retired

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1		employees under the State Employees Group Insurance Act of
2		1971, rules to alter the contributions to be paid by the State,
3		annuitants, survivors, retired employees, or any combination
4		of those entities, for that program of group health benefits,
5		shall be adopted as emergency rules. The adoption of those
6		rules shall be considered an emergency and necessary for the
7		public interest, safety, and welfare.
8		(d) In order to provide for the expeditious and timely
9		implementation of the State's fiscal year 1999 budget,
10		emergency rules to implement any provision of Public Act 90-587
11		or 90-588 or any other budget initiative for fiscal year 1999
12		may be adopted in accordance with this Section by the agency
13		charged with administering that provision or initiative,
14		except that the 24-month limitation on the adoption of
15		emergency rules and the provisions of Sections 5-115 and 5-125
16		do not apply to rules adopted under this subsection (d). The
17		adoption of emergency rules authorized by this subsection (d)
18		shall be deemed to be necessary for the public interest,
19		safety, and welfare.
20		(e) In order to provide for the expeditious and timely
21		implementation of the State's fiscal year 2000 budget,
22		emergency rules to implement any provision of this amendatory
23		Act of the 91st General Assembly or any other budget initiative
24		for fiscal year 2000 may be adopted in accordance with this
25		Section by the agency charged with administering that provision
26		or initiative, except that the 24-month limitation on the

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1		adoption of emergency rules and the provisions of Sections
2		5-115 and 5-125 do not apply to rules adopted under this
3		subsection (e). The adoption of emergency rules authorized by
4		this subsection (e) shall be deemed to be necessary for the
5		public interest, safety, and welfare.
6		(f) In order to provide for the expeditious and timely
7		implementation of the State's fiscal year 2001 budget,
8		emergency rules to implement any provision of this amendatory
9		Act of the 91st General Assembly or any other budget initiative
10		for fiscal year 2001 may be adopted in accordance with this
11		Section by the agency charged with administering that provision
12		or initiative, except that the 24-month limitation on the
13		adoption of emergency rules and the provisions of Sections
14		5-115 and 5-125 do not apply to rules adopted under this
15		subsection (f). The adoption of emergency rules authorized by
16		this subsection (f) shall be deemed to be necessary for the
17		public interest, safety, and welfare.
18		(g) In order to provide for the expeditious and timely
19		implementation of the State's fiscal year 2002 budget,
20		emergency rules to implement any provision of this amendatory
21		Act of the 92nd General Assembly or any other budget initiative
22		for fiscal year 2002 may be adopted in accordance with this
23		Section by the agency charged with administering that provision
24		or initiative, except that the 24-month limitation on the
25		adoption of emergency rules and the provisions of Sections
26		5-115 and 5-125 do not apply to rules adopted under this

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1		subsection (g). The adoption of emergency rules authorized by
2		this subsection (g) shall be deemed to be necessary for the
3		public interest, safety, and welfare.
4		(h) In order to provide for the expeditious and timely
5		implementation of the State's fiscal year 2003 budget,
6		emergency rules to implement any provision of this amendatory
7		Act of the 92nd General Assembly or any other budget initiative
8		for fiscal year 2003 may be adopted in accordance with this
9		Section by the agency charged with administering that provision
10		or initiative, except that the 24-month limitation on the
11		adoption of emergency rules and the provisions of Sections
12		5-115 and 5-125 do not apply to rules adopted under this
13		subsection (h). The adoption of emergency rules authorized by
14		this subsection (h) shall be deemed to be necessary for the
15		public interest, safety, and welfare.
16		(i) In order to provide for the expeditious and timely
17		implementation of the State's fiscal year 2004 budget,
18		emergency rules to implement any provision of this amendatory
19		Act of the 93rd General Assembly or any other budget initiative
20		for fiscal year 2004 may be adopted in accordance with this
21		Section by the agency charged with administering that provision
22		or initiative, except that the 24-month limitation on the
23		adoption of emergency rules and the provisions of Sections
24		5-115 and 5-125 do not apply to rules adopted under this
25		subsection (i). The adoption of emergency rules authorized by
26		this subsection (i) shall be deemed to be necessary for the

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1		public interest, safety, and welfare.
2		(j) In order to provide for the expeditious and timely
3		implementation of the provisions of the State's fiscal year
4		2005 budget as provided under the Fiscal Year 2005 Budget
5		Implementation (Human Services) Act, emergency rules to
6		implement any provision of the Fiscal Year 2005 Budget
7		Implementation (Human Services) Act may be adopted in
8		accordance with this Section by the agency charged with
9		administering that provision, except that the 24-month
10		limitation on the adoption of emergency rules and the
11		provisions of Sections 5-115 and 5-125 do not apply to rules
12		adopted under this subsection (j). The Department of Public Aid
13		may also adopt rules under this subsection (j) necessary to
14		administer the Illinois Public Aid Code and the Children's
15		Health Insurance Program Act. The adoption of emergency rules
16		authorized by this subsection (j) shall be deemed to be
17		necessary for the public interest, safety, and welfare.
18		(k) In order to provide for the expeditious and timely
19		implementation of the provisions of the State's fiscal year
20		2006 budget, emergency rules to implement any provision of this
21		amendatory Act of the 94th General Assembly or any other budget
22		initiative for fiscal year 2006 may be adopted in accordance
23		with this Section by the agency charged with administering that
24		provision or initiative, except that the 24-month limitation on
25		the adoption of emergency rules and the provisions of Sections
26		5-115 and 5-125 do not apply to rules adopted under this

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1		subsection (k). The Department of Healthcare and Family
2		Services may also adopt rules under this subsection (k)
3		necessary to administer the Illinois Public Aid Code, the
4		Senior Citizens and Disabled Persons Property Tax Relief Act,
5		the Senior Citizens and Disabled Persons Prescription Drug
6		Discount Program Act (now the Illinois Prescription Drug
7		Discount Program Act), and the Children's Health Insurance
8		Program Act. The adoption of emergency rules authorized by this
9		subsection (k) shall be deemed to be necessary for the public
10		interest, safety, and welfare.
11		(l) In order to provide for the expeditious and timely
12		implementation of the provisions of the State's fiscal year
13		2007 budget, the Department of Healthcare and Family Services
14		may adopt emergency rules during fiscal year 2007, including
15		rules effective July 1, 2007, in accordance with this
16		subsection to the extent necessary to administer the
17		Department's responsibilities with respect to amendments to
18		the State plans and Illinois waivers approved by the federal
19		Centers for Medicare and Medicaid Services necessitated by the
20		requirements of Title XIX and Title XXI of the federal Social
21		Security Act. The adoption of emergency rules authorized by
22		this subsection (l) shall be deemed to be necessary for the
23		public interest, safety, and welfare.
24		(m) In order to provide for the expeditious and timely
25		implementation of the provisions of the State's fiscal year
26		2008 budget, the Department of Healthcare and Family Services

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1		may adopt emergency rules during fiscal year 2008, including
2		rules effective July 1, 2008, in accordance with this
3		subsection to the extent necessary to administer the
4		Department's responsibilities with respect to amendments to
5		the State plans and Illinois waivers approved by the federal
6		Centers for Medicare and Medicaid Services necessitated by the
7		requirements of Title XIX and Title XXI of the federal Social
8		Security Act. The adoption of emergency rules authorized by
9		this subsection (m) shall be deemed to be necessary for the
10		public interest, safety, and welfare.
11		(n) In order to provide for the expeditious and timely
12		implementation of the provisions of the State's fiscal year
13		2010 budget, emergency rules to implement any provision of this
14		amendatory Act of the 96th General Assembly or any other budget
15		initiative authorized by the 96th General Assembly for fiscal
16		year 2010 may be adopted in accordance with this Section by the
17		agency charged with administering that provision or
18		initiative. The adoption of emergency rules authorized by this
19		subsection (n) shall be deemed to be necessary for the public
20		interest, safety, and welfare. The rulemaking authority
21		granted in this subsection (n) shall apply only to rules
22		promulgated during Fiscal Year 2010.
23		(o) In order to provide for the expeditious and timely
24		implementation of the provisions of the State's fiscal year
25		2011 budget, emergency rules to implement any provision of this
26		amendatory Act of the 96th General Assembly or any other budget

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1		initiative authorized by the 96th General Assembly for fiscal
2		year 2011 may be adopted in accordance with this Section by the
3		agency charged with administering that provision or
4		initiative. The adoption of emergency rules authorized by this
5		subsection (o) is deemed to be necessary for the public
6		interest, safety, and welfare. The rulemaking authority
7		granted in this subsection (o) applies only to rules
8		promulgated on or after the effective date of this amendatory
9		Act of the 96th General Assembly through June 30, 2011.
10		(p) In order to provide for the expeditious and timely
11		implementation of the provisions of Public Act 97-689,
12		emergency rules to implement any provision of Public Act 97-689
13		may be adopted in accordance with this subsection (p) by the
14		agency charged with administering that provision or
15		initiative. The 150-day limitation of the effective period of
16		emergency rules does not apply to rules adopted under this
17		subsection (p), and the effective period may continue through
18		June 30, 2013. The 24-month limitation on the adoption of
19		emergency rules does not apply to rules adopted under this
20		subsection (p). The adoption of emergency rules authorized by
21		this subsection (p) is deemed to be necessary for the public
22		interest, safety, and welfare.
23		(q) In order to provide for the expeditious and timely
24		implementation of the provisions of Articles 7, 8, 9, 11, and
25		12 of this amendatory Act of the 98th General Assembly,
26		emergency rules to implement any provision of Articles 7, 8, 9,

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1		11, and 12 of this amendatory Act of the 98th General Assembly
2		may be adopted in accordance with this subsection (q) by the
3		agency charged with administering that provision or
4		initiative. The 24-month limitation on the adoption of
5		emergency rules does not apply to rules adopted under this
6		subsection (q). The adoption of emergency rules authorized by
7		this subsection (q) is deemed to be necessary for the public
8		interest, safety, and welfare.
9		(r) In order to provide for the expeditious and timely
10		implementation of the provisions of this amendatory Act of the
11		98th General Assembly, emergency rules to implement this
12		amendatory Act of the 98th General Assembly may be adopted in
13		accordance with this subsection (r) by the Department of
14		Healthcare and Family Services. The 24-month limitation on the
15		adoption of emergency rules does not apply to rules adopted
16		under this subsection (r). The adoption of emergency rules
17		authorized by this subsection (r) is deemed to be necessary for
18		the public interest, safety, and welfare.
19		(s) In order to provide for the expeditious and timely
20		implementation of the provisions of Sections 5-5b.1 and 5A-2 of
21		the Illinois Public Aid Code, emergency rules to implement any
22		provision of Section 5-5b.1 or Section 5A-2 of the Illinois
23		Public Aid Code may be adopted in accordance with this
24		subsection (s) by the Department of Healthcare and Family
25		Services. The rulemaking authority granted in this subsection
26		(s) shall apply only to those rules adopted prior to July 1,

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1		2015. Notwithstanding any other provision of this Section, any
2		emergency rule adopted under this subsection (s) shall only
3		apply to payments made for State fiscal year 2015. The adoption
4		of emergency rules authorized by this subsection (s) is deemed
5		to be necessary for the public interest, safety, and welfare.
6		(t) In order to provide for the expeditious and timely
7		implementation of the provisions of Article II of this
8		amendatory Act of the 99th General Assembly, emergency rules to
9		implement the changes made by Article II of this amendatory Act
10		of the 99th General Assembly to the Emergency Telephone System
11		Act may be adopted in accordance with this subsection (t) by
12		the Department of State Police. The rulemaking authority
13		granted in this subsection (t) shall apply only to those rules
14		adopted prior to July 1, 2016. The 24-month limitation on the
15		adoption of emergency rules does not apply to rules adopted
16		under this subsection (t). The adoption of emergency rules
17		authorized by this subsection (t) is deemed to be necessary for
18		the public interest, safety, and welfare.
19		(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
20		98-651, eff. 6-16-14; 99-2, eff. 3-26-15.)
21		Section 2-5. The State Finance Act is amended by changing
22		Section 5.529 as follows:
23		(30 ILCS 105/5.529)
24		Sec. 5.529. The Statewide 9-1-1 Wireless Service Emergency

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1		Fund.
2		(Source: P.A. 91-660, eff. 12-22-99; 92-16, eff. 6-28-01.)
3		Section 2-10. The Emergency Telephone System Act is amended
4		by changing Sections 2, 3, 4, 6, 6.1, 7, 8, 10, 10.2, 11, 12,
5		15, 15.1, 15.4, 15.5, 15.6, 15.7, and 15.8 and by adding
6		Sections 15.2c, 15.3a, 15.4a, 15.4b, 15.6a, 15.6b, 20, 30, 35,
7		40, 45, 50, 55, and 60 as follows:
8		(50 ILCS 750/2) (from Ch. 134, par. 32)
9		Sec. 2. Definitions. As used in this Act, unless the
10		context otherwise requires:
11		"9-1-1 system" means the geographic area that has been
12		granted an order of authority by the Commission or the
13		Statewide 9-1-1 Administrator to use "9-1-1" as the primary
14		emergency telephone number.
15		"9-1-1 Authority" includes an Emergency Telephone System
16		Board, Joint Emergency Telephone System Board, and a qualified
17		governmental entity. "9-1-1 Authority" includes the Department
18		of State Police only to the extent it provides 9-1-1 services
19		under this Act.
20		"Administrator" means the Statewide 9-1-1 Administrator.
21		"Advanced service" means any telecommunications service
22		with dynamic bandwidth allocation, including, but not limited
23		to, ISDN Primary Rate Interface (PRI), that, through the use of
24		a DS-1, T-1, or similar un-channelized or multi-channel

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1		transmission facility, is capable of transporting either the
2		subscriber's inter-premises voice telecommunications services
3		to the public switched network or the subscriber's 9-1-1 calls
4		to the public agency.
5		"ALI" or "automatic location identification" means, in an
6		E9-1-1 system, the automatic display at the public safety
7		answering point of the caller's telephone number, the address
8		or location of the telephone, and supplementary emergency
9		services information.
10		"ANI" or "automatic number identification" means the
11		automatic display of the 9-1-1 calling party's number on the
12		PSAP monitor.
13		"Automatic alarm" and "automatic alerting device" mean any
14		device that will access the 9-1-1 system for emergency services
15		upon activation.
16		"Board" means an Emergency Telephone System Board or a
17		Joint Emergency Telephone System Board created pursuant to
18		Section 15.4.
19		"Carrier" includes a telecommunications carrier and a
20		wireless carrier.
21		"Commission" means the Illinois Commerce Commission.
22		"Computer aided dispatch" or "CAD" means a database
23		maintained by the public safety agency or public safety
24		answering point used in conjunction with 9-1-1 caller data.
25		"Direct dispatch method" means a 9-1-1 service that
26		provides for the direct dispatch by a PSAP telecommunicator of

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

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1		(2) allows telephone subscribers to provide
2		information to 9-1-1 to be used in emergency scenarios;
3		(3) collects a variety of formatted data relevant to
4		9-1-1 and first responder needs, which may include, but is
5		not limited to, photographs of the telephone subscribers,
6		physical descriptions, medical information, household
7		data, and emergency contacts;
8		(4) allows for information to be entered by telephone
9		subscribers through a secure website where they can elect
10		to provide as little or as much information as they choose;
11		(5) automatically displays data provided by telephone
12		subscribers to 9-1-1 call takers for all types of
13		telephones when a call is placed to 9-1-1 from a registered
14		and confirmed phone number;
15		(6) supports the delivery of telephone subscriber
16		information through a secure internet connection to all
17		emergency telephone system boards;
18		(7) works across all 9-1-1 call taking equipment and
19		allows for the easy transfer of information into a computer
20		aided dispatch system; and
21		(8) may be used to collect information pursuant to an
22		Illinois Premise Alert Program as defined in the Illinois
23		Premise Alert Program (PAP) Act.
24		"Interconnected voice over Internet protocol provider" or
25		"Interconnected VoIP provider" has the meaning given to that
26		term under Section 13-235 of the Public Utilities Act.

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

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1		exists, or (2) if no system exists at the time a surcharge is
2		imposed under Section 15.3, that would be capable of providing
3		access through the public switched network to the local 9-1-1
4		Emergency Telephone System if one existed. Where multiple voice
5		grade communications channels are connected to a
6		telecommunications carrier's public switched network through a
7		private branch exchange (PBX) service, there shall be
8		determined to be one network connection for each trunk line
9		capable of transporting either the subscriber's inter-premises
10		traffic to the public switched network or the subscriber's
11		9-1-1 calls to the public agency. Where multiple voice grade
12		communications channels are connected to a telecommunications
13		carrier's public switched network through centrex type
14		service, the number of network connections shall be equal to
15		the number of PBX trunk equivalents for the subscriber's
16		service, as determined by reference to any generally applicable
17		exchange access service tariff filed by the subscriber's
18		telecommunications carrier with the Commission.
19		"Network costs" means those recurring costs that directly
20		relate to the operation of the 9-1-1 network as determined by
21		the Statewide 9-1-1 Advisory Board, including, but not limited
22		to, costs for interoffice trunks, selective routing charges,
23		transfer lines and toll charges for 9-1-1 services, Automatic
24		Location Information (ALI) database charges, call box trunk
25		circuit (including central office only and not including
26		extensions to fire stations), independent local exchange

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1		carrier charges and non-system provider charges, carrier
2		charges for third party database for on-site customer premises
3		equipment, back-up PSAP trunks for non-system providers,
4		periodic database updates as provided by carrier (also known as
5		"ALI data dump"), regional ALI storage charges, circuits for
6		call delivery (fiber or circuit connection), NG9-1-1 costs, and
7		all associated fees, taxes, and surcharges on each invoice.
8		"Network costs" shall not include radio circuits or toll
9		charges that are other than for 9-1-1 services.
10		"Next generation 9-1-1" or "NG9-1-1" means an Internet
11		Protocol-based (IP-based) system comprised of managed ESInets,
12		functional elements and applications, and databases that
13		replicate traditional E9-1-1 features and functions and
14		provide additional capabilities. "NG9-1-1" systems are
15		designed to provide access to emergency services from all
16		connected communications sources, and provide multimedia data
17		capabilities for PSAPs and other emergency services
18		organizations.
19		"NG9-1-1 costs" means those recurring costs that directly
20		relate to the Next Generation 9-1-1 service as determined by
21		the Statewide 9-1-1 Advisory Board, including, but not limited
22		to, costs for Emergency System Routing Proxy (ESRP), Emergency
23		Call Routing Function/Location Validation Function (ECRF/LVF),
24		Spatial Information Function (SIF), the Border Control
25		Function (BCF), and the Emergency Services Internet Protocol
26		networks (ESInets), legacy network gateways, and all

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1		associated fees, taxes, and surcharges on each invoice.
2		"Private branch exchange" or "PBX" means a private
3		telephone system and associated equipment located on the user's
4		property that provides communications between internal
5		stations and external networks.
6		"Private business switch service" means a
7		telecommunications service including centrex type service and
8		PBX service, even though key telephone systems or equivalent
9		telephone systems registered with the Federal Communications
10		Commission under 47 C.F.R. Part 68 are directly connected to
11		centrex type and PBX systems providing 9-1-1 services equipped
12		for switched local network connections or 9-1-1 system access
13		to business end users through a private telephone switch.
14		"Private business switch service" does not include key
15		telephone systems or equivalent telephone systems registered
16		with the Federal Communications Commission under 47 C.F.R. Part
17		68 when not used in conjunction with centrex type and PBX
18		systems. "Private business switch service" typically includes,
19		but is not limited to, private businesses, corporations, and
20		industries where the telecommunications service is primarily
21		for conducting business.
22		"Private residential switch service" means a
23		telecommunications service including centrex type service and
24		PBX service, even though key telephone systems or equivalent
25		telephone systems registered with the Federal Communications
26		Commission under 47 C.F.R. Part 68 are directly connected to

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

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1		government authorized to provide 9-1-1 services pursuant to
2		this Act where no emergency telephone system board exists.
3		"Referral method" means a 9-1-1 service in which the PSAP
4		telecommunicator provides the calling party with the telephone
5		number of the appropriate public safety agency or other
6		provider of emergency services.
7		"Regular service" means any telecommunications service,
8		other than advanced service, that is capable of transporting
9		either the subscriber's inter-premises voice
10		telecommunications services to the public switched network or
11		the subscriber's 9-1-1 calls to the public agency.
12		"Relay method" means a 9-1-1 service in which the PSAP
13		telecommunicator takes the pertinent information from a caller
14		and relays that information to the appropriate public safety
15		agency or other provider of emergency services.
16		"Remit period" means the billing period, one month in
17		duration, for which a wireless carrier remits a surcharge and
18		provides subscriber information by zip code to the Department,
19		in accordance with Section 20 of this Act.
20		"Statewide wireless emergency 9-1-1 system" means all
21		areas of the State where an emergency telephone system board
22		or, in the absence of an emergency telephone system board, a
23		qualified governmental entity, has not declared its intention
24		for one or more of its public safety answering points to serve
25		as a primary wireless 9-1-1 public safety answering point for
26		its jurisdiction. The operator of the statewide wireless

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1		emergency 9-1-1 system shall be the Department of State Police.
2		"System" means the communications equipment and related
3		software applications required to produce a response by the
4		appropriate emergency public safety agency or other provider of
5		emergency services as a result of an emergency call being
6		placed to 9-1-1.
7		"System provider" means the contracted entity providing
8		9-1-1 network and database services.
9		"Telecommunications carrier" means those entities included
10		within the definition specified in Section 13-202 of the Public
11		Utilities Act, and includes those carriers acting as resellers
12		of telecommunications services. "Telecommunications carrier"
13		includes telephone systems operating as mutual concerns.
14		"Telecommunications carrier" does not include a wireless
15		carrier.
16		"Telecommunications technology" means equipment that can
17		send and receive written messages over the telephone network.
18		"Transfer method" means a 9-1-1 service in which the PSAP
19		telecommunicator receiving a call transfers that call to the
20		appropriate public safety agency or other provider of emergency
21		services.
22		"Transmitting messages" shall have the meaning given to
23		that term under Section 8-11-2 of the Illinois Municipal Code.
24		"Trunk line" means a transmission path, or group of
25		transmission paths, connecting a subscriber's PBX to a
26		telecommunications carrier's public switched network. In the

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1		case of regular service, each voice grade communications
2		channel or equivalent amount of bandwidth capable of
3		transporting either the subscriber's inter-premises voice
4		telecommunications services to the public switched network or
5		the subscriber's 9-1-1 calls to the public agency shall be
6		considered a trunk line, even if it is bundled with other
7		channels or additional bandwidth. In the case of advanced
8		service, each DS-1, T-1, or similar un-channelized or
9		multi-channel transmission facility that is capable of
10		transporting either the subscriber's inter-premises voice
11		telecommunications services to the public switched network or
12		the subscriber's 9-1-1 calls to the public agency shall be
13		considered a single trunk line, even if it contains multiple
14		voice grade communications channels or otherwise supports 2 or
15		more voice grade calls at a time; provided, however, that each
16		additional 1.544 Mbps of transmission capacity that is capable
17		of transporting either the subscriber's inter-premises voice
18		telecommunications services to the public switched network or
19		the subscriber's 9-1-1 calls to the public agency shall be
20		considered an additional trunk line.
21		"Voice-impaired individual" means a person with a
22		permanent speech disability which precludes oral
23		communication, who can regularly and routinely communicate by
24		telephone only through the aid of devices which can send and
25		receive written messages over the telephone network.
26		"Wireless carrier" means a provider of two-way cellular,

SB0096 Enrolled - 131 - LRB099 04130 HAF 24150 b
1		broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
2		Mobile Radio Service (CMRS), Wireless Communications Service
3		(WCS), or other Commercial Mobile Radio Service (CMRS), as
4		defined by the Federal Communications Commission, offering
5		radio communications that may provide fixed, mobile, radio
6		location, or satellite communication services to individuals
7		or businesses within its assigned spectrum block and
8		geographical area or that offers real-time, two-way voice
9		service that is interconnected with the public switched
10		network, including a reseller of such service.
11		"Wireless enhanced 9-1-1" means the ability to relay the
12		telephone number of the originator of a 9-1-1 call and location
13		information from any mobile handset or text telephone device
14		accessing the wireless system to the designated wireless public
15		safety answering point as set forth in the order of the Federal
16		Communications Commission, FCC Docket No. 94-102, adopted June
17		12, 1996, with an effective date of October 1, 1996, and any
18		subsequent amendment thereto.
19		"Wireless public safety answering point" means the
20		functional division of a 9-1-1 authority accepting wireless
21		9-1-1 calls.
22		"Wireless subscriber" means an individual or entity to whom
23		a wireless service account or number has been assigned by a
24		wireless carrier, other than an account or number associated
25		with prepaid wireless telecommunication service.
26		As used in this Act, the terms defined in Sections following

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1		this Section and preceding Section 3 have the meanings ascribed
2		to them in those Sections.
3		(Source: P.A. 88-497.)
4		(50 ILCS 750/3) (from Ch. 134, par. 33)
5		Sec. 3. (a) By July 1, 2017, every local public agency
6		shall be within the jurisdiction of a 9-1-1 system. Every local
7		public agency in a county having 100,000 or more inhabitants,
8		within its respective jurisdiction, shall establish and have in
9		operation within 3 years after the implementation date or by
10		December 31, 1985, whichever is later, a basic or sophisticated
11		system as specified in this Act. Other public agencies may
12		establish such a system, and shall be entitled to participate
13		in any program of grants or other State funding of such
14		systems.
15		(b) By July 1, 2020, every 9-1-1 system in Illinois shall
16		provide Next Generation 9-1-1 service. The establishment of
17		such systems shall be centralized to the extent feasible.
18		(c) Nothing in this Act shall be construed to prohibit or
19		discourage in any way the formation of multijurisdictional or
20		regional systems, and any system established pursuant to this
21		Act may include the territory of more than one public agency or
22		may include a segment of the territory of a public agency.
23		(Source: P.A. 81-1509.)
24		(50 ILCS 750/4) (from Ch. 134, par. 34)

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1		Sec. 4. Every system shall include police, firefighting,
2		and emergency medical and ambulance services, and may include
3		other emergency services, in the discretion of the affected
4		local public agency, such as poison control services, suicide
5		prevention services, and civil defense services. The system may
6		incorporate private ambulance service. In those areas in which
7		a public safety agency of the state provides such emergency
8		services, the system shall include such public safety agencies.
9		(Source: P.A. 79-1092.)
10		(50 ILCS 750/6) (from Ch. 134, par. 36)
11		Sec. 6. Capabilities of system; pay telephones. All systems
12		shall be designed to meet the specific requirements of each
13		community and public agency served by the system. Every system,
14		whether basic or sophisticated, shall be designed to have the
15		capability of utilizing the direct dispatch method, relay
16		method, transfer method, or referral method at least 1 of the
17		methods specified in Sections 2.03 through 2.06, in response to
18		emergency calls. The General Assembly finds and declares that
19		the most critical aspect of the design of any system is the
20		procedure established for handling a telephone request for
21		emergency services.
22		In addition, to maximize efficiency and utilization of the
23		system, all pay telephones within each system shall, within 3
24		years after the implementation date or by December 31, 1985,
25		whichever is later, enable a caller to dial "9-1-1" for

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1		emergency services without the necessity of inserting a coin.
2		This paragraph does not apply to pay telephones located in
3		penal institutions, as defined in Section 2-14 of the Criminal
4		Code of 2012, that have been designated for the exclusive use
5		of committed persons.
6		(Source: P.A. 97-1150, eff. 1-25-13.)
7		(50 ILCS 750/6.1) (from Ch. 134, par. 36.1)
8		Sec. 6.1. Every The Commission shall require that every
9		9-1-1 system shall be readily accessible to hearing-impaired
10		and voice-impaired individuals through the use of
11		telecommunications technology for hearing-impaired and
12		speech-impaired individuals.
13		As used in this Section:
14		"Hearing-impaired individual" means a person with a
15		permanent hearing loss who can regularly and routinely
16		communicate by telephone only through the aid of devices
17		which can send and receive written messages over the
18		telephone network.
19		"Voice-impaired individual" means a person with a
20		permanent speech disability which precludes oral
21		communication, who can regularly and routinely communicate
22		by telephone only through the aid of devices which can send
23		and receive written messages over the telephone network.
24		"Telecommunications technology" means equipment that
25		can send and receive written messages over the telephone

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1		network.
2		(Source: P.A. 87-146.)
3		(50 ILCS 750/7) (from Ch. 134, par. 37)
4		Sec. 7. The General Assembly finds that, because of
5		overlapping jurisdiction of public agencies, public safety
6		agencies and telephone service areas, the Administrator, with
7		the advice and recommendation of the Statewide 9-1-1 Advisory
8		Board, Commission shall establish a general overview or plan to
9		effectuate the purposes of this Act within the time frame
10		provided in this Act. In order to insure that proper
11		preparation and implementation of emergency telephone systems
12		are accomplished by all public agencies as required under this
13		Act in a county having 100,000 or more inhabitants within 3
14		years after the implementation date or by December 31, 1985,
15		whichever is later, the Department Commission, with the advice
16		and assistance of the Attorney General, shall secure compliance
17		by public agencies as provided in this Act.
18		(Source: P.A. 81-1122.)
19		(50 ILCS 750/8) (from Ch. 134, par. 38)
20		Sec. 8. The Administrator Commission, with the advice and
21		recommendation assistance of the Statewide 9-1-1 Advisory
22		Board Attorney General, shall coordinate the implementation of
23		systems established under this Act. The Commission, with the
24		advice and assistance of the Attorney General, shall assist

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1		local public agencies and local public safety agencies in
2		obtaining financial help to establish emergency telephone
3		service, and shall aid such agencies in the formulation of
4		concepts, methods, and procedures which will improve the
5		operation of systems required by this Act and which will
6		increase cooperation between public safety agencies.
7		(Source: P.A. 79-1092.)
8		(50 ILCS 750/10) (from Ch. 134, par. 40)
9		Sec. 10. The Administrator, with the advice and
10		recommendation of the Statewide 9-1-1 Advisory Board, shall
11		establish uniform technical and operational standards for all
12		9-1-1 systems in Illinois. All findings, orders, decisions,
13		rules, and regulations issued or promulgated by the Commission
14		under this Act or any other Act establishing or conferring
15		power on the Commission with respect to emergency
16		telecommunications services, shall continue in force.
17		Notwithstanding the provisions of this Section, where
18		applicable, the Administrator shall, with the advice and
19		recommendation of the Statewide 9-1-1 Advisory Board, amend the
20		Commission's findings, orders, decisions, rules, and
21		regulations to conform to the specific provisions of this Act
22		as soon as practicable after the effective date of this
23		amendatory Act of the 99th General Assembly. The Department may
24		adopt emergency rules necessary to implement the provisions of
25		this amendatory Act of the 99th General Assembly under

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1		subsection (t) of Section 5-45 of the Illinois Administrative
2		Procedure Act. Technical and operational standards for the
3		development of the local agency systems shall be established
4		and reviewed by the Commission on or before December 31, 1979,
5		after consultation with all agencies specified in Section 9.
6		For the limited purpose of permitting a board, a qualified
7		governmental entity, a group of boards, or a group of
8		governmental entities to participate in a Regional Pilot
9		Project to implement next generation 9-1-1, as defined in this
10		Act, the Commission may forbear from applying any rule adopted
11		under the Emergency Telephone Systems Act as it applies to
12		conducting of the Regional Pilot Project to implement next
13		generation 9-1-1, if the Commission determines, after notice
14		and hearing, that:
15		(1) enforcement of the rule is not necessary to ensure
16		the development and improvement of emergency communication
17		procedures and facilities in such a manner as to be able to
18		quickly respond to any person requesting 9-1-1 service from
19		police, fire, medical, rescue, and other emergency
20		services;
21		(2) enforcement of the rule or provision is not
22		necessary for the protection of consumers; and
23		(3) forbearance from applying the provisions or rules
24		is consistent with the public interest.
25		The Commission may exercise such forbearance with respect
26		to one, and only one, Regional Pilot Project to implement next

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1		generation 9-1-1.
2		If the Commission authorizes a Regional Pilot Project, then
3		telecommunications carriers shall not be liable for any civil
4		damages as a result of any act or omission, except willful or
5		wanton misconduct, in connection with developing, adopting,
6		operating, implementing, or delivering or receiving calls in
7		connection with any plan or system authorized by this Section
8		and Section 11 of this Act.
9		(Source: P.A. 96-1443, eff. 8-20-10.)
10		(50 ILCS 750/10.2) (from Ch. 134, par. 40.2)
11		Sec. 10.2. The Emergency Telephone System Board in any
12		county passing a referendum under Section 15.3, and the
13		Chairman of the County Board in any county implementing a 9-1-1
14		system shall ensure that all areas of the county are included
15		in the system.
16		(Source: P.A. 87-146.)
17		(50 ILCS 750/11) (from Ch. 134, par. 41)
18		Sec. 11. Within one year after the implementation date or
19		by January 31, 1980, whichever is later, all public agencies in
20		a county having 100,000 or more inhabitants shall submit
21		tentative plans of the establishment of a system required by
22		this Act to the public utility or utilities providing public
23		telephone service within the respective jurisdiction of each
24		public agency. A copy of each such plan shall be filed with the

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1		Commission.
2		Within 2 years after the implementation date or by January
3		31, 1982, whichever is later, all public agencies in a county
4		having 100,000 or more inhabitants shall submit final plans for
5		the establishment of the system to such utilities, and shall
6		make arrangements with such utilities for the implementation of
7		the planned emergency telephone system no later than 3 years
8		after the implementation date or by December 31, 1985,
9		whichever is later. A copy of the plan required by this
10		subdivision shall be filed with the Commission. In order to
11		secure compliance with the standards promulgated under Section
12		10, the Commission shall have the power to approve or
13		disapprove such plan, unless such plan was announced before the
14		effective date of this Act.
15		If any public agency has implemented or is a part of a
16		system required by this Act on a deadline specified in this
17		Section, such public agency shall submit in lieu of the
18		tentative or final plan a report describing the system and
19		stating its operational date.
20		A board, a qualified governmental entity, a group of
21		boards, or a group of qualified governmental entities involved
22		in a Regional Pilot Project to implement next generation 9-1-1,
23		as defined in this Act, shall submit a plan to the Commission
24		describing in detail the Regional Pilot Project no fewer than
25		180 days prior to the implementation of the plan. The
26		Commission may approve the plan after notice and hearing to

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1		authorize such Regional Pilot Project. Such shall not exceed
2		one year duration or other time period approved by the
3		Commission. No entity may proceed with the Regional Pilot
4		Project until it receives Commission approval. In approving any
5		plan for a Regional Pilot Project under this Section, the
6		Commission may impose such terms, conditions, or requirements
7		as, in its judgment, are necessary to protect the interests of
8		the public.
9		The Commission shall have authority to approve one, and
10		only one, Regional Pilot Project to implement next generation
11		9-1-1.
12		All local public agencies operating a 9-1-1 system shall
13		operate under a plan that has been filed with and approved by
14		the Commission prior to January 1, 2016, or the Administrator.
15		Plans filed under this Section shall conform to minimum
16		standards established pursuant to Section 10.
17		(Source: P.A. 96-1443, eff. 8-20-10.)
18		(50 ILCS 750/12) (from Ch. 134, par. 42)
19		Sec. 12. The Attorney General may, in behalf of the
20		Department Commission or on his own initiative, commence
21		judicial proceedings to enforce compliance by any public agency
22		or public utility providing telephone service with this Act.
23		(Source: P.A. 79-1092.)
24		(50 ILCS 750/15) (from Ch. 134, par. 45)

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1		Sec. 15. Copies of the annual certified notification of
2		continuing agreement required by Section 14 shall be filed with
3		the Attorney General and the Administrator Commission. All
4		Commencing with the year 1987, all such agreements shall be so
5		filed prior to the 31st day of January. The Attorney General
6		shall commence judicial proceedings to enforce compliance with
7		this Section and Section 14, where a public agency or public
8		safety agency has failed to timely enter into such agreement or
9		file copies thereof.
10		(Source: P.A. 86-101.)
11		(50 ILCS 750/15.1) (from Ch. 134, par. 45.1)
12		Sec. 15.1. Public body; exemption from civil liability for
13		developing or operating emergency telephone system.
14		(a) In no event shall a No public agency, the Commission,
15		the Statewide 9-1-1 Advisory Board, the Administrator, the
16		Department of State Police, public safety agency, public safety
17		answering point, emergency telephone system board, or unit of
18		local government assuming the duties of an emergency telephone
19		system board, or carrier, or its officers, employees, assigns,
20		or agents nor any officer, agent or employee of any public
21		agency, public safety agency, emergency telephone system
22		board, or unit of local government assuming the duties of an
23		emergency telephone system board, shall be liable for any civil
24		damages or criminal liability that directly or indirectly
25		results from, or is caused by, any act or omission in the

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1		development, design, installation, operation, maintenance,
2		performance, or provision of 9-1-1 service required by this
3		Act, unless the act or omission constitutes gross negligence,
4		recklessness, or intentional misconduct as a result of any act
5		or omission, except willful or wanton misconduct, in connection
6		with developing, adopting, operating or implementing any plan
7		or system required by this Act.
8		A unit of local government, the Commission, the Statewide
9		9-1-1 Advisory Board, the Administrator, the Department of
10		State Police, public safety agency, public safety answering
11		point, emergency telephone system board, or carrier, or its
12		officers, employees, assigns, or agents, shall not be liable
13		for any form of civil damages or criminal liability that
14		directly or indirectly results from, or is caused by, the
15		release of subscriber information to any governmental entity as
16		required under the provisions of this Act, unless the release
17		constitutes gross negligence, recklessness, or intentional
18		misconduct.
19		(b) Exemption from civil liability for emergency
20		instructions is as provided in the Good Samaritan Act.
21		(c) This Section may not be offered as a defense in any
22		judicial proceeding brought by the Attorney General under
23		Section 12 to compel compliance with this Act.
24		(Source: P.A. 89-403, eff. 1-1-96; 89-607, eff. 1-1-97.)
25		(50 ILCS 750/15.2c new)

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1		Sec. 15.2c. Call boxes. No carrier shall be required to
2		provide a call box. For purposes of this Section, the term
3		"call box" means a device that is normally mounted to an
4		outside wall of the serving telecommunications carrier central
5		office and designed to provide emergency on-site answering by
6		authorized personnel at the central office location in the
7		event a central office is isolated from the 9-1-1 network.
8		(50 ILCS 750/15.3a new)
9		Sec. 15.3a. Local wireless surcharge.
10		(a) Notwithstanding any other provision of this Act, a unit
11		of local government or emergency telephone system board
12		providing wireless 9-1-1 service and imposing and collecting a
13		wireless carrier surcharge prior to July 1, 1998 may continue
14		its practices of imposing and collecting its wireless carrier
15		surcharge, but, except as provided in subsection (b) of this
16		Section, in no event shall that monthly surcharge exceed $2.50
17		per commercial mobile radio service (CMRS) connection or
18		in-service telephone number billed on a monthly basis. For
19		mobile telecommunications services provided on and after
20		August 1, 2002, any surcharge imposed shall be imposed based
21		upon the municipality or county that encompasses the customer's
22		place of primary use as defined in the Mobile
23		Telecommunications Sourcing Conformity Act.
24		(b) Until July 1, 2017, the corporate authorities of a
25		municipality with a population in excess of 500,000 on the

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1		effective date of this amendatory Act of the 99th General
2		Assembly may by ordinance continue to impose and collect a
3		monthly surcharge per commercial mobile radio service (CMRS)
4		connection or in-service telephone number billed on a monthly
5		basis that does not exceed the highest monthly surcharge
6		imposed as of January 1, 2014 by any county or municipality
7		under subsection (c) of Section 15.3 of this Act. On or after
8		July 1, 2017, the municipality may continue imposing and
9		collecting its wireless carrier surcharge as provided in and
10		subject to the limitations of subsection (a) of this Section.
11		(c) In addition to any other lawful purpose, a municipality
12		with a population over 500,000 may use the moneys collected
13		under this Section for any anti-terrorism or emergency
14		preparedness measures, including, but not limited to,
15		preparedness planning, providing local matching funds for
16		federal or State grants, personnel training, and specialized
17		equipment, including surveillance cameras, as needed to deal
18		with natural and terrorist-inspired emergency situations or
19		events.
20		(50 ILCS 750/15.4) (from Ch. 134, par. 45.4)
21		Sec. 15.4. Emergency Telephone System Board; powers.
22		(a) Except as provided in subsection (e) of this Section,
23		the The corporate authorities of any county or municipality may
24		that imposes a surcharge under Section 15.3 shall establish an
25		Emergency Telephone System Board. The corporate authorities

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1		shall provide for the manner of appointment and the number of
2		members of the Board, provided that the board shall consist of
3		not fewer than 5 members, one of whom must be a public member
4		who is a resident of the local exchange service territory
5		included in the 9-1-1 coverage area, one of whom (in counties
6		with a population less than 100,000) may must be a member of
7		the county board, and at least 3 of whom shall be
8		representative of the 9-1-1 public safety agencies, including
9		but not limited to police departments, fire departments,
10		emergency medical services providers, and emergency services
11		and disaster agencies, and appointed on the basis of their
12		ability or experience. In counties with a population of more
13		than 100,000 but less than 2,000,000, a member of the county
14		board may serve on the Emergency Telephone System Board.
15		Elected officials, including members of a county board, are
16		also eligible to serve on the board. Members of the board shall
17		serve without compensation but shall be reimbursed for their
18		actual and necessary expenses. Any 2 or more municipalities,
19		counties, or combination thereof, that impose a surcharge under
20		Section 15.3 may, instead of establishing individual boards,
21		establish by intergovernmental agreement a Joint Emergency
22		Telephone System Board pursuant to this Section. The manner of
23		appointment of such a joint board shall be prescribed in the
24		agreement.
25		Upon the effective date of this amendatory Act of the 98th
26		General Assembly, appointed members of the Emergency Telephone

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1		System Board shall serve staggered 3-year terms if: (1) the
2		Board serves a county with a population of 100,000 or less; and
3		(2) appointments, on the effective date of this amendatory Act
4		of the 98th General Assembly, are not for a stated term. The
5		corporate authorities of the county or municipality shall
6		assign terms to the board members serving on the effective date
7		of this amendatory Act of the 98th General Assembly in the
8		following manner: (1) one-third of board members' terms shall
9		expire on January 1, 2015; (2) one-third of board members'
10		terms shall expire on January 1, 2016; and (3) remaining board
11		members' terms shall expire on January 1, 2017. Board members
12		may be re-appointed upon the expiration of their terms by the
13		corporate authorities of the county or municipality.
14		The corporate authorities of a county or municipality may,
15		by a vote of the majority of the members elected, remove an
16		Emergency Telephone System Board member for misconduct,
17		official misconduct, or neglect of office.
18		(b) The powers and duties of the board shall be defined by
19		ordinance of the municipality or county, or by
20		intergovernmental agreement in the case of a joint board. The
21		powers and duties shall include, but need not be limited to the
22		following:
23		(1) Planning a 9-1-1 system.
24		(2) Coordinating and supervising the implementation,
25		upgrading, or maintenance of the system, including the
26		establishment of equipment specifications and coding

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1		systems.
2		(3) Receiving moneys from the surcharge imposed under
3		Section 15.3, or disbursed to it under Section 30, and from
4		any other source, for deposit into the Emergency Telephone
5		System Fund.
6		(4) Authorizing all disbursements from the fund.
7		(5) Hiring any staff necessary for the implementation
8		or upgrade of the system.
9		(6) (Blank). Participating in a Regional Pilot Project
10		to implement next generation 9-1-1, as defined in this Act,
11		subject to the conditions set forth in this Act.
12		(c) All moneys received by a board pursuant to a surcharge
13		imposed under Section 15.3, or disbursed to it under Section
14		30, shall be deposited into a separate interest-bearing
15		Emergency Telephone System Fund account. The treasurer of the
16		municipality or county that has established the board or, in
17		the case of a joint board, any municipal or county treasurer
18		designated in the intergovernmental agreement, shall be
19		custodian of the fund. All interest accruing on the fund shall
20		remain in the fund. No expenditures may be made from such fund
21		except upon the direction of the board by resolution passed by
22		a majority of all members of the board. Expenditures may be
23		made only to pay for the costs associated with the following:
24		(1) The design of the Emergency Telephone System.
25		(2) The coding of an initial Master Street Address
26		Guide data base, and update and maintenance thereof.

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1		(3) The repayment of any moneys advanced for the
2		implementation of the system.
3		(4) The charges for Automatic Number Identification
4		and Automatic Location Identification equipment, a
5		computer aided dispatch system that records, maintains,
6		and integrates information, mobile data transmitters
7		equipped with automatic vehicle locators, and maintenance,
8		replacement and update thereof to increase operational
9		efficiency and improve the provision of emergency
10		services.
11		(5) The non-recurring charges related to installation
12		of the Emergency Telephone System and the ongoing network
13		charges.
14		(6) The acquisition and installation, or the
15		reimbursement of costs therefor to other governmental
16		bodies that have incurred those costs, of road or street
17		signs that are essential to the implementation of the
18		emergency telephone system and that are not duplicative of
19		signs that are the responsibility of the jurisdiction
20		charged with maintaining road and street signs.
21		(7) Other products and services necessary for the
22		implementation, upgrade, and maintenance of the system and
23		any other purpose related to the operation of the system,
24		including costs attributable directly to the construction,
25		leasing, or maintenance of any buildings or facilities or
26		costs of personnel attributable directly to the operation

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1		of the system. Costs attributable directly to the operation
2		of an emergency telephone system do not include the costs
3		of public safety agency personnel who are and equipment
4		that is dispatched in response to an emergency call.
5		(7.5) The purchase of real property if the purchase is
6		made before March 16, 2006.
7		(8) In the case of a municipality that imposes a
8		surcharge under subsection (h) of Section 15.3, moneys may
9		also be used for any anti-terrorism or emergency
10		preparedness measures, including, but not limited to,
11		preparedness planning, providing local matching funds for
12		federal or State grants, personnel training, and
13		specialized equipment, including surveillance cameras as
14		needed to deal with natural and terrorist-inspired
15		emergency situations or events.
16		(9) The defraying of expenses incurred in
17		participation in a Regional Pilot Project to implement next
18		generation 9-1-1, subject to the conditions set forth in
19		this Act.
20		(10) The implementation of a computer aided dispatch
21		system or hosted supplemental 9-1-1 services.
22		Moneys in the fund may also be transferred to a
23		participating fire protection district to reimburse volunteer
24		firefighters who man remote telephone switching facilities
25		when dedicated 9-1-1 lines are down.
26		(d) The board shall complete a Master Street Address Guide

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1		database the data base before implementation of the 9-1-1
2		system. The error ratio of the database data base shall not at
3		any time exceed 1% of the total database data base.
4		(e) On and after January 1, 2016, no municipality or county
5		may create an Emergency Telephone System Board unless the board
6		is a Joint Emergency Telephone System Board. The corporate
7		authorities of any county or municipality entering into an
8		intergovernmental agreement to create or join a Joint Emergency
9		Telephone System Board shall rescind the ordinance or
10		ordinances creating the original Emergency Telephone System
11		Board and shall eliminate the Emergency Telephone System Board,
12		effective upon the creation, with regulatory approval by the
13		Administrator, or joining of the Joint Emergency Telephone
14		System Board.
15		(Source: P.A. 97-517, eff. 8-23-11; 97-1018, eff. 8-17-12;
16		98-481, eff. 8-16-13.)
17		(50 ILCS 750/15.4a new)
18		Sec. 15.4a. Consolidation.
19		(a) By July 1, 2017, and except as otherwise provided in
20		this Section, Emergency Telephone System Boards, Joint
21		Emergency Telephone System Boards, qualified governmental
22		entities, and PSAPs shall be consolidated as follows, subject
23		to subsections (b) and (c) of this Section:
24		(1) In any county with a population of at least 250,000
25		that has a single Emergency Telephone System Board, or

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1		qualified governmental entity and more than 2 PSAPs, shall
2		reduce the number of PSAPs by at least 50% or to 2 PSAPs,
3		whichever is greater. Nothing in this paragraph shall
4		preclude consolidation resulting in one PSAP in the county.
5		(2) In any county with a population of at least 250,000
6		that has more than one Emergency Telephone System Board,
7		Joint Emergency Telephone System Board, or qualified
8		governmental entity, any 9-1-1 Authority serving a
9		population of less than 25,000 shall be consolidated such
10		that no 9-1-1 Authority in the county serves a population
11		of less than 25,000.
12		(3) In any county with a population of at least 250,000
13		but less than 1,000,000 that has more than one Emergency
14		Telephone System Board, Joint Emergency Telephone System
15		Board, or qualified governmental entity, each 9-1-1
16		Authority shall reduce the number of PSAPs by at least 50%
17		or to 2 PSAPs, whichever is greater. Nothing in this
18		paragraph shall preclude consolidation of a 9-1-1
19		Authority into a Joint Emergency Telephone System Board,
20		and nothing in this paragraph shall preclude consolidation
21		resulting in one PSAP in the county.
22		(4) In any county with a population of less than
23		250,000 that has a single Emergency Telephone System Board
24		or qualified governmental entity and more than 2 PSAPs, the
25		9-1-1 Authority shall reduce the number of PSAPs by at
26		least 50% or to 2 PSAPs, whichever is greater. Nothing in

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1		this paragraph shall preclude consolidation resulting in
2		one PSAP in the county.
3		(5) In any county with a population of less than
4		250,000 that has more than one Emergency Telephone System
5		Board, Joint Emergency Telephone System Board, or
6		qualified governmental entity and more than 2 PSAPS, the
7		9-1-1 Authorities shall be consolidated into a single joint
8		board, and the number of PSAPs shall be reduced by at least
9		50% or to 2 PSAPs, whichever is greater. Nothing in this
10		paragraph shall preclude consolidation resulting in one
11		PSAP in the county.
12		(6) Any 9-1-1 Authority that does not have a PSAP
13		within its jurisdiction shall be consolidated through an
14		intergovernmental agreement with an existing 9-1-1
15		Authority that has a PSAP to create a Joint Emergency
16		Telephone Board.
17		(7) The corporate authorities of each county that has
18		no 9-1-1 service as of January 1, 2016 shall provide
19		enhanced 9-1-1 wireline and wireless enhanced 9-1-1
20		service for that county by either (i) entering into an
21		intergovernmental agreement with an existing Emergency
22		Telephone System Board to create a new Joint Emergency
23		Telephone System Board, or (ii) entering into an
24		intergovernmental agreement with the corporate authorities
25		that have created an existing Joint Emergency Telephone
26		System Board.

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1		(b) By July 1, 2016, each county required to consolidate
2		pursuant to paragraph (7) of subsection (a) of this Section and
3		each 9-1-1 Authority required to consolidate pursuant to
4		paragraphs (1) through (6) of subsection (a) of this Section
5		shall file a plan for consolidation or a request for a waiver
6		pursuant to subsection (c) of this Section with the Division of
7		9-1-1. Within 60 calendar days of receiving a consolidation
8		plan, the Statewide 9-1-1 Advisory Board shall hold at least
9		one public hearing on the plan and provide a recommendation to
10		the Administrator. Notice of the hearing shall be provided to
11		the respective entity to which the plan applies. Within 90
12		calendar days of receiving a consolidation plan, the
13		Administrator shall approve the plan, approve the plan as
14		modified, or grant a waiver pursuant to subsection (c) of this
15		Section. In making his or her decision, the Administrator shall
16		consider any recommendation from the Statewide 9-1-1 Advisory
17		Board regarding the plan. If the Administrator does not follow
18		the recommendation of the Board, the Administrator shall
19		provide a written explanation for the deviation in his or her
20		decision. The deadlines provided in this subsection may be
21		extended upon agreement between the Administrator and entity
22		which submitted the plan.
23		(c) A waiver from a consolidation required under subsection
24		(a) of this Section may be granted if the Administrator finds
25		that the consolidation will result in a substantial threat to
26		public safety, is economically unreasonable, or is technically

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1		infeasible.
2		(d) Any decision of the Administrator under this Section
3		shall be deemed a final administrative decision and shall be
4		subject to judicial review under the Administrative Review Law.
5		(50 ILCS 750/15.4b new)
6		Sec. 15.4b. Consolidation grants.
7		(a) The Administrator, with the advice and recommendation
8		of the Statewide 9-1-1 Advisory Board, shall administer a 9-1-1
9		System Consolidation Grant Program to defray costs associated
10		with 9-1-1 system consolidation of systems outside of a
11		municipality with a population in excess of 500,000. The
12		awarded grants will be used to offset non-recurring costs
13		associated with the consolidation of 9-1-1 systems and shall
14		not be used for ongoing operating costs associated with the
15		consolidated system. The Department, in consultation with the
16		Administrator and the Statewide 9-1-1 Advisory Board, shall
17		adopt rules defining the grant process and criteria for issuing
18		the grants. The grants should be awarded based on criteria that
19		include, but are not limited to:
20		(1) reducing the number of transfers of a 9-1-1 call;
21		(2) reducing the infrastructure required to adequately
22		provide 9-1-1 network services;
23		(3) promoting cost savings from resource sharing among
24		9-1-1 systems;
25		(4) facilitating interoperability and resiliency for

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1		the receipt of 9-1-1 calls;
2		(5) reducing the number of 9-1-1 systems or reducing
3		the number of PSAPs within a 9-1-1 system;
4		(6) cost saving resulting from 9-1-1 system
5		consolidation; and
6		(7) expanding E9-1-1 service coverage as a result of
7		9-1-1 system consolidation including to areas without
8		E9-1-1 service.
9		Priority shall be given first to counties not providing
10		9-1-1 service as of January 1, 2016, and next to other entities
11		consolidating as required under Section 15.4a of this Act.
12		(b) The 9-1-1 System Consolidation Grant application, as
13		defined by Department rules, shall be submitted electronically
14		to the Administrator starting January 2, 2016, and every
15		January 2 thereafter. The application shall include a modified
16		9-1-1 system plan as required by this Act in support of the
17		consolidation plan. The Administrator shall have until June 30,
18		2016 and every June 30 thereafter to approve 9-1-1 System
19		Consolidation grants and modified 9-1-1 system plans. Payment
20		under the approved 9-1-1 System Consolidation grants shall be
21		contingent upon the final approval of a modified 9-1-1 system
22		plan.
23		(c) Existing and previously completed consolidation
24		projects shall be eligible to apply for reimbursement of costs
25		related to the consolidation incurred between 2010 and the
26		State fiscal year of the application.

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1		(d) The 9-1-1 systems that receive grants under this
2		Section shall provide a report detailing grant fund usage to
3		the Administrator pursuant to Section 40 of this Act.
4		(50 ILCS 750/15.5)
5		Sec. 15.5. Private residential switch service 9-1-1
6		service.
7		(a) After June 30, 1995, an entity that provides or
8		operates private residential switch service and provides
9		telecommunications facilities or services to residents shall
10		provide to those residential end users the same level of 9-1-1
11		service as the public agency and the telecommunications carrier
12		are providing to other residential end users of the local 9-1-1
13		system. This service shall include, but not be limited to, the
14		capability to identify the telephone number, extension number,
15		and the physical location that is the source of the call to the
16		number designated as the emergency telephone number.
17		(b) The private residential switch operator is responsible
18		for forwarding end user automatic location identification
19		record information to the 9-1-1 system provider according to
20		the format, frequency, and procedures established by that
21		system provider.
22		(c) This Act does not apply to any PBX telephone extension
23		that uses radio transmissions to convey electrical signals
24		directly between the telephone extension and the serving PBX.
25		(d) An entity that violates this Section is guilty of a

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1		business offense and shall be fined not less than $1,000 and
2		not more than $5,000.
3		(e) Nothing in this Section shall be construed to preclude
4		the Attorney General on behalf of the Department Commission or
5		on his or her own initiative, or any other interested person,
6		from seeking judicial relief, by mandamus, injunction, or
7		otherwise, to compel compliance with this Section.
8		(Source: P.A. 88-604, eff. 9-1-94; 89-222, eff. 1-1-96; 89-497,
9		eff. 6-27-96.)
10		(50 ILCS 750/15.6)
11		Sec. 15.6. Enhanced 9-1-1 service; business service.
12		(a) After June 30, 2000, or within 18 months after enhanced
13		9-1-1 service becomes available, any entity that installs or
14		operates a private business switch service and provides
15		telecommunications facilities or services to businesses shall
16		assure that the system is connected to the public switched
17		network in a manner that calls to 9-1-1 result in automatic
18		number and location identification. For buildings having their
19		own street address and containing workspace of 40,000 square
20		feet or less, location identification shall include the
21		building's street address. For buildings having their own
22		street address and containing workspace of more than 40,000
23		square feet, location identification shall include the
24		building's street address and one distinct location
25		identification per 40,000 square feet of workspace. Separate

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1		buildings containing workspace of 40,000 square feet or less
2		having a common public street address shall have a distinct
3		location identification for each building in addition to the
4		street address.
5		(b) Exemptions. Buildings containing workspace of more
6		than 40,000 square feet are exempt from the multiple location
7		identification requirements of subsection (a) if the building
8		maintains, at all times, alternative and adequate means of
9		signaling and responding to emergencies. Those means shall
10		include, but not be limited to, a telephone system that
11		provides the physical location of 9-1-1 calls coming from
12		within the building. Health care facilities are presumed to
13		meet the requirements of this paragraph if the facilities are
14		staffed with medical or nursing personnel 24 hours per day and
15		if an alternative means of providing information about the
16		source of an emergency call exists. Buildings under this
17		exemption must provide 9-1-1 service that provides the
18		building's street address.
19		Buildings containing workspace of more than 40,000 square
20		feet are exempt from subsection (a) if the building maintains,
21		at all times, alternative and adequate means of signaling and
22		responding to emergencies, including a telephone system that
23		provides the location of a 9-1-1 call coming from within the
24		building, and the building is serviced by its own medical, fire
25		and security personnel. Buildings under this exemption are
26		subject to emergency phone system certification by the

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1		Administrator Illinois Commerce Commission.
2		Buildings in communities not serviced by enhanced 9-1-1
3		service are exempt from subsection (a).
4		Correctional institutions and facilities, as defined in
5		subsection (d) of Section 3-1-2 of the Unified Code of
6		Corrections, are exempt from subsection (a).
7		(c) This Act does not apply to any PBX telephone extension
8		that uses radio transmissions to convey electrical signals
9		directly between the telephone extension and the serving PBX.
10		(d) An entity that violates this Section is guilty of a
11		business offense and shall be fined not less than $1,000 and
12		not more than $5,000.
13		(e) Nothing in this Section shall be construed to preclude
14		the Attorney General on behalf of the Department Commission or
15		on his or her own initiative, or any other interested person,
16		from seeking judicial relief, by mandamus, injunction, or
17		otherwise, to compel compliance with this Section.
18		(f) The Department may Commission shall promulgate rules
19		for the administration of this Section no later than January 1,
20		2000.
21		(Source: P.A. 91-518, eff. 8-13-99; 92-16, eff. 6-28-01;
22		92-188, eff. 8-1-01.)
23		(50 ILCS 750/15.6a new)
24		Sec. 15.6a. Wireless emergency 9-1-1 service.
25		(a) The digits "9-1-1" shall be the designated emergency

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1		telephone number within the wireless system.
2		(b) The Department may set non-discriminatory and uniform
3		technical and operational standards consistent with the rules
4		of the Federal Communications Commission for directing calls to
5		authorized public safety answering points. These standards
6		shall not in any way prescribe the technology or manner a
7		wireless carrier shall use to deliver wireless 9-1-1 or
8		wireless E9-1-1 calls, and these standards shall not exceed the
9		requirements set by the Federal Communications Commission;
10		however, standards for directing calls to the authorized public
11		safety answering point shall be included. The authority given
12		to the Department in this Section is limited to setting
13		standards as set forth herein and does not constitute authority
14		to regulate wireless carriers.
15		(c) For the purpose of providing wireless 9-1-1 emergency
16		services, an emergency telephone system board or, in the
17		absence of an emergency telephone system board, a qualified
18		governmental entity, may declare its intention for one or more
19		of its public safety answering points to serve as a primary
20		wireless 9-1-1 public safety answering point for its
21		jurisdiction by notifying the Administrator in writing within 6
22		months after receiving its authority to operate a 9-1-1 system
23		under this Act. In addition, 2 or more emergency telephone
24		system boards or qualified governmental entities may, by virtue
25		of an intergovernmental agreement, provide wireless 9-1-1
26		service. The Department of State Police shall be the primary

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1		wireless 9-1-1 public safety answering point for any
2		jurisdiction that did not provide notice to the Illinois
3		Commerce Commission and the Department prior to January 1,
4		2016.
5		(d) The Administrator, upon a request from a qualified
6		governmental entity or an emergency telephone system board and
7		with the advice and recommendation of the Statewide 9-1-1
8		Advisory Board, may grant authority to the emergency telephone
9		system board or a qualified governmental entity to provide
10		wireless 9-1-1 service in areas for which the Department has
11		accepted wireless 9-1-1 responsibility. The Administrator
12		shall maintain a current list of all 9-1-1 systems and
13		qualified governmental entities providing wireless 9-1-1
14		service under this Act.
15		(50 ILCS 750/15.6b new)
16		Sec. 15.6b. Next Generation 9-1-1 service.
17		(a) The Administrator, with the advice and recommendation
18		of the Statewide 9-1-1 Advisory Board, shall develop and
19		implement a plan for a statewide Next Generation 9-1-1 network.
20		The Next Generation 9-1-1 network must be an Internet
21		protocol-based platform that at a minimum provides:
22		(1) improved 9-1-1 call delivery;
23		(2) enhanced interoperability;
24		(3) increased ease of communication between 9-1-1
25		service providers, allowing immediate transfer of 9-1-1

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1		calls, caller information, photos, and other data
2		statewide;
3		(4) a hosted solution with redundancy built in; and
4		(5) compliance with NENA Standards i3 Solution 08-003.
5		(b) By July 1, 2016, the Administrator, with the advice and
6		recommendation of the Statewide 9-1-1 Advisory Board, shall
7		design and issue a competitive request for a proposal to secure
8		the services of a consultant to complete a feasibility study on
9		the implementation of a statewide Next Generation 9-1-1 network
10		in Illinois. By July 1, 2017, the consultant shall complete the
11		feasibility study and make recommendations as to the
12		appropriate procurement approach for developing a statewide
13		Next Generation 9-1-1 network.
14		(c) Within 12 months of the final report from the
15		consultant under subsection (b) of this Section, the Department
16		shall procure and finalize a contract with a vendor certified
17		under Section 13-900 of the Public Utilities Act to establish a
18		statewide Next Generation 9-1-1 network. By July 1, 2020, the
19		vendor shall implement a Next Generation 9-1-1 network that
20		allows 9-1-1 systems providing 9-1-1 service to Illinois
21		residents to access the system utilizing their current
22		infrastructure if it meets the standards adopted by the
23		Department.
24		(50 ILCS 750/15.7)
25		Sec. 15.7. Compliance with certification of 9-1-1 system

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1		providers by the Illinois Commerce Commission. In addition to
2		the requirements of this Act Section, all 9-1-1 system
3		providers must comply with the requirements of Section 13-900
4		of the Public Utilities Act.
5		(Source: P.A. 96-25, eff. 6-30-09.)
6		(50 ILCS 750/15.8)
7		Sec. 15.8. 9-1-1 dialing from a business.
8		(a) Any entity that installs or operates a private business
9		switch service and provides telecommunications facilities or
10		services to businesses shall ensure that all systems installed
11		on or after July 1, 2015 (the effective date of Public Act
12		98-875) the effective date of this amendatory Act of the 98th
13		General Assembly are connected to the public switched network
14		in a manner such that when a user dials "9-1-1", the emergency
15		call connects to the 9-1-1 system without first dialing any
16		number or set of numbers.
17		(b) The requirements of this Section do not apply to:
18		(1) any entity certified by the Illinois Commerce
19		Commission to operate a Private Emergency Answering Point
20		as defined in 83 Ill. Adm. Code 726.105; or
21		(2) correctional institutions and facilities as
22		defined in subsection (d) of Section 3-1-2 of the Unified
23		Code of Corrections.
24		(c) An entity that violates this Section is guilty of a
25		business offense and shall be fined not less than $1,000 and

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1		not more than $5,000.
2		(Source: P.A. 98-875, eff. 7-1-15.)
3		(50 ILCS 750/20 new)
4		Sec. 20. Statewide surcharge.
5		(a) On and after January 1, 2016, and except with respect
6		to those customers who are subject to surcharges as provided in
7		Sections 15.3 and 15.3a of this Act, a monthly surcharge shall
8		be imposed on all customers of telecommunications carriers and
9		wireless carriers as follows:
10		(1) Each telecommunications carrier shall impose a
11		monthly surcharge of $0.87 per network connection;
12		provided, however, the monthly surcharge shall not apply to
13		a network connection provided for use with pay telephone
14		services. Where multiple voice grade communications
15		channels are connected between the subscriber's premises
16		and a public switched network through private branch
17		exchange (PBX) or centrex type service there shall be
18		imposed 5 such surcharges per network connection for both
19		regular service and advanced service provisioned trunk
20		lines.
21		(2) Each wireless carrier shall impose and collect a
22		monthly surcharge of $0.87 per CMRS connection that either
23		has a telephone number within an area code assigned to
24		Illinois by the North American Numbering Plan
25		Administrator or has a billing address in this State.

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1		(b) State and local taxes shall not apply to the surcharges
2		imposed under this Section.
3		(c) The surcharges imposed by this Section shall be stated
4		as a separately stated item on subscriber bills.
5		(d) The telecommunications carrier collecting the
6		surcharge shall also be entitled to deduct 3% of the gross
7		amount of surcharge collected to reimburse the
8		telecommunications carrier for the expense of accounting and
9		collecting the surcharge. On and after July 1, 2022, the
10		wireless carrier collecting a surcharge under this Section
11		shall be entitled to deduct up to 3% of the gross amount of the
12		surcharge collected to reimburse the wireless carrier for the
13		expense of accounting and collecting the surcharge.
14		(e) Surcharges imposed under this Section shall be
15		collected by the carriers and, within 30 days of collection,
16		remitted, either by check or electronic funds transfer, to the
17		Department for deposit into the Statewide 9-1-1 Fund. Carriers
18		are not required to remit surcharge moneys that are billed to
19		subscribers but not yet collected.
20		The first remittance by wireless carriers shall include the
21		number of subscribers by zip code, and the 9-digit zip code if
22		currently being used or later implemented by the carrier, that
23		shall be the means by which the Department shall determine
24		distributions from the Statewide 9-1-1 Fund. This information
25		shall be updated at least once each year. Any carrier that
26		fails to provide the zip code information required under this

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1		subsection (e) shall be subject to the penalty set forth in
2		subsection (g) of this Section.
3		(f) If, within 5 business days it is due under subsection
4		(e) of this Section, a carrier does not remit the surcharge or
5		any portion thereof required under this Section, then the
6		surcharge or portion thereof shall be deemed delinquent until
7		paid in full, and the Department may impose a penalty against
8		the carrier in an amount equal to the greater of:
9		(1) $25 for each month or portion of a month from the
10		time an amount becomes delinquent until the amount is paid
11		in full; or
12		(2) an amount equal to the product of 1% and the sum of
13		all delinquent amounts for each month or portion of a month
14		that the delinquent amounts remain unpaid.
15		A penalty imposed in accordance with this subsection (f)
16		for a portion of a month during which the carrier pays the
17		delinquent amount in full shall be prorated for each day of
18		that month that the delinquent amount was paid in full. Any
19		penalty imposed under this subsection (f) is in addition to the
20		amount of the delinquency and is in addition to any other
21		penalty imposed under this Section.
22		(g) If, within 5 business days after it is due, a wireless
23		carrier does not provide the number of subscribers by zip code
24		as required under subsection (e) of this Section, then the
25		report is deemed delinquent and the Department may impose a
26		penalty against the carrier in an amount equal to the greater

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1		of:
2		(1) $25 for each month or portion of a month that the
3		report is delinquent; or
4		(2) an amount equal to the product of $0.01 and the
5		number of subscribers served by the carrier.
6		A penalty imposed in accordance with this subsection (g)
7		for a portion of a month during which the carrier provides the
8		number of subscribers by zip code as required under subsection
9		(e) of this Section shall be prorated for each day of that
10		month during which the carrier had not provided the number of
11		subscribers by zip code as required under subsection (e) of
12		this Section. Any penalty imposed under this subsection (g) is
13		in addition to any other penalty imposed under this Section.
14		(h) A penalty imposed and collected in accordance with
15		subsection (f) or (g) of this Section shall be deposited into
16		the Statewide 9-1-1 Fund for distribution according to Section
17		30 of this Act.
18		(i) The Department may enforce the collection of any
19		delinquent amount and any penalty due and unpaid under this
20		Section by legal action or in any other manner by which the
21		collection of debts due the State of Illinois may be enforced
22		under the laws of this State. The Department may excuse the
23		payment of any penalty imposed under this Section if the
24		Administrator determines that the enforcement of this penalty
25		is unjust.
26		(j) Notwithstanding any provision of law to the contrary,

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1		nothing shall impair the right of wireless carriers to recover
2		compliance costs for all emergency communications services
3		that are not reimbursed out of the Wireless Carrier
4		Reimbursement Fund directly from their wireless subscribers by
5		line-item charges on the wireless subscriber's bill. Those
6		compliance costs include all costs incurred by wireless
7		carriers in complying with local, State, and federal regulatory
8		or legislative mandates that require the transmission and
9		receipt of emergency communications to and from the general
10		public, including, but not limited to, E9-1-1.
11		(50 ILCS 750/30 new)
12		Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
13		(a) A special fund in the State treasury known as the
14		Wireless Service Emergency Fund shall be renamed the Statewide
15		9-1-1 Fund. Any appropriations made from the Wireless Service
16		Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
17		The Fund shall consist of the following:
18		(1) 9-1-1 wireless surcharges assessed under the
19		Wireless Emergency Telephone Safety Act.
20		(2) 9-1-1 surcharges assessed under Section 20 of this
21		Act.
22		(3) Prepaid wireless 9-1-1 surcharges assessed under
23		Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
24		(4) Any appropriations, grants, or gifts made to the
25		Fund.

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1		(5) Any income from interest, premiums, gains, or other
2		earnings on moneys in the Fund.
3		(6) Money from any other source that is deposited in or
4		transferred to the Fund.
5		(b) Subject to appropriation, the Department shall
6		distribute the 9-1-1 surcharges monthly as follows:
7		(1) From each surcharge collected and remitted under
8		Section 20 of this Act:
9		(A) $0.013 shall be distributed monthly in equal
10		amounts to each County Emergency Telephone System
11		Board or qualified governmental entity in counties
12		with a population under 100,000 according to the most
13		recent census data which is authorized to serve as a
14		primary wireless 9-1-1 public safety answering point
15		for the county and to provide wireless 9-1-1 service as
16		prescribed by subsection (b) of Section 15.6a of this
17		Act, and which does provide such service.
18		(B) $0.033 shall be transferred by the Comptroller
19		at the direction of the Department to the Wireless
20		Carrier Reimbursement Fund until June 30, 2017; from
21		July 1, 2017 through June 30, 2018, $0.026 shall be
22		transferred; from July 1, 2018 through June 30, 2019,
23		$0.020 shall be transferred; from July 1, 2019, through
24		June 30, 2020, $0.013 shall be transferred; from July
25		1, 2020 through June 30, 2021, $0.007 will be
26		transferred; and after June 30, 2021, no transfer shall

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1		be made to the Wireless Carrier Reimbursement Fund.
2		(C) $0.007 shall be used to cover the Department's
3		administrative costs.
4		(2) After disbursements under paragraph (1) of this
5		subsection (b), all remaining funds in the Statewide 9-1-1
6		Fund shall be disbursed in the following priority order:
7		(A) The Fund will pay monthly to:
8		(i) the 9-1-1 Authorities that imposed
9		surcharges under Section 15.3 of this Act and were
10		required to report to the Illinois Commerce
11		Commission under Section 27 of the Wireless
12		Emergency Telephone Safety Act on October 1, 2014,
13		except a 9-1-1 Authority in a municipality with a
14		population in excess of 500,000, an amount equal to
15		the average monthly wireline and VoIP surcharge
16		revenue attributable to the most recent 12-month
17		period reported to the Department under that
18		Section for the October 1, 2014 filing, subject to
19		the power of the Department to investigate the
20		amount reported and adjust the number by order
21		under Article X of the Public Utilities Act, so
22		that the monthly amount paid under this item
23		accurately reflects one-twelfth of the aggregate
24		wireline and VoIP surcharge revenue properly
25		attributable to the most recent 12-month period
26		reported to the Commission; or

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1		(ii) county qualified governmental entities
2		that did not impose a surcharge under Section 15.3
3		as of December 31, 2015, and counties that did not
4		impose a surcharge as of June 30, 2015, an amount
5		equivalent to their population multiplied by .37
6		multiplied by the rate of $0.69; counties that are
7		not county qualified governmental entities and
8		that did not impose a surcharge as of December 31,
9		2015, shall not begin to receive the payment
10		provided for in this subsection until E9-1-1 and
11		wireless E9-1-1 services are provided within their
12		counties; or
13		(iii) counties without 9-1-1 service that had
14		a surcharge in place by December 31, 2015, an
15		amount equivalent to their population multiplied
16		by .37 multiplied by their surcharge rate as
17		established by the referendum.
18		(B) All 9-1-1 network costs for systems outside of
19		municipalities with a population of at least 500,000
20		shall be paid by the Department directly to the
21		vendors.
22		(C) All expenses incurred by the Administrator and
23		the Statewide 9-1-1 Advisory Board and costs
24		associated with procurement under Section 15.6b
25		including requests for information and requests for
26		proposals.

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1		(D) Funds may be held in reserve by the Statewide
2		9-1-1 Advisory Board and disbursed by the Department
3		for grants under Sections 15.4a, 15.4b, and for NG9-1-1
4		expenses up to $12.5 million per year in State fiscal
5		years 2016 and 2017; up to $13.5 million in State
6		fiscal year 2018; up to $14.4 million in State fiscal
7		year 2019; up to $15.3 million in State fiscal year
8		2020; up to $16.2 million in State fiscal year 2021; up
9		to $23.1 million in State fiscal year 2022; and up to
10		$17.0 million per year for State fiscal year 2023 and
11		each year thereafter.
12		(E) All remaining funds per remit month shall be
13		used to make monthly proportional grants to the
14		appropriate 9-1-1 Authority currently taking wireless
15		9-1-1 based upon the United States Postal Zip Code of
16		the billing addresses of subscribers of wireless
17		carriers.
18		(c) The moneys deposited into the Statewide 9-1-1 Fund
19		under this Section shall not be subject to administrative
20		charges or chargebacks unless otherwise authorized by this Act.
21		(d) Whenever two or more 9-1-1 Authorities consolidate, the
22		resulting Joint Emergency Telephone System Board shall be
23		entitled to the monthly payments that had theretofore been made
24		to each consolidating 9-1-1 Authority. Any reserves held by any
25		consolidating 9-1-1 Authority shall be transferred to the
26		resulting Joint Emergency Telephone System Board. Whenever a

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1		county that has no 9-1-1 service as of January 1, 2016 enters
2		into an agreement to consolidate to create or join a Joint
3		Emergency Telephone System Board, the Joint Emergency
4		Telephone System Board shall be entitled to the monthly
5		payments that would have otherwise been paid to the county if
6		it had provided 9-1-1 service.
7		(50 ILCS 750/35 new)
8		Sec. 35. 9-1-1 surcharge; allowable expenditures. Except
9		as otherwise provided in this Act, expenditures from surcharge
10		revenues received under this Act may be made by municipalities,
11		counties, and 9-1-1 Authorities only to pay for the costs
12		associated with the following:
13		(1) The design of the Emergency Telephone System.
14		(2) The coding of an initial Master Street Address
15		Guide database, and update and maintenance thereof.
16		(3) The repayment of any moneys advanced for the
17		implementation of the system.
18		(4) The charges for Automatic Number Identification
19		and Automatic Location Identification equipment, a
20		computer aided dispatch system that records, maintains,
21		and integrates information, mobile data transmitters
22		equipped with automatic vehicle locators, and maintenance,
23		replacement, and update thereof to increase operational
24		efficiency and improve the provision of emergency
25		services.

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1		(5) The non-recurring charges related to installation
2		of the Emergency Telephone System.
3		(6) The acquisition and installation, or the
4		reimbursement of costs therefor to other governmental
5		bodies that have incurred those costs, of road or street
6		signs that are essential to the implementation of the
7		Emergency Telephone System and that are not duplicative of
8		signs that are the responsibility of the jurisdiction
9		charged with maintaining road and street signs.
10		(7) Other products and services necessary for the
11		implementation, upgrade, and maintenance of the system and
12		any other purpose related to the operation of the system,
13		including costs attributable directly to the construction,
14		leasing, or maintenance of any buildings or facilities or
15		costs of personnel attributable directly to the operation
16		of the system. Costs attributable directly to the operation
17		of an emergency telephone system do not include the costs
18		of public safety agency personnel who are and equipment
19		that is dispatched in response to an emergency call.
20		(8) The defraying of expenses incurred to implement
21		Next Generation 9-1-1, subject to the conditions set forth
22		in this Act.
23		(9) The implementation of a computer aided dispatch
24		system or hosted supplemental 9-1-1 services.
25		(10) The design, implementation, operation,
26		maintenance, or upgrade of wireless 9-1-1 or E9-1-1

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1		emergency services and public safety answering points.
2		Moneys in the Statewide 9-1-1 Fund may also be transferred
3		to a participating fire protection district to reimburse
4		volunteer firefighters who man remote telephone switching
5		facilities when dedicated 9-1-1 lines are down.
6		In the case of a municipality with a population over
7		500,000, moneys may also be used for any anti-terrorism or
8		emergency preparedness measures, including, but not limited
9		to, preparedness planning, providing local matching funds for
10		federal or State grants, personnel training, and specialized
11		equipment, including surveillance cameras, as needed to deal
12		with natural and terrorist-inspired emergency situations or
13		events.
14		(50 ILCS 750/40 new)
15		Sec. 40. Financial reports.
16		(a) The Department shall create uniform accounting
17		procedures, with such modification as may be required to give
18		effect to statutory provisions applicable only to
19		municipalities with a population in excess of 500,000, that any
20		emergency telephone system board, qualified governmental
21		entity, or unit of local government receiving surcharge money
22		pursuant to Section 15.3, 15.3a, or 30 of this Act must follow.
23		(b) By October 1, 2016, and every October 1 thereafter,
24		each emergency telephone system board, qualified governmental
25		entity, or unit of local government receiving surcharge money

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1		pursuant to Section 15.3, 15.3a, or 30 shall report to the
2		Department audited financial statements showing total revenue
3		and expenditures for the previous fiscal year in a form and
4		manner as prescribed by the Department. Such financial
5		information shall include:
6		(1) a detailed summary of revenue from all sources
7		including, but not limited to, local, State, federal, and
8		private revenues, and any other funds received;
9		(2) operating expenses, capital expenditures, and cash
10		balances; and
11		(3) such other financial information that is relevant
12		to the provision of 9-1-1 services as determined by the
13		Department.
14		The emergency telephone system board, qualified
15		governmental entity, or unit of local government is responsible
16		for any costs associated with auditing such financial
17		statements. The Department shall post the audited financial
18		statements on the Department's website.
19		(c) Along with its audited financial statement, each
20		emergency telephone system board, qualified governmental
21		entity, or unit of local government receiving a grant under
22		Section 15.4b of this Act shall include a report of the amount
23		of grant moneys received and how the grant moneys were used. In
24		case of a conflict between this requirement and the Grant
25		Accountability and Transparency Act, or with the rules of the
26		Governor's Office of Management and Budget adopted thereunder,

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1		that Act and those rules shall control.
2		(d) If an emergency telephone system board or qualified
3		governmental entity that receives funds from the Statewide
4		9-1-1 Fund fails to file the 9-1-1 system financial reports as
5		required under this Section, the Department shall suspend and
6		withhold monthly disbursements otherwise due to the emergency
7		telephone system board or qualified governmental entity under
8		Section 30 of this Act until the report is filed.
9		Any monthly disbursements that have been withheld for 12
10		months or more shall be forfeited by the emergency telephone
11		system board or qualified governmental entity and shall be
12		distributed proportionally by the Department to compliant
13		emergency telephone system boards and qualified governmental
14		entities that receive funds from the Statewide 9-1-1 Fund.
15		Any emergency telephone system board or qualified
16		governmental entity not in compliance with this Section shall
17		be ineligible to receive any consolidation grant or
18		infrastructure grant issued under this Act.
19		(e) The Department may adopt emergency rules necessary to
20		implement the provisions of this Section.
21		(50 ILCS 750/45 new)
22		Sec. 45. Wireless Carrier Reimbursement Fund.
23		(a) A special fund in the State treasury known as the
24		Wireless Carrier Reimbursement Fund, which was created
25		previously under Section 30 of the Wireless Emergency Telephone

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1		Safety Act, shall continue in existence without interruption
2		notwithstanding the repeal of that Act. Moneys in the Wireless
3		Carrier Reimbursement Fund may be used, subject to
4		appropriation, only (i) to reimburse wireless carriers for all
5		of their costs incurred in complying with the applicable
6		provisions of Federal Communications Commission wireless
7		enhanced 9-1-1 service mandates, and (ii) to pay the reasonable
8		and necessary costs of the Illinois Commerce Commission in
9		exercising its rights, duties, powers, and functions under this
10		Act. This reimbursement to wireless carriers may include, but
11		need not be limited to, the cost of designing, upgrading,
12		purchasing, leasing, programming, installing, testing, and
13		maintaining necessary data, hardware, and software and
14		associated operating and administrative costs and overhead.
15		(b) To recover costs from the Wireless Carrier
16		Reimbursement Fund, the wireless carrier shall submit sworn
17		invoices to the Illinois Commerce Commission. In no event may
18		any invoice for payment be approved for (i) costs that are not
19		related to compliance with the requirements established by the
20		wireless enhanced 9-1-1 mandates of the Federal Communications
21		Commission, or (ii) costs with respect to any wireless enhanced
22		9-1-1 service that is not operable at the time the invoice is
23		submitted.
24		(c) If in any month the total amount of invoices submitted
25		to the Illinois Commerce Commission and approved for payment
26		exceeds the amount available in the Wireless Carrier

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1		Reimbursement Fund, wireless carriers that have invoices
2		approved for payment shall receive a pro-rata share of the
3		amount available in the Wireless Carrier Reimbursement Fund
4		based on the relative amount of their approved invoices
5		available that month, and the balance of the payments shall be
6		carried into the following months until all of the approved
7		payments are made.
8		(d) A wireless carrier may not receive payment from the
9		Wireless Carrier Reimbursement Fund for its costs of providing
10		wireless enhanced 9-1-1 services in an area when a unit of
11		local government or emergency telephone system board provides
12		wireless 9-1-1 services in that area and was imposing and
13		collecting a wireless carrier surcharge prior to July 1, 1998.
14		(e) The Illinois Commerce Commission shall maintain
15		detailed records of all receipts and disbursements and shall
16		provide an annual accounting of all receipts and disbursements
17		to the Auditor General.
18		(f) The Illinois Commerce Commission must annually review
19		the balance in the Wireless Carrier Reimbursement Fund as of
20		June 30 of each year and shall direct the Comptroller to
21		transfer into the Statewide 9-1-1 Fund for distribution in
22		accordance with subsection (b) of Section 30 of this Act any
23		amount in excess of outstanding invoices as of June 30 of each
24		year.
25		(g) The Illinois Commerce Commission shall adopt rules to
26		govern the reimbursement process.

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1		(50 ILCS 750/50 new)
2		Sec. 50. Fund audits. The Auditor General shall conduct as
3		a part of its bi-annual audit, an audit of the Statewide 9-1-1
4		Fund and the Wireless Carrier Reimbursement Fund for compliance
5		with the requirements of this Act. The audit shall include, but
6		not be limited to, the following determinations:
7		(1) Whether detailed records of all receipts and
8		disbursements from the Statewide 9-1-1 Fund and the
9		Wireless Carrier Reimbursement Fund are being maintained.
10		(2) Whether administrative costs charged to the funds
11		are adequately documented and are reasonable.
12		(3) Whether the procedures for making disbursements
13		and grants and providing reimbursements in accordance with
14		the Act are adequate.
15		(4) The status of the implementation of statewide 9-1-1
16		service and Next Generation 9-1-1 service in Illinois.
17		The Illinois Commerce Commission, the Department of State
18		Police, and any other entity or person that may have
19		information relevant to the audit shall cooperate fully and
20		promptly with the Office of the Auditor General in conducting
21		the audit. The Auditor General shall commence the audit as soon
22		as possible and distribute the report upon completion in
23		accordance with Section 3-14 of the Illinois State Auditing
24		Act.

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1		(50 ILCS 750/55 new)
2		Sec. 55. Public disclosure. Because of the highly
3		competitive nature of the wireless telephone industry, public
4		disclosure of information about surcharge moneys paid by
5		wireless carriers could have the effect of stifling competition
6		to the detriment of the public and the delivery of wireless
7		9-1-1 services. Therefore, the Illinois Commerce Commission,
8		the Department of State Police, governmental agencies, and
9		individuals with access to that information shall take
10		appropriate steps to prevent public disclosure of this
11		information. Information and data supporting the amount and
12		distribution of surcharge moneys collected and remitted by an
13		individual wireless carrier shall be deemed exempt information
14		for purposes of the Freedom of Information Act and shall not be
15		publicly disclosed. The gross amount paid by all carriers shall
16		not be deemed exempt and may be publicly disclosed.
17		(50 ILCS 750/60 new)
18		Sec. 60. Interconnected VoIP providers. Interconnected
19		VoIP providers in Illinois shall be subject in a competitively
20		neutral manner to the same provisions of this Act as are
21		provided for telecommunications carriers. Interconnected VoIP
22		services shall not be considered an intrastate
23		telecommunications service for the purposes of this Act in a
24		manner inconsistent with federal law or Federal Communications
25		Commission regulation.

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1		(50 ILCS 750/2.01 rep.)
2		(50 ILCS 750/2.02 rep.)
3		(50 ILCS 750/2.03 rep.)
4		(50 ILCS 750/2.04 rep.)
5		(50 ILCS 750/2.05 rep.)
6		(50 ILCS 750/2.06 rep.)
7		(50 ILCS 750/2.06a rep.)
8		(50 ILCS 750/2.07 rep.)
9		(50 ILCS 750/2.08 rep.)
10		(50 ILCS 750/2.09 rep.)
11		(50 ILCS 750/2.10 rep.)
12		(50 ILCS 750/2.11 rep.)
13		(50 ILCS 750/2.12 rep.)
14		(50 ILCS 750/2.13 rep.)
15		(50 ILCS 750/2.14 rep.)
16		(50 ILCS 750/2.15 rep.)
17		(50 ILCS 750/2.16 rep.)
18		(50 ILCS 750/2.17 rep.)
19		(50 ILCS 750/2.18 rep.)
20		(50 ILCS 750/2.19 rep.)
21		(50 ILCS 750/2.20 rep.)
22		(50 ILCS 750/2.21 rep.)
23		(50 ILCS 750/2.22 rep.)
24		(50 ILCS 750/2.23 rep.)
25		(50 ILCS 750/2.24 rep.)

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1		(50 ILCS 750/2.25 rep.)
2		(50 ILCS 750/2.26 rep.)
3		(50 ILCS 750/2.27 rep.)
4		(50 ILCS 750/2.28 rep.)
5		(50 ILCS 750/9 rep.)
6		Section 2-15. The Emergency Telephone System Act is amended
7		by repealing Sections 2.01, 2.02, 2.03, 2.04, 2.05, 2.06,
8		2.06a, 2.07, 2.08, 2.09, 2.10, 2.11, 2.12, 2.13, 2.14, 2.15,
9		2.16, 2.17, 2.18, 2.19, 2.20, 2.21, 2.22, 2.23, 2.24, 2.25,
10		2.26, 2.27, 2.28, and 9.
11		Section 2-25. The Prepaid Wireless 9-1-1 Surcharge Act is
12		amended by changing Section 20 as follows:
13		(50 ILCS 753/20)
14		Sec. 20. Administration of prepaid wireless 9-1-1
15		surcharge.
16		(a) In the administration and enforcement of this Act, the
17		provisions of Sections 2a, 2b, 2c, 3, 4, 5, 5a, 5b, 5c, 5d, 5e,
18		5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, and 12 of the
19		Retailers' Occupation Tax Act that are not inconsistent with
20		this Act, and Section 3-7 of the Uniform Penalty and Interest
21		Act shall apply, as far as practicable, to the subject matter
22		of this Act to the same extent as if those provisions were
23		included in this Act. References to "taxes" in these
24		incorporated Sections shall be construed to apply to the

SB0096 Enrolled - 184 - LRB099 04130 HAF 24150 b
1		administration, payment, and remittance of all surcharges
2		under this Act. The Department shall establish registration and
3		payment procedures that substantially coincide with the
4		registration and payment procedures that apply to the
5		Retailers' Occupation Tax Act.
6		(b) A For the first 12 months after the effective date of
7		this Act, a seller shall be permitted to deduct and retain 5%
8		of prepaid wireless 9-1-1 surcharges that are collected by the
9		seller from consumers and that are remitted and timely filed
10		with the Department. After the first 12 months, a seller shall
11		be permitted to deduct and retain 3% of prepaid wireless 9-1-1
12		surcharges that are collected by the seller from consumers and
13		that are remitted and timely filed with the Department.
14		(c) Other than the amounts for deposit into the Municipal
15		Wireless Service Emergency Fund, the Department shall pay to
16		the State Treasurer all prepaid wireless E911 charges, and
17		penalties, and interest collected under this Act for deposit
18		into the Statewide 9-1-1 Fund Wireless Service Emergency Fund.
19		On or before the 25th day of each calendar month, the
20		Department shall prepare and certify to the Comptroller the
21		amount available to the Department of State Police Illinois
22		Commerce Commission for distribution out of the Statewide 9-1-1
23		Fund Wireless Service Emergency Fund. The amount certified
24		shall be the amount (not including credit memoranda) collected
25		during the second preceding calendar month by the Department
26		plus an amount the Department determines is necessary to offset

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1		any amounts which were erroneously paid to a different taxing
2		body. The amount paid to the Statewide 9-1-1 Fund Wireless
3		Service Emergency Fund shall not include any amount equal to
4		the amount of refunds made during the second preceding calendar
5		month by the Department of Revenue to retailers under this Act
6		or any amount that the Department determines is necessary to
7		offset any amounts which were payable to a different taxing
8		body but were erroneously paid to the Statewide 9-1-1 Fund
9		Wireless Service Emergency Fund. The Department of State Police
10		Illinois Commerce Commission shall distribute the funds in the
11		same proportion as they are distributed under the Wireless
12		Emergency Telephone Safety Act and the funds may only be used
13		in accordance with Section 30 the provisions of the Wireless
14		Emergency Telephone Safety Act. The Department may deduct an
15		amount, not to exceed 3% during the first year following the
16		effective date of this Act and not to exceed 2% during every
17		year thereafter of remitted charges, to be transferred into the
18		Tax Compliance and Administration Fund to reimburse the
19		Department for its direct costs of administering the collection
20		and remittance of prepaid wireless 9-1-1 surcharges.
21		(d) The Department shall administer the collection of all
22		9-1-1 surcharges and may adopt and enforce reasonable rules
23		relating to the administration and enforcement of the
24		provisions of this Act as may be deemed expedient. The
25		Department shall require all surcharges collected under this
26		Act to be reported on existing forms or combined forms,

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1		including, but not limited to, Form ST-1. Any overpayments
2		received by the Department for liabilities reported on existing
3		or combined returns shall be applied as an overpayment of
4		retailers' occupation tax, use tax, service occupation tax, or
5		service use tax liability.
6		(e) If a home rule municipality having a population in
7		excess of 500,000 as of the effective date of this amendatory
8		Act of the 97th General Assembly imposes an E911 surcharge
9		under subsection (a-5) of Section 15 of this Act, then the
10		Department shall pay to the State Treasurer all prepaid
11		wireless E911 charges, penalties, and interest collected for
12		deposit into the Municipal Wireless Service Emergency Fund. All
13		deposits into the Municipal Wireless Service Emergency Fund
14		shall be held by the State Treasurer as ex officio custodian
15		apart from all public moneys or funds of this State. Any
16		interest attributable to moneys in the Fund must be deposited
17		into the Fund. Moneys in the Municipal Wireless Service
18		Emergency Fund are not subject to appropriation. On or before
19		the 25th day of each calendar month, the Department shall
20		prepare and certify to the Comptroller the amount available for
21		disbursement to the home rule municipality out of the Municipal
22		Wireless Service Emergency Fund. The amount to be paid to the
23		Municipal Wireless Service Emergency Fund shall be the amount
24		(not including credit memoranda) collected during the second
25		preceding calendar month by the Department plus an amount the
26		Department determines is necessary to offset any amounts which

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1		were erroneously paid to a different taxing body. The amount
2		paid to the Municipal Wireless Service Emergency Fund shall not
3		include any amount equal to the amount of refunds made during
4		the second preceding calendar month by the Department to
5		retailers under this Act or any amount that the Department
6		determines is necessary to offset any amounts which were
7		payable to a different taxing body but were erroneously paid to
8		the Municipal Wireless Service Emergency Fund. Within 10 days
9		after receipt by the Comptroller of the certification provided
10		for in this subsection, the Comptroller shall cause the orders
11		to be drawn for the respective amounts in accordance with the
12		directions in the certification. The Department may deduct an
13		amount, not to exceed 3% during the first year following the
14		effective date of this amendatory Act of the 97th General
15		Assembly and not to exceed 2% during every year thereafter of
16		remitted charges, to be transferred into the Tax Compliance and
17		Administration Fund to reimburse the Department for its direct
18		costs of administering the collection and remittance of prepaid
19		wireless 9-1-1 surcharges.
20		(Source: P.A. 97-463, eff. 1-1-12; 97-748, eff. 7-6-12.)
21		ARTICLE III